Yet it is by no means improbable that there may have been some foundation for the popular gossip that the neophyte at his reception was forced to kiss the posteriors of his preceptor. As we have seen, a large majority of the Order consisted of serving brethren on whom the knights looked down with infinite contempt. Some such occasional command on the part of a reckless knight, to enforce the principle of absolute obedience, in admitting a plebeian to nominal fraternity and equality, would not have been foreign to the manners of the age. Who can say, moreover, that men, soured with the disillusion of life within the Order, chafing under the bonds of their irrevocable vow, and perhaps released from all religious convictions amid the license of the East, may not occasionally have tested the obedience of a neophyte by bidding him to spit at the cross on the mantle that had grown hateful to him?[303] No one who recognizes the wayward perversity of human nature, or who is familiar with the condition of monasticism at the period, can deny the possibilities of such occasional performances, whether as brutal jokes or spiteful assertions of supremacy, but the only rational conclusion from the whole tremendous tragedy is that the Order was innocent of the crime for which it was punished.

While Philippe was seizing his prey, Clement, at Poitiers, was occupied in the equally lucrative work of sending collectors throughout Germany to exact a tithe of all ecclesiastical revenues for the recovery of the Holy Land. When aroused from this with the news that Philippe, under the authority of Frère Guillaume the inquisitor, had thus taken decided and irrevocable action in a matter which was still before him for consideration, his first emotion naturally was that of wounded pride and indignation, sharpened perhaps by the apprehension that he would not be able to secure his share of the spoils. He dared not publicly disavow responsibility for the act, and what would be the current of public opinion outside of France no man could divine. In this cruel dilemma he wrote to Philippe, October 27, 1307, expressing his indignation that the king should have taken action in a matter which the brief of August 24 showed to be receiving papal consideration. Carefully suppressing the fact of the intervention of the Inquisition which legally justified the whole proceeding, Clement sought a further ground of complaint by reminding the king that Templars were not under royal jurisdiction, but under that of the Holy See, and he had committed a grave act of disobedience in seizing their persons and property, both of which must be forthwith delivered to two cardinals sent for the purpose. These were Berenger de Frédole, Cardinal of SS. Nereo and Achille, and Étienne de Suissi of S. Ciriaco, both Frenchmen and creatures of Philippe, who had procured their elevation to the sacred college. He seems to have had no trouble in coming to an understanding with them, for, though the trials and tortures were pushed unremittingly, another letter of Clement’s, December 1, praises the king for putting the matter in the hands of the Holy See, and one of Philippe’s of December 24 announces that he had no intention of infringing on the rights of the Church and does not intend to abandon his own; he has, he says, delivered the Templars to the cardinals, and the administration of their property shall be kept separate from that of the crown. Clement’s susceptibilities being thus soothed, even before the trials at Paris were ended he issued, November 22, the bull Pastoralis præeminentiæ, addressed to all the potentates of Europe, in which he related what Philippe had done at the requisition of the Inquisitor of France, in order that the Templars might be presented to the judgment of the Church; how the chiefs of the Order had confessed the crimes imputed to them; how he himself had examined one of them who was employed about his person and had confirmed the truth of the allegations. Therefore he orders all the sovereigns to do likewise, retaining the prisoners and holding their property in the name of the pope and subject to his order. Should the Order prove innocent the property is to be restored to it, otherwise it is to be employed for the recovery of the Holy Land.[304] This was the irrevocable act which decided the fate of the Templars, as we shall see hereafter when we consider the action of the princes of Europe outside of France.

