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A13073 The forme of the agreement made at Strumsdorff Of the truce for twenty six yeares to come, concluded betwixt the high and mighty prince, the Kings Majesty of Poland, great Duke of Lettow, &c. as also of the kingdome of Poland, and great dukedome of Lettow; on tbe [sic] one party. And the high and mighty princesse, the Queenes Maiestie, and kingdome of Sweden; on the other partie. Comprised in twenty foure articles.; Treaties, etc. Sweden, 1635 Sept. 2. English and Latin Poland.; Sweden. Treaties, etc. Poland, 1635 Sept. 2. English and Latin. 1635 (1635) STC 23366; ESTC S117909 12,380 40

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Councell for the Dukedome of Prussia Regent and Governour of the County Iohn George á Sauken Privy Councellour Regent and Chancellour Bernard á Conigseck Counsellour George á Rausckeu Councellour of the Iustice-seat within the Verge of the Court and Peter Bergkman Councellour of the Privy Councell Wee the said Commissioners having beene invited to Strumsdorff and there having met with the Illustrious Commissioners of the Queens Majestie and Kingdome of Sweden Namely the Lord Peter Brabe Count of Visningsburgh Baron of Ridholme and Lindholm of the Privy Councell of the Kingdome Legifer * The High dutch translatiō retains the Latine word legifero to that it seemes to be the very Swedish word for that Office in Westmannia of the Mountaine and Dale-Carls Herman Wrangeln of Privy Councell of the Kingdome of Sweden Felt-Marshall of the Army Hereaitary in Lergeholm Sko-Closher Knight Acatius sonne of Axel Councellour of the Kingdome of Sweden and Legifer of Nericia Hereditary of Coxholm c. Iohn Oxenstierna sonne of Axel of the Privy Councell to the Queens Majestie Baron of Kimoth Lord of Fiholm and Tidoen and Iohn Nicodemi Principall Secretary of State unto her Majesty and Commissary-Generall of the Army in Prussia Wee the said Commissiones for both Parties being thus assembled and upon the mediation especially of the High and mighty Prince CHARLES King of Great Brittaine c. Defender of the Faith presented by Sir George Douglasse Knight Ambassadour for his said sacred Maiesty and by the meadiation of the High and mighty Prince Lewis the thirteenth the most Christian King of France and Navarre presented by the Illustrious Claudé de Mesmes Knight Lord of Avaux Extraordinary Ambassadour for his sacred Maiestie into these Northern Kingdomes as also upon the mediation of the High mighty Lords the States of the Vnited Provinces presented by their Ambassadours the Illustrious magnificent Roch Vanden Honaert first Counsellor in the great Court of Holland Zeland and West-frizeland Andrew Bicker Burgomaster of Amsterdam and Ioachim Andrea Counsellor in the highest Court of Frizeland having entred into the said Treaty of Peace and for a long-while many wayes too and againe consulted thereupon to this issue at length the divine goodnesse graciously therein favouring us and the right Honourable Ambassadours aforesaid taking indefatigable pains in it we brought the whole businesse as that we fully agreed determined and concluded upon the Peace with the fore-mentioned Commissioners of her Maiesty and of the Kingdome of Sweden in manner and forme following I. LEt the Peace betwixt the High and Mighty Prince Vladislaus the fourth King of Poland Duke of Lettow c. our gratious Lord and Master his Majesties successors Kings of Poland nd great Dukes of Lettow as also the Kingdome of Poland and great Dukedome of Lettow on the one party and the High and mighty Princesse and Lady the Lady Christina designed Queene of the Swedens Goths and Vandals great Princesse of Finland c. Her Majesties successors Kings of Sweden as also the Kingdome of Sweden on the other party be continued from this day forward for XXVI yeares to come to be accounted from the date of these presents untill the first of Iuly old style in the yeare of our Lord 1661. II. Let there be an utter forgetfulnesse of all fore-passed matters on both sides And in the first place let his sacred Majesty and the Kings his successors as also the whole Kingdome of Poland and great Dukes of Lettow abstaine during the whole time of the said Peace from all manner of hostility against the Queene and kingdome of Sweden and the Countries Castles Cities and Territories mediately or immediately belonging unto them yea and neither by themselves or any others Let them complot attempt or cause to be attempted any thing in derogation