Witch Outlawed: Legal Foundations of the Lithuanian Witch Trials
摘要
The chapter delves into the normative aspects of witchcraft in the Grand Duchy of Lithuania, tracking its transformation from a personal sin and superstition to a state-recognized public crime, and eventually its decline. Both ecclesiastical and secular elites shaped the development of anti-witchcraft legislation. By examining various legal sources, the text constructs a legal portrait of how legislators envisioned witchcraft, shedding light on the attitudes and practices surrounding witch-hunting in Early Modern Lithuanian society. First of all, it explores domestic legislation, particularly the Lithuanian Statutes. Witchcraft, primarily viewed through the lens of maleficium, was treated as a felony and subjected to standard legal procedures, which established the broader legal stance on witchcraft in Lithuania. Special attention is paid to city law, focusing on Magdeburg law, and the influence of foreign legal traditions, especially German Imperial law, which incorporated a regulated use of torture in criminal proceedings. Additionally, the role of Divine law, as reflected in the Holy Scriptures, is considered. Although its direct influence on legal processes was less significant than secular legal codes and cultural beliefs, it still played a notable role.