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pacti emendaret’. 21 Treaty of Pavia , c. 1. The two-fold compensation also existed in Roman law, as well as a number of early medieval laws, including the laws of Æthelberht of Kent. Digest , 47: 2.46,1; Abt , cc. 6
of medieval law – whether domestic, canon, or Roman – was procedural. 73 From the evidence presented then it is apparent that if we are looking for law against which the facts of a case could be applied in making any decision, there are several options, or combinations of options. And, as arbitration always took place in circumstances in which men, lay and clerical, acted as advisers, we can be
–7 . See also the outline in Alan Harding , Medieval Law and the Foundations of the State ( Oxford , 2002 ), 38–42 . 107 Ordinatio imperii , c. 8: ‘…semper ad senioris fratris notitiam perferre non neglegant, ut ille