But as they walked away they would converse in low tones of a dread secret tribunal, which held its mysterious meetings in remote places, caverns of the earth or the depths of forests, at the dread hour of midnight, its members being sworn by frightful oaths to utter secrecy. Before these dark tribunals were judged, present or absent, the wrong-doers of the land, and the sentence of the secret Vehm once given, there was no longer safety for the condemned. The agents of vengeance would be put upon his track, while the secret of his death sentence was carefully kept from his ears. The end was sure to be a sudden seizure, a rope to the nearest tree, a writhing body, the signal knife of the executioners of the Vehm, silence and mystery.
Such was the visible outcome of the workings of this dreaded court, of whose sessions and secrets the common people of the land had exaggerated conceptions, but whose sudden and silent deeds in the interest of justice went far to repress crime in that lawless age. We have seen the completion of the sentence, let us attend a session of this mysterious court.
Seeking the Vehmic tribunal, we do not find ourselves in a midnight forest, nor in a dimly-lighted cavern or mysterious vault, as peasant traditions would tell us, but in the hall of some ancient castle, or on a hill-top, under the shade of lime-trees, and with an open view of the country for miles around. Here, on the seat of justice, presides the graf or count of the district, before him the sword, the symbol of supreme justice, its handle in the form of the cross, while beside it lies the Wyd, or cord, the sign of his power of life or death. Around him are seated the Schöffen, or ministers of justice, bareheaded and without weapons, in complete silence, none being permitted to speak except when called upon in the due course of proceedings.
The court being solemnly opened, the person cited to appear before it steps forward, unarmed and accompanied by two sureties, if he has any. The complaint against him is stated by the judge, and he is called upon to clear himself by oath taken on the cross of the sword. If he takes it, he is free. "He shall then," says an ancient work, "take a farthing piece, throw it at the feet of the court, turn round and go his way. Whoever attacks or touches him, has then, which all freemen know, broken the king's peace."
This was the ancient custom, but in later times witnesses were examined, and the proceedings were more in conformity with those of modern courts. If sentence of death was passed, the criminal was hanged at once on the nearest tree. The minor punishments were exile and fine. If the defendant refused to appear, after being three times cited, the sentence of the Vehm was pronounced against him, a dreadful sentence, ending in,—
"And I hereby curse his flesh and his blood; and may his body never receive burial, but may it be borne away by the wind, and may the ravens and crows, and wild birds of prey, consume and destroy him. And I adjudge his neck to the rope, and his body to be devoured by the birds and beasts of the air, sea, and land; but his soul I commend to our dear Lord, if He will receive it."
These words spoken, the judge cast forth the rope beyond the limits of the court, and wrote the name of the condemned in the book of blood, calling on the princes and nobles of the land, and all the inhabitants of the empire, to aid in fulfilling this sentence upon the criminal, without regard to relationship or any ties of kindred or affection whatever.
The condemned man was now left to the work of the ministers of justice, the Schöffen of the court. Whoever should shelter or even warn him was himself to be brought before the tribunal. The members of the court were bound by a terrible oath, to be enforced by death, not to reveal the sentence of the Holy Vehm, except to one of the initiated, and not to warn the culprit, even if he was a father or a brother. Wherever the condemned was found, whether in a house, a street, the high-road, or the forest, he was seized and hanged to the nearest tree or post, if the servants of the court could lay hands on him. As a sign that he was executed by the Holy Vehm, and not slain by robbers, nothing was taken from his body, and the knife was thrust into the ground beneath him. We may further say that any criminal taken in the act by the Vehmic officers of justice did not need to be brought before the court, but might be hanged on the spot, with the ordinary indications that he was a victim to the secret tribunal.
A citation to appear before the Vehm was executed by two Schöffen, who bore the letter of the presiding count to the accused. If they could not reach him because he was living in a city or a fortress which they could not safely enter, they were authorized to execute their mission otherwise. They might approach the castle in the night, stick the letter, enclosing a farthing piece, in the panel of the castle gate, cut off three chips from the gate as evidence to the count that they had fulfilled their mission, and call out to the sentinel on leaving that they had deposited there a letter for his lord. If the accused had no regular dwelling-place, and could not be met, he was summoned at four different cross-roads, where was left at the east, west, north, and south points a summons, each containing the significant farthing coin.
It must not be supposed that the administration of justice in Germany was confined to this Vehmic court. There were open courts of justice throughout the land. But what were known as Freistuhls, or free courts, were confined to the duchy of Westphalia. Some of the sessions of these courts were open, some closed, the Vehm constituting their secret tribunal.