Secret Tribunals.

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The Old Man of the Mountain and his Followers in Syria.--The Castle of Alamond, Paradise of Assassins.--Charlemagne the Founder of Secret Tribunals amongst the Saxons.--The Holy Vehme.--Organization of the Tribunal of the Terre Rouge, and Modes adopted in its Procedures.--Condemnations and Execution of Sentences.--The Truth respecting the Free Judges of Westphalia.--Duration and Fall of the Vehmic Tribunal.--Council of Ten in Venice; its Code and Secret Decisions.--End of the Council of Ten.

During the Middle Ages, human life was generally held in small respect; various judicial institutions--if not altogether secret, at least more or less enveloped in mystery--were remarkable for being founded on the monstrous right of issuing the most severe sentences with closed doors, and of executing these sentences with inflexible rigour on individuals who had not been allowed the slightest chance of defending themselves.

While passing judgment in secret, they often openly dealt blows as unexpected and terrible as they were fatal. Therefore, the most innocent and the most daring trembled at the very name of the Free Judges of the Terre-Rouge, an institution which adopted Westphalia as the special, or rather as the central, region of its authority; the Council of Ten exercised their power in Venice and the states of the republic; and the Assassins of Syria, in the time of St. Louis, made more than one invasion into Christian Europe. We must nevertheless acknowledge that, terrible as these mysterious institutions were, the general credulity, the gross ignorance of the masses, and the love of the marvellous, helped not a little to render them even more outrageous and alarming than they really were.

Marco Polo, the celebrated Venetian traveller of the thirteenth century, says, "We will speak of the Old Man of the Mountain. This prince was named Alaodin. He had a lovely garden full of all manner of trees and fruits, in a beautiful valley, surrounded by high hills; and all round these plantations were various palaces and pavilions, decorated with works of art in gold, with paintings, and with furniture of silk. Therein were to be seen rivulets of wine, as well as milk, honey, and gentle streams of limpid water. He had placed therein damsels of transcendent beauty and endowed with great charms, who were taught to sing and to play all manner of instruments; they were dressed in silk and gold, and continually walked in these gardens and palaces. The reasons for which the Old Man had these palaces built were the following. Mahomet having said that those who should obey his will should go to paradise, and there find all kinds of luxuries, this prince wished it to be believed that he was the prophet and companion of Mahomet, and that he had the power of sending whom he chose to paradise. No one could succeed in entering the garden, because an impregnable castle had been built at the entrance of the valley, and it could only be approached by a covered and secret way. The Old Man had in his court some young men from ten to twenty years of age, chosen from those inhabitants of the hills who seemed to him capable of bearing arms, and who were bold and courageous. From time to time he administered a certain drink to ten or twelve of these young men, which sent them to sleep, and when they were in deep stupor, he had them carried into the garden. When they awoke, they saw all we have described: they were surrounded by the young damsels, who sang, played instruments together, caressed them, played all sorts of games, and presented them with the most exquisite wines and meats (Fig. 317). So that these young men, satiated with such pleasures, did not doubt that they were in paradise, and would willingly have never gone out of it again.

"At the end of four or five days, the Old Man sent them to sleep again, and had them removed from the garden in the same way in which they had been brought in. He then called them before him, and asked them where they had been. 'By your grace, lord,' they answered, 'we have been in paradise.' And then they related, in the presence of everybody, what they had seen there. This tale excited the astonishment of all those who heard it, and the desire that they might be equally fortunate. The Old Man would then formally announce to those who were present, as follows: 'Thus saith the law of our prophet, He causes all who fight for their Lord to enter into paradise; if you obey me you shall enjoy that happiness.' By such words and plans this prince had so accustomed them to believe in him, that he whom he ordered to die for his service considered himself lucky. All the nobles or other enemies of the Old Man of the Mountain were put to death by the assassins in his service; for none of them feared death, provided he complied with the orders and wishes of his lord. However powerful a man might be, therefore, if he was an enemy of the Old Man's, he was sure to meet with an untimely end."

