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

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the Swedes neither took upon them any judgement thereof nor was War threatned upon that account nor was any endeavour used to disswade an amicable composition or a lawful decision But rather her Majesty out of the respect of friendship and neighbourhood earnestly recommended that controversie to the Danish Ambassadors that differences might be composed upon equal terms sweetly as between kinsmen and without further difficulty or bitterness of contention Of like nature is that which is said concerning a design of invading the County of Delmenhorst and of orders given to that purpose as also about disputing the title of Dithmarse all without the least justification of truth Without question a scruple of conscience was the cause of that suspicion and that suspicion thrust forth an expression of what was justly feared since the King of Denmark is not ignorant of the rights which the Dominion of Bremen hath upon both those lands As how the County of Delmenhorst was of old a Fee of the Archbishoprick (34.) N. 34. and there yet remains an action against the Counts of Oldenburg for a fraudulent usurpation upon that right and when Christian the last of the Counts of Delmenhorst departed this life the Chapter opposed the Counsellors of the Count that succeeded by making a Protestation and a reservation of their right Then how Dithmarse (35.) N. 35. was violently rent from the Archbishoprick within these hundred years the inhabitants thereof invaded by arms and forced to obedience how the Archbishops complaining to the Emperour of the injury desired his aid against their powerfull adversary and reserved their rights purloined and abused by the craft and hypocrifie of the Danes (36.) N. 36. Lastly although when the Archbishoprick came to the Princes of Holstein and thenceforward for the interest of their House the controversie lay a good while covered under the ashes of silence yet was it never to this day totally extinguisht nor did the Arch. Bishops or all the States renounce their rights They reckon amongst their imputations those letters which his Majesties Ambassador in Germany Count John Oxenstiern out of that care of preserving peace which is incumbent upon the Office of an Ambassador writ from Wismar the 26. of February 1657. to the Lords Directors of the Circle of Lower Saxony at that time when the war was already resolved in Denmark and matters were very near breaking out into hostility (37.) N. 37. They contain nothing but what agrees with the Instrument of peace and whereunto the States of the Circle were bound without any other excitation as well by the Constitutions of the Empire publisht for the execution of the general peace and so many times confirmed as from the Warrantie promised to the King and Kingdom of Sweden in the last pacification For those Constitutions do principally oblige the Circle and ordain that by their providence disturbances may be prevented and the lands situate under them defended against violence How necessary these rules were appears by the sequel how beneficial not onely to the Territories of his Majesty and neighbours but even to those that the King of Denmark holds in Germany if they had their force and authority is evidently perceived by the damages and inconveniences caused by the Danes rashnesse and by those we have just reason still to expect There is that considence to be reposed upon the consent of the States of the Empire if they would not suffer the passion of the Danes to prevail over their reason in this particular that as there is no man but will disapprove and take to heart the invasion of the Imperial Provinces and the bringing of a War upon Germany so he will think it well done to give provident and timely admonitions for averting the violation of the publick peace Nor was there any other thing declared as well in the answer of the Lords Directors (38.) N. 38. as in that which they and the Supreme Officers of the Circular Militia out of their care of the common tranquillity writ to the King of Denmark (39.) N. 39. and afterwards took upon them to do it The King of Denmark hath no reason to think that Letter was framed to render him odious which could never have been done so effectually and deeply by a writing intended to a good end as he hath drawn it upon himself from the poverty destruction wasting and ruine of so many innocent men and Countries by his inconsiderate Arms seeing all those evils must be charged upon his score that follow the precipitation of his attempts and the necessity of a defence The objection of not observing the laws of the Empire concerns other people neither doth it appear by what right that charge is made without authority from them the rashness of the action onely is evident while the parties concerned are silent because in truth there is no such matter nor any ground for a complaint It is not yet out of the memory of man what the Empire and the States thereof nay what the common Liberty and security lost by that war and peace made by the King of Denmark in Germany nor what they regained by the bloud and labour of the Swedes The last peace visibly declares that the Kingdom of Sweden desired not to diminish any thing of the ancient Rights belonging to Germany and its States whatsoever remained of that kind was carefully restored guarded and confirmed We are content the publick acts should bear testimony how the Swedish Counsels and votes in the Assemblies of the States of the Empire and of Deputies yea and of the Circles too have alwayes been carefully directed and given for peace and publick safety That which of late years the Circle of Lower Saxony decreed at Luneburg and Brunswick was concluded the King as Duke of Bremen not gainsaying nor dissenting from the major part of votes nay happily directing and encouraging them in the last Assembly when the Ambassador of Danish-Holstein raised no small strife and disturbance and stubbornly opposed the Circular defense well agreed on before which being referred thither by the last Diet was diligently treated and as much as in him lay brought to effect Hitherto no man hath been heard but the Dane nor he neither till he would be an enemy that could say he had received any offense That the raising of Souldiers in Germany for the Polish War should entrench upon the Constitutions of the Empire is an unjust objection while he himself doth that against a Member-State of the Empire and its Provinces which he blames for being done against a forrein enemy to no prejudice of the Empire at all Thus he hath not observed what he requires of another But further the objection is ignorant by the publick right of the Empire it is permitted within the limits thereof even to forrein Princes and people held to be a point of the Germane liberty never denyed to any but declared enemies of the Empire and practised by many