or infringement of these Articles In like manner Let her Majestie the Queen with the Kings her successors Kingdome of Sweden forbeare for all the time of this Peace from all actions of hostility against the King and Kingdome of Poland and great Dukedome of Lettow and against all the Countries Castles Cities and Dominions either mediately or immediately subject unto them yea and neither by themselves or by any others let them complot attempt or cause to be attempted any thing in derogation or infringement of these Articles III. Let her Majestie and Kingdome of Sweden restore unto his Majesty and Kingdome of Poland all that part of Prussia as yet in their possession Yet so that the Pillaw be immediately restored unto the Elector of Brandenburgh Duke in Prussia to be holden by the same right as before this warre he still enjoyed it IV. But in restoring of places let this one thing be observed that upon the Ratification of this Peace by the King of Poland caution being also laid in by the States as also by certaine Polish Commissioners by Act of Parliament sent from the Common-wealth unto the Kings presence with assurance of delivering the Ratification of this present Peace of the Common-wealth so soone as conveniently may be Marienburg with the * greater Jland The Gosie Werder by Marienburg Stum Brunsberg and Tolkemit with their Territories the Swedish garrisons being first drawn our be rendred up into the hands of the Commissioners of the King and Kingdome of Poland But as for Haubt and Junckertreil let them be demolished even with the ground in presence of certaine Deputies for both parties the lands and goods belonging to them being restored to their owners Let the Armies also on both sides be drawne off within that time in the same order and manner as shall be agreed upon betwixt both the Generals As for Elbing and the territory antiently belonging to it with the lesser Iland and the Fortifications therein erected as also the Pillaw with that part of Neringen which belongs unto it her Majesty and the Kingdome of Sweden may so long keepe possession of them untill the foresaid Ratification of the Kingdome of Poland be obtained Which being tendred her Majesty is to deliver up these places also within 14. dayes and to draw out all her Garrisons without hurt-doing to the inhabitants This being therewithall observed that all the Fortifications erected about Elbing bee left in the same state they now are and under the same government as before these warres V After the restitution of all places let the tributes be reduced into the same state and right they were in before these warres equality being in every thing observed as before times VI. All Acts Iudgements and Decrees upon what instance or sentence soever passed all Writings Contracts Transactions and all Actions which are no way derogatory unto the publike State as it was before these warres or which are not by expresse words excepted in this present Agreement however concluded either in the time of Warre or Truce by the authority of the Magistrate and judicially or otherwise besides the formalityes of the Law let them remaine in as full strength as
of the Swedish Army shall be cashiered present Iustice being bona fide to be administred by the Commanders unto such as suffer losse or receive injury by them XVIII Injuries whether personall or reall falling out within the time of this Peace shall not one part revenge upon another the ordinary Iurisdiction of each Party being preserved but Iustice shall orderly be demanded of the Officers and the Magistrates which without delaying let it forthwith be administred Let severe punishment be inflicted upon the violaters of this Peace which by the publick Faith and Honour is now confirmed And let no Reprisals or Arrests either by Sea or Land be allowed done upon pretence of any injury whatsoever unlesse that Iustice hath often been demanded and not administred And Licence for making such Reprisals or Arrests have during these warres been made out let them be held for cancelled with this proviso that Instice be forthwith done unto whom such Licences have been granted XIX But if any waighty occasion shall fall out which may seeme to concerne the breaking of these Articles let Commissioners be on either side appointed who meeting in some designed place upon the Frontiers of Liestland may decide the late risen Controversies XX. For the more security and that nothing contrary unto this Agreement may during this Peace by any man be committed let the