Secret Societies of the Middle AgesKeightley, Thomas
History
Secret Societies of the Middle Ages
Keightley, Thomas
Secret societies
It is finally to be observed that it was only when the crimes were of
great magnitude, and the voice of fame loud and constant, that the
inquisitorial process could be properly adopted. In cases of a minor
nature the accused had a right to be heard in his own behalf. Here then
the inquisitorial process had its limit: if report was not sufficiently
strong and overpowering, and the matter was still dubious, the offender
was to be proceeded against accusatorially. If he was one of the
initiated, such was his undoubted right and privilege in all cases.
CHAPTER III.
Accusatorial process--Persons liable to it--Mode of citation--Mode
of procedure--Right of appeal.
As we have stated above, the first inquiry when a matter was brought
before a Fehm-court was, did it come within its jurisdiction, and, on
its being found to do so, the accused was summoned before the Public
Court, and when he did not appear, or could not clear himself, the cause
was transferred to the Secret Court. We shall now consider the whole
procedure specially.
The summons was at the expense of the accuser; it was to be written on
good new parchment, without any erasures, and sealed with at least seven
seals, to wit, those of the count and of six assessors. The seals of the
different courts were different. The summonses varied according to
whether the accused was a free-count, a free-schöppe, or one of the
ignorant and uninitiated, a community, a noth-schöppe, or a mere
vagabond. In all cases they were to be served by schöppen. They were to
have on them the name of the count, of the accuser, and of the accused,
the charge, and the place where the court was to be holden. The
stuhlherr was also to be previously informed of it.
For a good and legal service it was requisite that two schöppen should
either serve the accused personally or leave the summons openly or
clandestinely at his residence, or at the place where he had taken
refuge. If he did not appear to answer the charge within six weeks and
three days, he was again summoned by four persons. Six weeks was the
least term set for appearing to this summons, and it was requisite that
a piece of imperial coin should be given with it. Should he still
neglect appearing, he was summoned for the third and last time by six
schöppen and a count, and the term set was six weeks and three days as
before.
If the accused was not merely initiated but also a count, he was treated
with corresponding respect. The first summons was served by seven
schöppen, the second by fourteen and four counts, and the third by
twenty-one and six counts.
The uninitiated, whether bond or free, did not share in the preceding
advantages. The summons was served on themselves, or at their residence,
by a messenger, and only once. There is some doubt as to the period set
for their appearance, but it seems to have been in general the ordinary
one of six weeks and three days.
Public-domain text, read in full here on John Shaqi.
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