treacherous designs and false colours whereof without question they understand by this time since they find the incommodities of a War so rashly brought upon them the cruelty of the Danes dangers and charges ●encreased pon them for defense against irruptions and running invasions and that the Danes are the onely cause of all these mischiefs And seeing a deliverance from these miseries cannot be hoped but by an end of the Danish vexations they will think it concerns them to oppose their attempts the more vigorously We do not adde with what fallacious and vain ostentation these things are written by the King of Denmark while every one sees the miserable condition of his own Subjects groaning under far greater burdens and inconveniencies that they live almost without justice liberty or a competency of livelyhood subject to the ambition and avarice of a few sighing and panting after better things but while the War lasts expecting little support and no relief from him and when it is ended nothing but that tyranny and slavery which he hath long aimed at At last a pretense is raked out of those things that past with the Dantzickers when yet nothing can be pickt from thence that is not justifiable by the Law of Nations and deservedly inflicted upon them nothing that the King of Denmark can pretend with equity to vindicate by Arms without prejudice to the publick The Counsel of Sweden declared as much by their Letters written by way of Answer to the Counsel of Denmark in the year 1656. (41.) N. 41. To which he replied nothing in his answer returned the 26. of April in the year following but that he excused their bold and stubborn resistance from the allegiance that City ought to the King of Poland adding nothing how it concerns the King of Denmark nor of the right that involves the Subjects and adherents of enemies and what means ought to be used against them By an old Law of Nations practiced time out of mind whereby Subjects become obnoxious to those actions of War in which Kings are engaged and are dealt withall by the Law of Arms after his Majesty had accepted of a decision by the Sword betwixt him and Poland he might lawfully invade a City subject to their power and favouring their injustices and so much the rather because it had formerly been in part an occasion of that War and whereas before the truce it was obliged to the Kingdom of Sweden to run the hazard of their fortune after the same was broken by the treachery and plots of their adversaries it ought to return to its former condition and so might most justly be reduced But though his Majesty might well enough have made it the first step of his military Engagement and had right to invade it as an enemies place yet he dealt so graciously that in regard of Religion neighbourhood and traffick he suffered his Resident and others if they would timely provide for their own quiet and safety to make them fair offers and such as were accompanied with no prejudice upon condition they would forbear hostility neither abetting his enemies with favour and assistance nor disobliging him But when they refused that and not onely entertained an union of affections and counsels with the enemies but turned all their abusive and treacherous helps upon the Swedish part all their reall courtesies upon the Polanders it was impossible to avoid the exercising of justice upon a declared enemy And yet that was done with great moderation rather to sweeten their minds and induce them to a care of their safety then to bring ruine upon their City Neither was there any stop or prejudice upon their Trade which his Majesty left free and no man excluded though he might justly have forbidden it Only he was necessitated to impose Custom but that very easie and moderate for preventing their malicious attempts and maintaining a Navy to watch against the same Which surely is not to be blamed when it hath been a practice in all ages with Kings and Nations absolutely to block up their enemies Ports to hinder the importation of Commodities and all Trading with them to punish their Navigations with the confiscation of Ships and goods Neither have any people ever suffered it to be brought in question whether such proceedings are just against the Subjects Cities and Ports of enemies When his Majesty declining the use of that right left Trading free and secure in an enemies Countrey under so small Custom he could not perswade himself any man would be so unreasonable as not to think they were bound readily to acknowledge they had a very good bargain enjoying the liberty of traffick upon such easie terms contrary to the custom of War Besides they needed not to have paid it if they would have been content to forbear Trading as is usuall in the time of hostility It is not unknown how far greater Taxes have heretofore been imposed by others without any just ground Whatever was done in this case the Law of War will justifie but that less was done then might have been appears by what others use to do which hitherto we have not practiced Much of this civility in these matters was upon the score of friendship with neighbour States and particularly of that which was thought to continue still with the King of Denmark For assoon as it was understood that he took offense thereat although none was given him that small imposition was forborn and the Fleet drawn off Moreover during the Treaty with the Ambassadors of the Lords States of the Vnited Netherlands held and accomplisht at Elbing room was left open for the foresaid City to be comprehended that in the very heat of War it might have enjoyed Peace and all its advantages and that no man might complain of any want or obstruction of Trade (42.) N. 42. Nor was it refused if the Dane had been so pleased that the same should be inserted into those agreements which were in hand with him at that time But as the King of Denmark employed his uttermost industry to hinder the ratification of the league renewed with the Hollanders so by his crafty insinuations he moved and encouraged that City rather to put it self upon the hazard of War then to enjoy peace with a continued and flourishing Trade by the agreements of Elbing Which intention of his that he might the better compass when the Swedish Fleet was totally withdrawn from before that Port he both permitted the Holland men of War to pass the Sound as it were to beset the same Port and caused his own likewise to come up just as the Treaty was brought to a conclusion The event clearly showed what he did contrary to the desire of Peace and the obligation of good neighbourhood and what effect it had in a City brought into confusion by his artifices Which Peace being first scornfully rejected and afterwards violently opposed by them made them unworthy of the benefit that had been offered
nothing either of right or truth in the things upon which they bestowed those attributes and how on the contrary much more and greater wrongs had been done to the Kingdom and inhabitants of Sweden whereof they might more justly and truly complain and require satisfaction (8.) No. 8. And when at last with much difficulty even at the request of the Mediator he had obtained a discovery of all the remaining grievances (9.) No. 9. and replyed such things to them as were convenient (10.) No. 10. he forbore not still to press that they should be referred to an examination appointed and prescribed by agreement of both Kingdoms where they would receive a certain and finall determination and be observed in the mean time by clear indisputable Covenants the negotiation of the League being not to be interrupted for doubtfull pretenses that would require a longer and deeper inquisition But the Danes having no patience to bearken to those proposals even before a just proof of any grievance was made totally laid aside the treaty of the League obstinately desiring that the peace made at Bremsbro which ought to be the foundation and rule of this should be changed and so prosecuted nothing else but their demands of satisfaction and security Under these shadowes they endeavoured to cover but so as it appeared sufficiently their desire to have those Lands restored which when they could not be taken from us were in the last peace left irrevocably by their Kings own word and authority by way of recompense for our laying down armes and for a farre larger tract of ground delivered to them And although it were demonstratively proved that such things were desired without right and reason to wit satisfaction without either debt