the svea court of appeal in the early modern period 276 The execution system continued to cause problems in Stockholm in the 1670s. In 1674, Over-Governor Clas Rålamb (1622 –1698) established an auction house to combat problems caused by the possibility of paying debts in kind. Speedy realization of assets smoothed execution proceedings. In his report of 1674, Rålamb pointed out that the moral appraisal of indebtedness depended upon the position of the individuals. Debtors were eager to point to the fact Swedish law called for leniency for those who were willing but unable to pay their debts, but when they were creditors, the same people insisted on the strict application of the law. Rålamb was conscious of the moral dilemmas that arose in such situations, stressing that the monarch should not intervene in individual cases without hearing the view of the over-governor as the appropriate authority. It seems likely that unofficial channels had previously been used.773 The reform of execution made it easier for creditors to collect indisputable claims. However, insolvency cases were more complicated, involving several creditors contesting the priority of their claims. The tension between leniency and strictness noted by Rålambwas also evident in the way insolvencies were perceived. In the complaints of burghers, these issues came up at consecutive meetings of the Diet. In 1668, the burghers complained about the way in which insolvencies brought ruin not only for the insolvent debtor but also for his creditors.774 The burghers demanded punishment of debtors who had caused their own insolvency. While it was acknowledged that effects of insolvency spread through credit networks, the main focus was on the appraisal of the personal morality of the debtor. In its response, the government stated that new measures were not needed as the old law made it possible to order the debtor to expiate his debt with his labour. In 1672, the burghers applied for new legislation providing severe punishments to those that acquired credit beyond their means.775 The government did not regard such measures as necessary. It was up to 773 Claes Rålambs ämbetsberättelse 1675, p. 296; Westerberg, Sten 2012 pp. 192-197. 774 Resolution på Städernes Beswär 1668, XVI (26 Aug. 1668), Alla riksdagars och mötens beslut, vol. 2, ed. Stiernman, pp 1542-1543: “som een och annan af Borgerskapet hafwer sig fördiupat uti öfwer sin förmögenheet och således måst fallera och komma til korta/förandes andre som dem betrodt hafwa med sig uti skada och widlyftigheet/hwar emot Borgerskapet underdånigst begärer något gott medel/och at ett wist straff måtte sättias på den som således motwliigt wijs genom slöserij eller annat egit wållande bringa sig och andre på obestånd.” 775 “Det Kongl. Maj:t skulle låta utgå en Förordning: at ingen wid swårt straff skulle taga högre Credit; än at han wiste sin förmögenhet tilräckelig at betala,” quoted inBetänkande 1772, p. 10.
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