the court of appeal as legal transfer – heikki pihlajamäki 235 53) as authorities on evidence. As for the robbery, Stiernhielm arrives at the conclusion that the accused should not be condemned to the ordinary punishment (poena ordinaria) for lack of proof. Should he merit an extraordinary punishment, he would have already served it anyway, having been kept in pretrial custody (…biszhero mit länglicher gefängnüsz auszgestanden.)633 It may thus be concluded that Stiernhielm’s argument is entirely based onius commune. Stiernhielm’s adherence to ius commune also shows in his suplicatio to the Dorpat Court of Appeal of 20 August 1655. Stiernhielm did not accept that the lower court judge (Unterlagman) of Ingermanland, Jasper Jansson, had refused to let Stiernhielm appeal in a case between himself and Antonius Rosenbröijer, in addition to which Jansson had proceeded to the execution of his decision without waiting for the Court of Appeal decision. The poet-lawyer based his claims on Roman and canon law (de iure civili quam canonico), allegedly resulting in the decision of a lower court being null and void (ipso iure nulla). He further claimed that “all laws state” that it was unlawful to execute a lower court decision without waiting for the appeal court’s say on the matter. Even “all laymen” (idiotae) knew this, and equity (Billigkeit) demanded as much. In this same supplication, he refers to the procedural works of Roberto Lancellotti634 and Jean Masuer.635 Lancelloti’s book was De attentatis et innovates et appellatione pendent (the locus cited beingII.XII.89–92; Rome 1576) and Masuer’s Masverii Ivris consutli Galli practica forensic (Paris, 1510). Although not among the most cited procedural works in Europe at the time, both works existed in Stockholm and were of course widely known in Wittenberg as well, where Stiernhielm had studied.636 Even though some more Roman law appears in the Svea sources, the referrals to Roman law should be seen in context of a growing number of written law sources in general. The Codex rationumof the Svea Appeals offers a remarkable insight into the way the judges thought about the legal sources. The Codex contains the opinions (vota) of the judges where the 633 Samlade skrifter av Georg Stiernhielm, vol. 3:1, ed. Wieselgren, pp. 15-29. 634 Lancellotus, d. 1586, an Italian canonist, professor in Perugia and later advocate in Rome. 635 Mansuerius, d. 1450, a French canonist. 636 See Samlade skrifter av Georg Stiernhielm, vol. 3:1, ed. Wieselgren (ed.), pp. 181-182 and 3:2, p. 189.
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