An Account of the State of the present Differences between the most Serene and Potent King of Denmark and Norway Christian the V. And the most Serene Duke of Sleswick and Holstein-Gottorp Chri­stian Albert.

THE Differences between Christian the V. the most Serene and Potent King of Den­mark and Norway, and Christian Albert the most Serene Duke of Sleswick and Hol­stein-Gottorp, wherein the Treaty made at Rendsburg on the X. day of July, 1675. is to be in the first place fairly considered, being the subject of this present dis­course; We hope we may with his Sacred Majesties leave Publish by command from the said Duke and in his name, what-ever we can with truth alledge, either as to the matter of Fact or Law, in behalf of the most Serene House of Gottorp, submitting it to the just Censure of the whole World: And we are perswaded that these our endeavours can offend no person, who loving true Piety follows the precepts of Christianity, which allows of no War to be lawful, but when it is just and necessary, and especially betwixt such as profess the same Religion and are so nearly related in blood.

[Page 2] In the examination of the merits of this Cause we shall strictly observe this Rule, To alledge nothing that is false, and likewise neither omit nor disguise any truth to the prejudice of so just a Cause; since the Justice of any cause cannot appear but by truth and faithfulness, without which Justice is but imperfect. And that Christian Prin­ces and their most illustrious and excellent Ministers and Ambassadors, (who perhaps may at this time be employ­ed in adjusting the Publick differences at N [...]eguen, Ratis­bone, or elsewhere) together with other great Men, lovers of Justice, may not be tyred with a prolix discourse; We shall propose thed state of the case in a few words, and then pro­ceed to the Accusations wherewith the House of Gottorp is charged, which we do not question but to answer so fully, that all unprejudic'd persons may clearly judge of the matter of Fact, upon which the said Accusations are for the most part grounded. These Aspersions being wip'd off, we shall add the Laws and Constitutions, in vertue whereof the Duke of Gottorp ought, notwithstand­ing the Treaty to which he was forced at Rendsburg, to be entirely restored.

It is manifest to all that know any thing of our affairs, that the most Serene House of Gottorp possessing several Provinces bordering upon Denmark, which they have hi­therto governed jointly with the Kings of Denmark, pur­suant to a Treaty between them, That King has no reason to fear any thing from the House of Gottorp, if he will but suffer it to enjoy it's own Rights quietly; VVhereas on the contrary the House of Gottorp lyes exposed to the Invasion of the Danes, whenever they shall have a mind to lay hold of any fair opportunity, and abuse their Power contrary to Justice and the Publick [Page 3] Faith. For although heretofore the Earls of Holstein have had grievous Wars with the Kings of Denmark; yet the state of Holstein, and the neighbouring Provinces, being much altered from what it was, the Danes can have no reason to suspect the House of Gottorp, and much less fear any harm from it, except what they may bring upon themselves, by provoking it by frequent Injuries and Assaults to it's own Defence.

Since the Crown of Denmark is come to the Family of Oldenburg, and that these Provinces have been more than once divided between these Kings of Denmark and the Dukes of Sleswick and Holstein, the Power of the said Kings has been much encreased by the said Divisions, and by their Successions to the Crown of Norway; how­ever it will appear that the Royalties of the House of Gottorp have not been therefore in the least diminished. The Dukedomes of Sleswick and Holstein have been both so divided, and the first held at least for many years from the Kingdom of Denmark, as the other alwayes from the Empire. The whole Dukedome of Sleswick is a part of Juitland reaching from the borders of Holstein to the Bridge of Coldingen; one part of it being possessed by the House of Holstein-Gottorp, and the other by the Kings of Denmark, as Dukes of Sleswick. Amongst the several Conditions from time to time agreed upon, the following have been more than once confirmed, viz. That the King of Den­mark should not engage in any War unless for his own defence, or the maintenance of his Dignity, and then not till after ha­ving communicated the same to the said Dukes; and that if thereupon a War should be agreed upon, that then the Dukes of Sleswick (of whom the King of Denmark is one) should [Page 4] send to the said Kings assistance, a certain number of Horse and Foot, maintaining them at their own expences, the King contributing proportionably for his part of the Dukedome, and promising to defend both their Vassals. Chytr. lib. 24. Sat. p. 719. And we find that upon the said Kings not re­garding this Agreement, but making War of their own heads, the Dukes of Gottorp have not been obliged to send the assistance stipulated, though it has been demanded from them.

There have been almost perpetual VVars between the Danes and Swedes, which in former Ages have had dif­ferent successes, but in this last Age been more favourable to the Swedes, especially since the success of their Arms in Germany. Hence it is come to pass, that the Danes, exasperated by the remembrance of the Losses they had sustained by their Provinces and Places which they had lost, in hopes of better success, and by the Instigation of evil Counsellors, pouring oyle upon the Fire, have taken all opportunities of making VVar against the Swedes, without acquainting the Dukes of Gottorp, much less consulting with them about it; but with so ill success, that they have been still punisht with greater Losses, having likewise thereby involved the Provinces and Subjects of the said Duke in all the calamities attending a VVar; by which, though the House of Gottorp hath suffered in­finite Damages and Violations in its Rights, yet were they never extinguished, nor lest to the sole pleasure and determination of the King of Denmark as Supreme Prince.

But not to take the matter too high, and to come nearer to our Subject, let the beginning and end of the late VVar between the Danes and Swedes be diligently con­sidered, [Page 5] for from thence springs all the mischief. Carolus Gustavus King of Sweden, making VVar against Poland, and having raised up many powerful Enemies, who seemed to have reduced his Army to great streights; Frederick the III. King of Denmark, of happy Memory, taking that opportunity, declared VVar against the Swedes, making great preparations both of Men and Arms, as thinking he should never have a more favourable oppor­tunity to recover his Losses, and humble the Swedes. And the King of Sweden being by Marriage with the Daughter of Frederick, Duke of Gottorpe of happy Memory, be­come nearly allied to that House; the said Duke Frede­rick obtained a Promise from his Son-in-Law, that he would hearken to a Peace, which he undertook to mediate with the King of Denmark. The Duke there­fore wrote several Letters with his own hand to the King of Denmark, to perswade him to Peace, and not only profer'd his own assistance to conclude it, but earnestly recommended the promoting of it to the Ambassador of the most Christian King. Yet so far was the King of Den­mark from taking this Office in good part, that he never thought fit to give the Duke any Answer herein. But the event of this unnecessary War was, that the King of Den­mark, instead of reasonable conditions of Peace which the Duke of Gottorp might have obtained for him, hav­ing spent his Forces, was obliged at last to admit of such as a Conqueror would impose upon him. And whilst this Treaty was a concluding (by which Schonen and the neigh­bouring Provinces were yielded up to the Swedes) the King of Sweden thought himself obliged to take care of the House of Gottorp, which having sustained great damages in this War, he thought ought likewise to [Page 6] receive all just Satisfaction. Amongst other things it was agreed, that the House of Gottorp should hold and enjoy the Dukedom of Sleswick hereafter, not as for­merly from the Crown of Denmark, but independently and absolutely, without subjection to any other Power. To this the King of Denmark seemed at first very un­willing to consent; but when the States of that King­dom offered him the same Right over that part of the Dutchy of Sleswick which was his, and thereby gave him occasion to aspire to the Monarchy of the whole King­dom, he approved thereof both for himself and the Duke of Gottorp.

