The Templars’ secret rites, introduced in the middle of the thirteenth

century, were practiced as part of their peculiar religious service, and

at the admission of new members: for though the Catholic liturgy was

used in their chapels, the initiated performed a cult of their own in

the chapter house, or chapel, before break of day. This consisted of

confession and communion, as understood by Templars. This confession

they regarded on the one hand as an act of brotherly trust, and on the

other of brotherly counsel: hence, they confessed only to the chaplains

of the order; in the latter times of the order the members were

forbidden to confess to priests that were not Templars. By them the

communion was taken in the natural species and substance of bread and

wine, and in token of brotherly love, not as commemorative of any

sacrifice.

Two images played a part in the Templar rites. The image of John the

Baptist typified the order’s opposition to the Church’s creed. The other

image, jealously guarded from the eyes of outsiders, has been called an

“idol.” It was made chiefly of copper, gilt, and represented now a human

skull, anon the countenance of an old man heavily bearded

(makroprosopos), again a very small face (mikroprosopos), which would be

now the face of a man, then of a woman, anon male and female at once; it

would have now one, again two or three, heads, with bright shining eyes

of carbuncles. The idol was by some Templars called “Bassomet,” but why,

does not appear. From the statements of members of the order it would

seem that this idol was a kind of talisman that brought all manner of

good fortune; that it was set up for veneration as rival to the cross,

and that they called it “the savior of the order.”

There were two forms of admission, the general and the special (or

secret) form: the latter was used only at the admission of postulants

that could be trusted with the secrets of the order. The Scribe, acting

as Receptor, first asked the brethren, in chapter, if they had any

objection to make the admission of the postulant. If none objected the

postulant was led into an adjoining room and questioned as to his

purpose in seeking entrance to the order, whether he knew of any

impediment on his part, whether he owed debts that he could not pay,

whether he was married or engaged to be married, and so forth. The

questions having been satisfactorily answered, and the minutes of the

replies reported to the brethren, the matter was again put to vote.

Next, the candidate was brought before the chapter, and, after more

questioning, took the vows and was formally admitted. In the secret rite

of admission the Receptor showed to the candidate the Idol, with these

words: “Believe in this, put your trust in this, and all will be well

with you.” Then he girded the candidate with a cord of white wool

fibres, the Baptist’s girdle, as it was called, which he was to wear

over the shirt. The obligation of secrecy was very sternly enforced.

Those who betrayed any of the secrets of the order were cast into

prison, and the candidate was threatened with dungeons and death should

he communicate to an outsider any information about the ceremony of

initiation.

Thus did the Templars, an order instituted for the purpose of guarding

the Church’s interests, in the end reject the Church’s doctrines, and

adopt principles that tended inevitably to the overthrow, not only of

the Papacy, but of Christianism itself. Such was the irreconcilable

opposition between the avowed and the secret convictions of the

Templars, and such was the hypocrisy of the order: for, though they had

apostatized from the creeds of the Church, they would not formally quit

her communion; and though they regarded as true many points of

anti-Christian doctrine, they veiled these with mystery, or even on

occasion made sport of them, instead of publishing them, as so many

poor, unarmed heretics did; and hence their aspirations were foiled, and

the most powerful association of that time perished, not in glorious

battle, but in ignominious dungeons and at the stake.

4. THE DOWNFALL OF THE KNIGHTS TEMPLAR.

The Crusades having failed utterly, the Holy Land having again come

under the power of the “infidels,” and the occupation of the knightly

orders having gone, the Popes cast about for a remedy for this

undesirable state of things. The order of German Knights had already

forestalled the problem by choosing as their theatre of action the

countries on the Baltic Sea, and the Spanish orders by waging continual

wars against the Moors; and the Knights of Saint John (Hospitalers)

later found a place for themselves by occupying Rhodes. But the Templars

were without any fit employment, and that circumstance was the occasion

of their downfall. About the year 1305 Pope Clement V. proposed a union

of the Templars with the Hospitalers, and, if possible, with other

orders, but both Templars and Hospitalers rejected the advice.

