Secret Societies of the Middle Ages

p. 360

CHAPTER III.

Accusatorial process--Persons liable to it--Mode of citation--Mode of procedure--Right of appeal.

As we have stated above, the first inquiry when a matter was brought before a Fehm-court was, did it come within its jurisdiction, and, on its being found to do so, the accused was summoned before the Public Court, and when he did not appear, or could not clear himself, the cause was transferred to the Secret Court. We shall now consider the whole procedure specially.

The summons was at the expense of the accuser; it was to be written on good new parchment, without any erasures, and sealed with at least seven seals, to wit, those of the count and of six assessors. The seals of the different courts were different. The summonses varied according to whether the accused was a free-count, a free-schöppe, or one of the ignorant and uninitiated, a community, a noth-schöppe, or a mere vagabond. In all cases they were to be served by schöppen. They were to have on them the name of the count, of the accuser, and of the accused, the charge, and the place where the court was to be holden. The stuhlherr was also to be previously informed of it.

For a good and legal service it was requisite that. two schöppen should either serve the accused personally or leave the summons openly or clandestinely at his residence, or at the place where he had taker refuge. If he did not appear to answer the charm

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