Showing posts with label High Court of Jerusalem. Show all posts
Showing posts with label High Court of Jerusalem. Show all posts

Thursday, December 15, 2016

Ardent Crusader and Relucant King: Henri de Champagne



Henri of Champagne was one of the most ardent French crusaders to join the Third Crusade. His eagerness to take part in the crusade brought him to the Holy Land well ahead of either of his uncles, the Kings of France and England respectively. Despite his youth, his royal connections assured him a prominent role. Just how prominent, he never dreamed.
  

Henri was born in the County of Champagne on July 29, 1166. He was the eldest son of the Count of Champagne and his wife, Princess Marie of France. Marie was the daughter of King Louis VII of France by his first wife, Eleanor, Duchess of Aquitaine. His father's sister Adela followed Eleanor as wife of Louis VII and became Queen of France, while his younger brother Theobald married Eleanor of Aquitaine and Louis VII’s other daughter Alix. In short, young Henri was very "well connected" to the French royal house, and through his grandmother to the Plantagenets as well.


In 1181, his father died and Henri became titular Count of Champagne, but his mother retained control of the County until he turned 21 in 1187.  Hardly had he assumed his inheritance than word reached France that Jerusalem had fallen to the Saracens after the disastrous battle at Hattin. Almost immediately, Henri’s maternal uncle, Richard Count of Poitou (later King of England) took the cross, vowing to restore Jerusalem to Christian rule. He was followed by a wave of other knights and nobles, including (reluctantly) Henri’s paternal uncle, Philip II of France.  Henri was not left cold by this crusading fever. Indeed, he appears to have been one of the most fervent crusaders of the entire campaign, incurring huge debts to finance a large contingent of knights and men-at-arms, paying for their transport, and setting out for the Holy Land more than a year before either of his uncles.





Before departing, however, the young, unmarried count made careful provisions for his inheritance. He designated his mother as his regent and his still underage younger brother Theobald as his heir. His vassals duly swore to recognize Theobald as Count of Champagne, if Henri failed to return from the crusade. This was a wise precaution as an estimated one third of all noble crusaders were either killed outright or fell victim to disease and illness while on crusade. What no one envisaged at this time was that Henri might “fail to return” without actually being dead….


Henri arrived in the Holy Land in the summer of 1190 and at once joined the Frankish siege of the Saracen-held city of Acre. His close ties to the French royal house immediately made him a leading commander, despite his youth (he was just 24) and inexperience. Henri was also related to Conrad de Montferrat, and ― anticipating his uncle Philip II ― gave his support to Montferrat in his rivalry with the discredited Guy de Lusignan (the architect of Frankish defeat at Hattin). According to some accounts, he played a role in securing Isabella of Jerusalem’s divorce from Humphrey of Toron thereby  paving the way for her marriage to Conrad de Montferrat. Arab sources record that he was wounded in November 1190 during one of the many skirmishes during the siege of Acre.



After the arrival of his uncles, the kings of France and England, Henri initially managed to retain the favor of both, but he appears to have been genuinely outraged (as were most of the French nobles) by Philip II of France’s abrupt departure after the fall of Acre in July 1191. Henri remained in the Holy Land, true to his crusading vow, and when he ran low on funds to pay his troops, he turned to his uncle, the King of England. Richard readily advanced him sufficient funds to retain his contingent in the field, and thereby secured the gratitude and loyalty of the Count of Champagne. 


In April 1192, Richard I of England received news that his brother John had allied himself with the Philip II of France and that they were attempting to take his inheritance from him. Recognizing he could not remain much longer in the Holy Land, Richard asked the barons of Jerusalem to select between the rivals, Guy de Lusignan and Conrad de Montferrat, their king. The High Court of Jerusalem chose Conrad de Montferrat, and the King of England bowed to their will. Richard chose his nephew Henri to go to Tyre to assure Conrad that he, Richard Plantagenet, had at last abandoned his protégé Lusignan and was willing to recognize Conrad as King of Jerusalem.