or damage Security otherwise then by Covenant and as it useth to be betwixt Princes in amity nay without any colour of danger presupposing that all this was built upon suggestions not yet proved nor contributing any thing to peace and friendship that what had been yielded up for the peace sake could not be brought in question without the breach thereof that such things were incongruous both to custome and the reputation of Kings that to have their Covenants the very bond and strength of concord altered could not be for the interest of both Kingdomes nay was utterly against the obligation of friendship and neighbourhood and in that regard opposite to the very intent of Treaties yet for all this he prevailed nothing Considering therefore the designes and practises of the Danes in the mean time out of the obdurateness of their hearts what counsells decrees and preparations for war were made in their publick assemblies at home what conspiracies and malicious Leagues were entred into abroad with the declared enemies and the uncertain friends of Sweden the raising and embodying of great forces being hastened every where exactions and burthens being increased upon the Lord Frederick Duke of Holstein and his Territories out of hatred to his Majesty of Sweden whose Father-in-law he is considering all this it was evident enough which way they were bent and what they were resolved upon Yet the Resident thought fit to try them once more offering a memoriall the 8. of April to shew the impossibility of their desires and to obtain a Categoricall answer to better purpose but (11.) No. 11. he was frustrated again and they were still in the same tune (12.) No. 12. When therefore their stubborn resolution for war against all that was equitable and faire had rendred fruitless both the Swedish Residents moderate instances and remonstrances and the diligent good offices and mediation used by the Elector of Brandenburgs Ambassador to preserve peace and that their spirits were rather blown up higher by this modesty as if it had proceeded from fear seeing there was no hope of better things nor that they could by this way be induced to the thoughts of peace much lesse of a League the Resident not to spend more labour in vain found it necessary to intimate his departure and to reserve the business in hand for some other fitter time and place Which purpose of his with a re-iterated demonstration of his readiness to continue the Treaties and the Danes tergiversation and drawing the contrary way he declared to them in a writing presented the 2. of May that instant year (13.) No. 13. Neither did he break off the Treaty as they lay to his charge the continuation whereof he urged with all earnestness and at that time offered it which motion of his was so farre from being imbraced by them that they quickly dismist him as a person whose room they rather desired then his company Neither would he have left off notwithstanding all the neglects he had already received from the Danes because he was imployed to conclude a League but another was offered as the method of the Commission for grievances seemed to require who was rejected as soon as offered For although they would not suffer him to effect his intentions yet was he not unmindfull that such differences might be composed by another way set down in the Covenants between the Kingdomes to wit that matters in controversie should be discussed and determined in a Treaty renewed by Commissioners on both sides appointed to that end upon the confines of the Kingdomes after the antient manner The King and Counsel of Denmark would not willingly seem to refuse that offer but the Resident was hardly gone out of their Territories when three very considerable Swedish Ships richly laden passing the Sound upon confidence of Agreements and guilty of no offense were yet arrested there seized upon as prize and the Swedish Subjects used like Enemies In other places they began to stir-up and encourage his Majesties subjects to rebellion And by these steps there followed a proclamed War Now by what hath been said let the World judge freely which side hath been more studious and more sincerely desirous of peace between the Kings and Kingdomes of the North and with what brow of confidence the Danish Papers can boast of their observance of peace amidst so many things in relation to it done by them coldly unconstantly and clean otherwise then was intended as also many things fairly and kindly offered and as scornfully rejected by them But this will be better discovered by him that shall weigh those causes of breaking the same which they set forth The Danish pretenses took both beginning and end from their fear of the Swedish Arms though besides the consciousness of their desert there appears no cause at that time that could move an innocent heart and a constant minde and if there had been any yet it might have been removed by that observation of good neighbourhood and friendship which was offered during the Treaty of the League and should have been confirmed by the intended Covenants Those arguments whereby they would justifie this fear are very weak and destitute of truth How little thereof is there in
even to this very day Their hasty censure runs in a very quick stream gathering together those things which are of obligation to strangers that make Levies in Germany The application whereof as they make it is incongruous seeing his Majesty as a State and Member of the Empire brought his souldiers into his own Provinces and maintained them there without inconvenience to any one till they were drawn from thence and then obtained no more then a harmless peaceable passage not to be denied to any man by the law of nations and permitted even to forrein forces by the Constitutions of the Empire yet so as he both requested it of his neighbours and they as readily granted it All this while nothing was done but what was agreeable to the ordinance of publick peace and the execution thereof as also to the Instrument of peace But if the insolence of souldiers went a little beyond their bounds that was besides his Majesties intentions and contrary to his command It was alwayes thought fit to appoint some to oversee their march and to provide by orders and Commanders a means to withstand and punish their extravagancies It doth not appear nor will be believed that ever the souldiers past by the Kings command through the King of Denmarks Countries or that they were landed upon his coast It was also against the Kings will if notice thereof were not given Neither was there ever any complaint made or mentioned of such things heretofore Yet how innocent our march hath been through the Danish Countreys their own Papers shew alledging nothing of damages when otherwise they use to omit nothing even of the lightest moment But it imports not much that they past so quietly where there was neither danger nor subject of offense But it looks maliciously to complain of an innocent taking of that which is to be denyed to no man We cannot see by what authority the Danes take upon them to scoff and abuse the Imperial Investiture as not taking effect Neither is it to any purpose to answer their curiosity in a thing wherein they are not concerned Much alike is that clause that touches the laying aside that controversie about the City of Bremen ridiculous for the clawing flattery misbeseeming a King and no lesse unhan from for the prevarication That State which he had formerly impugned with the hostility of his pen and his father by Arms which afterwards he would have had convicted furnishing the Queen with evidences against it he now takes patronage of the same that by soothing allurements he may stir it up to rebellion and breach of