Chapter 30

The secret tribunal of Westphalia, which held its sittings and passed sentence in private, and which carried out its decrees on the spot, and whose rules, laws, and actions were enveloped in deep mystery, must unquestionably be looked upon as one of the most remarkable institutions of the Middle Ages.

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 It is only mentioned, and then cursorily, in historical documents towards the early part of the fifteenth century.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.

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.

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.

It has been erroneously stated that the sittings of the Vehmic tribunals were held at night in the depths of forests, or in subterranean places; but it appears that all criminal business was first heard in public, and could only be subjected to a secret judgment when the accused had failed either publicly to justify himself or to appear in person.

When three free judges caught a malefactor in the very act, they could seize him, judge him, and inflict the penalty on the spot. In other cases, when a tribunal considered that it should pursue an individual, it summoned him to appear before it. The summons had to be written, without erasures, on a large sheet of vellum, and to bear at least seven seals--that of the free count, and those of six free judges; and these seals generally represented either a man in full armour holding a sword, or a simple sword blade, or other analagous emblems (Figs. 325 to 327). Two free judges delivered the summons personally where a member of the association was concerned; but if the summons affected an individual who was not of the Vehmic order, a sworn messenger bore it, and placed it in the very hands of the person, or slipped it into his house. The time given for putting in an appearance was originally six weeks and three days at least, but at a later period this time was shortened. The writ of summons was repeated three times, and each time bore a greater number of seals of free judges, so as to verify the legality of the instrument. The accused, whether guilty or not, was liable to a fine for not answering the first summons, unless he could prove that it was impossible for him to have done so. If he failed to appear on the third summons, he was finally condemned _en corps et en honneur_.

We have but imperfect information as to the formalities in use in the Vehmic tribunals. But we know that the sittings were invested with a certain solemnity and pomp. A naked sword--emblematical of justice, and recalling our Saviour's cross in the shape of its handle--and a rope--emblematical of the punishment deserved by the guilty--were placed on the table before the president. The judges were bareheaded, with bare hands, and each wore a cloak over his shoulder, and carried no arms of any sort.

The plaintiff and the defendant were each allowed to produce thirty witnesses. The defendant could either defend himself, or entrust his case to an advocate whom he brought with him. At first, any free judge being defendant in a suit, enjoyed the privilege of justifying himself on oath; but it having been discovered that this privilege was abused, all persons, of whatever station, were compelled to be confronted with the other side. The witnesses, who were subpoened by either accuser or accused, had to give their evidence according to the truth, dispassionately and voluntarily. In the event of the accused not succeeding in bringing sufficient testimony to clear himself, the prosecutor claimed a verdict in his favour from the free count presiding at the tribunal, who appointed one of the free judges to declare it. In case the free judge did not feel satisfied as to the guilt, he could, by making oath, temporarily divest himself of his office, which devolved upon a second, a third, or even a fourth free judge. If four free judges were unable to decide, the matter was referred to another sitting; for judgment had to be pronounced by the appointed free judge at the sitting.

The various penalties for different crimes were left to the decision of the tribunal. The rules are silent on the subject, and simply state that the culprits will be punished "according to the authority of the secret bench." The _royale, i.e._ capital punishment, was strictly applied in all serious cases, and the manner of execution most in use was hanging (Figs. 329, 330).

A person accused who did not appear after the third summons, was out-lawed by a terrible sentence, which deprived him of all rights, of common peace, and forbad him the company of all Christians; by the wording of this sentence, his wife was looked upon as a widow, his children as orphans; his neck was abandoned to the birds of the air, and his body to the beasts of the field, "but his soul was recommended to God." At the expiration of one year and a day, if the culprit had not appeared, or had not established his common rights, all his goods were confiscated, and appropriated by the King or Emperor. When the condemnation referred to a prince, a town, or a corporation (for the accusations of the tribunal frequently were issued against groups of individuals), it caused the loss of all honour, authority, and privileges. The free count, in pronouncing the sentence, threw the rope, which was before him, on to the ground; the free judges spat upon it, and the name of the culprit was inscribed on the book of blood. The sentence was kept secret; the prosecutor alone was informed of it by a written notice, which was sealed with seven seals. When the condemned was present, the execution took place immediately, and, according to the custom of the Middle Ages, its carrying out was deputed to the youngest of the free judges. The members of the Vehmic association enjoyed the privilege of being hung seven feet higher than those who were not associates.

