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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 Fehmcourts, 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 Fehmtribunals is (or was) to be found among the negroes on the west coast of Africa, as they are described by a French traveller*. 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.

To be a member of the inferior Purrahs, a man must be thirty years of age; no one under fifty can have a seat in the general Purrah. The candidate

* Golberry, Voyage en Afrique, t. i. p. 114, and seq.

for admission into an inferior Purrah has to undergo a most severe course of probation, in which all the elements are employed to try him. Before he is permitted to enter on this course, such of his relatives as are already members are obliged to pledge themselves for his fitness, and to swear to take his life if ever he should betray the secrets of the society. Having passed through the ordeal, he is admitted into the society and sworn to secrecy and obedience. If he is unmindful of his oath, he becomes the child of death. When he least expects it a warrior in disguise makes his appearance and says, "The great Purrah sends thee death." Every one present departs; no one ventures to make any opposition, and the victim falls.

The subordinate Purrahs punish all crimes committed within their district, and take care that their sentences are duly executed. They also settle disputes and quarrels between the leading families.

It is only on extraordinary occasions that the great Purrah meets. It then decides on the punishment of traitors and those who had resisted its decrees. Frequently too it has to interfere to put an end to wars between the tribes. When it has met on this account it gives information to the belligerents, directing them to abstain from hostilities, and menacing death if a drop more of blood should be spilt. It then inquires into the causes of the war, and condemns the tribe which is found to have been the aggressor to a four days' plundering. The warriors to whom the execution of this sentence is committed must, however, be selected from a neutral district. They arm and disguise themselves, put horriblelooking vizards on their faces, and with pitch-torches in their hands set out by night from the place of assembly. Making no delay, they reach the devoted district before the break of day, and in parties of

from forty to sixty men, they fall unexpectedly on the devoted tribe, and, with fearful cries, making known the sentence of the great Purrah, proceed to put it into execution. The booty is then divided: one half is given to the injured tribe, the other falls to the great Purrah, who bestow one half of their share on the warriors who executed their sentence.

Even a single family, if its power should appear to be increasing so fast as to put the society in fear for its independence, is condemned to a plundering by the Purrah. It was thus, though under more specious pretexts, that the Athenian democracy sought to reduce the power of their great citizens by condemning them to build ships, give theatrical exhibitions, and otherwise spend their fortunes.

Nothing can exceed the dread which the Purrah inspires. The people speak of it with terror and awe, and look upon the members of it as enchanters who are in compact with the devil. The Purrah itself is solicitous to diffuse this notion as much as possible, esteeming it a good mean for increasing its power and influence. The number of its members is estimated at upwards of 6000, who recognise each other by certain words and signs. Its laws and secrets are, notwithstanding the great number of the members, most religiously concealed from the knowledge of the uninitiated.

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 usual 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

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