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.
This settled, a deep and solemn oath of fidelity was administered, the
candidate swearing by the Holy Law to guard the secrets of the Holy Vehm
from wife and child, father and mother, sister and brother, fire and
water, every creature on whom rain falls or sun shines, everything
between earth and heaven; to tell to the tribunal all offences known to
him, and not to be deterred therefrom by love or hate, gold, silver, or
precious stones.
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