Philippe thus had forced Clement’s hand, and Clement was fairly committed to the investigation, which in the hands of the Inquisition could only end in the destruction of the Order. Secure in his position, the king pushed on the examination of the prisoners throughout the kingdom, and the vigilance of his agents is shown in the case of two German Templars returning home, whom they arrested at Chaumont and delivered to the Inquisitor of the Three Bishoprics. One was a priest, the other a serving brother, and the inquisitor in reporting to Philippe says that he had not tortured the latter because he was very sick, but that neither had admitted that there was in the Order aught that was not pure and holy. The examinations went on during the winter of 1308, when Clement unexpectedly put a stop to them. What was his motive we can only conjecture; probably he found that Philippe’s promises with regard to the Templar possessions were not likely to be fulfilled, and that an assertion of his control was necessary. Whatever his reasons, he suddenly suspended in the premises the power of all the inquisitors and bishops in France and evoked to himself the cognizance of the whole affair, alleging that the suddenness of the seizure without consulting him, although so near and so accessible, had excited in him grave suspicions, which had not been allayed by the records of the examinations submitted to him, for these were of a character rather to excite incredulity—though in November he had proclaimed to all Christendom his conviction of their truth. It shows how completely the whole judicial proceedings were inquisitional that this brought them to an immediate close, provoking Philippe to uncontrollable wrath. Angrily he wrote to Clement that he had sinned greatly: even popes, he hints, may fall into heresy; he had wronged all the prelates and inquisitors of France; he had inspired the Templars with hopes and they were retracting their confessions, especially Hugues de Peraud, who had had the honor of dining with the cardinal-deputies. Evidently some intrigue was on foot, and Clement was balancing, irresolute as to which side offered most advantage, and satisfied at least to show to Philippe that he was indispensable. Philippe at first was disposed to assert his independence and claim jurisdiction, and he applied to the University for an opinion to support his claims, but the Faculty of Theology replied, March 25, 1308, as it could not help doing: the Templars were religious and consequently exempt from secular jurisdiction; the only cognizance which a secular court could have over heresy was at the request of the Church after it had abandoned the heretic; in case of necessity the secular power could arrest a heretic, but it could only be for the purpose of delivering him to the ecclesiastical court; and finally the Templar property must be held for the purpose for which it was given to the Order.[305]

Philippe, thus foiled, proceeded to bring a still stronger pressure to bear on Clement. He appealed to his subservient bishops and summoned a national assembly, to meet April 15 in Tours, to deliberate with him on the subject of the Templars. Already, at the Assembly of Paris in 1302, he had called in the Tiers-État and had learned to value its support in his quarrel with Boniface, and now he again brought in the communes, thus founding the institution of the States-General. After some delay the assembly met in May. In his summons Philippe had detailed the crimes of the Templars as admitted facts which ought to arouse for their punishment not only arms and the laws, but brute cattle and the four elements. He desired his subjects to participate in the pious work, and therefore he ordered the towns to select each two deputies zealous for the faith. From a gathering collected under such impulsion it was not difficult, in spite of the secret leaning of the nobles to the proscribed Order, to procure a virtually unanimous expression of opinion that the Templars deserved death.[306]

With the prestige of the nation at his back, Philippe went from Tours, at the end of May, to Clement at Poitiers, accompanied by a strong deputation, including his brothers, his sons, and his councillors. Long and earnest were the disputations over the affair, Philippe urging, through his spokesman, Guillaume de Plaisian, that the Templars had been found guilty and that immediate punishment should follow; Clement reiterating his grievance that an affair of such magnitude, exclusively appertaining to the Holy See, should be carried on without his initiative. A body like the Order of the Temple had powerful friends all over Europe whose influence with the curia was great, and the papal perplexities were manifold as one side or the other preponderated; but Clement had irrevocably committed himself in the face of all Europe by his bull of November 22, and it was in reality but a question of the terms on which he would allow the affair to go on in France by removing the suspension of the powers of the Inquisition. The bargaining was sharp, but an agreement was reached. As Clement had reserved the matter for papal judgment, it was necessary that some show of investigation should be had. Seventy-two Templars were drawn from the prisons of Paris to be examined by the pope and sacred college, that they might be able to assert personal knowledge of their guilt. Clement might well shrink from confronting de Molay and the chiefs of the Order whom he was betraying, while at the same time they could not be arbitrarily omitted. They were therefore stopped at Chinon near Tours, under pretext of sickness, while the others were sent forward to Poitiers. From the 28th of June to July 1 they were solemnly examined by five cardinals friendly to Philippe deputed for the purpose. The official report of the examinations shows the care which had been exercised in the selection of those who were to perform this scene in the drama. A portion of them were spontaneous witnesses who had left, or had tried to leave, the Order. The rest, with the terrible penalty for retraction impending over them, confirmed the confessions made before the Inquisition, which in many cases had been extracted by torture. Then, July 2, they were brought before the pope in full consistory and the same scene was enacted. Thus the papal jurisdiction was recognized; Clement in his subsequent bulls could speak of his own knowledge, and could declare that the accused had confessed their errors spontaneously and without coercion, and had humbly begged for absolution and reconciliation.[307]

