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 trade.
IT is observable that whenever this kingdom is engaged in a war with any of its neighbours two great inconveniences constantly follow: one to the king and one to trade.
1. That to the king is, that he is forced to press seamen for the manning of his navy, and force them involuntarily into the service: which way of violently dragging men into the fleet is attended with sundry ill circumstances, as:
(1.) Our naval preparations are retarded, and our fleets always late for want of men, which has exposed them not a little, and been the ruin of many a good and well-laid expedition.