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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A51765	A manifesto, or, An account of the state of the present differences between the most serene and potent King of Denmark and Norway Christian the V., and the most serene Duke of Sleswick and Holstein-Gottorp Christian Albert together with some letters of the King of Great Britain, the King of Denmark, and the Duke of Holstein-Gottorp, concerning a mediation in these differences, which the king of Great Britain most generously offer'd, and the king of Denmark refused and slighted : as also some other letters of the Dukes of Brunswick-Lunenbourgh, the emperor, &c., whereby the calumnies of a certain Danish minister are plainly detected.	Christian Albrecht, Duke of Holstein-Gottorp, 1641-1695.	1677 (1677)	Wing M428A; ESTC R12344	65,710	126

Perfidiousness To prevent which let a full and quick Restitution take away this illegal Sequestration 15. The King caused this Sequestration of the Dukedome of Sleswick to be Proclaimed with a Threatning of Deprivation It is apparent from what has been said that this Sequestration is such executed with that Rigour as if the Duke was actually deprived and devested of the Dukedome of Sleswick though this Deprivation be as unjust and violent as the Sequestration How can the Authors of such Counsels be sufficiently wondred at by those that remember that a Fief is a Contract obliging both Parties and that the Obligation between the Lord and his Vassal is as reciprocal as that between Husband and Wife saith Cujacius Therefore as a Vassal promises to his Lord upon Oath to perform truly safely securely honestly well c. so also doth the Lord to the Vassal and is oblig'd to fulfil it if he doth the contrary he is declared of no Faith Perjur'd and Perfidious by the Feudal Longobardick Law 2 Feud 6. Thence it is that all Felony which deprives a Vassal of a Fief d●prives the Lord also of the Propriety thereof if committed by him and confers it upon the Vassal most especially if the Lord spoils him that holds a Fief from him of his Forts wherein he may keep himself secure much more if the Lord demolishes and destroys them to the ground If he uses the Vassal and his Subjects ill charges them with Imposts and Taxes and Pillages them if he lays Siege to the Vassals Castle or other his place of habitation If the Lord bereaves him of the Fief by his own Authority without cognizance of the cause and judgment thereupon or if judging the cause himself he alienates the same For though the Lord accuse his Vassal of having done some act deserving Deprivation yet he is not to be absolutely believed though he be a Supreme Prince saith Vult●j●s lib. 1. c. 11. n. 55. In a word to repeat the proper Terms of the Law If the Lord enters into the Fief by a bad way that is to say as Baron Schenkius explains it ad lib. 2. F●ud Tit. 22. sed Si vero Vassallus If he breaks i 〈…〉 o Possession not by the way of the Law or Justice but by Violence For in such a case if he refuses wholly to restore the Fief and what belongs to it he may be forced to it by the way of Arms. And therefore if the Lord and Vassals are to be judged in the same manner according to the opinion of all Feudists certainly the King of Denmark hath lost all his Right long before if he had any in that part of the Dukedom of Sleswick which belongs to the Duke of Gottorp and the Duke ought to be Restored against the King according to all Laws 16. For the Duke of Gottorp having received this Dukedome with the greatest Right and in the most absolute manner free from all Vassalage and obtain'd and kept at a very chargable rate the Soveraign Dominion thereof by the so often repeated consent of the King and States of Denmark the unjust Convention at Rendsbourgh cannot savour the King of Denmark's cause in this nor take away the least part of the Dukes Soveraign Power in the Dukedome of Sleswick This forced Agreement his Majesty himself having not a little receded from and first broken by demolishing the strong Towns in which by this very Agreement he was only to put a Garrison for a while and then to restore them carrying away the Dukes Ministers Prisoners who had already bound themselves to the King by the Allegiance he required from them reducing the Dukes Subjects to the last extremities though his Majesty had promised before that not a Hen should be touched and other like things by which things his Majesty seems not to desire the said Treaty should remain in force 17. Lastly an entire Restitution being the common refuge of Princes and Commonwealths to which they have recourse in their Afflictions the Duke of Sleswick cannot be excluded from this Priviledge of all Mankind For though in the Commonwealth of Rome Restitution was to be demanded from the Pretor within a certain time this and the like are only Pleas of the Civil Law Restitution absolutely considered is grounded upon the Principles of Equity which takes its Original from the purest Springs of the Law of Nature and is so much the fitter for injured Princes and free Nations as it is more important to provide for the safety of Commonwealths than of private men For why should not a Prince as well or rather than a private Person be restored unto all his Rights if he has been deceiv'd or injur'd by fraud force unjust fear or the like Certainly there is no reason against it Equity requires this remedy for both Neither is it limited to these alone but it is applicable as often as there is any cause of Restitution L. ● ff de restit in integ Natural Equity it self requires that a man deceived in any thing where others ought to have proceeded with sincerity be fully restored especially since by such deceits whatever is done is anaulled saith a great Lawyer Now who must restore the Duke unto all his Rights What hath been said before doth furnish us with an answer The King of Denmark who has unjustly injur'd the Duke is beyond all others obliged to do it in the Court of Equity and Conscience which demands as ready an obedience as the King himself doth from his Subjects For those that do an ill act knowingly or are instrumental to it are to be put in the number of those that cannot go to Heaven without Repentance And true Repentance requires absolutely if there be time and power that he that has done the Injury make satisfaction for it Grot. lib. 3. de J. B. P. c. 10. n. 3. 