Fig. 317.--The Castle of Alamond and its Enchantments.--Fac-simile of a Miniature in "Marco Polo's Travels," Manuscript of the Fifteenth. Century, in the Library of the Arsenal of Paris.

In his story, which we translate literally from the original, written in ancient French, the venerable traveller attributes the origin of this singular system of exercising power over the minds of persons to a prince who in reality did but keep up a tradition of his family; for the Alaodin herein mentioned is no other than a successor of the famous Hassan, son of Ali, who, in the middle of the eleventh century, took advantage of the wars which devastated Asia to create himself a kingdom, comprising the three provinces of Turkistan, Djebel, and Syria. Hassan had embraced the doctrine of the Ishmaelian sect, who pretended to explain allegorically all the precepts of the Mahometan religion, and who did away with public worship, and originated a creed which was altogether philosophical. He made himself the chief exponent of this doctrine, which, by its very simplicity, was sure to attract to him many people of simple and sincere minds. Attacked by the troops of the Sultan Sindgar, he defended himself vigorously and not unsuccessfully; but, fearing lest he should fall in an unequal and protracted struggle against an adversary more powerful than himself, he had recourse to cunning so as to obtain peace. He entranced, or fascinated probably, by means analogous to those related by Marco Polo, a slave, who had the daring, during Sindgar's sleep, to stick a sharp dagger in the ground by the side of the Sultan's head. On waking, Sindgar was much alarmed. A few days after, Hassan wrote to him, "If one had not good intentions towards the Sultan, one might have driven the dagger, which was stuck in the earth by his head, into his bosom." The Sultan Sindgar then made peace with the chief of the Ishmaelians, whose dynasty lasted for one hundred and seventy years.

The Castle of Alamond, built on the confines of Persia, on the top of a high mountain surrounded with trees, after having been the usual residence of Hassan, became that of his successors. As in the native language the same word means both prince and old man, the Crusaders who had heard the word pronounced confounded the two, and gave the name of Old Man of the Mountain to the Ishmaelian prince at that time inhabiting the Castle of Alamond, a name which has remained famous in history since the period when the Sire de Joinville published his "MÉmoires."

Ancient authors call the subjects of Hassan, Haschichini, Heississini, Assissini, Assassini, various forms of the same expression, which, in fact, has passed into French with a signification which recalls the sanguinary exploits of the Ishmaelians. In seeking for the etymology of this name, one must suppose that Haschichini is the Latin transformation of the Arabic word Hachychy, the name of the sect of which we are speaking, because the ecstacies during which they believed themselves removed to paradise were produced by means of haschisch or haschischa. We know that this inebriating preparation, extracted from hemp, really produces the most strange and delicious hallucinations on those who use it. All travellers who have visited the East agree in saying that its effects are very superior to those of opium. We evidently must attribute to some ecstatic vision the supposed existence of the enchanted gardens, which Marco Polo described from popular tales, and which, of course, never existed but in the imagination of the young men, who were either mentally excited after fasting and prayer, or intoxicated by the haschischa, and consequently for a time lulled in dreams of celestial bliss which they imagined awaited them under the guidance of Hassan and his descendants.

Fig. 318.--The Old Man of the Mountain giving Orders to his Followers.--Fac-simile of a Miniature in the "Travels of Marco Polo," Manuscript of the Fifteenth Century (Library of the Arsenal of Paris).