Philip IV. (the Fair) of France found in the Templars a serious

obstacle to his ambition, and in the early years of his reign sought

to compel them by force to aid him in his schemes; but failing in that

design, tried to win them by loading them with favors. Many different

explanations have been offered to account for another change of policy

on the part of Philip, but none of them is historically sound.

Probably the change noticeable in the king’s attitude toward the order

in 1305 was in some way connected with the outrageous doings of the

Inquisition in the South of France; doubtless rumors of heresy in the

Templar order had come to the omnipresent ear of the Holy Court. The

Inquisitor-General of France, William Imbert, prior of the Dominicans

in Paris, begged the King to call the Templars to account. The King,

on Nov. 14, 1305, informed Clement V. of the accusation, but Clement,

notwithstanding this, invited not only the Grandmaster of the

Hospitalers, but also the head of the Templars, to meet with himself

in conference about the project of a new Crusade. Yet in his letter to

the Templars’ Grandmaster, James Molay (who resided in his palace in

Cyprus), he counseled him to come without escort, “lest the news of

his departure should give occasion to enemies (of the order) to make a

sudden onslaught.” The Master of the Hospitalers was unable to come,

being busied with the siege of Rhodes, and Molay, contrary to the

Pope’s advice, came to France escorted by his entire council, sixty

knights, and bringing the treasure and the archives of his order. In

May, 1307, the Pope and the King met at Poictiers, and, it is

supposed, discussed thoroughly the question of the Templars: about the

same time the Templars informed the Pope of the dangers that

threatened them, and asked for an investigation of the charges brought

against them: such investigation the Pope decided to institute. It

cannot be determined whether it was with the Pope’s approval, or

against his wishes, that Philip on Oct. 13, 1307, had all the Templars

in France arrested and their goods seized.

Five heads of complaint were alleged against the order; viz.,

profanation of the cross, worship of an idol, indecent rites of

initiation, omission of the sacramental words (i.e., the words of

consecration or of transubstantiation, Hoc est corpus meum) in masses

performed by priests belonging to the order, and indulgence of unnatural

lusts. Two days after the arrests the people of Paris, whose partiality

for the Templars was feared, were assembled before the royal palace, and

there were labored with by monks and royal officials, to turn them

against the order. The King took up his residence in the “Temple,” the

Paris house of the order, in which was hid the treasure of the

Grandmaster (150,000 gold florins, and twelve horseloads of silver

pence). It was not quite 500 years later when the Temple became the

prison of a descendant of the King. In that same building, in presence

of the masters and bachelors of the university, the trial of the

Grandmaster and his brethren was commenced, and proceeded under the

direction of Imbert. The procedure was the same as in the ordinary

trials for heresy and witchcraft in the court of the Inquisition.

Confessions were obtained by use of the torture, and it is impossible at

this day to tell how much in those confessions was due to the employment

of that peculiar method of eliciting truth, and how much, if any part,

was prompted by the desire to atone for past offenses by truthful (even

if forced) admission of guilt.

The Pope was not pleased with this turn of affairs. He claimed for

himself the right to proceed against the Templars, declared that the

King was infringing the privileges of the See of Rome, and attributed

the action taken against the Templars to a desire to get possession of

the order’s treasury and to annihilate a society whose existence was a

cause of anxiety to the King. He, therefore, protested against the whole

proceeding, and demanded that the arrested Templars and their property

should be surrendered to him as judge of the questions at issue. The

King refused, but he came to an understanding with the Pope in the

matter of the prosecution, and Nov. 22 the Pope, by the bull “Pastoralis

Praeeminentiae,” ordered the arrest of all the Templars throughout the

Christian world. The King of England, Edward II. who was Philip’s

son-in-law, obeyed this precept, though he had previously expressed

disbelief of the guilt of the Templars. A like change of mind was seen

in Aragon. In Cyprus the Templars attempted resistance, but submitted.

Denis, King of Portugal, refused to institute a prosecution against

them.

