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

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his most Serene Royal Majesty and his most Serene Highness their Ministers Servants or Subjects which may be taken any other ways than in good part It shall all as well for the sake of the mutual Consanguinity and especially of her most Serene Royal Majesty the Queen of Sweden as for the perpetuating the friendship between both Houses from this day forward be forgotten and be no more remembred to the prejudice of any one but by vertue of this Transaction be wholly extinguished And his most Serene Royal Majesty of Denmark will also when Denmark shall be evacuated not only withdraw his Army and Forces out of his Highnesses Country and Places but likewise do his utmost endeavour to oblige his Allies to send away and draw their Troops without any delay or ●ergiversation out of the Lands Towns and Forts of his Highness which they have possessed themselves of Out of the Treaty of Peace at Oliva Art 22. The Duke of Holstein-Gottorp by the consent of the Parties stipulating shall be included in this Peace Art 26. The same is repeated Art 31. It importing very much to the establishment of this Peace that it be made to reach all parties in Difference and that the safety of Trade between all the Parties engaged in the VVar be provided for and therefore though the Controversies that are depending between the most Serene King and Kingdom of Sweden and the most Serene King of Denmark cannot be well determined here but are now under discussion at Copenhaguen and in a fair way of Composure it is nevertheless Enacted that the Kingdoms and Countries of the most Serene King of Denmark and Norway included in the Danish Peace shall be comprehended in this Treaty so that all which has been agreed and concluded between the said Kings of Sweden and Denmark shall be part of this Peace as if the particulars were specifyed and set down in this Instrument yet so as not to derogate from any thing of the Treaty already concluded or which shall be concluded in Denmark between both Kings and Kingdoms 35. To the end that this Peace may be rendred more firm permanent and secure and remain inviolable on every side the said Parties as well Principal as Allies now Treating do promise besides that they will and intend to keep this Transaction and Peace inviolably with all its Articles Contents and Clauses and that it may not be violated hereafter they oblige themselves to a mutual Guaranty and reciprocal defence on all parts promising by these as firmly as it may be that if it happen that any Party be attacked by another or others either by Sea or Land against the Contents of this Treaty the Aggressor shall ipso facto be accounted by all the rest as the Breaker of this Peace losing all the benefit thereof and the rest of the Parties now Treating shall be obliged to assist the Party injured with their Forces and Arms within two Months at the furthest after thereunto desired by the injur'd Party and prosecute the VVar against the Aggressor until a Peace can be made to the satisfaction of all But if it happen that one Party shall receive any grievous injury by the other or some by others without force of Arms it shall not be lawful to the Injur'd to have presently recourse to Arms but endeavours shall be used to compose such kind of Controversies amicably and in a friendly manner Out of the Transactions at Gluckstadt Octob. 12. 1667. And first that a Friendly kind and filial affection may be restored between his most Serene Royal Majesty and the Duke of Gottorp all those things which have been acted directly or indirectly against the Union and and all those Treaties that concern the Kingdom of Denmark the Dukedoms of Sleswick and Holstein and all the Princes belonging to the same shall on both sides be absolutely forgotten and are abolisht for ever and the said Union except as to what has been in 1658 and 1660 otherwise determined by the aforesaid Treaties of Roschild and Copenhaguen shall subsist in its full force in Peace and VVar any pretence or interpretation whatsoever notwithstanding and shall be constantly observed And neither Party shall molest or oppose the other for any cause whatsoever contrary to the same At the end of this Transaction these words are set down VVe do Attest and Certifie that we have approved the foregoing Transaction and all and every the Articles and Clauses of the same and accordingly do approve agree and confirm it promising for Us Our Heirs and Successors upon Our Royal Faith that We shall not directly nor indirectly act or suffer any thing to be acted against the same and that we shall firmly adhere thereunto Given under Our Hand and Signet Frederick We CHARLES by the Grace of God of Great Britain France and Ireland KING Defender of the Faith c. Make known and certifie That whereas the most Serene Prince Frederick the III. by the same Grace of Denmark and Norway Goths and Vandals King Duke of Sleswick H●lstein Stormar and Dithmars Earl in Oldenbourgh and Delmenhorst having wholly and fully freed and absolved the most High Prince the Lord Frederick Heir of Norway Duke of Sleswick and Holstein c. and his lawful Heirs Males from a certain Feudal Homage and Vassalage for the Dukedom of