Nay, the very judges themselves (no reflection upon their learning) have been very much at a loss in giving instructions to a jury, and juries much more to understand them; for, when all is done, juries, which are not always, nor often indeed, of the wisest men, are, to be sure, in umpires in causes so nice that the very lawyer and judge can hardly understand them. The affairs of merchants are accompanied with such variety of circumstances, such new and unusual contingencies, which change and differ in every age, with a multitude of niceties and punctilios (and those, again, altering as the customs and usages of countries and states do alter), that it has been found impracticable to make any laws that could extend to all cases. And our law itself does tacitly acknowledge its own imperfection in this case, by allowing the custom of merchants to pass as a kind of law in cases of difficulty. Wherefore it seems to me a most natural proceeding that such affairs should be heard before, and judged by, such as by known experience and long practice in the customs and usages of foreign negotiation are of course the most capable to determine the same. Besides the reasonableness of the argument there are some cases in our laws in which it is impossible for a plaintiff to make out his case, or a defendant to make out his plea; as, in particular, when his proofs are beyond seas (for no protests, certifications, or procurations are allowed in our courts as evidence); and the damages are infinite and irretrievable by any 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.