“Kopa” Courts in the Grand Duchy of Lithuania

Abstract

The history of the “kopa” courts in the Grand Duchy of Lithuania dates back to the takeover of the Ruthenian lands at the close of the thirteenth and the beginning of the fourteenth century. Their operation was regulated in the sixteenth century by the Statutes of Lithuania. In terms of jurisdiction, these courts dealt chiefly with theft and only occasionally with homicide. Proceedings were attended by peasants, Jews, Tatars and members of the nobility, and were most often initiated by landowners. The nobility’s pursuit of their own interests meant that hearings could at times become quite heated. Torture, carried out by the executioner, was at times used to induce a confession from the suspect. Hearings were held outdoors, and in matters of particular gravity, court ushers informed participants of the date. They also supervised the proceedings and prepared written reports, although they did not intervene in the decisions themselves. These could be confirmed, altered or even annulled by the castle courts. The “kopa” courts survived into the eighteenth century. Their strengths lay in the speed of their proceedings, their detailed knowledge of the locality in which the crime had been committed, and the judges’ marked determination to bring offenders to justice.