The Haschischini, whom certain contemporary historians describe to us as infatuated by the hope of some future boundless felicity, owe their melancholy celebrity solely to the blind obedience with which they executed the orders of their chiefs, and to the coolness with which they sought the favourable moment for fulfilling their sanguinary missions (Fig. 318). The Old Man of the Mountain (the master of daggers, magister cultellorum, as he is also called by the chronicler Jacques de Vintry), was almost continually at war with the Mussulman princes who reigned from the banks of the Nile to the borders of the Caspian Sea. He continually opposed them with the steel of his fanatical emissaries; at times, also, making a traffic and merchandise of murder, he treated for a money payment with the sultans or emirs, who were desirous of ridding themselves of an enemy. The Ishmaelians thus put to death a number of princes and Mahometan nobles; but, at the time of the Crusades, religious zeal having incited them against the Christians, they found more than one notable victim in the ranks of the Crusaders. Conrad, Marquis of Montferrat, was assassinated by them; the great Salah-Eddin (Saladin) himself narrowly escaped them; Richard Coeur de Lion and Philip Augustus were pointed out to the assassins by the Old Man, who subsequently, on hearing of the immense preparations which Louis IX. was making for the Holy War, had the daring to send two of his followers to France, and even into Paris, with orders to kill that monarch in the midst of his court. This king, after having again escaped, during his sojourn in Palestine, from the murderous attempts of the savage messengers of the Prince of Alamond, succeeded, by his courage, his firmness, and his virtues, in inspiring these fanatics with so much respect, that their chief, looking upon him as protected by heaven, asked for his friendship, and offered him presents, amongst which was a magnificent set of chessmen, in crystal, ornamented with gold and amber.

The successors of Hassan, simultaneously attacked by the Moguls under Houlayon, and by the Egyptians commanded by the Sultan Bibars, were conquered and dispossessed of their States towards the middle of the thirteenth century; but, long after, the Ishmaelians, either because their chiefs sought to recover their power, or because they had placed their daggers at the disposal of some foreign foe, continued notorious in history. At last the sect became extinct, or, at least, retired into obscurity, and renounced its murderous profession, which had for so long made its members such objects of terror.

We have thus seen how a legion of fanatics in the East made themselves the blind and formidable tools of a religious and political chieftain, who was no less ambitious than revengeful. If we now turn our attention to Germany, we shall here find, almost at the same period, a local institution which, although very different from the sanguinary court of the Old Man of the Mountain, was of an equally terrible and mysterious character. We must not, however, look at it from the same point of view, for, having been founded with the object of furthering and defending the establishment of a regular social state, which had been approved and sanctioned by the sovereigns, and recognised by the Church, it at times rendered great service to the cause of justice and humanity at a period when might usurped right, and when the excesses and the crimes of shameless evil-doers, and of petty tyrants, entrenched in their impregnable strongholds, were but too often made lawful from the simple fact that there was no power to oppose them.

The secret tribunal of Westphalia, which held its sittings and passed sentence in private, and which carried out its decrees on the spot, and whose rules, laws, and actions were enveloped in deep mystery, must unquestionably be looked upon as one of the most remarkable institutions of the Middle Ages.

Figs. 319 and 320.--Hermensul or Irmensul and Crodon, Idols of the Ancient Saxons.--Fac-simile of a Woodcut in the "Annales Circuli WestphaliÆ," by Herman Stangefol: in 4to, 1656.--The Idol Hermensul appears to have presided over Executive Justice, the attributes of which it holds in its hands.

It would be difficult to state exactly at what period this formidable institution was established. A few writers, and amongst these Sebastian Munster, wish us to believe that it was founded by Charlemagne himself. They affirm that this monarch, having subjugated the Saxons to his sway, and having forced them to be baptized, created a secret tribunal, the duties of which were to watch over them, in order that they might not return to the errors of Paganism. However, the Saxons were incorrigible, and, although Christians, they still carried on the worship of their idols (Figs. 319 and 320); and, for this reason, it is said by these authorities that the laws of the tribunal of Westphalia were founded by Charlemagne. 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.

Fig. 321.--View of the Town of Dortmund in the Sixteenth Century.--From an Engraving on Copper in P. Bertius's "Theatrum Geographicum."

