• 1 The database on students at the Academy of Turku is unique, as it offers biographical information o (...)
• 2 For details, see ibidem, p. 73-74, 123; M. Vasara-Aaltonen, “From Well-travelled ‘Jacks-of-all-trad (...)

3In evaluating the studies abroad of future lawyers in the seventeenth century, I have relied on a database containing the matriculation records and biographical information on students at the Academy of Turku, the second university to be founded in Sweden proper1. This material has enabled me to identify those students who later worked as lawyers and examine their career paths in life. Indeed, as many universities in the seventeenth century did not list students according to faculty, one cannot easily determine a group of Swedish law students based on the university records alone. Instead, one has to find those students who later worked as lawyers, and then begin to research their studies abroad. In addition to the Academy of Turku’s biographical database, I have used, for example, the biographies of appeal court judges to assess their studies abroad. All in all, this has provided me with information on more than eighty Swedish lawyers who had studied abroad during the course of the seventeenth century2.

• 3 N. Kent, A Concise History of Sweden, Cambridge, Cambridge University Press, 2008, p. 44, 49-51, 56
• 4 See, e.g., M. Korpiola, “Legal diversity – or the relative lack of it – in early modern Sweden”, La (...)
• 5 S. Lindroth, Svensk lärdomshistoria – medeltiden, reformationstiden, Stockholm, P.A. Norstedt & Sön (...)
• 6 M. Korpiola, “Desperately Needing Lawyers. Contacts in the Baltic Sea Region and the Rise of Diplom (...)

5In the sixteenth century, King Gustav Vasa (r. 1523-1560) consolidated his family’s power as the Swedish monarchy became a hereditary monarchy in 1544. Gustav Vasa began building the administration as well as establishing diplomatic relations with European rulers, and for these purposes he needed to find educated lawyers and officials3. However, a comprehensive legal system did not yet exist in sixteenth-century Sweden. Swedish legal culture was traditionally simple, and by and large law was administered by laypersons. The legal pluralism associated with many regions of Continental Europe did not exist in Sweden. Medieval Swedish legislation could be understood even by laypeople, legal literature was virtually non-existent, and reception of the ius commune was quite narrow4. The first Swedish university was founded in Uppsala in 1477, but it had to cease its activities in the first half of the sixteenth century due to the unrest caused by the Reformation. Moreover, despite comprising three faculties, it mainly focused on teaching theology5. Virtually the only people with a legal education in Sweden at the time were clerics who had studied law abroad. However, after the Reformation such clerics seemed unreliable in the eyes of the Crown. Thus, as the pool of lawyers in sixteenth-century Sweden was extremely scarce, Gustav Vasa turned to foreign legal experts, such as the German lawyer Conrad von Pyhy (d. 1553), to aid him. Additionally, he financed the studies abroad of some Swedish students who he then employed in his administration6.

• 7 M. Korpiola, “General Background: From Judicial Crisis to Judicial Revolution through the Svea Cour (...)
• 8 M. Korpiola, “A Safe Haven in the Shadow of War? The Founding and the Raison d’être of the New Cour (...)

6However, the need for trained lawyers grew immensely in the seventeenth century. During Gustav II Adolf’s reign (1611-1632), significant steps were taken to expand the judiciary and administration, and this development continued during the ensuing regency government (1632-1644) and reign of Christina (1644-1654). Efforts had been made to reorganise the Swedish judiciary and establish a high court already in the sixteenth century, but the attempts had proven unsuccessful7. The situation changed, though, in the following century. When Gustav II Adolf ascended the throne in 1611, he was in a precarious situation: facing war on three fronts while fearing for the return of his cousin Sigismund, King of Poland, from whom Gustav’s father had usurped the Swedish throne in 1598. These considerations played a role in the need to establish a high court. Poorly functioning administration at the local level resulted in the loss of tax income for the Crown, and it also made people continuously complain to the king. Moreover, discontented people always pose a threat because of the chance of uprisings. A high court above the local judiciary was seen as the best way to tackle these political and economic problems. It would alleviate the burden of the King in addressing the legal grievances of the people. Thus, the Svea Court of Appeal (hovrätt) was founded in Stockholm in 16148.

• 9 Finland was a part of the Swedish realm until 1809.
• 10 Present-day Tartu in Estonia.
• 11 M. Vasara-Aaltonen, “From Well-travelled ‘Jacks-of-all-trades’ to Domestic Lawyers”, op. cit., p. 3 (...)

7The Svea Court of Appeal decided cases but also took care of many administrative issues regarding the judiciary and, for example, guided local courts through circulars. With time, the court proved to be successful in administering the law, and new courts of appeal were set up in Turku (Sw. Åbo), in Finland9 (1623), Dorpat10, in the newly conquered territory of Livonia (1630), and in Jönköping (1634). The establishment of four high courts within twenty years resulted in staffing problems. While the local courts could make do with laypersons, the courts of appeal needed trained judges. However, Sweden still lacked lawyers who could take on such positions. Indeed, when the Svea Court of Appeal was first founded, it had real difficulties finding capable judges11. The need for skilled officials only grew in the coming years as new administrative boards were set up in 1634.

• 12 M. Vasara-Aaltonen, “From Well-trained ‘Jacks-of-all-trades’ to Domestic Lawyers”, op. cit., p. 303 (...)

8Following continental models, especially that of the German Imperial Chamber Court (Reichskammergericht), the Swedish courts of appeal consisted of noble judges and so-called learned judges. However, not even the learned judges were required to have studied law. They were expected to be “honest, learned and experienced with the law”, but having studied law at university, let alone possessing a law degree, was not required. This would not have been feasible because there simply were not enough trained lawyers in Sweden. Indeed, it was not until 1749 that taking a law exam was officially required of those working in the Swedish state judiciary. The language of the courts was Swedish, but naturally all judges who had studied at university would also have possessed a knowledge of Latin. While the Swedish courts of appeal were modelled on foreign examples, their practices were adapted to fit Swedish circumstances12.

• 13 S. Lindroth, Svensk lärdomshistoria – stormaktstiden, Stockholm, P.A. Norstedts & Söners Förlag, 19 (...)
• 14 M. Vasara-Aaltonen, Learning Law, op. cit., p. 253-254.

9However, with demand growing for capable officials to staff administration and judiciary posts, something needed to be done. The University of Uppsala had resumed its activities at the beginning of the seventeenth century, and the first law professor, Johannes Messenius (1579-1636), began working there in 1609. However, the focus of the university was still firmly on teaching theology, and it could not respond to the sudden and grave need for training lawyers and officials. Even when the university began teaching law, it could not yet prepare the students adequately for an administrative or judicial career13. Educational reforms were initiated in the 1620s, and new universities were founded in Dorpat in 1632 and Turku in 1640, but these new universities could not immediately solve the problem either14.

• 15 See, e.g., L. Niléhn, Peregrinatio Academica, op. cit.; P. Eliasson, “Peregrinatio Academica: the S (...)
• 16 S. Giese, Studenten aus Mitternacht. Bildungsideal und peregrinatio academica des schwedischen Adel (...)

