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.