The initiation of a free judge was accompanied by extraordinary formalities. The candidate appeared bareheaded; he knelt down, and, placing two fingers of his right hand on his naked sword and on a rope, he took oath to adhere to the laws and customs of the holy tribunal, to devote his five senses to it, and not to allow himself to be allured therefrom either by silver, gold, or even precious stones; to forward the interests of the tribunal "above everything illumined by the sun, and all that the rain reaches;" and to defend them "against everything which is between heaven and earth." The candidate was then given the sign by which members of the association recognised each other. This sign has remained unknown; and nothing, even in the deeds of the Vehmic archives, leads one even to guess what it was, and every hypothesis on this subject must be looked upon as uncertain or erroneous. By one of the fundamental statutes of the Terre Rouge, a member convicted of betraying the secrets of the order was condemned to the most cruel punishment; but we have every reason for asserting that this sentence was never carried out, or even issued against a free judge.

Fig. 322.--The Landgrave of Thuringia and his Wife.--Fac-simile of a Miniature in the Collection of the Minnesinger, Manuscript of the Fourteenth Century.

In one case alone during the fourteenth century, was an accusation of this sort made, and that proved to be groundless.

It would have been considered the height of treason to have given a relation, or a friend, the slightest hint that he was being pursued, or that he had been condemned by the Holy Vehme, in order that he might seek refuge by flight. And in consequence of this, there was a general mistrust of any one belonging to the tribunal, so much so that "a brother," says a German writer, "often feared his brother, and hospitality was no longer possible."

The functions of free judges consisted in going about the country seeking out crimes, denouncing them, and inflicting immediate punishment on any evil-doer caught in the act (Figs. 323 and 324). The free judges might assemble provided there were at least seven in number to constitute a tribunal; but we hear of as many as three hundred assisting at a meeting.

Figs. 323 and 324.--Free Judges.--Fac-simile of two Woodcuts in the "Cosmographie Universelle" of Munster: in folio, 1552.

It has been erroneously stated that the sittings of the Vehmic tribunals were held at night in the depths of forests, or in subterranean places; but it appears that all criminal business was first heard in public, and could only be subjected to a secret judgment when the accused had failed either publicly to justify himself or to appear in person.

When three free judges caught a malefactor in the very act, they could seize him, judge him, and inflict the penalty on the spot. In other cases, when a tribunal considered that it should pursue an individual, it summoned him to appear before it. The summons had to be written, without erasures, on a large sheet of vellum, and to bear at least seven seals--that of the free count, and those of six free judges; and these seals generally represented either a man in full armour holding a sword, or a simple sword blade, or other analagous emblems (Figs. 325 to 327). Two free judges delivered the summons personally where a member of the association was concerned; but if the summons affected an individual who was not of the Vehmic order, a sworn messenger bore it, and placed it in the very hands of the person, or slipped it into his house. The time given for putting in an appearance was originally six weeks and three days at least, but at a later period this time was shortened. The writ of summons was repeated three times, and each time bore a greater number of seals of free judges, so as to verify the legality of the instrument. The accused, whether guilty or not, was liable to a fine for not answering the first summons, unless he could prove that it was impossible for him to have done so. If he failed to appear on the third summons, he was finally condemned en corps et en honneur.

Fig. 325.--Seal of Herman Loseckin, Free Count of Medebach, in 1410.

Fig. 326.--Seal of the Free Count, Hans Vollmar von Twern, at Freyenhagen, in 1476-1499.

Fig. 327.--Seal of Johann Croppe, Free Count of Kogelnberg, in 1413.

We have but imperfect information as to the formalities in use in the Vehmic tribunals. But we know that the sittings were invested with a certain solemnity and pomp. A naked sword--emblematical of justice, and recalling our Saviour's cross in the shape of its handle--and a rope--emblematical of the punishment deserved by the guilty--were placed on the table before the president. The judges were bareheaded, with bare hands, and each wore a cloak over his shoulder, and carried no arms of any sort.

