Secret Societies of the Middle Ages

by Thomas Keightley

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.

The summons of a town or community was usually addressed to all the male inhabitants. In general some of them were specially named in it; the Arensberg Reformation directed that the names of at least thirty persons should be inserted. The term was six weeks and three days, and those who served the summons were required to be true and upright schöppen.

The noth-schöppe, that is, the person who had surreptitiously become possessed of the secrets of the society, was summoned but once. The usual time was allowed him for appearing to the charge.

Should the accused be a mere vagabond, one who had no fixed residence, the course adopted was to send, six weeks and three days before the day the court was to sit, and post up four summonses at a cross-road which faced the four cardinal points, placing a piece of imperial money with each. This was esteemed good and valid service, and if the accused did not appear the court proceeded to act upon it.

Notwithstanding the privileges which the members of the society enjoyed, and the precautions which were employed to ensure their safety, and moreover the deadly vengeance likely to be taken on any one who should aggrieve them, we are not to suppose the service of a summons to appear before a Fehm-court to have been absolutely free from danger. The tyrannic and self-willed noble, when in his own strong castle, and surrounded by his dependents, might not scruple to inflict summary chastisement on the audacious men who presumed to summon him to answer for his crimes before a tribunal; the magistrates of a town also might indignantly spurn at the citation to appear before a Fehm-court, and treat its messengers as offenders. To provide against these cases it was determined that it should be considered good service when the summons was affixed by night to the gate of a town or castle, to the door of the house of the accused, or to the nearest alms-house. The schöppen employed were then to desire the watchman, or some person who was going by, to inform the accused of the summons being there, and they were to take away with them a chip cut from the gate or door, as a proof of the service for the court.

If the accused was resolved to obey the summons, he had only to repair on the appointed day to the place where the court was to be held, the summons being his protection. Those who would persuade us that the Fehm-courts were held by night in secret places say that the mode appointed for the accused to meet the court was for him to repair three-quarters of an hour before midnight to the next cross-roads, where a schöppe was always waiting for him, who bound his eyes and led him to where the court was sitting. This, however, is all mere fiction; for the place where the court was to be held was expressly mentioned in every summons.

The Fehm-courts (like the German courts in general) were holden on a Tuesday[125]. If on this day the accused, or his attorney, appeared at the appointed place, and no court was holden, the summons abated or lost its force; the same was the case when admission was refused to him and his suite, a circumstance which sometimes occurred. But should he not appear to the first summons, he was fined the first time thirty shillings, the second time sixty, the third time he was forfehmed. The court had however the power of granting a further respite of six weeks and three days previous to passing this last severe sentence. This term of grace was called the King's Dag, or the Emperor Charles's Day of Grace.