4. From whence it appears too that the King ought not only to restore what he hath extorted from the Duke at Rendsbourgh and afterwards but make good also those damages his Highness and his Subjects have suffered by the War and the occasion of it What if the King of Denmark for reason of State excepting against this Court refuses to restore the Duke First I say that the great God is Judge and the truth of his word will not so easily wear away as the Danish Coyn upon which it is stamped Besides the King thereby would give the Duke just reason to endeavour to right himself If an unj●st fear caused by another has forced any one to make a Promise he that hath promised may demand Restitution and if denyed may take it himself Grot. lib. 3. de J. B. P. c. 23. n. 2. When any one demands satisfaction from his Fellow-Subject the Authority of the Magistrate must be employed as Superiour to force the Inferiours And so in the Commonwealth of Rome the Pretor having heard the cause was wont to order Restitution But when a Prince must be restored

will find that the English Ambassador who Resided at that time at Copenhaguen was unknown to the King of Sweden brought to his Majesty by the Danish Commissioners and by them Sollicited to employ his utmost endeavour for a Peace It appears from hence that all Our Complaints of the great Injuries We have sustained by the Danes are just and that We never designed any thing to the Kings prejudice but that what may perhaps have displeased his Majesty was solely intended for the defence of Our House and Dominions which is every way lawful and therefore VVe are most unjustly reproached of intending and having such pernitious Designs since we have only sought for a lawful Defence against an unusual Domination and Oppression VVhich things being thus as your most Serene Majesty may be more particularly informed by a deduction we have lately caused to be Printed of this whole Affair or by Our Envoy Extraordinary Residing in London we hope nothing will appear more reasonable than that we should be admitted into the Treaty for an universal Peace and that your most Serene Majesties Mediation should not be rejected by the King of Denmark especially since he seems willing to admit of the good Offices of other Princes of the Empire Neither will their Objection as if the matters between the King and us were purely Domestick be any ways material seeing it is known by all the world that a Peace confirmed by so many Protestations was broken and no regard had of any Domestick considerations and therefore your Majesties Mediation is declined for no other reason but that which makes Criminals fly from their Tryals For your Majesty will by what follows see how improper a Jury of Sixteen men as they call it is to decide this Domestick business In the year 1533 a Treaty was made between the Kingdom of Denmark and the Dukedom and between the Princes and States of both which usually bears the name of the Vnion and among other things a certain form of Judicature was agreed upon according to which all the Controversie that should arise between the two Princes or between them and the States ought to be determined viz. That the differences between them should be left to the Arbitration of Sixteen Counsellors to be in equal number named by both Parties And though by the Articles of this Treaty a very ample power seems to be given to these Judges of examining and deciding all sorts of causes yet we do not remember that ever disputes of Moment and about the Dukedom of Sleswick were brought to them but they have always been left to the Mediation of Forrein Princes For there is not only not a word in this Treaty by which it may appear that these Princes have renounced all other Judgments and Arbitrations but the express words of it as well as the usage and custom which is the best interpreter of Laws and Treaties have confined the Power of this Tribunal of Sixteen men to affairs of lesser importance That is to say when the complaint concerns any Lands or private Subjects Therefore not long after the Vnion made several Transactions have been about the Fief of the Dukedome of Sleswick first at Coldinga 1547 and then by the Interposition of the Elector of Saxony of Vlrick Duke of Mecklenbourgh and William Landgrave of Hesse at Odensea 1557 though nothing was then agreed on but at last 1579 in the same place it was expresly provided by a solemn Convention That if there should happen any dispute about the Succession to the Dukedom of Sleswick which was not decided by this Transaction the Dukes of Sleswick should either themselves or by the help of other Princes and Friends endeavour to compose the same or that it might be determined by a Judicial Sentence Here is no mention of this Judgment by Sixteen men but rather all Controversies