Sleswick and having yielded up to him and his Descendents Males the Dukedom of Sleswick with the Supreme and absolute Dominion thereof commonly called the Soveraignty and all its Rights and Appurtenances as appears more fully by the Treaty or Instrument And whereas the most High Prince the Lord Christian Albert Elected Bishop of Lubeck Heir of Norway Duke of Sleswick Holstein Stormar Dithmars Earl in Oldenburgh and Delmenhorst Our Cousin having desired Us by the Illustrious Sir John Leyenberg Knight Resident in Our Court for the most Potent King of Sweden that interposing our Authority We would confirm and ratifie by way of Guaranty the said Treaty or Covenant concluded at Copenhaguen with all and every one of its Clauses as it is set down word for word in the German Exemplar which We have received from the said Resident of the most Serene King of Sweden upon his Faith We therefore as well to gratifie the demand and desire of the most Serene King of Sweden as to shew the affection VVe bear and will always bear to the aforesaid Duke Christian Albert nearly joyned to Us both in Friendship and Blood have thought fit to constitute Our Selves as Guarantee and a Security for the observation of this Treaty or Convention concluded at Copenhaguen the 12 May 1658 as by these in the best most ample and secure form We do constitute Our Selves Guarantee and a Security for the same Promising upon Our Royal Faith that We will maintain the Duke Christian Albert his Heirs and Successors in the said and all other and singular their Rights and if any thing be attempted against his Highness his Heirs and Successors VVe
against another Prince that is Soveraign as well as he and his Equal the injur'd Prince or any for him may perform the Office of Pretor use all means to procure a full and ample Reparation of his damages If the Duke of Gottorp is not strong enough to do it himself all Christian Princes and Commonwealths must make this cause theirs and employ all their Power to restore him For Wars may be undertook not only for Friends and Allies but for men as such if they are barbarously injured Grot. lib. 3. de I. B. P. c. 25. n. 1. seq And who is more injur'd than he who by a Cousin of the same Family his near Ally and Brother against his Faith so many times sworn is so ill used as to be deprived of all his Authority and Dignity Therefore since other Princes are not a little concerned when the condition of any Prince is brought so low contrary to all Justice and when perhaps his entire ruin is endeavoured especially if these base Counsels proceed from Ministers who in their actions and speeches have no regard to the great Asserter of Faith and consequently less to Faith it self the foundation of Justice and the tie of all human Societies all Princes and States ought first of all to take care that Faith be kept inviolable and Treaties and Contracts between them be not violated lest this tie of Friendship and Society being broke the world should fall into confusion by their c●nnivence before the time decreed by Divine Providence And those Princes and States are chiefly obliged to take care of this Restitution who have guaranted the Treaties between the King of Denmark and the House of Gottorp and have signed the Instruments of Peace between Sweden and Germany and that of Roschild and Oliva engaging for the performance of them in such terms and expressions that if they were meant as they are set down which is not at all to be doubted no man but will believe they intend to perform their Promises And to induce them thereunto without any delay let the great danger of this example and the greatness of the Injuries be considered and that it is also the earnest request of the Duke of Gottorp who is every day more and more oppressed with new Injuries And since amongst these Princes that are Securities the good will of the most Serene and Potent King of Great Britain towards the House of Gottorp appears above the rest his Majesty having not only engaged himself with other Princes and States for the preservation of the Peace at Roschild and the Treaty of Copenhaguen made between the King of Denmark and the House of Gottorp soon after that at Roschild but having also passed his word and Guaranty for the Soveraignty yielded by the King and Kingdom of Denmark to the House of Gottorp and most especially his Majesty being now the Mediator of all publick Differences Give us leave most Potent King to let all the World know this great affection of your Majestie 's towards the House of Gottorp and to put you in mind of your special Engagement to our Duke for the Soveraignty of Sleswick which you can as easily make good as you were pleased to engage for it that you may be known for as great a Defender of the Civil as of the Christian Faith and in judging the Differences between the King of Denmark and the House of Gottorp or disposing all things to a Peace make use of that Equity and Moderation which may prove a Remedy to the Injur'd a Defence to the Oppressed and a Reward of Eternal Glory to your Majesty and the Noble People of England THE ARTICLES Of the TREATY at Rendsbourgh KNow all Men to whom these Presents shall come That whereas for the common Security and Safety several Treaties of Union and Conjunction have been