A Journal of the Swedish Embassy in the Years 1653 and 1654, Vol II.
John Locke · en
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 Luebeck, 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.
[SN: Municipal Government of Hamburg.]