4.2. The mediaeval code of law was still in force during the 17th century. Maleficium alone is listed as a crime. In practice, however, many other forms including simple superstition and religiously deviating witchcraft were penalised. In the rough draft for law improvement, produced during the first half of the 17th century, the maleficium paragraph was extended to inelude compact and other heresy. Thus the current laws were felt to be unclear and insufficient. Meanwhile, however, the Court of Appeal, through its supervisory activities, had begun to be able to influence legal developments. The theoretical demands for extending the list of crimes along biblical lines can be seen in the central treatment of a number of witchcraft cases where the influence from the continent becomes evident. This general trend led to a large number of factors from both Swedish and continental doctrine being taken into account during the major trials. The particular decision of the court was often the result of a complicated and only rarely fully articulate weighing of the material and formal criteria: the nature and gravity of the crime, the intent and general dangerousness of the criminal, and the quality and extent of the evidence. The intent (dolus), which otherwise played an important role in the doctrine, was finally disregarded in the proceedings. This was because, as already mentioned, many witches continued their dangerous activities against their will; they were compelled by the Devil. The ordinary rules of evidence were also ignored, usually by reference to the at once detestable and secret nature of the crime (crimen exceptum et occultum). There are clear traces of inquisitorial elements in the proceedings. Questioning takes place ex officio, often using standardised lists of questions (interrogatoria; artikulierte Verhöre). Children and accomplices were not normally permitted to give evidence (inidonei). The methods of interrogation were applied in order establish that they were at least in agreement (contestes). Usually, however, the desire to gain a conviction w'as so strong that unsuitable witnesses, the unsure and the ambiguous, were not bothered with. The accused was subjected to severe pressure both from the court and the public. Formal torture was far more common than has previously been supposed. 4.3. Research on witchcraft trials in Europe has long been dominated by ideological and legal aspects. Yet during recent decades in particular, scholars have put forward theories based on economic and social factors. Conflict, tension, social stratification and minority groups have been key terms in the recent discussion. Methods from the social sciences hav^e been employed, while at the same time rather flimsy comparisons have been made between magical customs and ideas in contemporary ”primitive” African and American Indian societies. This type of sociological theory cries out to be tested by statistics and other quantitative data. However, these have scarcely been in evidence. Not even such an obvious and simple matter as the predo336
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