covenants Nor is it unknown what more hath been acted in his name to weaken the fidelity and constancie of the City But it is to no purpose to plead that cause with a person that hath no interest at all therein His Majesty showed by the composition he made how much he respected the peace of Germany and the safety of the City when at that time he wanted not strength to decide the controversie another way But the King of Denmark declares how glad he would be to have the difference revived their loyalty corrupted and the City in confusion that what he could not do by right and the power of his arms he may bring about by his subtill arts and treacherous practises Concerning the Mannors of Ralswick and Strew in Rugen the case stands thus Those lands were anciently the Bishop of Roschilds to whose Diocese that Island belonged in the time of Popery but lay within the Territory of the Princes of Rugen and so were situate under and subject to their Territorial Soverainty But afterwards in the Reformation when the Ecclesiastical constitution of Germany had suspended the Churches jurisdiction and translated the care of religion with what appertained thereunto into a right of the States of the Empire from that time the goods of the Church as part of the Territory following the rights thereof the most Illustrious Princes of Pomerania thereupon thought the foresaid Mannors fell to their lot But because the King of Denmark assuming to himself the ancient rights of the Bishop or Roschild opposed their title a controversie arose between them which was at last determined at Kiel in Holstein in the year 1570. (40.) N. 40. after this manner That the propriety and profit of the Mannors and right of conferring them upon others should belong to the Kings of Denmark but the Superiority and Dominion should remain to the Dukes so that being as it were situate in their Territory hey should be subject to their jurisdiction and to Provincial charges Nor had they any particular priviledge of immunity either before or after this agreement but excepting what was left to the Kings of Denmark they were in the same condition with the rest of the inhabitants and lands As long as that Island in the time of the Germane war was held by the Crown of Sweden upon occasion of covenants and right those Mannors continued free from military taxes and that was granted in regard of friendship with the King of Denmark But ever since Rugen became a Fee of the Kingdom of Sweden by the Peace of Osnabrug and all matters were ordered no longer by right of War but of Territory it was reasonable that such provincial duties as are laid upon other Mannors should be performed by those in the same manner as by the rest that are subject to Territorial right and power besides that the inhabitants petitioned more then once that the indulgence of past years might be no longer continued to their oppression Now seeing there appeared neither covenant for nor foundation of any priviledge and seeing a request or protestation ought not to be any longer admitted by way of justice contrary to the tenor of the foresaid agreement to the prejudice of Territorial rights the burdening of other inhabitants of the Province how can justice be said to be denied where there was none at all or an imposition be noised for a grievance where there neither was nor appears any exemption Those things which are afterwards intermingled concerning the breach of liberties and rights of the Swedish subjects and the burdens laid upon them are brought to no other end but that their incitements and provocations of that people to disobedience and rebellion might find the readlier success We neither know nor believe that they have appointed the King of Denmark to be their advocate And it is held a trespass of a high nature amongst Soverain Princes for a man of his own head to negotiate the affairs of another Kings subjects For after the bounds of Dominions and Kingdomes are once set and from thenceforward the care of every Prince confined to his own and restrained from another mans subjects Divine and humane Laws the consent of Nations the common interest of Kings reason custom and the tacite agreements of societies besides the Constitutions of the Empire have condemned such kind of busie sollicitations and sought patronages The
injury had been done and how fair and just an opportunity there was to assert and vindicate the observation of agreements by other wayes yet the love of peace and amity prevailed in Sweden even to the laying aside both the prosecution of their right and the use of their power In this condition things remained till the time that the Queen resigned the Crown of the Kingdome of Sweden nor did the Danes pretend any thing to the contrary Ever since his sacred Majestie took the government upon him he hath been desirous not onely to preserve and maintain all compacts and peaceable intelligence between he Northern Kingdoms free from any manner of injustice and innovation but particularly to cement and assure all mutuall offices of consanguinity friendship and neighbourhood with the King of Denmark When in the beginning of his reign in evitable necessity forced him to take armes for the defense of his kingdoms right liberty and security against the close and treacherous designes of the Polanders discovering amongst the rest the dangers like to ensue upon the Baltick sea by their intention to introduce a forrein Fleet he opened these things to the King of Denmark out of the singular confidence and integrity of a kinsman and neighbour both signifying his intention and the causes of war against the Polanders as also offering by word and writing of his Resident in that Court such things as he conceived might conduce to prevent the prejudice of both Kingdoms especially a hearty conjunction of minds and counsels (1.) No. 1. Moreover when his Majesty was preparing to depart out of his Kingdome in order to the war in Poland the King of Denmark making remonstrance of some things by his publick Minister about shewing Certificates in the Sound as disagreeable to Covenants and therefore desiring redress all kind of satisfaction was granted to him freely and without delay Then besides a Proclamation published whereby his Majesties Subjects sailing through the said Sound were forbidden under great penalties to doe any thing contrary to agreements he likewise commanded his Resident in the Danish Court that upon conference with the Ministers of State there he should examine whether any offense were committed and what appeared should be rectified by re-inforcing a strict observance upon the inhabitants of his Swedish Dominions but what required further search and disquisition should be referred to his Majesties cognisance to remedy whatsoever should be found amisse With the later part of this determination the King of Denmark was content and for the former he took it kindly as a testimony of faithfull and friendly neighbourhood disapproving nothing of his Majesties intentions wishing happy success to the war he undertook and largely profering all good offices worthy of a friend and neighbour as appears in his answer dated at Copenhagen Iune the 21. 