Secret Societies of the Middle AgesKeightley, Thomas
History
Secret Societies of the Middle Ages
Keightley, Thomas
Secret societies
The emperor, even when the imperial authority was at the lowest, was
regarded in Germany as the fountain of judicial authority. The right of
passing capital sentence in particular was considered to emanate either
mediately or immediately from him. The Fehm-courts were conspicuous for
their readiness to acknowledge him as the source of their authority, and
all their decrees were pronounced in his name.
As superior lord and judge of all the counts and tribunals, the emperor
had a right of inspection and reformation over them. He could summon and
preside in a general chapter; he might enter any court; and the
presiding count was obliged to give way and allow him to preside in his
stead. He had the power to make new schöppen, provided he did so on
Westphalian soil. Every schöppe was moreover bound to give a true answer
to the emperor when he asked whether such a one was _forfehmed_ or not,
and in what court. He could also depose disobedient counts, but only in
Westphalia.
The emperor could even withdraw a cause out of the hands of the
tribunals. The right of appeal to him has been already noticed; but,
besides this, he had a power of forbidding the count to proceed in the
cause when the accused offered himself to him _for honour and right_;
and it was at his own risk then that the count proceeded any further in
the business. The emperor could also grant a safe-conduct to any person
who might apply for it under apprehension of having been _forfehmed_,
which safe-conduct the schöppen dared not violate. Even when a person
had been _forfehmed_, the emperor could save him by issuing his command
to stay execution of the sentence for a hundred years, six weeks, and a
day.
It is plain, that, to be able to exercise these rights, the emperor must
be himself _initiated_, for otherwise he could not, for instance, appear
where a court was sitting, make alterations in laws with which, if
_ignorant_, he must necessarily be unacquainted, or extend mercy when he
could not know who was _forfehmed_ or not. In the laws establishing the
rights of the emperor it was therefore always inserted, _provided he be
initiated_, and the acts of uninitiated emperors were by the Fehm-courts
frequently declared invalid. The emperor had, therefore, his choice of
setting a substitute over the Fehm-courts, or of being himself
initiated. The latter course was naturally preferred, and each emperor,
at his coronation at Aix-la-Chapelle, was initiated by the hereditary
Count of Dortmund. Though Aix-la-Chapelle was not in Westphalia, the law
sanctioned this departure from the general rule that frei-schöppen
should only be made in that country.
Public-domain text, read in full here on John Shaqi.
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