1What a Days-man is, is so plain and well known by the custom and usage of most places, that it needs little explication. We in our language sometimes call him an umpire, sometimes an Arbitrator, sometimes a Mediator, sometimes a Referee; and in some Countries with us, when a question arises between neighbours, concerning which they are unwilling to spend money and time in suits of Law, they say, We will refer it unto men; which kind of speaking seems to allude to the title of Magistrates and Judges, whom the Scripture calleth gods; and when a business is brought before them, it may be said to be referred or put to God. In opposition to which, when it is taken up by the umpirage of friends, it is said, To be referred or put to men. We in our English tongue, call such Days-men, either because they bestowed a days pains upon the ending of a business, or because they were obliged to end it by a set day; whereas Judges may take more liberty to themselves. Yet some of the Greeks express all mans judgement by this word,2 Mans-day, because certain days were appointed for judicature. The Apostle Paul uses the same phrase (1 Cor. 4.3.) in opposition to the Lords-day, the great day of judgment, to which he there appeals, from all the days set for mans judgement in this world. The Latins call Days-men, sequestres; and Critiques tell us, that as the Days-man is expressed by a word in the Hebrew, whose root signifies to rebuke, because a Days-man had power to rebuke and reprove him that had done the wrong: So he is called sequester in the Latin, from a word which signifies to follow, because of a power committed to him, that which way soever he should state and determine the business between the parties, they were bound to follow, and submit to his award; or, because he was supposed a man of such wisdom, faithfulness and integrity, that both parties might safely follow him: Hence he was called sequester, that is, one whom they must or might follow, and abide by his sentence. To ⟨p. 387⟩assure which the parties usually engaged themselves under penalties (of valuable damage to the business in question) to stand to his arbitration.
1What a Daies-man is, is so plain and well known by the custom and usage of most places, that it needs little explication. We in our language sometimes call him an umpire, sometimes an Arbitratour, sometimes a Mediatour, sometimes a Referree; and in some Countreys with us, when a question arises between neighbours, concerning which they are unwilling to spend money and time in sutes of Law, they say, We will referre it unto men; which kinde of speaking seems to allude to the title of Magistrates and Judges, whom the Scripture calleth gods; and when a businesse is brought before them, it may be said to be referr'd or put to God. In opposition to which, when it is taken up by the umpiridge of friends, it is said, To be referred or put to men. We in our English tongue, call such Daies-men, either because they bestowed a daies pains upon the ending of a businesse, or because they were obliged to end it by a set day; whereas Judges may take more liberty to themselves. Yet some of the Greeks expresse all mans judgement by this word,2 Mans-day, because certain daies were appointed for judicature. The Apostle Paul uses the same phrase (1 Cor. 4.3.) in opposition to the Lords-day, the great day of judgment, to which he there appeals, from all the daies set for mans judgement in this world. The Latins call Daies-men, sequestres; and Critiques tell us, that as the Daies-man is expressed by a word in the Hebrew, whose root signifies to rebuke, because a Daies-man had power to rebuke and reprove him that had done the wrong: So he is called sequester in the Latine, from a word which signifies to follow, because of a power committed to him, that which way soever he should state and determine the businesse between the parties, they were bound to follow, and submit to his award; or, because he was supposed a man of such wisdom, faithfulnesse and integrity, that both parties might safely follow him: Hence he was called sequester, that is, one whom they must or might follow, and abide by his sentence. To ⟨p. 387⟩assure which the parties usually ingaged themselves under penalties (of valuable damage to the busines in question) to stand to his arbitration.
