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.