Anne of Geierstein: or, The Maiden of the Mist. Volume 1 of 2

"Before the general Chapter, all the members were liable to account for their acts. And it appears that the 'Freegraves' reported the proceedings which had taken place within their jurisdictions in the course of the year. Unworthy members were expelled, or sustained a severer punishment. Statutes, or Reformations, as they were called, were here enacted for the regulation of the Courts, and the amendment of any abuses; and new and unforeseen cases, for which the existing laws did not provide a remedy, received their determination in the Vehmic Parliament.

"As the Echevins were of two classes, uninitiated and initiated, so the Vehmic Courts had also a twofold character; the 'Offenbare Ding' was an Open Court or Folkmoot; but the 'Heimliche Acht' was the far-famed Secret Tribunal.

"The first was held three times in each year. According to the ancient Teutonic usage, it usually assembled on Tuesday, anciently called 'Dingstag,' or court-day, as well as 'Diensttag,' or serving-day, the first open or working day after the two great weekly festivals of Sun-day and Moon-day. Here all the householders of the district, whether free or bond, attended as suitors. The 'Offenbare Ding' exercised a civil jurisdiction; and in this Folkmoot appeared any complainant or appellant who sought to obtain the aid of the Vehmic tribunal, in those cases when it did not possess that summary jurisdiction from which it has obtained such fearful celebrity. Here also the suitors of the district made presentments or 'wroge,' as they are termed, of any offences committed within their knowledge, and which were to be punished by the Graff and Echevins.

"The criminal jurisdiction of the Vehmic Tribunal took the widest range. The 'Vehme' could punish mere slander and contumely. Any violation of the Ten Commandments was to be restrained by the Echevins. Secret crimes, not to be proved by the ordinary testimony of witnesses, such as magic, witchcraft, and poison, were particularly to be restrained by the Vehmic Judges; and they sometimes designated their jurisdiction as comprehending every offence against the honour of man or the precepts of religion. Such a definition, if definition it can be called, evidently allowed them to bring every action of which an individual might complain, within the scope of their tribunals. The forcible usurpation of land became an offence against the 'Vehme.' And if the property of an humble individual was occupied by the proud Burghers of the Hanse, the power of the Defendants might afford a reasonable excuse for the interference of the Vehmic power.

"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.

"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 of more than usual cordiality among the descendants of the Alpine heroes whose manners I had ventured to treat of; and I have in particular to express my thanks to the several Swiss gentlemen who have, since the novel was published, enriched my little collection of armour with specimens of the huge weapon that sheared the lances of the Austrian chivalry at Sempach, and was employed with equal success on the bloody days of Granson and Morat. Of the ancient doublehanded espadons of the Switzer, I have, in this way, received, I think, not less than six, in excellent preservation, from as many different individuals, who thus testified their general approbation of these pages. They are not the less interesting, that gigantic swords, of nearly the same pattern and dimensions, were employed, in their conflicts with the bold knights and men-at-arms of England, by Wallace, and the sturdy foot-soldiers who, under his guidance, laid the foundations of Scottish independence.

The reader who wishes to examine with attention the historical events of the period which the novel embraces will find ample means of doing so in the valuable works of Zschokké and M. de Barante – which last author's account of the Dukes of Burgundy is among the most valuable of recent accessions of European literature – and in the new Parisian edition of Froissart, which has not as yet attracted so much attention in this country as it well deserves to do.

W.S

Abbotsford, Sept. 17, 1831.

CHAPTER I

The mists boil up around the glaciers; clouds
Rise curling fast beneath me, white and sulphurous,
Like foam from the roused ocean …
… I am giddy.

    Manfred.
The course of four centuries has well-nigh elapsed since the series of events which are related in the following chapters took place on the Continent. The records which contained the outlines of the history, and might be referred to as proof of its veracity, were long preserved in the superb library of the Monastery of St. Gall, but perished, with many of the literary treasures of that establishment, when the convent was plundered by the French revolutionary armies. The events are fixed, by historical date, to the middle of the fifteenth century – that important period, when chivalry still shone with a setting ray, soon about to be totally obscured: in some countries, by the establishment of free institutions; in others, by that of arbitrary power, which alike rendered useless the interference of those self-endowed redressers of wrongs, whose only warrant of authority was the sword.

