The Haute Cour ({{langx, en, High Court) was the

feudal Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in Middle Ages, medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of struc ...

council A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...

of the

Kingdom of Jerusalem The Kingdom of Jerusalem, also known as the Crusader Kingdom, was one of the Crusader states established in the Levant immediately after the First Crusade. It lasted for almost two hundred years, from the accession of Godfrey of Bouillon in 1 ...

. 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 A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers ...

and

judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

powers. It had its basis in

medieval In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of World history (field), global history. It began with the fall of the West ...

parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

arian ideals: a

sovereign ''Sovereign'' is a title that can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin">-4; we might wonder whether there's a point at which it's appropriate to ...

desired the consent of his subjects in certain matters, such as

taxation A tax is a mandatory financial charge or levy imposed on an individual or legal person, legal entity by a governmental organization to support government spending and public expenditures collectively or to Pigouvian tax, regulate and reduce nega ...

and obligations to conduct

military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a d ...

service. The court developed gradually during the early 12th century CE, along with the kingdom itself, in the aftermath of the

First Crusade The First Crusade (1096–1099) was the first of a series of religious wars, or Crusades, initiated, supported and at times directed by the Latin Church in the Middle Ages. The objective was the recovery of the Holy Land from Muslim conquest ...

. Technically all vassals of the king which were subject to its decisions had the right to sit and vote, but in practice only the more wealthy

noble A noble is a member of the nobility. Noble may also refer to: Places Antarctica * Noble Glacier, King George Island * Noble Nunatak, Marie Byrd Land * Noble Peak, Wiencke Island * Noble Rocks, Graham Land Australia * Noble Island, Gr ...

s did so; certain nobles attended regularly and tended to serve as presiding

judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...

s when necessary. This developed into a system of higher nobles (direct vassals of the

king King is a royal title given to a male monarch. A king is an Absolute monarchy, absolute monarch if he holds unrestricted Government, governmental power or exercises full sovereignty over a nation. Conversely, he is a Constitutional monarchy, ...

) 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 (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an insta ...

or had broken an

oath Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths ...

(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 A quorum is the minimum number of members of a group necessary to constitute the group at a meeting. In a deliberative assembly (a body that uses parliamentary procedure, such as a legislature), a quorum is necessary to conduct the business of ...

. The court could meet wherever necessary, not solely in

Jerusalem Jerusalem is a city in the Southern Levant, on a plateau in the Judaean Mountains between the Mediterranean Sea, Mediterranean and the Dead Sea. It is one of the List of oldest continuously inhabited cities, oldest cities in the world, and ...

. After around 1120 the court also included

bishop A bishop is an ordained member of the clergy who is entrusted with a position of Episcopal polity, authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance and administration of di ...

s, and according to tradition new crusaders were entitled to sit and vote; the first time this occurred was the

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 Secon ...

on 24 June 1148 during the

Second Crusade The Second Crusade (1147–1149) was the second major crusade launched from Europe. The Second Crusade was started in response to the fall of the County of Edessa in 1144 to the forces of Zengi. The county had been founded during the First Crus ...

, when the fatal decision to attack Damascus 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

trial by combat Trial by combat (also wager of battle, trial by battle or judicial duel) was a method of Germanic law to settle accusations in the absence of witnesses or a confession in which two parties in dispute fought in single combat; the winner of the ...

and defeating them (but this was of course impractical and was never done). The court was also responsible for

minting Minting is a village and civil parish in the East Lindsey district of Lincolnshire, England. The village is situated south from the A158 road The A158 road is a major route that heads from Lincoln, Lincolnshire, Lincoln in the west to Ske ...

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 is a Latin phrase meaning first among equals. It is typically used as an honorary title for someone who is formally equal to other members of their group but is accorded unofficial respect, traditionally owing to their seniority in office. H ...

" 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 The word ''seneschal'' () can have several different meanings, all of which reflect certain types of supervising or administering in a historic context. Most commonly, a seneschal was a senior position filled by a court appointment within a royal, ...

Factions within the court

There tended to be two factions within the court, a so-called "court party," consisting of the royal family, the

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

, 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 co-reign of Melisende and her son Baldwin III, when Melisende refused to give up the crown after Baldwin came of age. Baldwin eventually gained the support of the nobility and was recognized as sole king. A second major dispute arose during the regency of

Raymond III of Tripoli Raymond III (1140 – September/October 1187) was count of Tripoli from 1152 to 1187. He was a minor when Nizari Assassins murdered his father, Count Raymond II of Tripoli. His cousin, King Baldwin III of Jerusalem, who was staying ...

for the child-king

Baldwin V Baldwin V (1177 or 11781186) was the king of Jerusalem who reigned together with his uncle Baldwin IV from 1183 to 1185 and, after his uncle's death, as the sole king from 1185 to his own death in 1186. Baldwin IV's leprosy meant that he could ...

, when the relative newcomer

Guy of Lusignan Guy of Lusignan ( 1150 – 18 July 1194) was King of Jerusalem, first as husband and co-ruler of Queen Sibylla from 1186 to 1190 then as disputed ruler from 1190 to 1192. He was also Lord of Cyprus from 1192 to 1194. A French Poitevin kni ...

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 I Amalric (; 113611 July 1174), formerly known in historiography as , was the king of Jerusalem from 1163 until his death. He was, in the opinion of his Muslim adversaries, the bravest and cleverest of the crusader kings. Amalric was the younger ...

's '' Assise sur la ligece''. 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 The Holy Roman Emperor, originally and officially the Emperor of the Romans (disambiguation), Emperor of the Romans (; ) during the Middle Ages, and also known as the Roman-German Emperor since the early modern period (; ), was the ruler and h ...

Frederick II opposed the authority of the court while he was staying in Acre during the

Fifth Crusade The Fifth Crusade (September 1217 - August 29, 1221) was a campaign in a series of Crusades by Western Europeans to reacquire Jerusalem and the rest of the Holy Land by first conquering Egypt, ruled by the powerful Ayyubid sultanate, led by al- ...

, 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 The Kingdom of Cyprus (; ) was a medieval kingdom of the Crusader states that existed between 1192 and 1489. Initially ruled as an independent Christian kingdom, it was established by the French House of Lusignan after the Third Crusade. I ...

adopted basically the same structure.

Significance

Most of our information on the court comes from John of Ibelin'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 (; ; ; ; 1060 – 18 July 1100) was a preeminent leader of the First Crusade, and the first ruler of the Kingdom of Jerusalem from 1099 to 1100. Although initially reluctant to take the title of king, he agreed to rule as pri ...

, 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, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...

England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...

, the kingdom was not developing into a centralized

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 In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...

, 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 The Crusades were a series of religious wars initiated, supported, and at times directed by the Papacy during the Middle Ages. The most prominent of these were the campaigns to the Holy Land aimed at reclaiming Jerusalem and its surrounding t ...

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 Prawer Joshua Prawer (; November 22, 1917 – April 30, 1990) was a notable Israelis, 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 Colon ...

, ''The Crusaders' Kingdom: European Colonialism in the Middle Ages''. London: 1972. Feudalism in the Kingdom of Jerusalem Defunct courts