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A57454 An account of Sueden together with an extract of the history of that kingdom. Robinson, John, 1650-1723. 1694 (1694) Wing R1690; ESTC R12230 47,457 212

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not Power to administer an Oath nor to inflict any Corporal Punishment 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 respective parts of the Countrey a General Court called the College 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 administred The Power of executing all Judicial Sentences is lodged in the Governors of the Provinces the Stadtholders of Stockholm and other places and from them derived 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 Ministers of Justice apt to favour each other they take great liberty to delay Execution or to arbitrate and put their own sense upon Sentences so that this part of Justice is administred the worst of all others and has an Influence not only at home but lessens the Credit of the Suedish Subjects abroad against whom Justice cannot be obtained without great difficulty The ordinary Charges of Law-Suits are no where more moderate than in Sueden the greatest burthen arising from a late Constitution 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 Benefit 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 permitted in Criminal Actions compelled 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 very few in Number and for the most part very poor The Custom of a Jury of Twelve men is so ancient in Sueden that their Writers pretend it had its Original among them and was thence derived to other Nations but at present it is disused every where except only in the Lower Courts in the Country 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 determine 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 Transaction in the proper Court In Criminal Matters where the Fact is not very evident or where the Judges are very favourable 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 Integrity 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 Criminals of the Gentry and Nobility are usually shot to Death The Punishment of Stealing is of late instead of Death changed into a kind of perpetual Slavery the Guilty party being condemned to work all his Life for ☞ the King in making Fortifications or other Drudgery and always 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 punish'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 Water for two years to which is added a Fine of 1000 Crowns or one years Imprisonment and 2000 Crowns Reparation of Honour in case of Affront is referred to the respective National Court where Recantation and Publick Begging of Pardon is usually inflicted Estates as well acquired as inherited 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 Parents to alter this Proportion without the Intervention of a Judicial 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 favour 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 either accepts the Inheritance or leaves it to the Law which in that case Administers as lately besides other Instances was practised upon the decease of the late Rix Drost Count Magnus De la Gardier the King's Unkle CHAP. IV. Of the Natural Inclinations and Dispositions of the Suedes THE Nature of the Climate which affords a very healthful and dry as well as sharp Air disposes the Natives to a vigorous Constitution and that confirm'd by a hardy Education course Fare hard Lodgings c. qualifies them to endure whatever uneasy Circumstances befal them better than those that are born in a more moderate Country and more indulgently bred But on the other side it seems as if the severity of the Clime should in a manner cramp the Faculties of their Bodies and indispose them for any great degree of Dexterity and Nimbleness and the same may be said in a great measure of their Minds too which seldom are found endued with any eminent share of Vivacity or Pregnancy of Wit yet by Industry Experience and Travelling not a few of them arrive at a mature and solid Judgment being led by their Genius to serious things in which they that have Patience to go through with the Studies they apply themselves to become Excellent and merit the Title of great and able Men but this seems not to be the Talent of this Nation they being generally more apt to sit down with superficial Acquisitions than to pursue their Studies to a fundamental degree This Disposition of Body and Mind qualifies them more for a Life of Labour and Fatigue than of Art and Curiosity and the effect of it is visible in all Orders of Men among them The Nobility mostly apply themselves to a Military Life in which they are more famous for Courage and enduring Hardships than for Stratagems and Intrigues They that are employed in the Administration of Civil Affairs tho they are indeed Laborious and Indefatigable in their business yet they seldom raise their Speculations above what the necessity of their Employments require their Abilities proceeding not so much from Study as Experience in the Tract of