heretofore made between the Kingdom of Denmark and the Dukedoms of Sleswick and Holstein which have been renewed augmented and changed according to the Exigence of times and that the most Serene and Potent Prince and Lord Christian the V. King of Denmark and Norway Goths and Vandals Duke of Sleswick and Holstein Stormar and Dithmars Earl of Oldenbourgh and Delmenhorst and the most Reverend and Serene Prince and Lord the Lord Christian Albert Heir of Norway Coadjutor of the Bishoprick of Lubeck Duke of Sleswick and Holstein Stormar and Dithmars Earl of Oldenbourgh and Delmenhorst judging it very necessary in these dangerous and troublesome times that such Treaties of Union be renewed after the Example of their Ancestors and be accommodated to the present condition and State of their Kingdoms and Dominions And his said Majesty having appointed on his part Here the Names of the Kings Commissioners were inserted and the said Duke on his part Here the Names of the Dukes Commissioners were inserted and the said Commissioners having accordingly met together have agreed upon the following Articles I. As his Royal Majesty and his most Serene Highness do Govern joyntly the Dukedom of Sleswick and Holstein and the Countries incorporated therein so they shall both endeavour according to the Contents of the former Treaties of Union unanimously to direct all their Counsels for the safety and augmentation of the said Dukedoms and to preserve them from all damage danger and detriment II. Therefore as often as necessity shall require it or any danger seems to threaten these Dukedoms they shall both do all they can by united Counsels and Forces to prevent it and if the thing comes to a War let no Truce be made nor Peace contracted before the danger be removed from both their Heads and satisfaction be made to both by the Enemy and the publick security provided for III. And as therefore his Royal Majesty by this takes entirely upon him the Guaranty and Defence both of the most Serene Duke and the part he has in the Dukedoms so his said most Serene Highness promises again that as often as his Royal Majesty shall be necessitated to draw Forces from his Kingdomes for the defence of these Dukedoms and the Countries incorporated therein or shall be in War against any Forrein Prince whosoever he be none excepted though his Majesty thinks it already his due by the Union he shall not only give him free passage through his Land and all his Towns but liberty to List and Muster Souldiers assigning them quarters and places to Encamp and helping the King with all his Power IIII. Because also during these troublesome times his Royal Majesty could not forbear by an unavoidable necessity to ask leave for his further security to put Garrisons of his own into the Forts of Gottorp and Tonningen and the Fortress of Stapelholme which his most Serene Highness has granted upon this certain hope that these troubles being over and the Peace made all things should be entirely given back and restored as they were And his most Serene Highness having made certain Leagues in which there are some things which give
setting aside your strict Ties and Duties towards Us and the whole Roman Empire will thus lose your Self and by such prohibited and culpable advantages take the Enemies part contrary to the publick Statutes of the Empire and Our Imperial Avocatories published thereupon yet have We thought good kindly to acquaint and seriously to admonish you by these that in case things should be thus your Dilection might betimes desist from such Enterprizes and embracing better Counsel comport your Self according to what Duty doth require of a Loyal Member of the Empire lest otherwise We should be obliged to cause your Dilection be proceeded against according to Our Imperial Avocatories all which is for your Dilections Government Tendring withal Our Imperial Grace and good VVill to your Dilection Dated at Our Castle at Lintz the 6th of January in the Year of Our Lord 1677. of Our Reign in the Roman Empire the 19th In Hungary the 22th and in Bohemia the 21th LEOPOLD V. Leopold William Count of Konigsegg Ad mandatum Sacrae Caesareae Majestatis proprium John Ambrose Hogell The Duke of Holstein's Answer to the foregoing Letter of the Emperor Most Serene c. YOur Imperial Majesties most gracious Letter from Lintz of the 6th Instant hath been some days ago delivered to Me by your Imperial Majesties Minister here residing the Lord Baron of Rond 〈…〉 and received by Me with all the humblest respects Imaginable but with extream astonishment I understood by the contents thereof that your Imperial Majesty had got Information as if I had not only for my part approved of those Proposals which had been made to me by Graventable the Swedish Minister lately Residing here in Hamborough about certain Levies to be made in Foreign Parts and had come to a certain conclusion with him in that affair but also that for the promoting of the said Levies I had made use of Kielman my late President 's Moneys that lie here and taken thereof the Sum of 200000 Rix-dollars and that I also did employ in this affair the Swedish President Kley who hitherto hath pretended to live here as a private man and another person named Vlcke Wherefore your Imperial Majesty most graciously