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  It is only mentioned, and then cursorily, in historical documents towards the early part of the fifteenth century.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