Haute Cour of Jerusalem
Encyclopedia
Kingdom of Jerusalem
The Kingdom of Jerusalem was a Catholic kingdom established in the Levant in 1099 after the First Crusade. The kingdom lasted nearly two hundred years, from 1099 until 1291 when the last remaining possession, Acre, was destroyed by the Mamluks, but its history is divided into two distinct periods....
. It was sometimes also called the curia generalis, the curia regis, or, rarely, the parlement.
Composition of the court
The Haute Cour was a combination of legislative and judicial powers. It had its basis in medieval parliamentParliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
arian ideals: a sovereign
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
desired the consent of his subjects in certain matters, such as taxation and obligations to conduct military
Military
A military is an organization authorized by its greater society to use lethal force, usually including use of weapons, in defending its country by combating actual or perceived threats. The military may have additional functions of use to its greater society, such as advancing a political agenda e.g...
service.
The court developed gradually during the early 12th century AD, along with the kingdom itself, in the aftermath of the First Crusade
First Crusade
The First Crusade was a military expedition by Western Christianity to regain the Holy Lands taken in the Muslim conquest of the Levant, ultimately resulting in the recapture of Jerusalem...
. Technically all vassals of the king
Vassals of the Kingdom of Jerusalem
The Crusader state of the Kingdom of Jerusalem, created in 1099, was divided into a number of smaller seigneuries.-Introduction:According to the 13th century jurist John of Ibelin the four highest barons in the kingdom proper were:* the Count of Jaffa and Ascalon...
which were subject to its decisions had the right to sit and vote, but in practice only the more wealthy noble
Nobility
Nobility is a social class which possesses more acknowledged privileges or eminence than members of most other classes in a society, membership therein typically being hereditary. The privileges associated with nobility may constitute substantial advantages over or relative to non-nobles, or may be...
s did so; certain nobles attended regularly and tended to serve as presiding judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s when necessary. This developed into a system of higher nobles (direct vassals of the king
Kings of Jerusalem
This is a list of kings of Jerusalem, from 1099 to 1291, as well as claimants to the title up to the present day.-Kings of Jerusalem :...
) and lesser nobles (indirect vassals, who owed service to the higher nobles), with different privileges depending on idiosyncratic circumstances. Anyone who had committed perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
or had broken an oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
(whether a higher or lesser noble) forfeited his right to speak and vote. Only four votes (the king and any three vassals) were required to form a quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
.
The court could meet wherever necessary, not solely in Jerusalem. After around 1120 the court also included bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
s, and according to tradition new crusaders were entitled to sit and vote; the first time this occurred was the Council of Acre
Council of Acre
The Council of Acre met at Palmarea, near Acre, a major city of the crusader Kingdom of Jerusalem, on 24 June 1148. The Haute Cour of Jerusalem met with recently-arrived crusaders from Europe, to decide on the best target for the crusade. The Second Crusade had been called after the fall of Edessa...
on 24 June 1148 during the Second Crusade
Second Crusade
The Second Crusade was the second major crusade launched from Europe. The Second Crusade was started in response to the fall of the County of Edessa the previous year to the forces of Zengi. The county had been founded during the First Crusade by Baldwin of Boulogne in 1098...
, when the fatal decision to attack Damascus
Damascus
Damascus , commonly known in Syria as Al Sham , and as the City of Jasmine , is the capital and the second largest city of Syria after Aleppo, both are part of the country's 14 governorates. In addition to being one of the oldest continuously inhabited cities in the world, Damascus is a major...
was made. Later the masters of the military orders were entitled to sit and vote as well. During the 12th century there was also a smaller group of advisors to the king, but by the end of the century this group had fallen out of use.
Duties of the court
The court levied taxes on the inhabitants of the kingdom, and voted on military expeditions. A formal vote for war would mobilize all the vassals of the kingdom. The court was the only judicial body for the nobles of the kingdom, hearing cases of murder, rape, assault, wardship, debt, recovery of slaves, sales and purchases of fiefs and horses, default of service, inheritance, and treason. Punishments included forfeiture of land and exile, or in extreme cases death. It was possible to escape punishment from the court by challenging all the appointed judges to a judicial combat and defeating them (but this was of course impractical and was never done). The court was also responsible for mintingMint (coin)
A mint is an industrial facility which manufactures coins for currency.The history of mints correlates closely with the history of coins. One difference is that the history of the mint is usually closely tied to the political situation of an era...
coins.