The agreement duly executed between Clement and Philippe bore that the Templars should be delivered to the pope, but be guarded in his name by the king; that their trials should be proceeded with by the bishops in their several dioceses, to whom, at the special and earnest request of the king, the inquisitors were adjoined—but de Molay and the Preceptors of the East, of Normandy, Poitou, and Provence, were reserved for the papal judgment; the property was to be placed in the hands of commissioners named by the pope and bishops, to whom the king was secretly to add appointees of his own, but he was to pledge himself in writing that it should be employed solely for the Holy Land. Clement assumed that the fate of the Order, as an institution, was too weighty a question to be decided without the intervention of a general council, and it was decided to call one in October, 1310. The Cardinal of Palestrina was named as the papal representative in charge of the persons of the Templars—a duty which he speedily fulfilled by transferring them to the king under condition that they should be held at the disposition of the Church. Clement performed his part of the bargain by removing, July 5, the suspension of the inquisitors and bishops, and restoring their jurisdiction in the matter. Directions were sent at the same time to each of the bishops in France to associate with himself two cathedral canons, two Dominicans, and two Franciscans, and proceed with the trials of the individual Templars within his diocese, admitting inquisitors to participate at will, but taking no action against the Order as a whole; all persons were ordered, under pain of excommunication, to arrest Templars and deliver them to the inquisitors or episcopal officials, and Philippe furnished twenty copies of royal letters commanding his subjects to restore to the papal deputies all property, real and personal, of the Order.[308]

Although Clement declared in his bulls to Europe that Philippe had manifested his disinterestedness by surrendering all the Templar property, the question was one which gave rise to a good deal of skilful fencing on both sides. It is not worth while to pursue the affair in its details, but we shall see how in the end Philippe successfully cheated his partner in the game and retained the control which he apparently gave up.[309]

The rival powers having thus come to an understanding about their victims, proceedings were resumed with fresh energy. Clement made up for his previous hesitation with ample show of zeal. De Molay and the chief officials with him were detained at Chinon until the middle of August, when the Cardinals of SS. Nereo and Achille, of S. Ciriaco and of S. Angelo, were sent thither to examine them. These reported, August 20, to Philippe, that on the 17th and following days they had interrogated the Grand Master, the Master of Cyprus, the Visitor of France, and the Preceptors of Normandy and Poitou, who had confirmed their previous confessions and had humbly asked for absolution and reconciliation, which had been duly given them, and the king is asked to pardon them. There are two things noteworthy in this which illustrate the duplicity pervading the whole affair. In the papal bulls of August 12, five days before this examination was commenced, its results are fully set forth, with the assertion that the confessions were free and spontaneous. Moreover, when, in November, 1309, this bull was read over by the papal commission to de Molay, on hearing its recital of what he was said to have confessed he was stupefied, and, crossing himself twice, said he wished to God the custom of the Saracens and Tartars were observed towards persons so perverse, for they beheaded or cut in two those who thus perverted the truth. He might have said more had not Guillaume de Plaisian, the royal agent, who pretended to be his friend, cautioned him as to the risk which he ran in thus constructively retracting his confession, and he contented himself with asking for time for consideration.[310]

