[Illustration: 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 Gerard 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.
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