Inasmuch as the measure was one that affected all countries, the case of

the Templars belonged of right to the Papal jurisdiction. Even Philip

admitted this; but he mistrusted the Pope, and feared that the Templars

might be acquitted, and then take revenge on the King. Negotiations were

opened. The King demanded the death of the Templars, but the Pope would

not consent to this till their guilt was fully proven; and again he

demanded the surrender to him of their persons and their possessions.

The King at last acceded to the demand, for he had need of the Pope’s

assistance in procuring the election of his brother as successor to the

assassinated German King, Albert.

Under the Papal jurisdiction the trials were conducted with more lenity:

torture was not employed. But the Pope became convinced of the guilt of

the accused; till then he had been in doubt. Molay made, without

compulsion, many very important admissions, as did several high

officials of the order, but on sundry points they contradicted one

another. Nevertheless, the Pope was still firmly of the opinion that

only individual Templars were on trial, not the order, while for the

King the annihilation of the order was the main thing. August 8, 1308,

the bull “Faciens Misericordiam” ordered a prosecution of the Templars

in every country of Christendom; and on the 12th of the same month, by

the bull “Regnans in Coelis,” a council was summoned for the year 1310,

to determine the question of the Templars. Further ordinances of the

Pope had to do with the surrender of the properties of the order to the

Church.

Meanwhile the Pope had forgotten to aid the French King’s brother in his

pretensions to the crown of the Roman Empire. On the contrary, he

favored the election of Henry VII. of Luxemburg, and was glad to find in

him a prince who would strenuously oppose the overweening ambition of

Philip IV. The tension between the Pope and the French King was

increasing, and the trials of the Templars went on sluggishly for two

years more. There was much arbitrary ill-usage of Templars. The bishops,

to whom the Pope had committed the prosecution of the individual members

of the order, in many places gave loose rein to their ancient enmity

toward the Templars, and freely used the torture; nevertheless, very

many of the accused maintained the innocence of their order, and

declared the prior confessions false. This can be explained only by

supposing that the abuses in the order did not extend to all the houses.

Molay’s behavior on his trial was neither firm nor dignified, ever

balancing between self-accusation and vindication. He was never sure of

his ground, sought to retard procedure, used equivocal and obscure

phrases, and continually protested his orthodoxy; and the other members

for the most part acted in like manner: but their excuse is the hard

usage they endured, and Molay was not permitted to complain of that.

All the Templars arrested in Paris, numbering 546, were on the 28th of

May, 1310, mustered in the garden of the Bishop’s palace, and there the

accusation was read to them. Six of the accused—three knights and three

clerics—protested in the name of all against the treatment they had

received, and demanded the release of all Templars and arrest of their

accusers. In vain! During the investigation thirty-six members of the

order died in prison at Paris. May 12, 1310, those who had retracted

their confessions, to the number of 54, were burned alive: to these were

afterward added eight more, and at Rheims nine met the same fate: they

all protested their innocence at the supreme moment. It is worthy of

note that the Pope, who till then had favored delay in the proceedings,

was now for instant action. He sharply reproved the English authorities

for refusing to employ the torture; and he did his best to accomplish

the destruction of the Templars at Avignon, who had taken up arms to

defend themselves; but, though defeated, they were adjudged innocent;

and it was the same in Castile. In Germany, where the order, though weak

in numbers, made a resolute stand, the Pope offered no convincing proof

of the charges; and in England, too, nothing could be proved against the

accused members. But throughout the greater part of Italy the Templars

fared as in France, except that they were not condemned to the stake. In

vain did the celebrated Raymond Lully, at the Council of Vienne (1312),

plead for the preservation of the order by a consolidation of all the

military orders in one, whose Grandmaster should be that French prince

who happened to be King of Jerusalem: for he hoped thus to conciliate

the good will of Philip. The Pope, who had long been urged by the King

to suppress the order, now made haste to save the property of the

Templars from falling into secular hands, and so, by the bulls “Vox in

Excelso” and “Ad Providam Christi Vicarii,” published April 3 and May 2,

1312, respectively, he made over to the Hospitalers all the estates of

the Templars, estates in Spain excepted.