hath thought good to acquaint me therewith and seriously to admonish me that in case things should be thus which yet your Imperial Majesty would scarce expect from me I may betimes desist from such Enterprizes and embracing better Counsel compor● my Self according to what Duty doth require of a Loyal Member of the Empire lest otherwise your Imperial Majesty should be obliged to cause Me be proceeded against according to your published Imperial Avocatories It is true I can promise my Self nothing else from your Imperial Majesties most mild and yet most just disposition but that your Imperial Majesties very gracious Letter although occasioned by the industrious contrivance of some envious persons who by all ways and means seek very watchfully the oppression and ruin of my self and my Ducal House hath been sent to me for no other end but that your Imperial Majesty might thereby get a fitter occasion to discover my Innocency and consequently by your Imperial Majesties Authority and highest Power to Protect me as a Loyal Member and Prince of the Empire against those who have made no Conscience for the space of these 19 Months to Treat me unworthily and oppress me undeservedly leaving me nothing of all my Princely Dignity but bare life However when I call to mind again in what manner your Imperial Majesties Requisitorials concerning me which were delivered into his Majesty the King of Denmarks hands have been by the contrivance of some Ministers bearing an hatred to me abused so far that they begun almost from that very hour to exhaust my poor Subjects as well of Holstein as of Sleswick with intolerable Contributions and to render them quite uncapable to contribute so much as they were lawfully bound to do for the upholding my Princely State and Dignity which proceedings are yet till this very moment continued to the utter destruction of my Territories though no further Imperial Requisitorials have been signified to me which have been granted to other States of the lower Circle of Saxony in the point of Quarters Then have I just reason to fear that they likewise now under your Imperial Majesties highest Name and Authority though against your Imperial Majesties will and intention do go about to colour and palliate what they newly have contriv'd for the finishing of my premeditated ruin and partly have already brought to an Execution All which I have by my former complaints with all submission represented to your Imperial Majesty and thereby most humbly implored your speedy Protection whereunto also I do now refer my self in hopes your Imperial Majesty will be pleased not only most graciously to hear but also see them according to your Imperial Clemency forthwith redressed Concerning those Accusations brought before your Imperial Majesty and laid home at my door I should never have Imagined upon what bottom and foundation they could be grounded unless your Imperial Majesty by the Nomination of certain Persons had obliged me to a more exact Information whereupon I most humbly can assure your Imperial Majesty by the true and faithful Word of a Prince that I never had the least knowledge of these specified Projects touching the Levies of some Forreign Forces much less have I approved of the same or dealt or agreed about them directly or indirectly with any man in the VVorld And I can protest with Truth it self that Kleyhe the King of Sweden's President hath not all the time of his abode here made any Propositions to me concerning my Conjunction with Forreign Crowns against your Imperial Majesty and your high Allies nor ever offered to perswade me to any such thing But this I do declare willingly and freely that I have caused my disconsolate condition whereunto I find my self undeservedly reduced to be fully represented to his Majesty the King of Great Britain as Guarantee of the Northern Peace which first of all began to bleed and suffer on my side to whom I made it my humble Request that his said Majesty would be pleased in respect both of that General and Special Guaranty taken upon him concerning my Soveraignty over the Dukedom of Sleswick lawfully obtained to procure my Restitution and due Satisfaction which I have been so far from disowning that I was content that the Memorials about the said Subject exhibited from time to time by my Deputy should be faithfully communicated to the Danish Minister residing in England For which end I have also employed at that Court the same Vlcken my Counsellor there whom I did for almost two years imploy at your Imperial Majesties Court and have amongst other Negotiations also caused my most humble Remonstrations and frequent Instances by him to be made to your Imperial Majesty for my Protection with certain hopes that he hath behaved himself so well that no cause is left to mistrust him or to charge him with any sinister and ill-grounded accusations Since therefore the abovesaid foul aspersions studiously contrived by my ill-wishers can never be proved nor laid to my door the rest consequently must fall to the ground which charge me that for the carrying on of such fictitious Levies I should have taken and employed the said Sum of 200000 Rixdollers belonging to the Heirs of Kielman which monies I do not know in the least if they do lye here or no. Whereas