Chapter V.
Fehm-courts at Celle—At Brunswick—Tribunal of the Knowing in the Tyrol—The Castle of Baden—African Purrahs.
We have now gone through the constitution and modes of procedure of the Fehm-tribunals of Westphalia, as far as the imperfect notices of them which have reached the present age permit. It remains to trace their history down to the last vestiges of them which appear. A matter of some curiosity should, however, be previously touched on, namely, how far they were peculiar to Westphalia, and what institutions resembling them may be elsewhere found.
Fehm-tribunals were, in fact, as we have already observed, not peculiar to Westphalia. In a MS. life of Duke Julius of Celle, by Francis Algermann[126], of the year 1608, we read the following description of a Fehm-court, which the author remembered to have seen holden at Celle in his youth:—
"When the Fehm-law[127] was to be put in operation, all the inhabitants of the district who were above twelve years of age were obliged to appear, without fail, on a heath or some large open place, and sit down on the ground. Some tables were then set in the middle of the assembly, at which the prince, his councillors, and bailiffs, took their seats. The Secret Judges then reported the delinquents and the offences; and they went round with a white wand and smote the offenders on the legs. Whoever then had a bad conscience, and knew himself to be guilty of a capital offence, was permitted to stand up and to quit the country within a day and a night. He might even wait till he got the second blow. But if he was struck the third time, the executioner was at hand, a pastor gave him the sacrament, and away with him to the nearest tree.
"But if a person was struck but once or twice, that was a paternal warning to him to amend his life thenceforward. Hence it was called Jus Veniæ, because there was grace in it, which has been corrupted and made Vim-richt."
There were similar courts, we are told, at places named Wölpe and Rotenwald. Here the custom was for the Secret Judges, when they knew of any one having committed an offence which fell within the Fehm-jurisdiction, to give him a private friendly warning. To this end they set, during the night, a mark on his door, and at drinking-parties they managed to have the can sent past him. If these warnings took no effect the court was held.
According to an ancient law-book, the Fehm-court at Brunswick was thus regulated and holden. Certain of the most prudent and respectable citizens, named Fehmenotes, had the secret duty of watching the conduct of their fellow-citizens and giving information of it to the council. Had so many offences been committed that it seemed time to hold a Fehm-court, a day was appointed for that purpose. Some members of the council from the different districts of the town met at midnight in St. Martin's churchyard, and then called all the council together. All the gates and entrances of the town were closed; all corners and bridges, and the boats both above and below the town, were guarded. The Fehm-clerk was then directed to begin his office, and the Fehmenotes were desired to give their informations to him to be put into legal form if the time should prove sufficient.
At daybreak it was notified to the citizens that the council had resolved that the Fehm-court should be holden on this day, and they were directed to repair to the market-place as soon as the tocsin sounded.