Courts of All Kinds: The Legal System in the Crusader Kingdoms

Arguably the most fundamental function of any state is the administration of justice. It is when a government fails to deliver justice that it loses its legitimacy, and either becomes tyrannical or starts to disintegrate into anarchy. This is what makes the study of legal systems so essential to the understanding and assessment of the legitimacy and efficacy of any government. The legal system in the Kingdom of Jerusalem is no exception.

Fundamental to an effective system of justice is that the participants accept and recognize the legitimacy of the legal authorities. This is notoriously difficult when the administrators of justice speak a different language, have a different faith, or follow different legal traditions from the subjects of the legal system. As a result, the imposition of law by an invading force is inherently challenging, and wise conquerors have generally been cautious about replacing local law and custom with their own system.

The Kingdom of Jerusalem faced a particularly daunting challenge, because from its inception the Kingdom of Jerusalem was a multi-ethnic, multi-lingual and religiously diverse state.  Quite aside from the new comers from Western Europe, the native population of the Holy Land was already polyglot and non-homogeneous when the men of the First Crusade arrived. There were, for example, still Jews living in the Holy Land, although their numbers were comparatively small, a large portion of the native population had converted to Islam at some point in the more than four hundred years since the first Arab invasion. However, often forgotten by modern commentators, the majority of the population was composed of Orthodox Christians. These, in turn were composed not only of Syrian Orthodox Christians (both Maronite and Jacobite), but also Greek, Armenian, Coptic and even Ethiopian Orthodox communities.  

The rulers of the crusader states responded intelligently to the challenge confronting them by allowing a network of partially over-lapping local courts (in the vernacular) to continue, while adding two additional courts for the newcomers, the High Court (see separate entry) and the Low Court.  They then followed the overriding principle of judgement by one’s peers, supplemented by two corollary principles: that in disputes between individuals from different strata of society, the case should be tried before the peers of the weaker (lower) person, and in cases between individuals from different ethnic groups of the same strata, the case should be brought before the peers of the defendant. 

The practical outcome of this theoretical approach is that in all matters of family and religious law, the residents of the crusader states sought resolution from the religious authorities of their respective religion whether Islam, Judaism, one of the many forms of Orthodoxy, or before Latin Christian (Catholic) ecclesiastical courts. In rural areas, furthermore, civil and criminal cases not involving a Frank were tried before local/native judges in accordance with the laws and customs predating the First Crusade.

In urban areas, however, the intermingling of peoples was too great to allow such a simple rule, and the Cour de la Fond evolved for the resolution of commercial cases and the Cour de la Chaine evolved for the resolution of maritime disputes. In each, a representative of the lord presided over the court as “bailli,” but did not rule on a case. Rather, the case was tried by six jurors drawn from the same class of the parties to the dispute. So, for example, in the Cour de la Chaine, the jurors had to be sailors or merchants. Of these, two were Franks and four natives, a ratio that clearly favored the Franks on a national scale, but may have roughly reflected the composition of urban populations because a large portion of new immigrants were city dwellers, and, correspondingly, a larger portion of the rural population was native.

However, there was an exception to the jurisdiction of these court, which again recognized the diversity of the population: the independent “communes” or urban colonies of the Italian city states were granted the right rule on cases involving their own members in accordance to their own laws and before their own courts. Thus two Venetians would be tried by the laws of Venice, and Pisans by the laws of Pisa etc. Disputes between members of different communes, however, would be tried in the courts of the defendant.

During the first century of the crusader states, however, the communes were a comparatively small minority and the bulk of the Frankish population was drawn from all across Western Europe from Norway to Sicily. These residents of the crusader states were Westerners, whose common language was Latin/French, and making them subject to the local Syrian courts would have been illogical and unacceptable.  Instead, a new court, the Cour des Bourgeois, or Low Court, was created to address criminal and civil cases involving non-noble Franks that did not fall within the jurisdiction of the commercial or maritime courts. Although often translated into English as the Lower Court, the Cour de Bourgeois was the only court for disputes involving burghers or bourgeois residents. The High Court was not an appellate court; it was the court for disputes between members of the First Estate or feudal elite, i.e. knights, nobles, and vassals of the king.  

In the Cour de Bourgeois cases were tried before a “viscount” appointed by the local lord (e.g. the King in royal domains, the Prince of Galilee in Galilee, the Count of Jaffa in Jaffa and Ascalon, the Lord of Oultrejourdain, Ibelin, Sidon etc. in their respective baronies), and twelve jurors. The viscount like the baillis of the other courts did not have a say in the verdict or sentence but was charged with ensuring due process, maintaining order in the courtroom, and enforcing the sentences pronounced by the jurors.

Interestingly, the various Cour de Bourgeois met more regularly than the High Court, presumably because they had more business to conduct given the larger numbers of burgers compared to nobles. Another striking feature of these courts was the right of the litigants to request “counsel” from the court. If requested (and it was highly recommended by the medieval commentators!), the court appointed one of the jurors, who thereafter did not sit in judgement of the case but became an advocate, much like a court-appointed lawyer today. Furthermore, although there was not yet a profession known as “lawyers,” men who gained a reputation for understanding the law were revered and repeatedly appointed either as jurors or counsellors. The names of some have come down to us, such as John d’Ibelin, and Philip of Novare, because they were also legal scholars, who wrote legal tracts about the laws they were interpreting. There was, however, no such thing as the “prosecution.” The state as such had not yet assumed the role of pursuing justice and punishing crime for itself. Instead, someone had to bring a case to trial by accusing another person of a violation of the law. 

Somewhat alienating to modern sensibilities, trial by combat or some other form of “test” (fire or water) were the preferred means of determining guilt and innocence. But this was normal in this period and accepted by litigant and defendant alike. 

