“Due Process”
Witchcraft was a serious crime, defined by law and adjudicated by the courts. Physical evidence and witness testimonies helped build the case, but the “gold standard” for conviction was the individual’s confession. Why were confessions so important? The crime of witchcraft included two elements: physical submission to the devil as well as maleficia. Only a guilty person could provide proof of the former and demonic powers were needed to enact the latter. By the 16th century, manuals appeared that prescribed methods for identifying, prosecuting, and punishing witches.
Few suspects voluntarily confessed to fantastical crimes that would condemn them to death. Torture then could be applied to loosen their tongues. Some trial records note that individuals “freely and voluntarily” confessed, providing strong proof of their guilt. In reality such phrases were code for “light” torture, such as sleep deprivation, stretching on racks, or the pressing of limbs in iron casings. More extreme measures could be employed over multiple sessions until a confession was secured. The accused were then prompted to name others, thus deepening the process in ever widening circles and building case precedence for future trials.