Cultures of Witnessing: Law and the York Plays

The York Plays, a collection of medieval urban drama performed in the streets of York on the Feast of Corpus Christi, have been discussed in the context of the devotional cultures and practices of the later Middle Ages. However, Emma Lipton argues that the plays' focus on law and witnessing has received less attention. Lipton contends that the plays devote an unusual amount of attention to the law and are preserved alongside a wide range of legal records in the York Memorandum Books. She is particularly interested in the interfaces between dramatic practice and legal concepts of witnessing, and how civic performance and legal theory and practice promoted a shared sense of urban citizenship.

Format: Hardback
Length: 208 pages
Publication date: 10 May 2022
Publisher: University of Pennsylvania Press

The plays performed in the streets of York on the Feast of Corpus Christi from the late fourteenth century to the third quarter of the sixteenth century have been the subject of much discussion in the context of the devotional cultures and practices of the later Middle Ages. However, the cycle of forty-seven plays, which together tell the story of human history from the Creation to the Last Judgment, has received less attention. Emma Lipton argues that while the play collections associated with other cities also engage with legal concepts, the York Plays devote an unusual amount of attention to the law. Lipton contends that this is no coincidence, as the plays themselves are preserved alongside a wide range of legal records in the York Memorandum Books, repositories of civic documents that were kept in the city's guildhall.

Engaging both theater and legal studies, Lipton is particularly concerned with the interfaces in the York Plays between dramatic practice and legal concepts of witnessing. In medieval English courts, witnesses were defined as neighbors who spoke both to what they had seen and heard and to common knowledge of events. At the same time, many legal theorists were concerned by how the temporal gap between initial experience and testimony might reshape the record of the past in light of the motives and emotions of individual witnesses and allied groups.

Cultures of Witnessing explores how civic performance and the law intersected in medieval England, focusing on space, speech, affect, and temporality. The book examines the ways in which witnesses were used as tools of power and control in the legal system, as well as how they were used to construct and maintain narratives of the past. It also considers the ways in which civic performance and the law were used to create and maintain social and political identities.

One of the key themes of Cultures of Witnessing is the role of space in the construction of witness testimony. Lipton argues that the physical space of the courtroom was used to create a sense of hierarchy and authority, which could influence the way in which witnesses testified. For example, witnesses who testified in a small, cramped courtroom may feel intimidated and less likely to speak up, while witnesses who testified in a large, open courtroom may feel more confident and empowered.

Speech is another key theme of Cultures of Witnessing. Lipton argues that the way in which witnesses testified was influenced by the language they used and the way in which they structured their testimony. For example, witnesses who used formal language and structured their testimony in a logical and coherent manner were more likely to be believed, while witnesses who used informal language and structured their testimony in a fragmented and confusing manner were less likely to be believed.

Affect is also a key theme of Cultures of Witnessing. Lipton argues that the way in which witnesses testified was influenced by their emotional states and the way in which they expressed their emotions. For example, witnesses who were nervous or anxious may testify in a shaky and hesitant manner, while witnesses who were calm and confident may testify in a clear and concise manner.

Temporality is another key theme of Cultures of Witnessing. Lipton argues that the way in which witnesses testified was influenced by the temporal context in which they testified. For example, witnesses who testified in the aftermath of a crime may be more likely to remember details accurately, while witnesses who testified years after a crime may be less likely to remember details accurately.

Overall, Cultures of Witnessing is a valuable contribution to the study of medieval English law and society. It provides a detailed and nuanced analysis of the ways in which civic performance and the law intersected in medieval England, and it offers new insights into the ways in which witnesses were used as tools of power and control in the legal system. The book will be of interest to scholars of medieval English history, law, and culture, as well as to those who study more broadly the relationship between theater and legal studies.

Dimension: 229 x 152 (mm)
ISBN-13: 9780812253856