348 otherwise be subjected to reprisals. During the preparation of the ukaz, reference was made to the following examples of lawful excuses in Swedish procedural law: 1.if anyone before the affixed time is shortly to be sent someplace according to an ukaz (that is, on royal assignment, author’s note), 2. if he is hindered in any way by the enemy, 3. (if he) has lost his senses, 4. if he has suffered from flood or fire or thieving people, 5. if parents or wife or children die. Peter himself crossed out the first case. Then he added laconically that it was “to be written in” {vpisat'). A comparison of the final legal text and the Swedish trial statute of 1695 concerning this point produces the following result: Sivcdish text If the defendent or his representative at the same session of the court, and with witnesses, proves a legal excuse, which is: 1. That he lies in sick bed, or wounded, upon which, when doctors and surgeons issue certificates, they, just as all other witnesses, should swear to them, if requested to do so; which shall also be observed in other cases where their attestations are referred to or demanded; 17!) Russian text And if the plaintiff or the dclendent suffers from an illness at the time he is required to come before the court, then he shall immediately notify the court that he has fallen ill, after which the court shall send three members to investigate, and where possible a doctor or a surgeon shall be with them; and if it proves to be true, then he will not be held responsible, but the affixed time shall be changed after consideration; but if he has falsely stated that he is sick, then he is to be taken to court against his will ... If in such a case he gives legal reasons (zakonnye prichiny), namely: 1. if (there has been) some obstacle (caused by) the enemy 2. is from his senses 3. that he has suffered from flood or fire or thieving people 4. if parents or wife or children die 2. is commandeered or travelling in the king’s service 3. is sitting in jail 4. is hindered by the enemy 5. is from his senses 6. suffers from fire or floodwaters 7.on the occurrence, at the time of the date of summons, of a death such as that of a husband, wife, parent, or child G. is summoned to a higher or another court at the same time or there are other such absolutely necessary reasons which the judge may, in a defensible manner find lawful, then the matter is postponed until the next session of the court. Then it should be investigated, to what extent he has told the truth. And if it is shown to be the truth then he shall not be held responsible, but complete his case according to the ukaz (that is, the Ukaz o forme suda, author’s note) ZA (no. 393), 397. Ibid., loc.cit. ZA (no. 395), 402—403. SCHMEDEMAN, 1415. 181
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