Dr. Helena P. Schrader holds a PhD in History.

She is the Chief Editor of the Real Crusades History Blog.

She is an award-winning novelist and author of numerous books both fiction and non-fiction. Her three-part biography of Balian d'Ibelin won a total of 14 literary accolades. Her most recent release is a novel about the founding of the crusader Kingdom of Cyprus. You can find out more at: http://crusaderkingdoms.com

Her award-winning novels set in the crusader states attempt to reconstruct society accurately including an accurate portrayal of the legal system.

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Women in the Kingdom of Jerusalem

The crusader states, established at the beginning of the 12 century, rapidly developed unique political institutions and their own legal traditions. One of the most interesting ways in which they set themselves apart from contemporary societies was the prominent role played by women.  In the surrounding Muslim world, of course, women had neither names nor faces, much less a voice, in public. In the Byzantine Empire, on the other hand, while women enjoyed considerable freedom, wealth, education and influence, they did not directly hold power.  Western Europe the 12^th century saw several very powerful female rulers, notably the Empress Matilda and Eleanor of Aquitaine, yet the crusader kingdoms stand out because the high status of women in the Holy Land was more comprehensive and institutionalized than in either the Eastern Empire or the Western Europe.

This high status probably evolved out of the repeated failure of the ruling dynasties to produce male heirs.  A look at the succession in the Kingdom of Jerusalem illustrates this well. When Baldwin II died in 1131, he was succeeded by his daughter, Melisende, who ruled jointly with her husband Fulk of Anjou (grandfather by his first marriage of Henry II of England). When Fulk died in 1143, Melisende remained Queen of Jerusalem, and ruled jointly with her eldest son, Baldwin III.  Although her son eventually side-lined her, it was only after a struggle in which several powerful barons and most of the clergy sided with the Queen. 

At Baldwin III’s death in 1163, his heir was his brother Amalric I, but Amalric’s heir was the ill-fated Baldwin IV, the Leper King, who had no children, making his sisters (and through them, their children and/or husbands) his heirs. As fate would have it, in the century between the death of Baldwin II and the ascension of Friedrich II as consort of a Queen of Jerusalem in 1225, the crown of Jerusalem passed through the female line no less than ten times! Furthermore, the situation in the crusader states and baronies was similar, if not quite so dramatic; that is, the title to baronies repeatedly passed through heiress rather than heirs. This fact alone would have raised the importance of women, but it is significant that these queens (and countesses and ladies) were not passive vessels.

Melisende was Queen in her own right, commanded loyalty and support among her vassals and forced both her husband and later her son to take her political wishes into account.  Sibylla forced upon the kingdom a man patently unsuitable for the kingship and soon detested by her brother, the reigning King, and the majority of the barons.  When her son Baldwin V died, Sibylla – not Guy – was crowned by the patriarch, but she placed the crown on Guy’s head as her consort.  Furthermore, Guy’s vassals viewed their oaths to him absolved the moment Sibylla died – despite Richard of England’s determined support for Guy.  

In the end, even the Lionheart gave up and recognized that without Sibylla, Guy could not be King of Jerusalem. The crown passed to Sibylla’s sister, Isabella. Isabella conferred the crown on three men in succession, Conrad de Montferrat, Henri de Champagne and finally Aimery de Lusignan. Notably, Henri de Champagne, a nephew of both Philip II of France and Richard I of England (his mother was a daughter of Eleanor of Aquitaine by Louis VII), never even called himself King of Jerusalem; he remained Count of Champagne, while Isabella was Queen of Jerusalem. Her daughter’s husband, John of Brienne, also lost his title of King of Jerusalem at his wife’s death, although he acted as regent for his infant daughter until she wed Friedrich II.

The dynastic importance of women was both cause and effect of a uniquely high status for women in the crusader kingdoms that took many other forms. Not only did women act as regents and receive homage from vassals, they enjoyed a freedom of movement and opinion that scandalized the Muslim – and sometimes the Christian – world.  Amalric I’s wife Agnes de Courtney is sometimes accused of being set aside because of her immorality, certainly she was accused of having affairs with a prelate of the church (later the Patriarch of Jerusalem, Heraclius) and with Aimery de Lusignan. Her daughter Sibylla is alleged to have had an affair with Baldwin d’Ibelin before taking Guy de Lusignan to her bed. Certainly a contemporary claimed that Baldwin IV wanted to hang Guy for “debauching” a princess of Jerusalem, but was then persuaded to let his sister marry her lover.  It was behavior such as this that led many in the West to believe Jerusalem had been lost in 1187 because of God’s wrath with the immorality of the Christian rulers.

Yet while the antics of the royal women may indeed have deserved censure, the higher status of women generally meant that widows in the crusader kingdoms exercised far more control over their property and their lives. SIbylla is the most prominent example, but she was not alone in choosing her second husband. Constance of Antioch chose Reynald de Chatillon, and Maria Comnena chose Balian d’Ibelin, just to name two other prominent examples. In short, young girls were married often at very tender ages to boys or men of their parents’ choosing, but widows had the power, property and right to choose their own husbands – and did.

The higher status of women also impacted their daily lives. Upper class women were literate as they could not have otherwise conducted their affairs, and they owned books. Some accounts stress that they rode astride for greater safety in an always precarious environment, something that gave them greater mobility. They did not have to go veiled in public, although women almost certainly covered their faces from the ravaging effects of the summer sun when out of doors.  But perhaps most important, they were entitled to their opinions, free to voice them and often heeded by their male contemporaries.

Compared to their faceless and voiceless sisters in the Muslim world, this was undoubtedly the greatest privilege of all.

Read more about powerful women in the crusader states at: http://defenderofjerusalem.com