he sits once a Week in the Town House and presides also in the College of Execution assisted by an Under Stadtholder and the Bailiff of the Castle next to him are the Four Burghmasters one for Justice another for Trade the Third for the Polity of the City and the Fourth has the Inspection over all Publick and Private Buildings and determines such Cases as arise on that account with them the Counsellors of the City always sit and give their Votes the Majority of which concludes Their Number is uncertain but usually about Twenty most Merchants and Shop-keepers or such as have served the King in some Inferior Employments and besides their Salary they have an Immunity from such Impositions as are laid on the Inhabitants to support the Government of the City which pays all its Officers and Servants and maintains a Guard of 300 men and defrays the Charge of all Publick Buildings and Repairs To support this Expence besides a Duty belonging to the City upon Goods Imported and Exported which is about 4 per Cent. of the Customs paid the King and amounts to about 4000 l. per An. the Magistrates impose a Yearly Tax on the Burghers in which they are assisted by a Common-Council of Forty eight which chuses its own Members and meets every Spring to proportion the Payments for the ensuing Year On the Richer Traders they usually impose 40 50 or 60 l. sterling and upon others of a meaner Condition as Shoe-makers Taylors c. 5 or 6 l. and no Housekeeper less than 15 s. besides Quartering the Guards Inferior Officers and Servants of the Court with other lesser Charges which all together would be thought a great burthen even in Richer Countries neither is it otherwise esteemed by the Inhabitants of this City who can scarce be kept in heart by the Priviledges they enjoy as well in Customs as in the Trade of the Place which must needs pass through their hands the Natives of other parts of the Kingdom as well as Foreigners being obliged to deal only with the Burghers except those of the Gentry that make Iron who have a Privilege to sell it immediately to Strangers This City is in a manner the Staple of Sueden to which most of the Goods of their own Growth viz. Iron Copper Wire Pitch Tarr Masts Deals c. are brought to be Exported The greatest part of the Commodities Imported from abroad come to this Port where there is a Haven capable of receiving 1000 Sail of Ships and has a Bridge or Key near an English Mile long to which the greatest Vessels may lye with their Broadsides The only Inconvenience is That it is Ten Miles from the Sea and the River very crooked and no Tides CHAP. III. Of the Laws of Sueden THE Laws of Sueden were anciently as various as the Provinces were numerous each of which had Statutes and Customs 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 Authority especially while the Kingdom was Elective his Suffrage concluding the Province he governed This variety was necessarily attended with great Confusion for remedy whereof about Four-score Years ago one Body of Laws was compiled for the direction of the whole Kingdom yet this Collection is but an imperfect piece and the Laws so few and concieved in such general terms that in most cases they need the assistance of the Civil Law and after all the Final Determination 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 visible if each Superior Court did not keep a Cheque upon the Lower and the King's Court of Revision 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 Supreme Court his Majesty very frequently 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 District or Territory whereof every Province contains several some above Twenty in the former Cities an Alderman or Counsellor presides and has some of his Brethren for Assistants in the latter the Governor of the Territory with a standing Jury his Court is Ambulatory and usually kept near or upon the place where the Fact or Trespass was committed In these Courts Examinations are taken and matters not exceeding Forty Shillings are determined the rest transmitted to the next Superior 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 President whereof retains the name of Lagh-man without other Authority than that of a Judge from these all Causes of Blood must be transmitted to the respective National Courts where they are determined without further Appeal and thither also all Civil Actions not exceeding 20 l. may be appealed of these National Courts there are Three one for the Kingdom of Sueden held at Stockholm another for the Kingdom of Gothia kept at Iencopingh and a Third for the Dukedom of Finland 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 unless they be retarded by some under-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 directly concern the King's Fleet and in some places that belong immediately to the Admiralty For Causes Ecclesiastical there is a Consistory in each Diocess of which the respective Bishop is President where Causes of Bastardy Contracts of Marriage and other matters of that nature are try'd and Church-Censures of Penance Divorce c. inflicted These Courts have
Determination is altogether in the King's breast His Majesty hath also the Patronage of most Churches some few only being in the Disposal of the Nobility Many of their Churches are adorn'd with variety of Sculptures Painting Gilding c. All of them are kept neat and clean and in good Repair furnish'd as well in Countrey as City with Rich Altar-Clothes Copes and other Vestments For the more regular Government of the Church it has been found necessary to cause the Ancient Ecclesiastical Laws and Canons to be revised by a Committee chosen out of the several Bodies of the Estates who have spent some years in that matter and at last presented the King with a New System of Church-Laws wherein his Majesty having caused such Alterations to be made as he thought fit has lately approved and publish'd them Of these some that concern their Religion in general shall here be taken notice of By these New Canons it is ordain'd That If any Suedish Subject change his Religion he shall be banish'd the Kingdom and lose all Right of Inheritance both for himself and his Descendants If any continue Excommunicated above a Year he shall be Imprisoned a Month with Bread and Water and then banish'd If any bring