Overview

Despite plague, fire, political upheaval and religious strife, in the 17th century English people of all kinds used mediation and arbitration routinely to help resolve their differences. Kings and poor widows were parties. Kings and yeomen arbitrated. Francis Bacon, Edward Coke, Samuel Pepys, Robert Hooke and James I himself all took what they called arbitrament for granted as the best way of resolving all kinds of disputes they could not manage themselves. The redoubtable Lady Anne Clifford was exceptional; she successfully withstood the insistent demands of James I to arbitrate in her land dispute with her husband and family. Women appear as often as men in many of the primary sources and have a chapter to themselves. There are five parts: Part One describes the background; Part Two the subject matter: land, family and business; Part Three the people: parties and arbitrators; Part Four the law, and Part Five draws conclusions. The 17th century saw great changes in English life, but few and only towards its end in the ways in which parties managed their disputes by arbitrament, usually asking an even number of third parties, first to arrange a settlement as mediators and, if that failed, to adjudicate as arbitrators. Parties relied on bonds to ensure each other's performance of the submission and award. But, as the century drew to its close, lawyers advised their clients to take advantage of the courts' offer to accept a claim and, with the parties' consent, to refer it to arbitration, with arbitrators appointed by the court. That process came to be called a rule of court and the Government established it by the Arbitration Act 1698.

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'We do not have a time-travelling machine, but we have Derek Roebuck, and that is even better: not only a way to voyage back in time, but a guide who puts everything brilliantly in context.' Jan Paulsson Arbitration International. 'Roebuck's method is an engaging series of polymathic raids into the territory of geographers, ethnographers, linguists, lawyers, historians and archaeologists. ' Sir Stephen Sedley London Review of Books

Author Information

Derek Roebuck is a Senior Associate Research Fellow at London University's Institute of Advanced Legal Studies. His work on dispute resolution history has produced six volumes published by HOLO Books: The Arbitration Press: Ancient Greek Arbitration (2001), Roman Arbitration (2004) with Bruno de Loynes de Fumichon, Early English Arbitration (2008), Mediation and Arbitration in the Middle Ages (2013) and The Golden Age of Arbitration (2015).

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