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.
OF SEAMEN.
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.
(2.) Several irregularities follow, as the officers taking money to dismiss able seamen, and filling up their complement with raw and improper persons.
(3.) Oppressions, quarrellings, and oftentimes murders, by the rashness of press-masters and the obstinacy of some unwilling to go.
(4.) A secret aversion to the service from a natural principle, common to the English nation, to hate compulsion.
(5.) Kidnapping people out of the kingdom, robbing houses, and picking pockets, frequently practised under pretence of pressing, as has been very much used of late.
With various abuses of the like nature, some to the king, and some to the subject.
2. To trade. By the extravagant price set on wages for seamen, which they impose on the merchant with a sort of authority, and he is obliged to give by reason of the scarcity of men, and that not from a real want of men (for in the height of a press, if a merchant-man wanted men, and could get a protection for them, he might have any number immediately, and none without it, so shy were they of the public service).
The first of these things has cost the king above three millions sterling since the war, in these three particulars:
1. Charge of pressing on sea and on shore, and in small craft employed for that purpose.
2. Ships lying in harbour for want of men, at a vast charge of pay and victuals for those they had.
3. Keeping the whole navy in constant pay and provisions all the winter, for fear of losing the men against summer, which has now been done several years, besides bounty money and other expenses to court and oblige the seamen.
The second of these (viz., the great wages paid by the merchant) has cost trade, since the war, above twenty millions sterling. The coal trade gives a specimen of it, who for the first three years of the war gave 9 pounds a voyage to common seamen, who before sailed for 36s.; which, computing the number of ships and men used in the coal trade, and of voyages made, at eight hands to a vessel, does, modestly accounting, make 89,600 pounds difference in one year in wages to seamen in the coal trade only.