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 â—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 Hâ—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
the Duke of Gottorp has not yet been able to learn the particulars and conditions of the Agreement The King of Denmark in the mean time challenging to himself the whole Power in these Countries against all Right and excluding the Duke of Gottorp from all share not only there but also in the District of Stad-budjad a Fief of the House of Brunswick and Lunenbourg For when this Cause was under debate in the Imperial Court the King of Denmark himself by Letters to the Duke of Lunenbourg desired him amongst other things to intercede with the Emperour that the said District Stad-budjad no ways belonging to those Provinces might not be involved in that Controversie The Duke obtained his desires from the Emperour and therefore when the Sentence given by his Imperial Majesty concerning these Countries came to be put in Execution The Dukes of Brunswick Lunenbourg exempted again the said District from the Execution and in express terms reserved to the House of Gottorp their Rights in it Notwithstanding all this the King commanded Homage to be paid to him alone by all the Subjects of that District not only excluding the Duke but using his Ambassador ill who had entred his Protestation against it and attempting also to Usurp to himself the Toll of E 〈…〉 upon Weser belonging by Inheritance partly to the House of Gottorp and partly to the Kings of Denmark endeavouring to dispossess the Duke of both While these Differences encreased more and more the King of Denmark in order to the carrying on his designes against the Swedes and the House of Gottorp the more secretly and succesfully caused the Swedish Ambassador then at Copenhaguen negotiating a Marriage for the King his Master and thereby a firm Peace to be received with the greatest demonstrations of kindness and friendship And at the same time the Chancellor of Denmark wrote very civilly to the Resident of Gottorp then at Hambourgh telling him he would meet him half way to endeavour a fair composition of all the differences betwixt the King and the Duke which he said he desired above all things and doubted not but a few hours would put an end to what had been kept on foot so many years if he would be pleased to meet him accordingly The King himself afterwards declared his mind to the same purpose to the President more than once and last of all by the Earl of Oldenbourgh who told the President that the King desired nothing more then to have his Presence and assistance to accommodate these difficulties in so critical a juncture by which compliance of his he would oblige his Majesty who was inclined to hearken to an accommodation After this the Earl was sent by the King to the Duke of Gottorp to assure him of his Friendship and let him know the necessity of the President 's going to his Majesty and after a short stay went to Hamborough with Letters from the Duke to the President for whose further security to come to the King at Rensbourgh his Majesty sent him a Passeport and one of his Trumpets Soon after the King of Denmark going to Holstein to put his designs in Execution acquainted the Duke of Gottorp with his Journey desiring him not to be troubled at it as having no other intention therin but to compose all things to both their satisfactions The Duke of Gottorp trusting to several Letters full of the like assurances when the King was on his way with all his Army to Holstein sent one of his Gentlemen to Hadersleby to complement him and went himself soon after with his Brother the Bishop of Lubeck and the Earl of Aldenburgh then returned from Hambourgh to meet his Majesty waiting upon him at Hensbourgh after which the King being to go through Dennewerk and his Highness having entertained him there with all imaginable respect and splendour the King desired him to come and see him at Rendsbourgh where he was to stay for sometime and for a larger expression of kindness both his Majesty and his Chancellor drunk several times to the good success of the approaching Consultation After this Adolphus Kielmannus chief Minister to the Duke of Gottorp notwithstanding his Sickness and the dissuasions of his Friends went directly from Hambourgh to Rensbourgh where having confer'd with the Chancellor of Denmark above eight hours about the principal matters in debate he offer'd the Government of Tunderen for the County of Oldenbourgh and Delmenhorst and having removed all other Impediments he could think upon and taking the business to be near its conclusion and to want nothing but the ratification and subscription of the Princes he went to Gottorp to let his Master know how far they had proceeded and with what success The Prince himself that nothing might be wanting on his part for composing the remaining Differences deputed Adolphus Buchwaldius Governour of Sleswick Frederick Kielmannus the President and Andrew Cramer one of his Counsellors of State with a special Commission to go to Rendsbourg June 22. 