ere 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.]
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
thei
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