RS 26

a safe haven in the shadow of war? – mia korpiola 79 Brahe, and the Chancellor of the Realm, Axel Oxenstierna, but in his judicial capacity as thelagmanof Norrland. He was at court because a Peder Eriksson from Ångermanland, a province within his jurisdiction, was complaining about a land dispute he had been involved in. The case had been heard at the lagman’s court under the presidency of Oxenstierna’s deputy, the vice-lagman. Oxenstierna had been summoned there to explain the happenings, but he warned the Court of Appeal not to illicitly encroach upon his authority (förgrijpa sigh i hans mÿndigheet). Referring to the Ordinance, Oxenstierna denied, obviously with some hauteur and irritation, that the Court of Appeal had competence in the case; as there had been no wager against the decision of thelagman’s court as the Ordinance demanded,204 it was not to he heard in the Court of Appeal. Therefore, he “kindly requested that the wellborn lords and good men who sit on the tribunal would remember it and bear it in mind.”205 However, such an impertinent remonstrance and refutation of the Court’s powers was not taken kindly by President Magnus Brahe. He replied just as haughtily and with obvious pique that they remembered very well what was stated in the Ordinance as well as in the Statute.206 Brahe referred to the Ordinance, observing that if anyone claimed that he or she had not had justice, the Court of Appeal had the competence to investigate the allegations. As Peder Eriksson denied having had justice, the court was within its competence to hear the case as the king had authorized.207 Thus, as complaints of justice denied (querela denegatae justitiae) were within the competence of the Court even in criminal cases, the powers of the new Court exceeded merely reacting to wagered verdicts and looking fol. 70r: “Ähr bewilliget effter Rättegångz Process somwår Nådige Konungh och Herre gillet haffuer [...].” 204 Article 5, Rättegångs-Ordinantie Kongl. (1614), inKongl. stadgar, ed. Schmedeman, p. 135. 205 RA, SHA, A I a 1:1, 18 Oct. 1614, fol. 130r: “[A]lldenstund han der emoot inthet laghligit waadh hafuer kastadt: Och refererede han sigh inn opå Rättegångz Ordinantien, at inge saker äghe heller böre här opptaghes, Vthan dhe som Laghligen här Vnder wadde äre, och wenligen begärede att dhe Welborne Herrer och godhe Männ som i Rätten såtho, wille sigh sådant ihåghkomma och till minnes låte gå.” 206 RA, SHA, A I a 1:1, 18 Oct. 1614, fols. 130r-130v: “the sigh nogsampt wette där opå (130v) ihughkomma, huad i Rättegångz Ordinantien förmällt står, så wäll som vthi Rättegångz processen[...].” 207 Article 10, Rättegångs-Ordinantie (1614), inKongl. stadgar, ed. Schmedeman, p. 137. See also Authorization of the King to the Court of Appeal, RA, SHA, E I:1a, 16 Feb. 1614.

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