WHereas all Merchants , trading into , or from this Commonwealth , exercising the Mysteries of Exchanges and Rechanges of Monies with foreign parts ; Reduction of their Weights and Measures unto such Standards as are established and allowed here , are many times perplexed in soliciting and following their causes in the usuall Courts of the Common Laws of this Land , which are not acquainted with the Affairs of Merchants . And to the intent that some more speedy , cheap and satisfactory way may be provided for hearing and determining of all such matters , as relate to Merchants or Tradesmen about their Traffique or Personall contracts for the Maintenance and Advancement of Navigation and Trade . The said Merchants desire that it may be Enacted and Ordained by this present Parliament , and Authority of the same . That A. B. C. D. E. F. G. H. I. K. L. M. N. O. P. Q. R. S T. V. W. X. B. C. D. E. F. G. H. I. and K. L. of London Esquires , may be nominated and appointed the first seventeen Commissioners for the Court-Merchant , and may be confirmed Commissioners untill they shall be removed by Death , depart the lines of Communication to inhabit , or be otherwaies displaced by the Parliament , or Council of State in the Intervals of Parliament , for some neglect , or other offence by them committed , and that then forthwith upon any such removall as aforesaid , the more part of the said Commissioners may with the Consent and Advice of the President and Consuls for the time being , issue forth publique notice or Summons for the full and orderly assembling of Merchants , as well Strangers as others , Mariners , & Shop-keepers , who being assembled , shall proceed by the more part of voices , to Elect from among themselves one or more discreet and fit person or persons , to be Commissioners or Commissioners in the stead and place of such Merchants , Mariners , Shop-keepers , as i● or shall be removed as aforesaid ; which said Commissioners , or any Nine , or more of them , shall have Power to appoint a Common Seal for the Court-Merchant , such as shall be approved by Parliament , and to make choice of any publique place or places within that City , as unto them , with Advise and Consent of the Lord Mayor , Aldermen , and Common Council thereof , shall seem good and convenient , as well for the meeting and sitting of the Court-Merchant from time to time , as hereafter is provided , so also for the safe laying up , and keeping of all Records therein to be made and kept . And that it may be further Enacted , that A. B. Esquire shall be the first President of that Court , and that B. C. and C. D. shall be the Two first Consuls to the said President , who having duly sworn , and taken the Oath hereafter expressed before the Commissioners for the Court-Merchant , or any Nine , or more of them , which Oath the said Commissioners may be enabled to Administer , shall have power forthwith to sit as a lawfull Court of Iudicature for hearing Tryall , Adjudging and Determining of all such Causes and Complaints as relate to any personal Contracts , concerning Navigation and Trade , and shall be brought before them , after the time of passing this present Act or Statute , untill the first day of next ensuing . And for the more orderly and successive Election of either , the same President and Consuls , or such others as shall be thought fit to execute the place of Iudicature within that Court for time to come ; That it be further Enacted , that ●oon some one of the Three last daies of the moneth aforesaid : and so consequently upon one ▪ of the Three last daies of each moneth in the year and yeares successively , the Commissioners aforenamed , and such others as shall be from time to time hereafter chosen , as is before ordained , or any Nine or more of them shall proceed to Elect among themselves , and swear one able and fit person to be President , and Two others for his Consuls for the next moneth and monethly after respectively for ever . And that it may be further Enacted , that the Oath which shall be administred to the President and Consuls herein named , and to all such others as shall be monethly Elected , according to the Tenor of this Act , shall be in these words .

And the said President and Consuls herein named , and all such other President and Consuls as shall be Elected and sworn , as is before expressed , shall and may forthwith execute the place and trust of Iudges in that Court , and may proceed to the receiving , hearing and determining in a brief and summary way , either with or without Council , as the Court shall think fit , All Actions , Suits , Complaints , and Grievances which shall be brought before them , touching matters of Merchandising , Buying or Selling , as also upon any Bond , Bill , Specialty , Receipt , Accounts , Partnership , Contracts , Bargains , Bills of Exchange , Subscription , Assignations , Pawns or Pledges , Policies of Assurance , Trespasses , or any other personall Contracts between all manner of persons , as well Strangers as others , concerning Merchandise or Traffique , Merchants , Factours , Masters of ships , Mariners , Tradesmen , or Artificers , lodging or inhabiting the Cities of London and Westminster , late lines of Communication , and Bills of Mortality .

And that it may be further Enacted , that all Debts which shall be acknowledged and recognized before the President and Consuls of the Court Merchant from time to time , and attested under the publique Seal of the said Court shall be as good and effectuall in the Law , for recovery of the same , to all intents and purposes , as any Debts recovered by virtue of the Statute of Acton Burnel , in the thirteenth year of K. Edward the First .