1675. being Arrived there they confer'd the next day with the Earl of Rantzo and the Lord Wibius and Gloxinius his Majesties Counsellors of State and they being the same that had assisted at the Assembly of the States at Kilon on the part of the King without effecting any thing renewed the matter of the Taxes saying That the King persisted still in his demand of the greater part of them for the maintenance of his Army which granted his Majesty would bind himself by Reversal Letters as they call them a thing not so much as mentioned in the Assembly of the States never to make this a President for the future But the newness of that being a prejudice great enough the Duke of Gottorp thought it not secure to recede from the Antient Customs yet to gratify the King he made this Proposal That the greater Taxes should be paid but to be equally divided and employed by each Prince in raising and maintaining Souldiers for the defence of the said Dukedomes and that the States might the easier consent thereunto he desired the whole business might be proposed to them it being most agreeable to Antient Customes and former Treaties especially that of the Union to consult the States about raising of an Army maintaining and quartering it and then proceed according to their resolutions While they were thus debating concerning Taxes and other things the Chancellor of Denmark wrote from Rendsbourgh to the President Kielmannus acquainting him that the King being ready for a Treaty it would be advantageous to both Princes if the Duke of Gottorp would please to come to the King at Rendsbourgh and by his Presence promote an Amicable composure of all these matters The Duke remembring his Majesty had desired the same thing of him at Dennewerk to shew at once his duty to the King and his inclinations to Peace sent one of his Gentlemen upon St. John Baptists day to his Majesty to acquaint him that his Master was ready to wait upon him
Trumpets sounding and having caused the Dukes Armes upon the great Guns to be defaced sent them with all the Ammunition partly to Rendsbourgh and partly to Copenhaguen and exacting also Contributions to the value of many Millions of Gold and a prodigious quantity of Corn Chariots and Horses wasting all the Dukes Villages and Towns with Quartering his Souldiers in them and causing them continually to pass and repass to and fro This his Majesty does to this day not having remitted a penny of Taxes and Impositions for the Dukes Subjects thus expressed though many times desired to it by the Dukes Letters and his Ambassadors and using the Duke at the same rate not permitting his Subjects and Servants to pay him any thing of his Revenue that both Prince and Subjects might at last perish by Famine and the many other Calamities they are forced to endure The King nevertheless being extreamly vexed that the Duke had chosen his abode in a City so Famous and Populous from whence the whole Story of the Barbarity exercised against him and the breach of so many reiterated Engagements might be spread over all the world employed all sorts of Persuasions and Cunning to get his Highness back and have him again in his Clutches and at his disposal but his Highness warned by his former Usage having learnt to distrust would not be prevailed upon His Majesty for all that remitted nothing of his Prosecution against the Duke and both by Letters and Envoys demanded especially with great earnestness that the Duke in compliance with the late Treaty if it may be so called at Rendsbourgh would solemnly receive from the King the Investiture of the Dukedome of Sleswick threatning for default thereof to Confiscate the same On the other hand the Duke sent him word that the Transactions at Rendsbourgh were so unjust that he thought his Promise less engaged thereby than the Danish Reputation Yet for fear of exposing his Subjects to greater Cruelties and to comply with the Times and the advice of those who thought that in Civility to the King the Duke would do well to send some Gentlemen to know his Majesties pleasure and upon what conditions he was resolved to grant that Fief for it is certain that it had been held formerly upon different conditions the Duke thereupon sent his Ambassadors to Copenhaguen to desire the King that he would be pleased first to remedy some of the chiefest grievances which had Relation to the Fief it self and then declare his pleasure about it The Ambassador during their stay at Copenhaguen had no success and having once mentioned the Grievances were scarce ever after admitted or heard the word Grievances offending the Danes extreamly and the Kings design being without any regard to them to order all things according to his own Pleasure Therefore the Ambassadors being advised by the Queen-Mother to return to their Master and let him know the whole business and the eminent danger a delay would cast him into and to return with new Instructions from him agreeable to the Kings will they parted from Copenhaguen without their Masters knowledge or effecting any thing But the King interpreting this and other things in the worst sence sent a little after three Commissioners to Sleswick the Metropolis of the Dukedome viz. The Earl of Rantzo the Lord Gloxin and the Baron Lenten Assessor of Gluckstad with Orders to Sequester the Dukedome in the Kings Name and absolving the Magistrates and People from their Allegiance to the Duke oblige them to take an Oath of Fidelity to the King and if any refused it to deprive them of all their Offices to bring in all the Dukes Revenues into the Kings Treasury and put a Garrison again in the Castle of Gottorp adding these secret Instructions that if the Duke did not comply with the Kings pleasure within six weeks and accept this Fief upon the Kings terms it should for ever be annexed to the Kingdom of Denmark And that these new Orders of the Kings might be more publick and the better observed the Kings Proclamation to that effect was published and affixed at Sleswick in opposition to which Usurpation the Duke published another together with his solemn Protestation