10In the absence of adequate training at domestic universities, it was clear that Swedish students still needed to travel abroad to obtain the training needed for the developing administration and judiciary. Many would start their studies at Swedish universities and then complement them by visiting foreign universities. Studying abroad could provide them with insights and contacts that they could not obtain by just attending domestic universities. As mentioned above, already since Gustav Vasa’s time some Swedish students aspiring for an administrative career had travelled abroad to study. For young noblemen, this was even seen as a valued part of their noble upbringing. However, in the first half of the seventeenth century Swedish students began travelling abroad to study in unprecedented numbers15. These study journeys were financed by the state through scholarships and by individual aristocrats, most notably Chancellor of the Realm Axel Oxenstierna (1583-1654). As a patron, Oxenstierna – who himself had studied at German universities in his youth – financed the studies of many of his young clients16.

• 17 Ibid., p. 77-78, 82, 107. The Swedish ars apodemica literature was inspired by the numerous works i (...)
• 18 H. de Ridder-Symoens, “Mobility”, A History of The University in Europe, vol. II, Universities in E (...)

11The most important and most obvious reason for financing studies abroad was naturally that the state needed educated officials. This point was repeatedly and expressly stated in contemporary discussions. Foreign study would benefit the state (Sw. statsnyttan) if and when the students gained “political wisdom” (Sw. statsklokhet) through their studies. Upon returning to Sweden to work as officials, they could then use this political wisdom for the good of the state and society. This perspective gave legitimacy to educational travels, and similar ideas were repeated in various instruction manuals and literature on studying abroad (ars apodemica)17. The benefits of study journeys were seen elsewhere in Europe, too. For example, many German imperial cities required proof of foreign study from men applying for positions that called for juridical or medical knowledge18.

• 19 S. Giese, Studenten, op. cit., p. 129, 141; J. Nuorteva, Suomalaisten ulkomainen opinkäynti ennen T (...)

12Another perspective on why studies abroad became so popular is linked to the power structure of society, specifically to the position of the nobility. Here, too, Sweden was part of a common European tradition of travel by the nobility. During the fifteenth century, the idea of curiositas, curiosity about the ways of the world, was turned into a virtue and it began to define the travels of noblemen. They would travel across Europe, visit foreign courts and gain knowledge and experience of the world. By the sixteenth century, young noblemen began to crowd the universities. Besides the humanistic educational ideal of erudition, more practical reasons also played a part. Many states were building their administrative apparatuses in the sixteenth century and needed trained officials. In this situation, education was the way for the nobility to compete with learned officials for various positions within state administrations19.

• 20 B. Eriksson, Statstjänare och jordägare. Adelsideologi i Per Brahe den äldres Oeconomia, Stockholm, (...)

13In the sixteenth century, the ideal of an educated nobleman reached Sweden as well. This ideal was then tied to more practical and utility-oriented goals. If a nobleman wanted to secure his position in society, he needed to respond to the needs of the state and society. Acquiring knowledge and skills was the way to achieve this goal. Already in the sixteenth century, the Swedish nobility had been fighting to gain more power in relation to the Crown. One aspect of this struggle involved the nobility educating its sons to be able to serve the state. Studies abroad became a natural and suitable part of a young nobleman’s upbringing, and at the same time they enhanced his career prospects. Indeed, noble families educating their sons was even seen as a prerequisite for granting the nobility broader privileges regarding the rights of the noblemen to hold certain official positions. Thus, in the late sixteenth century the number of Swedish noblemen studying at foreign universities and noble academies began to grow20.

• 21 M. Hakanen, “Career Opportunities. Patron-Client Relations Used in Advancing Academic Careers”, Hop (...)

14During Gustav II Adolf’s reign, and after his death in 1632, Chancellor Oxenstierna held immense power, and the high nobility was at the height of its power. As they were trying to solve the dire need for capable officials and lawyers, it was quite natural for them to turn to studying abroad on an even larger scale. Noble families increasingly sent their sons on study journeys. Young commoners, in turn, could receive scholarships from the university, but they could also be financed privately by wealthy patrons. For Chancellor Oxenstierna, it was about securing capable men to run the administration and judiciary of the Swedish state. But he – like other patrons, too – could gain from the foreign studies of young nobles also on a more personal level. In return for his investment, he obtained the loyalty of educated men, who he could place in key positions upon their return to Sweden21.

• 22 H. de Ridder-Symoens, “Mobility”, A History of The University in Europe, vol. I, Universities in th (...)

15As mentioned earlier, some Swedish persons had studied abroad already long before the seventeenth century. Indeed, Swedish study journeys are connected to a long tradition of so-called academic pilgrimage, the peregrinatio academica. Ever since the first European universities began functioning in the twelfth and thirteenth centuries, students from near and far travelled to them. Teaching was universal in the sense that Latin was the common language of universities, courses at different universities had similar contents and degrees were acknowledged across Europe. Thus, those hoping for a high-level education could travel anywhere to study. Moreover, no universities existed in the German lands, Scotland, Scandinavia or Eastern Europe before the mid-fourteenth century. This meant that young men from these regions had to travel elsewhere if they wanted to receive a university education22.

• 23 J. Nuorteva, Suomalaisten, op. cit., p. 66-70; S. Bagge, “Nordic Students at Foreign Universities u (...)
• 24 M. Korpiola, “On the Influence of Roman Law in Medieval Sweden: Books and University Studies”, Libe (...)

16This applied to Swedes as well. In the Middle Ages, before universities had been established in Scandinavia, there was no other option than to travel to Continental Europe to study. Swedish clerics travelled to Paris, for example, already in the first half of the thirteenth century23. There is also plenty of evidence of Swedes studying law while abroad: for example, Prague’s medieval law university hosted many Swedish students in the late fourteenth century. However, these persons were mainly high-ranking clerics, who then returned to Sweden to work for the Church24. Thus, the medieval law studies of Swedes did not lead to the emergence of a legal profession in Sweden. The choice to study abroad in the seventeenth century represented more a direct continuation of the situation existing in the sixteenth century, when both the King and the nobility began financing study journeys for the purpose of training men to work for the state.

• 25 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit.
• 26 M. Vasara-Aaltonen, Learning Law, op. cit., p. 21, 290-291; J. Nuorteva, Suomalaisten, op. cit., p. (...)
• 27 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit.; M. Vasara-Aaltonen, Learning Law, op. cit., p. 93, 20 (...)

17The studies abroad of future lawyers peaked in the 1630s and 1640s, but they still continued to be popular after mid-century. However, towards the end of the century studies abroad declined, and during the eighteenth century it was quite rare for future lawyers to study at foreign universities. The material that I have used shows that during the seventeenth century, the most popular destinations for Swedish students who later became lawyers were the Dutch university of Leiden and the German universities of Jena, Rostock and Strassburg. Leiden was especially popular with Swedish students in the 1630s and 1640s, while they primarily frequented the German universities in the second half of the seventeenth century25. My material does not reveal evidence of students enrolling at French universities, and other sources also suggest that Swedish students only occasionally studied in France in the seventeenth century26. The students in my material did sometimes follow up on their university studies in Leiden with a journey through, for instance, France and Italy, but such trips did not involve study at a university27.

