summary 373 In 17th century Sweden, religion was a prominent factor in all aspects of social life. The Bible was a valid source of law being linked to the Swedish National Law Code by an appendix made by King Charles IX in 1608. The fact that references to the Bible, especially the Ten Commandments and the Pentateuch, were used in criminal cases is well known, often with harsh sentences as a result. A lesser known fact is that Biblical references were also used in civil cases, especially those relating to matters of property. As regards wills, Biblical references were used in a majority of the cases from the Svea Court of Appeal studied in this dissertation. Most common were references to the New Testament and to Galatians, especially Galatians 3:15 which states that ‘Though it be but a man’s covenant, yet if it be confirmed, no man disannulleth, or addeth thereto’ (KJV1611). In the court records of the disputed wills in the courts of appeal, there is often evidence of extensive jurisprudence on the sources of law. The judges did not focus on individual sections of the law; instead they made more general arguments based on the sources of law available at that time. Arguments of equity, focusing on the welfare of the children and the family, were very common throughout the period covered by this study. An example of this type of equity ruling was the right of children to inherit, where the Svea Court of Appeal held that, as far as possible, a child had a right to inherit at least something from his or her parents. The notion of a right of inheritance for children was so strong at this time that it was difficult for the courts to disregard such claims, even in cases where the child had acted in a manner that raised doubts as to whether it deserved an inheritance at all. The legitimate share of the inheritance of children (Latin: legitima or Swedish: laglott) had to be respected, but the court did not state the size of this share, and the right of children to a legitimate share of the inheritance was not codified until 1857. Thus, alongside the medieval laws, both religious beliefs and arguments of equity were common in cases of disputed wills. Legal discourse in the 17th century incorporated different aspects of the ideas, standards and values which permeated the prevailing legal culture and society in general. Religion was important in this context and the task of a good and humble person was to serve God, live in piety and show consideration to his/her next of kin. An individual was to do his/her duty and to see that his/her survivors were catered for when he/she died. Religious and moral arguments that relied on grief and poverty as giving a right of inheritance were
RkJQdWJsaXNoZXIy MjYyNDk=