FullReads

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 Schoeffen 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 Schoeffen, 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.

Though complaints might be brought and persons cited to appear from every part of Germany, a free court could only be held on Westphalian ground, on the red earth, as it was entitled. Even the emperor could not establish a free court outside of Westphalia. When the Emperor Wenceslas tried to establish one in Bohemia, the counts of the empire decreed that any one who should take part in it would incur the penalty of death. The members of these courts consisted of Schoeffen, nominated by the graf, or presiding judge, and composed of ordinary members and the Wissenden or Witan, the higher membership. The initiation of these members was a singular and impressive ceremony. It could only take place upon the red earth, or within the boundaries of Westphalia. Bareheaded and ungirt, the candidate was conducted before the tribunal, and strictly questioned as to his qualifications to membership. He must be free-born, of Teutonic ancestry, and clear of any accusation of crime.