An account of Sueden together with an extract of the history of that kingdom.

CHAP. III. (Book 3)

Of the Laws of Sueden. (Book 3)

THE Laws of Sueden were anciently as various as the Provinces were numerous, each of which had Statutes and Cu∣stoms peculiar to its self, enacted as occasion required by the Lagh-man or Governor of the Province, who was chosen by the People, and Invested with great Authori∣ty, especially while the Kingdom was Elective, his Suffrage con∣cluding the Province he governed. This variety was necessarily at∣tended with great Confusion; for remedy whereof, about Four-score Years ago, one Body of Laws was compiled for the di∣rection of the whole Kingdom;

yet this Collection is but an im∣perfect piece, and the Laws so few, and concieved in such gene∣ral terms, that in most cases they need the assistance of the Civil Law; and after all, the Final De∣termination depends much upon the Inclinations of the Bench; which in a poor Countrey, where Salaries are small, is often filled with such as are of Weak Parts, and subject to Corruption upon very small Temptations. The Effects of this would be more vi∣sible, if each Superior Court did not keep a Cheque upon the Low∣er, and the King's Court of Re∣vision over-awe them all, to which all Civil Causes importing the Sum of 70 l. are appealable; and very few end before they have been brought thither. In this Su∣preme Court his Majesty very fre∣quently sits with great Patience

and Application; and in Seven Years time has determined more Causes than the Senators did in Twenty before.

His Majesty is observed always to make a short Mental Prayer at first sitting down there.

In this Court the President of the Chancery, and Two or Three other privy Counsellors, do also sit, so does the Chancellor of the Court (an Officer next in degree to a Privy Counsellor) who is President of the Under Revision, where he and Two Secretaries do put Business into a Method fit to be brought before the King.

The Courts of Justice inferior to this are of three Degrees; of the lowest Degree of first Instance, there is one in each Corporation, (besides Stockholm, in which there are Three), as also in each Di∣strict or Territory, whereof every

Province contains several, some above Twenty; in the former (Cities) an Alderman or Coun∣sellor presides, and has some of his Brethren for Assistants; in the latter, the Governor of the Terri∣tory, with a standing Jury; his Court is Ambulatory, and usually kept near or upon the place where the Fact or Trespass was com∣mitted.

In these Courts Examinations are taken, and matters not exceed∣ing Forty Shillings are determined, the rest transmitted to the next Su∣perior Court, of which in every Corporation there is one, where the Burghmaster is President, and the Aldermen Assistants; and so in every Province there is one or more of these Courts, the Presi∣dent whereof retains the name of Lagh-man, without other Autho∣rity than that of a Judge; from

these all Causes of Blood must be transmitted to the respective Na∣tional Courts, where they are de∣termined without further Appeal; and thither also all Civil Actions, not exceeding 20 l. may be ap∣pealed; of these National Courts there are Three, one for the Kingdom of Sueden, held at Stock∣holm; another for the Kingdom of Gothia, kept at Iencopingh; and a Third for the Dukedom of Fin∣land, at Abo: In each of these a Privy Counsellor is President, and above half the Assessors are to be Gentlemen: All these Courts sit continually, or at most have but short Vacations; and not being pestered with too much Formality give Causes a speedy dispatch, un∣less they be retarded by some un∣der-hand Engagements.

Actions relating to the Sea are Triable in the ordinary Courts,

according to their Sea-Laws, founded upon those Ancient ones of Wisby in Gothland, which have formerly been as famous in the Baltick Sea, as the Laws of the Rhodes and Oleron in other places. The Court of Admiralty has not any peculiar Jurisdiction in the Administration of these Laws, but only in such matters as direct∣ly concern the King's Fleet, and in some places that belong imme∣diately to the Admiralty.

For Causes Ecclesiastical there is a Consistory in each Diocess, of which the respective Bishop is President, where Causes of Ba∣stardy, Contracts of Marriage, and other matters of that nature, are try'd; and Church-Censures of Penance, Divorce, &c. in∣flicted: These Courts have not Power to administer an Oath, nor to inflict any Corporal Punish∣ment.

From them there lies an Appeal to the respective National Court, and in some Cases to the King, as in all other matters.

For matters relating to the Mines, besides Inferior Courts, and Officers settled in the respe∣ctive parts of the Countrey, a General Court, called the Col∣lege of the Mines, sits at Stockholm, of which most commonly the President of the Treasury is chief, with a Vice-President, and other Assessors; the Laws in this regard are more exact and particular than in other matters, and for the most part Justice very carefully admini∣stred.

