the svea court of appeal in the early modern period 274 merce. Some of the most pressing problems were linked to debt collection. According to Rosenhane, the defects in the execution of judgments made it difficult for creditors to get their due with appropriate speed.764 For this reason, Stockholm merchants struggled to keep up their credit in foreign countries. The problem was caused by the luxurious lifestyle of the Swedish elites. Accustomed to European luxuries, Stockholm elites lived beyond their means, but aristocrats could take advantage of the privileges and delay execution proceedings. Swedish law also made it possible for debtors to pay in kind. This possibility was used maliciously, with debtors insisting upon their right to pay with goods of dubious quality (medh bast och blaggarn), even if they had other assets at their disposal.765 There was also inappropriate discretion in execution proceedings. Unlike in foreign countries, it was not possible to attach debtors or their assets “without respect to person.”766 Foreign merchants would find it peculiar that they could not make use of summary or parate execution (paratam executionem) of indisputable obligations and accepted bills of exchange as they were used to in their own countries. The obvious consequence was that they were unwilling to extend credit to Swedish merchants.767 While some of the problems were caused by genuine poverty, in many cases debtors were trying obstruct the course of justice. However, Rosenhane stressed that the problems were not caused primarily by the incorporated burghers of Stockholm, least of all the indigenous Swedes among them. It was foreigners who were the most quarrelsome and the least willing to pay. Fraudsters from England, Scotland, Holland, Hamburg and Lübeck had realised that the lack of rigid procedures could be exploited.768 In their complaints at the Diet of 1664, the burghers’ representatives complained about problems of debt execution. Execution measures taken 764 “Så finnas och åthskillige beswär som tem hindra och trykkia, mehra än på andra orter i wärlden; Såsom besynnerlig det att hoos en så stoor owiss- och orichtigheet finnes i bethalingen; Ty emedan en köpman inthet kan få reeda penningar för sitt godz, och icke heller prompt bethalning eller execution vppå det han nödgas vthborga, ähr honom omöjeligit att kunna bethala sine creditorer igen och hålla sin credit,” Schering Rosenhanes berättelse 1663 p. 31. 765 Schering Rosenhanes berättelse 1663, p. 32. 766 “Härtill kommer den otijdige discreitionen somman wid executionen will bruka, i thet man icke må tasta någon an, till Person eller godz, som uthom lands skeer, uthan anseende till någons person, såsom förnembde aff adell, och många flere fått förnimma,” Schering Rosenhanes berättelse 1663 p. 32. 767 Schering Rosenhanes berättelse 1663 pp. 32-33. 768 Schering Rosenhanes berättelse 1663 pp. 42-43.
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