Not long after the King having compassed his design, and obtained the Monarchy of the Kingdom of Denmark, from that time governed all things by his sole will and pleasure, exercising an independent Authority, and abso­lute Dominion over the Persons and Estates of his Sub­jects. Thus the Danish Commonwealth being chang­ed, and all things having put on a new Face, the King endeavoured all he could, so to order the affairs of the Kingdom, as might best establish his Authority, enable him to repulse his Enemies, and recover his Losses. And nothing seeming more to oppose his designs then the Dukedom of Sleswick and Holstein, eminent in Riches, abounding with Valiant men, and unaccustomed to such kind of Dominion, which would adhere to the Duke of Gottorp, who had Souldiers and a well-fortified Town there, and that probably Holstein might demand help from the Emperor and Empire; the Danes begun to have an ill Eye upon the Duke and his Fort of Tuningen, sus­pecting his League with the Swedes, and Journey to that King; which they endeavoured many ways to traduce, [Page 7] insomuch that their envy against the House of Gottorp, and their Designs to break the Treaty made at Roschild, ap­peared [...]ain enough, though they endeavoured to cover their designs by writing several Letters, pretending all friendship and sincerity at the same time, [...] to put them in practise.

These Designs of Denmark being now grown so ripe, that nothing but an opportunity seemed wanting, it quickly offered it self. For the King of France having made War upon the Ʋnited Netherlands, and they hav­ing eased themselves of the burthen thereof upon Ger­many, the Elector of Brandenburg joyned himself, toge­ther with others, with the Confederates, in opposition to the most Christian King, and afterwards concluded a Peace with him by the Mediation of the King of Sweden upon most advantageous Terms, who having interposed his Guarantee to the King of France, and the Elector soon after taking up Arms contrary thereunto, the Emperor Ele­ctor of Brandenburg and others, fearing lest the Swedes should make good their Guarantee by force of Armes, drew the King of Denmark to their side for a diversion to the Swedes. No sooner had the King of Denmark got this opportunity, but he Muster'd his Army in Juitland, and presently after put them into Quarters; yet so as the Enemies of the Swedes, at the Court, had an opportunity still to perswade that King to a War against them; which the Swedes endeavoured to divert, by sending a splendid Embassy to Copenhaguen, but without success, being able to obtain only a short delay of that Expedition.

In this conjuncture of Affairs, the King of Denmark had fully resolved upon a War against the Swedes, but suspecting that the House of Gottorp, to which he had [Page 8] shewed so much ill-will, would not neglect their own Defence, whereby his Designs might miscarry; He thought in the first place, by depriving it of all its Riches, Arms, Forts, and Force, to ruin it wholly; and in order thereunto, the King made several exorbitant Demands, and moveing frequently with his Army, seemed to Threaten open Violence; afterwards in the Assembly of the States of the Province, he challenged to himself the major part of the Revenues, which had always been equally divided between him and the Duke of Gottorp, leaving a very small pro­portion to the Duke: But his Highness having signi­fied by his Ambassadors to the Kings Commissioners, that he would oppose this Demand, as contrary to the Antient Customs, the Assembly was dissolved without doing any thing, and Adjourned to another time, these Controversies encreasing daily more and more.

But the most remarkable was that about the Succes­sion to the County of Oldenburg and Delmenhorst, which being long debated, was at last left to the Imperial Tri­bunal for a final decision, the most Serene Dukes of Holstein-Ploen being Plaintiff against the King of Den­mark and Dukes of Gottorp: whilst these two last with­stood joyntly the Dukes of Ploen, according as they had agreed between them, the business remained undetermi­ned; but the Duke of Holstein-Ploen going another way to work, found means to transact with the King separate­ly, and so that obstacle being removed, sentence was given in the Emperours Court against the Duke of Gottorp. This Transaction was carried so secretly, that the Duke of Gottorp has not yet been able to learn the particulars and conditions of the Agreement.

[Page 9] The King of Denmark in the mean time challenging to himself the whole Power in these Countries against all Right, and excluding the Duke of Gottorp from all share, not only there, but also in the District of Stad-budjad, a Fief of the House of Brunswick and Lunenbourg.

For when this Cause was under debate in the Imperial Court, the King of Denmark himself by Letters to the Duke of Lunenbourg desired him, amongst other things, to intercede with the Emperour, that the said District Stad-budjad, no ways belonging to those Provinces, might not be involved in that Controversie. The Duke obtained his desires from the Emperour, and therefore, when the Sentence given by his Imperial Majesty con­cerning these Countries came to be put in Execution, The Dukes of Brunswick, Lunenbourg, exempted again the said District from the Execution, and in express terms reserved to the House of Gottorp their Rights in it. Notwithstanding all this, the King commanded Homage to be paid to him alone by all the Subjects of that Di­strict, not only excluding the Duke, but using his Am­bassador ill, who had entred his Protestation against it, and attempting also to Usurp to himself the Toll of E [...] upon Weser, belonging by Inheritance, partly to the House of Gottorp, and partly to the Kings of Denmark, endea­vouring to dispossess the Duke of both.

While these Differences encreased more and more, the King of Denmark in order to the carrying on his designes against the Swedes and the House of Gottorp, the more secretly and succesfully, caused the Swedish Ambas­sador then at Copenhaguen, negotiating a Marriage for the King his Master, and thereby a firm Peace to be received with the greatest demonstrations of kindness and friend­ship▪ [Page 10] And at the same time the Chancellor of Den­mark wrote very civilly to the Resident of Gottorp, then at Hambourgh, telling him he would meet him half way, to endeavour a fair composition of all the differences be­twixt the King and the Duke, which, he said, he desired above all things, and doubted not but a few hours would put an end to what had been kept on foot so many years, if he would be pleased to meet him accordingly. The King himself afterwards declared his mind to the same purpose to the President more than once, and last of all by the Earl of Oldenbourgh, who told the President, that the King desired nothing more then to have his Presence and assistance to accommodate these difficulties in so cri­tical a juncture, by which compliance of his, he would oblige his Majesty, who was inclined to hearken to an accommodation. After this the Earl was sent by the King to the Duke of Gottorp, to assure him of his Friend­ship, and let him know the necessity of the President's going to his Majesty, and after a short stay went to Ham­borough with Letters from the Duke to the President, for whose further security to come to the King at Rensbourgh, his Majesty sent him a Passeport, and one of his Trum­pets.

Soon after the King of Denmark going to Holstein, to put his designs in Execution, acquainted the Duke of Gottorp with his Journey, desiring him not to be troubled at it, as having no other intention therin but to compose all things to both their satisfactions. The Duke of Gottorp trusting to several Letters full of the like assurances, when the King was on his way with all his Army to Holstein, sent one of his Gentlemen to Hadersleby, to complement him, and went himself soon after with his Brother the [Page 11] Bishop of Lubeck and the Earl of Aldenburgh, then retur­ned from Hambourgh to meet his Majesty, waiting upon him at Hensbourgh, after which the King being to go through Dennewerk, and his Highness having entertain­ed him there with all imaginable respect and splendour, the King desired him to come and see him at Rendsbourgh, where he was to stay for sometime, and for a larger ex­pression of kindness, both his Majesty and his Chancellor drunk several times to the good success of the approaching Consultation.

