the svea court of appeal in the early modern period 240 Death sentences were regularly commuted in various ways, such as to lifelong deportation (sometimes combined with whipping) or running the gauntlet.651 When the Dorpat Lower Court had condemned a peasant called Jürgen to have his right ear cut off and to deportation for assault and battery (25 April 1674), the Court of Appeal commuted the sentence to flogging (“scharpfe Hausdisciplin[…] mit 30. Paar Ruthen”).652 Although an important part of the inquisitorial quest for judicial truth in many parts of Europe in the late Middle Ages, judicial torture went into decline in the early modern period.653 In Sweden, several legislative attempts were made in the early part of the seventeenth century to legalize torture, none of which succeeded. Following John Langbein’s thesis regarding England,654 I have explained this elsewhere by the fact that Sweden did not possess a corps of legal professionals, which would have been necessary to use judicial torture in a controllable manner.655 In Livonia, in contrast, judicial torture was used regularly from the early years of the Swedish period at least until about 1690. Torture was also regulated in Livonia. TheLandgerichtsordnung of 1632 (Art. XXXand XXXIV) regulated torture following the typical ius commune precepts.656 Judicial torture was lawful if based on “sufficient circumstantial evidence” (genugsame indicia) and “presumptions” (praesumptiones). The court was not to proceed to torture before it had received permission to do so from the High Court. Depending on the results, more witnesses could be heard and additional inquisitorial measures be taken. The final decision then had to be sent again for the Court of Appeal’s approval. Georg Stiernhielm, aSwedish judge at the Land Court of Dorpat,657 referred a witchcraft case to the Court of Appeal in 1632. In his cover letter portation for life and flogging, LVA, Akten des Livländischen Hofgerichts 1630 –1709, 109/1/8, Protocollum votarum 1670 – 1672. In 1673 – 1675, the High Court heard 11 cases by way of leuterationand 72 cases in 1692 –1693. 651 LVA, Akten des Livländischen Hofgerichts 1630–1709, 109/1/23, Kriminalurteile 16921693. 652 LVA, Akten des Livländischen Hofgerichts 1630 –1709, 109/1/11, Protocollae votarum 1672-1675. 653 For different parts of France, see Cameron, Ian 1981; Mer, Louis-Bernard 1985; Pinson-Ramin, Véronique 1994. 654 Langbein, John H. 1978. 655 See Pihlajamäki, Heikki 2007. 656 On these, see Fiorelli, Piero 1953-1954 and Langbein, John H. 1978. 657 Stiernhielm is also known as the “father of Swedish poetry.” He was undoubtedly
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