Most importantly, the court elected the king or his regent, or settled disputes between various claimants. Each new reign began with a meeting of the court, to formally recognize the new king and to swear an oath of homage to him. They also gave advice to the king and developed proper procedures for doing so, but in practise they could disagree with the king and override his wishes. Essentially, the king was only "first among equals
First Among Equals
First Among Equals is a 1984 novel by British author Jeffrey Archer, which follows the careers and personal lives of four fictional British politicians from 1964 to 1991, with each vying to become Prime...
" while sitting in the court, although he was recognized as its head (in the king's absence the court was presided over by his seneschal
Officers of the Kingdom of Jerusalem
There were six major officers of the kingdom of Jerusalem: the constable, the marshal, the seneschal, the chamberlain , the butler and the chancellor...
).
Factions within the court
There tended to be two factions within the court, a so-called "court party," consisting of the royal family, the PatriarchLatin Patriarch of Jerusalem
The Latin Patriarch of Jerusalem is the title possessed by the Latin Rite Catholic Archbishop of Jerusalem. The Archdiocese of Jerusalem has jurisdiction for all Latin Rite Catholics in Israel, the Palestinian Territories, Jordan and Cyprus...
, and their supporters, and the "nobles' party," consisting of the higher nobility and the military orders. Disputes between the two factions were frequent. There was a major dispute during the regency of Melisende
Melisende of Jerusalem
Melisende was Queen of Jerusalem from 1131 to 1153, and regent for her son between 1153 and 1161 while he was on campaign. She was the eldest daughter of King Baldwin II of Jerusalem, and the Armenian princess Morphia of Melitene. She was named after her paternal grandmother, Melisende of...
for her son Baldwin III
Baldwin III of Jerusalem
Baldwin III was king of Jerusalem from 1143 to 1163. He was the eldest son of Melisende and Fulk of Jerusalem, and the grandson of Baldwin II of Jerusalem.-Succession:...
, when Melisende refused to give up the regency after Baldwin came of age. Baldwin eventually gained the support of the nobility and was recognized as king. A second major dispute arose during the regency of Raymond III of Tripoli
Raymond III of Tripoli
Raymond III of Tripoli was Count of Tripoli from 1152 to 1187 and Prince of Galilee and Tiberias in right of his wife Eschiva.-Early life:...
for the child-king Baldwin V
Baldwin V of Jerusalem
Baldwin V of Jerusalem was the son of Sibylla of Jerusalem and her first husband, William of Montferrat...
, when the relative newcomer Guy of Lusignan
Guy of Lusignan
Guy of Lusignan was a Poitevin knight, son of Hugh VIII of the prominent Lusignan dynasty. He was king of the crusader state of Jerusalem from 1186 to 1192 by right of marriage to Sibylla of Jerusalem, and of Cyprus from 1192 to 1194...
was chosen by the court party over more experienced nobles. This decision would eventually lead to increased conflict with the Muslims and the fall of Jerusalem itself in 1187.
The Assise sur la ligece
Perhaps the most important piece of legislation passed by the court was Amalric IAmalric I of Jerusalem
Amalric I of Jerusalem was King of Jerusalem 1163–1174, and Count of Jaffa and Ascalon before his accession. Amalric was the second son of Melisende of Jerusalem and Fulk of Jerusalem...
's Assise sur la ligece
Assise sur la ligece
The Assise sur la ligece is an important piece of legislation passed by the Haute Cour of Jerusalem, the feudal court of the crusader Kingdom of Jerusalem, in an unknown year, but probably in the 1170s under Amalric I of Jerusalem.The Assise formally prohibited the illegal confiscation of fiefs...
. The Assise formally prohibited the illegal confiscation of fiefs and required all of the king's vassals to ally against any lord who did so. Such a lord would not be given a trial, but would instead be stripped of his land or exiled. It also made all nobles direct vassals of the king, eliminating the previous distinction between higher and lesser nobles. This distinction still existed in reality, and although lesser nobles now had an equal voice in the court, the more powerful barons refused to be tried by lesser lords who were not their peers. The higher nobles were still able to judge the less powerful lords themselves. There were about 600 men eligible to vote in the Court according to the Assise.
