ich time the
lord may challenge her again.'
On the other hand, if the lord shall omit to make this demand, the lady
can serve a warning upon him, that he must, within three times fourteen
days, present her three eligible candidates for her choice in marriage,
and if he shall fail to do so, she can then choose for herself. If the
lord had failed, however, because he could not find the men who were
willing to run the risks of this candidacy, it is difficult to perceive
what additional inducements the lady's efforts could furnish.
So much for the law of the chivalry of the kingdom, I now pass to that
of the burghers.
The assizes of the burghers' court offer neither in matter nor in form
so complete a system as that already noticed. On the contrary, it is but
a motley and confused jumble, more like a collection of decisions in
concrete cases than a proper law book. They are, however, exceedingly
rich in interesting matter.
The character of this burgher class, and indeed its very existence, is a
most remarkable phenomenon; for this respectable class, occupying a
position almost on a level with that of the nobility, was several
centuries later in making its appearance in the Occident. The burgher
who struck a nobleman lost his hand, while the nobleman who struck a
burgher lost his horse, and must pay one hundred sols. Later, however,
the burgher could commute his punishment with a fine of one thousand
sols, and must pay one hundred sols as an indemnity, thus making the two
cases nearly equal.
The term burgher has generally been understood to designate the
inhabitant of a city, whose quiet and orderly life was passed in
occupations of trade and industry; but _such_ burghers were surely not
to be found in the kingdom of Jerusalem; for the burghers sprang from
the common people, of which the accounts of the Crusades made the chief
portion of the army of the Crusaders to have consisted; and when we
remember how little respect these showed for the princes in the
army--that they once chose Godfrey Burel out of their own number as
their leader--we shall not be astonished that there arose from this
class of warriors a population who were not to be subjected to a
humiliating position in relation to the chivalry.
A free and vigorous life shows itself in the whole system of law which
governed these burghers. Here we meet, for the first time in the middle
ages, the principles of marine and commercial law, rising above t
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