this man hath so much the lesse justice in it because they cannot be ignorant how often exiles of Sweden have not onely been received and kindly used in Denmark but also preferred to Offices and dignities But as the first part of the fore recited Article could not be denyed to a man that was next in degree to the King in Denmark and heretofore the first in his favour and secrets honoured there for services to his countrey and not of obscure fame abroad not yet condemned or convicted of any crimes that could deserve so severe a prosecution as I say this could not be denied him out of commiseration of his fortune without a breach of the Lawes of humanity so the latter part was offered by her Majesty to the King and Counsel of Denmark When thereupon he made himself ready for his defence the Qu. intimated the same to Peter Juel at that time Danish Resident in the Court of Sweden who solicited the cause against him that he might hear it make his answer and take notice of her Majesties inclination to just proceedings But he as it were discordered flung out of the presence in wrath without the modesty fit for a Resident or the respect due to the Queen It happened while these things past that the Lord high Steward made use of certain proofs from letters presently to refute such matters as had been objected against him at another time specially whereas he was charged to have entered a great sum of money upon the accounts and made deduction therof which yet the man to whom it should have been paid said he had not received it he made the contrary appear by the acquittance and letters of those that were to have the said money and shewed the falshood of the accusation By refusing the offered tryal what else could be collected but that the Danes would have him accused so as he might not be convicted condemned so as he might not bee heard nor make his defence ejected and punisht so as the truth of the fact might never come to light Which things since they are not permitted by divine and humane Law her Majesty could not consent to such a desire nor the Danish zeal justly argue that it was misbecoming the dignity of a King to plead against his Subjects in another place seeing it was so ordained by the Agreements nor is it lawful for any King to use his absolute authority in anothers Kingdom and to oppress a man unheard and undefended though the suit be against his own Subject It is not unusual nor taken to be against the dignity of Superiours that Kings should make process against their exiled Subjects in the Territories of other Kings as it is shown by infinite examples in History That no other proceeding may be allowed in Sweden it appears out of the foresaid pacification of Stetin which prescribes the manner thereof When beside nay against Covenants a man that was present accused as guilty and offering himself to trial not without a fair show of confidence was yet refused the hearing of his defence nor any thing proved that was alledged against him nay the legal administration of justice declined all this could not but move the Queen and Counsel of the Kingdom to the equity of protection against passionate and blind persecution all equall and impartial judges to the presumption of his innocence and all other persons to favour and good will towards a man otherwise eminent for wit qualities and experience Indeed the Danes declared their opinion 33 N. 33. out of the 21. Article of the said Covenants that all extremity was forthwith to be used against him by reason of a Writing he set forth but impertinently That provisional clause speaks of contumelious and reproachful Pamphlets not to be inflicted but upon those that write and publish scandalous papers fraught with affronts disgraces and infamy and indeed if the Subjects of one Kingdom do so against the King and Inhabitants of another Now whereas in this case there was a controversie betwixt the King and his principal Minister and Subject and betwixt the Noblemen and one of their fellow Peers therefore it was to be prosecuted not by the Covenants but by Law according to the 24. Article The writing came forth not in the nature of a scandalons Libel but under the title of an Apology and so that the Writer seems to have publisht it not to rail upon the King and Kingdom but to defend himself and his cause and to maintain his reputation Especially seeing it was opposed to another writing which the King had set forth in print before purporting the charge against him Whereby since the King had committed that cause to the judgement of the world by a publick accusation and as it were challenged him it appeared not how he was guilty of a scandalous detraction while after the pattern set before him he was willing in like manner to expose the necessity and subject of his defence unto the world and if he desired to be thought an honest man he could not decline that way of publick judgement begun by the King They do him wrong to object that any thing was done or omitted otherwise then the common cause of Kings the rights of Commonalty and the merits of the fact required while that was offered in Swedland which is agreeable to the order of judgements and tenor of Covenants both which was neglected and scorned by the Danes withdrawing the matter in question from a legal inquiry of truth and intending all things not for administration of justice but the satisfying of passion which ought not to be admitted by a just Prince studious to observe agreements Forasmuch as relates to Memmius Burin her Majesties Secretarie in the Dukedome of Bremen the King of Denmark doth indeed tax him with an undue departure but hath not yet made it appear to