into the Countrey Teachers of another Religion he shall be Fin'd and Banish'd Foreign Ministers shall enjoy the Free Exercise of their Religion only for themselves and Families Strangers of a different Religion shall have no Publick Exercise of it and their Children shall be baptized by Lutheran Ministers and educated in that Religion otherwise they shall not have the Privileges of Suedish Subjects These Laws as they oblige the Clergy to a more constant Attendance on all the parts of their Duty than has formerly been practised so they require the Laity to frequent the Church on all occasions and the Civil Magistrates especially on Days of great Solemnity make very strict search and punish such as are found absent from Church without a just Excuse with Imprisonment and other Severities But the Clergy are not intrusted with the sole Administration of these Laws nor impower'd by them to transact matters of any great moment without the concurrence of the Civil Power for besides that many Causes formerly Triable in Ecclesiastical Courts are now transferr'd to the Secular Magistrates the King reserves to his own cognizance several cases of that kind especially the Point of Excommunication which the Clergy are not permitted to pronounce against any one till the King hath been acquainted with the Case and gives leave which Caution is used because of the consequence which is the Loss of a Subject CHAP. VI. Of the Vniversities of Sueden LEARNING whatever their Modern Writers pretend can plead no great Antiquity in this Countrey the Institution of an University at Upsall being not above Three hundred years ago and few Monuments extant of a more Ancient Date but only Funeral Inscriptions rudely cut upon Rocks and unhew'n Stones which are every where found but as they have no Date so they seldom express more than the Names of Persons of whom no other Memory remains that which makes them most remarkable is That they are writ in the Ancient Gothic Language and the Runick Character The most Curious Piece of Learning among them is a Translation of the Evangelists into the Gothic Tongue done about Twelve or Thirteen hundred Years ago by Ulphila a Bishop of the Goths in Thracia of which they have the sole Ancient Manuscript Copy that is known to be in the world Since the Reformation Gustavus Adolphus was the first great Patron Learning had in this Countrey by whom the Universities that had been much impair'd were endow'd with tolerable Salaries for Professors in most Sciences These his Daughter Queen Christina somewhat augmented and by the Fame of her own Learning and the favourable Reception she gave to Scholars drew several Learned men from abroad that have left good Proofs of their Abilities and raised an Emulation in the Natives whose best Performance is in the History Antiquities and Ancient Laws of the Countrey The University of Upsall consists of a Chancellor who is always a great Minister of State a Vice-Chancellor always the Archbishop a Rector chosen out of the Professors of whom there are about Twenty that have each 150 l. a Year Salary The ordinary Number of Students is above Seven or Eight hundred Fifty of which are maintain'd by the King and some few others were formerly by Persons of Quality the rest that cannot subsist of themselves spend the Vacation in gathering the Charity of the Diocess they belong to which is commonly given them in Corn Butter dry'd Fish or Flesh c. upon which they subsist at the University the rest of the Year They live not Collegiately but in Private Houses nor wear Gowns nor observe other Discipline than what their own Necessity or Disposition leads them to The other University of Abo in Finland is constituted in the same manner but less numerous in Professors and Students There was a Third at Lunden in Schonen which having been interrupted by the late Wars is thought fit to be discontinued because its Neighbourhood to Denmark nourish'd in the Students an Affection for that Crown to which that Province formerly appertain'd yet it is again restor'd In each Diocess there is one Free School where Boys are fitted for the University and other trivial Schools to which Children are sent to learn to Read Write and Sing their Prayers a Custom so universal that very few of them want this degree of Education and further than that such as are not design'd for Studies do very seldom go nor waste their time in other needless Improvements Publick Provisions for the Poor are very few there 's not above Five or Six Hospitals in the Kingdom and a little Alms-house in each Parish maintain'd by the Charity of the Inhabitants to which for the most part they are very well disposed according to their Abilities CHAP. VII Of their Marriages and Funerals MArriages in Sueden are totally govern'd by the Will of the Parents and founded so much upon Interest that the Inclination of the Parties is little regarded nor the Nation much troubled with the Extravagancies of Lovers Stealing of Matches is scarce heard of in an Age nor can the Church give License to Marry without Publication of the Banns Persons of Quality of both Sexes commonly remain unmarried till Thirty or above because their Fortunes on both sides being in their Parents hands while they live they are not in a condition to maintain a Family till the Death of Relations or Advancement to Office furnish them with the Means of subsisting The Women while young have generally Fair Complexions tolerable Features and good Shapes and some of them are accounted more eminent for Chastity before Marriage than Fidelity after they are very fruitful and seldom fail of a Numerous Issue They are no where made greater Drudges than here the meaner sort being besides the