The trade of Hamburg. Touching the trade of this place, Whitelocke learnt that as they are very populous, so few are suffered in idleness, but employed in some way or other of trading, either as merchants, artificers, shopkeepers, or workmen. They have an exchange here, though not a fair one, where they daily meet and confer about their affairs and contracts.
The several branches and arms of the river Elbe, which pass along by their houses, afford them the better means and advantages for bringing in and carrying forth their commodities. There is a partition between the old and the new town; the old is but a small part of it, and few merchants reside there. The ships of greatest burden come up within two miles of the city; the lesser ships, whereof there be a great number, and the great boats, come up within the town to the very doors of their houses, by the branches of the Elbe, to the great advantage of their trading.
This city is much greater than Lübeck, fuller of trade and wealth, and better situated for commerce, being nearer to England, the Netherlands, France, Spain, and all the southern and western parts; and they are not to pass the Sound in coming home again. The staple of English cloth is here, and the cloths being brought hither for the most part white, it sets on work many hundreds of their people to dress and dye and fit them; and the inhabitants of all Germany and other countries do send and buy their cloth here. At this time of Whitelocke’s being here, there lay in the Elbe four English ships which brought cloth hither; one of them carried twenty-five pieces of ordnance, the least fifteen, all of good force; and the English cloth at this time in them was estimated to be worth £200,000 sterling.
In consideration of this trade and the staple of English cloth settled here, which brings wealth to this city, the Government here hath granted great privileges to the English merchants residing in this place, and they are part of the company or corporation of Merchant Adventurers of England,—an ancient and honourable society, of which Whitelocke had the favour honorarily to be here admitted a member.
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.