Page:Decline and Fall of the Roman Empire vol 6 (1897).djvu/342

 burgesses 320 THE DECLINE AND FALL but in civil cases the demandant was punished with infamy and the loss of his suit, while his witness and champion suffered an ignominious death. In many cases, it was in the option of the judge to award or to refuse the combat ; but two are speci- fied 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 honour rather than of superstition.^"*** Court of Among the causes which enfranchised the plebeians from the yoke of feudal tyi'anny, the institution of cities and corporations is one of the most powerful ; and, if those of Palestine are co- eval 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 ; antl it was composed of a select number of the most discreet and worthy citizens, who were sworn to judge, according to the laws, of the actions and fortunes of their equals. ^^'^ In the conquest and settlement of new cities, the example of Jerusalem was imitated by the kings and their great vassals ; and above 1J8 por the intelligence of this obscure and obsolete jurisprudence (c. 80-111), I am deeply indebted to the friendship of a learned lord, who, with an accurate and discerning eye, has surveyed the philosophic history of law. By his studies, posterity might be enriched ; the merit of the orator and the judge can be felt only by his contemporaries. [The reference is to Lord Loughborough.] 1^8 Louis le Gros, who is considered as the father of this institution in France, did not begin his reign till nine years (A.D. 1108) after Godfrey of Bouillon (Assises, c. 2, 324). For its origin and effects, see the judicious remarks of Dr. Robertson (History of Charles V. vol. i. p. 30-36, 251-265, quarto edition).