CHAPTER VI.

The Emperor Lewis the Bavarian-Charles IV.--Wenceslaus -Rupertian Reformation-Encroachments of the Fehmcourts-Case of Nickel Weller and the town of GörlitzOf the City of Dantzig-Of Hans David and the Teutonic Knights-Other instances of the presumption of the Freecounts-Citation of the Emperor Frederic III.—Case of the Count of Teckenburg.

THE history of the Fehm-gerichte, previous to the fifteenth century, offers but few events to detain atattention. The Emperor Lewis the Bavarian appears to have exerted his authority on several occasions in granting privileges in Westphalia according, as it is expressly stated, to the Fehm-law. His successor, the luxurious Charles IV., acted with the same caprice respecting the Fehm-tribunals as he did in every thing else, granting privileges and revoking them just as it seemed to accord with his interest at the moment. This monarch attempted also to extend the Fehm-system beyond Westphalia, deeming it perhaps a good mean for bringing all Germany under the authority of his patrimonial kingdom of Bohemia. He therefore gave permission to the Bishop of Hildesheim to erect two Free-tribunals out of Westphalia. On the representations of the Archbishop of Cologne and the lords of Westphalia, however, he afterwards abolished them.

Wenceslaus, the son of Charles, acted with his usuai folly in the case of the Fehm-tribunals; he is said, as he could keep nothing secret, to have blabbed their

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private sign, and he took on him to make frei-schöppen, contrary to the law, out of Westphalia. These schöppen of the emperor's making did not, however, meet with much respect from the genuine ones, as the answer given to the Emperor Rupert by the Westphalian tribunals evinces. On his asking how they acted with regard to such schöppen, their reply was, "We ask them at what court they were made schöppen. Should it appear that they were made schöppen at courts which had no right so to do, we hang them, in case of their being met in Westphalia, on the instant, without any mercy." Wenceslaus, little as he cared about Germany in general, occasionally employed the Fehm-courts for the furtherance of his plans, and, in the year 1389, he had Count Henry of Wernengerode tried and hanged for treason by Westphalian schöppen. The reign of Wenceslaus is particularly distinguished by its being the period in which the Archbishop of Cologne arrived at the important office of lieutenant of the emperor over all the Westphalian tribunals.

The reign of Rupert was, with respect to the Westphalian Fehm-courts, chiefly remarkable by the reformation of them named from him. This reformation, which is the earliest publicly-accredited source from which a knowledge of the Fehm-law can be derived, was made in the year 1404. It is a collection of decisions by which the rights and privileges of a king of the Romans are ascertained with respect to these tribunals.

The Rupertian reformation, and the establishment of the office of lieutenant in the person of the Archbishop of Cologne, which was completed by either Rupert, or his successor Sigismund, form together an epoch in the history of the Fehm-gerichte. Hitherto Westphalia alone was the scene of their operations, and their authority was of evident advantage to the

empire. Their power had now attained its zenith; confidence in their strength led them to abuse it; and, during the century which elapsed between the Rupertian reformation and the establishment of the Perpetual Public Peace and the Imperial Chamber by the Emperor Maximilian, we shall have to contemplate chiefly their abuses and assumptions.

The right of citation was what was chiefly abused by the Free-courts. Now that they were so formally acknowledged to act under the imperial authority, they began to regard Westphalia as too narrow a theatre for the display of their activity and their power. As imperial commissioners, they maintained that their jurisdiction extended to every place which acknowledged that of the emperor's, and there was hardly a corner of Germany free from the visits of their messengers; nay, even beyond the limits of the empire men trembled at their citations.

It was chiefly the towns which were harassed by these citations, which were frequently issued at the instance of persons whom they had punished or expelled for their misdeeds. Their power and consequence did not protect even the greatest: we find, during the fifteenth century, some of the principal cities of the empire summoned before the tribunals of Westphalian counts. Thus in the records of those times we read of citations served on Bremen, Lübeck, Augsburg, Nuremberg, Erfurt, Görlitz, and Dantzig. Even Prussia and Livonia, then belonging to the order of the Teutonic knights, were annoyed by their interference.

One of the most remarkable cases which this period presents is that of the uneasiness caused to the town of Görlitz by means of one of its inhabitants named Nickel Weller. This man, who was a Westphalian schöppe, was accused of having disinterred an unchristened child, and of having made

a candle of the bone of its arm, which he had filled with the wax of an Easter-taper and with incense, and of having employed it in a barn in presence of his mother, his wife, and an old peasant, for magical purposes. As he could not deny the fact, he was, according to the law of those times, liable to be hanged; but the high-bailiff of Stein, and some other persons of consequence, interfering in his favour, the magistrates contented themselves with expelling him the town and confiscating his goods. As it afterwards proved, they would have acted more wisely had they condemned him to perpetual imprisonment.

Weller immediately repaired to Bresslau, and besought the council, the Bishop of Waradein, and the imperial chancellor, to advocate his cause. They acceded to his desire; but the magistrates of Görlitz perfectly justified their conduct. Weller, still indisposed to rest, applied to the pope, Innocent VIII., asserting that he could not to any purpose bring an accusation against the council of Görlitz within the town of the diocese of Meissen, and that he had no chance of justice there. The pope forthwith named John de' Medici and Dr. Nicholas Tauchen of Bresslau spiritual commissioners in this affair, and these desired the high-bailiff of Stein to do his best that Weller should recover his rights within the space of a month, on his taking his oath to the truth of his statements, otherwise they should be obliged themselves to take measures for that purpose.

From some unassigned cause, however, nothing came of this, and Weller once more addressed himself to the pope, with whom the Bishop of Ostia became his advocate. He was re-admitted into the bosom of the Church; but the decree of the magistracy of Görlitz still remained in force, and the new commissioners appointed by the pope even confirmed it.

Finding that he had nothing to expect from papal

interference, Weller had at last recourse to the Fehmtribunals, and on the 3d May, 1490, John of Hulschede, count of the tribunal at Brackel, cited the burgomasters, council, and all the lay inhabitants of Görlitz above the age of eighteen years, before his tribunal. This summons was served in rather a remarkable manner, for it was found fastened to a twig on a hedge, on a farm belonging to a man named Wenzel Emmerich, a little distance from the town.

As by the Golden Bull of the Emperor Charles IV., and moreover by a special privilege granted by Sigismund, Görlitz was exempted from all foreign jurisdiction, the magistracy informed Vladislaus, King of Bohemia, of this citation, and implored his mediation. The Bohemian monarch accordingly addressed himself to the tribunal at Brackel, but George Hackenberg, who was at that time the free-count of that court, Hulschede being dead, did not even deign to give him an answer.

Meanwhile the appointed period had elapsed without the people of Görlitz having appeared to the summons, and Weller, charging them with disobedience and contempt of court, prayed that they might be condemned in all the costs and penalties thereby incurred, and that he might be himself permitted to proceed with his complaint. To this end he estimated the losses and injuries which he had sustained at 500 Rhenish florins, and made a declaration to that effect on oath, with two joint-swearers. He was accordingly authorised by the court to indemnify himself in any manner he could at the expense of the people of Görlitz. It was farther added that, if any one should impede Weller in the prosecution of his rights, that person should ipso facto fall under the heavy displeasure of the empire and the pains and penalties of the tribunal at Brackel, and be moreover obliged to pay all the costs of the accuser.