Secret Societies of the Middle AgesKeightley, Thomas
History
Secret Societies of the Middle Ages
Keightley, Thomas
Secret societies
There were, besides the right of appeal, other means of averting the
execution of the sentence of a Fehm-court. Such was what was called
_replacing in the former state_, of which, however, it was only the
initiated who could avail himself. Sentence having been passed on a
person who had not appeared, he might voluntarily and personally repair
to where the secret tribunal was sitting, and sue for this favour. He
was to appear before the court which had passed the sentence,
accompanied by two frei-schöppen, with a halter about his neck, with
white gloves on him, and his hands folded, with an imperial coin and a
green cross in them. He and his companions were then to fall down on
their knees, and pray for him to be placed in the condition which he was
in before the proceedings commenced against him. There was also what was
called the complaint of nullity, in case the prescribed form of the
proceedings had been violated. Some other means shall presently be
noticed.
CHAPTER IV.
The General Chapter--Rights of the Emperor--Of his Lieutenant--Of
the Stuhlherrn, or Tribunal-Lords.
To complete the sketch of the Fehm-tribunals and their proceedings, we
must state the rights and powers of the general chapter and of the
emperor, his lieutenant, and the tribunal-lords.
The general chapter was a general assembly of the Westphalian
tribunal-lords, counts, and schöppen, summoned once a-year by the
emperor or his lieutenant. Every count was bound by oath to appear at
it. It could only be holden in Westphalia, and almost exclusively at
Dortmund or Arensberg. No one could appear at it who was not initiated,
not even the emperor himself. The president was the emperor, if present
and initiated, otherwise the lieutenant or his substitute.
The business of the general chapter was to inquire into the conduct and
proceedings of the different Fehm-courts. The counts were therefore to
give an account of all their proceedings during the past year; to
furnish a list of the names of the schöppen who had been admitted, as
well as of the suits which had been commenced, with the names of the
accusers, the accused, the _forfehmed_, &c. Such counts as had neglected
their duty were deposed by the general chapter.
The general chapter was, as we have above observed, a court of appeal
from all the Fehm-tribunals. In matters of great importance the decrees
of the lower courts were, to give them greater weight, confirmed by the
general chapter. It was finally at the general chapter that all
regulations, laws, and reformations, concerning the Fehm-law and courts,
were made.
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