The pursuit of justice has often taken peculiar and, by today's standards, inexplicable forms. Long before the advent of modern forensic science, which includes DNA analysis, fingerprinting, and bloodstain pattern analysis, courts relied on rituals and superstitions to determine the guilt or innocence of suspects. This method of determining guilt or innocence was prevalent in various societies for centuries, from medieval Europe to colonial America. One of the most unusual of these rituals was the practice of trial by ordeal, where individuals were subjected to dangerous tests in the belief that divine intervention would reveal the truth. In some cases, they were forced to walk blindfolded on red-hot coals or ploughshares (trial by fire.) In other cases, they were made to leap into a cold river to see if they would float or sink (trial by water.) Societies that used trial by ordeal believed that a god or gods would protect the innocent from harm and punish the guilty. If the individual survived the ordeal, they were acquitted. Among these rituals, cruentation, or the ordeal of the bier, stood out as a method reserved for suspected murderers. This ritual involved placing the accused before the corpse of the victim and waiting for signs of blood or other unusual phenomena.
Cruentation: A Murderer's Test
Cruentation, specifically designed for suspected murderers, had its roots in medieval Europe. The term "cruentation" is derived from Latin words meaning "staining with blood" and "to make bloody." Cruentation appears in many texts relating to criminal procedure: the Malleus Maleficarum, or King James’ Daemonologie. In this eerie practice, the accused stood before the corpse of the murder victim, typically within two to three days of the crime, and was instructed to place their hands on the body. The belief was that if the wounds of the corpse bled or if other unusual signs appeared, it indicated divine intervention and pronounced the accused as guilty. Some even believed that the mere presence of the murderer could induce bleeding in the corpse. This ritual lasted in courts across Europe and colonial America from at least the 1100s to the early 1800s.
The following account comes from Francis Barrett’s The Magus, 1801. Barrett (born in the 1770s) claimed to have been a witness to the event which led to a Welsh justice of the peace demanding trial by touch of the corpse.
“This singular property of the blood, which Helmont calls Vital Powers, is no less wonderful than true, having been myself a witness of this experiment while in South Wales. It was tried upon a body that was maliciously murdered, through an occasion of a quarrel over-night at an alehouse. The fellow who was suspected of the murder appeared the next day in public seemingly unconcerned. The Coroner’s jury sat upon the body within twenty-four hours after this notable murder was committed; when the suspected was suddenly taken into custody, and conveyed away to the same public-house where the inquisition was taken. After some debate, one Dr. Jones desired the suspect to be brought into the room; which done, he desired the villain to lay his left hand under the wound, which was a deep gash on the neck, and another on the breast; the villain plainly confessed his guilt by his trepidation; but as soon as he lightly laid his finger on the body, the blood immediately ran, about six or seven drops, to the admiration of all present. If any one doubts the truth of this narrative, however learned and profound he may think himself, let him call personally upon me, and I will give him such reference, and that truly respectable and fair, as shall convince him of the fact.”
The Procedure of Cruentation
The procedure for cruentation varied between cultures and courtrooms, but a general process emerged. The suspect would be placed at a distance from the victim, who lay naked on their back. The accused would approach the body, often calling it by name, and walk around it several times. They would then gently stroke the wounds with their hand. If fresh bleeding occurred, or if the body moved, or foam appeared at the mouth during this process, the suspect was considered guilty of murder. If not, further evidence was sought, and sometimes the entire local population was made to pass by the corpse, with a positive result seen as evidence of divine intervention.
(Image depicts a body in a coffin starting to bleed in the presence of the murderer in an illustration of the laws of Hamburg in 1497.)
Interpreting Cruentation
The belief in cruentation was deeply ingrained in the societies that practised it. While some viewed it as a heaven-sent miracle, others saw it as a manifestation of natural causes. For instance, it was suggested that dead bodies retained a degree of vitality for a short period, during which they could still hear, see and react to the touch of a murderer. Additionally, it was proposed that spirits were transferred between the victim and the murderer at the time of the homicide, and the murderer's presence caused the blood to flow as a sympathetic action to the victim’s fury. In this way, revenge was obtained, moral order was reestablished and the victim could be at peace.
Belief in Cruentation
It might be tempting to dismiss the idea of corpses bleeding as pure superstition. However, historical accounts reveal that many learned individuals before the 18th century genuinely believed in the reality of cruentation. The mere belief in this phenomenon often served as a powerful tool to induce murderers to confess or reveal themselves by their reactions to the prospect of undergoing the test.
Challenging the Belief
The gradual discrediting of cruentation required the endorsement of both physicians and theologians. Prominent figures like Girolamo Maggi questioned the logic behind the practice. They raised valid points, such as why cruentation did not occur in cases where the victim was killed in their sleep or when the murder took place at a distance, as in the case of gunshot wounds. As scepticism grew, cruentation began to lose its credibility.
The Decline of Cruentation
England discontinued the use of cruentation at the end of the 17th century, while German courts abandoned it at the end of the 18th century. Surprisingly, there are records of American courts using this method until 1869, making it one of the last vestiges of trial by ordeal in the Western world. The persistence of cruentation can be attributed to its adaptability to non-supernatural interpretations, aligning with the evolving understanding of science and medicine.
Cruentation in Literature and Theater
Cruentation also left its mark on literature and theatre. It found a prominent place in works of Elizabethan and Jacobean playwrights, notably in William Shakespeare's play, "Richard III." The dramatic portrayal of cruentation in theatre added an element of suspense and intrigue, highlighting the enduring fascination with this peculiar practice.
The history of cruentation offers a captivating glimpse into the intersection of theology, law, medicine, and science during the middle ages and early modern Europe. It serves as a testament to the human quest for justice and truth, even when pursued through methods that seem bizarre today. While cruentation may have faded into the annals of history, its legacy endures as a reminder of the evolution of human understanding and the lengths to which societies have gone in the pursuit of justice. In hindsight, it stands as a testament to the ever-changing definition of truth in the context of its time.