Amid the general light which had recently shone upon Europe, France, Burgundy, and Italy, but more especially Austria, had been made acquainted with the character of a people of whose very existence they had before been scarcely conscious. It is true, that the inhabitants of those countries which lie in the vicinity of the Alps, that immense barrier, were not ignorant that, notwithstanding their rugged and desolate appearance, the secluded valleys which winded among those gigantic mountains nourished a race of hunters and shepherds; men who, living in a state of primeval simplicity, compelled from the soil a subsistence gained by severe labour, followed the chase over the most savage precipices and through the darkest pine forests, or drove their cattle to spots which afforded them a scanty pasturage, even in the vicinage of eternal snows. But the existence of such a people, or rather of a number of small communities who followed nearly the same poor and hardy course of life, had seemed to the rich and powerful princes in the neighbourhood a matter of as little consequence, as it is to the stately herds which repose in a fertile meadow, that a few half-starved goats find their scanty food among the rocks which overlook their rich domain.

But wonder and attention began to be attracted towards these mountaineers, about the middle of the fourteenth century, when reports were spread abroad of severe contests, in which the German chivalry, endeavouring to suppress insurrections among their Alpine vassals, had sustained repeated and bloody defeats, although having on their side numbers and discipline, and the advantage of the most perfect military equipment then known and confided in. Great was the wonder that cavalry, which made the only efficient part of the feudal armies of these ages, should be routed by men on foot; that warriors sheathed in complete steel should be overpowered by naked peasants who wore no defensive armour, and were irregularly provided with pikes, halberts, and clubs, for the purpose of attack; above all, it seemed a species of miracle, that knights and nobles of the highest birth should be defeated by mountaineers and shepherds. But the repeated victories of the Swiss at Laupen, Sempach,[2 - See Editor's Notes at the end of the Volume. Wherever a similar reference occurs, the reader will understand that the same direction applies.] and on other less distinguished occasions, plainly intimated that a new principle of civil organisation, as well as of military movements, had arisen amid the stormy regions of Helvetia.

Still, although the decisive victories which obtained liberty for the Swiss Cantons, as well as the spirit of resolution and wisdom with which the members of the little confederation had maintained themselves against the utmost exertions of Austria, had spread their fame abroad through all the neighbouring countries; and although they themselves were conscious of the character and actual power which repeated victories had acquired for themselves and their country, yet down to the middle of the fifteenth century, and at a later date, the Swiss retained in a great measure the wisdom, moderation, and simplicity of their ancient manners; so much so, that those who were intrusted with the command of the troops of the Republic in battle, were wont to resume the shepherd's staff when they laid down the truncheon, and, like the Roman dictators, to retire to complete equality with their fellow-citizens, from the eminence of military command to which their talents, and the call of their country, had raised them.

It is, then, in the Forest Cantons of Switzerland, in the autumn of 1474, while these districts were in the rude and simple state we have described, that our tale opens.

Two travellers, one considerably past the prime of life, the other probably two or three and twenty years old, had passed the night at the little town of Lucerne, the capital of the Swiss state of the same name, and beautifully situated on the Lake of the Four Cantons. Their dress and character seemed those of merchants of a higher class, and while they themselves journeyed on foot, the character of the country rendering that by far the most easy mode of pursuing their route, a young peasant lad, from the Italian side of the Alps, followed them with a sumpter mule, laden apparently with men's wares and baggage, which he sometimes mounted, but more frequently led by the bridle.

The travellers were uncommonly fine-looking men, and seemed connected by some very near relationship, – probably that of father and son; for at the little inn where they lodged on the preceding evening, the great deference and respect paid by the younger to the elder had not escaped the observation of the natives, who, like other sequestered beings, were curious in proportion to the limited means of information which they possessed. They observed also, that the merchants, under pretence of haste, declined opening their bales, or proposing traffic to the inhabitants of Lucerne, alleging in excuse that they had no commodities fitted for the market. The females of the town were the more displeased with the reserve of the mercantile travellers, because they were given to understand that it was occasioned by the wares in which they dealt being too costly to find customers among the Helvetian mountains; for it had transpired, by means of their attendant, that the strangers had visited Venice, and had there made many purchases of rich commodities, which were brought from India and Egypt to that celebrated emporium, as to the common mart of the Western World, and thence dispersed into all quarters of Europe. Now the Swiss maidens had of late made the discovery that gauds and gems were fair to look upon, and, though without the hope of being able to possess themselves of such ornaments, they felt a natural desire to review and handle the rich stores of the merchants, and some displeasure at being prevented from doing so.