The unfortunate Grandmaster Molay, who received a pittance of four sous

per diem to alleviate his misery, bore his imprisonment with great

fortitude; but March 11, 1313, he and Godfrey de Charney, an official of

the order, having retracted their confessions, were slowly burnt to

death on an island in the Seine, by order of the King, without any

judicial process. Molay, it is said, cited the two murderers of his

brethren, Philip and Clement, to appear before the judgment seat of God.

They both died, one of colic, the other in consequence of a fall from

his horse, eight and thirteen months, respectively, after the death of

Molay. The order was suppressed everywhere except in Portugal, where it

took the name “Order of Jesus Christ,” and continued in existence. Its

Grandmaster, Prince Henry the navigator, a hundred years afterward,

employed its wealth in promoting the high ends of civilization. In other

countries the Templars either wandered about as fugitives, or entered

the order of Hospitalers. The seizure of the order’s estates in France

was annulled by the bull of suppression, but Philip, nevertheless,

maintained his hold on the house of the order in Paris, and on the

treasure there stored. The remainder of the property was plundered by

the nobility and the Church; and the Pope surely was not forgetful of

his own interest. The Hospitalers afterward succeeded to their rights,

but that did them hardly less harm than good, for it cost them a great

sum to release the estates of the Templars from the grasp of the

robbers; besides, many a small piece of property was made away with by

princes, great lords, orders, churches, and monasteries.

_PART SEVENTH_

_The Femgerichte._

1. COURTS OF JUSTICE IN THE MIDDLE AGE.

The wild disorder attending the irruption of the Gothic nations having

subsided, society, which had lost its bearings, had to organize itself

anew. The first step toward this end was taken when society’s task was

distributed among innumerable fractional parts of itself, each fraction

trying to do its own share of the work; the next step was the uniting of

all these fractional parts under one religious idea—that of

Christianism, and under one political law—that of feudalism. The Pope

and the Emperor represented the religious and the political ideas

respectively. As long as one was true to Pope and Emperor—i.e., was a

good Christian and a good subject—all was well with him, and he might,

in all other matters, do as he pleased. The principle of Justice was not

regarded: no wrong act was punished as violating right, but always as

doing harm. Even murder was not regarded as infringement of human right

to life, but simply as harm done to the people of the murdered one. If

one was without relatives, his slayer went unpunished; but if the

murdered man left a family or kinsmen, the murderer, on paying to them a

certain sum, went forth free. Thus, the utmost unrestraint prevailed in

the several small aggregations of people, and the utmost diversity

between one little community and another. Of bureaucratic, centralized,

cast-iron government there was no faintest foreshadow; nor was

government a function assigned to any one, but, like the administration

of justice, an acquired right. In a given province this one had acquired

the government, that one the civil and a third the criminal judiciary;

one was obeyed in peace, another commanded the people in war.

Jurisdictions were undefined and inextricably mixed up—a consequence of

the feudal system, under which the King granted rights now to one man,

again to another, as favors, never inquiring how these might consist

with rights previously granted to others. In this way it became possible

in the Middle Age for such juristic abnormities as the Femgerichte to

come into existence. The Femgerichte resulted from the confusion

existing in judiciary affairs, just as the religious abnormity of the

monastic orders of knights resulted from the very opposite condition of

things in the Church—the excess of regulation. For the confusion

(absence of regulation) and the excessive regulation were near akin;

they both sprang out of the unrestraint of private life in the Middle

Age, which unrestraint naturally produced, under the rule of the Church,

a multitude of monastic rules (e.g., the Rule of St. Augustin, of St.

Benedict, of St. Columba, etc.); while, on the contrary, the feebleness

of the Empire, due to the jealousy of the Popes and the ambition and

avarice of the feudal lords, was fatal to any organization of the

administrative and judicial functions, and though there were many codes

of law, there could be no standard for distinguishing right and wrong.

