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
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
treacherous designs and false colours whereof without question they understand by this time since they find the incommodities of a War so rashly brought upon them the cruelty of the Danes dangers and charges â—encreased pon them for defense against irruptions and running invasions and that the Danes are the onely cause of all these mischiefs And seeing a deliverance from these miseries cannot be hoped but by an end of the Danish vexations they will think it concerns them to oppose their attempts the more vigorously We do not adde with what fallacious and vain ostentation these things are written by the King of Denmark while every one sees the miserable condition of his own Subjects groaning under far greater burdens and inconveniencies that they live almost without justice liberty or a competency of livelyhood subject to the ambition and avarice of a few sighing and panting after better things but while the War lasts expecting little support and no relief from him and when it is ended nothing but that tyranny and slavery which he hath long aimed at At last a pretense is raked out of those things that past with the Dantzickers when yet nothing can be pickt from thence that is not justifiable by the Law of Nations and deservedly inflicted upon them nothing that the King of Denmark can pretend with equity to vindicate by Arms without prejudice to the publick The Counsel of Sweden declared as much by their Letters written by way of Answer to the Counsel of Denmark in the year 1656. (41.) N. 41. To which he replied nothing in his answer returned the 26. of April in the year following but that he excused their bold and stubborn resistance from the allegiance that City ought to the King of Poland adding nothing how it concerns the King of Denmark nor of the right that involves the Subjects and adherents of enemies and what means ought to be used against them By an old Law of Nations practiced time out of mind whereby Subjects become obnoxious to those actions of War in which Kings are engaged and are dealt withall by the Law of Arms after his Majesty had accepted of a decision by the Sword betwixt him and Poland he might lawfully invade a City subject to their power and favouring their injustices and so much the rather because it had formerly been in part an occasion of that War and whereas before the truce it was obliged to the Kingdom of Sweden to run the hazard of their fortune after the same was broken by the treachery and plots of their adversaries it ought to return to its former condition and so might most justly be reduced But though his Majesty might well enough have made it the first step of his military Engagement and had right to invade it as an enemies place yet he dealt so graciously that in regard of Religion neighbourhood and traffick he suffered his Resident and others if they would timely provide for their own quiet and safety to make them fair offers and such as were accompanied with no prejudice upon condition they would forbear hostility neither abetting his enemies with favour and assistance nor disobliging him But when they refused that and not onely entertained an union of affections and counsels with the enemies but turned all their abusive and treacherous helps upon the Swedish part all their reall courtesies upon the Polanders it was impossible to avoid the exercising of justice upon a declared enemy And yet that was done with great moderation rather to sweeten their minds and induce them to a care of their safety then to bring ruine upon their City Neither was there any stop or prejudice upon their Trade which his Majesty left free and no man excluded though he might justly have forbidden it Only he was necessitated to impose Custom but that very easie and moderate for preventing their malicious attempts and maintaining a Navy to watch against the same Which surely is not to be blamed when it hath been a practice in all ages with Kings and Nations absolutely to block up their enemies Ports to hinder the importation of Commodities and all Trading with them to punish their Navigations with the confiscation of Ships and goods Neither have any people ever suffered it to be brought in question whether such proceedings are just against the Subjects Cities and Ports of enemies When his Majesty declining the use of that right left Trading free and secure in an enemies Countrey under so small Custom he could not perswade himself any man would be so unreasonable as not to think they were bound readily to acknowledge they had a very good bargain enjoying the liberty of traffick upon such easie terms contrary to the custom of War Besides they needed not to have paid it if they would have been content to forbear Trading as is usuall in the time of hostility It is not unknown how far greater Taxes have heretofore been imposed by others without any just ground Whatever was done in this case the Law of War will justifie but that less was done then might have been appears by what others use to do which hitherto we have not practiced Much of this civility in these matters was upon the score of friendship with neighbour States and particularly of that which was thought to continue still with the King of Denmark For assoon as it was understood that he took offense thereat although none was given him that small imposition was forborn and the Fleet drawn off Moreover during the Treaty with the Ambassadors of the Lords States of the Vnited Netherlands held and accomplisht at Elbing room was left open for the foresaid City to be comprehended that in the very heat of War it might have enjoyed Peace and all its advantages and that no man might complain of any want or obstruction of Trade (42.) N. 42. Nor was it refused if the Dane had been so pleased that the same should be inserted into those agreements which were in hand with him at that time But as the King of Denmark employed his uttermost industry to hinder the ratification of the league renewed with the Hollanders so by his crafty insinuations he moved and encouraged that City rather to put it self upon the hazard of War then to enjoy peace with a continued and flourishing Trade by the agreements of Elbing Which intention of his that he might the better compass when the Swedish Fleet was totally withdrawn from before that Port he both permitted the Holland men of War to pass the Sound as it were to beset the same Port and caused his own likewise to come up just as the Treaty was brought to a conclusion The event clearly showed what he did contrary to the desire of Peace and the obligation of good neighbourhood and what effect it had in a City brought into confusion by his artifices Which Peace being first scornfully rejected and afterwards violently opposed by them made them unworthy of the benefit that had been offered
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
