The Council of Nablus was a council of ecclesiastic and secular lords in the

crusade The Crusades were a series of religious wars initiated, supported, and sometimes directed by the Latin Church in the medieval period. The best known of these Crusades are those to the Holy Land in the period between 1095 and 1291 that were ...

Kingdom of Jerusalem The Kingdom of Jerusalem ( la, Regnum Hierosolymitanum; fro, Roiaume de Jherusalem), officially known as the Latin Kingdom of Jerusalem or the Frankish Kingdom of Palestine,Example (title of works): was a Crusader state that was establish ...

, held on January 16, 1120.

History

The council was convened at

Nablus Nablus ( ; ar, نابلس, Nābulus ; he, שכם, Šəḵem, ISO 259-3: ; Samaritan Hebrew: , romanized: ; el, Νεάπολις, Νeápolis) is a Palestinian city in the West Bank, located approximately north of Jerusalem, with a populati ...

by Warmund, Patriarch of Jerusalem, and King

Baldwin II of Jerusalem Baldwin II, also known as Baldwin of Bourcq or Bourg (; – 21August 1131), was Count of Edessa from 1100 to 1118, and King of Jerusalem from 1118 until his death. He accompanied his cousins Godfrey of Bouillon and Baldwin of Boulogne to th ...

. It established twenty-five canons dealing with both religious and secular affairs. It was not quite a church council, but not quite a meeting of the royal court; according to Hans Mayer, due to the religious nature of many of the canons, it can be considered both a ''

parlement A ''parlement'' (), under the French Ancien Régime, was a provincial appellate court of the Kingdom of France. In 1789, France had 13 parlements, the oldest and most important of which was the Parlement of Paris. While both the modern Fr ...

'' and an ecclesiastical

synod A synod () is a council of a Christian denomination, usually convened to decide an issue of doctrine, administration or application. The word '' synod'' comes from the meaning "assembly" or "meeting" and is analogous with the Latin word mean ...

. The resulting agreement between the patriarch and the king was a concordat, similar to the

Concordat of Worms The Concordat of Worms(; ) was an agreement between the Catholic Church and the Holy Roman Empire which regulated the procedure for the appointment of bishops and abbots in the Empire. Signed on 23 September 1122 in the German city of Worms by ...

two years later. The council established the first written laws for the kingdom. It was probably also where

Hugues de Payens Hugues de Payens or Payns (9 February 1070 – 24 May 1136) was the co-founder and first Grand Master of the Knights Templar. In association with Bernard of Clairvaux, he created the ''Latin Rule'', the code of behavior for the Order. Name ...

obtained permission from King

and Warmund, Patriarch of Jerusalem to found the

Knights Templar , colors = White mantle with a red cross , colors_label = Attire , march = , mascot = Two knights riding a single horse , equipment ...

. The council was not mentioned in the chronicle of Fulcher of Chartres, who served in the retinue of Baldwin II and must have been present. This is probably because the nature of the canons, dealing as they do with the crimes and sins of the Latin population, contradicted Fulcher's portrayal of the Kingdom as a Christian utopia. William of Tyre, writing about sixty years later, included a detailed account of the proceedings, but neglected to record any of the canons themselves, which he felt were well-known and could be found in any local church; however, he also probably wanted to avoid the implication that the early Kingdom was not as heroic as his generation remembered it. Although the canons may have been well known in William's time, only one copy, located in a church in

Sidon Sidon ( ; he, צִידוֹן, ''Ṣīḏōn'') known locally as Sayda or Saida ( ar, صيدا ''Ṣaydā''), is the third-largest city in Lebanon. It is located in the South Governorate, of which it is the capital, on the Mediterranean coast. ...

, seemed to survive the Muslim reconquest of the Kingdom. This copy made its way to Europe where it was in the papal library at

Avignon Avignon (, ; ; oc, Avinhon, label= Provençal or , ; la, Avenio) is the prefecture of the Vaucluse department in the Provence-Alpes-Côte d'Azur region of Southeastern France. Located on the left bank of the river Rhône, the commune had ...

by 1330. It is now located in the

Vatican Library The Vatican Apostolic Library ( la, Bibliotheca Apostolica Vaticana, it, Biblioteca Apostolica Vaticana), more commonly known as the Vatican Library or informally as the Vat, is the library of the Holy See, located in Vatican City. Formally es ...