• 28 Å. Andrén, Sveriges kyrkohistoria 3. Reformationstid, Stockholm, Verbum, 1999, p. 212-222, 226-227.
• 29 O. Garstein, Rome and the Counter-Reformation in Scandinavia I, 1539–1583, Oslo, Universitetsforlag (...)
• 30 I. Montgomery, Sveriges kyrkohistoria 4. Enhetskyrkans tid, Stockholm, Verbum, 2002, p. 70-71; M. L (...)
• 31 H. de Ridder-Symoens, “Mobility”, vol. II, op. cit., p. 419-420, 425-426, 429; J. Nuorteva, Suomala (...)

18Dutch and German universities appealed to Swedish students for several reasons. First, one must address the question of religion. Obviously, all the universities mentioned above were Protestant. Sweden had converted to Protestantism as a consequence of the Reformation, a fact officially confirmed at the Uppsala synod in 159328. However, this action did not preclude a very real fear in Sweden in the late sixteenth and early seventeenth centuries of the so-called Missio Suetica, efforts by the Catholic Church to re-Catholicise Sweden. Moreover, King Gustav II Adolf was also worried about the matter on a personal level, fearing the return of his dethroned Catholic cousin Sigismund29. Therefore, study journeys were restricted on the grounds of religious concerns. The Örebro Ordinance (Örebro stadga) of 1617, for example, forbade studies at Catholic universities – except for noblemen, whose privileges made them exempt from any such restrictions. In the following years and decades, the attitudes in Sweden towards studying abroad varied30. Religious control of student travels was, of course, not only a Swedish phenomenon. Many European rulers restricted study travels and prohibited students from studying in regions with the “wrong” type of confession. Moreover, some universities required that the students swear religious oaths31.

• 32 S. Giese, Studenten, op. cit., p. 459-460; S. Göransson, De svenska studieresorna, op. cit., p. 33, (...)
• 33 L. Niléhn, Peregrinatio, op. cit.
• 34 W. Otterspeer, “The Mediating Role of the University: Leiden University, Its Structure and Function (...)

19The Swedish students mainly attended Lutheran universities in Germany, which did not pose a problem. However, the Leiden University in the Netherlands was extremely popular in the 1630s, which caused some unease in Sweden because it was a Calvinist university. The Swedish clergy feared that the two Protestant confessions would come too close to one another. Chancellor Oxenstierna voiced his concerns in a letter from 1634, and he also donated money to the Lutheran Church in Leiden so that Swedish students would have a safe haven while there32. These concerns did not deter the Swedish state, or Oxenstierna personally, from encouraging students to study in Leiden, though. Indeed, Leiden became the centre of Swedish study journeys in the 1630s and 1640s33. Especially during the Thirty Years’ War (1618-1648), as many of the German universities were either suffering hardship or closed altogether, Leiden attracted a huge number of foreign students – Swedes among them34.

• 35 G. Wetterberg, “Calming the waves of the Baltic Sea. The Netherlands as the midwife of Sweden durin (...)

20However, it was not just because of the war that Leiden became popular with Swedish students. Another reason had to do with the contacts Sweden had with the Netherlands. Due to economic and political reasons, Sweden had signed a defence treaty with the Netherlands in 1614, and the two countries also enjoyed extensive trade relations. Moreover, Dutch merchants had already long settled in Swedish towns. The most notable example of Dutch influence could be seen in the town of Gothenburg. Sweden also hired Dutch diplomats, most notably Hugo Grotius (1583-1645), who served the Swedish Crown as ambassador in Paris from 1634 to 1644. During the seventeenth century, Dutch influence was also evident in the field of culture and arts. Queen Christina invited Dutch artists and scholars to visit her court35. The active relationship with the Netherlands also made study journeys to Dutch universities more appealing. Among Dutch universities, Leiden was by far the most important for Swedish students.

• 36 J. Nuorteva, Suomalaisten, op. cit., p. 391; S. Giese, Studenten, op. cit., p. 471.
• 37 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit.; M. Vasara-Aaltonen, Learning Law, op. cit., p. 104-11 (...)
• 38 Their travels through Italy have even been characterised as “exotic cultural travel”. See J. Nuorte (...)
• 39 S. Petrén, “Våra första advokater”, Svensk juristtidning, 1947, p. 11.

21A third reason for the popularity of Leiden had to do with the social background of the students. My material shows that more than half of the students travelling to Leiden were noblemen, and the majority of them were sons of old aristocratic families. This far exceeded the share of Swedish noblemen at most of the German universities. One reason why Leiden appealed to the nobility was that it taught a variety of subjects that were seen as appropriate for a noble upbringing. This included chivalric exercises, such as fencing, dancing and riding, military science, as well as subjects like history, languages and political science – all of which were suitable for a young nobleman hoping to pursue a career with the state36. Of course, law was also one of the subjects on offer, but for most noblemen it was not their first choice. While noblemen comprised the majority of Swedish students at Leiden, my material likewise shows that only 30% of Swedish students studying law belonged to the nobility. This means that even though these noblemen later worked as lawyers, often as courts of appeal judges, they had not necessarily devoted themselves to legal studies. In contrast, the majority (approximately 70%) of non-noble students who studied at Leiden and later became lawyers had studied law there. Indeed, it seems that for commoners, law studies at Leiden proved a good steppingstone to an administrative or judicial career. One can conclude that of all the students in my material who attended Leiden University, all of whom later worked as lawyers, less than 40% had actually studied law at Leiden. Next to law, political science was also a common study choice for Swedish students, and one that the noblemen often favoured37. This choice ties in with the idea of gaining “political wisdom” to benefit the state, which was discussed earlier. The noblemen studying at Leiden often continued their journey by travelling through France and Italy, visiting courts, seeing the sights and absorbing the local culture38. Indeed, gaining experience of the world was often seen as more important than the specific contents of the studies39.

• 40 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit.; M. Vasara-Aaltonen, Learning Law, op. cit., p. 123.
• 41 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit.; M. Vasara-Aaltonen, Learning Law, op. cit., p. 129-13 (...)

22Next to Leiden, several German universities were also frequented by Swedish students who would later work as lawyers. While Leiden stands out among the Dutch universities, Swedish students were much more evenly distributed between the different German universities. The three most popular ones during the seventeenth century were Rostock, Jena and Strassburg. Next to them, several other German universities also attracted Swedish students, though in smaller numbers40. When looking at the social backgrounds of these students, some differences are evident compared to those who studied at Leiden University. In Rostock, only one out of ten students had a noble background. In Jena, the share of noblemen was a quarter. The rest mainly came from a burgher background or had fathers who were clergymen. The Swedish students in Strassburg resembled those in Leiden the most, as around half of them were of the nobility41.

• 42 Ibid., p. 123.
• 43 W. Mägdefrau, “Wissenschaftlicher Höhepunkt im Zeichen der Frühaufklärung in der zweiten Hälfte des (...)
• 44 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit. The students visiting both Leiden and Strassburg were (...)