The message delivered, Henri began the journey back to rejoin the crusading army at Ascalon. He had only got as far as Acre, however,  when the news overtook him that Conrad had been stabbed to death by two assassins. Henri at once returned to Tyre, probably to verify a story that seemed incredible under the circumstances. In Tyre, Henri discovered that the news was correct: Conrad de Montferrat had been stabbed to death, the newly elected King of Jerusalem was dead.


One version of what happened next has captured the popular imagination and been repeated uncritically in almost every history and novel ever since. This account claims that on the arrival of Henri in Tyre “the people” welcomed him with jubilation and proclaimed him king. This is utter nonsense. Kings were not elected by “popular acclaim” in the Kingdom of Jerusalem. The High Court, composed of the most important barons and bishops of the realm, did. The Lyon Continuation of William of Tyre, which is based in large part on a lost chronicle written in Outremer (rather than the West), explicitly states that “on the advice of the barons of the Kingdom of Jerusalem,” Richard nominated his nephew Henri de Champagne as the next king. 




We can only speculate on the exact course of events by trying to reconcile the two divergent but parallel accounts. First, it is obvious that the barons of Jerusalem were in an extremely difficult situation. They refused to follow Guy de Lusignan, Richard of England was preparing to depart, and their chosen king was dead. The queen through whom the crown was derived, however, was still alive, albeit a pregnant widow. Thus it was imperative to marry her to nobleman capable of defending the kingdom in its perilous state. Looking around for a suitable candidate, the eyes of those barons who had traveled to Tyre with the news of Conrad’s election would have fallen on Henri de Champagne. There is no way of knowing if they would have chosen someone else if he had not been so conveniently on the scene, but as the nephew to the kings of England and France he was certainly a diplomatic choice. He had also been campaigning in Holy Land for more than 18 months at this point; apparently he had won sufficient respect, despite his youth, to appear a viable candidate from a military point of view as well.


Either the barons took their suggestion first to Richard of England, or (as the Itinerarium Peregrinorum et Gesta Regis Ricardi suggests) they approached Henri directly and he deferred to his uncle. Either way, medieval chronicles agree that Henri de Champagne was initially reluctant to accept the crown. It had clearly come to him completely unexpectedly, and acceptance meant he would not be able to return to his home. The Kingdom itself existed more in people’s hearts and minds than in reality. It was threatened on all sides by the armies of Saladin. The crusading force that had managed to regain the coastline was already disintegrating (the French refused to take orders from the King of England and the King of England had already announced his intention to return home.) Worst of all, however, the throne of Jerusalem came with a serious catch: Henri could only become King of Jerusalem if he married Queen Isabella, Conrad’s widow. What was more: she was already pregnant by Conrad; if she bore a son, Henri would eventually have to surrender his crown to Conrad’s posthumous son rather than see his own offspring on the throne. It did not sound like a very good proposition to the young Count of Champagne.
 

According to the chronicles, one of two things changed Henri’s mind. According to the Lyon Continuation of William of Tyre, Richard Plantagenet promised to return with a new crusading army and restore the Kingdom of Jerusalem to its former glory as well as conquer Constantinople (hindsight after the Fourth Crusade???) and give Cyprus to Henri too (some Richard had already given to Guy de Lusignan). According to the Itinerarium, on the other hand, Isabella of Jerusalem paid a visit to Henri and persuaded him to marry her by her grace and beauty. Perhaps there is a grain of truth in both accounts (Richard promised to return and Isabella convinced Henri that being married to her would not be all bad). In any case, Henri married Isabella eight days after she had been so unexpectedly widowed, on May 5, 1192.





With and by his marriage, Henry of Champagne became titular King of Jerusalem.  Henry's reign is the subject of a separate entry which will be posted on December 30.

Henry de Champagne is a significant character in “Envoy of Jerusalem,” where his relationship to Isabella is developed and examined.




