entangled in insolvency – jussi sallila 279 arguments based on Roman law and other foreign authorities. Jägerskiöld cited Rosenhane’s votumat length in his studies as a good example of the influence of Roman law.784 In the case materials of the liber causarum, the reporting judge presented the case using the terminology of concursus creditorumin a way suggesting familiarity. Because the assets of the estate were not sufficient for payment to all creditors (inte förslå till Creditorernas afbetalning), the creditors were summoned to compete (sammankallas Creditorerna att Concurrera).785 The lawyers representing the parties, Christopher Melling and Pedher Carlsson, used similar terminology extensively. However, apart fromconcursus creditorum, the Latin terms they used all had Swedish equivalents, and the references to legal sources are restricted to Swedish law.786 Use of Latin was mainly superficial and does not provide evidence of deeper learning of the ius commune. In a 1672 case, a widow who had ceded her estate to the creditors did not acquire discharge from liability through the cessio bonorum. The fact that the widow had waited for two years after the death of her husband before ceding the property was used as argument against her. Interestingly, the town court of Stockholm was criticized by the appeal court judges for its lax practice in providing relief from future liability.787 Jägerskiöld points out that the question of compositions was raised in the 1672 case by Axel Rosenhane (1637 –1685), nephewof Gustaf Rosenhane who had discussed the same possibility in 1655. However, according to the majority of the court, recalcitrant creditors were not bound by the composition agreed by other creditors.788 The 1672 case was cited as a precedent in 1677.789 Aside from deceased estates, the competing claims of the creditors could initiate the proceedings where the court deemed the debtor insolvent after individual execution measures.790 However, the problem with such cases was that truly universal proceedings involving all creditors and all of the 784 Jägerskiöld 1967, pp. 315-318. Jägerskiöld 1963, pp. 65-66, 89. 785 Hans von Vördens kreditorer/Karin Pedersdotters arfvingar, RA, SHA, E VIa 2aa:156, Liber causarum no. 105:4 (1655), no. 6. 786 1655-X-23: Carlsson’s exceptio, 23 Oct. 1655, RA, SHA, E VIa 2aa:156, Liber causarum no. 105:4 (1655), 6, fols. 43-45. Melling’s replica on 27 Oct., fols. 47-48. 787 Arvid Andersson./. Maria Benning. Cod. rat. 29 March, 1672, cited in Jägerskiöld, Stig 1967b pp. 318-320. 788 Jägerskiöld, Stig 1967b pp. 317, 320. 789 Catharina Jöransdotters kreditorer/Catharina Jöransdotter, RA, SHA, A II a 29, Codex rationum 16 Nov. 1677, fols. 557-560. 790 Herdin, K.W. 1926 p. 116.
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