The Vehmic judgments were, however, liable to be appealed against: the accused might, at the sitting, appeal either to what was termed the imperial chamber, a general chapter of the association, which assembled at Dortmund, or (and this was the more frequent custom) to the emperor, or ruler of the country, whether he were king, prince, duke, or bishop, provided that these authorities belonged to the association. The revision of the judgment could only be entrusted to members of the tribunal, who, in their turn, could only act in Westphalia. The condemned might also appeal to the lieutenant-general of the emperor, or to the grand master of the Holy Vehme, a title which, from the remotest times, was given to the Archbishop of Cologne. There are even instances of appeals having been made to the councils and to the Popes, although the Vehmic association never had any communication or intercourse with the court of Rome. We must not forget a very curious privilege which, in certain cases, was left to the culprit as a last resource; he might appeal to the emperor, and solicit an order which required the execution of the sentence to be applied after a delay _of one hundred years, six weeks, and one day_.

The chapter-general of the association was generally summoned once a year by the emperor or his lieutenant, and assembled either at Dortmund or Arensberg, in order to receive the returns of causes judged by the various Vehmic tribunals; to hear the changes which had taken place among the members of the order; to receive the free judges; to hear appeals; and, lastly, to decide upon reforms to be introduced into the rules. These reforms usually had reference to the connection of imperial authority with the members of the secret jurisdiction, and were generally suggested by the emperors, who were jealous of the increasing power of the association.

From what we have shown, on the authority of authentic documents, we understand how untrue is the tradition, or rather the popular idea, that the _Secret Tribunal_ was an assembly of bloodthirsty judges, secretly perpetrating acts of mere cruelty, without any but arbitrary laws. It is clear, on the contrary, that it was a regular institution, having, it is true, a most mysterious and complex organization, but simply acting in virtue of legal prescriptions, which were rigorously laid down, and arranged in a sort of code which did honour to the wisdom of those who had created it.

It was towards the end of the fourteenth and the beginning of the fifteenth centuries that the Vehmic jurisdiction reached its highest degree of power; its name was only pronounced in a whisper and with trembling; its orders were received with immediate submission, and its chastisements always fell upon the guilty and those who resisted its authority. There cannot be a doubt but that the Westphalian tribunal prevented many great crimes and public misfortunes by putting a wholesome check on the nobles, who were ever ready to place themselves above all human authority; and by punishing, with pitiless severity, the audacity of bandits, who would otherwise have been encouraged to commit the most daring acts with almost the certainty of escaping with impunity. But the Holy Vehme, blinded by the terror it inspired, was not long without displaying the most extravagant assumption of power, and digressing from the strict path to which its action should have been confined. It summoned before its tribunals princes, who openly denied its authority, and cities, which did not condescend to answer to its behests. In the fifteenth century, the free judges were composed of men who could not be called of unimpeachable integrity; many persons of doubtful morals having been raised to the dignity by party influence and by money. The partiality and the spirit of revenge which at times prompted their judgments, were complained of; they were accused of being open to corruption; and this accusation appears to have been but too well founded. It is known that, according to a feudal practice established in the Vehmic system, every new free judge was obliged to make a present to the free count who had admitted him into the order; and the free counts did not hesitate to make this an important source of revenue to themselves by admitting, according to an historian, "many people as _judges_ who, in reality, deserved to be _judged_."

