This is the first history of mediation and arbitration in England
before the Common Law. In prehistoric times, archaeology and
genetics provide evidence of assemblies to deal with disputes. From
Roman times, documents survive which show mediation and arbitration
in practice. A fragment of an award is dated 14 November 114AD. A
Wiltshire arbitrator reports in his own words of arbitrating in
Alfred's time. A Worcestershire award a thousand years ago could
teach today's practitioners new tricks. After the Norman Conquest,
a compromise could still be mediated in the middle of trial by
battle, one side's champion concealing that he had lost his
sight.This book provides the first history of how disputes of all
kinds were managed in England before the Common Law. It starts in
prehistoric times, with archaeology, anthropology and genetics
providing evidence of regular assemblies dealing with disputes.
From Roman times onwards, documents allow a detailed, though
partial, picture to be drawn. Not only does the literature describe
how mediation and arbitration worked in practice, but a fragment
survives of an award dated 14 November 114AD.The sources grow more
plentiful in Anglo-Saxon times. We can read a Wiltshire
arbitrator's full report in his own words of an arbitration in
Alfred's time and learn new tricks from an award made in
Worcestershire a thousand years ago. Long after the Norman
Conquest, the normal method of resolving disputes was still by
public arbitration in traditional assemblies according to customary
law. And a compromise could be mediated in the middle of a trial by
battle, with one side's champion concealing that he had lost his
sight.This interdisciplinary study uses all the surviving original
sources with new translations, drawing on the work not only of
historians but archaeologists, anthropologists, linguists,
geneticists and other natural scientists. It shows how natural and
widespread mediation and arbitration have been in England since
before history began. There is plenty of evidence of routine
mediations and arbitrations in all manner of disputes:
landownership, succession, ecclesiastical squabbles. A successful
mediation after a prince had been killed led to peace between
Northumbria and Mercia. There was no lack of techniques fashioned
to fit, including expert determination and a sophisticated form of
dispute management successfully avoiding a difference becoming a
dispute.To understand how disputes are managed, it is necessary to
know what languages were used and how. An appendix deals with the
many unsettled questions of the languages of the period, British
(including Welsh), Latin, Anglo-Saxon and Anglo-Norman (French).
General
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