And that the President and Consuls herein named , and such other as shall from time to time be Elected , as is before Ordained , shall have as full Power to cause such Debtors goods to be sold towards payment of his Debt , acknowledged as aforesaid , and whereof failer hath been made , as any Mayor of the Staple , by that Statute of Acton Burnell , or of the 23. of Kidg Henry the 8. have had , or now lawfully have in any case whatsoever .

And whereas divers evil-minded people being natives of this Commonwealth , and using the Trade of Merchandise and Shop-keepers , that live by Buying , Selling and Bartering , have deceitfully taken up several summes of Money and goods from their Creditors upon dayes of payment to come , and have before satisfaction Compounded or sought to Compound with their Creditors for lesse then was agreed upon , to their very great losse . That it be hereby further Enacted , That all such persons being natives of this Commonwealth , using the Trade of Merchandise as aforesaid , who shall borrow , or take up on Credit either Money or goods , and shall propose or offer lesse satisfaction then was or shall be agreed unto by the Creditor at the time of taking up the said Money or goods as aforesaid , shall be deemed and judged Bankrupt , as fully as any that hath been described , deemed or adjudged by the Statute of the 13. of Queen Elizabeth , and 1. or 21. of King Iames . And that the Court-Merchant upon Complaint and due proof thereof made , may proceed to adjudication of them as Bankrupts , as well upon this Article as upon any former Statute describing who shall be so deemed and taken , and to certifie the same unto the Lords Commissioners for the great Seal , That Commissions may be forthwith directed against the said Bankrupts , their Lands , Goods and Chattels , towards payment of those Debts as by the said Lawes of the Land are in that case provided .

Provided alwayes that all matters of Fact which shall be given in Evidence against any Merchant or other person using the Trade of Buying & Selling , be done within this Commonwealth , and proved before the Court-Merchant within six moneths after the same was committed , or else not to be allowed of ; as to convict him for Bankrupt , any Law or Statute heretofore made to the contrary notwithstanding .

And whereas by another Statute of the One and twentieth of King Iames all Actions of Trespasse , Detinue , Surtrover , Replevin . for taking away of Goods and Chattels , and all actions of Account , except Merchants , are to be Commenced within six years next after the cause , and not after ; and that divers persons out of a Purpose to avoid their Greditors have absented themselves in some Garrison of the Enemy or elsewhere , during the time of the Troubles , and have afterwards pleaded the foresaid Statute of Limitation in Bar of such actions as have been Commenced , whereby the Creditor hath been lest without Remedie . That it may be further Enacted that all such Debts , as have been Contracted between the First day of and the first of be and may be hereby excepted of that Limitation , and shall upon Evidence and due proof made be recoverable in the Court-Merchant , or in any other Court of Record within this Commonwealth , until the First day of which shall be in the year of our Lord ▪ and not after ; and that the Plantiff or Plantiffs suing for the same shall produce this present Act in Evidence against any Defendant pleading that Statute . Provided alway this Act be not extended to any Debt contracted without the Compasse of Ten years herein provided for , nor for any Action Commenced after the said First day of

And whereas divers persons have Money due unto them by Bond , Bill or other Specialty Writing or Contract , and are or may be willing to Assign , transfer and set over the said Debts unto such Creditors to whom they are or may be indebted , or to such persons as are or may be willing to accept and receive the said Debts for consideration of Conveniencie or other accommodation for the more furtherance of Commerce . That it be therefore further Enacted by Authority aforesaid that it shall and may be lawfull for all and every Merchant and Merchants , Shop-keepers , Artificers and others who have Money or Debts due unto them as aforesaid , to transfer , assigne and set over all and every such Debts or summes of Money unto any manner of person or persons whatsoever , which said Assignment being by the Assignor entred and Registred bythe Court-Merchant by the Register there appointed , and the said Debt ; Bond , Bill or Subscription being certified , under the Registers hand , together with the day of the moneth and year of God when such Assignation was Registred , that then the Assignee may have power to implead the Debtor either in the Court-Merchant or any other Court or Courts whatsoever , and Recover all such Debt or Debts as are or do remain due thereon , and that in his own name as fully as if the said Bond or Writing were Originally made and delivered to his own use ; Any Usage , Law , Statute , Custome heretofore had or made in any wise to the contrary notwithstanding . Andwhereas manifold practices of deceit are daily used in Sophisticating , Corrupting and falsifying several Merchandises and Commodities whether by Allay , Commixture and Imbasement , false Dying , or otherwise to the great prejudice of the Buyer and People of this Land , and discredit of those Merchandises . For remedie and Punishment of such Abuses , They desire it may be further Enacted and Ordained by the Authority aforasaid . That the said President and Consuls of the Court-Merchant in the Citie of London shall and may upon information to them given , or Complaint more , skilfull and experienced persons to be Visiters or Searchers of such goods , and to assign them convenient Allowance of Salarie to be paid them in hand before by the Informant , and shall have power to enter into any Ware-house , Shop , Cellar or other place , for the search and viweing of the same ; and after view thereof shall report upon Oath unto the said Court of the Quality of the same , and how far falsifyed : And that the President and Consuls may be hereby enabled upon their report to proceed either to the Confiscation of the said goods , fine or imprisonment of the Offendors as to Justice shall appertain . The one Moyetie of such fine shall be by the said President and Consuls emploied to the use of the Poor within the Citie of London ; and the other Moyetie to the Discoverer .

