It would be difficult to state exactly at what period this formidable institution was established. A few writers, and amongst these Sebastian Munster, wish us to believe that it was founded by Charlemagne himself. They affirm that this monarch, having subjugated the Saxons to his sway, and having forced them to be baptized, created a secret tribunal, the duties of which were to watch over them, in order that they might not return to the errors of Paganism. However, the Saxons were incorrigible, and, although Christians, they still carried on the worship of their idols (Figs. [319 and 320]); and, for this reason, it is said by these authorities that the laws of the tribunal of Westphalia were founded by Charlemagne. It is well known that from the ninth to the thirteenth century, all that part of Germany between the Rhine and the Weser suffered under the most complete anarchy. In consequence of this, and of the increase of crime which remained unpunished, energetic men established a rigorous jurisdiction, which, to a certain extent, suppressed these barbarous disorders, and gave some assurance to social intercourse; but the very mystery which gave weight to the institution was the cause of its origin being unknown. It is only mentioned, and then cursorily, in historical documents towards the early part of the fifteenth century. This court of judicature received the name of Femgericht, or Vehmgericht, which means Vehmic tribunal. The origin of the word Fem, Vehm, or Fam, which has given rise to many scientific discussions, still remains in doubt. The most generally accepted opinion is, that it is derived from a Latin expression--vemi (vae mihi), "woe is me!"

The special dominion over which the Vehmic tribunal reigned supreme was Westphalia, and the country which was subjected to its laws was designated as the Terre Rouge. There was no assembly of this tribunal beyond the limits of this Terre Rouge, but it would be quite impossible to define these limits with any accuracy. However, the free judges, assuming the right of suppressing certain crimes committed beyond their territory, on more than one occasion summoned persons living in various parts of Germany, and even in provinces far from Westphalia, to appear before them. We do not know all the localities wherein the Vehmic tribunal sat; but the most celebrated of them, and the one which served as a model for all the rest, held its sittings under a lime-tree, in front of the castle-gate of Dortmund ([Fig. 321]). There the chapters-general of the association usually assembled; and, on certain occasions, several thousands of the free judges were to be seen there.

Each tribunal was composed of an unlimited number of free judges, under the presidency of a free count, who was charged with the higher administration of Vehmic justice. A free county generally comprised several free tribunals, or friestuhle. The free count, who was chosen by the prince of the territory in which the tribunal sat, had two courts, one secret, the other public. The public assizes, which took place at least three times a year, were announced fourteen days beforehand, and any person living within the county, and who was summoned before the free count, was bound to appear, and to answer all questions which might be put to him. It was required that the free judges (who are generally mentioned as femnoten--that is to say, sages--and who are, besides, denoted by writers of the time by the most honourable epithets: such as, "serious men," "very pious," "of very pure morals," "lovers of justice," &c.) should be persons who had been born in lawful wedlock, and on German soil; they were not allowed to belong to any religions order, or to have ever themselves been summoned before the Vehmic tribunal. They were nominated by the free counts, but subject to the approval of their sovereigns. They were not allowed to sit as judges before having been initiated into the mysteries of the tribunals.

[Fig. 321.]--View of the Town of Dortmund in the Sixteenth Century.--From an Engraving on Copper in P. Bertius's "Theatrum Geographicum."

The initiation of a free judge was accompanied by extraordinary formalities. The candidate appeared bareheaded; he knelt down, and, placing two fingers of his right hand on his naked sword and on a rope, he took oath to adhere to the laws and customs of the holy tribunal, to devote his five senses to it, and not to allow himself to be allured therefrom either by silver, gold, or even precious stones; to forward the interests of the tribunal "above everything illumined by the sun, and all that the rain reaches;" and to defend them "against everything which is between heaven and earth." The candidate was then given the sign by which members of the association recognised each other. This sign has remained unknown; and nothing, even in the deeds of the Vehmic archives, leads one even to guess what it was, and every hypothesis on this subject must be looked upon as uncertain or erroneous. By one of the fundamental statutes of the Terre Rouge, a member convicted of betraying the secrets of the order was condemned to the most cruel punishment; but we have every reason for asserting that this sentence was never carried out, or even issued against a free judge.

[Fig. 322.]--The Landgrave of Thuringia and his Wife.--Fac-simile of a Miniature in the Collection of the Minnesinger, Manuscript of the Fourteenth Century.

In one case alone during the fourteenth century, was an accusation of this sort made, and that proved to be groundless.

It would have been considered the height of treason to have given a relation, or a friend, the slightest hint that he was being pursued, or that he had been condemned by the Holy Vehme, in order that he might seek refuge by flight. And in consequence of this, there was a general mistrust of any one belonging to the tribunal, so much so that "a brother," says a German writer, "often feared his brother, and hospitality was no longer possible."

The functions of free judges consisted in going about the country seeking out crimes, denouncing them, and inflicting immediate punishment on any evil-doer caught in the act (Figs. [323 and 324]). The free judges might assemble provided there were at least seven in number to constitute a tribunal; but we hear of as many as three hundred assisting at a meeting.

Figs. [323 and 324].--Free Judges.--Fac-simile of two Woodcuts in the "Cosmographie Universelle" of Munster: in folio, 1552.