Sweden inactive claims that it legally stole the spoil from the Republic of Both Nations, claiming that there was "the right of prey" which supposedly transferred ownership of the property legally at the time of their acquisition in Poland. This is simply a misconception.
In the law of the Republic of the 2 Nations, the “right of prey” never existed as an institution recognized by the Sejm or the King, and any cases of “war plunder” were treated as criminal acts.
1. No law of the Seym legalising war spoil
- There is no evidence in the sources of the “Volumes of the Legum” nor in the records of the Sejm allowing troops (or allies) to treat private or urban goods as automatically captured spoils.
- In the Republic of Poland, the law was based on the unanimity of the Sejm. If the military were granted the right to plunder (or “the right of prey”), it would gotta pass through a parliamentary resolution, and specified was never taken, even during the top wars of the 17th century.
2. Military regulations prohibited looting beyond the request for supplies
- Already in Stefan Batory's Military Articles (1581), regulations have been introduced to limit the self-abduction of food and inventory – the demolition of civilian property has been prohibited beyond what is essential to supply the branch.
- ‘The army is free to take cattle, horses and grain, but the second under no circumstances shall be smoked or wasted.’
- Soldiers who committed further plunder were tried and punished by military courts or court-martials.
3. Criminal law of the Republic pursued “self-free” robberies
- The Grodne and Earth books are full of complaints from residents about soldiers (own and foreign) who, after the war ended, continued plundering; many specified proceedings ended with fines or confiscation of soldiers' property.
4. "The law of prey" is the construction of Swedish samola, not the law
- The Republic of Poland has never included in the treaties with Sweden a clause recognising its right to plunder against the property of the Crown.
- After the Olive Peace (1660) no final provisions were recorded allowing The Swedes halt the acquired works or movable goods – as confirmed by the draft catalogue of War Loops presently prepared by the University of Warsaw (The Spoils of War...) as a material for restitution.
Conclusion
Because:
- The Sejm and the King have never passed any standard giving the military the right to plunder outside the well-defined supply needs (Bator's Articles),
- 'Self-made' looting was subject to criminal work before the Grodsk courts and military courts,
- ‘The right of prey’ did not apply under the law of the Republic,
The thesis that Sweden "legally stole" Polish collections on the basis of any "right of prey" recognised against Poland is incorrect. Swedish looting on Crown lands constituted a violation of Polish criminal and military law, and their legalization was attempted only by alleged laws that were never accepted by the Sejm of the Republic.