Owing to the most flagrant and most insolent abuses of power, the ancient authority of the institution became gradually more and more shaken. On one occasion, for instance, in answer to a summons issued by the Imperial Tribunal against some free judges, the tribunal of the Terre-Rouge had the daring to summon the Emperor Frederick III. before it to answer for this want of respect. On another occasion, a certain free count, jealous of one of his associates, hung him with his own hands while out on a hunting excursion, alleging that his rank of free judge authorised him to execute summary justice. From that time there was a perpetual cry of horror and indignation against a judicial institution which thus interpreted its duties, and before long the State undertook the suppression of these secret tribunals. The first idea of this was formed by the electors of the empire at the diet of Trèves in 1512. The Archbishop of Cologne succeeded, however, in parrying the blow, by convoking the chapter-general of the order, on the plea of the necessity of reform. But, besides being essentially corrupt, the Holy Vehme had really run its course, and it gradually became effete as, by degrees, a better organized and more defined social and political state succeeded to the confused anarchy of the Middle Ages, and as the princes and free towns adopted the custom of dispensing justice either in person or through regular tribunals. Its proceedings, becoming more and more summary and rigorous, daily gave rise to feelings of greater and greater abhorrence. The common saying over all Germany was, "They first hang you, and afterwards inquire into your innocence." On all sides opposition arose against the jurisdiction of the free judges. Princes, bishops, cities, and citizens, agreed instinctively to counteract this worn-out and degenerate institution. The struggle was long and tedious. During the last convulsions of the expiring Holy Vehme, there was more than one sanguinary episode, both on the side of the free judges themselves, as well as on that of their adversaries. Occasionally the secret tribunal broke out into fresh signs of life, and proclaimed its existence by some terrible execution; and at times, also, its members paid dearly for their acts. On one occasion, in 1570, fourteen free judges, whom Kaspar Schwitz, Count of Oettingen, caused to be seized, were already tied up in bags, and about to be drowned, when the mob, pitying their fate, asked for and obtained their reprieve.

The death-blow to the Vehmic tribunal was struck by its own hand. It condenmed summarily, and executed without regular procedure, an inhabitant of Munster, who used to scandalize the town by his profligacy. He was arrested at night, led to a small wood, where the free judges awaited him, and condemned to death without being allowed an advocate; and, after being refused a respite even of a few hours, that he might make his peace with heaven, he was confessed by a monk, and his head was severed from his body by the executioner on the spot.

Dating from this tragical event, which excited universal indignation, the authority of the free judges gradually declined, and, at last, the institution became almost defunct, and merely confined itself to occasionally adjudicating in simple civil matters.

We must not omit to mention the Council of Ten of Venice when speaking on the subject of arbitrary executions and of tyrannical and implacable justice. In some respects it was more notorious than the Vehmic tribunal, exercising as it did a no less mysterious power, and inspiring equal terror, though in other countries.

This secret tribunal was created after a revolt which burst on the republic of Venice on the 15th of June, 1310. At first it was only instituted for two months, but, after various successive prorogations, it was confirmed for five years, on the 31st of January, 1311. In 1316 it was again appointed for five years; on the 2nd of May, 1327, for ten years more; and at last was established permanently. In the fifteenth century the authority of the Council of Ten was consolidated and rendered more energetic by the creation of the Inquisitors of State. These were three in number, elected by the Council of Ten; and the citizens on whom the votes fell could not refuse the functions which were thus spontaneously, and often unexpectedly, assigned to them. The authority of Inquisitors of State was declared to be "unlimited."

In order to show the power and mode of action of this terrible tribunal, it is perhaps better to make a few extracts from the code of rules which it established for itself in June, 1454.

This document--several manuscript copies of which are to be found in the public libraries of Paris--says, "The inquisitors may proceed against any person whomsoever, no rank giving the right of exemption from their jurisdiction. They may pronounce any sentence, even that of death; only their final sentences must be passed unanimously. They shall have complete charge of the prisons and _the leads_ (Fig. 333). They may draw at sight from the treasury of the Council of Ten, without having to give any account of the use made of the funds placed in their hands.

"The proceedings of the tribunal shall always be secret; its members shall wear no distinctive badge. No open arrests shall be made. The chief of the bailiffs (_sbirri_) shall avoid making domiciliary arrests, but he shall try to seize the culprit unawares, away from his home, and so securely get him under _the leads_ of the Palace of the Doges. When the tribunal shall deem the death of any person necessary, the execution shall never be public; the condemned shall be drowned at night in the Orfano Canal.