On August 12 Clement issued a series of bulls which regulated the methods of procedure in the case, and showed that he was prepared fully to perform his part of the agreement with Philippe. The bull Faciens misericordiam, addressed to the prelates of Christendom, recited at great length the proceedings thus far taken against the accused, and the guilt which they had spontaneously acknowledged; it directed the bishops, in conjunction with inquisitorial commissioners appointed by the pope, to summon all Templars before them and make inquisition concerning them. After this provincial councils were to be summoned, where the guilt or innocence of the individuals was to be determined, and in all the proceedings the local inquisitors had a right to take part. The results of the inquisitions, moreover, were to be promptly transmitted to the pope. With this was enclosed a long and elaborate series of articles on which the accused were to be examined—articles drawn up in Paris by the royal officials—and the whole was ordered to be published in the vernacular in all parish churches. The bull Regnans in cælis, addressed to all princes and prelates, repeated the narrative part of the other, and ended by convoking, for October 1, 1310, a general council at Vienne, to decide as to the fate of the Order, to consult as to the recovery of the Holy Land, and to take such action as might be required for the reformation of the Church. By another bull, Faciens misericordiam, dated August 8, a formal summons was issued to all and singular of the Templars to appear before the council, personally or by procurators, on a certain day, to answer to the charges against the Order, and the Cardinal of Palestrina, who was in charge of them, was ordered to produce de Molay and the Preceptors of France, Normandy, Poitou, Aquitaine, and Provence to receive sentence. This was the simplest requirement of judicial procedure, and the manner in which it was subsequently eluded forms one of the darkest features in the whole transaction. Finally there were other bulls elaborately providing for the payment of the papal commissioners and inquisitors, and ordering the Templar possessions everywhere to be sequestrated to await the result of the trial, and to be devoted to the Holy Land in case of condemnation. Much, it was stated, had already been wickedly seized and appropriated, and all persons were summoned to make restitution, under pain of excommunication. All debtors to the Order were summoned to pay, and all persons cognizant of such debts or of stolen property were required to give information. The series of bulls was completed by one of December 30, to be read in all churches, declaring all Templars to be suspect of heresy, ordering their capture as such and delivery to the episcopal ordinaries, and forbidding all potentates and prelates from harboring them or showing them any aid or favor, under pain of excommunication and interdict. At the same time another bull was directed to all the princes of Christendom, commanding them to seize any Templars who might as yet not have been arrested.[311]

The prosecution of the Templars throughout Europe was thus organized. Even such distant points as Achaia, Corsica, and Sardinia were not neglected. The large number of special inquisitors to be appointed was a work of time, and the correspondence between Philippe and Clement on the subject shows that they virtually were selected by the king. In France the work of prosecution was speedily set on foot, and, after a respite of some six months, the Templars found themselves transferred from the improvised inquisitorial tribunals set on foot by Frère Guillaume to the episcopal courts as provided by Clement. In every diocese the bishops were soon busily at work. Curiously enough, some of them doubted whether they could use torture, and applied for instructions, to which Clement answered that they were to be governed by the written law, which removed their misgivings. The papal instructions indicate that these proceedings only concerned those Templars who had not passed through the hands of Frère Guillaume and his commissioners, but there seems to have been little distinction observed as to this. Clement urged forward the proceedings with little regard to formality, and authorized the bishops to act outside of their respective dioceses, and without respect to the place of origin of the accused. The sole object evidently was to extract from them satisfactory confessions, as a preparation for the provincial councils which were to be summoned for their final judgment. Those who had already confessed were not likely to retract. Before the papal commission in 1310, Jean de Cochiac exhibited a letter from Philippe de Vohet and Jean de Jamville, the papal and royal custodians of the prisoners, to those confined at Sens at the time the Bishop of Orleans was sent there to examine them (the archbishopric of Sens was then vacant), warning them that those who revoked the confessions made before “los quizitor” would be burned as relapsed. Vohet, when summoned before the commission, admitted the seal to be his, but denied authorizing the letter, and the commission prudently abstained from pushing the investigation further. The nervous anxiety manifested by most of those brought before the commission that their statements should accord with what they had said before the bishops, shows that they recognized the danger which they incurred.[312]