Secret Societies of the Middle AgesKeightley, Thomas
History
Secret Societies of the Middle Ages
Keightley, Thomas
Secret societies
Were the person who was _forfehmed_ uninitiated, he had no means
whatever of knowing his danger till the halter was actually about his
neck; for the severe penalty which awaited any one who divulged the
secrets of the Fehm-courts was such as utterly to preclude the chance of
a friendly hint or warning to be on his guard. Should he, however, by
any casualty, such, for instance, as making his escape from those who
attempted to seize him, become aware of how he stood, he might, if he
thought he could clear himself, seek the protection and aid of the
Stuhlherr, or of the emperor.
If any one knowingly associated with or entertained a person who was
_forfehmed_, he became involved in his danger. It was necessary,
however, to prove that he had done so knowingly--a point which was to be
determined by the emperor, or by the judge of the district in which the
accused resided. This rule originally had extended only to Westphalia,
but the Fehm-judges afterwards assumed a right of punishing in any part
of the empire the person who entertained one who was _forfehmed_.
Nothing can appear more harsh and unjust than this mode of procedure to
those who would apply the ideas and maxims of the present to former
times. But violent evils require violent remedies; and the disorganized
state of Europe in general, and of Germany in particular, during the
middle ages, was such as almost to exceed our conception. Might it not
then be argued that we ought to regard as a benefit, rather than as an
evil, any institution which set some bounds to injustice and violence,
by infusing into the bosom of the evil-doer a salutary fear of the
consequences? When a man committed a crime he knew that there was a
tribunal to judge it from which his power, however great it might be,
would not avail to protect him; he knew not who were the initiated, or
at what moment he might fall into their hands; his very brother might be
the person who had denounced him; his intimate associates might be those
who would seize and execute him. So strongly was the necessity of such a
power felt in general, that several cities, such as Nuremberg, Cologne,
Strasburg, and others, applied for and obtained permission from the
emperors, to proceed to pass sentence of death on evil-doers even
unheard, when the evidence of common fame against them was satisfactory
to the majority of the town-council. Several counts also obtained
similar privileges, so that there were, as we may see, Fehm-courts in
other places besides Westphalia, but they were far inferior to those in
power, not having a numerous body of schöppen at their devotion.
Public-domain text, read in full here on John Shaqi.
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