RS 26

a safe haven in the shadow of war? – mia korpiola 83 (1466 – 1526) of theRota Romana, the papal supreme court receiv-ing cases from all over Christendom, has come to somewhat less drasti figures. She estimates that about 70 per cent or more of the causes initiated in the Rota were abandoned before a decision. She attributes this to the strategic considerations of the parties. The costly process was started in order to pressure and intimidate the other party into a settlement, and if this strategy worked – or seemed futile – litigation in Rome was dropped.221 However, as far as theJanus Regius is a reliable source, the percentage of cases in 1614 – 1617 litigated to a decree, whether interlocutory or final, is surprisingly high. In 34 of the 78 instances listed as initiated during the period, the court gave at least one final decree, making a percentage of somewhat over 43 per cent. In 15 causes (slightly above 19 per cent), the court gave both an interlocutory and a final decree. Thus, one can observe that in more than two cases out of five the litigation went on until a final verdict was handed down.222 Based on these figures, it would seem that the Swedish Court of Appeal litigants may have pursued the cases initiated until a verdict more often than in many other early modern European courts. Even if the question needs more thorough research, this suggests a tentative answer. It may be that not as many lawsuits were settled outside the courts as in other European countries of the time. Another reason may be the relative simplicity of the Swedish legal system, with few overlapping court systems and better-defined jurisdictional boundaries which afforded litigants fewer options for forum shopping in comparison to several other European countries. It may also be that the decrees of the Court of Appeal, acting in the King’s name and using his royal authority, had special value for the litigants and were more likely to be more enforceable so that it was worth litigating until a decision was received. The number of cases initiated per year (1614 – 1617) in theJanus Regius diary:223 221 Salonen, Kirsi 2012 esp. pp. 157-159, 337-338. 222 Figures calculated from the Janus Regius diary, RA, SHA, D I:1 1. 223 Figures calculated from the Janus Regius diary, RA, SHA, D I:1 from among those cases that indicate the year of initiation. 6 22 35 14 1614 1615 1616 1617

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