AN ANSWER TO Tvvo Danish Papers The One called Jus Feciale armatae Daniae To other A Manifest Faithfully Translated out of the Latine Original which was published By the King of Swedens Command LONDON Printed for Daniel Pakeman and are to be sold at the Rain-how in Fleet-street 1658. AN ANSWER TO TWO Danish Papers The One called Ius Feciale armatae Daniae The Other A Manifest THe Danes have not thought it sufficient to provoke the most Serene and Puissant Prince Charles Gustaf King of the Swedes Gothes and Vandals assaulting him and his Kingdome of Sweden by the Sword but they have proceeded more fiercely with the Pen and the Tongue the usual weapons of unmanly spirits Two venemous Papers of theirs are come abroad which if the sacred persons of Kings were not concerned in them might justly pass for defamatory invectives and notorious Libells One whereof appears under the name of Ius Feciale armatae Daniae or the legal proceeding of Denmark in taking arms and proclaming war c. the other of A Manifest But before those men that will judge impartially without the biass of affection or hatred they can no otherwise justifie the titles they bear than that the first should be so called by way of contrariety as the Antients were thought to term war Bellum quasi minime bellum the later from the effect because indeed it both evidently manifest the Danish injustice The very form of that writing bewrayes a palpable injury in setting forth the grounds of this war while it turns those things into captious sophistry and malicious accusation which were done heretofore in the reign of another Prince which for the greatest part of them are cancelled by Acts of Oblivion which belong to other nations and have no relation to the Kingdome of Denmark which are too inconsiderable to be prosecuted by a war lastly which might easily be reconciled by a composition both offered and actually treated upon There is therfore little reason to fear that those Pamphlets should gain any credit and favorable opinion amongst judicious and equitable persons and as little need of a studied and tedious confutation Onely lest the Danes should flatter themselves and take our silence for a confession of guilt or lest any doubt should remain in the hearts of those that are not conversant in the affairs of the world for clearing up the truth of such things as are injuriously questioned it will be sufficient to make a bare Narrative out of publick Acts and Records It is fresh in the memory of all the world in what posture the Danish affairs stood 1644. and the year following When by justice and the prosperous success of Armes the most Serene Queen and Kingdom of Sweden had possession of the principal places in Denmark and were propitiously invited by the conduct of War and good fortune to conquer more yet they hearkned rather to Peace than to the allurements of Victory For out of a desire to settle tranquillity in the Northern Kingdomes a few places onely being retained but the most part of their Territories and strong Towns restored the Swedes not improving the opportunity of bringing the Danes into a more strait bond of conformity while the chance of War turned alwaies to their loss did notwithstanding their own victorious progresses the very next year conclude a Pacification at Bremsbro upon equal terms and made the Articles of the Agreement much easier for them than the state of affairs deserved or the occasion required That thereby the World might be satisfyed how much they desired a firm alliance and the Danes bound to observe the same more inviolably for the time to come upon the account of an extraordinary obligation But this confidence deceived us forasmuch as after the Covenants were mutually signed within few weeks space the Counsel of Denmark seeing their strong Holds surrendred into their hands upon the Treaty began to consider and east about how they might repair their forces and raise a new War against Sweden It is known from very good hands that the late King was hatching upon those thoughts unto his last breath and that he that reigns at present endeavoured to revive the same resolutions setting up a Title from his pretended claim upon the Arch-bishoprick of Bremen and Bishoprick of Verden keeping together some forces a good while though against the will of the States to effect his intent by violence So that nothing stood then in the way to stop such a proceeding but the more prevalent love of peace the fidelity and prudence of the States of Denmark and of some of the Counsellours at Court The most important settlement of controversies between the two Kingdomes concerning the freedom and immunity of Swedish Ships and Merchandise in the Sound being more expresly concluded in the forementioned peace while they were yet ashamed to break out into open violation was notwithstanding so baffled and circumvented that under borrowed colours and pretenses the Swedish Navigation Merchants and Seamen were brought under sundry troubles and injurious sufferings Which that they might carry the fairer shew and they provide themselves with aid and support to carry on their designs it was conceived to be for the Danish Interest to sow all seeds and take all occasions to blow the coal of differences betwixt the Crown of Sweden and its Allies the most Mighty Lords the States of the United Netherlands Nor was any thing omitted that might contribute thereunto Therefore the first year after the Peace concluded King Christian the fourth began and Frederick the third continued to negotiate a Contract with the said Lords States about farming the Customes in the Sound as also for making a League offensive and defensive particularly against the Swedes But though by reason of the antient Confederacy and the great advantages they lately received therby he fell short of his intention as to the point of offense yet he prevailed so far as the customs being once agreed for several insolencies contrary to Covenants and ordinary proceedings those very burdens from which these modern treaties had recovered the antient imunity being again practised on the Swedes upon the account of a defensive league made gave the Danes encouragement to pursue their designs We shall hereafter set down both the ill consequences of this Negotiation and the Acts relating thereunto But at last things came to that pass that when the King of Denmark had drawn upon himself a great share of the dangers growing out of the late war between the most Serene Common-wealth of England and the States of Holland by Ambassadours sent to the most Serene Queen in the year 1653. actions were excused a levelling of accounts was offered and satisfaction promised for all wrongs that should be made to appear For their consciences made them fear that the Swedes might as well have he will and resentment as they had given the cause and occasion to revenge the infringing of Covenants And when it was made evident how much
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