The court in the 13th century
There was also a Cour des Bourgeois in the kingdom but in the 12th century the two do not seem to have met together. They began to do so in the 13th century when the capital of the kingdom had been moved to Acre, and the leaders of the merchant colonies in the coastal cities were also allowed to sit (but not vote). By this time central authority had eroded so much that the more powerful nobles often had their own courts.Holy Roman Emperor
Holy Roman Emperor
The Holy Roman Emperor is a term used by historians to denote a medieval ruler who, as German King, had also received the title of "Emperor of the Romans" from the Pope...
Frederick II
Frederick II, Holy Roman Emperor
Frederick II , was one of the most powerful Holy Roman Emperors of the Middle Ages and head of the House of Hohenstaufen. His political and cultural ambitions, based in Sicily and stretching through Italy to Germany, and even to Jerusalem, were enormous...
opposed the authority of the court while he was staying in Acre during the Fifth Crusade
Fifth Crusade
The Fifth Crusade was an attempt to reacquire Jerusalem and the rest of the Holy Land by first conquering the powerful Ayyubid state in Egypt....
, and it was temporarily abolished from 1232 to 1244. In its place the Commune of Acre was set up, which invoked the Assise against him, although his army was much larger than any force the remnant of the kingdom could muster. The Commune, unlike the Court, included the burgesses. Meanwhile, the Haute Cour of the Kingdom of Cyprus
Kingdom of Cyprus
The Kingdom of Cyprus was a Crusader kingdom on the island of Cyprus in the high and late Middle Ages, between 1192 and 1489. It was ruled by the French House of Lusignan.-History:...
adopted basically the same structure.
Significance
Most of our information on the court comes from John of IbelinJohn of Ibelin (jurist)
John of Ibelin , count of Jaffa and Ascalon, was a noted jurist and the author of the longest legal treatise from the Kingdom of Jerusalem. He was the son of Philip of Ibelin, bailli of the Kingdom of Cyprus, and Alice of Montbéliard, and was the nephew of John of Ibelin, the "Old Lord of Beirut"...
's description of it, written in the 1260s. His description was an idealized explanation of the laws and procedures, based on the idea that Godfrey of Bouillon
Godfrey of Bouillon
Godfrey of Bouillon was a medieval Frankish knight who was one of the leaders of the First Crusade from 1096 until his death. He was the Lord of Bouillon, from which he took his byname, from 1076 and the Duke of Lower Lorraine from 1087...
, the first king of Jerusalem, had personally established it and that it had remained unchanged since then (in the 13th century Godfrey was already a legendary figure). This was not the case, although it did develop much more slowly than similar contemporary courts elsewhere in Europe. Unlike France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
or England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, the kingdom was not developing into a centralized parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
ary government – in fact it developed the opposite way, with the king losing more and more power to the barons. The court had essentially fossilized the feudalism of northern France circa 1100; because the kingdom was constantly at war, covered so little land, had so few westerners, and survived in Jerusalem for less than a hundred years, it did not have a chance to develop into a true Parliament.
John of Ibelin's description, while useful, was taken too literally by later historians. In the 19th century, the court was commonly held to be the purest representation of feudalism in all of the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
, although today this is considered too simplistic. The court was in some ways a fairly typical feudal court, but was adapted to the specific circumstances of the crusades
Crusades
The Crusades were a series of religious wars, blessed by the Pope and the Catholic Church with the main goal of restoring Christian access to the holy places in and near Jerusalem...
and of the Kingdom of Jerusalem.
Sources
- Peter W. Edbury, John of Ibelin and the Kingdom of Jerusalem. Rochester, New York: 1997.
- John L. La Monte, Feudal Monarchy in the Latin Kingdom of Jerusalem, 1100-1291. Cambridge, Massachusetts: 1932.
- Joshua PrawerJoshua PrawerJoshua Prawer was a notable Israeli historian and a scholar of the Crusades and Kingdom of Jerusalem.His work often attempted to portray Crusader society as a forerunner to later European colonialist expansion...
, The Crusaders' Kingdom: European Colonialism in the Middle Ages. London: 1972.