with many things in it to be avoided and little deserving imitation but being now to speak of the Danish Laws I must needs begin with this good Character of them in general That for justice Brevity and perspicuity they exceed all that I know in the World They are grounded upon Equity and are all contained in one Quarto Volume written in the Language of the Country with so much plainness that no Man who can write and read is so ignorant but he may presently understand his own Case and plead it too if he pleases without the Assistance of Counsel or Attorney Here is none of that Chicane to be found which destroys and raises so many great Estates in England a very few Advocates do the business of all the Litigious Persons in these Kingdoms Neither are their Fees arbitrary or exorbitant no Suit of what importance soever hangs in suspence longer than one Year and a Month since a Man may go through all the Courts and have Execution done within that time unless he be wanting to himself It may be replied to this That the scarcity of Money may be the principal occasion of few Law-Suits and Lawyers It is not denied and perhaps a right sence of this was the first cause of so good a Regulation of Justice for since the King was resolved to empty the Pockets of his Subjects it was not for his advantage to permit others to do it and share the Gains with him However thus much may with certainty be averred That the like Regulation would not only agree with but consummate the happiness of a rich Country and this Instance of Denmark makes it evident that such a Regulation is practicable But to return to our purpose In Denmark in the ordinary Proceedings between Man and Man there are three Courts every one of which has power to give a definitive Sentence and must either Acquit or Condemn Yet there lies an Appeal from the lower to the higher and if the inferior Judge has wilfully varied from the positive Law the Party wronged has Damages given him both from the Judge and his Adversary Here is no removal of Actions from one Court to another where the Parties may begin all again but by way of ordinary procedure from the lower to the higher The three Courts are these first In Cities and Towns the Byfoghts Court to which in the Country does answer the Herredsfougds Court. Secondly From thence lyes an Appeal to the Landstag or general head Court for the Province Thirdly From thence to the Court called the Highright in Copenhagen where the King himself sometimes sits in Person and it is always composed of the prime Nobility of the Kingdom The Judges in the two former Courts are constituted indeed by the King's Letters Patents durante beneplacito but are punishable for any misdemeanors committed and condemned to make Reparation to the Party injured for any Injustice by them done The City of Copenhagen has this particular Privilege that the Sentences past in the Byfoghts Court instead of passing through the Provincial Court are tried by the Burgomaster and Common Council and so proceed to the highest Court which resembles so far our High Court of Chancery that if any matter happen so fall in debate for the decision of which there is not a positive Article to be found in the Law which rarely happens it is there determined by the King or by the others present who are as it were the Keepers of the King's Conscience and all this were very well were it not that the first Article of the Law reserves to the King the Privilege of explaining or altering it at his pleasure In Matters relating to the Revenue the Rent-Chamber in Denmark resembles our Court of Exchequer which has also a Paymaster General belonging to it and sometimes there is a Court composed of some Members of this Rent-Chamber the Admiralty and the Colledge of Commerce before which lyes the Appeals of Merchants whose Goodshappen to be seiz'd for not having paid the King's Duties The Sentences passed in the inferiour Courts are sometimes biassed and partial but not often for fear of the highest Court where great regard is had to Justice insomuch that I knew a Judge who very hardly escaped being fined for a Sentence passed against an English Merchant which Sentence was presently reversed Indeed whilst Monsieur Griffinfeldt and Monsieur Wibbe were Chancellors there were mutterings that the High Court Sentences were not altogether up to the rigour of the Law but this is very rare now unless when a Courtier or Favourite is interessed in such a Sentence in which case or in matters wherein the King is concerned you are to expect little Justice especially if it relate to Money The Salaries of the Judges are but small they are paid out of the Exchequer and do not consist in Fees The Byfogd may have about one hundred Rix Dollars yearly and he pays himself out of the Fines of Delinquents In the Country the Herredfogds have each of them the Rent that is due to the King for a Farm that stands rated at ten Tuns of Hard-corn he has besides from the Plaintiff and Defendant for the Sentence he passes ten Stivers from each And the Byfogd or Judge in Cities and Towns double as much Moreover the contesting Parties are bound to pay the Clerk so much a sheet for the Paper in which is set down at large the whole proceeding and the Allegations of each Party whether they be Verbal or by Libel and at the close of all the Sentence it self At the Byfogds Court and the