The Bahrprobe (cruentation, ordeal of the bier) – obtaining evidence in cases of homicide in legal practice in 16th- and 17th-century Silesian and Moravian towns and the countryside

The article describes the evidentiary method in murder trials known as the Bahrprobe, or trial by cruentation. Although classified as a type of ordeal and primarily associated with the Middle Ages, it was successfully employed during the early modern period as well. The article reconstructs the pro...

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Main Author: Daniel Wojtucki
Format: Article
Language:deu
Published: Adam Mickiewicz University 2025-06-01
Series:Czasopismo Prawno-Historyczne
Subjects:
Online Access:https://pressto.amu.edu.pl/index.php/cph/article/view/45096
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author Daniel Wojtucki
author_facet Daniel Wojtucki
author_sort Daniel Wojtucki
collection DOAJ
description The article describes the evidentiary method in murder trials known as the Bahrprobe, or trial by cruentation. Although classified as a type of ordeal and primarily associated with the Middle Ages, it was successfully employed during the early modern period as well. The article reconstructs the procedure of the trial by bier in the early modern era based on court records and chronicle entries. Early modern practitioners largely regarded the Bahrprobe as a legal relic, however, despite frequent criticism of the practice, it persisted in tradition and was still employed as late as the 18th century. It occurred in cases where the perpetrator of the crime was unknown or when there were multiple suspects accused of committing the crime.
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spelling doaj-art-83abff06870a4dfebbc80ab9dce552c82025-08-20T02:34:59ZdeuAdam Mickiewicz UniversityCzasopismo Prawno-Historyczne0070-24712720-21862025-06-0177110.14746/cph.2025.1.2The Bahrprobe (cruentation, ordeal of the bier) – obtaining evidence in cases of homicide in legal practice in 16th- and 17th-century Silesian and Moravian towns and the countrysideDaniel Wojtuckihttps://orcid.org/0000-0002-8539-4410 The article describes the evidentiary method in murder trials known as the Bahrprobe, or trial by cruentation. Although classified as a type of ordeal and primarily associated with the Middle Ages, it was successfully employed during the early modern period as well. The article reconstructs the procedure of the trial by bier in the early modern era based on court records and chronicle entries. Early modern practitioners largely regarded the Bahrprobe as a legal relic, however, despite frequent criticism of the practice, it persisted in tradition and was still employed as late as the 18th century. It occurred in cases where the perpetrator of the crime was unknown or when there were multiple suspects accused of committing the crime. https://pressto.amu.edu.pl/index.php/cph/article/view/45096Silesiacruentationordeal of the bierbahrprobehistory of lawearly modern period
spellingShingle Daniel Wojtucki
The Bahrprobe (cruentation, ordeal of the bier) – obtaining evidence in cases of homicide in legal practice in 16th- and 17th-century Silesian and Moravian towns and the countryside
Czasopismo Prawno-Historyczne
Silesia
cruentation
ordeal of the bier
bahrprobe
history of law
early modern period
title The Bahrprobe (cruentation, ordeal of the bier) – obtaining evidence in cases of homicide in legal practice in 16th- and 17th-century Silesian and Moravian towns and the countryside
title_full The Bahrprobe (cruentation, ordeal of the bier) – obtaining evidence in cases of homicide in legal practice in 16th- and 17th-century Silesian and Moravian towns and the countryside
title_fullStr The Bahrprobe (cruentation, ordeal of the bier) – obtaining evidence in cases of homicide in legal practice in 16th- and 17th-century Silesian and Moravian towns and the countryside
title_full_unstemmed The Bahrprobe (cruentation, ordeal of the bier) – obtaining evidence in cases of homicide in legal practice in 16th- and 17th-century Silesian and Moravian towns and the countryside
title_short The Bahrprobe (cruentation, ordeal of the bier) – obtaining evidence in cases of homicide in legal practice in 16th- and 17th-century Silesian and Moravian towns and the countryside
title_sort bahrprobe cruentation ordeal of the bier obtaining evidence in cases of homicide in legal practice in 16th and 17th century silesian and moravian towns and the countryside
topic Silesia
cruentation
ordeal of the bier
bahrprobe
history of law
early modern period
url https://pressto.amu.edu.pl/index.php/cph/article/view/45096
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