479 have been at its peak during the first half of the 18th century. During the later part of the century the persecution of those who had been absent from church ceremonies lessened and those who had committed fornication were more seldom punished by secular courts. Yet the traditional church discipline still existed. The right of the Church, to be responsible for church discipline was admitted in the Church Law of 1686, and it was exercised in many parishes. When the secular courts relaxed their religious zeal, some parishes continued to exercise it with lesser or greater success even in the 19th century. When the task of the court was, above all, to settle disputes between private citizens, then the plaintiff had to initiate a prosecution, gather witnesses and bring forward other proof which was needed and, finally, to represent him/ herself before the court. It was extremely rare that a plaintiff had legal representation. In order for state interests to be asserted in the courts it was necessary that the resources for tracking down and prosecuting criminals were improved. While the legal profession expanded extensively in England during the 18th century, it took a great deal longer for it to play an essential role m criminal cases In Sweden. Both the English and Swedish legal procedures during the 17th century were overwhelmingly procedural, i.e. a battle between two parties where “bench” and judge gave the verdicts. In Sweden the courts evolved towards a more Inquisitionary formlater on, i.e. they themselves took the initiative to investigate states of affairs. This situation is more noticable in the court records at the end of the 17th century. These records sometimes were actually in the formof questions and answers, after which the judge and bench made their decision. This occurred, without doubt, as a result of the fact that the professional judges had an academic education and were influenced by continental doctrines. The annullation of “twelve men’s oaths”, which allowed one to swear oneself free with the help of eleven friends, is a link in the same chain. The legal theory of proof, i.e. the demand that two witnesses and a cc'infession are needed for conclusive demonstration of proof, became more and more accepted. This theory of proof was regarded as being one reason for the use of torture on the continent in order to gain conclusive demonstration of proof m serious criminal cases. In Sweden torture was only used in extreme cases, such as in witch trials and when the safety of the King/State was regarded as being in jeopardy. When the evidence was very encumbering but not decisive, then the court could. In individual cases, sentence someone to prison pending a confession. During the course of the 17th century it became usual for local constables and sheriffs to be used more frequently tea look taut for government interests at courts proceedings. New offices were also Instigateef for similar duties, e.g. tea ceambat peaaching and the illegal felling of forests. This was of mtare imptartance, as the statutes which protected the interests of the Church and State were not alwavs popular with the common petaple. When it was a question of
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