The cause of this difference of development between State and Church

was, that the Church had grown from the top downward, from the hierarchy

down to the people; while the State, on the contrary, had grown from

below upward. During the process of migration and settlement, each

nation or horde was self-governed, perfectly free and independent:

hence, the popular, genial, oftentimes even jovial and humorous cast of

Teutonic law, as compared with the hard, pedantic, abstruse, austere

character of the Jus Romanum. Roman law has only a corpus juris;

Teutonic law has Wise Saws, Juristic Proverbs, Juristic Drolleries,

Juristic Myths (Weistuemer, Rechtssprichtwoerter, Rechtsschwoernke,

Rechtssagen).

Originally, among the Germans, the freemen themselves were the court and

chose their president, the Graf (graf now equals count). Not until the

time of Karl the Great (Charlemagne) did the grafs become standing

officials, and later an hereditary order and lords proprietary. As the

functions of government were by degrees entrusted to fewer and ever

fewer hands, being transferred from the people to favored feudal lords,

and from them passing finally into the hands of an individual

sovereign—a quite natural process, for while the people increased in

number they did not become better educated, and therefore grew ever less

fitted for self-government—so, too, judgment, quitting the open,

embowered courts amid the lindens, with heaven’s breezes whispering

among the leaves, and heaven’s blue dome overarching all, withdrew

behind dank and frowning walls, from the countenance of the whole people

to a meeting of a small bench of stern judges.

Thus gradually were the rights of the freemen diminished. The freemen

was less and less frequently called to sit in judgment, for the

president of the court, the graf, was no longer an equal, but a great

lord, their superior, who made up the court as to him seemed best, and

who even cared nothing for the Emperor.[2]

Footnote 2:

What follows regarding the Femgerichte is based on Theodor Lindner’s

work, “Die Femgerichte,” Münster and Paderborn, 1888. (Whatever may

have been the original meaning of the word “fem” in “femgericht,” it

is enough to know that in usage it is equivalent to “secret”; hence

femgericht—secret judgment, or secret tribunal.)

Westphalia was the original home of the Femgerichte, and they owed their

rise to the fact that there the royal ban (Koenigsbann), that is to say,

the right possessed by the King alone, of conferring the grafship on the

grafs, was still alive, in modified form indeed, yet with its substance

unimpaired. Owing to the granting of various privileges to

ecclesiastical and secular magnates the jurisdiction of the grafs was in

time divided up. Besides, there were special courts for freemen, and

special courts for the half-free and the unfree, the former courts being

under the free grafs, and the other under the gaugrafafs (district

grafs). Now, as the majority of the population were under the gaugrafs,

the possession of a gaugrafship developed into sovereignty; while the

position of the free grafs became peculiar: the office was often sold

and passed from hand to hand. The free grafs, who were often persons of

little means, in order to maintain their dignity, had to lean on the

King’s ban, or warrant, obtainable from the King alone. But often the

free grafships died out, or they were consolidated with gaugrafships.

But nowhere did they retain so much of their original character as in

Westphalia—a geographical expression of various meanings, indeed, but in

general it denoted the region between the Rhine and the Weser. The term

Freigraf dates from the twelfth century.

Not only the King but the duke also had influence over the free

grafships. After the break-up of the ancient duchy of Saxony, every

princely land proprietor within its territory was duke of Westphalia;

this is specially true of the Archbishop of Cologne, and also of the

bishops of Muenster, Osnabrueck and Minden, and of the Duke of

Saxe-Lauenburg—dukes of Westphalia all, but with more or less

limitation. Probably the duke was entitled to preside over any free

court, and to summon to his own tribunal, the “botding,” the free grafs.

So, too, the stuhlherr (lord of the manor) possessed the right of

presiding, even when he was no prince, but only a graf; and often he

assumed that the free graf gave judgment only in his (the lord’s) name,

and so granted release from the jurisdiction of the free courts, to

cities, for example. The free graf and his assessors, the schoeffen (a

lower grade of judges), afterward called freischoeffen, constituted the

freigericht (free court), afterward known as femgericht. These offices

might fall to any freeman—and any one was reckoned a freeman who had

“his own smoke,” i. e., a house of his own.

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