from well-travelled – marianne vasara-aaltonen 331 sala.973 Crusius’s knowledge reassured the foreign parties to the cases and one party’s Swedish advocate was even quoted saying: “I do not understand these matters, doctor Crusius understands them well”. After Crusius’s death in 1633, the court struggled to find someone as qualified to replace him.974 Next to academic education at foreign universities, knowledge was also gained through contacts with learned men in Europe and through acquiring foreign legal literature.975 It is evident, therefore, that the assessors’ education was also affected by whether or not foreign law could be used in the court. As the courts of appeal had foreign trained judges throughout the seventeenth century continually, it is quite natural that someius commune influence was filtered through into the courts’ practice. Jägerskiöld has found several cases of the Svea Court of Appeal where foreign law was indeed applied. Despite some cases with references to foreign law, one should not exaggerate its significance, which all in all remained rather slight. Attitudes on the use of foreign law hardened towards the end of the seventeenth century and in 1683 a royal decree prohibiting the judiciary from applying foreign laws was issued. Since this is the time when Sweden turned to absolutism, it seems natural that a decisive stand against foreign rules was taken.976 The same prohibition was also adopted in the Code of 1734. With this clear rejection of foreign law, which became evident in the late seventeenth century, it is also understandable that the appeal of studies abroad may have lessened.977 The Instrument of Government of 1719 also decreed that only Swedish subjects born in Sweden or its provinces should be granted office.978 With the Great Northern War (1700 – 1721), Sweden’s position as a great power came to an end. The thriving contacts of the seventeenth century no longer had a foundation as Sweden’s presence in Europe diminished. In addition, diplomacy was becoming more established and profes973 Moving from an academic position within the field of law to a position in the judiciary was seen as a natural step. See Lindroth, Sten 1975 p. 372. 974 “I förstå die saken nicht, der Doctor Crusius förstår väl die saken”, Petrén, Sture 1964 pp. 68-70. 975 Nuorteva, Jussi 1997 pp. 435-436. On acquired legal literature, see Jägerskiöld, Stig 1965. 976 Pihlajamäki, Heikki 2010 pp. 170-175; Jägerskiöld, Stig 1963 pp. 84-90. 977 Of course, one must keep in mind that making prohibitions on applying foreign law is only one part of the question. Foreign influences naturally also entailed a way of legal thinking - something which cannot be prohibited in the same way. 978 RF1719 § 34, printed inFrihetstidens grundlagar, ed. Brusewitz.
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