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 â—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
Covenant without contract without any condition and without satisfaction It had been in vain to have laid it apart for a Treaty and deferred it till other negotiations if it should have been done so abruptly peremptorily and inconsiderately The King of Denmark Christian the 4 confest the errour and afterwards offered another manner and place of Treating (16.) No. 16. but too late and when the state and circumstance of matters was no more the same as it is declared (17.) No. 17. in the Queens answer In the mean while they began to take those Territories into debate at Osnabrug and Munster while the peace of Germany was in Treaty both because they were a part of the Empire and because the subject in question had some relation to that peace Then another consideration hapned and that no small one to alter the Treaty upon a cessation of arms concluded with the Field-marshall Koningsmark as to the province of Bremen before the peace of Bremsbro was published a garrison of the Prince was to remain in Bremerverd upon certain conditions By which agreement the quiet possession of the whole province free from all hostity and danger was left tot he Queen of Sweden and that place only to the Prince until a further composition upon condition of keeping all things in the same state and besides provisions and money agreed to be furnisht of living innocently and without designe or Stratagems But when contrary to these Covenants an irruption was made from that upon other places of the Province the inhabitants were oppressed with exactions and insolencies of Souldiers the waies were rendred unsafe by robberies committed upon Merchants passage and other like favours were granted to the Imperiall forces at that time our enemies but denyed to the Swedes the Fore was more and more strengthned with an addition of men and warlike provisions to the prejudice of the agreements and the danger of the neighbourhood a necessity of repressing these attempts enforced the Lord Count Koningsmark not staying for a Royall command to seize upon the Fort and so both to chastise the breach of faith and to prevent a greater danger ensuing It hapned in the mean time that amongst other points concluded for the pacification of Germany the Emperour and the States of the Empire offered the Territories of Bremen and Verden as a satisfaction to the Kingdome of Sweden disanulling the Ecclesiasticall character which they had born and reducing the Lands to a secular right with the title of Dukedomes Neither were they onely granted but there was added a security of maintaining and defending the same after the form of Warrantie From that time it is the cause of the German Empire which the King of Denmark opposeth We leave him to the Justice of the Emperour and States so farre as he impugnes their publick Acts vilifies their faith power and honour and tempts their patience In the mean while Sweden thought it might safely rely upon the publick authority of the Empire upon the inviolable reverence of their assurance given against the dangers of any claim and lastly upon the notorious inconvenience of such a desire which no sober man could approve We are blamed that those Lands were required by us that they were accepted of that they were not exchanged for some others in recompence But there was no need to require them when they werre already in possession by right of war and they might be justly retained when they were freely offered In the Articles about means of satisfaction the Swedish Plenipotentiaries named those Lands they had seised upon that they might be brought into Treaty to that end but so as they presently declared their equity and fair meaning that they required not all of them for the Crown of Sweden but that others might be ordained to such persons as perchance had particular pretense to some of them endeavouring that way to avoid contentions that might obstruct the peace and so those pretendants carried away the most and farre more considerable than the Kingdom of Sweden did Out of all the rest the consent and will of the Emperour and Empire offered the Territories of Bremen and Verden erected into Dukedomes which offer is confest in the letter of the Father Christian the 4. wherein he complains of the decree of the Emperour and the States but imputes nothing to the Swedes upon that account They had good right to receive what so Soverain a publick judgement had decreed might and ought to be delivered unto them neither was it handsome for Sweden to withstand those determinations nor could we do it without a malicious hindrance of the peace The Chancellor who was then sent by the Archbishop to the forenamed Treaty did not so much oppose the parting from those Lands as desire a recompence because he well understood as appeared by those learned writings which he published that the power of the Empire and the manifest advantage of that surrender in relation to peace could not be questioned without sacrilegious Treason but that it would be better for his Lord being within so near hopes of succession to a Kingdome to obtain something of perpetuity and equall value in lieu of an Ecclesiasticall benefice that was onely for life He can also say if he wil confesse then truth how the Swedish Plenipotentiaries not bound to such a good office did yet by way of supererogation instead of hindring his desires use all their diligence counsels assistance and perswasion to further the satisfaction he aimed at And he had received it if either the Archbishop coming to the Crown of Denmark about that time had not let fall the prosecution of the cause as he ought to do in submission to the request of the States or if he had desired nothing but what was reasonable But when his Ambassador required both great and many things and the assembly of the Empire thought that either nothing was due or not so much he put an end to the Treaty either by his Masters command scorning as some have said a pecuniary satisfaction or through his own impatience and over-hasty departure But if there were any obligation of recompence it was chargeable upon the Empire not the Kingdome of Sweden and consequently that onely not this should answer the process But what need is there of this tedious relation since it is visible that the acquisition is not onely just and fair but frequently allowed for such by the King of Denmark After the publication of the peace he did in a most friendly manner congratulate with the Queen both by letters and by his Envoy for the glory and happinesse of regaining tranquillity and of the enlargement of her Territories not making the least complaint demand or protestation (18.) No. 18. Soon after by his said Minister he proposed something concerning debts which he pretended the States of the Dukedome ought to him and Iosias Ranzow requiring justice against them of the Queen as Dutchesse of Bremen-When 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
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