After this Adolphus Kielmannus chief Minister to the Duke of Gottorp, notwithstanding his Sickness and the dissuasions of his Friends, went directly from Hambourgh to Rensbourgh, where having confer'd with the Chancellor of Denmark above eight hours about the principal mat­ters in debate, he offer'd the Government of Tunderen for the County of Oldenbourgh and Delmenhorst, and having removed all other Impediments he could think upon, and taking the business to be near its conclusion, and to want nothing but the ratification and subscription of the Prin­ces; he went to Gottorp to let his Master know, how far they had proceeded, and with what success. The Prince himself, that nothing might be wanting on his part for composing the remaining Differences, deputed Adolphus Buchwaldius Governour of Sleswick, Frederick Kielman­nus the President, and Andrew Cramer one of his Coun­sellors of State, with a special Commission to go to Rends­bourg, June 22. 1675. being Arrived there, they con­fer'd the next day with the Earl of Rantzo, and the Lord Wibius, and Gloxinius his Majesties Counsellors of State; and they being the same that had assisted at the Assembly of the States at Kilon, on the part of the King, without [Page 12] effecting any thing, renewed the matter of the Taxes, saying, That the King persisted still in his demand of the greater part of them for the maintenance of his Army, which granted, his Majesty would bind himself by Re­versal Letters, as they call them, (a thing not so much as mentioned in the Assembly of the States) never to make this a President for the future. But the newness of that being a prejudice great enough, the Duke of Gottorp thought it not secure to recede from the Antient Customs; yet to gratify the King, he made this Pro­posal, That the greater Taxes should be paid, but to be equally divided and employed by each Prince, in raising and maintaining Souldiers for the defence of the said Dukedomes; and that the States might the easier consent thereunto, he desired the whole business might be pro­posed to them, it being most agreeable to Antient Cu­stomes and former Treaties, especially that of the Union, to consult the States about raising of an Army, maintain­ing and quartering it, and then proceed according to their resolutions.

While they were thus debating concerning Taxes, and other things, the Chancellor of Denmark wrote from Rendsbourgh to the President Kielmannus, acquainting him that the King being ready for a Treaty, it would be advantageous to both Princes, if the Duke of Gottorp would please to come to the King at Rendsbourgh, and by his Presence promote an Amicable composure of all these matters. The Duke remembring his Majesty had desi­red the same thing of him at Dennewerk, to shew at once his duty to the King, and his inclinations to Peace, sent one of his Gentlemen upon St. John Baptists day to his Majesty, to acquaint him, that his Master was ready to [Page 13] wait upon him, if he would give him leave. The King commending this Resolution of the Prince, said twice, he hoped the President Kielmannus would come along too. Accordingly next day, the Duke being perswaded that all was sincerely and honestly intended, begun that unhappy Journy with the President and some others, and being near Rendsburgh, was received with the shooting of several Guns. But hearing there from some of his, what had been said in the Kings Name about the Taxes, his Highness desired it might be regulated according to former Treaties and Antient Customes; and as to other things, he declared himself as above, protesting he would always obey the King, and wholly employ these Taxes in a War for the defence of his Country.

At last comes that fatal and unfortunate day, the 26. of June, in which all the designs that had been so long a­hatching against the House of Gottorp to its Ruin, were to be put in Execution, and that hidden Fire to break out into open Flames. It was hastened by some Letters, that came that very day from the Elector of Brandenbourg, and brought the News of the defeat of the Swedes in the Province of La Mark: Assoon as they were read, all things seemed to favour the Kings designs, and conspire to the Ruin of the House of Gottorp. The Danes glad and proud of this good Omen, thought it not sit to delay or dissemble it any longer, but called a Council of VVar, shut the Gates, drew up their Draw-bridges, sent their Forces to Sleswick, Tonninghen, and up and down; shut up the Harbour with a Boom, disarmed and secured the Dukes Troop of Guards, and permitted none to sti [...], unless they could show the Kings leave under his own Hand. The Duke himself, instead of being Invited to Dine with the [Page 14] King, as formerly, had his Dinner brought him apart in his drawing Room, and Guards set to watch him; his Chamber-doors being bolted every Night: None of the King Ministers being suffered to come near him for some days, except the Sieur Winterfield, High-Marshal of the Court, to whom the Duke, having called him to him, said, That he was a Prince of the Empire, there un­worthily Treated, contrary to his expectation, and unde­servedly; nay, contrary to the greatest Protestations and assurances of Friendship, and Publick Faith, desiring him to acquaint the King therewith, that his Majesty might permit him to depart. But alas, all was in vain, it being resolved, that the Blow should be followed, this Detention being but a Prologue to more mischief.

For the Duke and his Ministers being now in their Power, and a fair opportunity presenting it self to invade the Swedes, weakned by their loss at F [...]berlin, the Kings Deputies having sent for Buchwaldius, Frederick Christian Kielman, and Cramer, to Court, told them, that the Case being alter'd, they were no more to dis­pute about giving the greatest part of the Taxes to the King, who would now challenge the whole alone, and quarter his Army up and down in the Dukes Territories to preserve them from the Enemy, and that the Empe­rors Requisitorial Letters might be obeyed, which they would therefore now exhibite to them, shewing also by this their ill-will and premeditated Designs against the House of Gottorp. Moreover they added, that the King had for a long time been jealous of the Dukes designs and inclinations, and being to carry his Army out of the Country, he thought he ought to take care to leave no Enemies behind him, wherein he could not secure him­self [Page 15] but by seizing upon the Castle of Gottorp, the strong Town of Tonningen, and all the Dukes Forces, till the change of Affairs might secure him otherwise. That it was not sit for the Kings Majesty to exchange the Coun­ties of Oldenbourgh and Delmenhorst, for that of Tunderen. That these and other things could not be done in haste, but required more time than the King could now spare, fearing lest some third Party might in the mean while seize those Provinces. That the King therefore would put Garrisons into all the Fortified places of the Coun­try, and provide all other things necessary for its De­fence: protesting withal, that if any loss should happen by the Dukes delay, the Reparation of it would be re­quired from the Author thereof; but if the Duke would accept of one hundred and fifty thousand Dollars offered him at Copenhaguen, to renounce his Right to them, they still hoped his Majesty might be prevailed upon at the Dukes request to pay that mony.

The Danes having proposed these severe conditions, and the Dukes Commissioners having been to consult their Master, returned this Answer, That as to the Taxes, the Duke, without prejudice to his Right, was forced to yield to the present juncture of time in that Matter. That the Requisitorial Letters of the Emperor concerned onely the Dukedom of Holstein, not that of Sleswick; and they being according to the Constitutions of the Empire, and the Pragmatick Sanction, could re­quire nothing of him but a safe Passage, which his High­ness would never deny, when ever the King should de­sire it. That the Castle of Gottorp was neither by Art nor Scituation so strong as to be formidable, and therefore the King might well permit the Duke to secure the place [Page 16] of his Residence and Habitation, with some Souldiers; and for an evident proof of his respect, the Duke was contented his Majesty should have as strong a Garrison in Tonningen as he himself, provided both should take the Oath of Fidelity to each Prince; and that the King would oblige himself, that upon the change of Affairs, all things should be restored again as they were. That if the King would dispose solely of all things in these Countries at his Pleasure, the Duke must yield to it, but hoped his Right should be saved entire: That he had never committed nor omitted any thing that might entitle the King to demand reparation of him; and for the Pro­posals of an Exchange, they were neither such as impo­sed a necessity upon his Majesties will, nor derogated from it. That he would leave the Transactions of Copenhaguen till they were set on Foot again. And lastly, That he earnestly begged, that the King would no longer delay to grant him and his, Liberty to go where they would.