now my Innocency and the Fictitiousness of those Sinister imputations do sufficiently appear by the premises I can with all submission assure your Imperial Majesty that nothing in the World shall be ever forced from me which may offend and interrupt my Loyal Duties tendred to your Imperial Majesty and to the Roman Empire and that Devotion which my Ancestors have Sealed with their Princely Blood to the Mighty House of Austria I do therefore again most humbly implore your Imperial Majesty as the most Sacred Head of the Empire that your Imperial Majesty would be pleased not to give way to the Suspicions raised against me but rather out of your Highest Fatherly care provide such ways and means whereby I as a devoted Co-member of the Roman Empire may be upheld and freed from all my pressing Calamities Thus longingly I do look for your Imperial Majesties effectual and gracious Resolution c. Dated at Hambourgh the 20 of Jan. Ann. 1677. FINIS Grot. lib. 3. c. 20. n. 27. seq See the Patent for the Grant of this Soveraignty in Lundorpius Contin part 8. lib. 8. cap. 10. pag. 318. and elsewhere
of these two Countries was left to both Princes joyntly and they to command in them every year alternatively and to have the whole Nobility and other the States subject to them And as it cannot be denied but that this conjunction contributed very much to the peace and qulet of Denmark so the Dukes of Gottorp have used this Right so carefully and discreetly that none of their Acts have in the least derogated from these Treaties of Union which is more than can be said of the Danes for though they talk of the Union when it is advantageous to them yet have they often violated the same in things of the greatest Importance which is proved by this That the Kings of Denmark cannot without breach of the Treaties as most manifestly appears by the Articles of the Union enter into a VVar nor carry it on at their own pleasure without first acquainting the Dukes of Gottorp with their Designs and obtaining his consent to it nor in time of VVar dispose at his will of their Subjects or their Estates who are either in his or in the Dukes Territories But as the will and authority of the Kings of Denmark have sometimes prevailed in other Affairs relating to these Dukedomes so have they affected hitherto to take greater power than the Dukes though but their equals there And this having happened many times before the Danish Monarchy was Hereditary and the Danes since strengthning themselves by little and little are now come to that as to make and expound all manner of Treaties for the advantage of their King and either think themselves no longer oblig'd to them then as they are found such or as they may by them ensnare the Dukes of Gottorp For the Danes publish openly that their King will hereafter order matters in these Provinces the Government whereof is joyntly in him and the Duke as a Prince having the Soveraign Power and consequently use the Duke as his Vassal This Joynt-Government being by the Treaties extended to both Dukedoms it is easily to be seen that the King intends to exercise a Soveraign and Independent Power in Sleswick and afterwards by little and little Usurp the same under divers pretences and especially that of the Union in the Dukedome of Holstein and so wholly abolish the Dignity and Authority of the Dukes of Gottorp either by the Right of a Military Power or by degrees in time of Peace Therefore what one of the Fathers says of Religion That she brought forth Riches but the Daughter devoured the Mother may be said upon this occasion The Vnion brought forth this Joynt-Government but the quarrelsome Daughter has destroyed her Mother The Danes have no reason then to deceive the House of Gottorp and the VVorld with the specious word of Union since every one may see that the former condition thereof is much alter'd and the farther this Danish Soveraignty shall extend her VVings the more the House of Gottorp will be endangered thereby And no body can look upon this as a meer Conjecture and Guess since the Danes have in times past and of late confirmed the Truth hereof and forced the most incredulous to Believe it For in the beginning of May 1677 the King began to demolish the VValls of the Fort of Tunderen in the Dukedome of Sleswick though it appertained to the Duke of Gottorp without speaking a word to him of his design or reason for it Not long before a laden Ship belonging to some Merchants of Lubeck was stranded upon the Shore near Newstadt a Town of the Duke of Gottorp's in the Dukedome of Holstein Now this being without dispute in the Territories of the House of Gottorp and some monys being due to the Duke as Lord of the Place for salvage of the Goods and the keeping of them the Officer of the Place to keep his Masters right caused the Goods to be brought a-Shore and to be shut up in a Barn c. The Duke intending they should be restored to their Owners But soon after came some of the Kings Officers with orders to confiscate the Goods and having broken open the Barn-door without any regard to Law or the Soveraignty of the Place conveyed the Goods away upon several Waggons to Hilgenhaven one of the Kings Towns and thereby manifestly violated the Dukes right having no Orders for the same but from the