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.
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.