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A75448 An Answer to tvvo Danish papers the one called Jus feciale armatae Daniae, the other, A manifest / faithfully translated out of the Latine original, which was published by the King of Swedens command. 1658 (1658) Wing A3456A; ESTC R42650 44,468 62

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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
Chapter of Hambourgh as a part of the Dukedome sent Deputies to her Majesty to desire the settlement and confirmation of their rights he writ letters in their behalf as in a cause wherein he had no interest and which appertained to her Majesties will and disposition Ever since that time he hath given the titles of Duke of Bremen and Verden to the Kings of Sweden and received all writings and addresses bearing the same without any shew of a mind bent to contradiction much less of such caution was Princes in the like cases use And which deserves speciall observation when the war against Sweden was under debate nay almost concluded in the Commissions which the King of Denmark received from his Majesty to renew the Treaties and which he likewise delivered to his Commissioners he not onely suffered those titles but gave them which makes it clear thta either there was no ground of hostility from thence or what hath been taken up is of a later date than the war When at the Diet of Ratisbon the peace and with that the forsaid surrender was inserted into the publick Constitution of the Empire as a fundamer tall Law his Ambassadors were present and subscribed the same as well he that represented the Kings person and subscribed in the number of the Counts of the Empire as he that came from him as Duke of Holstein consenting approving and not so much as whispering to the contrary Nor was there any thing in that Diet that carried the appearance of a displeasure objected against the sitting or voting obtained there in the name of the Dukedome of Bremen and Verden no more than there was before in their Circular consultation at Luneburg Nay when in the year 1654. an assembly of the Circle of lower Saxony at Brunswick was ordered directed concluded in the name of his Majesty as Duke of Bremen the King of Denmark as Duke of Holstein being invited by his Majestie appeared by his Ambassador speaking nothing in derogation of the acts or rights of the King but exhibiting a directory of what was fit to be considered and performing all duties as well in his coming by Ceremonies and shewing Crednetialls and Commission as in the deliberations when he was come When the controversie touching the immediate dependance of the City of Bremen which had formerly been moved against him as Arch-Bishop was again set on foot in the Imperiall Court a testimony of what had past in that particular being desired of him the originall of the Imperiall decree in opposition thereunto he communicated to the King as Duke of Bremen For indeed he was withheld from thwarting peace and the Laws by the obedience he ought as a Member-state of the Empire neither could he have any colour to do it as King of Denmark since that Crown had no right to those Lands Moreover it is said and that not without good credit that amongst the conditions which the States of Denark made when they conferred the Kingdom upon him they required that he should lay aside the memory and pretensions of those things which concerned the Archbishoprick of Bremen and Verden and should not seek any further satisfaction upon that account nor was he Crowned till he hd accepted of that condition Which is made more probable as by may other passages so by the letters which the Counsell of the Kingdome of Denmark writ to the Queen of Sweden the 13. of April 1648. long after the surrender of those Lands had been offered approved made registred and published wherein they desired to be comprehended under the peace making no mention then of any demand which is now produced amongst the causes of the war much less framing any contradiction thereupon (19.) No. 19. Which that it should be made after their request was granted shewes the greater injustice in the King of Denmark who being included in the peace doth yet disallow the act thereof As these old grudges about the Archbishoprick of Bremen and Verden disparage the peace concluded in Germany so that which follows concerning the two Parishes Irne and Zerne doth no less to the prejudice of that published at Bremsbro The clear words whereof in the 25. article wheter (20.) No. 20. Iemptland with the adjacent places called Herrendale are to be surrendred for satisfaction doe so define the matter that whatsoever is situate towards Sweden on this side the Mountain Fiolles which divides Sweden and Norway should be contained therein When therefore the forenamed two Parishes are placed within the limited bound on Swedens side there is good right and reason they should be retained and possest There remains a third ground of a more just complaint still in the hands of the Danes which ought to be restored according to the tenor of the foresaid definition After two years quiet possession the Danish Resident at Stockholm made a dispute upon a pretense that they were not expresly named as if that evident delineation equall to words did not supply and virtually imply the