Fig. 328.--The Duke of Saxony and the Marquis of Brandenburg.--From the "Theatrum Orbis Terrarum sive Tabula veteris Geographiae," in folio. Engraved by Wieriex, after GÉrard de Jode.

The plaintiff and the defendant were each allowed to produce thirty witnesses. The defendant could either defend himself, or entrust his case to an advocate whom he brought with him. At first, any free judge being defendant in a suit, enjoyed the privilege of justifying himself on oath; but it having been discovered that this privilege was abused, all persons, of whatever station, were compelled to be confronted with the other side. The witnesses, who were subpoened by either accuser or accused, had to give their evidence according to the truth, dispassionately and voluntarily. In the event of the accused not succeeding in bringing sufficient testimony to clear himself, the prosecutor claimed a verdict in his favour from the free count presiding at the tribunal, who appointed one of the free judges to declare it. In case the free judge did not feel satisfied as to the guilt, he could, by making oath, temporarily divest himself of his office, which devolved upon a second, a third, or even a fourth free judge. If four free judges were unable to decide, the matter was referred to another sitting; for judgment had to be pronounced by the appointed free judge at the sitting.

The various penalties for different crimes were left to the decision of the tribunal. The rules are silent on the subject, and simply state that the culprits will be punished "according to the authority of the secret bench." The royale, i.e. capital punishment, was strictly applied in all serious cases, and the manner of execution most in use was hanging (Figs. 329, 330).

A person accused who did not appear after the third summons, was out-lawed by a terrible sentence, which deprived him of all rights, of common peace, and forbad him the company of all Christians; by the wording of this sentence, his wife was looked upon as a widow, his children as orphans; his neck was abandoned to the birds of the air, and his body to the beasts of the field, "but his soul was recommended to God." At the expiration of one year and a day, if the culprit had not appeared, or had not established his common rights, all his goods were confiscated, and appropriated by the King or Emperor. When the condemnation referred to a prince, a town, or a corporation (for the accusations of the tribunal frequently were issued against groups of individuals), it caused the loss of all honour, authority, and privileges. The free count, in pronouncing the sentence, threw the rope, which was before him, on to the ground; the free judges spat upon it, and the name of the culprit was inscribed on the book of blood. The sentence was kept secret; the prosecutor alone was informed of it by a written notice, which was sealed with seven seals. When the condemned was present, the execution took place immediately, and, according to the custom of the Middle Ages, its carrying out was deputed to the youngest of the free judges. The members of the Vehmic association enjoyed the privilege of being hung seven feet higher than those who were not associates.

The Vehmic judgments were, however, liable to be appealed against: the accused might, at the sitting, appeal either to what was termed the imperial chamber, a general chapter of the association, which assembled at Dortmund, or (and this was the more frequent custom) to the emperor, or ruler of the country, whether he were king, prince, duke, or bishop, provided that these authorities belonged to the association. The revision of the judgment could only be entrusted to members of the tribunal, who, in their turn, could only act in Westphalia. The condemned might also appeal to the lieutenant-general of the emperor, or to the grand master of the Holy Vehme, a title which, from the remotest times, was given to the Archbishop of Cologne. There are even instances of appeals having been made to the councils and to the Popes, although the Vehmic association never had any communication or intercourse with the court of Rome. We must not forget a very curious privilege which, in certain cases, was left to the culprit as a last resource; he might appeal to the emperor, and solicit an order which required the execution of the sentence to be applied after a delay of one hundred years, six weeks, and one day.

Figs. 329 and 330.--Execution of the Sentences of the Secret Tribunal.--Fac-simile of Woodcuts in the "Cosmographie Universelle" of Munster: in folio, Basle, 1552.