that may arise about the Dukedome of Sleswick are in express words exempted without any contradiction from the States And therefore the question about the Soveraignty is so much the less to be referred to their determination because in that Age wherein the Vnion was made such a thing was not so much as thought of and therefore its Articles cannot extend to affairs of this nature and which are wholly above the condition of Subjects And though we can without prejudice to Our cause allow that sometimes feudal differences about the Dutchy of Sleswick have been left to this sort of Arbitration which it seems may be done by the consent of both Princes yet there has happened so great a change in the Danish affairs and Ours that we cannot be forced to consent thereunto against Our will and the like Controversies can no longer be debated there at least without great inconvenience because such Constitutions remain only in force so long as the state of publick Affairs is the same and unalter'd which being entirely changed as well in Denmark as in these Duckedomes and all the Power of the States of Denmark being devolved unto the King and in his hand and there being no such thing now as Senators of the Kingdom who had great Authority when the Vnion was made it is not reasonable his Majesty should sit as Judge in his own cause and that a matter of so great moment should be submitted to the decision of those who for fear of the Kings Power or to gain his favour may be so much byassed that Our loss may be irreparable And therefore seeing that amongst free people and Princes it has been always allowed to refuse to stand to the Arbitration of a Judge justly suspected and that this present conjuncture of Affairs as well as the Transaction at Odensea shows Us another way VVe earnestly desire your most Serene Majesty will endeavour to prevail with the King of Denmark that Our Differences may be Treated of at Nimeguen that so We may find some Remedy abroad for those vast Damages and Injuries VVe have sustained and received which VVe cannot hope for at home For as the Peace at Roschild was made by the Interposition of several Kings and States so it is of publick concern that it should be restored and confirmed by the like means All who think themselves injur'd contrary to the Treaties of Westphalia Roschild and Copenhaguen have liberty to come to Nimeguen And why should VVe who are oppressed contrary to all these Treaties be hindred from it At Nimeguen a general Peace is Treated of why should our cause then not be admitted there who have without all reason suffered most grievous injuries from the Danes and been almost undone by them We suppose the Objection is not considerable that none are to be admitted there but those who have joined their Arms to either of the Parties now in War For if those who were in a condition to resist Arms by Arms and return Force by Force are admitted with how much more reason ought VVe to be received who being deprived of all Our Arms and other helps

against another Prince that is Soveraign as well as he and his Equal the injur'd Prince or any for him may perform the Office of Pretor use all means to procure a full and ample Reparation of his damages If the Duke of Gottorp is not strong enough to do it himself all Christian Princes and Commonwealths must make this cause theirs and employ all their Power to restore him For Wars may be undertook not only for Friends and Allies but for men as such if they are barbarously injured Grot. lib. 3. de I. B. P. c. 25. n. 1. seq And who is more injur'd than he who by a Cousin of the same Family his near Ally and Brother against his Faith so many times sworn is so ill used as to be deprived of all his Authority and Dignity Therefore since other Princes are not a little concerned when the condition of any Prince is brought so low contrary to all Justice and when perhaps his entire ruin is endeavoured especially if these base Counsels proceed from Ministers who in their actions and speeches have no regard to the great Asserter of Faith and consequently less to Faith it self the foundation of Justice and the tie of all human Societies all Princes and States ought first of all to take care that Faith be kept inviolable and Treaties and Contracts between them be not violated lest this tie of Friendship and Society being broke the world should fall into confusion by their c●nnivence before the time decreed by Divine Providence And those Princes and States are chiefly obliged to take care of this Restitution who have guaranted the Treaties between the King of Denmark and the House of Gottorp and have signed the Instruments of Peace between Sweden and Germany and that of Roschild and Oliva engaging for the performance of them in such terms and expressions that if they were meant as they are set down which is not at all to be doubted no man but will believe they intend to perform their Promises And to induce them thereunto without any delay let the great danger of this example and the greatness of the Injuries be considered and that it is also the earnest request of the Duke of Gottorp who is every day more and more oppressed with new Injuries And since amongst these Princes that are Securities the good will of the most Serene and Potent King of Great Britain towards the House of Gottorp appears above the rest his Majesty having not only engaged himself with other Princes and States for the preservation of the Peace at Roschild and the Treaty of Copenhaguen made between the King of Denmark and the House of Gottorp soon after that at Roschild but having also passed his