Friday, May 27, 2016

The Ideal Feudal State: Jerusalem




Feudalism was a system of government based on interdependency between a monarch and his subjects. In contrast to absolute monarchy based on the “divine right of kings,” feudalism rejected centralism and authoritarian rule. Instead, evolving in an age when the speed of communication was restricted by the speed of a horse or sailing ship, and literacy was restricted to the elite, it was a highly decentralized system. Feudalism depended on local elites administering justice and raising taxes, protecting borders and fostering economic growth. It was a system that consciously devolved power downwards rather than concentrating it in distant, difficult to reach capitals.  It also recognized the value of collective decision-making and checks on royal power. Obviously, this is not the same thing as “democracy” (in any of its forms), but it was far less arbitrary and more legalistic than many people today realize.

Historians have argued that the Kingdom of Jerusalem, created not organically over the centuries but consciously by men from already developed feudal states, was the “perfect” or ideal feudal state. (See, for example, John La Monte’s Feudal Monarchy in the Latin Kingdom of Jerusalem 1100 to 1291, Cambridge, 1932.) The Kingdom of Jerusalem also presents us with an exceptional case study in feudalism because a number of legal treatises cataloguing and analyzing the laws of Jerusalem were produced by first rate legal scholars in the 13th century and have survived to this day — the so called Assises of Jerusalem.

As English history demonstrates — from the baronial revolt against King John (that gave us Magna Charta) to Simon de Montfort’s Oxford Provisions and the English Civil War itself, curbing the power of kings was a difficult, dangerous and often divisive task. The High Court of Jerusalem is, therefore, particularly remarkable as an example of an effective feudal check on royal power because it ensured the integrity of the kingdom with only one instance of civil war. Notably, the Rule of Law (as represented by the High Court) won against the despotism (in the form of the Holy Roman Emperor Friedrich II). 


The High Court of Jerusalem combined in itself judicial, legislative and executive functions. As La Monte words it: “Its word was law, or rather its interpretation of the existing body of custom made law, and the king who endeavored to act without the advice of, or contrary to the decision of, his High Court found himself confronted with a legalized rebellion on the part of his subjects.” In Jerusalem, the elected king (see The Elected Kingship) remained “first among equals” vis-à-vis his barons and bishops rather than a sovereign.

The High Court was composed of all the vassals or tenants-in-chief of the king. The ecclesiastical lords held seats by virtue of their land holdings rather than their spiritual positions. It met in no set place (such as Parliament did in London), but rather could be convened in any place within the kingdom. As long as Jerusalem was Frankish, it met most frequently there, according to some in the Tower of David. After the loss of Jerusalem, it most commonly convened in Acre. 

Tower of David in the Citadel of Jerusalem
Strikingly, the King’s presence was not essential for a meeting of the High Court. The king could designate a representative, but the Court could also meet in the absence of the King—as it did after the death of each king in order to elect the next. Also notable is the fact that outsiders, including King Richard I of England and King Louis IX of France, might be invited to attend and speak at sessions of the High Court. They might, by virtue of their prestige, even “preside” over the session. Yet they did not have a vote — albeit, one presumes, such respected and charismatic men must have wielded considerable influence over those who did vote!

The duties of the High Court were first and foremost the election of the ruler, and during minorities or when the monarch was otherwise incapacitated by illness or capture, the appointment of regents (baillies) of Jerusalem. The preference was always for a close blood relation of the previous monarch, but from the beginning this did not entail applying the rules of primogeniture strictly and at almost all elections there were multiple claimants from the royal family contending for the honor. In cases where a woman was the closest relative of the reigning king, the High Court chose her husband for her to thereby elect the king indirectly.


The High Court made domestic policy technically not by passing laws but by “interpreting” the “customs” of the kingdom as recorded by the “wise men” who had advised Godfrey de Bouillon. Effectively, however, the High Court established the law in all matters, including — interestingly — ecclesiastical issues, but most importantly with revenue collection (taxation, customs duties, etc.), military obligations, and inheritance law. In fact, no fief could change hands (except to the hereditary heir based on primogeniture) without the approval of the court (i.e. gifts and sales of land needed High Court approval). The High Court also made foreign policy by concluding or rejecting treaties.

