than to provide harmless remedies for their security are condemned if they oppose present force against a future danger and undertake certain enmities upon doubtfull suspcions Cicero who was otherwise learned in the Law of Arms than the Danes was also of another opinion Who ever decreed this saies he or how can it be granted to any man without the danger of all to have right and law to kill him by whom he saies he is afraid that he may be killed himself There cannot be alleged or shewn the least syllable of threatning much less any appearance of hostility from the Swedes before the Danes drew their swords Whatsoever is objected consisteth in bare jealousies onely far from any offense or from such a danger as could deserve a repulse by a violent hand But that is not all that the Danes were fearfull they go on to reproach the Swedes as injurious against them They begin with their claim laid to the Archbishoprick of Bremen and Bishoprick of Verden The relation to whereof we shall fetch from its very first grounds These Provinces being freed from the Enemies garrisons by the glorious valour of Gustaf the Great while he waged the German War were reduced under the Swedish power only the jurisdiction and revenues thereof were restored to the Archbishop Iohn Frederick for his life as being the Kings friend and kinsman But after his death no man could make any title or pretend any right to them but they who had rescued them from the Enemy nor was there any cause to restore them besides the account of preserving friendship with the king and Kingdome of Denmark and exercising the same uon his Son by way of bounty and obligation From whence proceeded this singular gratification that they should be delivered to the present King of Denmark at that time stiled Archbishop whose claim had been disallowed by the Imperialists before nor did the Kingdom of Sweden rely at all thereupon yet upon condition of neutrality and faithfull friendship an expresse reservation being added to the Instrument set forth upon that subject (14.) No. 14. That if the Archbishop or Archbishoprick by themselves or their dependants should any way give favour and asistance against the Kings Majestie of Sweden and his Allies the Safeguard should forthwith become void and abrogated He held them for some years in a quiet posture as long as he continued in peace But when in the War which began with his father King Christian the fourth he inclined more to the sway of his private affections than to the condition of the surrender and the Covenant of Neutrality not onely affording aid and supplies out of those Territories but at last becoming a party in the War and acting hostility against the Swedes he provoked their arms against himself and from thenceforth forfeiting the right of Covenant fell obnoxious to the Law of War Ever since that those Lands were seised upon according to the Law of Arms and not onely detained by a just possession but to be considered under the Nature of things lost and obtained by the right of War Now he can hve no pretense to require them again but by vertue of Peace confirming those things to the possessors which were not agreed to be restored and naturally allowing the present possession if it were not otherwise covenanted But there was never any covenant for a restitution Indeed his demand thereof was made in the Treaty at Bremsbro but arrived neither to agreement nor promise being expresly laid aside by the 38. Article (15.) No. 15. till some other Treaties the Commissioners onely giving him hopes of their recommendation as the words import From thence the King of Denmark had no right to redemand what was gotten in the War nor the Queen of Sweden any necessity to restore it it was left in her absolute power to determine what she pleased therefore if matters were not carryed according to his desire there is no reason to complain of injustice seeing there was no pretenese of right It is a partial and groundless complaint if they say therer is any Article not fulfilled on the Swedish part Hitherto there hath appeared none amongst them to whom any restitution ought to be made according to that Article that have complained nor do we know any body that had reason to This only appears and perchance it is the thing meant That the Danish Resident in Sweden did earnestly solicite the restoring of certain Ecclesiastical Benefices but very incongruously since by the publick consent and authority of the Empire those Church Livings being extinguished together with the Chapters did no longer remain such but put o a new quality of a secular nature and past all together in Fee to the Kingdom of Sweden There is no scruple made to allow those points which were resolved about referring the cause of the Archbishoprick to peculiar Treaties That by reason of very difficult and tedious Negotiations for War and Peace at that time there happened a delay of two Moneths That Letters also of Safe Conduct fo rthe Ambassadours of a Prince in amity were not as is untruly affirmed denyed but seemed needless and superfluous it will not appear so strange to those that are conversant in affairs as it is impertinent and indiscreet to upbraid us with such passages at this time But that Negotiation came to nothing partly by the neglect of those things which ought not to be omitted or by doing what should have been forborn and partly by incident occasions which altered the state of the business When persons should have been sent in behalf of the Prince to treat upon the restitution they came to the Court at Stockholm and shutting their eyes at the justice of possession and military acquisition complained as it were of wrongs and required things as their own to which proceeding the Lord Chancellor of the Kingdome could do no less then oppose the title and condition with which the Archbishop received those lands the cause and ground of their forfeiture the incongruity of the manner used in the demand and the just reason he had not to consent thereunto All which he did not in derision or vanity of words but with VVeighty Reasons as the necessity of the Businesse and the importunity of the Demandants required Besides the Ambassadors brought a Commission with them onely to require restitution not to treat which was altogether unsuitable to the business and also disagreeable to the Covenants for it is not Restitution but a Treaty that is mentioned there When thus there was no way to begin with these men much less to conclude it was necessary to suspend the negotiation But the Danes acknowledge with what testimonies of affection all things were carried and how friendly and fair offers were made All which is vainly objected to have proceeded from dissimulation Indeed the effect followed not from their own deficiencie and false perswasion as if restitution ought to be made against the very words of the
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