The chapter-general of the association was generally summoned once a year by the emperor or his lieutenant, and assembled either at Dortmund or Arensberg, in order to receive the returns of causes judged by the various Vehmic tribunals; to hear the changes which had taken place among the members of the order; to receive the free judges; to hear appeals; and, lastly, to decide upon reforms to be introduced into the rules. These reforms usually had reference to the connection of imperial authority with the members of the secret jurisdiction, and were generally suggested by the emperors, who were jealous of the increasing power of the association.

From what we have shown, on the authority of authentic documents, we understand how untrue is the tradition, or rather the popular idea, that the Secret Tribunal was an assembly of bloodthirsty judges, secretly perpetrating acts of mere cruelty, without any but arbitrary laws. It is clear, on the contrary, that it was a regular institution, having, it is true, a most mysterious and complex organization, but simply acting in virtue of legal prescriptions, which were rigorously laid down, and arranged in a sort of code which did honour to the wisdom of those who had created it.

It was towards the end of the fourteenth and the beginning of the fifteenth centuries that the Vehmic jurisdiction reached its highest degree of power; its name was only pronounced in a whisper and with trembling; its orders were received with immediate submission, and its chastisements always fell upon the guilty and those who resisted its authority. There cannot be a doubt but that the Westphalian tribunal prevented many great crimes and public misfortunes by putting a wholesome check on the nobles, who were ever ready to place themselves above all human authority; and by punishing, with pitiless severity, the audacity of bandits, who would otherwise have been encouraged to commit the most daring acts with almost the certainty of escaping with impunity. But the Holy Vehme, blinded by the terror it inspired, was not long without displaying the most extravagant assumption of power, and digressing from the strict path to which its action should have been confined. It summoned before its tribunals princes, who openly denied its authority, and cities, which did not condescend to answer to its behests. In the fifteenth century, the free judges were composed of men who could not be called of unimpeachable integrity; many persons of doubtful morals having been raised to the dignity by party influence and by money. The partiality and the spirit of revenge which at times prompted their judgments, were complained of; they were accused of being open to corruption; and this accusation appears to have been but too well founded. It is known that, according to a feudal practice established in the Vehmic system, every new free judge was obliged to make a present to the free count who had admitted him into the order; and the free counts did not hesitate to make this an important source of revenue to themselves by admitting, according to an historian, "many people as judges who, in reality, deserved to be judged."

Fig. 331.--View of Cologne in the Sixteenth Century.--From a Copper-plate in the "Theatrum Geographicum" of P. Bertius. The three large stars represent, it is supposed, the Three Persons of the Trinity, and the seven small ones the Electors of the Empire.

Fig. 332.--German Knights (Fifteenth Century).--From a Plate in the "Life of the Emperor Maximilian," engraved by Burgmayer, from Drawings by Albert Durer.

Owing to the most flagrant and most insolent abuses of power, the ancient authority of the institution became gradually more and more shaken. On one occasion, for instance, in answer to a summons issued by the Imperial Tribunal against some free judges, the tribunal of the Terre-Rouge had the daring to summon the Emperor Frederick III. before it to answer for this want of respect. On another occasion, a certain free count, jealous of one of his associates, hung him with his own hands while out on a hunting excursion, alleging that his rank of free judge authorised him to execute summary justice. From that time there was a perpetual cry of horror and indignation against a judicial institution which thus interpreted its duties, and before long the State undertook the suppression of these secret tribunals. The first idea of this was formed by the electors of the empire at the diet of TrÈves in 1512. The Archbishop of Cologne succeeded, however, in parrying the blow, by convoking the chapter-general of the order, on the plea of the necessity of reform. But, besides being essentially corrupt, the Holy Vehme had really run its course, and it gradually became effete as, by degrees, a better organized and more defined social and political state succeeded to the confused anarchy of the Middle Ages, and as the princes and free towns adopted the custom of dispensing justice either in person or through regular tribunals. Its proceedings, becoming more and more summary and rigorous, daily gave rise to feelings of greater and greater abhorrence. The common saying over all Germany was, "They first hang you, and afterwards inquire into your innocence." On all sides opposition arose against the jurisdiction of the free judges. Princes, bishops, cities, and citizens, agreed instinctively to counteract this worn-out and degenerate institution. The struggle was long and tedious. During the last convulsions of the expiring Holy Vehme, there was more than one sanguinary episode, both on the side of the free judges themselves, as well as on that of their adversaries. Occasionally the secret tribunal broke out into fresh signs of life, and proclaimed its existence by some terrible execution; and at times, also, its members paid dearly for their acts. On one occasion, in 1570, fourteen free judges, whom Kaspar Schwitz, Count of Oettingen, caused to be seized, were already tied up in bags, and about to be drowned, when the mob, pitying their fate, asked for and obtained their reprieve.