word and Guaranty for the Soveraignty yielded by the King and Kingdom of Denmark to the House of Gottorp and most especially his Majesty being now the Mediator of all publick Differences Give us leave most Potent King to let all the World know this great affection of your Majestie 's towards the House of Gottorp and to put you in mind of your special Engagement to our Duke for the Soveraignty of Sleswick which you can as easily make good as you were pleased to engage for it that you may be known for as great a Defender of the Civil as of the Christian Faith and in judging the Differences between the King of Denmark and the House of Gottorp or disposing all things to a Peace make use of that Equity and Moderation which may prove a Remedy to the Injur'd a Defence to the Oppressed and a Reward of Eternal Glory to your Majesty and the Noble People of England THE ARTICLES Of the TREATY at Rendsbourgh KNow all Men to whom these Presents shall come That whereas for the common Security and Safety several Treaties of Union and Conjunction have been heretofore made between the Kingdom of Denmark and the Dukedoms of Sleswick and Holstein which have been renewed augmented and changed according to the Exigence of times and that the most Serene and Potent Prince and Lord Christian the V. King of Denmark and Norway Goths and Vandals Duke of Sleswick and Holstein Stormar and Dithmars Earl of Oldenbourgh and Delmenhorst and the most Reverend and Serene Prince and Lord the Lord Christian Albert Heir of Norway Coadjutor of the Bishoprick of Lubeck Duke of Sleswick and Holstein Stormar and Dithmars Earl of Oldenbourgh and Delmenhorst judging it very necessary in these dangerous and troublesome times that such Treaties of Union be renewed after the Example of their Ancestors and be accommodated to the present condition and State of their Kingdoms and Dominions And his said Majesty having appointed on his part Here the Names of the Kings Commissioners were inserted and the said Duke on his part Here the Names of the Dukes Commissioners were inserted and the said Commissioners having accordingly met together have agreed upon the following Articles I. As his Royal Majesty and his most Serene Highness do Govern joyntly the Dukedom of Sleswick and Holstein and the Countries incorporated therein so they shall both endeavour according to the Contents of the former Treaties of Union unanimously to direct all their Counsels for the safety and augmentation of the said Dukedoms and to preserve them from all damage danger and detriment II. Therefore as often as necessity shall require it or any danger seems to threaten these Dukedoms they shall both do all they can by united Counsels and Forces to prevent it and if the thing comes to a War let no Truce be made nor Peace contracted before the danger be removed from both their Heads and satisfaction be made to both by the Enemy and the publick security provided for III. And as therefore his Royal Majesty by this takes entirely upon him the Guaranty and Defence both of the most Serene Duke and the part he has in the Dukedoms so his said most Serene Highness promises again that as often as his Royal Majesty shall be necessitated to draw Forces from his Kingdomes for the defence of these Dukedoms and the Countries incorporated therein or shall be in War against any Forrein Prince whosoever he be none excepted though his Majesty thinks it already his due by the Union he shall not only give him free passage through his Land and all his Towns but liberty to List and Muster Souldiers assigning them quarters and places to Encamp and helping the King with all his Power IIII. Because also during these troublesome times his Royal Majesty could not forbear by an unavoidable necessity to ask leave for his further security to put Garrisons of his own into the Forts of Gottorp and Tonningen and the Fortress of Stapelholme which his most Serene Highness has granted upon this certain hope that these troubles being over and the Peace made all things should be entirely given back and restored as they were And his most Serene Highness having made certain Leagues in which there are some things which give

exclude us from that Treaty of a General Peace at Nimeguen and consequently from all hopes of redress and lately Navigation hath even been by open Proclamations absolutely Interdicted to all our Inhabitants and Subjects of the Dukedoms of Sleswick and Holstein without affording us as Prince Regent the least knowledge thereof much less designing us to joyn in the said Publication if the same had been required We therefore have had good reason to wave the sending over our Deputies the second time again after they were thus dismissed before but rather have taken a firm resolution to get our Cause ventilated and discussed at the Treaty of the General Peace at Nimeguen with this certain hope and confidence that no Potentate concerned therein will dispute our admission in regard that amongst other high concerns the re-establishment of the Northern Peace will be also treated there which is not only the foundation of our Soveraignty over the Dukedom of Sleswick with the other advantages stipulated for us and our Family but also is an essential part thereof and stands comprehended under the undertaken General and Special Warranty Neither do we think that your Majesties Ministers in Holland have had any orders to render difficult the impetrating of the Pasports by us desired from the States General of the Vnited Provinces for our Ministers destined to Nimeg●n seeing they have not been able to alledge any thing at all