1655. (2.) No. 2. Hereupon there followed a confident and free communication between the Ministers of both Kings touching those things that were for the interest and advantage of both Kingdomes And when that which the Swedish Agent demonstrated to be more conducible was readily embraced by the Danes judging it necessary to enter into a mutuall league for the defense of the Baltick sea that Declaration was no sooner made but the Swedes on their part immediately contributed their best endeavours thereunto the Resident Magnus Durer or one side and the Commissioners on the other treating a confederation of minds and assistances to the end aforesaid Which things as it was agreed were to be wrought and prepared by these men but afterwards to be accomplished according to the method and tenor of Covenants upon the borders of both Kingdomes by other persons deputed and chosen out of the principall Senators of the Kingdome Amongst these mutuall exchanges of good will and affection as it seemed to be nothing was further urged or spoken of grievances or of those things which how-ever they are too old to be remembred are now taken up for a fresh pretense The matter in question after the express forms thereof had been drawn up and severall times debated by the Commissioners on both sides was brought to that period that in the beginning of the year 1656. the League was looked upon as a thing resolved and concluded because nothing remained that could check or hinder it But then the Danes began first of all to desire that the States of the United Netherlands might be comprehended in the Treaty nor did the other side refuse it onely the manner of including them was disputed whether it should be done in generall terms as was usuall in such agreements or under some speciall condition to be entered into by them Hence the Danes laid hold of an occasion to demurre making asemblance indeed of a desire to dispatch speedily but purposing to retard the Swedish Residents earnest solicitation to which end it was intimated by the Rix-hofemaster or Lord high Steward and the Chancellor of Denmark that their King was resolved to prosecute and finish that negotiation by his own Resident whom he intended to send to the Swedish Court hereof as there appeared no certain or pressing reason so the delay rendered it suspicious and the more because the Danish Resident coming to the King in Prussia mentioned nothing at all of it and afterwards being demanded by Commissioners in the Kings name whether he had any thing to say upon that subject he pretended a want of power may almost an ignorance of what had past and that he would make report of those things to his King In the mean time it was understood by proofs of unquestionable credit that all this was carried on by dissimulation onely but that other things were secretly under contrivance to the hatred prejudice and surprize of the King and Kingdome of Sweden Sinister reflections upon the Treaty were scattered abroad both to his Highness the Lord Protector of England and to the Lords States of the Vnited Netherlands as if it tended to the destruction of trade and suggestions were instilled into them as if something was intended by these agreements that would be prejudiciall to their respective States and Dominions In Muscovia they went yet further and spurred on that hostile invasion of Liefland which they had procured and framed a pernicious association against the Kingdome of Sweden In Poland they held forth the hopes of favour and assistance against his sacred Majesty and more violently inflamed the refractory dispositions of the Dantzackers In Austria there was jugling to plot those things which are now brought to light by open and declared effect By all which it appears that all the designes and thoughts of the Danes were at a great distance from the true intent of the Treaties Yet was it impossible so to conceal them but that some glimpses thereof appeared through the crannies of their hearts The first stroke as I may say was against our proceedings before Dantzick which were justifiable by the Law of War at which time the Danish
than to provide harmless remedies for their security are condemned if they oppose present force against a future danger and undertake certain enmities upon doubtfull suspcions Cicero who was otherwise learned in the Law of Arms than the Danes was also of another opinion Who ever decreed this saies he or how can it be granted to any man without the danger of all to have right and law to kill him by whom he saies he is afraid that he may be killed himself There cannot be alleged or shewn the least syllable of threatning much less any appearance of hostility from the Swedes before the Danes drew their swords Whatsoever is objected consisteth in bare jealousies onely far from any offense or from such a danger as could deserve a repulse by a violent hand But that is not all that the Danes were fearfull they go on to reproach the Swedes as injurious against them They begin with their claim laid to the Archbishoprick of Bremen and Bishoprick of Verden The relation to whereof we shall fetch from its very first grounds These Provinces being freed from the Enemies garrisons by the glorious valour of Gustaf the Great while he waged the German War were reduced under the Swedish power only the jurisdiction and revenues thereof were restored to the Archbishop Iohn Frederick for his life as being the Kings friend and kinsman But after his death no man could make any title or pretend any right to them but they who had rescued them from the Enemy nor was there any cause to restore them besides the account of preserving friendship with the king and Kingdome of Denmark and exercising the same uon his Son by way of bounty and obligation From whence proceeded this singular gratification that they should be delivered to the present King of Denmark at that time stiled Archbishop whose claim had been disallowed by the Imperialists before nor did the Kingdom of Sweden rely at all thereupon yet upon condition of neutrality and faithfull friendship an expresse reservation being added to the Instrument set forth upon that subject (14.) No. 14. That if the Archbishop or Archbishoprick by themselves or their dependants should any way give favour and asistance against the Kings Majestie of Sweden and his Allies the Safeguard should forthwith become void and abrogated He held them for some years in a quiet posture as long as he continued in peace But when in the War which began with his father King Christian the fourth he inclined more to the sway of his private affections than to the condition of the surrender and the Covenant of Neutrality not onely affording aid and supplies out of those Territories but at last becoming a party in the War and acting hostility against the Swedes he provoked their arms against himself and from thenceforth forfeiting the right of Covenant fell obnoxious to the Law of War Ever since that those Lands were seised upon according to the Law of Arms and not onely detained by a just possession but to be considered under the Nature of things lost and obtained by the right of War Now he can hve no pretense to require them again but by vertue of Peace confirming those things to the possessors which were not agreed to be restored and naturally allowing the present possession if it were not otherwise covenanted But there was never any covenant for a restitution Indeed his demand thereof was made in the Treaty at Bremsbro but arrived neither to agreement nor promise being expresly laid aside by the 38. Article (15.) No. 15. till some other Treaties the Commissioners onely giving him hopes of their recommendation as the words import From thence the King of Denmark had no right to redemand what was gotten in the War nor the Queen of Sweden any necessity to restore it it was left in her absolute power to determine what she pleased therefore if matters were not carryed according to his desire there is no reason to complain of injustice seeing there was no pretenese of right It is a partial and groundless complaint if they say therer is any Article not fulfilled on the Swedish part Hitherto there hath appeared none amongst them to whom any restitution ought to be made according to that Article that have complained nor