RS 26

the svea court of appeal in the early modern period 154 mus Birckholtz responded that his sister had begged him tearfully to defend their case.430 Ultimately, the problems were connected to the conflicts of the previous decades. Firstly, the disagreement between Filippa and Klas Fleming and the resulting last will made by Filippa had brought some of the property into the hands of the King, out of the reach of the law of inheritance. Secondly, the mismanagement of Anna Fleming’s property by her guardian resulted in acomplicated situation in which it was difficult to estimate the losses suffered and the compensation required. And finally, the approximate confiscations and compensation imposed on the family of Klas Fleming by Duke Charles in the late 1590s made the situation even more confusing. One problemwas that some related documents weremissing – Per Banér made it known that part of the Fleming archives had been confiscated in the 1590s and were still in the possession of the Crown. The last will of Filippa Fleming had first and foremost been directed to King John III and was thus in the royal archives, preventing it being fetched to the court.431 The archives of the Crown and the King were not open to the plaintiffs or even to the Svea Court of Appeal. While Joen Planting had freely expressed his opinion and words to be recorded in the Court records, the parties to the case of Birckholtz vs. Banér were reluctant to give or accept pleadings or comments given otherwise than in writing.432 Hieronymus Birckholtz in particular was keen on giving his opinion on paper, and also demanded the answers from his opponent in written form, “because he cannot so accurately remember all that Per Banér has said by word of mouth.”433 At one point, Banér protested against this, claiming that Hieronymus was clearly using some external help to analyze the answers and to formulate his written pleas. To this, Hieronymus replied that he had a perfect right to resort to the advice of good men on such occasions.434 430 Court session 16 Oct 1620, RA, SHA, E VI a 2aa, Liber causarum 27. 431 Court session 14 November 1620, RA, SHA, E VI a 2aa, Liber causarum 27. 432 See, for example, the Court session on 13 Oct 1620, RA, SHA, E VI a 2aa, Liber causarum 27. 433 “[E]fter han icke altt så grant minnas kan hwadh här Per muntligen swarat,”RA, SHA, E VI a 2aa, Liber causarum 27, 2 Nov. 1620. 434 Court session 14 Nov. 1620, RA, SHA, E VI a 2aa, Liber causarum 27.

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