Witch trials in Germany, and elsewhere, generally began with an accusation against an individual, typically a poor woman. Her accuser was usually of a higher social class. The accused was typically guilty of nothing more than her own misfortune. Most of the accused, when charges were leveled against them, pled their own innocence. Inquisitorial law actually provided the accused with some protections; however, many witch trials were conducted outside the Roman courts, and even those conducted within the Roman courts often did not follow Inquisitorial law. Trials conducted under Roman jurisdiction were, in theory, strictly controlled, and efforts were made to avoid loose allegations; however, in reality, as the witch hunts continued loose allegations were commonplace. According to Inquisitorial law, torture could be used, but only after the defense had made its case, and if the evidence against the accused was compelling. This was not the reality of the situation.
By the sixteenth century, the secular courts had control over the witch trials in all but Spain and Italy, and the few legal protections that Inquisitorial law had provided were removed. The state was both far more brutal and far more interested in witch hunting than the church had been. The secular courts used torture even after the accused had confessed, subjected the accused, particularly women, to frequent physical exams by the male executioner, and kept two male guards in the female prisoner's cell, thereby subjecting her to rape and sexual harassment.
In Germany, the torture used against the accused included dislocating the arms by hoisting the victim up by his bound arms and attaching progressively heavier stones to his feet, holding a flaming torch to sensitive areas, including the armpits, and whipping. While this is drawn from the records of a man's torture and trial, Michel Pappenheimer's, it is likely that women, including Michel's mother Anna, suffered through many of the same tortures. According to contemporary records, women typically held up under torture longer than men did. Records indicate that the torture of women also included placing the accused in the "witch chair" which had a metal seat heated from beneath, and tearing the flesh of the breasts with hot pincers. These are clearly rather gender specific forms of torture. If the victim should happen to die from the torture, this was deemed clear evidence of her guilt, as the devil had silenced her.
Where did the differences lie in the trials, torture and execution of men and women tried for witchcraft? There are certainly similarities. Both men and women tried were often, although certainly not always, from the lowest social classes. Men and children accused of witchcraft were frequently linked by either family or marriage to women tried for witchcraft. That all said, women made up the vast majority of the accused. The differences lie not only in the numbers, but also in the accusations, the trials and torture, and the eventual punishment.
