The decentralization of courts is often cited as a primary factor driving intense witch hunts in various regions. In the Grand Duchy of Lithuania, the court system was fragmented along societal lines, which often mirrored cultural and religious differences. The most severe witch hunts occurred in rural courts, particularly in patrimonial and communal courts. The lack of oversight in these courts facilitated abuse and arbitrariness, especially in patrimonial courts, where the will of the lords heavily influenced proceedings. The criminal county court served as the primary judicial institution for the nobility. County trials generally followed the accusatorial procedure strictly, adhered to written regulations, and involved professional jurists for both parties. The possibility of appealing to a higher court, such as the Lithuanian Tribunal, ensured that cases were handled carefully, and as a result, death sentences were rarely imposed. City courts, which applied collections of Magdeburg law in Polish translations, permitted both accusatorial and inquisitorial procedures. However, most trials proceeded in an accusatorial manner, with relatively rigorous case examinations. Punishments for slander helped limit the number of lawsuits. Paradoxically, despite the fragmented and loosely controlled judicial system in Lithuania, which theoretically could have fostered extensive witch hunts, such large-scale persecution did not materialize in practice.

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Mosaic of (In)justice: Witch Trials in Particular Courts

  • Vital Byl

摘要

The decentralization of courts is often cited as a primary factor driving intense witch hunts in various regions. In the Grand Duchy of Lithuania, the court system was fragmented along societal lines, which often mirrored cultural and religious differences. The most severe witch hunts occurred in rural courts, particularly in patrimonial and communal courts. The lack of oversight in these courts facilitated abuse and arbitrariness, especially in patrimonial courts, where the will of the lords heavily influenced proceedings. The criminal county court served as the primary judicial institution for the nobility. County trials generally followed the accusatorial procedure strictly, adhered to written regulations, and involved professional jurists for both parties. The possibility of appealing to a higher court, such as the Lithuanian Tribunal, ensured that cases were handled carefully, and as a result, death sentences were rarely imposed. City courts, which applied collections of Magdeburg law in Polish translations, permitted both accusatorial and inquisitorial procedures. However, most trials proceeded in an accusatorial manner, with relatively rigorous case examinations. Punishments for slander helped limit the number of lawsuits. Paradoxically, despite the fragmented and loosely controlled judicial system in Lithuania, which theoretically could have fostered extensive witch hunts, such large-scale persecution did not materialize in practice.