Witchcraft in the Courtroom: The Toolkit of Lithuanian Witch Prosecution
摘要
The chapter compares legal norms with their practical application in witch trials. It offers a general overview of witch trials in the Grand Duchy of Lithuania, highlighting the influence of contemporary European judicial trends and exploring local procedural specifics shaped by older traditions and current circumstances. The text also examines how various judicial tools were used (and misused) to investigate the imagined crime of witchcraft. Lithuanian courts typically employed an accusatorial procedure, where the burden of proof fell on the accuser, though some courts also followed an inquisitorial approach. Jurists were familiar with the concept of crimen exceptum, which removed certain restrictions to facilitate witchcraft investigations; however, most witch trials were treated as standard criminal cases. Torture was commonly used, though its misuse was relatively rare. Special tests, such as dunking or, more rarely, the search for Devil’s Marks, were occasionally employed. Oaths played a crucial role in witch trials, often serving as conclusive proof of guilt. The oath by the community indicated collective support or disapproval of the defendant. Despite the available legal toolkit, there was a significant lack of intent within Lithuanian society and its central and local elites to fully utilize these measures for widespread witch-hunting.