June 16, 1654.
The judicial institutions of Hamburg. Whitelocke, being, through the goodness of God, well recovered of his distemper, went abroad this day, and was shown the Town-house, which is a fair and handsome building, of the like fashion, but more large and beautiful, than that at Lübeck, and much better furnished. Here are many chambers for public councils and tribunals; some of them have their pillars covered with copper, and pavements of Italian marble; they have also rich hangings, and chairs of velvet, blue, and green, and rare pictures. The Chamber of Audience, as they call it, is the court of justice, where the Right-herrs, who are in the nature of sheriffs, do sit to despatch and determine the causes of the citizens; and if the cause exceed the value of a hundred dollars, an appeal lies to the Senate, as it doth also in all causes criminal.
From the Senate there is no appeal in cases of obligations, letters of exchange, contracts, debts, and matters of merchandise, but therein a speedy remedy is given for the advantage of trade; but in all other cases, where the value exceeds a thousand dollars, and in all causes capital, an appeal lies to the Imperial Chamber: and in the judicatories of the city, the proceedings are according to the municipal laws and customs thereof, which nevertheless have great affinity with the Imperial civil laws, especially in the forms and manner of proceedings; and in cases where the municipal laws and customs are defective, there the proceedings are according to the civil law. They do not proceed by juries of twelve men to try the fact; but the parties contending are heard on both sides, either in person or by their advocates or proctors, as they please, and the witnesses on either side are examined upon oath; after which, the judges taking serious consideration of the whole matter and of all circumstances and proofs therein, at a set time they pronounce their sentence; and commonly the whole process and business is determined in the space of three weeks, except in cases where an appeal is brought. The judges sit in court usually twice in every week, unless in festival times, when they keep vacations, and with them their holidays are not juridical: their equal and speedy administration of justice is commended both by their own people and by strangers who have occasion to make trial of it.
Municipal Government of Hamburg. Their public government, by which their peace is preserved, disorders restrained, and men kept from being wolves to one another, makes them the more to flourish, and consists of four Consuls or Burgomasters and twenty other Senators, of whom twelve were called Overholts, and the other twelve Ricks-herrs. Upon the death or removal of any Senator, the choice of a new one is with the rest of the Senators. The choice of the Overholts is by the people, and they are as tribunes of the people; they have power to control the Senate through the supreme magistracy, but they do it with all respect and tenderness, and no new law is made nor tax imposed without their consent. But the execution of the present laws, and the government of the people, and the last appeal in the city, is left unto the Senate; as also negotiations with foreigners, the entertainments and ceremonies with strangers, and generally the care of the safety of their State.
In cases of extraordinary concernment, as of war and peace, levying of money, making of new laws, and matters of extraordinary weight and consideration, of which the Senate are not willing to take the burden wholly upon themselves, or to undergo the envy or hazard of the consequences thereof; in such cases the Senate causeth the Overholt to be assembled, and, as the weight of the business may be, sometimes they cause to be summoned an assembly of the whole body of the burgesses of the city, before whom the business in the general is propounded, and they are desired by the Senate to make choice of some deputies, to be joined to the Senate and to assist them in the matters proposed. Then the whole body of the freemen do commonly make choice of eight, sometimes more and sometimes fewer, as they please, out of their own number, and these deputies have full power given to them by this assembly to despatch and determine, together with the Senate and the Overholt, their matters thus proposed to the general consideration of that public assembly; and what this Council thus constituted do resolve in these matters, the same is put in execution accordingly, obligeth, and is freely submitted unto by all the citizens, who look upon themselves by this their election of deputies to have their own consents involved in what their deputies determine.
In the evening Mr. Stetkin, with whom Whitelocke had been acquainted in England, when he was there, a servant of the late King for his private music, wherein he was excellent, came to Whitelocke, and with Maylard, one of Whitelocke’s servants, made very good music for his diversion.
This day the wind came about reasonable good for Whitelocke’s voyage, who thereupon ordered the captains away to their frigates and his people to prepare all things in readiness for his departure tomorrow; his baggage was carried down and put on board the frigates. He gave his most hearty and solemn thanks to the Resident, and to all the gentleman of the English Company of Merchants here, who had very nobly and affectionately entertained Whitelocke at their own charge all the time of his being in this city. He ordered his gratuities to be distributed among their servants and to all who had done any service or offices for him, both of the English house and of the townsmen, and ordered all things to be in readiness to proceed in his voyage.