Voices in Court: Lawyers or Litigants?

Written records of litigation lie at the heart of numerous studies of English society and culture. Although some documents appear to demonstrate individuality, historians advise that they be used cautiously since the words of litigants and deponents were filtered through the legal profession. This article uncovers the process of mediation by exploring the interaction between litigants and their legal advisers, using correspondence received by church court proctors. It reveals that some parties had an active role in their litigation and, crucially, that their own motives could obscure the reality underlying their lawsuits as much as the legal process.