User:SvareJM/Sandbox/Se Court Records

Introduction
Courts were responsible for trying criminal and civil cases, and also for recording property transactions, probating estates, and registering death lists that were sent in by the parishes. There is often a wealth of supporting documents for the cases. It is generally believed that most of the population can be found in the court records for one reason or another. But to search the court records, you have to know what judicial jurisdiction that your ancestor lived in. This article will help you identify the right court jurisdiction level and the associated records for your search. Judicial districts changed over time.

History
The earliest courts were outdoors at a designated location called tingplats or tingsställe. Prior to the arrival of Christianity, it is believed that the tingplats was often a place where sacrifices were offered. After Christianity arrived many tingplats were associated with the location of a church. Later, before the practice of building a dedicated court, the ting session was held in a house where the church wardens and parishioners could meet (sockenstuga) or in a government inn (gästgivarigård).

Jurisdictions
The 1634 constitution identified 14 lagsagor which were medieval judicial districts led by a häradshövding (district chief). These districts were divided into smaller historical districts (härader), although some parts of the country used the name tingslag, bergslag, or skeppslag instead. Each härad or lag had a place of judgement to try criminal offenses and civil disputes. When Gustav Vasa became king in 1523 it marked the beginning of the modern kingdom of Sweden. Prior to this it was a group of provinces (landskap) controlled to a large extant by families with strong political and military ties (Folkungar families) with an elected king to represent the groups in general. To strengthen the government’s position, cities were formed and were given special rights, including the establishment of city courts.

The häradsrätt (in rural areas) and the rådhusrätt (in the cities) were the first and most common level of jurisdiction to settle criminal offenses and civil disputes. If someone wanted to appeal a lower court’s decision, they had to appeal to the Monarchy and Council of the Realm before 1614, or to the High Court (Hovrätt) after 1614. The 1634 constitution organized the kingdom into counties (län) and the judicial authority was transferred from each province to the respective county authorities.

1634 - early 1900s
The chart below represents the organizational structure of the judicial system from 1634 up to the beginning of the 1900’s. Cases could potentially be heard in three courts:
 * 1) District (häradsrätt) or city courts (rådhusrätt or magistrat) - which are courts of first instance until 1971 when they were replaced by the tingsrätt
 * 2) Appelate courts (hovrätt)
 * 3) Supreme Court - Kunglig Majestät i Riksrådet to 1789, and Högsta domstolen after 1789

See the table for English definitions and links for information about the records associated to each jurisdiction. [[Media:Swedish Judicial Jurisdictions mid 1600s-early 1900s.pdf|Download a copy of this chart]].



Records
There are many records that were created by the Swedish court system that may help you find your ancestors. These records are especially useful when the church records are insufficient. As you search court records you will find the span of years varies record to record. This is due to laws, social development, the purpose of the record, and the preservation of the originals. Some records have different names in different parts of the country. Other records were created in duplicate. For example, the content of a häradsrätt court proceeding (dombok) was copied to another book (renoverade dombok) which was sent to the High Regional Appellate Courts. You will find the level of detail will vary depending on the version.

Original content from other pages
There are many records that were created by the Swedish Judicial Authorities that will help you find your Swedish ancestors. These records are especially useful when the church records are insufficient.

As you search the Swedish Judicial records you will find the span of years varies record to record. This is due to laws, social development, the purpose of the record, and the preservation of the originals. Some records have different names in different parts of the country.

Other records were created in duplicate for example: the content of a Häradsrätt court proceedings (Dombok) was copied to another book (Renoverade Dombok) which was sent to the High Regional Appellate Courts. You will find the level of detail will vary depending on the version.

A PDF version of this chart is available at [[Media:Swedish Judicial Jurisdictions mid 1600s-early 1900s.pdf|Swedish Judicial Jurisdictions mid-1600s to early 1900s]].

