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Mediation and Arbitration in the Middle Ages: England 1154 to 1558 (Hardcover)
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Mediation and Arbitration in the Middle Ages: England 1154 to 1558 (Hardcover)
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This is the story of how disputes of all kinds were managed in
England between AD 1154 and the first signs of the Common Law, and
1558 when a new period started in the development of the English
legal system. Primary sources, including private papers like the
"Paston Letters", show how disputes were managed in practice.
Mediation and arbitration were then natural and widespread. Their
aim was to produce peace through compromise. Parties turned to the
community for help: hundred and shire, magnates, city and borough
guilds, university, the Church and the Jews. The king's Council and
even Parliament offered mediation and arbitration. The scope
included disputes not arbitrable today ownership of freehold land,
status, even rape, murder and riot. Arbitration centres in London,
York and Bristol offered services to all comers. Foreigners brought
disputes with no connection to England. In 1484 a labourer,
defended his interests in an arbitration arranged by the York
authorities. The Mayor of Bristol kept an office open every day to
arrange arbitrations. The Privy Council sat on a Sunday morning in
February 1549 for that purpose. And women were parties almost as
often as men - and occasionally mediators and arbitrators.
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