23When trying to explain these differences, it is important to first look at the years when Swedish students visited these universities. Rostock and Jena only regained their popularity among Swedish students after the Thirty Years’ War42. Jena, for example, experienced what could be called a scientific boom in the second half of the seventeenth century, which must have made it more appealing even to foreign students43. While the majority of Swedish students enrolled at the Strassburg law faculty in the 1650s and 1660s, there were still some who went there already between the 1620s and 1640s – at a time when the high nobility was especially eager to send its sons to study abroad. This is probably why the Swedish student population in Strassburg is reminiscent of the situation in Leiden. Indeed, a few of the Swedish students at Leiden also visited the University of Strassburg while they were on their study journey44.

• 45 Catalogues of seventeenth-century dissertations show that many Swedes defended legal dissertations (...)
• 46 Ibid., p. 545, 547-548.

24Unfortunately, many of the German universities did not indicate in their records the faculty in which the students had enrolled. This is, for example, the case at Rostock and Jena. Since it was not necessary to have a university degree to hold office in the Swedish administration or judiciary in the seventeenth century, it is also not of much help to try and locate records of officials graduating from foreign universities. Fortunately, several examples give reason to believe that many of the men probably studied law while visiting the German universities45. One example is Jakob Snack (nob. Sneckenberg, 1625-1697), who enrolled at the University of Rostock in 1649 and subsequently defended a dissertation on the law of pledges entitled Disputatio iuridica de pignoribus et hypothecis. Since the author of the work also discussed Swedish law at length, it is fair to assume that Snack actually wrote it himself and devoted some real effort to his law studies at Rostock. One Swedish student studying at Jena, Mikael Wisius, defended three dissertations during his stay there, and he even obtained a doctorate in law46.

• 47 Die alten Matrikeln der Universität Straßburg 1621–1793, vols. 1–3, ed. G. C. Knod, Strassburg, Ver (...)

25Fortunately, the Strassburg matriculation records list the faculty in which the students had enrolled. This is how we know that more than half of Swedish students mentioned in my material had enrolled in the law faculty47. The rest of them were noblemen, which means that they did not necessarily enrol in a faculty but were just noted as noblemen in the records. Based on the Leiden and Strassburg records, it is clear that many of the non-noble students who later became lawyers enrolled in the law faculties, making it possible to presume that most Swedish students at other German universities did so as well – even if the university records do not provide us with solid evidence of this fact. Moreover, the nature of study journeys changed during the second half of the century, with fewer students from the high nobility travelling to foreign universities. Their journeys had typically included stops at several foreign universities as well as lengthy travels throughout Europe, which was seen as part of their upbringing. Students from a non-noble background usually did not travel quite as extensively in the latter part of the century.

• 48 M. Vasara-Aaltonen, Learning Law, op. cit., p. 74.

26To conclude, one can state that lengthy study journeys peaked during the 1630s and 1640s. This was a time when the need for educated officials to assume posts in the Swedish administration and judiciary grew intensely. Moreover, it was a time when the high nobility had a strong position in the Swedish state, during the minority of Queen Christina. Members of the high nobility had already since the sixteenth century been accustomed to sending their sons abroad to study. With the need for more capable officials, it became even more common for noblemen to study abroad. Furthermore, the state and individual noblemen encouraged and financed studies abroad. When the Thirty Years’ War made it difficult to travel through the German territories, it became natural for students – not just Swedes – to travel to Dutch universities. This was also facilitated by close economic, political and cultural connection with the Netherlands. Leiden was also a suitable seat of learning for noblemen. Even though some German universities were not so strongly affected by the war, it was still hazardous to travel across war-ridden lands, so in general the numbers of Swedish students at German universities did not rise significantly until the second half of the seventeenth century. Indeed, it was not uncommon for future Swedish lawyers to study at foreign universities throughout most of the seventeenth century, until the 1680s48. However, at that time the demographic of Swedish students abroad had already changed somewhat and the share of noblemen was no longer as large as before. That is one reason why we find fewer noblemen studying at German universities compared to Leiden. Strassburg is somewhat of an exception here. German universities held appeal because they were fairly easy to reach from Sweden – this was especially true of Rostock, located on the shores of the Baltic Sea – and many could offer a high level of education. Moreover, all of the universities discussed here were Protestant, which was essential for those hoping to work for the Swedish state.

• 49 W. Otterspeer, “The Mediating Role”, op. cit., p. 178, 193 endnote 78.
• 50 D. Prögler, English Students at Leiden University, 1575-1650. ‘Advancing your abilities in learning (...)
• 51 R. Feenstra and C. J. D. Waal, Seventeenth-century Leyden law professors and their influence on the (...)
• 52 D. Prögler, English Students, op. cit., plate 9. The majority of Scandinavian students at the law f (...)
• 53 D. Prögler, English students, op. cit., p. 207.
• 54 Ibid., p. 203-210.

27Finally, I will use the example of Leiden to briefly compare Swedish students with other foreign students. Students across Europe flocked to Leiden – especially during the Thirty Years’ War, but also later49. Between 1575 and 1650, roughly half of the students in the Leiden law faculty were foreigners50. Not surprisingly, the majority were German students unable to study at home because of the war. Among the other foreign students, especially students from Scotland in addition to Sweden were eager to study law in Leiden – though most of the Scottish students, as opposed to the Swedish students, only came later in the century51. Indeed, it is interesting to compare Swedish students at Leiden to those coming from the British Isles – both English and Scottish students. Between 1575 and 1650, the share of English and Scandinavian students at Leiden was roughly the same – though Scandinavians were somewhat more eager to choose the law faculty (13% v. 8%)52. Students from England only rarely enrolled in the Leiden law faculty throughout the period 1580-1650, but more frequently in the 1640s during the English Civil War53. At least 40%, possibly even more, of English students in the Leiden law faculty belonged to the nobility or the higher echelons of society. Civil law studies were not very useful for a legal career in England, and the majority of English law students at Leiden seem to have been there as part of their noble education. This is highlighted by the fact that only very few English students actually graduated from the Leiden law faculty54.

• 55 J. W. Cairns, “Importing our Lawyers from Holland: Netherlands’ influences on Scots law and lawyers (...)
• 56 See, e.g. J. K. Cameron, “Some Scottish Students and Teachers at the University of Leiden in the La (...)
• 57 P. Nève, “Disputations of Scots Students Attending Universities in the Northern Netherlands”, Legal (...)

28Scottish students, too, had begun to arrive at Leiden University soon after its founding, but the number of Scottish law students increased drastically after 1650, peaking in the last quarter of the century when well over 200 students from Scotland enrolled in the law faculty. The zeal of Scottish law students can be explained by the development of the Scottish Faculty of Advocates. As the Faculty’s social structure changed during the Restoration period, from 1660 onwards, the importance of its upper-class members grew and they became increasingly concerned with their status. Wanting to emphasise that the law they practiced was informed by academic liberal science and was not just a craft, they began promoting rigorous examinations that required knowledge of Roman law rather than Scottish law. However, before 1699 civil law was taught only occasionally in Scotland, so students needed to travel abroad for such training55. The growing number of Scottish law students at Leiden must be regarded against this backdrop. Since Scottish-Dutch relations were – and had been – close in many fields, such as commerce and military, studying at one of the Dutch universities was also a natural choice56. However, obtaining a degree abroad was not required for those returning to Scotland, as they would be subject to entrance exams at the Faculty of Advocates. Indeed, less than one per cent of Scottish law students obtained a doctorate in law in the Netherlands57.

