He was further obliged to swear that he would ever, to the best of his ability, enlarge the holy empire; and that he would undertake nothing with unrighteous hand against the land and people of the stuhlherr.
The count then inquired of the officers of the court (the Frohnboten) if the candidate had gone through all the formalities requisite to reception, and when that officer had answered in the affirmative, the count revealed to the aspirant the secrets of the tribunal, and communicated to him the secret sign by which the initiated knew one another. What this sign was is utterly unknown: some say that when they met at table they used to turn the point of their knife to themselves, and the haft away from them. Others take the letters S S G G, which were found in an old MS. at Herford, to have been the sign, and interpret them Stock Stein, Gras Grein. These are, however, the most arbitrary conjectures, without a shadow of proof. The count then was bound to enter the name of the new member in his register, and henceforth he was one of the powerful body of the initiated.
Princes and nobles were anxious to have their chancellors and ministers, corporate towns to have their magistrates, among the initiated. Many princes sought to be themselves members of this formidable association, and we are assured that in the fourteenth and fifteenth centuries (which are the only ones of which we have any particular accounts) the number of the initiated exceeded 100,000.
The duty of the initiated was to go through the country to serve citations and to trace out and denounce evil-doers; or, if they caught them in the fact, to execute instant justice upon them. They were also the count's assessors when the tribunal sat. For that purpose seven at least were required to be present, all belonging to the county in which the court was held; those belonging to other counties might attend, but they could not act as assessors; they only formed a part of the by-standers of the court. Of these there were frequently some hundreds present.
All the initiated of every degree might go on foot and on horseback through the country, for daring was the man who would presume to injure them, as certain death was his inevitable lot. A dreadful punishment also awaited any one of them who should forget his vow and reveal the secrets of the society; he was to be seized, a cloth bound over his eyes, his hands tied behind his back, a halter put about his neck; he was to be thrown upon his belly, his tongue pulled out behind by the nape of his neck, and he was then to be hung seven feet higher than any other felon. It is doubtful, however, if there ever was a necessity for inflicting this punishment, for Æneas Sylvius, who wrote at the time when the society had degenerated, assures us that no member had ever been induced, by any motives whatever, to betray its secrets; and he describes the initiated as grave men and lovers of right and justice. Similar language is employed concerning them by other writers of the time.
Besides the count and the assessors, there were required, for the due holding a Fehm-court, the officers named Frohnboten[121], or serjeants, or messengers, and a clerk to enter the decisions in what was called the blood-book (Liber sanguinis). These were, of course, initiated, or they could not be present. It was required that the messengers should be freemen belonging to the county, and have all the qualifications of the simple schöppen. Their duty was to attend on the court when sitting, and to take care that the ignorant, against whom there was any charge, were duly cited[122].
The count was to hold two kinds of courts, the one public, named the Open or Public Court (Offenbare Ding), to which every freeman had access; the other private, called the Secret Tribunal (Heimliche Acht), at which no one who was not initiated could venture to appear.
The former court was held at stated periods, and at least three times in each year. It was announced fourteen days previously by the messengers (Frohnboten), and every householder in the county, whether initiated or not, free or servile, was bound under a penalty of four heavy shillings, to appear at it and declare on oath what crimes he knew to have been committed in the county.
When the count held the Secret Court, the clergy, who had received the tonsure and ordination, women and children, Jews and Heathens[123], and, as it would appear, the higher nobility, were exempted from its jurisdiction. The clergy were exempted, probably, from prudential motives, as it was not deemed safe to irritate the members of so powerful a body, by encroaching on their privileges; they might, however, voluntarily subject themselves to the Fehm-gerichte if they were desirous of partaking of the advantages of initiation. Women and children were exempt on account of their sex and age, and the period of infancy was extended, in the citations, to fourteen, eighteen, and sometimes twenty years of age. Jews, Heathens, and such like, were exempted on account of their unworthiness. The higher nobility were exempted (if such was really the case) in compliance with the maxim of German law that each person should be judged by his peers, as it was scarcely possible that in any county there could be found a count and seven assessors of equal rank with accused persons of that class.