In practice, law evolved out of the adjudication of disputes in which the High Court ruled based on its interpretation of “customs,” and then recorded the decision and the reasoning behind as a reference for future cases. This is “case law” in its purest form.
The decisions of the High Court were binding on everyone, including the king/queen, and could only be rescinded by the High Court itself.

As a judicial body, the fundamental principle was that all members of the court were equals (peers), and trial by one’s peers was the sacrosanct foundation of law in Outremer — with important consequences for Muslim, Jewish and Orthodox Christians, who were thereby also accorded trial by their peers rather than the alien Frankish elite. Even the Italian communes had their own courts. But for the Frankish, land-holding elite, the High Court was the only court authorized to adjudicate disputes involving everything from charges of murder, rape, and assault to wardship, debt, sale of land or horses (!), default of service, inheritance, and — of course — High Treason.  


In at least three recorded incidents, the High Court of Jerusalem effectively opposed an attempt by the ruling king to dispossess one of their members. In 1193, Henri de Champagne, consort of Isabella I of Jerusalem, accused Aimery de Lusignan of abetting his brother Guy (the deposed King of Jerusalem) in a plot to over throw him. He arrested Aimery, but was forced to release him by the High Court of Jerusalem. Aimery was persuaded (one presumes by the High Court) to resign his post as Constable of Jerusalem and join his brother on Cyprus. Notably, just five years later, the High Court would elect Aimery their king by selecting him as Queen Isabella’s last husband after the tragic death of Henri de Champagne.

As king, however, Aimery made the same mistake as his predecessor: he disposed Ralph of Tiberius on charges of treason, only to run into the refusal of the High Court to accept his judgement. In fact, the Lord of Beirut (John d’Ibelin, eldest son of Balian d’Ibelin) refused feudal service and was joined by other barons in an act of passive rebellion until Ralph was restored to his fief.

The most dramatic instance in which the High Court effectively opposed the despotism of a monarch was, however, in the baronial revolt against the Holy Roman Emperor Friedrich II led by John d'Ibelin — but that is material for another entry.

The High Court plays a role in my biographical novel about Balian d’Ibelin, particularly in books II and III:


 Buy now!                                       Buy now!                                   Buy now (paperback)
                                                                                                                or Kindle!

Friday, September 4, 2015

Jerusalem on the Brink: The Constitutional Crisis of 1183




In the summer of 1183, the health of King Baldwin IV of Jerusalem took a dramatic turn for the worse.  The King had long been suffering from leprosy, contracted when he was still a child, but the chancellor of the kingdom and chronicler William Archbishop of Tyre reported that by the summer of King Baldwin “had lost his sight and the extremities of his body became completely diseased and damaged, so that he was unable to use his hands and feet.” This is in sharp contrast to Baldwin’s ability to lead his armies on horseback in 1177 and 1179.

The deterioration of the king’s health coincided with a major victory by Saladin, the Sultan of Egypt and Damascus. On June 12, Saladin took possession of the strategic city of Aleppo that had for nearly a decade defied Saladin, refusing to recognize him as the heir to Nur ad-Din. With the surrender of Aleppo, resistance by other fortresses and towns in northwestern Syria also collapsed. Saladin had eliminated a powerful rival and greatly expanded his own empire. Saladin used that new strength to turn again against the thorn in his side: the Christian Kingdom of Jerusalem, which he had vowed to destroy.