commanding the States of the Dukedome and all his Subjects to continue in their Loyalty and Obedience to his Highness The Narrative of the matter of Fact might very well end here but that many calumnies thrown upon the House of Gottorp must make part of it Therefore that the Truth and the Innocence of the most Serene Duke may appear the better and to take off all subject of cavil from the Danes we will say something about what the Danes pretend to be most offended at that so the Justice of the Dukes Cause may be more evident First of all we shall speak about the Dukedome of Sleswick and shew that the Danes had not always the same right over it but sometimes little or none For when antiently the Venedi had great Wars with the Danes the Diocess of Sleswick being chiefly inâ—ested by their Inroades and Robberies to prevent it the Kings of Denmark erected it into a Lieutenancy to oppose them as formerly the Emperor had erected Denmark into a Marquisate In the beginning of the twelfth Century â—he Vandals having invaded Sleswick and razed the chief City thereof no body would accept of that Lieutenancy till at last Nicholas King of Denmark turn'd it into a Dukedome about the year 1118 and made his Brothers Son first Duke of it who being Murthered by his Subjects was Canoniz'd and call'd St. Canut Now whether this Canut received the Dukedome to hold as a Fief of Denmark is not only questioned but rather denied by the great Historian Jo. Adolphus Cypraeus in his Annals of Sleswick lib. 1. cap. 21. 'T is true it cannot be disputed but that the Kings of Denmark grant the same to be held as a Fief from them but the terms upon which have been different and the Kings sometimes reserved nothing to themselves but the Solemnity of the Investiture For Waldemar the Third with the Advice of the States of the Kingdom gave to Gerhard Earl of Holstein his Vnkle for him and his lawful Heirs the Dukedome of South-Juitland cum Dominio utili directo and all things belonging to it and all the Vassals in the Diocess of Sleswick to be enjoyed for ever by him and his quietly and peaceably and to be held as a Fief with the Armes of it Renouncing for him his Heirs and Successors all the Right that ever they had in the same Two years after King Christopher made over the Island of Femeren with the Propriety of it to John the III. Earl of Holstein and all his Heirs as well Male as Female to be held likewise as a Fief which Donation was confirmed by Waldemar the IIII. his Son And Christopher the II. being restored to his Throne Waldemar the III. who had Resigned it had the Hereditary Dukedome of Sleswick conferred upon him
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 câ—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
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 dâ—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 Vultâ—jâ—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. Fâ—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. â— 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 unjâ—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
no small jealousies to his Royal Majesty that he may hereafter be more secure of the intentions of his most Serene Highness and all occasion of mistrust be wholly taken away it is agreed and covenanted on both sides that it shall not be lawful hereafter for his most Serene Highness to make any Alliances with Forrein Princes and States without a previous communication with his Majesty and his consent obtained nor make use of any of those already made to the prejudice and detriment of his Royal Majesty V. And that the Forts and Strong-holds that are necessary for the Defence of these Dukedoms and Countries therein incorporated may be provided and furnished with all necessaries according to the Exigencies of times and the threatning dangers with least trouble to the States of the Provinces both Parties have agreed that hereafter the Contributions shall be brought into a common Treasury and shall not be imployed to any other use than this now mentioned VI. But because the Contributions that have been paid till now have been so far from keeping the Souldiers which are appointed for the Defence of these Dukedoms that his Majesty has been necessitated to add considerable sums out of his own Revenue and his most Serene Highness having put into his Coffers the best part of the Contributions he has received and employed the same to other uses for which his Majesty pretends a satisfaction to be made to him Therefore in lieu of a compensation and that all things as much as is possible may be re-establisht in the same state and restored according to the Rule of the antient Division which Hereditarily has been granted to each House His most Serene Highness quits wholly and for ever to his Royal Majesty the Territory of Swabstadt with half of the Chapter of Sleswick and of the Cathedral Church which together with the said Territory of Swabstadt was heretofore yielded to his most Serene Highness by his Sacred Royal Majesty of glorious Memory with all the Appurtenances Revenues Profits Domains Prerogatives and Royalties as his most Serene Highness had the same yielded to him and has quietly possessed till now VII As to the Controversies about the limits and other things relating to the Territories of Ripen and Tundern the discussion whereof remains in suspence till now they shall be decided by Equity and according to the Opinions of the Royal Commissioners who were present at the last Assembly held for that purpose and if hereafter any differences or disputes should arise