This most reasonable Answer of the Duke proved of no effect, the Danes being resolved to pass to the greatest Extremities: For the Kings Deputies signified again in Writing, That their Master persisted firm in his first of­fers, hoping to provoke the Duke to discover his mind in the same manner. But he replyed only as before, request­ing again, That the King would not urge so much the Sur­render of his Castles and Forts, but consent to some easier Terms than these; which the Danes said were only Baga­telles.

But that King and his Minister were so far from remit­ing any thing of the Rigour of their Demands, that they added Rebukes and Threats; For, said they, the Dukes absolute Power over Sleswick, being extorted from the King [Page 17] by force of Arms, the Duke had thereby lost the Fief of it▪ and his being in a League with the King of Sweden, an Enemy to the Empire, might probably cause him to be dispossest of the Dukedome of Holstein, and the King to be invested therein. Moreover, that the King was fully resolved, That neither the Duke, nor any of his Ministers, should be set at Liberty, uniil he had seized all the Dukes strong-holds, and that he would even confine his Highn [...]ss apart from all his Ministers and Servants, and proceed to the Execution hereof by force of Arms. For as we have before mentioned, they had al­ready Body of Horse and Foot in Sleswick, which block­ed up the Castle of Gottorp, where the Reverend Bishop of Lubeck, Brother to the most Serene Duke, then was, and had also invested Tonningen and Holme: and that nothing might retard the Surrender of Tonningen, an Or­der was drawn by the Kings command for the Duke to Sign, and send to the Person that commanded for him there.

The Duke seeing himself betrayed, and without any help, deprived of his Liberty, and fallen into a very dan­gerous distemper, fearing greater Evils might be intended against him and his Ministers, (which was not obscurely given him to understand) suffered at length the Surrender of all his Forts and Forces to be extorted from him: and though he only desired from the King that the Castle of Gottorp, the place of his Residence, might be free from a Garrison, he could not obtain it, nor so much as that the King would annex to that fatal Surrender, a Promise to secure him by Reversal Letters of the Restitution of his Forts, and what belonged to them. But though this was promised by the Chancellor of the Kingdom, in the hearing of the King and his Brother, who never contra­dicted [Page 18] it; yet his Majesty refused to oblige himself to it in Writing, the Chancellor answering again for his Ma­ster, that a Kings promise by word of Mouth was more to be valued than any other Security. And when the Castle of Tonningen, with all his Magazins and Ammuni­tion, was shortly after delivered up to Charles Arenstorf for the King, he added these words to the foot of the Inventory, which was signed by him, That all things should be restored fully and faithfully according to the Kings Promise.

The Danes being Masters of the Castles of Gottorp, and all the other Forts, the Duke was carried to Gottorp on the 6. of J [...]ly from one Prison to another: For the Danes had not only seized the Passages, Gates, and Fortificati­ons of that place, but ordered a Company to watch night and day near his Highnesses Chamber, to let him know that he was still their Prisoner. The Prince being thus in their Power, the Princess his Wife, whom he had not been able by all his kind Letters to get out of Copen­haguen, where her Mother had invited her before all these Troubles, and kept her, was at last restored to him, per­haps for fear, lest she might prevail upon the King her Brothers mind, and avert those great Violences designed against her Husband and Children.

VVho would not have thought the King fully satisfied with this? but it proved otherwise; For the Earl of Alefield Governor of Holstein, having sent for the President Kiel­mannus, dictated to h [...]m eight Articles of great Impor­tance, and bid him acquaint the Duke with them by Buc [...]wald, the Vice-President Kielman, and Cramer, and get him to declare his opinion about them, detaining the said President Kielman still at Rendsbourgh. This being [Page 19] done, and they returned to Rendsbourgh, did according to their Instructions declare his Highnesses mind upon every Head, delivering also his Letters to the King and the Chancellor, and intreating them to have some regard at least to Justice and Equity. But all was in vain; for the Chancellor and the Governor having sent for the Dukes Deputies, and read to them these Eight Articles of their own Penning, demanded with great Threats, that the Duke should sign them without any Alteration or Limi­tation; adding, that if the Duke refused to obey the Kings will, both Dukedomes and all belonging to them, being now in the hands of his Majesty, he could easily force a disarmed and forsaken Prince to do what his Ma­jesty had a mind to, and then it would be too late to Repent. The Duke sensible of this new Violence, and of his being kept a Prisoner by the Danes, in his own Castle and House, yielded at last to Force, and with great reluctancy subscribed to these severe conditions, as think­ing it in vain to hope for any more reasonable, and with his Brother, the Bishop of Lubeck, renounced their Su­preme and Independent Right over the Dukedome of Sleswick, which was extorted from them by meer Vio­lence and Necessity.

At last the Duke being impatient to be kept always a Prisoner in his own House, and to be forced every day to consent to what the Danes would exact, and being in­formed that the City of Sleswick, though unfortified, was yet full of Danish Souldiers, begun to be more jealous of the designs of the Danes, and seared either yet a closer Imprisonment, or to be conveyed God knows where. The most Serene Queen Dowager of Denmark was now come to Augustberg, and had sent for her Daughter the [Page 20] Dukes Wife, who had acquainted the Duke her Husband with her intended Journey, in obedience to her Mother, praying him to accompany her: But the Duke remem­bring that when the King went to Holstein just before these troubles, the Dutchess his Wife had been sent for to Copenhaguen, upon which all these mischiefs had befallen the House of Gottorp, apprehended new Evils to him and his, from this second Journey, and thought of his escape. Therefore to lay hold on the occasion, his Highness cau­sed some Horses to be made ready, took a few of his Servants with him, commanded that his Dogs should follow, pretending his intention was to accompany his Dutchess part of the way, and then recreate himself with Hunting; but having gone a few hours with her, taking his leave of her, he rid away as fast as his Horse could carry him to Kilonium. Being there, as he was resolving to leave his tired Horses, and prosecute his Journey in a common Coach, word was brought him, that the Danish Troopers were riding, not only about Sleswick, but every­where as far as Hambourgh, and guarded all the ways; not staying therefore to Dine, he was scarce gone out of Town, but he was met with two Danish Troopers, who taking hold of the Reins of the Horses to stop the Coach, the Duke telling them he was a certain Nobleman, esca­ped to Eutin, where he heard, that both the Kielmans were carried away Prisoners to Copenhaguen. From Eutin he came to Hambourgh indeed, but as a Banisht Person, and one forc'd to leave his Country and Subjects, exposed to the will and pleasure of the Danes. For the King af­terwards, contrary to the Engagement the 11. of March 1676. demolisht the strong Town of To [...]ngen, and the Castle of Holme to the ground, the Drums beating, and [Page 21] the Trumpets sounding; and having caused the Dukes Armes upon the great Guns to be defaced, sent them with all the Ammunition partly to Rendsbourgh, and partly to Copenhaguen; and exacting also Contributions to the va­lue of many Millions of Gold, and a prodigious quantity of Corn, Chariots, and Horses; wasting all the Dukes Villages and Towns with Quartering his Souldiers in them, and causing them continually to pass and repass to and fro. This his Majesty does to this day, not having re­mitted a penny of Taxes and Impositions for the Dukes Subjects thus expressed, though many times desired to it by the Dukes Letters and his Ambassadors, and using the Duke at the same rate, not permitting his Subjects and Servants to pay him any thing of his Revenue, that both Prince and Subjects might at last perish by Famine, and the many other Calamities they are forced to endure.