be so When Peter Juel the Danish Resident in the Court at Stockholm gave notice thereof her Majesty commanded him to repair into Swedland to answer for himself Upon which summons he appeared as relying upon the integrity of his conscience upon his appearance he produced causes why there was no reason to believe such an imputation against him And when the grounds and arguments of his defence were communicated to the Resident he offered nothing to the contrary but rested content honouring him with his table and conversation as a person guiltlesse and giving him hopes of re-reconciliation When the same man was presented by her Majesty in right of the Directory of to the Secretarieship of the circle of Lower Saxony he entred upon and persormed that Office the King of Denmarks Ambassador being present and moving nothing thereupon Neither did the Queen supersede the inquisition which shee committed to certain Counsellours and other Officers of the Kingdom to see if there were any ground why he should be accused discharged of his Office and punisht but no salshood or crime could be discovered Thus much onely
that which is first laid down That it is the Custome of Sweden to begin Wars without warning In the Record of times there are not a few examples extant of War proclamed even against the Danes If ever it was omitted there was reason for it since neither the Law of Nations requires it alwayes as necessary nor is there any need of it either when wrongs are done which nothing but taking of arms can right or that blow is ready to be given which must be prevented by a quick providence The Aggressor denounces the War and he is beforehand in sending the Defiance who makes the necessity of repelling the Adversary and defending our selves As it happened in the last War with Denmark although even then proclaming was not altogether forborn It is for want of experience that they call this a Barbarous and Turkish Proceeding It might with more reason be called Danish when lately the King of Denmark before any solemn found of Trumpet used violence and hostility upon the Swedish Ships and Subjects Then they say That they ought to fear now what hath been done heretofore But how can they fear unless they have done those things now which deserved the justice of revenge heretofore whereof truly they make themselves both conscious and guilty by this very objection That panick fear of their Subjects which is mentioned shewed not its effect before the King of Denmark had openly taken arms so that it proceeded from his actions nor from any of the Swedes After his injuries and affronts put upon a warlike Nation no man could expect so long a forbearance and impunity but ever one might wonder with what patience gentleness and curtesie that Nation laboured though in vain for peace and friendship They allege something of a debate and perswasion to take arms against the Danes but without proof If any such thing were it became harmless and ended without effect The event makes it clear that the Counsel inclined not to that opinion who if they had had as good a will as they wanted neither cause nor power certainly it had been both nearer and easier for them to fall upon he Danes then upon the Polanders Whoever shall observe in what manner they have prejudiced and abused the Kingdome and its inhabitants will believe we had cause enough to prosecute our defense by the Sword And it may be the Chancellors words reflected upon that if ever they were spoken But since nothing bath been hitherto attempted by force and arms they claim another interpretation and furnish a stronger argument of a purpose to maintain Peace and Covenants then to strike fear into any one Which neither may be sufficiently grounded upon the words of I know not whom implying an intent to make up the losses of the Polish War upon Denmark Such language might haply fall either from freedome of private discourse or from the observation of what the Danes were contriving or from the conjecture of that necessary defense which would follow thereupon But how doth it advantage this case to charge the Covenants of Bremsbro with injustice An absurd accusation and void of all appearance of right when the Danes at that time deserved far worse for the injuries they had done the damages they had caused when it was just to impose such terms by the Law of Victory when of those places that were gotten by the right of the Sword a few onely retained more were restored when the agreements were solemnly ratified when ten years silence had confirmed and consecrated then amongst the Monuments of Friendship when the Danes owe their safety and quietness to nothing else ever since Nay it is well known and will be made good out of the Danish Record that the Commissioners whom the King of Denmark on his part appointed for that Treaty had power to yield up many more Territories namely Schoneland and other places so that it is manifest he was willing to part from more then he did to buy a Peace And it would become the Danes better to render thanks and praise for Swedens moderation in so great good fortune then to complain of quitting less then they would have been content to do Hence they had no ground of fear if they had persisted in that faith with which they were willing to be bound While they themselves are guilty of the breach they endeavour to arreign Sweden for it not onely without any proof at all but without probability to pitch upon any particular action But they are convict therof by the confession they make of those wounds of past hostility not yet cured and confirmed the memory and smartness whereof they promised to bury and extinguish in a