And that it be further Enacted , That for the more speedy and orderly proceeding in that Court , every Plaintiff , Petitioner or I former , shall briefly exhibit the ground of his Action or Complaint by Declaration , Petition or Articles , which he shall deliver in upon his Oath , and subscribe his name thereunto ; and shall give notice unto the Court , of the place where as well himself as the Adverse party do reside .

And that the Court-Merchant may be hereby Authorized upon such Complaint , to direct their Processe together with a Brief of the Declaration , Petition or Article to be left with or for the Defendant or Defendants , at the usual place , where he or they did last reside ; Requiring his or their appearance to that Plaint within 48. Hours , and to give security ( if the Plaintiff shall desire it ) to abide the Judgement of the Court . And if the Defendant shall not appear according to such processe , or shall refuse or delay to give sufficient Bail to the Action when it shall be demanded . That then the Court may have power by their own Marshall or any other Serjeant at the Mace within the City of London by them authorized to Arrest and keep in Prison the Bodie or Bodies of the Defendant or Defendants , until sufficient Bail be given to answer the suit of the Complaint , Provided alwaies that if the Defendant shall not appear upon Processe or Summons left at the usual place of his Abode as aforesaid , nor be sound to be attached by Arrest within the Lines of Communication , that then upon Oath made before that Court of such notice left , and of his or their being at the time of such Summons within the Verge and Jurisdiction of the Court . The President and Consuls shall upon request of the Plaintiff , Issue forth their Publick Citation in writing , which they shall cause to be fixed for three several dayes together in some eminent place upon the Royal Exchange at the time when Merchants do usually assemble , requiring him or them , the said Defendant or Defendants to come in and give security or Bail to answer such Plea within Three dayes after such publick Citation as aforesaid . And that if after all this the said Defendant or Defendants shall refuse or neglect to appear , That then the said Court-Merchant shall and may proceed to Judgement and Execution upon the Demands of the Plaintiff , Petitioner or Informer according to Evidence as fully as if appearance had been made , Pleadings and Issues joyned .

And that it may be further Enacted , that all pleadings or answers of the Defendant in that Court may be upon Oath in writing under his or their hand ; And that the President and Consuls shall not proceed by Inquiry in●o any the Causes brought before them , without both adverse parties be first called thereunto , unlesse the Defendant shall make default of appearance upon Summons and Citation as is before expressed ; And all persons who are to make proof in that Court , may use any lawfull Evidence for satisfaction of the Consciences of the President and Consuls , and the better guiding of them unto Judgements , whether it be by writing Publick or Private Collection of Letters , and by Oath in writing or otherwise , according to the Custome of Merchants .

Provided alway , That if any person whatsoever shall Averre upon Oath any Falshood or untruth , and be discovered or Convicted of the same , That then the Court-Merchant shall have power to impose a Fine upon the Party so offending , not exceeding the summe of Twenty pounds , and shall further leave him or them to be punished as perjured persons according to the Law in that case and behalf provided .

And that it be further Enacted , That the Court-Merchant shall have Power to warn or Summon , in any case if need require , so many Merchants , Mariners , Shop-keepers or Artificers by adjournment , to assist them with their Judgements or opinion in any matter of difficulty as they see fit , not exceeding the Number of 20. And shall have like power to summon or warn any Witnesse within Miles of London , to appear by adjournment , and give in their knowledge upon Oath , as is before directed . And if any person or persons summoned as aforesaid for advice , and be inhabiting or lodging within the Lines of Communication , or as Witnesse within Mile● , shall disobey the said Summons , Then the said Court-Merchant shall have power to impose a Fine upon him or them making default , not exceeding Five pounds , or Commit their Body or Bodies unto Prison without Bayl or Mainprize , until they shall conform to the Order of the President and Consuls .

And that it be further Enacted , That all Executions of the Decrees of that Court , which shall be for Sale and Disposal of the Offendors goods shall be made forthwith by Outcry ; the Proprietors first being called thereunto , if he may be found , that he might either give satisfaction in Money , and receive the overplus , if any remain after satisfaction of the Debt awarded with such Costs as shall be taxed by the Court to be paid thereon . And all Goalers , Keepers of Prisons , Bayliffs , Serjeants at the Mace within the Lines of Communication as well as the Officers of that Court , are required to obey the Orders and Decrees of the President and Consuls , under like Penalties as if the same had proceeded from either Upper or Lower Benches or any other Court of Judicature within this Commonwealth .