naming of them whereupon he desired a meeting upon the present case which was easily obtained of the Queen out of her great inclination to peace and accordingly by her Majesties answer given the 26. of October 1648. a day was appointed him to wit the 3. of Iuly (21.) No. 22. The same day was also expresly signified to the King himself by her Majesties letters dated at Stockholm the 26. of May in the year following (22.) No. 22. The Swedish Commissioners coming to the place timely enough upon the 27. of Iune gave notice to the Danes from a place not farre off of their arrival and purpose to conferre Long it was before any answer came at last they received this from Christiania the ●0 of Iuly 1649 That they the Danish Commissioners were ready for a confer●● 〈…〉 but now could not come thither again without speciall order (23.) No. 23. It appears not whether this hapned by the inconsideratenesse of the Resident or of those who penned the Commission or through the negligence of the Commissioners or perchance whether they did not repent themselves of an ill grounded demand fearing a more just one of another Parish which still remained to be restored Without doubt it was done by the errour and fault of the Danes who do ill to excuse themselves by objecting that they were deluded therein Knowing their own guilt in that particular they patiently bore the reproach of so foul a negligence cast upon them by the Swedish Resident in the Court of Denmark whereunto he added out of the confidence of the Swedish right the offer of another meeting to that purpose Which the Chancellor of Denmark Christian Thomson refused not judging that worthy of a meeting which is now made the pretense of a bloody war The next accusation the Danes lay to our charge is an alleging of grievances from stealing of Custom which yet according to the rigour of the narration doth onely concern Officers
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
injury had been done and how fair and just an opportunity there was to assert and vindicate the observation of agreements by other wayes yet the love of peace and amity prevailed in Sweden even to the laying aside both the prosecution of their right and the use of their power In this condition things remained till the time that the Queen resigned the Crown of the Kingdome of Sweden nor did the Danes pretend any thing to the contrary Ever since his sacred Majestie took the government upon him he hath been desirous not onely to preserve and maintain all compacts and peaceable intelligence between he Northern Kingdoms free from any manner of injustice and innovation but particularly to cement and assure all mutuall offices of consanguinity friendship and neighbourhood with the King of Denmark When in the beginning of his reign in evitable necessity forced him to take armes for the defense of his kingdoms right liberty and security against the close and treacherous designes of the Polanders discovering amongst the rest the dangers like to ensue upon the Baltick sea by their intention to introduce a forrein Fleet he opened these things to the King of Denmark out of the singular confidence and integrity of a kinsman and neighbour both signifying his intention and the causes of war against the Polanders as also offering by word and writing of his Resident in that Court such things as he conceived might conduce to prevent the prejudice of both Kingdoms especially a hearty conjunction of minds and counsels (1.) No. 1. Moreover when his Majesty was preparing to depart out of his Kingdome in order to the war in Poland the King of Denmark making remonstrance of some things by his publick Minister about shewing Certificates in the Sound as disagreeable to Covenants and therefore desiring redress all kind of satisfaction was granted to him freely and without delay Then besides a Proclamation published whereby his Majesties Subjects sailing through the said Sound were forbidden under great penalties to doe any thing contrary to agreements he likewise commanded his Resident in the Danish Court that upon conference with the Ministers of State there he should examine whether any offense were committed and what appeared should be rectified by re-inforcing a strict observance upon the inhabitants of his Swedish Dominions but what required further search and disquisition should be referred to his Majesties cognisance to remedy whatsoever should be found amisse With the later part of this determination the King of Denmark was content and for the former he took it kindly as a testimony of faithfull and friendly neighbourhood disapproving nothing of his Majesties intentions wishing happy success to the war he undertook and largely profering all good offices worthy of a friend and neighbour as appears in his answer dated at Copenhagen Iune the 21. 