the court of appeal as legal transfer – heikki pihlajamäki 237 Estonia or Riga.642 The briefs written by learned lawyers in the cases of domestic magnates were also exceptionally learned, such as in the two cases of Count Palatine Adolf Johan of Pfalz-Zweibrücken (1629 – 1689), titular Duke of Bavaria, against his former father-in-law Count Per Brahe (1602 – 1680) in 1670.643 The legal practice of the Svea Court of Appeal, although allusions toius commune become at least slightly more frequent towards the end of the seventeenth century, begins to be dominated even more by domestic written law. Thus not only does Roman law become more noticeable, but domestic law does so even more. The lawyer of Count Adolf Johan in the case against Per Brahe, for instance, in addition to using a wide array of arguments based onius commune, also referred to a series of domestic sources, such as King Kristoffer’s Law of the Countryside (Chapter on Land, Jordabalken, Section 16) and Magnus Eriksson’s Town Law (Section 17).644 A memorandum of a presenting judge (Petrus Kyronius) contained several domestic sources in a criminal case of crimen laesae majestatis, besides some Roman law sources. In addition to the Chapter on Land of the Law of the Realm (Section 8) and the Town Law (Section 6), the judge referred to the Resolutions of Norrköping (1609) and the Statute of Örebro (Örebro Stadga, §§ 2 and 3, 1617).645 Legal communication in the Swedish court system worked differently than in Livonia. As I mentioned above, the Dorpat Court of Appeal spoke the same language of ius commune as did the Livonian lower courts – that is, the judges and lawyers active in them. In contrast, legal professionals in lower courts in Sweden proper were a rarity in the seventeenth century. The Court of Appeals, therefore, even if some of their own judges were undoubtedly capable of engaging themselves in a ius commune discussion, had to simplify their message if they wanted it to carry through effectively to the lowest echelons of the judicial system. 642 Borgmästarna och Rådh i Riga emoot Johan von Rautenberg; and Vitinghoff c. in puncto paraphernaliorum, RA, SHA, E VI a 2 aa:177, Liber causarum 1660. 643 Adolph Johan Pfalzgraf vs. Per Brahe; and Adolf Johan Pfalzgraf and Georg Gyllenstierna vs. Per Brahe, RA, SHA, E VI a 2 aa: 257, Liber causarum 1670. 644 RA, SHA, E VI a 2 aa:257, Liber causarum 1670 (pagination by the case), Adolf Johan vs. Per Brahe, fol. 34. 645 RA, SHA, A II a:29, Codex rationum 1677, loose, unpaginated leaves between fols. 418 and 419.
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