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
"There was no mystery in the assembly of the Heimliche Acht. Under the
oak, or under the lime-tree, the Judges assembled, in broad daylight,
and before the eye of heaven; but the tribunal derived its name from
the precautions which were taken, for the purpose of preventing any
disclosure of its proceedings which might enable the offender to
escape the vengeance of the Vehme. Hence, the fearful oath of secrecy
which bound the Echevins. And if any stranger was found present in the
Court, the unlucky intruder instantly forfeited his life as a
punishment for his temerity. If the presentment or denunciation did
chance to become known to the offender, the law allowed him a right of
appeal. But the permission was of very little utility, it was a
profitless boon, for the Vehmic Judges always laboured to conceal the
judgment from the hapless criminal, who seldom was aware of his
sentence until his neck was encircled by the halter.
"Charlemagne, according to the traditions of Westphalia, was the
founder of the Vehmic tribunal; and it was supposed that he instituted
the Court for the purpose of coercing the Saxons, ever ready to
relapse into the idolatry from which they had been reclaimed, not by
persuasion, but by the sword. This opinion, however, is not confirmed
either by documentary evidence or by contemporary historians. And if
we examine the proceedings of the Vehmic tribunal, we shall see that,
in principle, it differs in no essential character from the summary
jurisdiction exercised in the townships and hundreds of Anglo-Saxon
England. Amongst us, the thief or the robber was equally liable to
summary punishment, if apprehended by the men of the township; and the
same rules disqualified them from proceeding to summary execution. An
English outlaw was exactly in the situation of him who had escaped
from the hands of the Echevins, or who had failed to appear before the
Vehmic Court: he was condemned unheard, nor was he confronted with his
accusers. The inquisitorial proceedings, as they are termed by the
German jurists, are identical with our ancient presentments.
Presumptions are substituted for proofs, and general opinion holds the
place of a responsible accuser. He who was untrue to all the people in
the Saxon age, or liable to the malecredence of the inquest at a
subsequent period, was scarcely more fortunate than he who was branded
as 'Leumund' by the Vehmic law.
Public-domain text, read in full here on John Shaqi.
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