do we know any body that had reason to This only appears and perchance it is the thing meant That the Danish Resident in Sweden did earnestly solicite the restoring of certain Ecclesiastical Benefices but very incongruously since by the publick consent and authority of the Empire those Church Livings being extinguished together with the Chapters did no longer remain such but put o a new quality of a secular nature and past all together in Fee to the Kingdom of Sweden There is no scruple made to allow those points which were resolved about referring the cause of the Archbishoprick to peculiar Treaties That by reason of very difficult and tedious Negotiations for War and Peace at that time there happened a delay of two Moneths That Letters also of Safe Conduct fo rthe Ambassadours of a Prince in amity were not as is untruly affirmed denyed but seemed needless and superfluous it will not appear so strange to those that are conversant in affairs as it is impertinent and indiscreet to upbraid us with such passages at this time But that Negotiation came to nothing partly by the neglect of those things which ought not to be omitted or by doing what should have been forborn and partly by incident occasions which altered the state of the business When persons should have been sent in behalf of the Prince to treat upon the restitution they came to the Court at Stockholm and shutting their eyes at the justice of possession and military acquisition complained as it were of wrongs and required things as their own to which proceeding the Lord Chancellor of the Kingdome could do no less then oppose the title and condition with which the Archbishop received those lands the cause and ground of their forfeiture the incongruity of the manner used in the demand and the just reason he had not to consent thereunto All which he did not in derision or vanity of words but with VVeighty Reasons as the necessity of the Businesse and the importunity of the Demandants required Besides the Ambassadors brought a Commission with them onely to require restitution not to treat which was altogether unsuitable to the business and also disagreeable to the Covenants for it is not Restitution but a Treaty that is mentioned there When thus there was no way to begin with these men much less to conclude it was necessary to suspend the negotiation But the Danes acknowledge with what testimonies of affection all things were carried and how friendly and fair offers were made All which is vainly objected to have proceeded from dissimulation Indeed the effect followed not from their own deficiencie and false perswasion as if restitution ought to be made against the very words of the
if Certificates were not instantly ready in the Sound which they would have to be sent thither and wait there but were prevented by the prosperousness of the voyage they would not allow time to expect them nor a harmless stay in a common road till they were brought but the space of twenty four hours was set within which if they were not exhibited neglecting and refusing their intreaty for a suspense till the arrival of the ordinary post Custome was demanded with threats to be carried away into the port at Copenhaguen when notwithstanding the shewing of them was not limited to a certain time in any of the covenants yet was usurped here in the open Sea and upon the coast which ought to be free from every man If any thing was found in the ships besides what belonged to the Swedes under that pretense even that also which was theirs contrary to the Law of the covenants was made obnoxious to visitation which the said covenants did generally forbid with a twofold great inconvenience following thereupon for first that examination was differred till all the other ships were visited the ship being in the mean while hindred a long time from her intended voyage secondly the making up of the accounts was committed to some citizens under a charge and expense which they call writing and counting money sometimes greater then the Customs themselves When these things were not sufficient for their designes in the year 1649. by a treaty of Redemption as they call it concluded with the States of the Vnited Netherlands whereby they did as it were rent or farm the Customs the Danes committed far more intolerable breaches against the covenants To say nothing of the many and great prejudices which were hereupon exercised upon the liberty of the Baltick Sea and the ancient Royalties of the Northern Kingdoms by this covenant of Redemption there was obliquely intended against Sweden an imposition of that custom and molestation the right or duty whereof that Crown had nevr consented to bring upon its subjects nay thereby they aimed almost at a totla abrogation and voiding of the agreement of Bremsbro Ships and goods were charged upon another account in Holland and several wayes in the Sound In Holland under pretence of haven-right the freedom agreed and establisht was not allowed to those that arrived there in the Sound vessels that were passing to other places were not dismist upon shewing their Certificates at the custome house Office as the express words of the covenants run but they were remitted to shew them before the Holland customers and if they refused so to do made customable detained and punisht subject also to their vifitations examination troubles and Law-suits if any Swedish commodities were fraighted in Holland ships as if their liberty from thenceforth ceast Whatsoever these men imposed ours were forced to suffer Thence came burdens and charges to be doubled which ought not to be single The inconveniencies whereof the Queen explained in two letters the tenth and seventeenth of May 1651 25 N. 25. and 26 N. 26. which shee writ with a desire to remove them We will not detain the reader with a recital of the arrests processes impositions nay seisures after they were out of the Sound detentions and confiscations wherewith the Swedish ships and goods have been molested ever since The Danes themselves are not ignorant hereof when more then once a just and better observation of covenants hath been required at their hand for these very causes sometimes the injurie hath been confest and restitution followed sometimes also but a reparation of dammages and an amendment of exorbitancies promised Some mention thereof you will find in the grevances presented to the Danish ambassadours at Stockholm 1653. (27.) N 27. you will find their acknowledgement of the injustice by their answer the 14. of March (28.) N. 28. and by the Swedish commissioners reply the 28. of March (29) N. 29. which things are further witnessed as well by their ill observation of covenants alledging grievances to no purpose and without proof as by their endeavours to hinder and destroy the Swedish commerce That after the last peace with the States of the united Netherlands something was concluded or offered to free the Swedes absolutely from exactions in the Sound is untruly urged There was no need of that long before when the Swedes many years past had publisht and both by their publick writings and at last by arms defended this judgement against the Danes that they had neither right nor reason to exact a chargeable custom for a passage onely without any benefit of landing in the open Sea whereof that stait is a part Nor is it unknown to the world that when the Hollanders would endure that slavery no longer they rather invited Swedland then we them to a league for asserting the common liberty so much opprest by the Danes From this point the Danish papers go on to that cause which past between the king and the Lord high Steward of Denmark or Rixhofemaster Corfitz Vlefeld objecting that it was contrary to ther peace that