Kings Commissioners Besides in the latter end of March 1677 the King of Denmark signified to the Duke of Gottorp that he thought fit some Publick days should be appointed for the Subjects to Pray for the Preservation of the Country But herein likewise was a design for it being usual to set three days apart for publick Prayers yearly in his Highnesses Territories in the week before Rogation-Sunday the King resolv'd to take that time and would not expect the consent of the Duke for it but taking no notice thereof commanded those days to be kept in the Dukedome of Sleswick in his own Name alone and in the Dukedom of Holstein in his and the Duke of Holstein's Name thereby infringing the Articles of Union in several respects And though the King publishes he acquainted the Duke of Gottorp with this design yet the Duke did never consent to the thing nor the manner of it It is by meer force and no right that the King deteins that part of the Dukedome of Sleswick which does and did belong to the Duke of Gottorp as we shall at large prove The Duke of Gottorp having already contradicted and firmly contradicting all what his Majesty shall publish or command there in his Name alone Besides the King alone has no right to order matters of the Government of the Dukedome of Holstein which ought to be setled by both Princes not having the consent of the Duke though he cause his Orders to be Published and Proclaimed in the Dukes name as well as his own For a thing is not done by two persons unless there be a joynt consent It is evident therefore that this also has been done contrary to the ancient Treaties and because that the Kings Order had only his Majesties Seal and that the King alone cannot enjoyn the States of the Provinces any thing and especially because that all this hath been done at a time when the Duke according to course ought to have had the direction and Prerogative of the Soveraign Power and Joint-Government from whose Power and Right herein howsoever the Danes endeavour to detract by these pretended Novelties the most Serene Duke did on the first of May 1677 protest against it and having appointed the usual days for publick Prayers doth again hereby repeat his publick Protestation in that behalf Lastly this Calumny has also been added to the above-mentioned as if the Duke of Gottorp though almost entirely ruined by the Danes should intend dangerous practises against their state And first this Story has gone about that he was raising Eight Thousand Men in Ireland to Transport into his Territories and a great
Perfidiousness To prevent which let a full and quick Restitution take away this illegal Sequestration 15. The King caused this Sequestration of the Dukedome of Sleswick to be Proclaimed with a Threatning of Deprivation It is apparent from what has been said that this Sequestration is such executed with that Rigour as if the Duke was actually deprived and devested of the Dukedome of Sleswick though this Deprivation be as unjust and violent as the Sequestration How can the Authors of such Counsels be sufficiently wondred at by those that remember that a Fief is a Contract obliging both Parties and that the Obligation between the Lord and his Vassal is as reciprocal as that between Husband and Wife saith Cujacius Therefore as a Vassal promises to his Lord upon Oath to perform truly safely securely honestly well c. so also doth the Lord to the Vassal and is oblig'd to fulfil it if he doth the contrary he is declared of no Faith Perjur'd and Perfidious by the Feudal Longobardick Law 2 Feud 6. Thence it is that all Felony which deprives a Vassal of a Fief d●prives the Lord also of the Propriety thereof if committed by him and confers it upon the Vassal most especially if the Lord spoils him that holds a Fief from him of his Forts wherein he may keep himself secure much more if the Lord demolishes and destroys them to the ground If he uses the Vassal and his Subjects ill charges them with Imposts and Taxes and Pillages them if he lays Siege to the Vassals Castle or other his place of habitation If the Lord bereaves him of the Fief by his own Authority without cognizance of the cause and judgment thereupon or if judging the cause himself he alienates the same For though the Lord accuse his Vassal of having done some act deserving Deprivation yet he is not to be absolutely believed though he be a Supreme Prince saith Vult●j●s lib. 1. c. 11. n. 55. In a word to repeat the proper Terms of the Law If the Lord enters into the Fief by a bad way that is to say as Baron Schenkius explains it ad lib. 2. F●ud Tit. 22. sed Si vero Vassallus If he breaks i 〈…〉 o Possession not by the way of the Law or Justice but by Violence For in such a case if he refuses wholly to restore the Fief and what belongs to it he may be forced to it by the way of Arms. And therefore if the Lord and Vassals are to be judged in the same manner according to the opinion of all Feudists certainly the King of Denmark hath lost all his Right long before if he had any in that part of the Dukedom of Sleswick which belongs to the Duke of Gottorp and the Duke ought to be Restored against the King according to all Laws 16. For the Duke of Gottorp having received this Dukedome with the greatest Right and in the most absolute manner