Secret Societies of the Middle Ages

by Thomas Keightley

When the bell had tolled three times all who had assembled accompanied the council, through the gate of St. Peter, out of the town to what was called the Fehm-ditch. Here they separated; the council took their station on the space between the ditch and the town-gate, the citizens stood at the other side of the ditch. The Fehmenotes now mingled themselves among the townsmen, inquired after such offences as were not yet come to their knowledge, and communicated whatever information they obtained, and also their former discoveries (if they had not had time to do so in the night) to the clerk, to be put by him into proper form and laid before the council.

The clerk having delivered his protocol to the council, they examined it and ascertained which of the offences contained in it were to be brought before a Fehm-court, and which not; for matters under the value of four shillings did not belong to it. The council then handed the protocol back to the clerk, who went with it to the Fehm-court, which now took its seat in presence of a deputation of the council.

Those on whom theft had been committed were first brought forward and asked if they knew the thief. If they replied in the negative, they were obliged to swear by the saints to the truth of their answer; if they named an individual, and that it was the first charge against him, he was permitted to clear himself by oath; but if there was a second charge against him, his own oath was not sufficient, and he was obliged to bring six compurgators to swear along with him. Should there be a third charge, his only course was to clear himself by the ordeal. He was forthwith to wash his hand in water, and to take in it a piece of glowing-hot iron, which the beadles and executioners had always in readiness on the left of the tribunal, and to carry it a distance of nine feet. The Fehm-count, according to ancient custom, chose whom he would to find the verdict. The council could dissolve the court whenever they pleased. Such causes as had not come on, or were put off on account of sickness, or any other just impediment, were, on such occasions, noted and reserved for another session.

It is evident, however, that this municipal court, of which the chief object was the punishment of theft, the grand offence of the middle ages, though called a Fehm-court, was widely different from those of the same name in Westphalia.

The Tribunal of the Knowing (Gericht der Wissenden), in Tyrol, has also been erroneously supposed to be the same with the Westphalian courts. The mode of procedure in this was for the accuser to lay his finger on the head of the accused, and swear that he knew him to be an infamous person, while six reputable people, laying their fingers on the arm of the accuser, swore that they knew him to have sworn truly and honestly. This was considered sufficient evidence against any person, and the court proceeded to judgment on it.

The ideal Fehm-court beneath the castle of Baden must not be passed over without notice, as it seems to be the model after which our popular novelist described his Fehm-tribunal in Switzerland! A female writer in Germany[128] informs us that beneath the castle of Baden the vaults extend to a considerable distance in labyrinthine windings, and were in former times appropriated to the secret mysteries of a Fehm-tribunal. Those who were brought before this awful tribunal were not conducted into the castle-vaults in the usual way; they were, lowered into the gloomy abyss by a cord in a basket, and restored to the light, if so fortunate as to be acquitted, in the same manner; so that they never could, however inclined, discover where they had been. The ordinary entrance led through a long dark passage, which was closed by a door of a single stone as large as a tombstone. This door revolved on invisible hinges, and fitted so exactly, that when it was shut the person who was inside could not distinguish it from the adjoining stones, or tell where it was that he had entered. It could only be opened on the outside by a secret spring. Proceeding along this passage you reached the torture-room, where you saw hooks in the wall, thumb-screws, and every species of instruments of torture. A door on the left opened into a recess, the place of the Maiden's Kiss. When any person who had been condemned was led hither, a stone gave way under his feet, and he fell into the arms of the Maiden, who, like the wife of Nabis, crushed him to death in her arms, which were thick set with spikes. Proceeding on farther, after passing through several doors, you came to the vault of the Tribunal. This was a long spacious quadrangle hung round with black. At the upper end was a niche in which were an altar and crucifix. In this place the chief judge sat; his assessors had their seats on wooden benches along the walls.

We need not to observe how totally different from the proceedings of a genuine Fehm-tribunal is all this. That there are vaults under the castle of Baden is certain, and the description above given is possibly correct. But the Fehm-court which was held in them is the mere coinage of the lady's brain, and utterly unlike any thing real, unless it be the Holy Office, whose secret proceedings never could vie in justice or humanity with those of the Westphalian Fehm-courts. It is, moreover, not confirmed by any document, or even by the tradition of the place, and would be undeserving of notice were it not for the reason assigned above.

The similarity between the Fehm-courts and the Inquisition has been often observed. In the secrecy of their proceedings, and the great number of agents which they had at their devotion, they resemble each other; but the Holy Office had nothing to correspond to the public and repeated citations of the Fehm-courts, the fair trial given to the accused, the leaning towards mercy of the judges, and the right of appeal which was secured.

The most remarkable resemblance to the Fehm-tribunals is (or was) to be found among the negroes on the west coast of Africa, as they are described by a French traveller[129]. These are the Purrahs of the Foollahs, who dwell between Sierra Leone river and Cape Monte.

There are five tribes of this people, who form a confederation, at the head of which is a union of warriors, which is called a Purrah. Each tribe has its own separate Purrah, and each Purrah has its chiefs and its tribunal, which is, in a more restricted sense, also called a Purrah. The general Purrah of the confederation is formed from the Purrahs of the five tribes.