the svea court of appeal in the early modern period 282 According to the Town Court, Rebelledey’s insolvency had been caused by events beyond his control. The court also referred to “established customs of other well-ordered countries” (andra välbeställda republikers övliga bruk). Rebelledey had taken over the stock of his father’s business at a high price as a loyal son, and because of unfavourable trade conditions he had not been able to put his operations on a solid foundation. The ruthless execution measures of the creditors would destroy his credit once and for all, if no discharge was allowed.801 Both parties appealed, Rebelledey in order to receive a definitive judgment (ändskap) along the lines of the Town Court judgment that favoured him.802 The Court of Appeal judgment was in favour of the creditors. Lars Mörling (1630–1689), the reporting judge, insisted upon the requirement of a specific calamity (notabel olycka) as the facilitating cessio bonorum. In addition, a restriction of further liability demanded a composition through the free will of creditors. The majority of the judges agreed, underlining the fact that beneficium cessionis bonorumwas relief for “miserable persons.” In medieval canon law and Roman law of late antiquity, the protection of the so-calledmiserabilis personae, defenceless persons such as the poor, widows, orphans and the disabled, was the duty of ecclesiastical and secular authorities.803 There was no precedent supporting a decision to the contrary. According to Magnus Utter (Utterhielm, d. 1699), it prohibited true cut-throat measures by ruthless creditors but did not discharge the debtor of the liability. Markus (Kock) Cronström (d. 1679), another judge voting with the majority, was suspicious of Rebelledey’s motives. In his view, the debtor was expecting a large inheritance from his wife’s parents. Meanwhile, he wanted to exclude his creditors by paying them useless property items (bast och blaggarn) and acquiring a discharge.804 Taken together, the cases Jägerskiöld recites provide some evidence of a novel commercial outlook gaining support at the lower court level. It is interesting that the more debtor-friendly minority opinions of the appeal court judges that Jägerskiöld quotes extensively were presented by mem801 A copy of the Town Court judgment is attached to both Rebelledey’s citation on 26 Jan. 1676 and the reciprocal citation of his creditors on 28 Jan., RA, SHA, E II a 2 aa: 311, Liber causarum 127:5 no. 18, fols. 2-3, 5-6. See also Jägerskiöld, Stig 1967b pp. 321-322. 802 RA, SHA, Liber causarum 127:5 no. 18, fol.1. 803 Korpiola, Mia 2009 p. 178; Forster, Wolfgang 2009 p. 332. 804 RA, SHA, A II a 29, Codex rationum, 7 Dec. 1677, fols. 643-660 [8 pages in total, discontinuous pagination]. See also Jägerskiöld, Stig 1967b pp. 322-323.
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