• 58 W. Otterspeer, “The Mediating Role”, op. cit., p. 178-179, 193-194 endnote 81.

29It is interesting to compare Swedish students at Leiden with those coming from England and Scotland, as they all travelled there from outside Continental Europe. While there are common features between the countries, such as active connections with the Netherlands and the overall appeal of Leiden University, students also chose to study at Dutch universities for reasons specific to each country. Sweden needed trained officials for the administration and judiciary; Scottish students were preparing for the Faculty of Advocates. A common link between all the students, though, was that they seldom pursued law degrees at Leiden because none needed them at home. Indeed, taking a degree was not that common at Leiden in the seventeenth century: in the first half of the century, only between 8 and 14% of law students obtained a law degree, while 25–30% of students did so in the second half of the century. Only in the eighteenth century did degrees become more common. Among those obtaining a degree, Dutch students were over-represented58. To sum up, Leiden University appealed not only to Dutch students but also to students from many other regions for various reasons. By combining academic subjects and chivalric exercises, the university was able to cater to different needs.

• 59 M. Vasara-Aaltonen, Learning Law, op. cit., p. 265-270.

30The state’s interests in sending men to study abroad were discussed above. A growing administration and judiciary needed capable men to make informed decisions. Thus, studying abroad was essentially part of the seventeenth-century state-building process in Sweden. However, on the other hand it is possible to see the personal ambitions of the students playing a part in their decision to study abroad. Such ambitions are evident in the letters many of them sent to their patrons while on their journeys. A recurring theme in the letters – besides asking for more financial support – is that the students tried to display their level of learnedness to the patron, thus showing that their financial support had been put to good use. Moreover, the students expressed their will to return to Sweden to “serve the fatherland”, meaning that they hoped to find a position in the growing administration or judiciary59.

• 60 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit.; M. Vasara-Aaltonen, Learning Law, op. cit., p. 105-11 (...)
• 61 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit., Gabriel Pontinus.
• 62 Ibid.; M. Vasara-Aaltonen, Learning Law, op. cit., p. 105-117.

32When looking at the careers of those who had studied at Leiden University, we see that more than half of them held a position at one of the Swedish courts of appeal at some point during their careers. Both noblemen and commoners ended up working at courts of appeal. However, it is evident that the noblemen quite often also held various administrative positions; at the courts of appeal, some of them were directly appointed vice president or president of the court. Commoners also had versatile careers and a few of them also held positions in town judiciaries60. For example, Gabriel Pontinus (1663–1724), who had studied law both in Leiden and Strassburg, first trained at a court of appeal and then held various positions in the Stockholm administration and judiciary61. Several students also ended up working at military courts. Moreover, in some cases certain noblemen did not end up working directly in the judiciary but, for example, held positions on administrative boards (Sw. kollegier), which were government bodies established in 1634 and which also involved some judicial duties62.

• 63 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit., Johan Munkthelius.
• 64 J. Sallila, Insolvency, commercial utility and principles of justice: The making of bankruptcy law (...)

33Moreover, it is also important to remember that law studies, while desirable, were not an absolute requirement for finding work in the Swedish judiciary in the seventeenth century. As the examples above show, not all of the students had studied law. This is particularly true for the noblemen, whose studies often did not focus specifically on law. Many of them had studied political science, for example. However, commoners also at times studied a subject other than law but still ended up working with the law. There are individual examples of future lawyers studying literature, oriental languages, mathematics and medicine at Leiden University. Johan Munkthelius (nob. Lagercrona, 1618–1674) serves as an example. He obtained a doctorate in medicine from the University of Leiden in 1649, and then returned to Sweden to work as a royal physician. He apparently did his job well, as in 1653 he was ennobled, and a year later he was appointed as judge of the noble class at the Svea Court of Appeal. Munkthelius held this position for twenty years63. While his forensic knowledge may have been useful in deciding criminal cases, Munkthelius’s appointment was probably motivated more by his close personal connection to the Crown as royal physician. However, during his time as judge he was able to give broad analyses on legal questions and cite the work of Dutch and French jurists on Lübeck law and French law64. Thus, it is possible that Munkthelius may have at some point taken a few law courses, even though there is no record of him having studied law.

• 65 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit., Petter Lundelius.
• 66 S. Petrén, “Våra första advokater”, op. cit., p. 9-10, 19; P. Letto-Vanamo, Suomalaisen asianajolai (...)

34Turning to the German universities, the career paths of the students are similar to those who had studied in Leiden, while perhaps a bit more versatile. This is probably due to the fact that there were fewer noblemen among the students than at Leiden University. The careers of noblemen tended to resemble one another more closely. Still, many found positions at courts of appeal – with the exception of those studying in Rostock – and some also at town courts or in the state administration. It is also worth noting that careers in advocacy were extremely rare. Only one person in my material, Petter Lundelius (d. 1711), who had studied in Rostock and Greifswald in the early 1680s, later worked as an advocate in Malmö, Sweden65. Those who had studied abroad could usually find more prestigious positions within the administration and judiciary. Furthermore, the reason that so few people pursued such a career had to do with the fact that advocacy in general was rare in seventeenth-century Sweden. It was a time when the first steps towards professional advocacy were being taken, but those engaging in such work on a full-time basis were still few and far between66.

• 67 M. Vasara-Aaltonen, Learning Law, op. cit., p. 366-367.

35One distinguishing feature in the careers of those who had studied in Leiden as opposed to those who had studied at German universities is that the Leiden students often later worked at very high positions in the state administration. This is connected to the higher share of students from the Swedish nobility at Leiden University. Some of them were immediately given high offices, such as president of a court of appeal or councillor of the realm. In contrast, most Swedish students went to the German universities in the second half of the seventeenth century, which was a time when the peak period of those from the high nobility making study journeys had already passed. This fact is also reflected in the career paths of those who had studied at German universities. It is also indicative of the slow process of professionalisation of the Swedish judiciary. Administrative and judicial careers slowly began to assume different job descriptions and duties only in the second half of the seventeenth century. In the judiciary, there was less need for the all-encompassing, erudite education of the nobility. The study patterns of commoners, more focused specifically on law studies, were more useful if aiming for a career in the judiciary67.

• 68 M. Vasara-Aaltonen, “From Well-travelled ‘Jacks-of-all-trades’ to Domestic Lawyers”, op. cit., p. 3 (...)

36My material reveals that it was common for students who had studied abroad to find a position at one of the Swedish courts of appeal. This can be corroborated by examining the educational backgrounds of the judges of the Svea Court of Appeal. Well into the second half of the seventeenth century, more than half of the judges had studied abroad. This is a clear testament to the importance of studying abroad for those assuming positions in the developing Swedish legal profession. In the early years of the court’s operation, the noble judges especially had studied abroad, but soon it was possible to also find commoners who had studied abroad to staff the non-noble class of the court. Indeed, law studies abroad seem to have been a good steppingstone to a career at the courts of appeal. The judges at the Svea Court of Appeal follow the general trend. They, too, had studied mainly at Dutch and German universities, with Leiden University being at the forefront. In the 1650s, a third of the judges working at the Svea Court of Appeal had studied in Leiden68.