Landstag the Judge inserts the Law and adds the Reasons upon which his Judgment is founded but in the High Right no Reason is given at all or but very seldom And that no Clerk may have it in his power to pick any Man's Pocket by filling up many Sheets of Paper there are Limits set beyond which no man is obliged to pay Every one may plead his own Cause that pleases however it is the King's Order that the Magistrates take care to have one or more Advocates such as they approve of who are to plead for the Poor and for such as cannot plead for themselves upon the whole matter the Charges of the Law are very easie since a complaint may go through the three Courts for fifty Rix Dollars which is less then twelve pound Sterling unless the Sum in question be very great and more than ordinary Evidences to be written on Sealed Paper These Laws are so equitable and expeditious that they are extreamly commended by Merchants and Strangers who have occasion to have recourse to them Neither is the smalness of the Expence any Encouragement to those that love going to Law for the Laws themselves provide effectually against this Mischief and take away the very Root of Litigiousness being so plain and clear that a troublesome Person never finds his Account in promoting vexatious Suits but meets with all the Disappoiutments one
President had so well performed their Parts and urged the necessity of speedily executing what had been resolved the day before that all time was judged lost which was not employed in putting it in practice they immediately agreed to go to the Council-House and there propound to the Nobility their design desiring their Concurrence in such a necessary Work for the welfare of the Kingdom They marched through the Streets with great Gravity and Silence by Couples as before whilst the Mobb by repeated Shouts applauded what they were going to do And thus they came to the House where the Nobles were assembled who had scarce warning sufficient to receive them The President Nanson made a short Harangue setting forth that they had considered the state of the Nation and that they found the only Remedy for the many Disorders which afflicted it was to make the Crown Hereditary and to give more Power to the King than hitherto he had enjoyed that this Resolution was already taken by the Commons and Clergy in which if the Nobility should think fitting to concur they were ready to accompany them to the King and make him a tender of an Hereditary and Soveraign Dominion if not that they were going themselves and the matter should be done without them That a speedy Resolution was necessary for they had already sent word to the Court of their coming and his Majesty expected them in the Hall of his Palace therefore desired to be informed in few words what they resolved to do The suddenness of such a Proposition and briskness in the manner of its delivery caused a general astonishment in the Nobles one might have seen those who but the day before carried it so proudly in an instant fall to an excess of Complacency and betray their Fear by their Speeches and Countenances as they formerly had done their Arrogance The Mischief no sooner appeared to them but they saw it was unavoidable there was no leisure allowed them to consult and to deny their compliance or even to delay it was dangerous To give up at once their beloved Power and submit their Necks to a heavy Yoak was an intolerable Grievance But they saw they were no longer the Masters the Commons were armed the Army and Clergy against them and they found now too late that that which the day before they had considered only as the Effort of an unconstant giddy Multitude was guided by wiser Heads and supported by Encouragements from Court nay possibly by some of their own Body They suspected each other and no Man knew whether his next Neighbour was not in the Plot against the Publick Liberty It is easie to imagine what distracted thoughts afflicted them on a sudden they were altogether unprepared for such a dismal stroke But some Answer must be given and that speedily Such a one as they had a mind to give they durst not for they were assembled in a Fortified Town remote from their several Countries and Interests where they had governed like so many Princes in the power of those who could and certainly would be revenged in case they proved refractory The best way therefore was to seem to approve of what they could not hinder They answer that the Proposition made to them by the Commons was not displeasing but the manner of it wanted the requisite Formalities that previous deliberation was necessary to an Affair of so great moment that they could not but take it ill a Resolution of such Consequence should be concluded on by the Commons without the least acquainting of the Nobility with it who were the Chief Estate of the Realm That they also aspired to the Honour of bearing their part in bestowing such a material Gift on the King and his Posterity but desired that the Matter might be proceeded on with that gravity and solemnity which the nature of it required That it was not fit such a weighty Transaction should have the appearance of a Tumult and seemed forced rather than a free Choice The Conclusion of all was That they hoped the Commons would a little defer the putting in Execution their Design and in the mean time consult with them till the