the swedish court and appeal system Livonian capital Riga, where it remained, now as “Livländisches Hofgericht”, rather than “Hofgericht zu Dorpat”. The court itself persisted even after both the Livonian knighthood and the town of Riga had signed the capitulation treaty with General Sheremetev, the representative of the Russian Tsar, on 4 July 1710.34 As was customary in the event of changes of rulers everywhere in Europe at that time,35 the points of accord (in Latin, capitula), demanded by the Livonian knighthood and the town Riga first and foremost, included the preservation of the local religion and church organization which in this case was evangelical Lutheranism. The Russian authorities also promised to retain the university together with its privileges. The same promise was given for the second time some weeks later when the town Pärnu (in German: Pernau) was conquered.36 Due to the danger of war, the university had been evacuated from Tartu to this coastal town. When Russian troops reached Pärnu and it was once more confirmed in the town’s capitulation agreement that the university would be maintained, the sad truth became apparent that the university did not exist anymore. Both professors and students had escaped abroad, some to Sweden, some to Finland, some to Northern Germany. Therefore, the Swedish-established University of Tartu failed to become the first university in the Russian Empire. These events also bring out the difference between the two royal institutions. At the university, foreigners were teaching or studying. The court, on the contrary, was populated by local nobles and scholars. Following the affirmation of the intactness of status provincialis and its conservationplenario, the preservation of the existing court system and its personnel was demanded from the new ruler.37 The Russian side furthermore took into account the interests of people who perhaps did not want 34 Schirren, Carl (ed.) 1865, pp 33-61, 65-81. 35 About the international background of Baltic capitulation in a longue durée perspective, see: Ungern- Sternberg, Jürgen von 2014 passim. 36 Die Capitulaton der schwedischen Garnison in Pernau, 12.08.1710. In: Winkelmann, Eduard (ed.) 1865 pp. 85-106. 37 For instance in the art. 6of the Capitulation of Livonian Knighthood: “Nebst der Bestellung des wahren Gottes Dienstes beruhet die grund Veste eines landes auf der administration der Justice, 226
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