States of the Kingdome of Poland and great Dukedome of Lettow passe their promise and engage their Faiths for the King of Poland his Brothers and their Successors that for all the time of this Peace they shall not complot to do any thing either out of Poland and the great Dukedome of Lettow nor out of any of the Countries and Dominions subject unto them much lesse that they shall actually attempt any action of hostility against the Queens Majesty or the Kings her Successours and the Kingdome of Sweden or against the Dominions Countries Cities Castles Forts and Territories object unto them yea and in case the King or hi● Brethren c. should attempt any such matter let the States be hereby engaged to hinder and to prevent it XXI The Kings sacred Majesty and Common-wealth of Poland shall imploy no shipping or Sea-fleet against her Majesty the Queen and the Kings her Successours and Kingdome of Sweden or against their Dominions and Subject Provinces nor shall send such aide unto others against them during all the time of the said Peace Also the Duke in Prussia The Marquesse Elector of Brandenburg the Duke of Curland and of the States of that part of Prussia belonging to the King Of Poland let the greater Cities put in caution that they will not suffer any hostility either directly or indirectly out of their Ports to be sent against the Queene Kingdome of Sweden and the Dominions and Countries to them subject XXII During this present Peace and before it be expired let another Treaty be propounded for the perpetuating of it in such place and time by the intervention of the Princes Mediators as shall be agreed upon by both the parties brought to it by the care and diligence of his Highnesse the Duke of Curland Yet so that if this Treaty for a perpetuall Peace succeeds not at the first or second time yet let the present Truce remaine firme and inviolable unto the full terme prefixed in this Agreement XXIII If any Kings or Princes Christian be desirous to be on either Party included within this Peace let them hereby have liberty to doe it upon condition that they declare themselves for it within five moneths XXIV To the intent this present agreement may the more firmely be relyed upon and that it may assuredly be made appeare it shall bona fide be observed it is in this manner concluded upon That the Exceptions of the Lords Commissioners being on both sides returned backe againe let these Articles be confirmed with their hands and Seales and mutually be delivered Then that his Majesty the King of Poland may according to this present prescript forme confirme it with all speed possible and deliver up that his Confirmation before any place be restored Then that her sacred Majesty of Sweden may also ratifie it by a solemne Instrument in her own name and the Kingdome of Sweden by the Subscriptions of of the Lords Administrators of the Kingdome of Sweden And that the State of Poland in their Parliament with all speed to be convoked may solemnly approve of it and in an Instrument drawne to that purpose ratifie it Which said solemne Instruments in this present forme prescribed not so mvch as one word or syllable being altered shall with all speed possible by the deputed Commissioners on both sides without any delay or excuse upon the Frontiers betwixt Elbing and Marienburg be mutually delivered and received In like manner his Highnesse the Elector of Brandenburg and Duke in Prussia the Duke of Curland and of the States of Prussia on the Kings side the greater Cities shall deliver their Letters Reversalls in which Caution shall be layd in for the security of her Majesty and the kingdome of Sweden before such time as Elbing and the Pillaw be restored Dated at * In Prussia Stumsdorff the second of September old stile in the yeete of our Lord 1635. VVE therefore Vladislaus the fourth King of Poland great Duke of Lettow c. doe hereby promise and undertake in our own name and of our Successors and State of Poland That all and every one of these Articles in the above written Agreement inserted and comprehended Wee with a good and Kingly fidelity professe to approove commend and ratifie like as hereby we actually doe approve commend and ratifie them nor will we suffer them by our owne or any other people to be violated For the better credit and assurance whereof We have signed to them with our owne hand and have commanded them to be firmed with the Broad Seale of our Kingdome Given in our Campe at Quidsin by Marienwerder * In Prussia the _____ of September L. S.