And that it be further Enacted , That if any Merchant , Mariner , Shopkeeper , Artificer or other person using the trade of buying & selling shall after lawfull summon & citation as is before directed , convey himself or goods into any Countrey , Liberty or Priviledged place without the Verge of that Court , or be found to have Money , goods or chattels in any such place without their Jurisdiction ; That then it shall & may be lawfull for the President & Consuls to cause their Decrees to be served by their own Marshall or Ministers , whether upon the person or goods of the offendors wheresoever the same shall be found within this Commonwealth . And that all Mayors , Sheriffs , Bayliffs , Constables and others may be required to be assistant in the execution of the same .

And whereas no Merchant inhabiting within this Commonwealth can maintain foreign Commerce , without committing the Care , Custody and Management of his Goods , Merchandises , Bills of Exchange , or other effects unto some other person or persons that doth travel unto or reside in those foreign parts or Factories beyond the Sea , and that it doth so often times fall out , that such persons , whether Masters of Ships , Factors , Supracargors or other Instruments by such Merchants so appointed do contrary to the Commissions to them given , and the trust in them reposed , either detain the said goods , Merchandises or effects in their hands within those parts and places beyond the Sea , without rendring any account , or making of returns proportionable unto the Stock Committed to their Charge , and do neverthelesse continue and abide in those places , out of a purpose to defraud their principal .

That it may be further Enacted , that in all such cases the President and Consuls of the Court-Merchant , calling to their assistance six other Merchants , being Commissioners of that Court , may forthwith upon due proof made before them of such Breach of trust by any Master of Ship , Factor Supracargor , or other Instruments , being a Native of this Commonwealth , and abiding in any of the English Factories beyond the Sea , transmit a Brief of the Complaint and Articles proved before them unto the Consul or other the chief Minister of Trade residing in those English Factories where the Offendor doth continue , and may also require the said Consul , or other Chief Ministers of Trade in such parts , to summon or wat● such Offenders before him , for the making due satisfaction unto his principal , according to the Proofs taken before them in the Court , and so transmitted as aforesaid . Or in default thereof , or of good security given by the Offendor for the same , to send over his body in safe Custody by the first Shipping bound for England , that so either of them , as well Principall as Factor may receive in this Court , so as to justice shall appertain .

And that it be further Enacted that no Writ of Certiorari , Habeas Corpus , or other Writ or Writs sued forth in any Court of Record , shall be allowed of to remove any Action or Cause depending before the Court-Mer●●ant , but the President and Consuls shall proceed to Iudgement , Decree , and Execution , as the Case shall require . Provided neverthelesse that if any person shall find himself agrieved at the Decree of the said President and Consuls , and the Iudgement given against him do exceed one hundred pounds , that then it shall and may be lawfull for the party so condemned , having first deposited in the hands of the Court-Merchant , the money decreed to be by him paid ▪ to exhibit his Bill for relief in the High Court of Chancery before the Lords Gommissioners for the Great Seal , who may abate , reverse , or alter the decree of the President and Consuls , as shall be agreeable to equity and good conscience . Provided alway that if no ground or cause for such Complaints shall be found , that then the Appealor shall pay unto the party agrieved treble Damages , any Law or usage to the contrary notwithstanding .

And that it be further Enacted , that A. B. be hereby nominated , appointed and constituted Register of the Court-Merchant , and shall summarily make entry of all Plaints or Articles , Pleas or Answers , Iudgements Decrees , or Orders whatsoever , and shall safely lay up the same as Records , together with all such Depositions or Examinations as shall be taken before the said Court in any matter or cause respectively . And the Commissioners for the Court-Merchant are hereby enabled to appoint such and so many other Ministers and Officers as shall be by them adjudged necessary and convenient for carrying on Affairs in that Court , and them to remove again and displace at their own pleasure .

And for prevention of all Oppression that shall or may arise by exaction of extraordinary Fees by Officers in the said Court , whereby the Plaintiffs or Defendants may be put to unreasonable Charges . That it be lastly Enacted and Ordained by Authority aforesaid , that the Fees hereafter mentioned , shall be the allowances given and taken in any cause ( brought into that Court ) whatsoever , and not otherwise , viz.

Six pence to the Register for the Registry of every Processe or Record .

Six pence to the Marshall for each summons , Arrests , or Citation .

And six shillings and eight pence to be further paid upon every Award or finall Decree unto such Treasurer as the Commissioners for the Court-Merchant , or the more part of them shall appoint , together with all Fines taxed and levied in that Court ( except before excepted ) and shall be disposed as the said more part of , the Commissioners for the Court-Merchant shall think fit .