• 69 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit., Gustaf Bielke. The Board of Reductions was establishe (...)

37I will illustrate the way in which studying abroad and the careers of the students changed over the course of the seventeenth century by examining two of the students more closely. First, I focus on Gustaf Bielke (1618-1661). He belonged to an old aristocratic family, the Bielke family, and was a baron. His father, Nils Bielke (1569-1639), was president of the Turku Court of Appeal, and his mother, Ingeborg Oxenstierna (1581-1661), was the cousin of Chancellor Axel Oxenstierna. As a 14-year-old boy, Gustaf began his studies at the Swedish University of Uppsala. Almost seven years later, in 1639, he commenced his studies at Leiden University, where he enrolled to study the arts. He may have travelled back to Sweden in 1640, when he was given the position of chamberlain (Sw. kammarherre). Between 1641 and 1643, Bielke made several trips to Europe, visiting Paris, Florence, Venice and Rome. In 1645, he was marshal at the peace negotiations with Denmark at Brömsebro, and in the same year he was appointed vice president of the Svea Court of Appeal in Stockholm. In 1647, he became president of the Dorpat Court of Appeal in the conquered territory of Livonia. It is worth pointing out that these positions at the courts of appeal were not only ceremonial but involved judicial decision making as well. Between 1648 and 1652, Bielke also held a judgeship in a district court, but the actual work was probably carried out by a substitute, as was common at the time. In 1650, he obtained a seat at the Council of the Realm, and as councillor he was right at the heart of the Swedish administration. The following year, he again obtained a position at the Svea Court of Appeal, this time as a judge of the first class, which was staffed by councillors of the realm. In 1655, he served as an ambassador to Russia. Before his death in 1661, he was also a member of a commissorial court (Sw. kommissorialrätt) and of the Board of Reductions (Sw. reduktionskollegium)69.

• 70 On Swedish noblemen travelling through France and Italy, see J. Nuorteva, Suomalaisten, op. cit., p (...)
• 71 S. Petrén, “Hovrättens uppbyggnad 1614-1654”, Svea hovrätt, studier till 350-årsminnet, eds. S. Pet (...)

38Gustaf Bielke’s life exemplifies quite well the study and career path of a member of the high nobility around the middle of the seventeenth century. He had been educated in the fashion of the nobility: he had spent some time at Swedish and foreign universities and had then travelled across France and Italy to learn the ways of the world70. His career included high positions within the civil administration, on diplomatic missions as well as at the courts of appeal. While he had studied abroad, it seems that his studies did not include law – at least he did not enrol at a law faculty. Still, as there were no educational requirements for working in the Swedish judiciary, this was not a problem. Indeed, there was a general belief that the aristocracy had an “innate” ability to understand the law based on tradition and the practice of previous generations71.

• 72 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit., Magnus Larsson.
• 73 M. Vasara-Aaltonen, “From Disputation Hall to High Office”, op. cit., p. 549.

39Magnus Larsson (d. 1674) also studied abroad and worked at a court of appeal, but otherwise his life was quite different from that of Bielke. Magnus came from Östergötland in Sweden and, based on when he attended university, he was probably born in the 1620s. The only thing we know about his father is that, based on Magnus’s patronym, he must have been called Lars. Magnus enrolled at the Academy of Turku in 1642 or 1643, and a couple of years later he travelled to Germany, where he enrolled at the University of Greifswald in September 164572. Two years later, he defended a Dissertatio iuridica de finibus concerning borders under the guidance of law professor Franz Stypmann (1612-1650). Magnus Larsson was the author of this work, and in it he discussed the situation between Sweden and Denmark who were repeatedly at war with each other during the seventeenth century. It seems that after Greifswald, Magnus continued his law studies in Leipzig in 1649, and in the following year he wrote and defended a dissertation called Quaestionum juridicarum decas, with Benedikt Carpzov (1595-1666) as praeses73.

• 74 Letters from Magnus Larsson to Karl Gustav, Till Carl Gustaf inkomna skrivelser. Furstars (och dera (...)

40But how could Magnus Larsson, who obviously did not belong to the nobility, finance his long study journey abroad? While the sources do not tell us much about Magnus’s background, they do reveal that he must have somehow come into contact with members of the Swedish elite. Letters that Magnus Larsson wrote while abroad reveal that he was the client of Count Palatine and heir to the Swedish throne, Karl Gustav, who would later be crowned King Charles X (r. 1654-1660). In his letters from the early 1650s, Magnus refers to himself as cliens and stipendarius. His patron, Karl Gustav, financed his studies abroad. Magnus repeatedly asked his patron for more financial assistance and, based on the letters, he also received it74.

• 75 Magnus Larsson to Karl Gustav, undated letters [the archive catalogue notes them as being written i (...)

41In his letters, written in Latin, Magnus repeatedly referred to his law studies. In an undated letter, signed “LL. stud.”, he noted the importance and benefit of Roman law in state affairs, thus arguing that his studies would come to good use. Finally, he asked for some more assistance so that he could complete his law studies abroad. In the same letter, he also mentioned pursuing studia humaniora but it is clear that the main focus of his studies was law. In a letter from May 1650, written in Rostock, Magnus thanked Karl Gustav for yet another scholarship, and he felt confident that it would be enough for him to complete his studies in public and private law. He also wanted to emphasise that the money had been well spent to enhance his learnedness75.

• 76 Magnus Larsson to Karl Gustav, 4 September 1649, Till Carl Gustaf inkomna skrivelser. Furstars (och (...)
• 77 Magnus Larsson to Karl Gustav, 20 June 1651, Till Carl Gustaf inkomna skrivelser. Furstars (och der (...)
• 78 Queen Christina, who was unmarried and without children, named her cousin Karl Gustav heir to the S (...)
• 79 Magnus Larsson to Karl Gustav, 24 March 1652 and 6 January 1653, Till Carl Gustaf inkomna skrivelse (...)

42In an earlier letter from September 1649, Magnus had written about possible plans to travel to Leiden or Strassburg, but it is unclear if this plan was realised76. At least the matriculation records of Leiden and Strassburg do not mention Magnus Larsson. After Magnus’s studies in Greifswald and Leipzig, he seems to have travelled to Franeker, where he sent another letter to Karl Gustav in June 1651. In this letter, written in French, he asked that Karl continue his benevolence and finance his studies further. This would enable Magnus to travel to France to further his studies in the French language77. The sources do not reveal whether Magnus was able to realise this plan. According to the dates of his letters, by March 1652 he was back in Greifswald, where he wrote another letter to his patron. By now, Magnus must have learned that Karl Gustav had been made heir to the Swedish throne78, as he now began his letter with the words “Serenissime Regni Princeps Haereditarie”. He writes that after having come so far in Roman law and having learned several exotic languages, he had decided to finish his studies by journeying to Batavia [present-day Netherlands]. However, at least by January 1653 he had returned to Sweden, as he at that time sent a letter to Karl Gustav from Gothenburg79.