he was entertained in the Kingdom of Swedland that he obtained a safe and not the Royal favour that he was neither delivered nor expelled at the request of the Danes All that upon this occasion relates to these times wherein the most Serene Lady Queen governed the Kingdom of Swedland Both her Majesty (30) N. 30. and the Counsel of the kingdom of Swedland (31) N. 31. answered to the letters of the King and counsel of Denmark written upon that subject From whence it appears that as they would not be engaged in the cause so they could not deprive an unconvicted person of the right of protection And when after that declaration of right and equity they insisted no further at that time they have no pretence to take up that now as a cause of making war against his Majesty which was done in the raign of another To receive a man into security who is fled from his own countrey not by reason of a legal condemnation but for fear of his adversaries is not against the law of nations but suitable to humanity full of examples amongst princes and nations and agreeable to the covenants between the Kingdomes For in those concluded at Stetin 1570. For the peace of the kingdoms it was mutually resolved in the fourteenth Article (32) N. 32. as the words bear it thus That such of the Nobility or commonalty as should fall into the Kings displeasure for a fault laid to their charge if to avoid his indignation they should retire themselves out of one Kingdom into the other and desire to partake of the rights there then they should enjoy safe passeport that other Kings security peace and protection but that the King whose subjects they were might administer legal execution of justice against them according to allegations and proofs The Danes accusing of us for the reception of
appeared that he was indeed called to undertake some employment under the principal Secretary but that he was never actually placed therein by the present King onely put to bee Governour of a certain Nobleman in his travels in the mean time while he was absent being traduced by malicious enemies he often desired to be dismist and when he could get no answer to his desires being as it were forsaken he at last submitted to the necessity of undertaking another condition after the forementioned which he could not but attribute to providence amongst such occurrences Besides which when the accused persons probable allegations were justified by these arguments of his Innocence the silence of the accuser the inconstancie and alteration of matters objected and the presumption of letting the accusation fall to condemn a man in other things of spotlesse life and clear reputation not confessing nor convicted or to deprive him of his Office and Dignities as one condemned and deliver him into the hands of an enraged King would have been repugnant to the laws of justice The rest of their accusations which are related proceeded upon no better terms nor arguments whereunto a refusal of Justice cannot be alleadged when nothing was either justly demanded or proved He hath little reason to desire favour from a Judge that doth not himself perform the duty of a fair accuser Furthermore many things are enviously alledged of a desire to enlarge the Kingdome and encrease the traffick of Cities under its dominion which savours of a suspicious and jealous disposition but makes nothing to justifie a War For they tend onely to raise hatred and foment malignity but when they meet with just and right judgements they fail even of that end But most of them are feigned and contrived never to be made good by creditable proofs especially such things as are cast out about secret plottings and designs in emulation and to the disadvantage of neighbours They will never be able to produce resolved counsels or instructions containing such results as they have largely but vainly heaped together about the prejudice of Trade They to whom they say such things were communicated are ignorant of them and wise men will never believe otherwise but that either the Danes desire to abuse others in those particulars or are abused themselves by too much credulity It is evident what it is that wounds the Danes that Sweden is so zealous and successfull in their prudent Counsels to preserve hitherto the common freedom of Trade and a better constitution within the bounds of their own Dominions the first whereof hath turned to the benefit of the European World besides the withstanding of the Danes immoderate increase of Customs and burdens upon Navigation the other is as profitable for the enlargement of the Kingdom and the interests of the Subjects Yet all this without injury to any one What Nation hath not an inherent justice and right to attend and watch for their own and their Subjects advantages Traffick is laid in common subject to nothing but industry lest free by the Law of Nations that every man may as freely and lawfully derive his profit from thence as take water from the Sea That care and industry is not bound to old rules but admits of alterations with the change of times and occasions How many innovations hath Denmark it self Norway both seen and introduced If we may enter into comparisons to whom the common care and advancement of Trade owes most to the Swedes or the Danes the greatest obstructions and detriments will be found to have been east in by them and removed by us What the condition of the Baltick Sea and of the Hanse Towns situate thereupon and what the dangers of those that sailed therein were 30. years ago occasioned by the war and peace betwixt the Danes and the Emperour they can tell who remember the ports blockt up the Sea swarming with Pirates prodigious titles of dominion taken up by others upon the same Sea and both designs and endeavours to bring it for the time to come under the Spanish yoak All which when the King of Denmark forsaking both the publick cause and that of his Friends and Allies upon the peace made at Lubeck had left without reparation or restauration to the former state by the bloud and valour of the Swedes things were repaired and again brought to that pass that while the Germane War continued nothing was unsafe or attempted upon the Trade of the Baltick Sea but what proceeded from the Danes and when the peace was concluded the former power and vigour was restored to Sea Rivers and Lands by the composition of Osnabrug What stops and hindrances were thrown in the way of that Treaty by the Customs introduced in the Sound against the Law and usage of Nations and the same so often innovated encreased and by strange wayes exacted appears by the long complaint of other Countreys specially of Poland and the Vnited Netherlands but it was Sweden by whose means that immoderate excess was brought to reason and remedy as the Acts of the year 1645. and the promises which the King of Denmark thereupon made to the Swedes and Hollanders while the pacification was making at Bremsbro and Christianople do sufficiently testifie And there indeed the shoe wrings them that a bar should be set up against their boundless licentiousness We pass over other things as not judging it worthy the pains to answer them and being so destitute of truth they are denied with as great ease as they are objected It hath not nor cannot be made good that there was ever any intention to sue in the Emperours Court for an Investiture of the Baltick Sea It is as great a stupidity to believe it as an absurdity to say it when without any such thing not onely all the right of dominion that could be thereby desired was of old due to the Kingdom of Sweden and more fully then any Investiture could make it and that the Northern Kingdoms never granted the Emperor any power upon that Sea but when he would have usurped the same about thirty years ago the most glorious King of Sweden opposed him and by Arms defended both his own right and the Baltick liberty The manner of the Investiture is exprest in the Instrument of peace which there was never any intention to exceed They write with no other style of truth and credit concerning the Swedes interposing in businesses between the King of Denmark and his kinsmen concealing names and circumstances There is as little knowledge to be had of the things as they relate them as of the parties they forbear to name all which will doubtless be suspected by avoiding the light and being so wrapt up in obscurity If perchance they mean hereby that which past heretofore about the jurisdiction of Swabstet and the rights of the most Serene Duke of Holstein upon the Bishoprick of Sleswick their discourse is very much out of the way from that business For