1655. (2.) No. 2. Hereupon there followed a confident and free communication between the Ministers of both Kings touching those things that were for the interest and advantage of both Kingdomes And when that which the Swedish Agent demonstrated to be more conducible was readily embraced by the Danes judging it necessary to enter into a mutuall league for the defense of the Baltick sea that Declaration was no sooner made but the Swedes on their part immediately contributed their best endeavours thereunto the Resident Magnus Durer or one side and the Commissioners on the other treating a confederation of minds and assistances to the end aforesaid Which things as it was agreed were to be wrought and prepared by these men but afterwards to be accomplished according to the method and tenor of Covenants upon the borders of both Kingdomes by other persons deputed and chosen out of the principall Senators of the Kingdome Amongst these mutuall exchanges of good will and affection as it seemed to be nothing was further urged or spoken of grievances or of those things which how-ever they are too old to be remembred are now taken up for a fresh pretense The matter in question after the express forms thereof had been drawn up and severall times debated by the Commissioners on both sides was brought to that period that in the beginning of the year 1656. the League was looked upon as a thing resolved and concluded because nothing remained that could check or hinder it But then the Danes began first of all to desire that the States of the United Netherlands might be comprehended in the Treaty nor did the other side refuse it onely the manner of including them was disputed whether it should be done in generall terms as was usuall in such agreements or under some speciall condition to be entered into by them Hence the Danes laid hold of an occasion to demurre making asemblance indeed of a desire to dispatch speedily but purposing to retard the Swedish Residents earnest solicitation to which end it was intimated by the Rix-hofemaster or Lord high Steward and the Chancellor of Denmark that their King was resolved to prosecute and finish that negotiation by his own Resident whom he intended to send to the Swedish Court hereof as there appeared no certain or pressing reason so the delay rendered it suspicious and the more because the Danish Resident coming to the King in Prussia mentioned nothing at all of it and afterwards being demanded by Commissioners in the Kings name whether he had any thing to say upon that subject he pretended a want of power may almost an ignorance of what had past and that he would make report of those things to his King In the mean time it was understood by proofs of unquestionable credit that all this was carried on by dissimulation onely but that other things were secretly under contrivance to the hatred prejudice and surprize of the King and Kingdome of Sweden Sinister reflections upon the Treaty were scattered abroad both to his Highness the Lord Protector of England and to the Lords States of the Vnited Netherlands as if it tended to the destruction of trade and suggestions were instilled into them as if something was intended by these agreements that would be prejudiciall to their respective States and Dominions In Muscovia they went yet further and spurred on that hostile invasion of Liefland which they had procured and framed a pernicious association against the Kingdome of Sweden In Poland they held forth the hopes of favour and assistance against his sacred Majesty and more violently inflamed the refractory dispositions of the Dantzackers In Austria there was jugling to plot those things which are now brought to light by open and declared effect By all which it appears that all the designes and thoughts of the Danes were at a great distance from the true intent of the Treaties Yet was it impossible so to conceal them but that some glimpses thereof appeared through the crannies of their hearts The first stroke as I may say was against our proceedings before Dantzick which were justifiable by the Law of War at which time the Danish
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
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
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
appeared that he was indeed called to undertake some employment under the principal Secretary but that he was never actually placed therein by the present King onely put to bee Governour of a certain Nobleman in his travels in the mean time while he was absent being traduced by malicious enemies he often desired to be dismist and when he could get no answer to his desires being as it were forsaken he at last submitted to the necessity of undertaking another condition after the forementioned which he could not but attribute to providence amongst such occurrences Besides which when the accused persons probable allegations were justified by these arguments of his Innocence the silence of the accuser the inconstancie and alteration of matters objected and the presumption of letting the accusation fall to condemn a man in other things of spotlesse life and clear reputation not confessing nor convicted or to deprive him of his Office and Dignities as one condemned and deliver him into the hands of an enraged King would have been repugnant to the laws of justice The rest of their accusations which are related proceeded upon no better terms nor arguments whereunto a refusal of Justice cannot be alleadged when nothing was either justly demanded or proved He hath little reason to desire favour from a Judge that doth not himself perform the duty of a fair accuser Furthermore many things are enviously alledged of a desire to enlarge the Kingdome and encrease the traffick of Cities under its dominion which savours of