• 80 Y. Kotivuori, Ylioppilasmatrikkeli, op. cit., Magnus Larsson.

43Magnus Larsson’s letters attest to his career ambitions. Indeed, his lengthy studies at foreign universities – and almost certainly his connection to Karl Gustav, now King Charles X – paid off, and in 1655 he was appointed crown prosecutor (Sw. advokatfiskal) at the Svea Court of Appeal. In 1658, he advanced to the position of judge at the same court. Later, he was also given the judgeship for the districts of Jönåker, Hölö and Hölebo80.

• 81 M. Korpiola, “On the Reception of the Jus Commune and Foreign Law in Sweden, ca. 1550–1615”, Clio@T (...)
• 82 H. Pihlajamäki, “Summoning to Court: Ordines Iudiciarii and Swedish Medieval Legislation”, Scandina (...)
• 83 M. Korpiola, “Desperately Needing Lawyers”, op. cit., p. 103-112; M. Korpiola, “On the Reception of (...)
• 84 H. Pihlajamäki, “Gründer, Bewahrer oder Vermittler? Die nationalen und internationalen Elemente im (...)
• 85 M. Korpiola, “On the Reception of the Jus Commune and Foreign Law in Sweden”, op. cit., para. 8; H. (...)

45The fact that future Swedish lawyers chose to study abroad naturally begs the questions, how much did these study journeys impact the Swedish legal sphere, and did they contribute to the reception of foreign legal thought in Sweden? As mentioned earlier, medieval Swedish clerics had been studying abroad for some time, and through them ideas from the ius commune had reached Sweden, too. Indeed, learned law, especially canon law, influenced medieval Swedish laws81. For example, canon law ideas on the law of summons developed in the twelfth and thirteenth centuries found their way into Swedish medieval laws between the thirteenth and fifteenth centuries82. In the sixteenth century, the German legal advisors to King Gustav Vasa brought with them knowledge of the ius commune and German law83. The influence of the ius commune can also be seen in the works of the reformer Olaus Petri (1493-1552), who is especially known for his Rules for Judges, which are still today printed at the beginning of Swedish and Finnish law books84. However, one must always keep in mind the fact that the number of trained lawyers in Sweden was quite small, and the judiciary was in the hands of laypersons. This meant that any legal rules or ideas adopted from elsewhere needed to be adapted to suit the Swedish legal culture. Often this meant simplifying the rules so that they could be understood even without a comprehensive legal education85.

• 86 E. Trolle Önnerfors, Justitia et Prudentia: Rättsbildning genom rättstillämpning – Svea hovrätt och (...)
• 87 Ibid., p. 30-31, 86-90; S. Petrén, “The Reform of the Swedish Judiciary under Gustavus Adolphus”, E (...)
• 88 S. Petrén, “Våra första advokater”, op. cit., p. 21-22.

46The reception of foreign law in seventeenth-century Sweden is usually connected to the practice of the courts of appeal. In the seventeenth century, the Swedish judiciary went through significant change as several courts of appeal were founded. Furthermore, over the course of a few decades Sweden managed to establish itself as a power to be reckoned with in Europe. Therefore, the seventeenth century is often referred to as the Age of Greatness in Sweden (Sw. stormaktstiden). In this setting, attitudes towards the use of foreign law were permissive, and foreign law was seen as a representation of more general legal principles. Thus, the courts of appeal could resort to foreign law if necessary86. Indeed, this did occur since Swedish medieval laws, dating to the fourteenth and fifteenth centuries, could not resolve all legal problems arising in the seventeenth century. Swedish law was inadequate especially regarding mercantile and contract law. New legislation was scarce before the end of the century, but legal gaps could be filled in through court practice. Sweden was increasingly involved in foreign trade and the courts had to settle cases with international aspects to them. Foreign businessmen who had settled in Sweden were familiar with European legal doctrine. Moreover, as Sweden expanded territorially – for example, as it had conquered Livonia in 1629 – it was governing areas that had a much more profound infiltration of learned law than was the case in Sweden proper. Swedish Estonia and the town of Riga belonged to the jurisdiction of the Svea Court of Appeal, and the influences of Roman law and the ius commune are clearly visible in cases pertaining to these regions87. Indeed, in the beginning the Svea Court of Appeal struggled because it did not have sufficient expertise to judge the cases emanating from Estonia and Livonia88.

• 89 E. Trolle Önnerfors, Justitia, op. cit., p. 76; S. Jägerskiöld, Studier, op. cit., p. 98-101.

47It was only natural that the courts chose to turn to foreign legal ideas when Swedish laws did not provide a solution to an immediate legal problem. When the courts of appeal turned to foreign law, it was usually to Roman legal principles. However, some signs of Lübeck law as well as Dutch, French, Italian and Spanish law can also be found in the practice of the courts of appeal89.

• 90 Ibid., p. 32, 36-37, 49.
• 91 E. Trolle Önnerfors, Justitia, op. cit., p. 51, 304-305.
• 92 J. Sallila, “Entangled in Insolvency”, op. cit., p. 270-271, 278-279, 295-296.
• 93 Å. Malmström, Juridiska fakulteten i Uppsala. Studier till fakultetens historia II. Den juridiska f (...)

48As discussed above, many of the Swedish courts of appeal judges had studied abroad. Indeed, prior research has often seen this as further proof of the seventeenth-century reception of Roman law in Sweden: the learned judges of the court brought with them ideas of the ius commune they had learned while abroad90. To some extent, this is certainly true. It is obvious that with respect to the degree to which the ius commune was received in seventeenth-century Sweden, judges who had studied abroad were primarily responsible for introducing such legal ideas. However, recent scholarship has questioned whether such reception was actually as profound as suggested in prior studies. For example, Elsa Trolle Önnerfors’s study on testamentary cases at the Svea Court of Appeal has shown that references to Roman law were actually scarce and that terms originating in Roman law had been adapted to suit Swedish circumstances91. Likewise, Jussi Sallila has described seventeenth-century bankruptcy cases as exhibiting an “interplay between old Swedish law and Roman concepts”, in which the use of Latin terms was often superficial, and sometimes they were in fact used to describe Swedish legal sources92. At Swedish universities, law professors were supposed to compare Swedish and Roman law, and even some dissertations show how Swedish law was described in a way that highlighted some similarities in legal solutions in Swedish and Roman law93.

• 94 See M. Vasara-Aaltonen, “From Well-travelled ‘Jacks-of-all-trades’ to Domestic Lawyers”, op. cit.
• 95 S. Jahns, Das Reichskammergericht und seine Richter. Verfassung und Sozialstruktur eines höchsten G (...)