firm peace but with what integrity the world now sees when their present actions declare they only laid it up in a sullen mind and alwayes intended a revenge The example of the Popish War is vainly alledged to strike a terrour upon the Danes unless they will acknowledge themselves like them partners of their enmity and guilty The just and necessary causes of that Engagement are elsewhere set forth and proved already It is a weak and senseless objection that the King of Denmark labours now to disapprove that which he openly approved before by wishing good success and hinting some other particulars certainly when he was acquainted wih the motives thereunto in a friendly way he shewed not so much as a gesture that imported a dislike As long as the arms of Sweden were imployed there Denmark had reason to think it self the more secure nor ought there to be any fear when that should be brought to an end because their security as a mutual benefit of friends would stand more stedfast then upon the League and Covenants of amity But besides what is discovered by the compunction of their own ulcerated consciences all other things that are forcibly drawn into arguments of fear are vain and groundless He that looks more narrowly will find that it is meer envy against the acquisitions and enlargements gotten by the prosperous Arms of the Kingdom and against the glory of the Naiton that makes up the Alpha and Omega of their quarrel while they reflect but little upon that piety which should teach them to judge aright and attribute the successfull issues of War to the hand of God as one that gives sentence from above the Lord of hosts But although indeed there were some cause of fearing upon what account can War be derived from thence Fear gives us no right but to prepare by way of caution or if violence be offered by way of defense The Licence which the new Danish Law of arms maintains of breaking in upon another mans possession of tying their horses as they say to their neighbours hedges is as improperly applyed where there was no enemy to resist and where all was peaceably and friendly as it is contrary to the general rights of the world They that being truly possest with fear are allowed no more
if Certificates were not instantly ready in the Sound which they would have to be sent thither and wait there but were prevented by the prosperousness of the voyage they would not allow time to expect them nor a harmless stay in a common road till they were brought but the space of twenty four hours was set within which if they were not exhibited neglecting and refusing their intreaty for a suspense till the arrival of the ordinary post Custome was demanded with threats to be carried away into the port at Copenhaguen when notwithstanding the shewing of them was not limited to a certain time in any of the covenants yet was usurped here in the open Sea and upon the coast which ought to be free from every man If any thing was found in the ships besides what belonged to the Swedes under that pretense even that also which was theirs contrary to the Law of the covenants was made obnoxious to visitation which the said covenants did generally forbid with a twofold great inconvenience following thereupon for first that examination was differred till all the other ships were visited the ship being in the mean while hindred a long time from her intended voyage secondly the making up of the accounts was committed to some citizens under a charge and expense which they call writing and counting money sometimes greater then the Customs themselves When these things were not sufficient for their designes in the year 1649. by a treaty of Redemption as they call it concluded with the States of the Vnited Netherlands whereby they did as it were rent or farm the Customs the Danes committed far more intolerable breaches against the covenants To say nothing of the many and great prejudices which were hereupon exercised upon the liberty of the Baltick Sea and the ancient Royalties of the Northern Kingdoms by this covenant of Redemption there was obliquely intended against Sweden an imposition of that custom and molestation the right or duty whereof that Crown had nevr consented to bring upon its subjects nay thereby they aimed almost at a totla abrogation and voiding of the agreement of Bremsbro Ships and goods were charged upon another account in Holland and several wayes in the Sound In Holland under pretence of haven-right the freedom agreed and establisht was not allowed to those that arrived there in the Sound vessels that were passing to other places were not dismist upon shewing their Certificates at the custome house Office as the express words of the covenants run but they were remitted to shew them before the Holland customers and if they refused so to do made customable detained and punisht subject also to their vifitations examination troubles and Law-suits if any Swedish commodities were fraighted in Holland ships as if their liberty from thenceforth ceast Whatsoever these men imposed ours were forced to suffer Thence came burdens and charges to be doubled which ought not to be single The inconveniencies whereof the Queen explained in two letters the tenth and seventeenth of May 1651 25 N. 25. and 26 N. 26. which shee writ with a desire to remove them We will not detain the reader with a recital of the arrests processes impositions nay seisures after they were out of the Sound detentions and confiscations wherewith the Swedish ships and goods have been molested ever since The Danes themselves are not ignorant hereof when more then once a just and better observation of covenants hath been