their advice. If their advice be rejected, complaint is to be made to their own monthly meeting concerning them, after which they will come under the discipline of the Society; and if they still persist in refusing to settle their differences, or to proceed to arbitration, they may be disowned. I may mention here, that any member going to law with another, without having previously tried to accommodate matters between them, according to the rules of the Society, comes under the discipline in the like manner.

When arbitration is determined upon, the Quakers are enjoined to apply to persons of their own Society to decide the case. It is considered, however, desirable, that they should not trouble their ministers if they can help it on these occasions, as the minds. of these ought to be drawn out as little as possible into worldly concerns. If Quakers, however, should not find among Quakers such as they would choose to employ for these purposes, or such as may possess skill in regard to the matter in dispute, they may apply to others out of the Society, sooner than go to law.

VOL. II.

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The

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The following is a concise statement of the rules recommended by the Society in the case of arbitrations.

Each party is to choose one or two friends as arbitrators, and all the persons so chosen are to agree upon a third or fifth.-The arbitrators are not to consider themselves as advocates for the party by whom they were chosen, but as men whose duty it is to judge righteously, fearing the Lord. The parties are to enter into engagements to abide by the award of the arbitrators. Every meeting of the arbitrators is to be made known to the parties concerned, till they have been fully heard. No private meetings are allowed between some of the arbitrators, or with one party separate from the other, on the business referred to them. No representation of the case of one party, either by writing or otherwise, is to be admitted without its being made fully known to the other, and, if required, a copy of such representation is to be delivered to the other party. The arbitrators are to hear both parties fully in the presence of each other, whilst either has any fresh matter to offer, for a time mutually limited. In the case

of

of any doubtful point of law, the arbitrators are jointly to agree upon a case, and to consult counsel. It is recommended to arbitrators to propose to the parties that they should give an acknowledgment in writing, before the award is made, that they have been candidly and fully heard.

In the same manner as a Quaker proceeds with a Quaker in the case of any difference, he is led by his education and habits to proceed with others, who are not members of the same Society. A Quaker seldom goes to law with a person of another denomination, till he has proposed arbitration. If the proposal be not accepted, the Quaker has then no remedy but the law. For a person who is out of the Society cannot be obliged upon pain of disownment, as a Quaker may, to submit to such a mode of decision, being out of the reach of the Quaker-discipline.

I shall close my observations upon this subject by giving an account of an institution for the accommodation of differences, which took place in the year 1793, upon Quaker-principles.

In the town of Newcastle-upon-Tyne, a number of disputes were continually arising

on the subject of shipping-concerns, which were referred to the decision of the laws. These decisions were often grievously expensive. They were, besides, frequently different from what seafaring persons conceived to be just. The latter circumstance was attributed to the ignorance of lawyers in maritime affairs. Much money was therefore often expended, and no one satisfied. Some Quakers in the neighbourhood, in conjunction with others, came forward with a view of obviating these evils. They proposed arbitration as a remedy. They met with some opposition at first, but principally from gentlemen of the law. After having, however, shown the impropriety of many of the legal verdicts that had been given, they had the pleasure of seeing their plan publicly introduced and sanctioned. For in the month of June 1793, a number of gentlemen, respectable for their knowledge in mercantile and maritime affairs, met at the Trinity-hall in Newcastle, and associated themselves for these and other purposes, calling themselves "The Newcastle-upon-Tyne association for general arbitration."

This association was to have four general meetings in the year, one in each quarter, at which they were to receive cases. For any urgent matter, however, which might occur, the clerk was to have the power of calling a special meeting.

Each person, on delivering a case, was to pay a small fee. Out of these fees, the clerks' salary and incidental expenses were to be paid. But the surplus was to be given to the poor.

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The parties were to enter into arbitrationbonds, as is usual upon such occasions.

Each party was to choose out of this association, or standing committee, one arbitrator for himself, and the association were to choose or to ballot for a third. And here it will be proper to observe, that this standing association appeared to be capable of affording arbitrators equal to the determination of every case. For if the matter in dispute between the two parties were to happen to be a mercantile question, there were merchants in the association. If a question relative to shipping, there were ship-owners in it. If a question of insurance, there were insurance-brokers also.

A man