, MS Vat. Lat. 1345. A copy was edited in the ''Sacrorum Conciliorum nova et amplissima collectio'' of

Giovanni Domenico Mansi Gian (Giovanni) Domenico Mansi (16 February 1692 – 27 September 1769) was an Italian prelate, theologian, scholar and historian, known for his massive works on the Church councils. Biography He was born at Lucca, of a patrician family, and ...

in the 18th century, and more recently a new edition has been published by Benjamin Z. Kedar in '' Speculum'' (Vol. 74, 1999). Kedar argues that the canons are largely derived from the

Byzantine The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire primarily in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinopl ...

'' Ecloga'', promulgated by Leo III and Constantine V in 741. Kedar believes that the canons were put into practise in the 12th century, although Marwan Nader disagrees, since they were not included in the ''Livre des Assises de la Cour des Bourgeois'' and other

Assizes of Jerusalem The Assizes of Jerusalem are a collection of numerous medieval legal treatises written in Old French containing the law of the crusader Kingdom of Jerusalem and Kingdom of Cyprus. They were compiled in the thirteenth century, and are the largest ...

, which were written in the 13th century.

Content

The canons begin with the reasons for calling the council: Jerusalem had been plagued with

locusts Locusts (derived from the Vulgar Latin ''locusta'', meaning grasshopper) are various species of short-horned grasshoppers in the family Acrididae that have a swarming phase. These insects are usually solitary, but under certain circumstanc ...

and

mice A mouse ( : mice) is a small rodent. Characteristically, mice are known to have a pointed snout, small rounded ears, a body-length scaly tail, and a high breeding rate. The best known mouse species is the common house mouse (''Mus musculus'' ...

for the past four years, and the

Crusader states The Crusader States, also known as Outremer, were four Catholic realms in the Middle East that lasted from 1098 to 1291. These feudal polities were created by the Latin Catholic leaders of the First Crusade through conquest and political i ...

in general were suffering from repeated attacks from the Muslims. It was believed that the sins of the people needed to be corrected before Jerusalem could prosper. Canons 1-3 deal with

tithes A tithe (; from Old English: ''teogoþa'' "tenth") is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash or cheques or more ...

to the church. Canon 1 is a promise by

King Baldwin II Baldwin II, also known as Baldwin of Bourcq or Bourg (; – 21August 1131), was Count of Edessa from 1100 to 1118, and King of Jerusalem from 1118 until his death. He accompanied his cousins Godfrey of Bouillon and Baldwin of Boulogne to the ...

to surrender the appropriate

tithe A tithe (; from Old English: ''teogoþa'' "tenth") is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash or cheques or more ...

s to the Patriarch, namely those from his own royal estates in

Jerusalem Jerusalem (; he, יְרוּשָׁלַיִם ; ar, القُدس ) (combining the Biblical and common usage Arabic names); grc, Ἱερουσαλήμ/Ἰεροσόλυμα, Hierousalḗm/Hierosóluma; hy, Երուսաղեմ, Erusałēm. i ...

and

Acre The acre is a unit of land area used in the imperial and US customary systems. It is traditionally defined as the area of one chain by one furlong (66 by 660 feet), which is exactly equal to 10 square chains, of a square mile, 4,840 square ...

. In canon 2 Baldwin II seeks forgiveness for the tithes he had previously withheld, and Warmund absolves him of this sin in canon 3. This shows that the church was able to assert its rights in the Crusader Kingdom, a victory in the Investiture Conflict still raging in Europe.Mayer, pp. 537-541. Canons 4-7 deal with

adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...

. Canon 4 outlines punishments for a man who is suspected of committing adultery with the wife of another man; first, he is to be forbidden from visiting the woman, and if he visits her again, he is to come before the church and be subjected to the ordeal of hot iron to prove his innocence. If he is proven to have committed adultery, canon 5 decrees that "eviretur" - he should have his penis cut off - and then he should be exiled. The punishment for the adulterous woman is mutilation of the nose, a familiar Byzantine punishment, unless her husband takes pity on her, in which case they should both be exiled. Canon 6 deals with a similar situation for clerics: if a man suspects a cleric from visiting his wife, the cleric should firstly be forbidden from visiting her; a second offense should be pointed out to a church magistrate, and a third offense will result in the deordination of the cleric. He will then be subject to the same punishments described in canon 5. Canon 7 forbids a pimp or a prostitute from "corrupting a wife with words" and causing her to become an adulterer. The punishments in canon 5 apply here as well. Canons 8-11 establish punishments for

sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''s ...

