The Early Existence of the Funda and Catena in the Twelfth-Century Latin Kingdom of Jerusalem

Abstract

THE development of funda and catena courts to regulate commerce in the Latin Kingdom of Jerusalem indicates the importance of trade to the crusaders' state as a source of revenue. The funda and catena handled petty cases and collected imposts in the kingdom's markets and ports respectively.l Such legal growth also testifies to the administrative ability of the state, and the dates for the origin of these courts suggest the time when such legal and fiscal control began to be effectively used. Current historical opinion unanimously considers the funda and catena the innovations of King Amaury I (1161-1174).2 The object of this paper is to criticize the attribution of these courts to Amaury I on the basis of new evidence. Such a revision will necessitate a partial re-evaluation of Amaury I's legal career, and will clarify the nature of the Latin kingdom's efforts to regulate trade in the twelfth century. Professor Prawer has criticized the authority of Hayek, whose work led LaMonte to believe that Amaury I instituted the funda.3 Charter evidence pertaining to the funda certainly corroborates this distrust of Hayek by establishing the existence of the funda a half century before Amaury I, in the reign of Baldwin II (1118-1131). Baldwin II may have referred to thefunda of Tyre as early as 1121 in a letter to the doge of Venice, Domenico Michaeli, which contained promises