required at their hand for these very causes sometimes the injurie hath been confest and restitution followed sometimes also but a reparation of dammages and an amendment of exorbitancies promised Some mention thereof you will find in the grevances presented to the Danish ambassadours at Stockholm 1653. (27.) N 27. you will find their acknowledgement of the injustice by their answer the 14. of March (28.) N. 28. and by the Swedish commissioners reply the 28. of March (29) N. 29. which things are further witnessed as well by their ill observation of covenants alledging grievances to no purpose and without proof as by their endeavours to hinder and destroy the Swedish commerce That after the last peace with the States of the united Netherlands something was concluded or offered to free the Swedes absolutely from exactions in the Sound is untruly urged There was no need of that long before when the Swedes many years past had publisht and both by their publick writings and at last by arms defended this judgement against the Danes that they had neither right nor reason to exact a chargeable custom for a passage onely without any benefit of landing in the open Sea whereof that stait is a part Nor is it unknown to the world that when the Hollanders would endure that slavery no longer they rather invited Swedland then we them to a league for asserting the common liberty so much opprest by the Danes From this point the Danish papers go on to that cause which past between the king and the Lord high Steward of Denmark or Rixhofemaster Corfitz Vlefeld objecting that it was contrary to ther peace that he was entertained in the Kingdom of Swedland that he obtained a safe and not the Royal favour that he was neither delivered nor expelled at the request of the Danes All that upon this occasion relates to these times wherein the most Serene Lady Queen governed the Kingdom of Swedland Both her Majesty (30) N. 30. and the Counsel of the kingdom of Swedland (31) N. 31. answered to the letters of the King and counsel of Denmark written upon that subject From whence it appears that as they would not be engaged in the cause so they could not deprive an unconvicted person of the right of protection And when after that declaration of right and equity they insisted no further at that time they have no pretence to take up that now as a cause of making war against his Majesty which was done in the raign of another To receive a man into security who is fled from his own countrey not by reason of a legal condemnation but for fear of his adversaries is not against the law of nations but suitable to humanity full of examples amongst princes and nations and agreeable to the covenants between the Kingdomes For in those concluded at Stetin 1570. For the peace of the kingdoms it was mutually resolved in the fourteenth Article (32) N. 32. as the words bear it thus That such of the Nobility or commonalty as should fall into the Kings displeasure for a fault laid to their charge if to avoid his indignation they should retire themselves out of one Kingdom into the other and desire to partake of the rights there then they should enjoy safe passeport that other Kings security peace and protection but that the King whose subjects they were might administer legal execution of justice against them according to allegations and proofs The Danes accusing of us for the reception of
When therefore under pretense of loyalty as it were due to the King of Poland but not so punctually observed heretofore if we may believe History they thought fit to use hostility and run upon furious affaults all that was lawfull against enemies might justly and deservedly fall upon their heads And seeing it were but justice to destroy them being so obstinately implacable why should it be reputed a crime to straiten them onely to bring them to repentance That which was done in order to the stopping one of the streams of the Weyssel near this City might indeed be interpreted as an inconvenience to a hostile place that would not be reduced to reason the care of its own safety but not as the destruction of Trade since there might be a more commodious passage at another branch of the same River Yet was there nothing committed in that particular which did in the least swerve from the Laws and usages of War The reproof of this liberty granted to every man by the Law of Nations seems strange since the Kings of Denmark have alwayes used it when they are engaged in Wars and he that raigns at present doth use it against Cities and Territories situate in Germany under the protection of the Empire which he doth not onely exclude from freedom of Trade but oppresses them with depredations and great sufferings both at home and abroad and terrifies them with the fear of greater When before the last truce Sweden waged War with the Polanders the Seas lying before the City were possest passages by Sea and Land blockt up greater Customs imposed and yet neither he nor any other Kings and States of Europe did then make that quarrel theirs nor look upon it as the common cause onely one or two desired some particular things for the liberty of their own Nation And when things returned to their former posture by the Law of Nations nothing was offered further in opposition thereunto much less was that judged to be a cause of disturbance or an unjust hindrance of traffick It is certainly fresh in the memory of many yet alive how the most glorious King Gustavus the Great interdicted Commerce not onely with Dantzick but with other Cities also under the Kingdom of Poland by Edicts publisht and set up in every place those that were concerned not gainsaying