, the first appearance of such punishments in medieval law. According to canon 8, an adult sodomite, "tam faciens quam paciens" (both the active and the passive parties), should be burned at the stake. If, however, the passive party is a child or an elderly person, canon 9 says that only the active party should be burned, and it will suffice that the passive party repent, as he is presumed to have sinned against his will. If the sodomy is against his will but he keeps it hidden for whatever reason, canon 10 says that he too will be judged as a sodomite. Canon 11 allows for a sodomite to repent and avoid punishment, but if he is found to have participated in sodomy a second time, he will be allowed to repent again but will be exiled from the kingdom. Canons 12-15 pertain to sexual relations with Muslims, an important question in the Kingdom, where Muslims far outnumbered their Latin overlords. Canon 12 states that a man who willingly has sexual relations with a Muslim woman should be castrated, and she should have her nose mutilated. If a man rapes his own female Muslim slave, according to canon 13 she should be confiscated by the state, and he should be castrated. If he rapes another man's female Muslim slave, canon 14 says that he should be subjected to the punishment for adulterers stated in canon 5, castration. Canon 15 deals with the same subject for Christian women - if a Christian woman willingly has sexual relations with a Muslim man, they should both be subjected to the punishment for adulterers, but if she was raped, then she will not be held accountable and the Muslim will be castrated. Canon 16 prohibits Muslims from dressing like Christians. This canon foreshadows the similar canon 68 of the

Fourth Lateran Council The Fourth Council of the Lateran or Lateran IV was convoked by Pope Innocent III in April 1213 and opened at the Lateran Palace in Rome on 11 November 1215. Due to the great length of time between the Council's convocation and meeting, many ...

almost one hundred years later in 1215, which would prohibit both Jews and Muslims from adopting Christian dress. Similar laws were promulgated in

Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...

, where Christians, Jews, and Muslims similarly intermingled. Canons 17-19 deal with

bigamy In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. ...

, another important subject, as many crusaders had abandoned their families in Europe. If a man takes a second wife, he should do penance until the first Sunday of

Lent Lent ( la, Quadragesima, 'Fortieth') is a solemn religious moveable feast#Lent, observance in the liturgical calendar commemorating the 40 days Jesus spent fasting in the desert and enduring Temptation of Jesus, temptation by Satan, according ...

, but if he hides his crime and is discovered, his property should be confiscated and he should be exiled. Canon 18 allows for bigamy to go unpunished if a man or woman unknowingly marries someone who is already married, as long as they can prove their ignorance. If a man has taken a second wife and wishes to divorce her, canon 19 states that he must prove that he is already married, either by the ordeal of hot iron, or by bringing witnesses to swear for him. Canons 20-21 deal with clerics. Canon 20 says a cleric should not be held guilty if he takes up arms in self-defense, but he cannot take up arms for any other reason nor can he act like a knight. This was an important concern for the Crusader states; clerics were generally forbidden from participating in warfare in European law, but the Crusaders needed all the manpower they could find, and only one year before,

Antioch Antioch on the Orontes (; grc-gre, Ἀντιόχεια ἡ ἐπὶ Ὀρόντου, ''Antiókheia hē epì Oróntou'', Learned ; also Syrian Antioch) grc-koi, Ἀντιόχεια ἡ ἐπὶ Ὀρόντου; or Ἀντιόχεια ἡ ἐπ� ...

had been defended by the

Patriarch The highest-ranking bishops in Eastern Orthodoxy, Oriental Orthodoxy, the Catholic Church (above major archbishop and primate), the Hussite Church, Church of the East, and some Independent Catholic Churches are termed patriarchs (and in c ...

following the

Battle of Ager Sanguinis In the Battle of ''Ager Sanguinis'', also known as the Battle of the Field of Blood, the Battle of Sarmada, or the Battle of Balat, Roger of Salerno's Crusader army of the Principality of Antioch was annihilated by the army of Ilghazi of Mardin ...

