Secret Societies of the Middle AgesKeightley, Thomas
History
Secret Societies of the Middle Ages
Keightley, Thomas
Secret societies
Those who derive their knowledge of the Fehm-gerichte from plays and
romances are apt to imagine that they were always held in subterranean
chambers, or in the deepest recesses of impenetrable forests, while
night, by pouring her deepest gloom over them, added to their awfulness
and solemnity. Here, as elsewhere, we must, however reluctantly, lend
our aid to dispel the illusions of fiction. They were _not_ held either
in woods or in vaults, and rarely even under a roof. There is only _one_
recorded instance of a Fehm-gericht being held under ground, viz., at
Heinberg, under the house of John Menkin. At Paderborn indeed it was
held in the town-house; there was also one held in the castle of
Wulften. But the situation most frequently selected for holding a court
was some place under the blue canopy of heaven, for the free German
still retained the predilection of his ancestors for open space and
expansion. Thus at Nordkirchen and Südkirchen (_north and south church_)
the court was held in the churchyard; at Dortmund, in the market-place
close by the town-house. But the favourite place for holding these
courts was the neighbourhood of trees, as in the olden time: and we read
of the tribunal at Arensberg in the orchard; of another under the
hawthorn; of a third under the pear-tree; of a fourth under the linden,
and so on. We also find the courts denominated simply from the trees by
which they were held, such as the tribunal at the elder, that at the
broad oak, &c.
The idea of their being held at night is also utterly devoid of proof,
no mention of any such practice being found in any of the remaining
documents. It is much more analogous to Germanic usage to infer that, as
the Public Court, and the German courts in general, were held in the
morning, soon after the break of day, such was also the rule with the
Secret Court.
When an affair was brought before a Fehm-court, the first point to be
determined was whether it was a matter of Fehm-jurisdiction. Should such
prove to be the case, the accused was summoned to appear and answer the
charge before the Public Court. All sorts of persons, Jews and Heathens
included, might be summoned before this court, at which the uninitiated
schöppen also gave attendance, and which was as public as any court in
Germany. If the accused did not appear, or appeared and could not clear
himself, the affair was transferred to the Secret Court. Civil matters
also, which on account of a denial of satisfaction were brought before
the Fehm-court, were, in like manner, in cases of extreme contumacy,
transferred thither.
The Fehm-tribunals had three different modes of procedure, namely, that
in case of the criminal being taken in the fact, the inquisitorial, and
the purely accusatorial.
Public-domain text, read in full here on John Shaqi.
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