The King nevertheless being extreamly vexed, that the Duke had chosen his abode in a City so Famous and Po­pulous, from whence the whole Story of the Barbarity exercised against him, and the breach of so many reitera­ted Engagements, might be spread over all the world, employed all sorts of Persuasions and Cunning to get his Highness back, and have him again in his Clutches, and at his disposal; but his Highness warned by his former Usage, having learnt to distrust, would not be prevailed upon. His Majesty for all that, remitted nothing of his Prosecution against the Duke, and both by Letters and Envoys demanded especially, with great earnestness, that the Duke in compliance with the late Treaty (if it may be so called) at Rendsbourgh, would solemnly receive from the King the Investiture of the Dukedome of Sleswick, threatning for default thereof to Confiscate the same. [Page 22] On the other hand, the Duke sent him word, that the Transactions at Rendsbourgh were so unjust, that he thought his Promise less engaged thereby than the Danish Reputation. Yet for fear of exposing his Subjects to greater Cruelties, and to comply with the Times and the advice of those, who thought, that in Civility to the King, the Duke would do well to send some Gentlemen, to know his Majesties pleasure, and upon what condi­tions he was resolved to grant that Fief; (for it is certain that it had been held formerly upon different conditions) the Duke thereupon sent his Ambassadors to Copenhaguen to desire the King, that he would be pleased first to re­medy some of the chiefest grievances, which had Relation to the Fief it self, and then declare his pleasure about it. The Ambassador during their stay at Copenhaguen, had no success, and having once mentioned the Griev­ances, were scarce ever after admitted or heard; the word Grievances offending the Danes extreamly, and the Kings design being, without any regard to them, to order all things according to his own Pleasure. Therefore the Ambassadors, being advised by the Queen-Mother to return to their Master, and let him know the whole business, and the eminent danger a delay would cast him into, and to return with new Instructions from him, agreeable to the Kings will; they parted from Copenhaguen without their Masters knowledge, or effecting any thing. But the King interpreting this and other things in the worst sence, sent a little after three Commissioners to Sleswick, the Metropolis of the Dukedome, viz. The Earl of Rantzo, the Lord Gloxin, and the Baron Lenten Assessor of Gluck­stad, with Orders to Sequester the Dukedome in the Kings Name, and absolving the Magistrates and People [Page 23] from their Allegiance to the Duke, oblige them to take an Oath of Fidelity to the King, and if any refused it, to deprive them of all their Offices; to bring in all the Dukes Revenues into the Kings Treasury, and put a Garrison a­gain in the Castle of Gottorp; adding these secret Instru­ctions, that if the Duke did not comply with the Kings pleasure within six weeks, and accept this Fief upon the Kings terms, it should for ever be annexed to the King­dom of Denmark. And that these new Orders of the Kings might be more publick, and the better observed, the Kings Proclamation to that effect was published and affixed at Sleswick; in opposition to which Usurpation, the Duke published another, together with his solemn Protestation, commanding the States of the Dukedome and all his Subjects, to continue in their Loyalty and Obe­dience to his Highness.

The Narrative of the matter of Fact might very well end here, but that many calumnies thrown upon the House of Gottorp must make part of it. Therefore, that the Truth and the Innocence of the most Serene Duke may appear the better, and to take off all subject of cavil from the Danes, we will say something about what the Danes pretend to be most offended at, that so the Justice of the Dukes Cause may be more evident.

First of all, we shall speak about the Dukedome of Sleswick, and shew that the Danes had not always the same right over it, but sometimes little or none. For when antiently the Venedi had great Wars with the Danes, the Diocess of Sleswick being chiefly in [...]ested by their Inroades and Robberies, to prevent it, the Kings of Denmark erected it into a Lieutenancy to oppose them, as formerly the Emperor had erected Denmark into a [Page 24] Marquisate. In the beginning of the twelfth Century, [...]he Vandals having invaded Sleswick, and razed the chief City thereof, no body would accept of that Lieutenancy, till at last Nicholas King of Denmark turn'd it into a Dukedome about the year 1118, and made his Brothers Son first Duke of it, who being Murthered by his Sub­jects, was Canoniz'd, and call'd St. Canut. Now whether this Canut received the Dukedome to hold as a Fief of Denmark, is not only questioned, but rather denied by the great Historian Jo. Adolphus Cypraeus, in his Annals of Sleswick, lib. 1. cap. 21. 'Tis true, it cannot be disputed, but that the Kings of Denmark grant the same to be held as a Fief from them, but the terms upon which, have been different; and the Kings sometimes reserved nothing to themselves but the Solemnity of the Investiture. For Waldemar the Third, with the Advice of the States of the Kingdom, gave to Gerhard Earl of Holstein his Ʋnkle, for him, and his lawful Heirs, the Dukedome of South-Juitland, cum Dominio utili & directo, and all things belonging to it, and all the Vassals in the Diocess of Sleswick, to be enjoyed for ever by him and his, quietly and peaceably, and to be held as a Fief with the Armes of it. Renouncing for him, his Heirs and Successors, all the Right that ever they had in the same. Two years after, King Christopher made over the Island of Femeren, with the Propriety of it, to John the III. Earl of Holstein, and all his Heirs, as well Male as Female, to be held likewise as a Fief; which Donation was confirmed by Waldemar the IIII. his Son. And Christopher the II. being restored to his Throne, Waldemar the III. who had Resigned it, had the Hereditary Dukedome of Sleswick conferred upon him. John Meurs an excellent Writer of the Danish History, relates of Margaret the [Page 25] prudent and careful Queen of Denmark, that she made a Peace with Gerhard Duke of Sleswick, and those of Holstein, Covenanting, That the sole Jurisdiction over Sleswick and Holstein should remain to their Dukes and Earls, and that for the future she should not meddle in the Affairs thereof, nor they in those of Denmark, lib. 5. Contin. Hist. Dan. p. 9 [...]. But Gerhard being Dead, Margaret and her Husband Eric demanded the Guardianship of his Children, and under that pretence, seizing upon many Castles and Places of the Dukedome, at last endeavoured to get the whole, and reunite it to the Crown of Den­mark, which being perceived by Gerhards Sons, and o­ther Princes, and that she demanded of them, first abso­lutely to resign that Dukedome to the King and King­dom of Denmark, before they should receive the Inve­stiture of it, occasioned a sharp War for Thirty years. At last when the Dukedom came to Adolph the last, Duke of the House of Schawenburg, and that by his Interest, Christian the first, Son to Theodorick Earl of Oldenburgh and Hedewig Adolphus's Sister, had been Elected King of Denmark, He promised by a solemn Deed to his Ʋnckle, and the States of the Province of Sleswick, that he would never unite or incorporate the Dukedom of Sleswick to the King­dom of Denmark, and that they should Swear Allegiance to him as Duke of Sleswick, and not as King of Denmark. And Adolph dying Ten years after without Children, Christian succeeded him, and from that time the Fief of the Dukedome of Sleswick was not solemnly granted by the Kings of Denmark to any Body, that I know (says the Learned David Chytraeus, lib. 24. Saxon. Hist. p. 717. seq.) for above 120 years after. There have been besides other disputes about this Duke­dome, as, That this Fief should be exempted from the [Page 26] performance of all Services; That the Succession should come to Women as well as Men: by which it appears, that it was not always granted or held upon the same con­ditions, and that there is little Reason to envy the House of Gottorp, for having at its own great charges and cost, obtained for that Dukedome an Independent Authority, and thereby taken away all occasions of discord between them and the Danes. For after this Independent Sove­raignty was granted, though they might have justly de­manded other satisfactions to be made them, the Duke preferred a Peace which they had justly sought by the alteration of this Dukedome, and which was confirmed by the consent of the King and States of Denmark, as most advantageous both to the King and the House of Gottorp, to all the Monies they might expect. And as all other humane things or goods may by commerce pass from one hand to another, so there is no doubt, but the Right of an Independent and Supreme Power may likewise be trans­mitted and alienated. Therefore if a proportioned satis­faction be demanded to a great loss sustained, it may be given, not only in paying so much mony, or delivering up so many Towns and Provinces, but by quitting and transferring the Right of Supreme Power by those who have a right to Alienate; so that a Person, who before he had due satisfaction made him, had but a Dependent Power, may receive and retain it Supreme and Absolute: This being confirmed by a late instance of the Elector of Brandenburg, who, not many years ago, obtained Prussia in this manner.