Affair were done orderly and with unanimous Approbation as well as to mutual Advantage This was with great vehemency by the President denied He replied These were Shifts only to gain time that the Nobles might be in a Condition to frustrate the Intention of the Commons that the Point was already agreed and the Resolution taken that they came not thither to consider but to act if the Nobles would join with them they were ready if not they would do what was to be done alone and doubted not but his Majesty would make his use of it During these Disputes the Nobility had privily sent some of their Body to Court to acquaint the King that the Commons were now at their House and had made them sudden Proposals out of form but such as they should rather concur with than be averse to that they were ready to join with them in offering an Hereditary Crown to his Majesty and the Heirs Males of his Family for ever which they hoped his Majesty would accept in good part But desired to proceed in the usual Methods which such weighty Affairs merited viz. by Conferences and Deliberations that it night appear rather an effect of their just Sentiments of his Majesty's Valour and Conduct than the sudden Motions of a Tumultuous Assembly The King with a great deal of mildness as if he had been wholly unconcerned and passive in the Case replied That he was obliged to them for their Designs in favour of Him and the Royal Family that he hoped what they were about would tend to the benefit of the Nation but that a Crown intailed only on the Heirs Males could not be so acceptable to him as if it were given without that Limitation that the Government of Females had neither been a new thing at home nor unprosperous in Neighbouring Countries That they might consider of it and since it was their Gift he would not prescribe but it could not be accepted by him unless it were more general In the mean time the Commons grew impatient the Answer given them was not satisfactory and the Nobles had not yet resolved on an entire Compliance nor were ready to accompany them because they had not yet an account of the Success of their Members sent to sound the Mind of the Court The Clergy and Burgers therefore led on by their Bishop and President proceed without them to the Palace and were met by the prime Minister and conducted by him to the Hall of Audience whither after some short time the King came to them The Bishop makes a long Speech setting forth the Praises of his Majesty and the Cause of their waiting on him concluding with an offer in the name of themselves the two most numerous and if he pleased most powerful Estates of an Hereditary and Absolute Dominion together
all this while at Copenhagen and as it was thought consented to all the Injustices acted against her Husband and Family was restored to him but he was in effect a Prisoner still for Guards were placed at all the Avenues every day some new severe Conditions were proposed to him and Articles offered him which he was forced to sign one of which was a Renunciation of his Supream and Independent Right over the Dukedom of Sleswick Being at last quite tired with so many Violences not knowing where they might end he began to think of his Escape so that one day taking the Advantage of his Dutchesses being sent for again by her Mother the Queen Dowager of Denmark he pretended to accompany her part of the way and by the means of some trusty Servants had re-lays of Horses placed in convenient stations After a few hours travelling with her he took his leave of her and pretending to hunt set Spurs to his Horse and rid away as fast as he could towards Hamburg The Allarm was presently given of the Duke's flight and many Horsemen were dispatched after him which he being aware of took not the direct Road but went about by Kiel so that after a narrow escape he arrived safely where he designed This mightily vexed the King who used all means to get him out of that City because Hamburg being so populous a Town the fame of the Barbarity exercised against him flew from thence all over Europe But the Duke had been taught by former Misfortunes not to trust his Enemy and as soon as he got to Hamburg solemnly protested against the validity of all that he had been constrained to agree to whilst he was in Durance yet withal declared That he was as ready as ever to come to an amicable Composure of Differences with the King to prevent the ruin of his Subjects and other Mischiefs provided the King would redress some of the greatest Grievances This Proposition was so little regarded that instead of hearkning to it the King ordered the Fortress of Toningen to be demolished the Dukedom of Sleswick to be sequestred the Magistrates and People to be absolved from their Allegiance to the Duke and obliged to an Oath of Fidelity to the King all the Revenues of the Duke to be brought into his Treasury Garisons to be continued in the Duke's Forts and Mansion-house and unless the Duke came to accept of the King's terms in relation to that Fief that it should for ever be annexed to the Crown of Denmark For the more speedy publication of these new Orders Proclamations were made and affixed to that effect in all the Towns of the Dukedom The Duke on his part publishing others in opposition to this Usurpation together with a Solemn Protestation against all that had been done concluding with a