The Power of executing all Judicial Sentences is lodged in the Governors of the Provinces, the Stadtholders of Stockholm, and o∣ther places, and from them deri∣ved to Inferior Officers, who are

accountable to the National Courts; whither they may be Convened and punish'd, upon plain Proof of Default. But the Proof being difficult, and Mini¦sters of Justice apt to favour each other, they take great liberty to delay Execution, or to arbitrate, and put their own sense upon Sen∣tences; so that this part of Ju∣stice is administred the worst of all others, and has an Influence not only at home, but lessens the Credit of the Suedish Subjects a∣broad, against whom Justice can∣not be obtained without great dif∣ficulty.

The ordinary Charges of Law-Suits are no where more moderate than in Sueden; the greatest bur∣then arising from a late Constitu∣tion, That all Declarations, Acts, and Sentences, must be written upon Seal'd Paper of different

Prizes, from Two pence to Seven Shillings a Sheet, according to the Quality of the Cause, the Bene∣fit of which accrues to the King, and is computed to bring in about 3000 l. a year; other Charges are very few, every man being per∣mitted (in Criminal Actions com∣pelled) to plead his own Cause: Accordingly the Practice of the Law is below a Gentleman, and rather the Refuge than the Choice of meaner persons, who are ve∣ry few in Number, and for the most part very poor.

The Custom of a Jury of Twelve men is so ancient in Sue∣den, that their Writers pretend it had its Original among them, and was thence derived to other Nations; but at present it is dis∣used every where, except only in the Lower Courts in the Coun∣try, and there the Jury-men are

for Life, and have Salaries; they have this peculiar to themselves, that among them there must be an unanimous Concurrence to de∣termine a Cause, which in other Courts is done by a Majority of Voices.

Titles to Estates are rendred more secure, and less subject to Contests, by the Registers that are kept of all Sales and Alienations, as well as of other Engagements of them: The Purchaser running the hazard of having an After-Bargain take place of his, if he omit the Recording of his Trans∣action in the proper Court.

In Criminal Matters, where the Fact is not very evident, or where the Judges are very favour∣able, the Defendant is admitted to purge himself by Oath, to which is oftentimes added the Oath of Six or Twelve other men▪

who are all Vouchers of his Inte∣grity.

Treason, Murther, Double Adultrey, Burning of Houses, Witchcraft, and the like Heinous Crimes, are punished with Death, which is executed by hanging of Men, and beheading of Women; to which burning alive or dead, quartering and hanging in Chains, is sometimes added, according to the Nature of the Crime. Cri∣minals of the Gentry and Nobili∣ty, are usually shot to Death.

The Punishment of Stealing, is of late instead of Death, chang∣ed into a kind of perpetual Sla∣very, the Guilty party being con∣demned to work all his Life for☞ the King, in making Fortificati∣ons, or other Drudgery, and al∣ways has a Collar of Iron about his Neck, with a Bow coming over his Head, to which is a Bell

fastened, that rings as he goes along.

Duels between Gentlemen, if the one Party be kill'd, are pu∣nish'd with the Survivor's Death, and a Note of Infamy upon the Memory of both; if neither be kill'd, they are both condemned to a Prison, with Bread and Wa∣ter for two years, to which is added a Fine of 1000 Crowns; or one years Imprisonment, and 2000 Crowns. Reparation of Ho∣nour in case of Affront, is referred to the respective National Court, where Recantation and Publick Begging of Pardon is usually in∣flicted.

Estates as well acquired, as in∣herited, descend to the Children in equal Portions, of which a Son has two, and a Daughter one; nor is it in the power of the Pa∣rents to alter this Proportion with∣out

the Intervention of a Judi∣cial Sentence in case of their Children's disobedience, only they may bequeath a Tenth of their acquired Possessions to such Child, or other, as they will fa∣vour. Where an Estate descends incumbred with Debts, the Heir usually takes two or three Months time, as the Law allows, to search into the Condition of the Deceased's Estate, and then ei∣ther accepts the Inheritance, or leaves it to the Law, which in that case Administers; as late∣ly, besides other Instances, was practised upon the decease of the late Rix Drost Count Mag∣nus De la Gardier, the King's Un∣kle.