07 Dec




















was punished with infamy and the loss of his suit, while his witness and champion suffered ignominious death. In many cases it was in the option of the judge to award or to refuse the combat: but two are specified, in which it was the inevitable result of the challenge; if a faithful vassal gave the lie to his compeer, who unjustly claimed any portion of their lord's demesnes; or if an unsuccessful suitor presumed to impeach the judgment and veracity of the court. He might impeach them, but the terms were severe and perilous: in the same day he successively fought _all_ the members of the tribunal, even those who had been absent; a single defeat was followed by death and infamy; and where none could hope for victory, it is highly probable that none would adventure the trial. In the Assise of Jerusalem, the legal subtlety of the count of Jaffa is more laudably employed to elude, than to facilitate, the judicial combat, which he derives from a principle of honor rather than of superstition. Among the causes which enfranchised the plebeians from the yoke of feudal tyranny, the institution of cities and corporations is one of the most powerful; and if those of Palestine are coeval with the first crusade, they may be ranked with the most ancient of the Latin world. Many of the pilgrims had escaped from their lords under the banner of the cross; and it was the policy of the French princes to tempt their stay by the assurance of the rights and privileges of freemen. It is expressly declared in the Assise of Jerusalem, that after instituting, for his knights and barons, the court of peers, in which he presided himself, Godfrey of Bouillon established a second tribunal, in which his person was represented by his viscount. The jurisdiction of this inferior court extended over the burgesses of the kingdom; and it was

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