To say that the most Serene Dukes of Gottorp have for­tified Tonningen, levied Forces, entred into a League with the Swedes, and made a Journey to Stockholme, is but a [Page 27] frivolous Accusation. For what should hinder the Duke of Gottorp, or by what Law is he prohibited to fortifie a Town, or raise a Fort? and Building one in the Duke­dome of Holstein, he only does what all the Princes and States of the Empire think they may do, and do every day. And if he would do the same in his Dukedome of Sleswick, we know no Law or Treaty by which he is pro­hibited to do it. Frederick Duke of Gottorp having to his own cost found that he was exposed to all sorts of in­juries and damages, when-ever the Enemies of the Kings of Denmark were by War, or otherwise, drawn into his Territories, and that he was secure no-where; towards the latter and of the year 1644. (during the War) began to fortifie Tonningen, which was not opposed by the King of Denmark, as there was no just reason to do it. But about the year 1660. that King laid Siege to the place, to force the Duke to abolish and annul the Treaty made at Roschild for the benefit of the House of Gottorp; whence you may well judge with how little sincerity the Danes intended to keep this Treaty, which they had so solemnly agreed and bound themselves to. But the Duke refusing to hearken to so unreasonable a demand, endured the Siege stoutly, till after some time a Peace was concluded with­out the least mention that these Fortifications ought not to have been raised, or promise of demolishing them: For as this Fort was built only for the security and defence of the House of Gottorp, that the Dukes might have a Place to retire to in times of danger; so they never rais­ed more Forces than were necessary for the defence of the Place: And if the Duke had intended to invade Den­mark, he must have provided much greater Forces, and taken other Measures.

[Page 28] That the Duke has entred into a League with the King of Sweden, is not denied, but it is only such an one, as may enable him to resist an unjust Force, and defend himself. If the Danes do accuse him of making any other Leagues to the Ruin of Germany or Denmark, his High­ness denies it absolutely, and desires no credit may be given them in a thing for which they can bring no evi­dence: But if they alleadge, that the Conditions by which the Duke has sought to secure his own House from their Oppressions, are Hostile and against them; they plainly shew that they have a mind to wrong those they ought rather to Protect, and not provoke to a just Defence, which in the end may prove dangerous to Denmark it self.

That Objection of the Dukes journey into Sweden is much of the same nature: For although his Highness would not be diverted by the Councils and demands of the King of Denmark, tending to nothing but a War, from going to see the King and Queen Mother his near Relations, and take their advice; yet this Journey was never undertaken to enter into new Alliances, those Princes being entred into one long before, but in respect and deference to the most Serene Queen his Sister, who had promised to come and see him. Nay, if the Danes (who are generally very clear-sighted in the affairs of the House of Gottorp) did not interpret all that which the House of Gottorp does in the worst sence, they could have satisfied themselves easily, that that Journey was never intended against their Interest.

But some may say, that it was not lawful for the Duke of Gottorp to make a League with the King of Sweden, because he was declared an Enemy to the Empire. Such [Page 29] fooleries are so ridiculous, that they deserve no Answer: But because they are spread abroad, and may deceive the simple, who are the greater number, we must say some­thing to them. VVhy the French and Swedes have been declared Enemies of the Empire, is a matter we shall not meddle with. The Duke of Gottorp is not concerned in the Quarrel of either of them, and so ought not to be involved therein. The Duke has been allied with Sweden since 1661, long before the Swedes were declared Ene­mies of the Empire, and at a time when all the Parties in War, even the Emperor, and also Spain, courted the Friendship of Sweden, and earnestly desired their Media­tion to compose the differences then on Foot: Besides, there is no Article of that Treaty with Sweden, which may endanger the safety of the Empire, or any of its Mem­bers, since it is wholly Defensive. Nay, the Duke has by express words excepted the Empire, declaring he would not be bound by this Treaty whenever any thing should happen to the prejudice of the same: And also the King of Sweden in it recommends to the Duke by all means to entertain a friendship with the King of Denmark. And the Danes themselves will not deny, but that they, the Elector of Brandenbourgh, and others, have invited Sweden to enter into a League with them; and therefore cannot blame in the Duke of Gottorp what they themselves did or would have done, especially since the Duke sought no­thing more than to render the Peace and publick Safety more firm and secure. It is then a meer cavil to object, that the Dukes of Holstein have made a League with the Swedes, who are Enemies of the Empire, as such, since their help was never intended to be used but for a just defence against those, who contrary to the Faith of [Page 30] Treaties, would invade them, and not to the prejudice of the Empire, or any body else, there being reason e­nough to fear an Invasion by the face of things then, as the event has too unfortunately shewn.

