Legal Definitions - daysman

Historically, a daysman referred to an arbitrator, an elected judge, or an umpire. It designated a person chosen to settle disputes or make judgments between parties.

The term daysman is a historical legal term referring to an individual chosen to mediate or resolve a dispute between two parties. Essentially, a daysman acted as an impartial third party, similar to an arbitrator, umpire, or a specially selected judge, whose decision the disputing parties agreed to accept.

Here are some examples illustrating the role of a daysman:

• Example 1: Resolving a Property Dispute

  Imagine two medieval villagers, Elara and Finn, who are quarreling over the exact boundary of their adjacent plots of land. Unable to agree themselves, they decide to approach a respected elder from a neighboring village, known for his wisdom and fairness. They both agree that whatever decision this elder makes regarding the boundary will be final and binding. In this scenario, the elder acts as a daysman, providing an impartial resolution to their dispute.

• Example 2: Settling a Commercial Disagreement

  Consider two merchants in a bustling historical marketplace who have a disagreement about the quality and price of a recent shipment of goods. Rather than escalating the conflict, they agree to present their arguments to the head of their merchant guild, a person they both trust to be unbiased. This guild leader listens to both sides, examines the goods, and proposes a fair settlement that both merchants accept. The guild leader, in this capacity, functions as a daysman, arbitrating their commercial dispute.

• Example 3: Umpiring a Community Conflict

  In a small, close-knit historical community, two prominent families find themselves in a bitter feud over a perceived slight during a local festival. The tension threatens to disrupt the peace of the entire village. To prevent further conflict, the community leaders collectively choose a wise and neutral individual, perhaps a retired magistrate or a respected spiritual leader, to hear the grievances of both families and propose a path to reconciliation. This chosen individual, acting as an impartial arbiter of the community's peace, would be considered a daysman.