FEMGERICHTE

FENMGERICHTE or VEHMGERICHTE (fam’ge-rih-te: from O.Ger. fem, punishment, and gericht, a court), criminal courts of Felucca Germany in the Middle Ages, which took the place of the reguiar administration of justice (then fallen into decay), especially in criminal cases. These courts originated and had their chief jurisdiction in Westphalia, and their proceedings were conducted with the most profound secrecy. They seem to have been a survival of old territorial jurisdictions which, on the general distraction and lawle ne prevalent after the fall of Henry the Lion (1182), acquired an extensive and tremendous authority. In proce of time, however, they degenerated, and no longer confined themselves to law and precedent, so that the secrecy in which they enveloped themselves only served as @ cloak to their criminal purposes. The jagrant abuse of their power brought about their fall. In 1461 various princes and cities of Germany, as well as the Swi confederates, united in a league against them, but their influence was not entirely destroyed until an amended form of trial and penal judicature was introduced. The last Femgericht was held at Zell in 1568. 407 FEMINISM The president of the secret tribunal was called the Freigraf, and was generally a prince or count. His a ociates, who concurred in and executed the sentence, were called Freischdffen. These were scattered through ali the provinces of Germany, and recognized one another by certain signs and watchwords. They acknowledged the emperor as their superior, and for this reason generally made him one of their number at his coronation at Aix-la-Chapelle. The a emblies of the tribunal were open or secret. The former were he.d by day, in the open air; the latter by night, in a forest or in concealed ard subterranean places. In these different cases the circumstances of judgment and the proce of trial were erent. The crimes of which the secret tribunal usurped cognizance were heresy, sorcery, rape, theft, robbery, and murder. The accusation was made by one of the Freischéffen, who, without further proof, declared upon oath that the accused had committed the crime. The accused was now thrice summoned to appear before the secret tribunal, and the citation was secretly affixed to the door of his dwellng or some neighbouring place; the accuser remained unknown. J, after the third summons, the accused did not appear, he was once more cited in a solemn se ion of the court, and if still contumacious, was given over to the Freischéffen. The tirs Freisch6fie who met him was bound to execute the decree of the court. A dagger was left by the corpse to show that it was not a murder, but a punishment inflicted by one of the Wreishchéfien. How many judicial murders were perpetrated in this mennuer from revenge, interested matives, or malice,“ may well be imagined.