The death-blow to the Vehmic tribunal was struck by its own hand. It condenmed summarily, and executed without regular procedure, an inhabitant of Munster, who used to scandalize the town by his profligacy. He was arrested at night, led to a small wood, where the free judges awaited him, and condemned to death without being allowed an advocate; and, after being refused a respite even of a few hours, that he might make his peace with heaven, he was confessed by a monk, and his head was severed from his body by the executioner on the spot.

Fig. 333.--Interior Court of the Palace of the Doges of Venice: Buildings in which are the Cells and the Leads.--From Cesare Vecellio.

Dating from this tragical event, which excited universal indignation, the authority of the free judges gradually declined, and, at last, the institution became almost defunct, and merely confined itself to occasionally adjudicating in simple civil matters.

We must not omit to mention the Council of Ten of Venice when speaking on the subject of arbitrary executions and of tyrannical and implacable justice. In some respects it was more notorious than the Vehmic tribunal, exercising as it did a no less mysterious power, and inspiring equal terror, though in other countries.

This secret tribunal was created after a revolt which burst on the republic of Venice on the 15th of June, 1310. At first it was only instituted for two months, but, after various successive prorogations, it was confirmed for five years, on the 31st of January, 1311. In 1316 it was again appointed for five years; on the 2nd of May, 1327, for ten years more; and at last was established permanently. In the fifteenth century the authority of the Council of Ten was consolidated and rendered more energetic by the creation of the Inquisitors of State. These were three in number, elected by the Council of Ten; and the citizens on whom the votes fell could not refuse the functions which were thus spontaneously, and often unexpectedly, assigned to them. The authority of Inquisitors of State was declared to be "unlimited."

In order to show the power and mode of action of this terrible tribunal, it is perhaps better to make a few extracts from the code of rules which it established for itself in June, 1454.

This document--several manuscript copies of which are to be found in the public libraries of Paris--says, "The inquisitors may proceed against any person whomsoever, no rank giving the right of exemption from their jurisdiction. They may pronounce any sentence, even that of death; only their final sentences must be passed unanimously. They shall have complete charge of the prisons and the leads (Fig. 333). They may draw at sight from the treasury of the Council of Ten, without having to give any account of the use made of the funds placed in their hands.

"The proceedings of the tribunal shall always be secret; its members shall wear no distinctive badge. No open arrests shall be made. The chief of the bailiffs (sbirri) shall avoid making domiciliary arrests, but he shall try to seize the culprit unawares, away from his home, and so securely get him under the leads of the Palace of the Doges. When the tribunal shall deem the death of any person necessary, the execution shall never be public; the condemned shall be drowned at night in the Orfano Canal.

"The tribunal shall authorise the generals commanding in Cyprus or in Candia, in the event of its being for the welfare of the Republic, to cause any patrician or other influential person in either of those Venetian provinces to disappear, or to be assassinated secretly, if such a measure should conscientiously appear to them indispensable; but they shall be answerable before God for it.

Fig. 334.--Member of the Brotherhood of Death, whose duty it was to accompany those sentenced to death.--From Cesare Vecellio.

