rade Paul Frankleuen, and the Count Mangolt, were condemned to perpetual silence, and to payment of the sum of 6,000 Rhenish florins to the order, and, in case of disobedience, they were declared to be outlawed. All this, however, did not yet avail, and two years afterwards Jossi was obliged to apply to the emperor for the aid of the temporal arm for the execution of the sentence. The chaplain of the order at Vienna also found that Hans David had still the art to deceive many and gain them over to his cause, and he accordingly took care to have the whole account of his conduct posted up on the church-doors.

Still the unwearied Hans David did not rest. He now went to the Free-tribunal at Waldeck, and had the art to deceive the count by his false representations. He assured him that the order had offered him no less than 15,000 florins and an annuity, if he would let his action drop; that they would have been extremely well content if he had escaped out of prison at Cologne, but that he preferred justice and truth to liberty. The order however succeeded here again in detecting and exposing his arts, and the count honestly confessed that he had been deceived by him. He cast him off forthwith, and Hans David, ceasing to annoy the order, devoted himself to astrology and conjuring for the rest of his days*. He had, however, caused othe rder abundance of

The following is one of his predictions, delivered by him, under the name of Master Von Dolete, in the year 1457: "In the ensuing month, September, the sun will appear like a black dragon; cruel winds will blow, the sea will roar, and men will be knocked to pieces by the wind. The sun will then be turned to blood; that betokeneth war in the East and West. A mighty emperor will die; the earth will quake, and few men will remain alive. Wherefore secure your houses and chambers; lay up provisions for thirty days in caverns," &c., &c. The arts of knaves and the language of impostors are the same in all ages and countries.

uneasiness and expense. Existing documents prove that this affair cost them no less than upwards of 1580 ducats, and 7000 florins, which must be in a great measure ascribed to the secret machinations of the Free-tribunals, anxious to depress the Teutonic Knights, who stood in their way.

In 1410 the Wild and Rhein Graf was summoned before the tribunal at Nordernau, and, in 1454, the Duke of Saxony before that at Limburg. The Elector-Palatine found it difficult, in 1448, to defend himself against a sentence passed on him by one of the Fehm-courts. Duke Henry of Bavaria found it necessary, on the following occasion, actually to become a frei-schöppe in order to save himself. One Gaspar, of Torringen, had accused him before the tribunal of Waldeck of “having taken from him his hereditary office of Chief Huntsman; of having seized and beaten his huntsmen and servants, taken his hounds, battered down his castle of Torringen, and taken from his wife her property and jewels, in despite of God, honour, and ancient right." The free-count forthwith cited the duke, who applied to the emperor Sigismund, and procured an inhibition to the count. The duke found it necessary, notwithstanding, to appear before the court; but he adopted the expedient of getting himself made a frei-schöppe, and then, probably in consequence of his rank and influence, procured a sentence to be passed in accordance with his wishes. Gaspar, who was probably an injured man, appealed to the emperor, who referred the matter to the Archbishop of Cologne, and we are not informed how it ended.

But the audacity of the free-counts went so far as even to cite the head of the empire himself before their tribunals. The imperial chancery having, for just and good cause, declared several free-counts and their Tribunal-lord, Walrabe of Waldeck, to be out

lawed, three free-counts had the hardihood, in 1470, to cite the emperor Frederic III., with his chancellor, the Bishop of Passau, and the assessors of the chancery-court, to appear before the free-tribunal between the gates of Wünnenberg in the diocese of Paderborn, "there to defend his person and highest honour under penalty of being held to be a disobedient emperor;" and on his not appearing, they had the impudence to cite him again, declaring that, if he did not appear, justice should take its course. Feeble, however, as was the character of the emperor, he did not give way to such assumptions.

Even robbery and spoliation could find a defence with the Fehm-courts. Towards the end of the thirteenth century a count of Teckenburg plundered and ravaged the diocese of Münster. The bishop assembled his own people and called on his allies to aid him, and they took two castles belonging to the count and pushed him to extremity. To extricate himself he accused the bishop, and all those who were with him, before his Fehm-court, and though there were among them the Bishop of Paderborn, three counts, and several knights, the free-count had the boldness to cite them all to appear and defend their honour. The affair was eventually amicably arranged and the citation recalled.

These instances may suffice to show how far the Fehm-tribunals had departed from the original object of their institution, and how corrupt and iniquitous they were become.

CHAPTER VII.

Cause of the degeneracy of the Fehm-courts-Attempts at reformation-Causes of their high reputation-Case of the Duke of Würtemberg-Of Kerstian Kerkerink-Causes of the decline of the Fehm-jurisdiction.

THE chief cause of the degeneracy of the Fehmcourts was the admission of improper persons into the society. Originally, as we have seen, no man was admitted to become a schöppe without pro ducing satisfactory evidence as to the correctness of his character; but now, in the case of either count or schöppe, a sufficient sum of money availed to supersede inquiry, and the consequence was that men of the most disgraceful characters frequently presided at the tribunals and wielded the formidable powers of the society. A writer in the reign of Sigismund says, "that those who had gotten authority to hang men were hardly deserving enough to keep pigs; that they were themselves well worthy of the gallows if one cast a glance over their course of life; that they left not unobserved the mote in their brother's eye, but overlooked the beam in their own, &c." And it required no small courage in the writer thus to express himself; for, according to his own testimony, people then hardly ventured even to speak of the Secret Tribunals, so great was the awe in which they were held.

The consequence was that justice was not to be had at any tribunal which was presided over by corrupt judges, as they selected assessors, and even by

standers, of the same character with themselves, and whatever verdict they pleased was found. The tribunal-lord generally winked at their proceedings, while the right of appeal to the emperor was treated with little respect; for these monarchs had generally affairs of more immediate importance to themselves to occupy their attention. The right of exemption was also trampled on; sovereign princes were, as we have seen, cited before the tribunals; so also were the Jews. Purely civil matters were now maintained to belong to the Fehm-jurisdiction, and parties in such cases were cited before the tribunals, and forfehmed in case of disobedience. In short, the Fehmjurisdiction was now become a positive evil instead of being, as heretofore, a benefit to the country.

Various attempts were doubtless made to reform the Fehm-law and tribunals, such as the Arensberg reformation, the Osnaburgh regulation, and others, but to little purpose. The system, in fact, was at variance with the spirit which was now beginning to prevail, and could not be brought to accord with it.

Before we proceed to the decline of the society, we will pause a moment to consider the causes of the great reputation and influence which it obtained and exercised during the period in which it flourished.

The first and chief cause was the advantage which it was found to be of for the maintenance of social order and tranquillity. In the very worst and most turbulent times a portion of mankind will always be found desirous of peace and justice, even independently of any private interest; another portion, feeling themselves the victims of oppression, will gladly catch at any hope of protection; even the mighty and the oppressive themselves will at times view with satisfaction any institution which may avail to shield them against power superior to their own, or which they conceive may be made the instrument of ex