But because the Danes are of opinion, as to the Taxes, that their Kings demand of the greater part of them for himself was very just, and that the Duke had no reason to deny it, since his Majesty had an Army in Pay, or at least more Troops than his Highness, to defend both Dukedomes; this must be more particularly examined: And first, 'tis certain that the King would never acquaint the Duke, nor the States of the Province, with the de­signs of this VVar, though it was to be carried on with their Monies, and so was far from undertaking it with their will and consent, according to the Treaties and an­tient Customs. Moreover, though he had undertaken this VVar with the consent of the Duke and States, he could not demand more mony than was agreed by the antient Treaties, and was wont to be granted. Besides, this VVar was not entred into for the defence of these Dukedomes, but that the King of Denmark might take that occasion of invading the Swedes, and recover his losses in the last VVar. Again, if the King of Denmark thought, that because of his League with the Emperour and the Elector of Brandenbourgh, he could justly attack the Swedes; yet could he not violate the Agreements made by the Treaty of Roschild, trample it under feet, ruin the House of Gottorp; and to that end demand first the greater part of the Taxes, then overcharge the Dukes Subjects with Impositions, exhaust them almost totally, by forcing from them in less than half a year, several Millions of Gold. Nay, when the King of Denmark is [Page 31] put upon a necessary and defensive War, 'tis but just he should bring into the Field a greater Army than the Duke▪ for the Dukedoms of Sleswick and Holstein lying as a fence to Denmark, and its security depending upon theirs, each Prince is bound to find Forces proportionably to the Land they possess, and which are to be secured from the Enemy. And though perhaps the King of Denmark may say, that▪ he will with his own Souldiers alone, defend those Duke­domes, and therefore has right to demand money from them, and all other necessaries for War at his pleasure; yet it is to be considered, that this cannot be done but by violating in the highest manner the Rights of the Duke of Gottorp; for we must not think, that by reason of a War, the King may do every thing, and the House of Gottorp have no Power left in their own Territories. Nay, that Serene House pretends to as much Power and Right, as to the making and carrying on a VVar, as the King of Denmark, in quality of Duke of Sleswick and Holstein can any ways pretend to. The Danes now do not question, whether the House of Gottorp hath the Power of VVar, since they have enjoyed it in all Ages, and made use of it against the oppressions of the Danes: but that King en­deavours to get it to himself, having in these late trou­bles manifested his designs of absolutely depriving the House of Gottorp of the Power and Right of VVar; for when the Duke and all his Territories were in the Kings possession at Rendsbourgh, the Danes demanded an ac­count of what Troops the Duke had sent for the defence of the Empire, ordering that they should be paid only by the Kings Commissioners, (as they are called) that the Duke of Gottorp might understand from thence, that he was not to keep any more Souldiers for his Defence, nor [Page 32] to have any part of the Right and Power of VVar in the affairs of the Empire; or the Circle of Lower-Saxony, but that the King would challenge it wholly himself, to the great injury and oppression of the House of Gottorp, and danger of other Princes.

But the Proceedings at Rendsbourgh are covered with this further pretence, as if by it the Antient Union be­tween the Kings of Denmark and House of Gottorp was restored, and those Provinces re-establisht in their most flourishing Condition; and therefore since the greatest Masters of Prudence teach us, that that Government which makes both the Prince and his Subjects most hap­py, ought to be preferred and kept, the King seems to have rather done well than ill, by having disposed and brought the Dukedomes from a less, to a more happy, nay, most happy state, by the transactions of Rendsbourgh. This is a fair Speech, but if we consider it a little nearer, we shall easily discover its fraud: For whereas the Kings of Denmark and Dukes of Gottorp, have their Lands, Governments, and Towns, in the Dukedomes of Sleswick and Holstein, not only contiguous, but intermixed with one another, and the safety and happiness of Denmark depending not a little upon the good Government of these Dukedomes, there were Treaties of Union made, con­firmed, and exchanged on both sides, by which the Go­vernment of these two Countries was left to both Princes joyntly, and they to command in them every year alter­natively, and to have the whole Nobility and other the States, subject to them. And as it cannot be denied▪ but that this conjunction contributed very much to the peace and qulet of Denmark, so the Dukes of Gottorp have used this Right so carefully and discreetly, that none of [Page 33] their Acts have in the least derogated from these Trea­ties of Union, which is more than can be said of the Danes; for though they talk of the Union, when it is advantageous to them, yet have they often violated the same in things of the greatest Importance, which is proved by this: That the Kings of Denmark cannot without breach of the Treaties, (as most manifestly appears, by the Articles of the Union) enter into a VVar, nor carry it on at their own pleasure, without first acquainting the Dukes of Gottorp with their Designs, and obtaining his consent to it; nor in time of VVar dispose at his will of their Subjects, or their Estates, who are either in his or in the Dukes Territories. But as the will and authority of the Kings of Denmark have sometimes prevailed in other Affairs relating to these Dukedomes, so have they affected hitherto to take greater power than the Dukes, though but their equals there. And this having hap­pened many times before the Danish Monarchy was He­reditary, and the Danes since strengthning themselves by little and little, are now come to that, as to make and expound all manner of Treaties for the advantage of their King, and either think themselves no longer oblig'd to them then as they are found such, or as they may by them ensnare the Dukes of Gottorp. For the Danes publish openly, that their King will hereafter order matters in these Provinces, (the Government whereof is joyntly in him and the Duke) as a Prince having the Soveraign Power, and consequently use the Duke as his Vassal. This Joynt-Government being by the Treaties extended to both Dukedoms, it is easily to be seen, that the King intends to exercise a Soveraign and Independent Power in Sleswick, and afterwards by little and little Usurp the [Page 34] same under divers pretences, and especially that of the Union in the Dukedome of Holstein, and so wholly abo­lish the Dignity and Authority of the Dukes of Gottorp, either by the Right of a Military Power, or by degrees in time of Peace. Therefore, what one of the Fathers says of Religion, That she brought forth Riches, but the Daughter devoured the Mother, may be said upon this occasion; The Ʋnion brought forth this Joynt-Government, but the quarrelsome Daughter has destroyed her Mother. The Danes have no reason then to deceive the House of Gottorp, and the VVorld with the specious word of Union, since every one may see, that the former condition thereof is much alter'd, and the farther this Danish Soveraignty shall ex­tend her VVings, the more the House of Gottorp will be endangered thereby.

And no body can look upon this as a meer Conjecture and Guess, since the Danes have in times past and of late confirmed the Truth hereof, and forced the most incredu­lous to Believe it: For in the beginning of May, 1677, the King began to demolish the VValls of the Fort of Tunderen, in the Dukedome of Sleswick, though it ap­pertained to the Duke of Gottorp, without speaking a word to him of his design or reason for it. Not long before, a laden Ship belonging to some Merchants of Lubeck, was stranded upon the Shore near Newstadt, a Town of the Duke of Gottorp's, in the Dukedome of Holstein. Now this being without dispute in the Territories of the House of Gottorp, and some monys being due to the Duke as Lord of the Place for salvage of the Goods and the keeping of them, the Officer of the Place, to keep his Masters right, caused the Goods to be brought a-Shore, and to be shut up in a Barn, &c. The Duke intending they [Page 35] should be restored to their Owners: But soon after came some of the Kings Officers with orders to confiscate the Goods, and having broken open the Barn-door, without any regard to Law, or the Soveraignty of the Place, con­veyed the Goods away upon several Waggons to Hilgen­haven, one of the Kings Towns, and thereby mani­festly violated the Dukes right, having no Orders for the same but from the Kings Commissioners. Besides, in the latter end of March 1677, the King of Denmark sig­nified to the Duke of Gottorp, that he thought fit some Publick days should be appointed for the Subjects, to Pray for the Preservation of the Country. But herein likewise was a design, for it being usual to set three days apart for publick Prayers yearly in his Highnesses Terri­tories, in the week before Rogation-Sunday, the King re­solv'd to take that time, and would not expect the consent of the Duke for it; but taking no notice thereof, com­manded those days to be kept in the Dukedome of Sleswick in his own Name alone, and in the Dukedom of Holstein in his and the Duke of Holstein's Name, thereby infring­ing the Articles of Union in several respects. And though the King publishes, he acquainted the Duke of Gottorp with this design, yet the Duke did never consent to the thing, nor the manner of it. It is by meer force and no right, that the King deteins that part of the Dukedome of Sleswick, which does and did belong to the Duke of Gottorp, as we shall at large prove: The Duke of Gottorp having already contradicted, and firmly contradicting all what his Majesty shall publish or command there in his Name alone. Besides, the King alone has no right to order matters of the Government of the Dukedome of Holstein, (which ought to be setled by both Princes) not having [Page 36] the consent of the Duke, though he cause his Orders to be Published and Proclaimed in the Dukes name as well as his own. For a thing is not done by two persons un­less there be a joynt consent. It is evident therefore, that this also has been done contrary to the ancient Trea­ties: and because that the Kings Order had only his Ma­jesties Seal, and that the King alone cannot enjoyn the States of the Provinces any thing, and especially because that all this hath been done at a time when the Duke, according to course, ought to have had the direction and Prerogative of the Soveraign Power, and Joint-Govern­ment (from whose Power and Right herein, howsoever the Danes endeavour to detract by these pretended Novel­ties) the most Serene Duke did on the first of May 1677, protest against it; and having appointed the usual days for publick Prayers, doth again hereby repeat his pub­lick Protestation in that behalf.