which should deserve the least reflection and exclude us from the General-Treaty if we were but to be considered as a German Prince and had no concerns in the re-establishment of the Northern Peace which nevertheless hath first of all been endangered on our side But concerning those machinations discovered by a singular accident whereby as we do conceive some endeavours are used to justifie that in all points formally commenced Sequestration we have not the least cause to clear our selves in that respect before any particulars are nearer touched and it be duly made appear to us that we have been concerned in any of those Machinations represented to your Majesty However we are sure and confident that we never have been so deservedly suspected privy to any thing as that thereby just cause should have been given to charge us therewith by Potentates both within and without the Empire and to alienate their former inclination from Us and our Family much less can a Pretext thereby conveniently be taken to sequestrate that part of the Dukedom of Sleswick which with all right Hereditarily and Properly doth belong to us and to menace us with a total deprivation thereof and we do also fully perswade our selves that your Majesty will put this to the serious consideration of your Ministers who have brought this Process upon the Stage and perhaps do endeavour to assert it's consistency with the Feudal Laws That as your Majesty doubtless makes great doubt to assume a Judges part in your own Cause so neither the Sequestration of the Fief nor the Deprivation of the same can or may consist after that manner as it is intended against us although we should be indisputably oblig'd to that Vassalage of the Dukedom of Sleswick which yet saving all due respect to your Majesty we find our selves necessitated solemnly to contradict except one would presume to Act by nullities or by making no reflection upon the Law And the common Feudal Laws whereupon likewise the ancient Unions and Hereditary Agreements in case any difference as well in Feudal as other matters should arise are usually grounded do shew That not only in the total deprivation of a Fief but also in the Sequestration the hearing of the Cause before a Competent Judge ought solemnly to precede it notwithstanding one should presume to assert the necessity of a Sequestration in case the Parties shew themselves unwilling the reasons whereof nevertheless will never be made out of those pretended Machinations Having therefore pondered all the above-mentioned and such other concomitant circumstances we cannot but still keep to our resolution once deliberately taken and remit that point of our undeservedly questioned Soveraignty over the Dukedome of Sleswick with all the other alien●ted Dignities Prerogatives Territories and Fortresses as also all due and equitable satisfaction and what else can conduce to our future Security to the place of Congress for a general Peace at Nimeguen patiently expecting from God and time what Conclusion there will be made and come forth about the restoring the Northern Peace and consequently also of our Rights and Concerns But we do in the mean time very kindly and instantly intreat withal your Majesty that out of an Inclination to Justice and in regard of that desolate condition whereunto we and ours thus undeservedly see our selves more and more reduced your Majesty would be pleased till then and till the speediest God grant ensuing conclusion of a general Peace to preserve all peaceable thoughts and not to press upon us any further with the said Investiture and any other demands but on the contrary without delay to recal that unjust and ungrounded Sequestration and not only leave to us the enjoyment of all our Rights and Prerogatives undisturbed but also to take off the exceeding Contributions from our quite exhausted Subjects and to restore that part of Stadt and Budjadinger-Land and also of the Customs at Elistiet properly appertaining unto us and amicably and friendly to interpret this our unavoidable Justification and Declaration with this assurance that as we have in all Points carefully observed that high respect due to your Majesty so likewise we have intended to say or write nothing which should tend against the same All this is very consentaneous to equity and to your Majesties inbred Generosity and we shall be ready for our part every-where to praise such your Majesties kindness and with due thankfulness and all possible services always acknowledge the same most faithfully recommending withal your Majesty to God Almighty's Protection Dated Hambourgh the 16th of Jan. 1677. Your Majesties Obsequious Cousin and Brother-in-Law Christian Albrecht THE EMPERORS LETTER TO THE Duke of Holstein LEOPOLD by the Grace of GOD Elected Roman-Emperor Serene Duke c. BY these We give your Dilection to understand that We are informed how you have not only for your part approved of those proposals which were made to you by Graventable the Swedish Minister lately residing in Our Imperial City of Hamborough about certain Levies to be made in Foreign Parts and are come to a certain conclusion with him in that affair but also that your Dilection for the promoting of the said Levies hath made use of Kielman your late President 's Monys that lie there and taken thereof the Sum of 200000 Rix-dollars and that your Dilection doth employ in this affair the Swedish President Kley who hitherto hath pretended to live there as a private man and also another person named Vlke. And although We do repose a far better confidence in your Dilection than to think that you