the svea court of appeal in the early modern period 410 which applied Swedish law in the royal or duke palaces they had occupied from their former rulers in Riga, Stettin, and Wismar.1168 Theborgrätt plays an interesting and important role in the total view of the royal jurisdiction. As the deep structure of its jurisdiction goes back to medieval times and also plays a key role in the royal High Council (Höga Nämnd) of ErikXIVin the 1560s, we have to consider its place in the royal Court of Appeal in Stockholm, located in the royal palace. Marko Lamberg refers in his article to a case from the Stockholm Town Court in 1616 and 1617 in which the bailiff Lasse Matsson, neither “a burgher nor a member of any burgher household” was sued in the Town Court as he had offended the court verbally. He and his employee, “the old queen” Katarina Stenbock, the widow of King Gustav I Vasa, objected to the jurisdiction of the Town Court. The Dowager Queen’s argument was that she could not send her servant to the Town Hall “where the court is both the prosecutor and the judge.” The representative of the Dowager Queen argued that Her Majesty was a crowned queen “who has to have a court of her own.” However, she was willing allow Lasse Matsson to appear before the Court of Appeal.1169 The forum privilegiatumfor the nobility could be extended to members of the royal court and their servants. The development of the separate jurisdictions for the royal civil servants in the seventeenth century resulted in a well-organized structure for royal servants in royal courts in the royal palace, theborgrättenand its court of appeal (Övre borgrätten) in 1687. Similar to the martial law and martial-courts, the Swedish King Gustav II Adolf established law (krigsartiklar) and courts for the army (krigsrätt) in wartime in 1621, translated into German in 1632 and expanded with rules for the summary process in those courts during the Thirty Years’ War. It was an advanced institution with one lower court, the courts martial and one court of appeal (including a forum privilegiatumfor the highranked officers), the General Court-Martial, Generalkrigsrätten. The admiralty also obtained parallel jurisdictions for itself in the Admiralty Courts from 1644; a court system with lower courts and an appellate court for the Admiralty was created from 1717.1170 1168 Modéer, Kjell Å. 2003 p. 297 ff. 1169 See Marko Lamberg’s article in this volume, pp. 119 f. 1170 Kongl. maj:ts Förordning, Wid des Ammiralitets Öfwer ochUnder Rätt, At i ackt tagas och efterlefwas. Gifwen Lund den 15 januarii 1717.
RkJQdWJsaXNoZXIy MjYyNDk=