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doubt; for, as we have just seen, the king of Portugal formed the Order of Christ out of the Templars in his dominions. But our readers are no doubt aware that the freemasons assert a connexion with the Templars, and that there is a society calling themselves Templars, whose chief seat is at Paris, and whose branches extend into England and other countries. The account which they give of themselves is as follows::

James de Molay, in the year 1314, in anticipation of his speedy martyrdom, appointed Johannes Marcus Lormenius to be his successor in his dignity. This appointment was made by a regular wellauthenticated charter, bearing the signatures of the various chiefs of the order, and it is still preserved at Paris, together with the statutes, archives, banners, &c., of the soldiery of the Temple. There has been an unbroken succession of grand-masters down to the present times, among whom are to be found some of the most illustrious names in France. Bertrand du Guesclin was grand-master for a number of years; the dignity was sustained by several of the Montmorencies; and during the last century the heads of the society were princes of the different branches of the house of Bourbon. Bernard Raymond Fabré Palaprat is its head at present, at least was so a few years ago

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This is no doubt a very plausible circumstantial account; but, on applying the Ithuriel spear of criticism to it, various ugly shapes resembling falsehood start up. Thus Molay, we are told, appointed his successor in 1314. He was put to death on the

*See Manuel des Templiers. As this book is only sold to members of the society, we have been unable to obtain a copy of it. Our account has been derived from Mills's History of Chivalry. That this writer should have believed it implicitly is, we apprehend, no proof of its truth.

18th March of that year, and the order had been abolished nearly a year before. Why then did he delay so long, and why was he become so apprehensive of martyrdom at that time, especially when, as is well known, there was then no intention of putting him to death? Again, where were the chiefs of the society at that time? How many of them were living? and how could they manage to assemble in the dungeon of Molay and execute a formal instrument! over, was it not repugnant to the rules and customs of the Templars for a Master to appoint his successor? These are a few of the objections which we think may be justly made; and, on the whole, we feel strongly disposed to reject the whole story.

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As to the freemasons, we incline to think that it was the accidental circumstance of the name of the Templars which has led them to claim a descent from that order; and it is possible that, if the same fate had fallen on the knights of St. John, the claim had never been set up. We are very far from denying that at the time of the suppression of the order of the Temple there was a secret doctrine in existence, and that the overthrow of the papal power, with its idolatry, superstition, and impiety, was the object aimed at by those who held it, and that freemasonry may possibly be that doctrine under another name*. But we are perfectly convinced that no proof of any weight has been given of the Templars' participation in that doctrine, and that all probability is on the other side. We regard them, in fine, whatever their sins may have been, as martyrs-martyrs to the cupidity, blood-thirstiness, and ambition of the king of France.

* This has, we think, been fully proved by Sr. Rossetti. It must not be concealed that this writer strongly asserts that the Templars were a branch of this society.

THE

SECRET TRIBUNALS OF WESTPHALIA*.

CHAPTER I.

Introduction-The Original Westphalia-Conquest of the Saxons by Charlemagne - His Regulations-Dukes of Saxony-State of Germany-Henry the Lion-His Outlawry-Consequences of it-Origin of German TownsOrigin of the Fehm-gerichte, or Secret Tribunals-Theories of their Origin-Origin of their Name-Synonymous Terms. WE are now arrived at an association remarkable in itself, but which has been, by the magic arts of romancers, especially of the great archimage of the north, enveloped in darkness, mystery, and awe, far beyond the degree in which such a poetical investiture can be bestowed upon it by the calm inquirer after truth. The gloom of midnight will rise to the mind of many a reader at the name of the Secret

*Dr. Berck has, in his elaborate work on this subject (Geschichte der Westphälischen Femgerichte, Bremen, 1815), collected, we believe, nearly all the information that is now attainable. This work has been our principal guide; for, though we have read some others, we cannot say that we have derived any important information from them. As the subject is in its historical form entirely new in English literature, we have, at the hazard of appearing occasionally dry, traced with some minuteness the construction and mode of procedure of these celebrated courts.

Tribunals of Westphalia: a dimly lighted cavern beneath the walls of some castle, or peradventure Swiss hostelrie, wherein sit black-robed judges in solemn silence, will be present to his imagination, and he is prepared with breathless anxiety to peruse the details of deeds without a name *.

We fear that we cannot promise the full gratification of these high-wrought expectations. Extraordinary as the Secret Tribunals really were, we can only view them as an instance of that compensating principle which may be discerned in the moral as well as in the natural empire of the Deity; for, during the most turbulent and lawless period of the history of Germany, almost the sole check on crime, in a large portion of that country, was the salutary terror of these Fehm-Gerichte, or Secret Tribunals. And those readers who have taken their notions of them only from works of fiction will learn with surprise that no courts of justice at the time exceeded, or perhaps we might say equalled, them in the equity of their proceedings.

Unfortunately their history is involved in much obscurity, and we cannot, as in the case of the two preceding societies, clearly trace this association from its first formation to the time when it became evanescent and faded from the view. While it flourished, the dread and the fear of it weighed too heavily on the minds of men to allow them to venture to pry into its mysteries. Certain and instantaneous death was the portion of the stranger who was seen at any place where a tribunal was sitting, or who dared so

The romantic accounts of the Secret Tribunals will be found in Sir W. Scott's translation of Goethe's Götz von Berlichingen, and in his House of Aspen and Anne of Geierstein. From various passages in Sir W. Scott's biographical and other essays, it is plain that he believed such to be the true character of the Secret Tribunals.

much as to look into the books which contained the laws and ordinances of the society. Death was also the portion of any member of the society who revealed its secrets; and so strongly did this terror, or a principle of honour, operate, that, as Æneas Sylvius (afterwards Pope Pius II.), the secretary of the Emperor Frederick III., assures us, though the number of the members usually exceeded 100,000, no motive had ever induced a single one to be faithless to his trust. Still, however, sufficient materials are to be found for satisfying all reasonable curiosity on the subject.

To ascertain the exact and legal sphere of the operation of this formidable jurisdiction, and to point out its most probable origin, are necessary preliminaries to an account of its constitution and its proceedings. We shall therefore commence with the consideration of these points.

Westphalia, then, was the birth-place of this institution, and over Westphalia alone did it exercise authority. But the Westphalia of the middle ages did not exactly correspond with that of the later times. In a general sense it comprehended the country between the Rhine and the Weser; its southern boundary was the mountains of Hesse; its northern, the district of Friesland, which at that time extended from Holland to Sleswig. In the records and lawbooks of the middle ages, this land bears the mystic appellation of the red earth, a name derived, as one writer thinks, from the gules, or red, which was the colour of the field in the ducal shield of Saxony; another regards it as synonymous with the bloody earth; and a third hints that it may owe its origin to the red colour of the soil in some districts of Westphalia.

This land formed a large portion of the country of the Saxons, who, after a gallant resistance of thirty

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