The catholic and protestant believers in the late 15th and 16th century in Europe, especially the areas of Germany, agitated against the growing concern of witches around the region.[1] This research seeks to determine the role of torture in prosecuting and getting confessions from people accused of witchcraft in Germany.
Witches were known as people who invoked the spirits of the dead using magic spells to bring a particular change in society. However, according to Christians who drew wisdom from a biblical context, it was against the will of God to seek help from dark powers, hence advocated for the assassination of all the witches in Europe. The concern about witches spread across the entire European continent. However, research indicates that Germany recorded the highest number of executions of about 25,000 people, who were mainly women.[2] Scholars pondered the high numbers of witch trials and executions in Germany; even though it was the least populated country in Europe, it recorded over 50% of all executions in Europe.[3]
The discrepancies in the executions of witches witnessed in European countries, including Spain, Italy, France, and Germany, resulted from the legal philosophies during the 15th and 16th centuries. The legal systems influenced how different countries approached the issue of witchcraft in their region. Countries like Spain and France believed in proof beyond reasonable doubt as a mechanism for prosecution. Proofing that a person has perpetuated or is involved in witchcraft was a challenge in those countries. However, Germany, which relied heavily on Ecclesiastical principalities, witnessed heightened witch panics and executions.[4] In Germany, the adoption of its criminal law in 1530 contributed to the weak justice system that empowered magistrates who disregarded the rights of the accused persons.[5] The law allowed magistrates to oversee cases in closed rooms and use torture and intimidation to win a conviction. The accused persons in Germany lacked access to legal counsel, hence the high rate of harassment and inhumane punishment of witches using means such as burning or hanging.
Different scholars have written about the use of torture in witch trials across Europe. One of the most intelligent books that shed light on this topic is “The Trial of Tempel Anneke: Records of a Witchcraft Trial in Brunswick, Germany, 1663, Second Edition,” Written by Scholz, edited by Morton, P. and published in 2017. The book seeks to provide a vivid description of witchcraft trials in the 17th century using a lady called Anneke, who is the protagonist of the story. It is clear from the book that the social, cultural, and political issues surrounding the life of Anneke restrained access to justice. The 17th century was when the justice system overlooked justice and emphasized prosecution despite the defense presented by the accused.[6]
The work of George L. Burr in “Witch Persecution in Bamberg” also paints the ideal picture of the legal system in Germany. The book exposes the rot in the justice system characterized by torture, intimidation, and attempts to achieve self-incrimination from accused persons.[7] The protagonist in the book is Johannes Junius, whom the prosecution accused of witchcraft and tortured him to confess his guilt.
George L. Burr also helped unmask the growing witch craze through “Witch Persecution in Trier.” Burr exposes the fact that the massive persecution, torture, and exile of people accused of witchcraft together with their families.[8] It is clear from the book that members of the high class in society benefited from the executions. Burr presents similar arguments in “Witch Persecutions in Wurzburg.” According to Burr, the prosecutions had risen to extraordinary levels involving people who are genuinely innocent including young children, members of the clergy, and lawyers.[9] It was now becoming evident that the justice system lacked objectivity. They confiscated the accused’s property and enjoyed hefty salaries and allowances according to the number of convictions achieved.
The sources discussed above are central to understanding why the system in Germany used torture to achieve convictions of witches. As indicated earlier in the paper, Europe was concerned about witchcraft. However, convictions were relatively low in other regions except Germany. The sources will help answer the question of the role of the justice system in unfair prosecutions and the role of torture in solving the witch panic, among other social-political concerns.
Bibliography
Black, Monica. A demon-haunted land: Witches, wonder doctors, and the ghosts of the past in post-WWII Germany. Metropolitan Books, 2020.
Brandl, Katharina. “Summoning the Witches of the Past.” Curating as Feminist Organizing (2022).
Burr, George L. “The Witch Persecution at Bamberg.” Translations and Reprints from Original Sources of European History 3: 23-28. Link: https://history.hanover.edu/texts/bamberg.html
Burr, George L. “The Witch Persecution at Trier.” Translations and Reprints from Original Sources of European History 3: 13-18. Link: https://history.hanover.edu/texts/trier.html
Burr, George L. “The Witch Persecution at Wurzburg.” Translations and Reprints from Original Sources of European History 3: 28-29.Link: https://history.hanover.edu/texts/wurz.html
Dillinger, Johannes. “Germany–“The Mother of the Witches”.” In The Routledge history of witchcraft, pp. 94-112. Routledge, 2019.
Goodare, Julian, Rita Voltmer, and Liv Helene Willumsen, eds. Demonology and witch-hunting in early modern Europe. Routledge, 2020.
Morton, Peter A., ed. The Trial of Tempel Anneke: Records of a Witchcraft Trial in Brunswick, Germany, 1663. University of Toronto Press, 2017. Link: ; https://www.jstor.org/stable/10.3138/j.ctt2tthfn
Quensel, Stephan. “Witch Belief: Skepticism and Criticism.” In Witch Politics in Early Modern Europe (1400–1800), pp. 583-642. Wiesbaden: Springer Fachmedien Wiesbaden, 2023.
[1] Black, Monica. A demon-haunted land: Witches wonder doctors, and the Ghosts of the Past in post-WWII Germany. Metropolitan Books, 2020.
[2] Quensel, Stephan. “Witch Belief: Skepticism and Criticism.” In Witch Politics in Early Modern Europe (1400–1800), pp. 583-642. Wiesbaden: Springer Fachmedien Wiesbaden, 2023.
[3] Dillinger, Johannes. “Germany–“The Mother of the Witches”.” In The Routledge history of witchcraft, pp. 94-112. Routledge, 2019.
[4] Dillinger, Johannes. “Germany–“The Mother of the Witches”.” In The Routledge history of witchcraft, pp. 94-112. Routledge, 2019.
[5] Goodare, Julian, Rita Voltmer, and Liv Helene Willumsen, eds. Demonology and witch-hunting in early modern Europe. Routledge, 2020.
[6] Morton, Peter A., ed. The Trial of Tempel Anneke: Records of a Witchcraft Trial in Brunswick, Germany, 1663. University of Toronto Press, 2017.
[7] Burr, George L. “The Witch Persecution at Bamberg.” Translations and Reprints from Original Sources of European History 3: 23-28.
[8] Burr, George L. “The Witch Persecution at Trier.” Translations and Reprints from Original Sources of European History 3: 13-18.
[9] Burr, George L. “The Witch Persecution at Wurzburg.” Translations and Reprints from Original Sources of European History 3: 28-29.
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