this proceeding because they had alwayes done the same as well they might by the Law and custom of Nations How this mans father Christian the fourth judged otherwise both of the justice of such actions and their suitableness with friendship we have drawn up severall evidences When he had Wars in Germany and distrusted his own power to withstand the Imperialists then aiming at the mastery of the Sea he invited the most invincible King by Letters written the 12. of September 1627. (43.) N. 43. that with his Fleet he would watch over the Ports of the Cities of Germany lying upon the Baltick Sea and in exchange for that courtesie freely offered both his help and a prohibition against the Navigation and Trade of the Dantzickers He set forth a Proclamation the 25. of March 1628. forbidding all Commerce and Navigation to and with that City under pain of confiscation of Ships and goods (44) N. 44. Then by other Letters of the 14. of May in the same year (45.) N. 45. he promised that he would not permit any Ship going to or coming from Dantzick whether it belonged to that or any other place to sail come or pass in or upon the streams of his Dominions if the Customers of Sweden did not by their Passes signifie that Custom was paid In consequence whereof be gave Commission to seise upon such Ships and goods as far as his power and command reached That which the Father approved by the Law of War and as a good friend and neighbour assisted the Son hath made a cause of War which cannot be just if the Law of War have any force But what right can he have to forbid that such actions should be done even by the common Law of Nations against a City in Arms He complains that his Customs are decreast by that means But as yet there appears no such right in those very Customs that their diminution should warrant the making a War upon others Besides care was taken that they should not be diminisht For there was left a freedom of Trade inserted the second time into the agreement of Elbing If that proved without effect the fault is to be laid upon the stubbornness of the Citizens and the corruption of the Danes not upon the King of Swedens intention If the Danes received any disadvantage thereby it is submitted to judgement for giving reparation if any damage accrewed whether it was fitter to make War upon his Majesty acting according to the Law of Arms and yet in the mean time leaving and offering the freedom and security of traffick or to reduce a disorderly City to reason The first could not rightly be done against him who onely made use of his own right the latter by his fathers example ought to have been prosecuted against them who disdainfully rejected a liberty which was determined by agreement But if the Danes will take this for a sufficient cause of war that their Customs are grown lesse by reason of others wars as no war either by sea or land can be managed without such intervenient prejudice so no nation can ever be secure against them because they will never want such a pretense The granting of this principle will be an occasion and pretense of hostility against all men and as it were a tacite submission to their arbitrement of peace and war to the infinite wrong and prejudice of the European world From whence they will proceed to a lusting desire of prescribing and limiting Navigation and Commerce whilst others are at war of giving Law to Kings and States of taking away and hindring their liberty and all right of war That which is contained in the 42. Article of the peace of Bremsbro (46.) N. 46. concerning this City affords nothing to move the King of Denmark to a just indignation for this very reason because the right of War is exercised upon a City subject and aiding to the Polanders That place hath no obligation to assist or defend them nor any power to prohibit Sweden from vindicating its own Rights by the Sword Such accidentall and accessory inclusions were never of that value and authority amongst Nations that either the principall Leagues should be judged broken by actions against parties so included or the rights of War abolisht by any other causes The clauses there inserted are impertinently urged here as if his Majesty had thereby lost his power of Military right against enemies and their Cities especially when those Cities do not forbear hostility By common interpretation covenants are alwayes so to be understood if things continue in the same state the alteration whereof dissolves
the force and bond of the covenant When war was composed by that peace provision was made that no revenge should be exercised upon the Dantzickers for what was past not to excluded actions of peace or war upon other accounts for the time to come which indeed holds as little correspondence with the intention of covenants as it doth with reason Neither doth that agreement allow them any other security then they had before in the time of the truce the end whereof reduced the City to its former condition under which it lay before it was assaulted by arms that is subject to pay Customs and to undergo the sufferings of War if the like occasions happened again For as much as they had not a perpetuall peace but a truce onely with the Kingdom of Sweden the conditions thereof failing it must needs expire In that Article of Bremsbro there was nothing changed therein nor enlarged to further time nor was it so much as debated But supposing they ought to have had a more ample security yet had they forfeited the same by their miscarriges their conspiring with the enemy and declaring themselves so against the Swedes Neither will any discreet man show himself so unreasonable against Sweden