, one of the calamities referred to in the introduction to the canons. Canon 21 says that a

monk A monk (, from el, μοναχός, ''monachos'', "single, solitary" via Latin ) is a person who practices religious asceticism by monastic living, either alone or with any number of other monks. A monk may be a person who decides to dedic ...

canon regular Canons regular are priests who live in community under a rule ( and canon in greek) and are generally organised into religious orders, differing from both secular canons and other forms of religious life, such as clerics regular, designated by a ...

who apostatizes should either return to his order or go into exile. Canon 22 simply forbids false accusations. Canons 23-25 pertain to theft. Canon 23 says that anyone convicted of stealing property worth more than one bezant should have either a hand or foot cut off, or an eye removed. If the property was worth less than one bezant, he should be branded on the face and publicly whipped. The stolen goods should be returned, but if they are no longer in the thief's possession, the thief himself becomes the property of his victim. If the thief is caught stealing again, he should either have his other hand, foot, or eye removed, or he should be killed. If the thief was underage, canon 24 says he should be kept in custody and then sent to the royal court, but no further punishment is outlined. Canon 25 states that these punishments also do not apply to the barons, who should be subject only to the judgement of the royal court.

Signatories

Those who signed as witnesses to the canons were mostly ecclesiastics, with a few secular nobles: *

Warmund Warmund, in Latin ''Warmundus'' (died 1002×1011), was the bishop of Ivrea from about 966 until his death. Warmund is the namesake of the so-called "Warmund Sacramentary", an illustrated manuscript produced for him around the year 1000. Nothing is ...

, Patriarch of Jerusalem * Baldwin II,

King of Jerusalem The King of Jerusalem was the supreme ruler of the Kingdom of Jerusalem, a Crusader state founded in Jerusalem by the Latin Catholic leaders of the First Crusade, when the city was conquered in 1099. Godfrey of Bouillon, the first ruler of ...

* Ehremar, Archbishop of Caesarea *Bernard, Bishop of Nazareth *Ansquitinus, Bishop of Bethlehem *Roger, Bishop of Ramla *Guildoinus, abbot-elect of St. Mary of the Valley of Josaphat *Peter, abbot of Mount Tabor *Achardus, prior of the

Temple A temple (from the Latin ) is a building reserved for spiritual rituals and activities such as prayer and sacrifice. Religions which erect temples include Christianity (whose temples are typically called churches), Hinduism (whose temples ...

*Arnaldus, prior of Mount Sion *Girardus, prior of the

Holy Sepulchre The Church of the Holy Sepulchre, hy, Սուրբ Հարության տաճար, la, Ecclesia Sancti Sepulchri, am, የቅዱስ መቃብር ቤተክርስቲያን, he, כנסיית הקבר, ar, كنيسة القيامة is a church i ...

Pagan Paganism (from classical Latin ''pāgānus'' "rural", "rustic", later "civilian") is a term first used in the fourth century by early Christians for people in the Roman Empire who practiced polytheism, or ethnic religions other than Judaism. I ...

chancellor of Jerusalem Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...

* Eustace Grenier, Lord of Caesarea and Sidon, constable of Jerusalem * William de Buris * Barisan, constable of Jaffa * Baldwin, Lord of Ramla The signatories appear after the introduction, and before the list of canons begins.

References

Bibliography

*Mayer, Hans E. "Concordat of Nablus." Journal of Ecclesiastical History 33 (October 1982): 531-543. *Kedar, Benjamin Z. "On the Origins of the Earliest Laws of Frankish Jerusalem: The Canons of the Council of Nablus, 1120." Speculum 74 (1999): 310-335. *Nader, Marwan. ''Burgesses and Burgess Law in the Latin Kingdoms of Jerusalem and Cyprus (1099-1325)''. Ashgate, 2006. *Barber, Malcolm. ''The Trial of the Templars''. Cambridge University Press, 1978. *Selwood, Dominic, ‘Quidem autem dubitaverunt: The Saint, the Sinner, the Temple and a Possible Chronology,’ in Autour de la Première Croisade, M Balard (ed.), Publications de la Sorbonne, 1996, pp.221-30

External links