Why Judicial Jurisdictions?
There are many reasons why you might want to search the Swedish court records for information about your ancestors. The courts were responsible for the processing of criminal and civil cases, but also for the recording of property transactions, the division of estates (probates and wills), and even death lists that were sent in by the parishes. Plus there is often a wealth of supporting documents for the cases. It is generally believed that most of the population can be found in the court records for one reason or another. But to search the court records, you have to know what judicial jurisdiction that your ancestor lived in. This article will help you identify the right court jurisdiction level and the associated records for your search. First let's look at how the judicial jurisdictions were formed.

Medieval - Mid 1600's
The oldest judicial jurisdiction in Sweden is the härad which predates written history, although some parts of the country use the name tingslag, bergslag, or skeppslag instead. Either way, each härad or "-slag" had a outdoor place of judgement (a tingplats) to process criminal offenses and civil disputes. Before 1523 there was no official kingdom of Sweden in the modern sense. It was a group of provinces (the Landskap), controlled to a large extant by families with strong political and military ties (Folkungar families) with an elected king to represent the groups in general. To strengthen the government’s position, cities were formed and were given special rights, including the establishment of city courts.

The häradsrätt (in rural areas) and the rådhusrätt (in the cities) were the first and most common level of jurisdiction to settle criminal offenses and civil disputes. If someone wanted to appeal a lower court’s decision, they had to appeal to the Monarchy and Council of the Realm before 1614, or to the Higher court (Hovrätt) after 1614. In 1634 the kingdom of Sweden was organized into counties (Län) and the judicial authority was tranfered from each province to the respective county authorities.

Mid 1600's - early 1900's
The chart below represents the organizational structure of the judicial system from the mid 1600’s up to the beginning of the 1900’s. See the table below the chart for English definitions and links for information about the records associated to each jurisdiction.




 * To print a copy of this chart with the definitions see: [[Image:Swedish Judicial Jurisdictions mid 1600s-early 1900s.pdf]].

Records

 * For a list of records associated to this jurisdiction see: Swedish Judicial Records for Family History.

Tips

 * Most cases appeared on three levels: district and city courts, appellate courts and the Supreme Court.


 * The district court (häradsrätten) in the countryside and the city court (rådstufvurätten or rådhusrätten) in the city were the lowest instance. It was in these courts that most of the cases originated. The cities also had a special court called kämnarsrätten betweeb 1619 and 1849.

Judicial Jurisdictions
The courts were responsible for the processing of criminal and civil cases, but also for the recording of property transactions, the division of estates (probates and wills), and even death lists that were sent in by the parishes. Plus there is often a wealth of supporting documents for the cases. It is generally believed that most of the population can be found in the court records for one reason or another. For more information about judicial jurisdictions, see this article.

Högsta Domstolen
The högsta domstolen is the name of the Swedish Supreme Court after 1789.

Rådhusrätten/Rådstufvurätten
The rådhusrätten (also known as the rådstufvurätten) is the city court, and was the first and most common level of jurisdiction to settle criminal offenses and civil disputes. For more information about records that can be found at the rådhusrätten/rådstufvurätten level, see this article.

Häradsrätten
The häradsrätten is the district court, primarily in the countryside. and was the first and most common level of jurisdiction to settle criminal offenses and civil disputes. For more information about records that can be found at the häradsrätten level, see this article.

Tingplats
During Viking and medieval times in Sweden, criminal and civil cases were decided at a court session called a "ting". The ting sessions were held outdoors at a designated location called the tingplats. Prior to the arrival of Christianity, it is believed that the tingplats was often a place where sacrifices were offered. After Christianity arrived many tingplats were associated to the location of a church. Later (before the practice of building a tinghus) the ting session was held in a house where the church wardens and parishioners could meet (the sockenstuga) or in a government inn (gästgivarigård.)

Swedish Wikipedia Community., "Tingplats"., Swedish Wikipedia, 2012 at: Tingplats