Subjects How then his Majesty and the Kingdome of Sweden can become obnoxious to occasion a war is neither inferred nor doth it appear By the common consent and reason of Nations particular offenses if they be discovered are to be punisht in the offenders not reaching unto Kings much less can they justify a war against them unless the sufering party have applyed themselves to them by accusation proof demand of justice and after al this have been denyed it the least part whereof is not exprest Indeed there was once a complaint made to his Majesty of Sweden about the beginning of his raign when he was ready to set forward to the Polish war but such content was immediately given them that they desired no more at that time for the Subjects were forbidden to commit any such thing as we have already declared the observation of Covenants was straitly injoyned upon them the care and inspection thereof laid upon the Resident with power to make amends where matters were clear and offering all just and usuall redresse of debate and composition in such things as required further search and considerations Now what could be desired more than this After these fair proceedings the complaint ceased as long as they could counterfeit a show of keeping peace and making a League but since they have discovered their inclination to arms and disension for want of other causes to declare the same they began to urge grievances afresh But as to that point every thing was ready to be granted that could be desired with any appearance of equity And whereas the agreement between the two Kingdomes solemnly concluded at Stetin the year 1570. renewed in the pacification of Bremsbro had appointed a certain order and method of debating and determining such things his Majesties Resident did severall times offer whatsoever was consonant to those rules onely he required that there might be no delay in the acts of the League upon any such account But when he could not obtain this desire for all the equity and advantage thereof he was ready to answer to what they could object not only waitin for but earnestly pressing a speedy declaration of particulars But then it plainly appeared that no such thing lay before them in the Treaty and that they were to seek for those pretended grievances For when the Resident both by his own industry and the assistance of the Elector of Brandenburgs Ambassador urged for a declaration of the grievances he received this answer That they would first make a collection of those that concerned the Customes but that they could not be so soon ingrossed so unready and so uncertain were those injuries which were insisted upon with so much clamour and violence Which put it out of question that the Danes had made their former complaints without any certain ground and for their present loud accusations they were rather ashamed of them than studious of righteousness and the light of truth At last he confuted such things as were produced with answers fortified by truth and equity that whosoever would ballance the case impartially and without passion could not find any just reason of accusation much less a sufficient cause to begin a war It is enough to refer the Reader to these things as they are laid down in order First of all the things heaped together in the Danish Papers besides the bare Narration contain nothing at all of demonstrative verity nor any thing probable if you consider that which all the world knowes their rigorous taking notice and extorting of Customs Who will believe that if any abuse had been discovered in that particular the offenders had not presently been admonisht corrected and punished when such proceedings were used against them without reason if any interpretation of the Covenants would bear it and the slightest pretense that could be strained served to justify the extremity of Law against the Swedes Besides the delinquency objected relates to Seamen and Merchants whose practice it is to seek their gain by any trick whatsoever but at their own peril It belongs not to Kings to pay those scores but the action is laid against the Defrauder onely and that by common usage in the place where Customes are taken from whence those that are escaped are looked upon as clear and unpunishable in other parts As the King of Denmark would be unwilling to stand obnoxious for the deceits of his people in forrein Customes so he hath no reason to accuse Sweden if perchance their Subjects have committed any such fault in other places But they say They have oftentimes complained of those things to the Swedish Resident though in vain Whereof he acknowledgeth nothing at all besides some importunate and unreasonable exprobrations Which is not strange since their complaints used to want nothing but faith right and reason And now who can say that such desires could take place being disagreeable to covenants and void of truth Two things are chiefly reproached first as to Certificates that they never came compleat and entire from the Cities where the Magistrates had signed them to the Danish Customes but with blanks firmed with the Seals of those Cities and were written or filled up by the Swedish Ministers nay some of them made in forrein places But it is clear and palpable to the Danes themselves by reason of sundry and changeable occasions and circumstances of Traffick especially where Merchants and Merchandize come from or are sent to remote Countreys that the Ships wherein they are fraighted nay the Commodities that are laden being bought by Factors upon a general order cannot be known in their Native Countrey and therefore that it is impossible they should be inserted in Certificates which use to be desired and brought from thence for specified particular Commodities which yet do often fall out otherwise nor can any other course be taken but that arriving from another Countrey they should declare the condition of their Cargo profess the same in presence of the Swedish Resident and so be registred according as their reports were found true It is a calumny and slander of the Customres without any argument of truth when they say that this was ever done by boys women or other strangers or even by the Residents Officers without his own knowledge and speciall command Forasmuch as the same was observed of old nothing heretofore required upon that account no fraud ever said to be detected nothing otherwise defined upon that case in the Covenants nothing contrary to them in this proceeding nay rather suitable to the ninth Article of the Agreements at Bremsbro there can be no just cause of complaint thereupon It was long ago provided by Queen Christina that no fraudulent dealing should creep in as to that particular For she ordained that all Certificates should be sent to the Resident remaining in Denmark that he should take care to see all things done righteously and after his examination to deliver them into the Custome-house Office The integrity of