RS 26

the svea court of appeal in the early modern period 60 historical period, is untenable. Thus, the historic significance of the momentum was probably partly lost on contemporaries when the 1614 Ordinance was confirmed at the Diet of Örebro. Thus, in this article, I will be arguing that one needs to understand the foundation of the new court against the background of the years immediately preceding and through a close analysis of the sources of the period. In order to overcome the hazards of explaining the events of 1614 by perception after the fact, this essay will analyse the activity of the court during its first years – especially its first year. In order to answer the question of the raison d’être of the Svea Court of Appeal, I have turned my attention to the main sources telling us about the activity of the court, namely, its own archives. Three main records exist for its first year: its register of outgoing letters,136 fine rolls,137 and records – including judgements.138 These sources cover the first two law terms or “judicial sessions,” i.e., May-July and September-November 1614,139 but from after the official end of the session as some judges had also to remain in Stockholm on call for urgent matters relating to justice. That the court was required to have judges and staff on call between term-time to see to urgent matters relating to the administration of justice rather points to the multi-faceted role of the court and that litigation was hardly the court’s main function when it was first founded. To supplement and diversify the outlook on the court’s activity, I have also used theJanus Regius diary of civil litigation, compiled in 1635, as a source of information regarding the litigation before the court between 1614 and 1617. In addition, the statutes and ordinances regulating the court’s activities140 as well as the letters received by the king141 have been used. Based on what the sources tell us of the activity of the Court 136 RA, SHA, B I a:1. 137 RA, SHA, D VIII a:1. 138 RA, SHA, A I a 1:1. It is worth noting that the archival labelling of the records is very misleading. Under “Records of civil litigation” (protokoll i civila mål) for 1614, one not only finds the day-to-day minutes of the court’s two sessions, but also signed copies of all the letters of judgement as well as summaries of the cases dealt with by the court. These involve not only civil but also criminal cases regardless of whether they had been initiatedex officio or by private suits. 139 Art. 20, Rättegångs-Ordinantie(1614), inKongl. stadgar, ed. Schmedeman, p. 141: from the 1 May to 29 June (ifrånWalburgis och intil Petri Pauli) and 8 September to 11 November (ifrån mårmesso in til Martini). 140 The Ordinance and Authorization of 1614 and, thirdly, the Trial Statute (RättegångsProcess) of 1615, all printed inKongl. stadgar, ed. Schmedeman. 141 RA, SHA, E I:1a and 1b.

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