either between his Majesty himself and his most Serene Highness or their subjects which cannot be determined by them they shall be composed amicably and according to the Articles of Union VIII And nothing being intended on both sides by the renewing of this Union and Treaty but to re-establish a perpetual and most necessary good understanding between the Royal and Ducal Families and to keep the same inviolable for ever and the novelties and changes which have happened in process of time having given not a little occasion of mistrust it is at last agreed and Covenanted that to reduce all things to their former condition as soon as may be his most Serene Highness and his Successors shall renounce fully and for ever their Soveraignty over the Dukedom of Sleswick and it's appurtenances together with the Island of Femaria which they obtained by the Peace of Roschild and the Treaty of Copenhaguen in the same manner as if they had never obtained or been in possession of the said Soveraignty and shall be obliged no less than heretofore within a year and a day as often as the case either by the death of the Lord or of the Vassal shall happen to demand and receive in due manner as heretofore hath been used from the Kings of Denmark the Investiture of the said Dukedom of Sleswick and it's Appurtenances together with the Island of Femaria and to perform all things according to the form prescribed by the Act of Renuntiation to be made by his most Serene Highness for which end his most Serene Highness has also obliged himself to deliver up again and consign into the hands of his Royal Majesty the Instrument he received from his late Sacred Majesty of glorious Memory and from these Senators of the Kingdom then in being which is hereby made void and rendred null Lastly this Union and Transaction shall remain entire and firm as the Basis and foundation of an everlasting Friendship and Alliance between both Houses and as a strong obligation by which his Royal Majesty and his most Serene Highness are joyned together and shall be inviolably observed by both parties and their Successors neither shall any of them do any thing contrary hereunto or suffer the same to be done and besides all that is not here altered shall by vertue of the antient Treaties remain in full force For the greater assurance of the performance of these Presents these Articles of Union and Agreement have been by Us as well his Majesties as his Highnesses Commissioners deputed for this affair signed and Sealed at Rendsbourg the 10. of July 1675. Out of the Articles of Vnion made 1533. Neither Party shall enter into a War without the Counsel and consent of the other And the same is confirmed by the other Treaties of Vnion Out of the Transaction at Othenwaldt 1579. If his Majesty for the defence of his Provinces and Subjects or the Conservation of his Dignity is necessitated to take up Arms so that the business cannot be determined by way of Justice or a fair Composure the most Serene Duke of Gottorp if the War hath been undertaken and ended by his advice and with his full consent after a previous deliberation shall be obliged to send the Succours agreed upon Out of the Concordats of the Kingdom of Denmark and the Dukedom of Sleswick Holstein 1593. Neither of the Parties shall make War without the Advice and consent of the other but if it happen that the King and Kingdom of Denmark and the Dukes of Sleswick and Holstein consent to refer their Controversies to the Cognizance and Decision of a Judicial Court and nevertheless either of them be attacked by force of Arms the other Party shall send such â—roops to his Assistance as by the following Articles are agreed upon Out of the Vnion renewed in the Year 1624. The Party whose Counsel and help is imployed may and ought to make use of this Right to profer his Mediation to the Parties entring into War for the composing their differences without coming to Arms and to this end must invite and joyn with him other Neutral Princes and States and if there be time and no danger will arise by delay let him propose all just and equitable conditions not derogating from the Dignity of the Princes engaged nor prejudicial to the cause and try what success that may have before they come to an open Rupture Out of the Inventory 4 Jul. 1675. made when the Fort of Tonningen
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
aforesaid Duke to a better and more exact observance and execution of the Ancient Treaties and all others to the performance whereof he has bound himself and seriously dissuade him from his usual pernicious designs against Us. The many proofs VVe have of your Justice and your experienced commendable Constancy and Faithfulness in keeping your Treaties makes Us promise Our Selves this from your Majesties friendship being also resolved never to suffer any thing to be wanting in Us that may prove for the advantage of your Majesty and your Subjects and perswade you of Our sincere affection towards you By which your Majesty c. Given at Our Court at Landscroon the 4th of August 1677. The Duke of Holsteins Letter to his Majesty the King of Great Britain in Answer to the King of Denmarks Most Serene and Potent Prince c. HAving had a view of the Letters written to your most Serene Majesty by the King of Denmark the 4th of August of this present Year We find by them that his Majesty of Denmark does indeed commend your Majesties offers of Mediation for composing Our Controversies but in reality shews an aversion thereunto and declines it as unnecessary endeavouring to demonstrate the same by colouring