Command to the States of the Dukedom and the rest of his Subjects to continue firm in their Loyalty and Obedience to their Natural Prince But the King who was resolved no longer to keep any Measures with him nor to preserve that Countrey in any tolerable condition which he knew not how long he might enjoy exacted vast Contributions from the poor Subjects to the value of many Millions of Gold and to the ruin of as flourishing a Province as any in the Circle of Lower Saxony thereby disabling the Duke's Subjects from contributing any thing towards the Subsistence of their Master who continued all this while at Hamburg in a state little befitting his high Quality whilst he sent his Son abroad to raise the Compassion and implore the Assistance of all all the Neighbouring German Princes on which Errand I had the Fortune to meet him at the Courts of Hannover and Wolfembuttel He made also strong Application to the Crown of England as Guarantee of the Northern Peace and caused a full Representation of his disconsolate Condition to be printed in English which contains at large most of the Particulars above-mentioned but all in vain the Duke continued a Sufferer notwithstanding his many Appeals to those who ought to have interessed themselves in his behalf until such time as the King of Sweden began in earnest to take his Cause in hand This King having at last brought the Affairs of his own Kingdom into such a Posture as permitted him to resent the Injuries done to his near Relation threatned the Dane with a War in case he delayed Restitution and to this effect in the Year 1689. set a Fleet to Sea with intention to second his Threats by Blows which he might the better then do because the chief Support of the Danes in their Injustice the French King was at that time attacked by the Forces of the Confederates and England by the Accession of his present Majesty to that Crown was become a principal Party in so just a War So that France was likely to have its Hands full at home Besides his Majesty of Great Brittain being become Guarantee of the Northern Peace thought himself obliged in honour to maintain it and in order to that end gave such Instructions to his Envoy Extraordinary then going to the Danish Court as might induce it to comply with Justice and prevent that Effusion of Blood which was threatned These Remonstrances had their due weight with the King of Denmark who at last yielded to the necessity of his Circumstances and to the Solicitations of the Elector of Brandenburg who pressed among the rest the Restoration of the Duke and had sent his Ministers to the Congress for the Accommodation to propose a Project to that end not so much out of kindness to the Family of Gottorp as for fear the Swedish Arms should by any just occasion be brought over the Baltick the event of which might be fatal to all the Neighbourhood and to the Brandenburgers in particular Thus the Danes with reluctancy consented at last to give up what they had unjustly detained above thirteen years from its right Owner after having raised vast Sums of Money from the Countrey for the Duke's part of the Dutchy of Sleswick only had about 28000 Ploughs in it each of which were taxed to pay four Crowns a Month besides innumerable other Extortions which filled the Purses of the Ministers of Denmark who shared the Revenues among them The Swedish and Danish Fleets had been about a Fortnight at Sea but no Action had happened between them After the Accommodation was published and the Duke restored yet without any reparation of Damages past the two Fleets returned to their several Ports and the Duke to his Habitation of Gottorp which he found in a desolate Condition compared to what he left it in The Dutch had a principal Hand in the Conclusion of this Agreement by the means of Myn Heer Heemskirk their Minister and his Majesty of Great Britain a large share of the Glory of redressing a Wrong which through so many years possession pleaded a kind of Prescription to warrant it the very first half year of his Reign
which shall set open Foreign Trade and consequently spoil all the Advantages that his Country enjoys at present I cannot see what will become of the Publick Affairs here for the Soldiers when disbanded being most of them Strangers will return to their respective Homes and the Revenues of these Kingdoms must sink extreamly through the want of People and their Poverty It seems therefore no less than madness for the least and poorest Kingdom of Europe to think of emulating with Success the richest greatest and the most populous and to take its Measures from thence as if there were no difference between King and King So have I heard that the little Republick of St. Marino in Italy which consists but of one small Town with the Mountain it stands upon and is scarce taken notice of by Travellers takes occasion to write to the Republick of Venice sometimes and to stile it Our Sister with as much Gravity and Pride as if it equalled the other in Power But the vanity of these poor Italians proceeds no farther than words which does them no harm But the true Reasons which renders it the Interest of Denmark to keep well with France and they are no weak ones are first because they look upon that Crown as the sole Ballance against the Grandeur of the Emperour and the House of Austria whose Power as I said before is looked on by all