free from all Vassalage and obtain'd and kept at a very chargable rate the Soveraign Dominion thereof by the so often repeated consent of the King and States of Denmark the unjust Convention at Rendsbourgh cannot savour the King of Denmark's cause in this nor take away the least part of the Dukes Soveraign Power in the Dukedome of Sleswick This forced Agreement his Majesty himself having not a little receded from and first broken by demolishing the strong Towns in which by this very Agreement he was only to put a Garrison for a while and then to restore them carrying away the Dukes Ministers Prisoners who had already bound themselves to the King by the Allegiance he required from them reducing the Dukes Subjects to the last extremities though his Majesty had promised before that not a Hen should be touched and other like things by which things his Majesty seems not to desire the said Treaty should remain in force 17. Lastly an entire Restitution being the common refuge of Princes and Commonwealths to which they have recourse in their Afflictions the Duke of Sleswick cannot be excluded from this Priviledge of all Mankind For though in the Commonwealth of Rome Restitution was to be demanded from the Pretor within a certain time this and the like are only Pleas of the Civil Law Restitution absolutely considered is grounded upon the Principles of Equity which takes its Original from the purest Springs of the Law of Nature and is so much the fitter for injured Princes and free Nations as it is more important to provide for the safety of Commonwealths than of private men For why should not a Prince as well or rather than a private Person be restored unto all his Rights if he has been deceiv'd or injur'd by fraud force unjust fear or the like Certainly there is no reason against it Equity requires this remedy for both Neither is it limited to these alone but it is applicable as often as there is any cause of Restitution L. ● ff de restit in integ Natural Equity it self requires that a man deceived in any thing where others ought to have proceeded with sincerity be fully restored especially since by such deceits whatever is done is anaulled saith a great Lawyer Now who must restore the Duke unto all his Rights What hath been said before doth furnish us with an answer The King of Denmark who has unjustly injur'd the Duke is beyond all others obliged to do it in the Court of Equity and Conscience which demands as ready an obedience as the King himself doth from his Subjects For those that do an ill act knowingly or are instrumental to it are to be put in the number of those that cannot go to Heaven without Repentance And true Repentance requires absolutely if there be time and power that he that has done the Injury make satisfaction for it Grot. lib. 3. de J. B. P. c. 10. n. 3. 4. From whence it appears too that the King ought not only to restore what he hath extorted from the Duke at Rendsbourgh and afterwards but make good also those damages his Highness and his Subjects have suffered by the War and the occasion of it What if the King of Denmark for reason of State excepting against this Court refuses to restore the Duke First I say that the great God is Judge and the truth of his word will not so easily wear away as the Danish Coyn upon which it is stamped Besides the King thereby would give the Duke just reason to endeavour to right himself If an unj●st fear caused by another has forced any one to make a Promise he that hath promised may demand Restitution and if denyed may take it himself Grot. lib. 3. de J. B. P. c. 23. n. 2. When any one demands satisfaction from his Fellow-Subject the Authority of the Magistrate must be employed as Superiour to force the Inferiours And so in the Commonwealth of Rome the Pretor having heard the cause was wont to order Restitution But when a Prince must be restored
and all its Ammunition was delivered up This written Inventory with all the things set down therein were delivered and really received by me under-writen Lieutenant-General of the most Serene King of Denmark and Norway after the performance of the Surrender of the Fort of Tonningen and I do engage my Faith that all shall be fully restored according to the promise of his most Serene Royal Majesty and as it ought to be and to that end have subscribed this with my own hand Charles Arenstorff Out of the Instrument of Peace at Roschild 12. May 1658. As to the pretended satisfaction for the damages received by the last War the most Serene Duke of Gottorp the most excellent Mediators judging it fit condescends out of friendship and affection to remit all his pretensions thereunto for all the Vassalage remitted to him that the Amty between his most Serene Royal Majesty and the Duke and also the Kingdom of Denmark the Dukedoms and the Subjects of both Princes may remain firm and entire and that the good correspondence which ought to be between Allies Brothers and Neighbours may be preserved Out of the League between Sweden and Gottorp made May 24. 