Secret Societies of the Middle AgesKeightley, Thomas
History
Secret Societies of the Middle Ages
Keightley, Thomas
Secret societies
[Footnote 116: Spelt also _Fem_, _Fäm_, _Vem_, _Vehm_. In German _f_ and
_v_ are pronounced alike, as also are _ä_ and _e_. The words from which
_Fahm_ has been derived are _Fahne_, a standard; _Femen_, to skin;
_Fehde_, feud; _Vemi_ (i. e. væ mihi), wo is me; _Ve_ or _Vaem_, which
Dreyer says signifies, in the northern languages, _holy_; _Vitte_ (old
German), prudence; _Vette_, punishment; the _Fimmiha_ of the Salic law;
Swedish _Fem_, Islandic _Fimm_, five, such being erroneously supposed to
be the number of judges in a Fehm, or court. Finally, Mözer deduces it
from _Fahm_, which he says is employed in Austria and some other
countries for _Rahm_, cream.]
[Footnote 117: Common fame was a sufficient ground of arraignment in
England, also, in the Anglo-Saxon period.]
The Fehm-gerichte was not the only name which these tribunals bore; they
were also called _Fehm-ding_, the word _ding_[118] being, in the middle
ages, equivalent to _gericht_, or tribunal. They were also called the
Westphalian tribunals, as they could only be holden in the _Red Land_,
or Westphalia, and only Westphalians were amenable to their
jurisdiction. They were further styled free-seats (_Frei-stühle_,
_stühl_ also being the same as _gericht_), free-tribunals, &c., as only
freemen were subject to them. A Frei-gericht, however, was not a
convertible term with a Westphalian Fehm-gericht; the former was the
genus, the latter the species. They are in the records also named
Secret Tribunals, (_Heimliche Gerichte_), and Silent Tribunals
(_Stillgerichte_), from the secrecy of their proceedings; Forbidden
Tribunals (_Verbotene Gerichte_), the reason of which name is not very
clear; Carolinian Tribunals, as having been, as was believed, instituted
by Charles the Great; also the Free Bann, which last word was equivalent
to _jurisdiction_. A Fehm-gericht was also termed a _Heimliche Acht_,
and a _Heimliche beschlossene Acht_ (secret and secret-closed tribunal);
_acht_ also being the same as _gericht_, or tribunal.
[Footnote 118: In the northern languages, _Ting_; hence the _Store Ting_
(in our journals usually written _Storthing_), i. e. _Great Ting_, or
Parliament of Norway.]
CHAPTER II.
The Tribunal-Lord--The Count--The Schöppen--The Messengers--The
Public Court--The Secret Tribunal--Extent of its
Jurisdiction--Places of holding the Courts--Time of holding
them--Proceedings in them--Process where the criminal was caught in
the fact--Inquisitorial Process.
Having traced the origin of the Fehm-gerichte and their various
appellations, as far as the existing documents and other evidences
admit, we are now to describe the constitution and procedure of these
celebrated tribunals, and to ascertain who were the persons that
composed them; whence their authority was derived; and over what classes
of persons their jurisdiction extended.
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