a suspicious and jealous disposition but makes nothing to justifie a War For they tend onely to raise hatred and foment malignity but when they meet with just and right judgements they fail even of that end But most of them are feigned and contrived never to be made good by creditable proofs especially such things as are cast out about secret plottings and designs in emulation and to the disadvantage of neighbours They will never be able to produce resolved counsels or instructions containing such results as they have largely but vainly heaped together about the prejudice of Trade They to whom they say such things were communicated are ignorant of them and wise men will never believe otherwise but that either the Danes desire to abuse others in those particulars or are abused themselves by too much credulity It is evident what it is that wounds the Danes that Sweden is so zealous and successfull in their prudent Counsels to preserve hitherto the common freedom of Trade and a better constitution within the bounds of their own Dominions the first whereof hath turned to the benefit of the European World besides the withstanding of the Danes immoderate increase of Customs and burdens upon Navigation the other is as profitable for the enlargement of the Kingdom and the interests of the Subjects Yet all this without injury to any one What Nation hath not an inherent justice and right to attend and watch for their own and their Subjects advantages Traffick is laid in common subject to nothing but industry lest free by the Law of Nations that every man may as freely and lawfully derive his profit from thence as take water from the Sea That care and industry is not bound to old rules but admits of alterations with the change of times and occasions How many innovations hath Denmark it self Norway both seen and introduced If we may enter into comparisons to whom the common care and advancement of Trade owes most to the Swedes or the Danes the greatest obstructions and detriments will be found to have been east in by them and removed by us What the condition of the Baltick Sea and of the Hanse Towns situate thereupon and what the dangers of those that sailed therein were 30. years ago occasioned by the war and peace betwixt the Danes and the Emperour they can tell who remember the ports blockt up the Sea swarming with Pirates prodigious titles of dominion taken up by others upon the same Sea and both designs and endeavours to bring it for the time to come under the Spanish yoak All which when the King of Denmark forsaking both the publick cause and that of his Friends and Allies upon the peace made at Lubeck had left without reparation or restauration to the former state by the bloud and valour of the Swedes things were repaired and again brought to that pass that while the Germane War continued nothing was unsafe or attempted upon the Trade of the Baltick Sea but what proceeded from the Danes and when the peace was concluded the former power and vigour was restored to Sea Rivers and Lands by the composition of Osnabrug What stops and hindrances were thrown in the way of that Treaty by the Customs introduced in the Sound against the Law and usage of Nations and the same so often innovated encreased and by strange wayes exacted appears by the long complaint of other Countreys specially of Poland and the Vnited Netherlands but it was Sweden by whose means that immoderate excess was brought to reason and remedy as the Acts of the year 1645. and the promises which the King of Denmark thereupon made to the Swedes and Hollanders while the pacification was making at Bremsbro and Christianople do sufficiently testifie And there indeed the shoe wrings them that a bar should be set up against their boundless licentiousness We pass over other things as not judging it worthy the pains to answer them and being so destitute of truth they are denied with as great ease as they are objected It hath not nor cannot be made good that there was ever any intention to sue in the Emperours Court for an Investiture of the Baltick Sea It is as great a stupidity to believe it as an absurdity to say it when without any such thing not onely all the right of dominion that could be thereby desired was of old due to the Kingdom of Sweden and more fully then any Investiture could make it and that the Northern Kingdoms never granted the Emperor any power upon that Sea but when he would have usurped the same about thirty years ago the most glorious King of Sweden opposed him and by Arms defended both his own right and the Baltick liberty The manner of the Investiture is exprest in the Instrument of peace which there was never any intention to exceed They write with no other style of truth and credit concerning the Swedes interposing in businesses between the King of Denmark and his kinsmen concealing names and circumstances There is as little knowledge to be had of the things as they relate them as of the parties they forbear to name all which will doubtless be suspected by avoiding the light and being so wrapt up in obscurity If perchance they mean hereby that which past heretofore about the jurisdiction of Swabstet and the rights of the most Serene Duke of Holstein upon the Bishoprick of Sleswick their discourse is very much out of the way from that business For