the Princes of Germany with a very jealous Eye the late Addition of the Crown of Hungary to it with its other Conquests on that side from the Turks the probability of the Spanish Dominions falling to some active Branch of it and the remembrance what havock the Emperour Charles the Fifth and his Successor made among the German Princes when possess'd of the like Advantages makes the Danes as well as the others reflect seriously upon what may happen hereafter should France be reduced to too low an ebb A second reason is because they know no other Naval Force able to contest the intire Dominion of the Seas with the English and Dutch and they are willing to keep the dispute about that Dominion undetermin'd between the French and us that no Laws may be laid upon Traffick but that they may reap their share of the Trade of the World which they think would be but small should that Point be once finally decided to our Advantage A third Reason and the most forcible is the Subsidies which the King of Denmark draws from time to time from France a little ready money among a necessitous People carrying irresistable Charms with it And this has been the drift of the French Policy in advising that King to a greater Charge than he was able to bear under pretence that they consulted his Honour and Grandeur whereas they only consulted their own ends being sure after they had rendred him and his Countrey Poor that they could buy him when they pleased Yet whenever the French Treasure shall come so far to be exhausted that a fairer bidder appears this piece of Policy will not only fail the French but turn to their disadvantage With the Kings of Spain and Portugal the Dane is in a state of indifferency Their Dominions are so far asunder and the business so little which they have with each other that there happen few or no occasions either of a Quarrel or Friendship between them Yet the Danes have some small Trade for Salt and Wine with each of these Princes Subjects and during this War make some benefit of their Neutrality by transporting in their Ships the Effects of French English and Dutch from one Port to another They have indeed some Pretensions on the Spaniard for Arrears of Subsidies owing to them ever since the Danes took the part of the Confederates against France in the former War but they despair of obtaining them unless some unforeseen Accident put them in a way of getting that Debt the Accompts of which have hardly ever been adjusted between them With the late Elector of Saxony the King of Denmark kept a very good correspondence the Elector having married one of the King's Sisters that Affinity produced as amicable effects as could be desired insomuch that it begat a Resolution of a nearer Union of the two Families in a Match between the present Elector then Prince and the King 's only Daughter this proceeded as far as a formal Contract and the usual Marriage presents were Solemnly exchanged in order to Consummation when on a sudden the old Elector died last year as he was leading an Army towards the Rhine against the French for the common cause of Europe the Death of this Prince among other Alterations produced this that his Successor the present Elector being thereby become at his own disposal and having been formerly very much in love with another Lady who is the present Electress refused to compleat his Marriage with the Daughter of Denmark and sent back the Presents which were given at the time of the Contract This Action of his highly disgusted the King Queen and the whole Danish Court however there was no Remedy but patience the Elector was too remote to fear any Effects of the Danes displeasure and resolved to pursue his own Inclinations in the choice of a Wife let the World say and do what it would Accordingly he presently courted and married where he fancied leaving the Danes to digest this Affront as well as they could which they will scarce forget this great while So that it is to be supposed the ancient Knot between the King and the Electoral Family of Saxe is hereby very much loosened yet not so far as to proceed to any open Breach the Elector's Excuses for this Action having been received and acccepted of as some sort of satisfaction With the Bishop of Munster the King of Denmark lives in good Amity by reason of his Neighbourhood to the Counties of Oldenburg and Delmenhorst and for the most part has a Minister residing in that Court The like Friendship is between him and the other Princes of Germany particularly with the Landtgrave of Hesse Cassel who is Brother to his Queen and extreamly beloved by her The King of Denmark has one Brother viz. Prince George born 1653. and married to her Royal Highness the Princess Ann Sister to her Majesty of England And four Sisters viz. Anna Sophia the Widow of the late Elector of Saxony Frederica Emilia the Wife of the Duke of Holstein Guillimetta Ernestina Widow of the Palatine of the Rhine Ulrica Eleonora Sabina the Queen of Sweden CHAP. XV. Of the Laws Courts of Justice c. SOME Naturalists observe that there is no Plant or Insect how venomous or mean soever but is good for something towards the use of man if rightly applied in like manner it may be said That several useful Lessons may be learnt conducing to the benefit of Mankind from this Account of Denmark provided things be taken by the right handle Hitherto we have indeed met