It was also observed, that though the strangers were sufficiently courteous in their demeanour, they did not evince that studious anxiety to please, displayed by the travelling pedlars or merchants of Lombardy or Savoy, by whom the inhabitants of the mountains were occasionally visited; and who had been more frequent in their rounds of late years, since the spoils of victory had invested the Swiss with some wealth, and had taught many of them new wants. Those peripatetic traders were civil and assiduous, as their calling required; but the new visitors seemed men who were indifferent to traffic, or at least to such slender gains as could be gathered in Switzerland.

Curiosity was further excited by the circumstance that they spoke to each other in a language which was certainly neither German, Italian, nor French, but from which an old man serving in the cabaret, who had once been as far as Paris, supposed they might be English; a people of whom it was only known in these mountains, that they were a fierce insular race, at war with the French for many years, and a large body of whom had long since invaded the Forest Cantons, and sustained such a defeat in the valley of Russwyl as was well remembered by the grey-haired men of Lucerne, who received the tale from their fathers.

The lad who attended the strangers was soon ascertained to be a youth from the Grisons country, who acted as their guide, so far as his knowledge of the mountains permitted. He said they designed to go to Bâle, but seemed desirous to travel by circuitous and unfrequented routes. The circumstances just mentioned increased the general desire to know more of the travellers and of their merchandise. Not a bale, however, was unpacked, and the merchants, leaving Lucerne next morning, resumed their toilsome journey, preferring a circuitous route and bad roads, through the peaceful cantons of Switzerland, to encountering the exactions and rapine of the robber chivalry of Germany, who, like so many sovereigns, made war each at his own pleasure, and levied tolls and taxes on every one who passed their domains, of a mile's breadth, with all the insolence of petty tyranny.

For several hours after leaving Lucerne, the journey of our travellers was successfully prosecuted. The road, though precipitous and difficult, was rendered interesting by those splendid phenomena, which no country exhibits in a more astonishing manner than the mountains of Switzerland, where the rocky pass, the verdant valley, the broad lake, and the rushing torrent, the attributes of other hills as well as these, are interspersed with the magnificent and yet fearful horrors of the glaciers, a feature peculiar to themselves.

It was not an age in which the beauties or grandeur of a landscape made much impression either on the minds of those who travelled through the country, or who resided in it. To the latter, the objects, however dignified, were familiar, and associated with daily habits and with daily toil; and the former saw, perhaps, more terror than beauty in the wild region through which they passed, and were rather solicitous to get safe to their night's quarters, than to comment on the grandeur of the scenes which lay between them and their place of rest. Yet our merchants, as they proceeded on their journey, could not help being strongly impressed by the character of the scenery around them. Their road lay along the side of the lake, at times level and close on its very margin, at times rising to a great height on the side of the mountain, and winding along the verge of precipices which sank down to the water as sharp and sheer as the wall of a castle descending upon the ditch which defends it. At other times it traversed spots of a milder character, – delightful green slopes, and lowly retired valleys, affording both pasturage and arable ground, sometimes watered by small streams, which winded by the hamlet of wooden huts with their fantastic little church and steeple, meandered round the orchard and the mount of vines, and, murmuring gently as they flowed, found a quiet passage into the lake.

"That stream, Arthur," said the elder traveller, as with one consent they stopped to gaze on such a scene as I have described, "resembles the life of a good and a happy man."

"And the brook, which hurries itself headlong down yon distant hill, marking its course by a streak of white foam," answered Arthur, – "what does that resemble?"

"That of a brave and unfortunate one," replied his father.

"The torrent for me," said Arthur; "a headlong course which no human force can oppose, and then let it be as brief as it is glorious."

"It is a young man's thought," replied his father; "but I am well aware that it is so rooted in thy heart, that nothing but the rude hand of adversity can pluck it up."

"As yet the root clings fast to my heart's strings," said the young man; "and methinks adversity's hand hath had a fair grasp of it."

