#FridayFarces is back, this time with a consideration of how history, drama, and legal proceedings can interact to instruct as well as entertain us.

You’d be hard-pressed to find a person who doesn’t enjoy drama in some form or another. For most people these days, it’s television and cinema; whether you love television or going to the opera, the point is that the very idea of drama is something that virtually everyone finds appealing. (Tell anyone that you work in theatre or television and watch their reaction.) Law seems to come in for a similar, probably equally misplaced, aura of glamour: scroll through your television menu and I think you’d be hard-pressed to find any hour of the day when some legally-based show isn’t airing- in some places there are entire channels dedicated to airing legal cases. Law is drama, in most people’s eyes. 

History sadly comes in for a different response. Only yesterday, a young family friend still in university was saying how much she “can’t get into” history. I understand where she’s coming from: in school, we teach historically abominably, a list of tedious facts purged entirely of humanity and intrigue. But history is all about drama, people, and law; and the drama of law can be a gateway drug when it comes to learning to love history.

I was fortunate to discover this young, entirely unintentionally. A favourite book from my high school years (still on my shelf!), Mary S. Hartman’s Victorian Murderesses, uses famous, well-documented trials to shine light on the often hidden realities of women’s lives, and public responses to them. My brilliant freshman year university course “The Historian as Detective”, gave me books like Natalie Zemon Davis’s enjoyable (and short!) The Return of Martin Guerre* and Words and Deeds in Renaissance Rome, by Thoms V. and Elizabeth S. Cohen, both of which rely heavily on trial records to illuminate rural French and urban Italian society, respectively. What I learned then is that the law leaves a detailed record, in a way that very few other historical records can, showing ordinary people caught unexpectedly, made suddenly visible, their everyday lives in captured in metaphorical amber, and set down on paper. Moreover, while trials may be representative more of the “outliers” than their more “ordinary” contemporaries, by showing what was unusual, or not permissible, or in debate, we can understand what was normal, permitted, and accepted by society.

This is one reason why the history-drama-law triad is so important to both the casually curious and serious scholarship. Our farces aren’t quite in this category- there is of course much very erudite research about them!- but primarily they are, to an audience, merely fun. But they reveal other ways that this trio present themselves and talk between themselves.

Both Master Pierre Pathelin and Le Cuvier (to give The Washtub its French title) may have been written and performed by lawyers: The Society of the Basoche, the company of law clerks in medieval Paris. The Basoche are a fascinating group, and I hope to dedicate a day to talking about this most unusual medieval guild at a later date, but for now it’s enough to say that their evolution was an entirely logical phenomenon. The law is full of emotional highs and lows, triumphs and tragedies, justice and injustice- literally the things that define drama, even if there is no stage in sight. Moreover, the Basoche had its own internal jurisdiction, which allowed its students to practice some form of “real” law, the way a mock trial team at a university may do today. If there weren’t any cases on the go, they wrote their own, including causes grasses, mocking lawsuits for Carnival, which allowed them to create “cases” that were particularly absurd or scandalous. Writing true farce, then, without the necessity of a legal framework, may have been an entirely foreseeable next step. By the mid-fifteenth century, the time at which both of our plays were likely composed, the Basoche were working with the company that staged fully religious plays, to contribute to a full day of every sort of drama: morality, mystery, sottie and farce all going on a shared playbill for the public’s day of entertainment. Indeed, the Basoche is today remembered more vividly as a comedy-dramatic enterprise than its actual purpose within the legal-education system. (Thus, to further our theme of interconnectivity between our three themes: the law gave us drama, and today the drama has preserved for us something of the history of law.)

In addition to this very real tie to actual attorneys and clerks, both Pathelin and The Washtub contain aspects of law within the narrative of the drama. The Washtub deals with a contract between a man and his wife, one they draw up in full view of the audience, who functionally serve as “witnesses”, creating what would, in effect, have thus been considered a legally binding document. (One could imagine a sequel in which both husband and wife seek out attorneys to argue about the validity, or amendment, to the contract they have somewhat carelessly drawn up!) In Pathelin the connection to law is still greater: Pierre Pathelin claims to be a lawyer, and the final scene of the play is a trial in a courtroom before a judge. It’s unclear if Pathelin is any sort of attorney at all: Howard Graham Harvey, whose book Theatre of the Basoche is enormously helpful in making sense of the legal aspects of Pathelin, says that “Pathelin’s lack of education raises the strongest presumption that he is nothing more than an unlicensed village practitioner.” In cities, legal training and licensing was becoming more rigorous, as the very existence of the Basoche shows, but in rural areas, the bar to setting oneself up at the bar of law was low; as with Pathelin, cleverness could substitute for a real education. If the play was indeed created by members of the Basoche, perhaps they were making a crack at untrained people who claimed the same mantle of “lawyer” that they so painstakingly studied to achieve. That said, the play also leaves us rather liking and admiring Pathelin, his trickery and audacity, so perhaps it’s less a critical dig and more a nudge and wink- lawyers appreciating that their profession often rewards finding ways to be clever that are just barely, but technically, within the bounds of the law. The play thus gives us a window, however distorted through comedic exaggeration, into village legal practice of the times, while also using it as a source for commentary and comedy. 

One need not, of course, be a student of all three disciplines. But the lawyer needs to understand precedent, or what happened in the past. The historian benefits from understanding the legal framework that shaped and was shaped by the society he or she studies. And those who appreciate the drama of both have a unique opportunity towards making material that might otherwise seem dull as fascinating, alive, and vibrant. We get to take the idea of drama and make it literal drama. Ours must surely be the best of all three worlds.

*Martin Guerre has been dramatised for the stage in multiple versions. The musical version, written by the same people who created Les Misérables, is an extremely interesting study in creating drama by marrying up different aspects of history, effectively destroying much strict historical veracity in pursuit of revealing a completely different aspect of history. I belive some of the women from Victorian Murderesses have also been turned into at least television drama, although I haven’t seen them and cannot say how closely they hewed to the historical record. Still, the fact that these stories were intriguing enough to become drama in the literal sense proves the point that legal history is ripe pickings for history-via-performance!