1661. And as there is no other cause for the making of this Alliance than to keep the Peace between the Princes of the North inviolate and render the security of the House of Gottorp established thereby more entire and the most Serene Duke of Gottorp not obliging himself in any thing to the King and Kingdom of Sweden but what relates to this Peace and Security and the preservation of the Friendship and Amity between them so no other Leagues whether already made or which shall be hereafter made shall prejudice either of the Parties nor be a hindrance to this Treaty or take place against it Besides the most Serene Duke that he may remove all suspition of his proceedings desires that the extension or interpretation of this League may no ways reach his Imperial Majesty or the Empire or any other Kings Electors and Princes if they do not injure the Duke contrary to the Peace of the North and he also reserves to himself the liberty to keep and improve by the best ways he shall think fit that good correspondence with the King of Denmark which may and ought to be between Neighbours and may be most advantageous to his Family Provinces and Subjects without derogating from the Peace of the North. Out of the Peace of Roschild made the 26 Feb. 1658. Art 22. His most Serene Majesty of Denmark shall be obliged to satisfie Prince Frederick Duke of Sleswick and Holstein-Gottorp according to Equity which satisfaction shall be treated of by his Royal Majesties and his Highnesses Commissioners yet so as that this Treaty be finished before the second of May. Out of the Instrument of Peace between the most Serene King of Denmark and the Duke at Copenhaguen 12 of May 1658. Art 6. And so in the Name of God the Grievances and Demands exhibited are either absolutely or provisionally taken off to the satisfaction of the interessed and the King and Prince do promise bona side and in words without equivocation that they will keep this Treaty and not recede from it under any pretence whatsoever whatever it may be and observe these Articles as faithfully as those of the Peace at Roschild employing all their cares to transmit and propagate this Friendship now renewed perfect and entire to their Posterity We Frederick III. King of Denmark and Norway c. declare by these Presents that we have after mature deliberation upon all that has been proposed by the Lords Mediators either by word of Mouth or in Writing concerning the Treaty and Conclusion of a Peace consented and by vertue of these Presents do consent to the same as far as they agree with the Acts passed by the three States for the establishing a Peace between Us and the King of Sweden Copenhaguen August 23. V. S. 1659. Another Declaration of his most Serene Royal Majesty upon the business of the Peace to be made with the King and Kingdom of Sweden presented to the Lords Mediators Plenipotentiaries at Copenhaguen We Frederick III. by the Grace of God King of Denmark and Norway Duke of Sleswick and Holstein c. To all and every one whom it doth or may any way concern Be it known that as we have among other things as well by our Declaration of the 14 24 August shewed our great propensity to a Peace to the Lords Mediators of the three States as by another of the 25 4 August Sept. delivered by Our Order into the Hands of the same Mediators by which we declare that after a due consideration of the Propositions of their Excellencies made as well by word of Mouth as in Writing the 18 28 of the same Month for a happy Issue of this present Peace We do consent to them all as far as they are agreeable with the resolutions past by the three States the 11 21 of May the 14 24 of July and 25 4 July August about the Peace to be made between Us and the King and Kingdom of Sweden so we do hereby testifie and confirm that VVe adhere still to the same Declaration and to give a greater proof of our said Inclination for Peace and to take away all sort of suspition of the contrary VVe declare by these Presents that VVe desire nothing more than that the Commissioners of both Parties without any delay of time may meet at the place before appointed for the Treaty of Peace and by the Mediation of the Ambassadors of the three States make a happy conclusion of the same without any further delay And VVe relying entirely upon the Integrity and Equity of the said Lords do also hereby declare That if it shall be thought fit to add or change any thing in the Treaty at Roschild we remit and leave it all to their discretion and care In greater trust and certainty whereof we have to these Presents set Our Royal Hand and Seal at Our Court at Copenhaguen the 19. of March 1660. Frederick III. Out of the Instrument of Peace at Roschild renewed in the Year 1660. Art 27 28. VVhereas it was agreed by the 22th Article of the Treaty at Roschild that his Royal Majesty of Denmark should be obliged to give an equitable satisfaction to the most High Prince the Duke of Sleswick and Holstein-Gottorp and his said Majesties and his said Highnesses Commissioners after several Conferences held at Copenhaguen the 12 22 of May 1658 having at last come to a final Agreement and Conclusion it is hereby stipulated that all those Treaties and Transactions shall be exactly observed and fulfilled faithfully on both sides Moreover if there has happened any thing in this or the precedent VVars which may any way create animosities and jealousies between his most Serene Royal Majesty and Kingdom of Denmark and his most Serene Highness the Duke of Holstein-Gottorp or any thing between