"If any workman shall practise in a foreign land any art or craft to the detriment of the Republic, he shall be ordered to return to his country; and should he not obey, all his nearest relatives shall be imprisoned, in order that his affection for them may bring him to obedience. Should he still persist in his disobedience, secret measures shall be taken to put him to death, wherever he may be.

"If a Venetian noble reveal to the tribunal propositions which have been made to him by some foreign ambassador, the agent, excepting it should be the ambassador himself, shall be immediately carried off and drowned.

"If a patrician having committed any misdeed shall take refuge under the protection of a foreign ambassador, he shall be put to death forthwith.

"If any noble in full senate take upon himself to question the authority of the Council of Ten, and persist in attacking it, he shall be allowed to speak without interruption; immediately afterwards he shall be arrested, and instructions as to his trial shall be given, so that he may be judged by the ordinary tribunals; and, if this does not succeed in preventing his proceedings, he shall be put to death secretly.

"In case of a complaint against one of the heads of the Council of Ten, the instructions shall be made secretly, and, in case of sentence of death, poison shall be the agent selected.

"Should any dissatisfied noble speak ill of the Government, he shall first be forbidden to appear in the councils and public places for two years. Should he not obey, or should he repeat the offence after the two years, he shall be drowned as incorrigible...." &c.

One can easily understand that in order to carry out these laws the most careful measures were taken to organize a system of espionage. The nobles were subjected to a rigorous supervision; the privacy of letters was not respected; an ambassador was never lost sight of, and his smallest acts were narrowly watched. Any one who dared to throw obstacles in the way of the spies employed by the Council of Ten, was put on the rack, and "made afterwards to receive the punishment which the State inquisitors might consider befitting." Whole pages of the secret statutes bear witness that lying and fraud formed the basis of all the diplomatic relations of the Venetian Government. Nevertheless the Council of Ten, which was solely instituted with the view of watching over the safety of the Republic, could not inter-meddle in civil cases, and its members were forbidden to hold any sort of communication with foreigners.

Figs. 335 and 336.--Chiefs of Sbirri, in the Secret Service of the Council of Ten.--From Cesare Vecellio.

The list of names of Venetian nobles and distinguished persons who became victims to the suspicions tyranny of the Council of Ten, and of the State inquisitors, would be very long and of little interest. We may mention a few, however. We find that in 1385, Peter Justiniani, and, in 1388, Stephen Monalesco, were punished for holding secret transactions with the Lord of Padua; in 1413, John Nogarola, for having tried to set fire to Verona; in 1471, Borromeo Memo, for having uttered defamatory speeches against the Podestat of Padua. Not only was this Borromeo Memo punished, but three witnesses of the crime which was imputed to him were condemned to a year's imprisonment and three years' banishment, for not having denounced the deed "between evening and morning." In 1457 we find the Council of Ten attacking the Doge himself, by requiring the abdication of Francis Foscari. A century earlier it had caused the Doge, Marino Faliero, who was convicted of having taken part in a plot to destroy the influence of the nobility, to be executed on the very staircase of the ducal palace, where allegiance to the Republic was usually sworn.

From Cesare Vecellio.

Fig. 337.--Doge of Venice. Costume before the Sixteenth Century.

Fig. 338.--Doge of Venice in Ceremonial Costume of the Sixteenth Century.

Like the Holy Vehme, the Council of Ten compromised its authority by the abuse of power. In 1540, unknown to the Senate, and in spite of the well-prescribed limit of its authority, it concluded a treaty with the Turkish Sultan, Soliman II. The Senate at first concealed its indignation at this abuse of power, but, in 1582, it took measures so as considerably to restrain the powers of the Council of Ten, which, from that date, only existed in name.

Fig. 339.--Seal of the Free Count Heinrich Beckmann, of Medebach. (1520--1533).

                                                                                                                                                                                                                                                                                                           

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