either mediately or immediately. But the growth of cities, and the prosperity and the better system of social regulation which they presented, were not the only beneficial effects which resulted from the overthrow of the power of Henry the Lion. There is every reason to conclude that it was at this period that the Fehm-gerichte, or Secret Tribunals, were instituted in Westphalia; at least, the earliest document in which there is any clear and express mention of them is dated in the year 1267. This is an instrument by which Engelbert, Count of the Mark, frees one Gervin of Kinkenrode from the feudal obligations for his inheritance of Broke, which was in the county of Mark; and it is declared to have been executed at a place named Berle, the court being presided over by Bernhard of Henedorp, and the _Fehmenotes_ being present. By the Fehmenotes were at all times understood the initiated in the secrets of the Westphalian tribunals; so that we have here a clear and decisive proof of the existence of these tribunals at that time. In another document, dated 1280, the Fehmenotes again appear as witnesses, and after this time the mention of them becomes frequent. We thus find that, in little more than half a century after the outlawry of Henry the Lion, the Fehm-gerichte were in operation in Westphalia; and there is not the slightest allusion to them before that date, or any proof, at all convincing, to be produced in favour of their having been an earlier institution. Are we not, therefore, justified in adopting the opinion of those who place their origin in the first half of the thirteenth century, and ascribe it to the anarchy and confusion consequent on the removal of the power which had hitherto kept within bounds the excesses of the nobles and the people? And is it a conjecture altogether devoid of probability that some courageous and upright men may have formed a secret determination to apply a violent remedy to the intolerable evils which afflicted the country, and to have adopted those expedients for preserving the public peace, out of which gradually grew the Secret Tribunals? or that some powerful prince of the country, acting from purely selfish motives, devised the plan of the society, and appointed his judges to make the first essay of it[114]? [Footnote 114: Berck, pp. 259, 260.]