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.
"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.
"In cases of open delict and of outlawry, there was substantially no difference whatever between the English and the Vehmic proceedings. But in the inquisitorial process, the delinquent was allowed, according to our older code, to run the risk of the ordeal. He was accused by or before the Hundred, or the Thanes of the Wapentake; and his own oath cleared him, if a true man; but he 'bore the iron' if unable to avail himself of the credit derived from a good and fair reputation. The same course may have been originally adopted in Westphalia; for the 'Wissend,' when accused, could exculpate himself by his compurgatory oath, being presumed to be of good fame; and it is, therefore, probable that an uninitiated offender, standing a stage lower in character and credibility, was allowed the last resort of the ordeal. But when the 'Judgment of God' was abolished by the decrees of the Church, it did not occur to the Vehmic Judges to put the offender upon his second trial by the visne, which now forms the distinguishing characteristic of the English law, and he was at once considered as condemned. The Heimliche Acht is a presentment not traversable by the offender.
"The Vehmic Tribunals can only be considered as the original jurisdictions of the 'Old Saxons,' which survived the subjugation of their country. The singular and mystic forms of initiation, the system of enigmatical phrases, the use of the signs and symbols of recognition, may probably be ascribed to the period when the whole system was united to the worship of the Deities of Vengeance, and when the sentence was promulgated by the Doomsmen, assembled, like the Asi of old, before the altars of Thor or Woden. Of this connection with ancient pagan policy, so clearly to be traced in the Icelandic Courts, the English territorial jurisdictions offer some very faint vestiges; but the mystery had long been dispersed, and the whole system passed into the ordinary machinery of the law.
"As to the Vehmic Tribunals, it is acknowledged, that in a truly barbarous age and country, their proceedings, however violent, were not without utility. Their severe and secret vengeance often deterred the rapacity of the noble robber, and protected the humble suppliant; the extent, and even the abuse, of their authority was in some measure justified in an Empire divided into numerous independent jurisdictions, and not subjected to any paramount tribunal, able to administer impartial justice to the oppressed. But as the times improved, the Vehmic tribunals degenerated. The Echevins, chosen from the inferior ranks, did not possess any personal consideration. Opposed by the opulent cities of the Hanse, and objects of the suspicion and the enmity of the powerful aristocracy, the tribunals of some districts were abolished by law, and others took the form of ordinary territorial jurisdictions; the greater number fell into desuetude. Yet, as late as the middle of the eighteenth century, a few Vehmic tribunals existed in name, though, as it may be easily supposed, without possessing any remnant of their pristine power." – Palgrave on the Rise and Progress of the English Commonwealth. Proofs and Illustrations. p. 157.
I have marked by italic letters the most important passage of the above quotation. The view it contains seems to me to have every appearance of truth and justice – and if such should, on maturer investigation, turn out to be the fact, it will certainly confer no small honour on an English scholar to have discovered the key to a mystery, which had long exercised in vain the laborious and profound students of German antiquity.
There are probably several other points on which I ought to have embraced this opportunity of enlarging; but the necessity of preparing for an excursion to foreign countries, in quest of health and strength, that have been for some time sinking, makes me cut short my address upon the present occasion.
Although I had never been in Switzerland, and numerous mistakes must of course have occurred in my attempts to describe the local scenery of that romantic region, I must not conclude without a statement highly gratifying to myself, that the work met with a reception