his Actions with the specious pretence of ancient and late Treaties and accusing Our Lord and Father and Us with a great many things These Letters being full of such complaints VVe cannot but defend Our Innocence and free Our Honour from such accusations by letting your most Serene Majesty understand Our Reasons why the differences between Us and the King of Denmark ought not to be excluded out of the Negotiations for an Universal Peace not indeed can be debated any-where else without great danger and prejudice to Us. VVe have been so observing of the ancient Treaties and Alliances that for several Ages the Dukes of Gottorp have lived under the Authority and at the Devotion of the Kings of Denmark But VVe are not by any Treaties to be oppressed by those who are obliged by Vertue of Our Alliances to defend Us nor are VVe to submit Our Selves to a voluntary Slavery but are rather by the said Treaties freed from so sad a Yoke Let the Kings of Denmark but consider how they could make VVars upon VVars and involve the Dukes of Gottorp's Territories so often in the Calamities attending VVar not only without consulting the Dukes but against their will and earnest dissuasions from the same without breach to the ancient Treatâ—es and Alliances from which VVe are sure it cannot be proved that Our Ancestors ever receded rashly or unjustly As to the Articles of Rendsbourgh VVe confess that VVe do not think Our Selves further oblig'd to them then either the goodness or equity of the cause or of the way of proceeding will oblige Us. We came as Friends and Guests to Rendsbourgh inticed with great hopes and ample Protestations that all things should be sincerely and fairly transacted and determined But We were against the Laws of Nations and Friendship Treated like Enemies detained Prisoners guarded with Souldiers and at last sent from one Prison to another every-where besieged and through fear and threatnings compelled unjustly to most unreasonable conditions which the very way of proceeding argues to be null Therefore VVe are so far from consenting to them freely and voluntarily that VVe have never so much as freely ratified them For those things that are done by force and through fear may be sometimes made valid by a subsequent free consent yet no consent is to be esteemed such except the person who is said to have consented freely be first set at full liberty when on the contrary fear once caused in any transaction is supposed to continue still and VVe were the more disturbed thereby because VVe were by the King deprived of all good Counsels Our Principal Ministers being violently carried away Prisoners to Copenhaguen and the rest frighted from Us by this unheard-of Example The Soveraignty of the Dukedom of Sleswick purchased with a very good Title and at a dear rate was yielded up to Our House by Frederick the Third King of Denmark by his own free and often repeated consent and has been quietly possessed by Us for above Sixteen years neither is it any matter that it was obtained partly by the fortunate Successes of the Arms of Sweden since it is undoubtedly true that VVars may be made not only for Oâ—r own good but for the good of others and that the King of Sweden was then justly provoked to take up Arms against the Danes and that if the King of Denmark has suffered any force it being but just he cannot pretend to any Right of Restitution VVe cannot like wise conceal that by this and the foregoing Wars made by the Kings of Denmark VVe have contracted many great Debts and Our Subjects are so exhausted by Contributions that part of them have been forced to quit the Country and the rest are glad if they can get the coarsest sort of Bread to eat Now when VVe quitted by the last Treaty all Our pretensions of satisfaction from the King of Denmark in consideration of the Soveraignty which was yielded up to Us what have we got I pray that any one should envy Us for It is the King of Denmark only is the gainer who by that opportunity got the Soveraignty of that part of the Dukedom of Sleswick which is his and thereby soon after an occasion of getting the Monarchy of the whole Kingdom Therefore since that Our Lord and Father was by so many Solemn and publick Treaties absolutely freed from the tie of Vassalage and Homage it cannot certainly be imputed to him that he had without any regard of his Alliance to the Kingdom of Denmark extorted the Soveraignty of the said Dukedome unless the King will slight all the Treaties of Peace and Conventions that have been made upon that occasion and by his Example incite the Kings of Spain and Poland nay his own Subjects to repossess themselves of their lost Provinces and Ancient Rights and Authorities as soon as they shall have an occasion and power to do it We do with all gratitude acknowledge your Majesties favour that besides the general Guaranty of all the conditions of the Peace at Roschild you have been pleased to oblige your Self to a special one for the Preservation and Assertion of this Soveraignty It is without any ground the King of Denmark pretends that VVe obtained the Soveraignty by the favour of Cromwell only For besides that the good Offices and Mediations of other Kings and States intervened in this Affair and the conclusion thereof VVe do not well conceive how the King of Denmark can show which of the Usurpers Acts your Majesty is pleased to hold â—or good and which not For it will not consist with reason of State and the publick good that they should be all annulled Nay if the King of Denmark will be pleased to look into the circumstances of this matter he