King Baldwin, despite his deteriorating health, summoned the feudal host and roughly 1,300 cavalry and 15,000 infantry mustered at the springs of Suffuriya (Sephoria), while the King, attended by his mother and the Patriarch of Jerusalem, moved to nearby Nazareth. Here the King was taken by fever and his death appeared imminent. The High Court, most of whom had already mustered with the feudal host, hastened to the King’s bedside. Baldwin IV named his sister Sibylla’s husband Guy de Lusignan regent while retaining for himself (for as long as he should live) the title of King, the city of Jerusalem and an annual income of 10,000 pieces of gold. The arrangement suggests that Baldwin was not so sure he was on death’s door, but was feeling too ill to bear the burden of ruling — particularly of leading the army. The arrangement, therefore, was essentially about allowing the King to retire from public life and die in peace. Notably, however, the King first required Guy de Lusignan to swear he would not try to seize the throne while Baldwin yet lived — a clear indication that Baldwin was highly suspicious of Guy de Lusignan and his motives already.

Guy swore as requested and became both regent and commander-in-chief of the army. By September 17, the size of the Saracen muster so alarmed the Christian leadership that appeals for reinforcements were sent out to the coastal cities, and on September 29 the Sultan crossed the River Jordan with a large host to lay siege to the city of Bethsan. In one early skirmish, Humphrey de Toron was bested by the Saracens, and in a second at the Springs of La Tubanie, “the brothers Ibelin” reinforced the Constable, Guy’s able elder brother Aimery, and chased the Saracens away to retain control of the vital source of water. And then — nothing. Despite raiding in the surrounding countryside, Saladin singularly failed to provoke the Christians into fighting on his terms and vice-versa. By October 14, Saladin’s supplies were running low and he withdrew. After a few cautious days, the Christians likewise demobilized.

That is what we know for sure, but based on what happened next it is probably only half the story. Shortly afterwards word reached Jerusalem that the strategically pivotal castle of Kerak was under siege with half the ladies of Jerusalem trapped inside (they had collected for a wedding). Clearly, the feudal army needed to muster again and go to the relief of Kerak — but the Barons of Jerusalem unanimously refused to go to the rescue of their ladies until Guy de Lusignan was dismissed as regent. 

Clearly Guy de Lusignan had done something between September 17 and October 22 that alienated the entire High Court of Jerusalem. The same men who had accepted Lusignan and followed him in September now flatly refused. Apologists for Lusignan that attribute mere “jealously” to all the other barons fail to recognize that these barons had followed Guy in September and would again — tragically — follow him to catastrophe at Hattin. These weren’t inherently rebellious men. They recognized the need to fight together and throughout Baldwin IV’s reign they repeatedly overcame their internal rivalries to face the common enemy. That they at this critical juncture flatly refused Lusignan’s leadership suggests that something had happened — unrecorded as it is — that made them collectively determined to rid themselves of Guy’s leadership. The disaster at Hattin proved the High Court of Jerusalem tragically correct in their assessment of Guy, but that is getting ahead of the story.

In November 1183, King Baldwin IV was facing a peaceful but near unanimous (Oultrejourdain, Toron and Edessa were trapped in Kerak with the ladies) revolt by the barons of Jerusalem against the man he had appointed regent. Baldwin’s immediate response was to dismiss Guy de Lusignan and take the reins of government back into his own hands, but this solution was clearly not satisfactory. Baldwin had recovered from the fever that had appeared to threaten his life in August/September, but he was still slowly dying of leprosy. He knew he could not live much longer, but he also recognized that he could not leave Guy de Lusignan as his heir. He had to find an alternative to Lusignan.

The solution Baldwin IV found was to not only designate his nephew and namesake, Sibylla’s son by her first husband, his heir but to crown the boy king immediately. By crowning his nephew king in his own life-time, he was attempting to avert a crisis at his death. There would be no risk of factional fighting at his death, if a king (his nephew) was already crowned an anointed.

On November 20, 1183, Baldwin’s six-year-old nephew was crowned and anointed in the Church of the Holy Sepulcher. Only after that, did the barons muster their feudal levies and follow King Baldwin IV, commanding from a litter, to the relief of Kerak. The siege was successfully lifted without bloodshed — and Baldwin IV spent the rest of his reign trying to annul his sister’s marriage to Lusignan.



This constitutional crisis is described in:


A divided kingdom,
                             

              a united enemy,
                                             

                            and the struggle for                    

                                                          Jerusalem!