Anne of Geierstein; Or, The Maiden of the Mist. Volume 1 (of 2)Scott, Walter
History
Anne of Geierstein; Or, The Maiden of the Mist. Volume 1 (of 2)
Scott, Walter
France -- History -- Louis XI, 1461-1483 -- Fiction
"The Echevins, as Conservators of the Ban of the Empire, were bound to
make constant circuits within their districts, by night and by day. If
they could apprehend a thief, a murderer, or the perpetrator of any
other heinous crime in possession of the 'mainour,' or in the very
act--or if his own mouth confessed the deed, they hung him upon the
next tree. But to render this execution legal, the following
requisites were necessary: fresh suit, or the apprehension and
execution of the offender before daybreak or nightfall;--the visible
evidence of the crime;--and lastly, that three Echevins, at least,
should seize the offender, testify against him, and judge of the
recent deed.
"If, without any certain accuser, and without the indication of crime,
an individual was strongly and vehemently suspected; or when the
nature of the offence was such as that its proof could only rest upon
opinion and presumption, the offender then became subject to what the
German jurists term the inquisitorial proceeding; it became the duty
of the Echevin to denounce the 'Leumund,' or manifest evil fame, to
the secret tribunal. If the Echevins and the Freygraff were satisfied
with the presentment, either from their own knowledge, or from the
information of their compeer, the offender was said to be
'verfämbt;'--his life was forfeited; and wherever he was found by the
brethren of the tribunal, they executed him without the slightest
delay or mercy. An offender who had escaped from the Echevins was
liable to the same punishment; and such also was the doom of the party
who, after having been summoned pursuant to an appeal preferred in
open court, made default in appearing. But one of the 'Wissenden' was
in no respect liable to the summary process, or to the inquisitorial
proceeding, unless he had revealed the secrets of the Court. He was
presumed to be a true man; and if accused upon vehement suspicion, or
'Leumund,' the same presumption or evil repute which was fatal to the
uninitiated might be entirely rebutted by the compurgatory oath of the
free Echevin. If a party, accused by appeal, did not shun
investigation, he appeared in the open court, and defended himself
according to the ordinary rules of law. If he absconded, or if the
evidence or presumptions were against him, the accusation then came
before the Judges of the Secret Court, who pronounced the doom. The
accusatorial process, as it was termed, was also, in many cases,
brought in the first instance before the 'Heimliche Acht.' Proceeding
upon the examination of witnesses, it possessed no peculiar character,
and its forms were those of the ordinary courts of justice. It was
only in this manner that one of the 'Wissenden,' or Witan, could be
tried; and the privilege of being exempted from the summary process,
or from the effects of the 'Leumund,' appears to have been one of the
reasons which induced so many of those who did not tread the 'red
earth' to seek to be included in the Vehmic bond.
Public-domain text, read in full here on John Shaqi.
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