Of A Court Merchant - Page 2

of the proceedings of our laws.

For the answering all these circumstances, a court might be erected by authority of Parliament, to be composed of six judges commissioners, who should have power to hear and decide as a court of equity, under the title of a "Court Merchant."

The proceedings of this court should be short, the trials speedy, the fees easy, that every man might have immediate remedy where wrong is done. For in trials at law about merchants' affairs the circumstances of the case are often such as the long proceedings of courts of equity are more pernicious than in other cases; because the matters to which they are generally relating are under greater contingencies than in other cases, as effects in hands abroad, which want orders, ships, and seamen lying at demurrage and in pay, and the like.

These six judges should be chosen of the most eminent merchants of the kingdom, to reside in London, and to have power by commission to summon a council of merchants, who should decide all cases on the hearing, of both parties, with appeal to the said judges.

Also to delegate by commission petty councils of merchants in the most considerable ports of the kingdom for the same purpose.

The six judges themselves to be only judges of appeal; all trials to be heard before the council of merchants by methods and proceedings singular and concise.

The council to be sworn to do justice, and to be chosen annually out of the principal merchants of the city.

The proceedings here should be without delay; the plaintiff to exhibit his grievance by way of brief, and the defendant to give in his answer, and a time of hearing to be appointed immediately.

The defendant by motion shall have liberty to put off hearing upon showing good cause, not otherwise.

At hearing, every man to argue his own cause if he pleases, or introduce any person to do it for him.

Attestations and protests from foreign parts, regularly procured and authentically signified in due form, to pass in evidence; affidavits in due form likewise attested and done before proper magistrates within the king's dominions, to be allowed as evidence.

The party grieved may appeal to the six judges, before whom they shall plead by counsel, and from their judgment to have no appeal.

By this method infinite controversies would be avoided and disputes amicably ended, a multitude of present inconveniences avoided, and merchandising matters would in a merchant-like manner be decided by the known customs and methods of