the force and bond of the covenant When war was composed by that peace provision was made that no revenge should be exercised upon the Dantzickers for what was past not to excluded actions of peace or war upon other accounts for the time to come which indeed holds as little correspondence with the intention of covenants as it doth with reason Neither doth that agreement allow them any other security then they had before in the time of the truce the end whereof reduced the City to its former condition under which it lay before it was assaulted by arms that is subject to pay Customs and to undergo the sufferings of War if the like occasions happened again For as much as they had not a perpetuall peace but a truce onely with the Kingdom of Sweden the conditions thereof failing it must needs expire In that Article of Bremsbro there was nothing changed therein nor enlarged to further time nor was it so much as debated But supposing they ought to have had a more ample security yet had they forfeited the same by their miscarriges their conspiring with the enemy and declaring themselves so against the Swedes Neither will any discreet man show himself so unreasonable against Sweden as to impose upon it so great a sufferance of injuries against the law of Arms and the practice of the world That others were prohibited Navigation and their ships or goods taken from them in the open Sea is a charge that wants example as well as credit Just as such things are faid to have been committed against the Danes without the particular mention of any fact The forbearing to name circumstances both here and elsewhere is an infallible Argument that there was no such matter when upon other occasions the least puntillio's are not omitted It is hereby made manifest how distant from truth and justice those things are which are vented in the Danish Papers Nor is it lesse obvious to those that consider impartially that by the true law of Arms the King of Denmark hath no just cause at all to make War upon a King his neighbour his friend his kinsman and of the same Religion While for the making a colourable pretense of arms he rubs over those things which happened before the last Peace and were composed by this he discovers the past thoughts of his heart hitherto dissembled that he intended not a faithfull and perpetuall League nor such as should last any longer then till he had strength and opportunity to break it When he alledges such things as either appertain to others and are without the sphear of his vindication or being done in the time of the most Serene Queen were not allowed by his Majesty now reigning as almost all those points are which make up the grosse of his objections he shows to what straits he was put to rake together incongruities against his Majesty while he wanted wherewithall truly and justly to upbraid him And seeing those things had been partly buried in long silence before nor for many years together accused so much as in word before the Peace was broken and partly debated in friendly Treaties without any signification of distaste or offense seeing also there continued all the while frequent and repeated testimonies of good neighbourhood and affection by letters and Envoyes it is manifest that he had no faithfull and sincere intention to maintain peace and friendship but reserved a perpetual discontent and close hatred in his heart having been quiet hitherto for no other reason but for want of power to offend and under that cloak waiting for an occasion seeking revenge and plotting mischief against Sweden when he thought that he had gotten what he lookt for while his Majesty was incumbred with a War against the Polanders and Muscovites two potent enemies when either he found or made his Majesties friends faithlesse to him was provoked or did provoke others to confederacies against him being perswaded that Sweden had not strength enough remaining to oppose him or at least that all their force would necessarily be imployed in other Wars then he broke the peace and flew out into hostile invasions and the proclaiming of a War But hitherto his hope and opinion hath failed nor will his successe prove better then the reason of his engagement As the defigne of this War began without just cause so it was carried on without just means rashly and inconsiderately But the Common Law of Nations it is held unjust to take up Arms before the tryal of an amicable composure But that was so far from being sought after by the Danes that it was absolutely rejected even when offers were made to knit faster the bonds of friendship and neighbourhood and if there were any controversie to bring differences to a fair and equal account Besides by the agreements made heretofore at Stetin betwixt the Northern Kingdoms and confirmed by the late Peace in case any controversie should arise there is extraordinary caution used to hinder the taking of Arms and a way of proceeding set down (47.) N. 47. which the King of Denmark should have observed nor indeed could he neglect the same without the forfeiture of his faith when the Swedes had made it appear that if there were any grievances they ought to be redressed by that method yet he neither did nor admitted any thing agreeable thereunto The pacification also of Germany in the Instrument of peace at Osnabrug contains the manner of proposing and determining incident controversies with a severe and solemn prohibition under the penalty of breaking the peace against beginning a war upon such accounts Yet the King of Denmark not caring for all this hath done nothing of that which was desired but presently thrust his sword into the very bowels of Germany Seeing therefore no war is just but when it is necessary what can be more unjust then that which had not begun if he could have bridled his revenge and his blind ambitious defire of making not Sweden onely but all the world tributary to him in the Sound But he might have forborn it if he had not perversly rejected those things that were treated and brought to conclusion concerning the preservation of peace and making a League without any probable reason onely out of the presumptuous perswasion of his strength and the opportunity When you look upon the Danish demands you will find such things proposed as by their impossibility sought for nothing but an occasion to break off the Treaty They were such as were never heard of before unworthy of Kings nay grossely absurd The scope of the Treaty was the strengthening of friendship and confederation and yet they desired to have those covenants dissolved by which peace friendship and safety was restored to and did continue amongst Kings Kingdoms and Nations It was under deliberation how the Sea should be kept secure and free and those things which Sweden put in execution to preserve the same according to the tenor of the Covenants