as to impose upon it so great a sufferance of injuries against the law of Arms and the practice of the world That others were prohibited Navigation and their ships or goods taken from them in the open Sea is a charge that wants example as well as credit Just as such things are faid to have been committed against the Danes without the particular mention of any fact The forbearing to name circumstances both here and elsewhere is an infallible Argument that there was no such matter when upon other occasions the least puntillio's are not omitted It is hereby made manifest how distant from truth and justice those things are which are vented in the Danish Papers Nor is it lesse obvious to those that consider impartially that by the true law of Arms the King of Denmark hath no just cause at all to make War upon a King his neighbour his friend his kinsman and of the same Religion While for the making a colourable pretense of arms he rubs over those things which happened before the last Peace and were composed by this he discovers the past thoughts of his heart hitherto dissembled that he intended not a faithfull and perpetuall League nor such as should last any longer then till he had strength and opportunity to break it When he alledges such things as either appertain to others and are without the sphear of his vindication or being done in the time of the most Serene Queen were not allowed by his Majesty now reigning as almost all those points are which make up the grosse of his objections he shows to what straits he was put to rake together incongruities against his Majesty while he wanted wherewithall truly and justly to upbraid him And seeing those things had been partly buried in long silence before nor for many years together accused so much as in word before the Peace was broken and partly debated in friendly Treaties without any signification of distaste or offense seeing also there continued all the while frequent and repeated testimonies of good neighbourhood and affection by letters and Envoyes it is manifest that he had no faithfull and sincere intention to maintain peace and friendship but reserved a perpetual discontent and close hatred in his heart having been quiet hitherto for no other reason but for want of power to offend and under that cloak waiting for an occasion seeking revenge and plotting mischief against Sweden when he thought that he had gotten what he lookt for while his Majesty was incumbred with a War against the Polanders and Muscovites two potent enemies when either he found or made his Majesties friends faithlesse to him was provoked or did provoke others to confederacies against him being perswaded that Sweden had not strength enough remaining to oppose him or at least that all their force would necessarily be imployed in other Wars then he broke the peace and flew out into hostile invasions and the proclaiming of a War But hitherto his hope and opinion hath failed nor will his successe prove better then the reason of his engagement As the defigne of this War began without just cause so it was carried on without just means rashly and inconsiderately But the Common Law of Nations it is held unjust to take up Arms before the tryal of an amicable composure But that was so far from being sought after by the Danes that it was absolutely rejected even when offers were made to knit faster the bonds of friendship and neighbourhood and if there were any controversie to bring differences to a fair and equal account Besides by the agreements made heretofore at Stetin betwixt the Northern Kingdoms and confirmed by the late Peace in case any controversie should arise there is extraordinary caution used to hinder the taking of Arms and a way of proceeding set down (47.) N. 47. which the King of Denmark should have observed nor indeed could he neglect the same without the forfeiture of his faith when the Swedes had made it appear that if there were any grievances they ought to be redressed by that method yet he neither did nor admitted any thing agreeable thereunto The pacification also of Germany in the Instrument of peace at Osnabrug contains the manner of proposing and determining incident controversies with a severe and solemn prohibition under the penalty of breaking the peace against beginning a war upon such accounts Yet the King of Denmark not caring for all this hath done nothing of that which was desired but presently thrust his sword into the very bowels of Germany Seeing therefore no war is just but when it is necessary what can be more unjust then that which had not begun if he could have bridled his revenge and his blind ambitious defire of making not Sweden onely but all the world tributary to him in the Sound But he might have forborn it if he had not perversly rejected those things that were treated and brought to conclusion concerning the preservation of peace and making a League without any probable reason onely out of the presumptuous perswasion of his strength and the opportunity When you look upon the Danish demands you will find such things proposed as by their impossibility sought for nothing but an occasion to break off the Treaty They were such as were never heard of before unworthy of Kings nay grossely absurd The scope of the Treaty was the strengthening of friendship and confederation and yet they desired to have those covenants dissolved by which peace friendship and safety was restored to and did continue amongst Kings Kingdoms and Nations It was under deliberation how the Sea should be kept secure and free and those things which Sweden put in execution to preserve the same according to the tenor of the Covenants