49Thus, there was an ongoing dialogue with foreign legal sources and the ius commune was to some extent received. However, the scope of its reception was not as great as in many regions of Continental Europe. Here, also the level of law studies by Swedish students must be taken into account. While it is true that many of the Swedish courts of appeal judges of the seventeenth century had studied abroad94, some of them had nonetheless studied a subject other than law, and even those studying law may have done so only for a few months, for example. The vast majority of future Swedish lawyers did not obtain a degree. Whereas the qualification requirements for the German Reichskammergericht, for example, stipulated in the sixteenth century that judges had to have studied law for a number of years, no such requirements existed for Swedish judges95. It seems natural that, as Swedish students usually studied law for a significantly shorter period than many of their European colleagues, the level of legal learning they would return to Sweden with would also have been lower. This corresponds with the idea that when foreign legal sources or terminology was used, it was done rather superficially and adapted to fit Swedish law.

• 96 “Kongl. May:tz Bref til Giöta Hofrätt at the uti dömmande skole hålla sig wid Sweriges Lag och Stad (...)
• 97 E. Trolle Önnerfors, Justitia, op. cit., p. 60, 79-80; S. Jägerskiöld, Studier, op. cit., p. 104-10 (...)

50However, towards the end of the century attitudes towards the use of foreign law became more negative during the absolutist rule of King Charles XI (r. 1672-1697). The King sent letters to the courts of appeal making his stance clear. In a letter to the Göta Court of Appeal in 1683, the King declared that henceforth judgements were to be based on Swedish law, decrees and customs and not on foreign laws or languages96. As an absolutist ruler, Charles XI did not look well on the courts developing the law through their own practice, and thus, he turned away from the rather free use of legal sources. While previously the courts had been able to turn to foreign law if Swedish law was insufficient, now the courts had to turn to the King for advice if doubts arose about the law97. Under such circumstances, it seems natural that studying law abroad became less appealing.

• 98 M. Vasara-Aaltonen, Learning Law, op. cit., p. 87, 123, 193-194.
• 99 M. Vasara-Aaltonen, “From Well-travelled ‘Jacks-of-all-trades’ to Domestic Lawyers”, op. cit., p. 3 (...)

52While the numbers of those studying abroad had been at their highest during the 1630s and 1640s, Swedish students still regularly travelled abroad for study during the following decades. However, in the last decades of the seventeenth century, and particularly at the turn of the eighteenth century, the eagerness to travel abroad to study law diminished. My material shows that the University of Halle still managed to attract Swedes in the early 1700s but that, for example, Leiden University had lost its appeal among future Swedish lawyers. Only one student in my material visited Leiden during the eighteenth century, and this was in 1706. The University of Greifswald, in Germany, still held some appeal among Swedish students throughout the eighteenth century, but this had to do with the fact that Greifswald, in Pomerania, was under Swedish rule at the time – thus, its status was not entirely comparable with other German universities98. The decline in studies abroad among future Swedish lawyers is corroborated when looking at the biographies of courts of appeal judges. Their studies abroad diminished drastically from the late seventeenth century onwards99.

• 100 S. Lindroth, Svensk lärdomshistoria – frihetstiden, Stockholm, P.A. Norstedt & Söners Förlag, 1978, (...)

53There are several reasons for this development. The first one is related to the type of education available at domestic universities. At the beginning of the seventeenth century, only the University of Uppsala existed, but by 1666, when a new university was founded in Lund, there were five universities within the Swedish realm: Uppsala, Dorpat, Turku, Lund and Greifswald. Each of them had a law faculty. Thus, the possibilities of studying law at domestic universities increased. In the second half of the seventeenth century, domestic universities were increasingly frequented by those aiming for an administrative or legal career – even if their domestic studies were often followed by studies abroad – and by the turn of the century studies at domestic universities took a clear lead. From the 1730s onwards, Sweden’s central administration paid special attention to making university education more suitable for the needs of the state100.

• 101 For more on career advancement in the eighteenth century, see M. Cavallin, I kungens och folkets tj (...)
• 102 M. Vasara-Aaltonen, Learning Law, op. cit., p. 462.

54Moreover, towards the end of the seventeenth century careers within the administration and judiciary began to be separated from one another – a sign of both branches becoming more professional101. Magnus Larsson’s career was an early example of this development. The separation of administrative and judicial careers contributed in part to the fact that a broad education, encompassing a variety of different subjects, was no longer as desirable as previously. This also relates to the position of the higher nobility in Swedish society. Study journeys in the first half of the seventeenth century were intimately linked to the aristocratic way of life, which valued a broad education that could be obtained through lengthy study journeys. The high nobility educated its sons abroad and financed the studies of many commoners. However, the old aristocracy lost its strong power position during the second half of the seventeenth century, and especially after the turn to absolutism in 1680. The new, lower nobility did not place intrinsic value in studying abroad, and since domestic universities could now fulfil the need for educated officials, studying at domestic universities was often sufficient102.

• 103 G. Inger, Svensk rättshistoria, Stockholm, Liber Ekonomi, 1997, p. 74, 132; Sveriges rikes lag gill (...)

55The negative stance towards invoking foreign law during the absolutist rule of King Charles XI was discussed above. During Charles XI’s rule, in 1686, the work of creating a new Swedish law code was also commenced. After decades of work, and in a completely different political setting, it was finally ready in 1734 and came into force two years later. The law affirmed the rule that courts were not to refer to foreign law or use foreign languages103. Moreover, the problems regarding the outdated medieval laws had now been overcome, so there was also less need to turn to foreign law to solve practical legal problems. As a result of the Great Northern War (1700–1721), Sweden had also lost its conquered territories in the Baltic Sea region as well as its power position in Europe. Therefore, the courts were no longer faced with international cases as often as during the previous century. Taken together, the changes only reinforced the reasons why studying law abroad was no longer as appealing as it had been a century earlier.

• 104 K. Å. Modéer, Det förpliktande minnet. Juridiska fakulteten i Lund 1666–2016, Stockholm, Santérus F (...)
• 105 See, for example, L. Björne, Patrioter och institutionalister. Den nordiska rättsvetenskapens histo (...)

56This is not to say that no legal influences from Continental Europe reached Sweden in the eighteenth century. For example, the foremost Swedish legal scholar of the eighteenth century, David Nehrman (nob. Ehrenstråhle, 1695-1769), a law professor at the University of Lund from 1719 to 1753, had visited the universities of Rostock, Jena, Halle, Leiden and Utrecht during his study journey in the 1710s. Nehrman was particularly influenced by his studies at the University of Halle, the hub of natural law studies in the early eighteenth century. This became evident in Nehrman’s academic activities, which were influenced by natural law and placed emphasis on national law at the expense of Roman law104. Though the connection to continental European legal thought was no longer as direct as during the mid-seventeenth century, when dozens of Swedish lawyers studied abroad, indirectly and on an academic level an openness towards European legal thinking continued into the eighteenth century105.

• 106 H. de Ridder-Symoens, “Mobility”, vol. II, op. cit., p. 436-437.

57Finally, while the Swedish development bears distinct characteristics of its own, it is worth noting that student migration declined throughout Europe from the late seventeenth century onwards. Studies abroad could still be advantageous if domestic universities could not offer the needed education but travelling across Europe to various universities for the purposes of erudition became less frequent in the eighteenth century106. Thus, in a larger context the Swedish experience exhibited similar tendencies as elsewhere.