"You speak, my son, of what you little understand," said his father. "Know, that till the middle of life be passed, men scarce distinguish true prosperity from adversity, or rather they court as the favours of fortune what they should more justly regard as the marks of her displeasure. Look at yonder mountain, which wears on its shaggy brow a diadem of clouds, now raised and now depressed, while the sun glances upon, but is unable to dispel it; – a child might believe it to be a crown of glory – a man knows it to be the signal of tempest."

Arthur followed the direction of his father's eye to the dark and shadowy eminence of Mount Pilatus.

"Is the mist on yonder wild mountain so ominous, then?" asked the young man.

"Demand of Antonio," said his father; "he will tell you the legend."

The young merchant addressed himself to the Swiss lad who acted as their attendant, desiring to know the name of the gloomy height, which, in that quarter, seems the leviathan of the huge congregation of mountains assembled about Lucerne.

The lad crossed himself devoutly, as he recounted the popular legend, that the wicked Pontius Pilate, Proconsul of Judea, had here found the termination of his impious life; having, after spending years in the recesses of that mountain which bears his name, at length, in remorse and despair rather than in penitence, plunged into the dismal lake which occupies the summit. Whether water refused to do the executioner's duty upon such a wretch, or whether, his body being drowned, his vexed spirit continued to haunt the place where he committed suicide, Antonio did not pretend to explain. But a form was often, he said, seen to emerge from the gloomy waters, and go through the action of one washing his hands; and when he did so, dark clouds of mist gathered first round the bosom of the Infernal Lake (such it had been styled of old), and then, wrapping the whole upper part of the mountain in darkness, presaged a tempest or hurricane, which was sure to follow in a short space. He added, that the evil spirit was peculiarly exasperated at the audacity of such strangers as ascended the mountain to gaze at his place of punishment, and that, in consequence, the magistrates of Lucerne had prohibited any one from approaching Mount Pilatus, under severe penalties. Antonio once more crossed himself as he finished his legend; in which act of devotion he was imitated by his hearers, too good Catholics to entertain any doubt of the truth of the story.

"How the accursed heathen scowls upon us!" said the younger of the merchants, while the cloud darkened and seemed to settle on the brow of Mount Pilatus. "Vade retro! Be thou defied, sinner!"

A rising wind, rather heard than felt, seemed to groan forth, in the tone of a dying lion, the acceptance of the suffering spirit to the rash challenge of the young Englishman. The mountain was seen to send down its rugged sides thick wreaths of heaving mist, which, rolling through the rugged chasms that seamed the grisly hill, resembled torrents of rushing lava pouring down from a volcano. The ridgy precipices, which formed the sides of these huge ravines, showed their splintery and rugged edges over the vapour, as if dividing from each other the descending streams of mist which rolled around them. As a strong contrast to this gloomy and threatening scene, the more distant mountain range of Rigi shone brilliant with all the hues of an autumnal sun.

While the travellers watched this striking and varied contrast, which resembled an approaching combat betwixt the powers of Light and Darkness, their guide, in his mixed jargon of Italian and German, exhorted them to make haste on their journey. The village to which he proposed to conduct them, he said, was yet distant, the road bad, and difficult to find, and if the Evil One (looking to Mount Pilatus, and crossing himself) should send his darkness upon the valley, the path would be both doubtful and dangerous. The travellers, thus admonished, gathered the capes of their cloaks close round their throats, pulled their bonnets resolvedly over their brows, drew the buckle of the broad belts which fastened their mantles, and each with a mountain staff in his hand, well shod with an iron spike, they pursued their journey, with unabated strength and undaunted spirit.

With every step the scenes around them appeared to change. Each mountain, as if its firm and immutable form were flexible and varying, altered in appearance, like that of a shadowy apparition, as the position of the strangers relative to them changed with their motions, and as the mist, which continued slowly though constantly to descend, influenced the rugged aspect of the hills and valleys which it shrouded with its vapoury mantle. The nature of their progress, too, never direct, but winding by a narrow path along the sinuosities of the valley, and making many a circuit round precipices and other obstacles which it was impossible to surmount, added to the wild variety of a journey, in which, at last, the travellers totally lost any vague idea which they had previously entertained concerning the direction in which the road led them.

"I would," said the elder, "we had that mystical needle which mariners talk of, that points ever to the north, and enables them to keep their way on the waters, when there is neither cape nor headland, sun, moon, nor stars, nor any mark in heaven or earth, to tell them how to steer."