if all had been done when things were in their former condition and as if no alteration either in the Government or of the Magistrates had happened VII So much as either party had in their possession in the Country of Leifland during the time of the last sixe years Peace let them still keepe possession of for all the twenty sixe yeares following VIII Whatsoever Cities or Territories with their Magistrates Commons and Inhabitants and Subjects in generall which the King and State of Poland have heretofore received under their protection let them henceforth grant free pardon unto yea and afford favour and protect them with the same clemency and grace as heretofore and let all and every of them enjoy the same possessions Rights Priviledges and Customes as well generall and common as speciall without exception which before the beginning of these warres they have enjoyed And especially let the City of Elbing be conserved in the right and usage of the Seale of the Lands of Prussia and in the accustomed Seate of Iustice it having in the first place taken the Oath of Fidelity to the Kings Majesty the exercise of the Evangelicall religion being left free in the restored places as it heretofore hath flourished yea and the exercise of the Catholike religion being left free also especially in the Parish Church of the old towne of Elbing as it was before these warres IX All Actions against those persons which in any kinde have taken part with their Majesties the King and Queen of Sweden or that are accused to have sided with them of what condition or degree soever they be whether they have lived as private men or have borne any office or any way beene employed in the service of their said sacred Majesties or of the kingdome of Sweden whether the said Actions be already commenced or intended so to be let them be let fall presently and if any be already passed let them instantly be disanulled and debarred of all further execution for ever Nor let any man be thereby engaged to put in Answer to any adversary upon such things as have beene done in the time either of Warre or Peace which have fallen out upon occasion of the said Warre or Peace And if that contrary hereunto any suit already be commenced or adjudged or any Sentence or Order of Law in the absence of the party be obtained let it wholly be made word of no value X. If any person or persons be not willing longer to remayne in the restored Cities or Territories but rather to change his dwelling and remove unto another place let him have free leave within three yeares from the date of these presents either to sell outright let to farme to others or otherwise at his or their pleasures to dispose of his estate without any hindrance or taxation upon any pretence to be imposed on them the ancient Rights and Customes of the Citizens being still preserved XI Whatsoever Exiles now out of Sweden and living among the Polish Nation that have sometimes followed the party of their Majesties the Kings of Poland be willing upon any occasion to returne into their owne Country let them desire Letters of Safe-conduct which being obtained they may freely enjoy the benefit of the Lawes and Statutes of the Kingdome of Sweden XII In such places as are at any time by vertue of this present Agreement to be restored let all the Church-moveables at this time found in them bee faithfully left unto them That is to say sacred Vessels and Vestments Bels and other Ornaments serving for the Church as also the Books of their Courts of Chancerie their Patents and Publick Acts. But if any of them through the injury of the times have beene pillaged by the Souldiours or by others negligence have beene spoyled let no further inquiry be made into it nor any man obliged to restitution As for those peeces of Canon and great Ordnance which at the time of the taking were found and are yet remayning in any of the Cities or places that are to be restored let them be there left unto them XIII As concerning those goods which in the time of these warres have be the Law of Atteinder been taken from any person or which have been confiscated or bestowed upon other it is thus agreed upon That is to say that the Immoveable goods belonging either to the King or State or else unto 〈◊〉 private person which are actually already given away on either side if so be they be already deliver dup into the possession of these to whom they were given let t em be again restored to th● former owners but if possession be not already given of them let them still remayne unto their owners all Questions and Actions in regard of any Rents received for them either of the goods of private men or of the State from henceforth for ever ceasing As for those Grants or Gifts of moveable goods made on either side if actuall possession have not thereupon beene delivered let the grants become void but as for such as have been delivered let them be still left unto the present possessors All Actions also in their names ceasing and all Bonds becomming voide which by such Acquitances may be discharged as either by the Kings Lieutenants or by the Officers of their Majesties Chamber or by the Donors themselues have authentically and without fraude beene given provided that by some authentick writing of payment heretofore made there may be a Constat of those Donations XIV Let the ancient Commerce betwixt either Kingdome and the subject Provinces be againe restored and from hence in their ancient Freedome conserved and let every thing returne into the same estate wher in they were before these warres and these discharged from all such novell Impositions and Taxations as have these warres beene laid upon them XV. Let the passing of Merchandises out of the great Dukedome of Lettow by the River Duna by no means be no longer hindred yea and let the same rates of Customes hereafter be upon that River which were before the Warres XVI Let all such Fugitive Subjects of the great Duke dome of Lettow and Dukedome of Curland as are found in Liefland be retured to their owne Lords which on the other side ought also to be done with the Fugitive Subjects out of Liefland into the great Dukedome of Lettow and the Duchy of Curland XVII Let all the Armies excepting the Garrisons be on both sides drawne out of the Country within the time appointed and the Swedish Army to passe away by Sea But in case they should not be furnisht of shipping enow by the time appointed for wafting over of the Horse that then the said Horse-forces should have free passage and unmolested to march over-land the neerest way into their own Dominions so be it were without wrong-doing unto such Inhabitants as either mediately or immediately be Subjects to the Crowne of Poland Which condition is also to be observed if any Foot