Lastly, this Calumny has also been added to the above­mentioned, as if the Duke of Gottorp (though almost en­tirely ruined by the Danes) should intend dangerous pra­ctises against their state. And first, this Story has gone about, that he was raising Eight Thousand Men in Ire­land, to Transport into his Territories, and a great many have believed it. But it being impossible to begin such a thing, much more to perfect it, without the knowledge and consent of the King of Great Britain, and the Danish Envoy at London having complained hereof, his Majesty desired him very prudently to prove it; which he not having hitherto been able to do, all good men are satis­fied of the Vanity of the Fable. Afterwards another Story has been raised and spread in the Court of the Em­peror and other Princes, having been presented in writing [Page 37] by the Danes to the Deputies of the Circle of the Lower Saxony at Brunswick, that the Dukes Deputies being ex­cluded from that Assembly, and the deliberations thereof, it might serve as a President to help them to perfect their yet worse Designs. It is also charged upon the Duke, that he has taken measures with the Duke of Mecklen­bourgh, to contrive how they should with their own For­ces, or those of the Swedes or others, retake Wismar and Gluckstadt from the Danes. They endeavour to prove this Story by I know not what discourse, of a certain Frenchman called De Luis, who was carried away Priso­ner to Copenhaguen, and by some Letters they found about him.

VVe shall not now dispute what the Duke of Gottorp, so unjustly oppressed by the Danes, may lawfully do a­gainst them, and why he should not use all means for his own Defence: Neither is it necessary we should plead ano­thers Cause, since it may be presumed, that no man will desert himself. But we solemnly affirm here with all sin­cerity, in the Name, and by the Command of the Duke of Gottorp, that he never thought upon any such thing, nor exchanged a word with the Duke of Mecklenbourg about it, as that Duke has himself asserted to the Duke of Got­torp's Minister sent to him expresly, promising to declare the same publickly, and that he never gave any Orders to this De Luis, nor trusted him with any Letters. The Danes themselves, when they think of it, insult over the Duke of Gottorp, and say, they wonder extreamly he will not submit to the Danish Dominion, that is so easie, see­ing himself destitute of all help, and no Prince willing to raise an Army in his behalf. And yet at other times they make him so formidable, and so full of pernicious [Page 38] designs against the Empire, the Kingdome of Denmark, and the Confederates, that they would have him decla­red an Enemy of the Empire, excluded from all publick Assemblies, and having almost entirely ruined him them­selves, to be quite oppressed by others. This is indeed a great Malice and Hatred, sit for none but men full of Gall, who are not ashamed to obtrude such Lies upon their King and the whole Christian world, that they may take away from the Duke all means of helping him­self, and so stain his Innocence with calumnies▪ that so good a Prince might be thought not to deserve any pitty, and much less the help of Justice against such manifest Injuries, the greatness and splendor of whose Family is such, that there is scarce any great Family in Germany, to whom he is not Allied and Related. In a word, since the discourses or Letters of this De Luis, that are spread abroad, and pretended to be intercepted, do not at all con­cern the Duke, we desire no Faith may be given to these Stories of the Danes, till they shew the Truth of them to the World, which undoubtedly they can never do.

The falsehood of these Stories and Inventions thus plainly appearing, it remains we should give the Reasons why the Duke ought in any impartial judgment to be entirely restored to all his Rights, which the Danes have so contrary to all Justice Usurped. His Highness obtain­ed three points chiefly by the Treaty of Roschild, viz. The Soveraignty or Supreme Power over the Dukedome of Sleswick, without any dependence from the King or Crown of Denmark; the Territory of Schwabstadt, and the Cathedral Church of Sleswick, with its Ecclesiastical Jurisdiction, and some other things. And because the King of Denmark had at that time entred into an unneces­sary [Page 39] War against the Swedes, not only without consult­ing the Duke of Gottorp, but contrary to his Opinion, and notwithstanding his dissuading the said King from the same, and had brought great Calamities upon the Provinces and Subjects of the Duke, by drawing the Swedes, Imperialists, Brandenburgers, Polanders and Tar­tars into them; the King of Sweden would have procu­red a proportionable satisfaction to his Father-in-Law, and his Highness might justly have admitted of it; but was contented for all the damages he had sustained, with the remission of the Vassalage of the Dukedome of Sles­wick, and the yielding up of the Soveraignty thereof to him, without demanding any thing more for his satis­faction. This occasion of the Controversies and Wars between them being cut off, and both Princes having solemnly Sworn to keep this Peace, it seemed as if none more firm and secure could have been wished for; but the Danes continually tormented since the Peace at Roschild, by the remembrance of their having yielded up this So­veraignty, have so far indulged their desire of Revenge, that they have studied nothing more than how to regain this Dukedome and its Soveraign Right, and wholly sup­plant the House of Gottorp; which is fully proved by what we have said already, and the most severe conditi­ons of Rendsbourgh, and the means used to force the Duke and his Ministers to consent to them; which being ne­cessary to be known by those that would judge aright of these Differences, we shall, before we have done, give the world some account, leaving it to their just censure.

And though the Danes have obtruded these conditions upon the Duke of Gottorp, and have extorted from him the Authentick Instrument of the Peace of Roschild; yet hereby they have done nothing but shown their own in­sincerity, [Page 40] and the dis-ingenuity of their Proceedings; and rendred themselves obliged upon many accounts to make the Duke amends for their violating of his Rights, and to restore him entirely to the same; which if they refuse to do, they deserve to be forced thereunto by all Princes who have any consideration for Faith, Justice, and Consci­ence. And this we shall endeavour thus to demonstrate.

1. VVhatsoever was given, yielded, and promised to the Duke of Gottorp, by the King and Kingdom of Den­mark, at the ending of the last War 1658, was yielded deliberately With their Will and Consent; and it was par­ticularly provided, that neither of the Parties, under what pretence soever, should ever recede from the Arti­cles agreed upon, and that they should be kept invio­lable. Neither can the Danes object here, that they did not consent to these things freely and frankly, but only as forced by the Arms of Sweden; for having freely and vo­luntarily attacked the Swedes, they were free certainly al­so to consent to what satisfaction and compensation the Swedes would insist upon; and the Swedes having justly extended what they demanded to the benefit of the House of Gottorp, which had sustained so many losses by the War, the Danes have no reason to complain of them for it; the Swedes having then a just right by the Law of Na­tions to require yet more from Denmark: And here this Rule of the Civil Law must take place, Whatsoever dam­age a man suffers through his own de [...], is to be accounted no damage.

2. Not only [...]nd the States of the Kingdome of Den [...] [...] with the Duke of Gottorp, have Sworn each of [...]eep those Articles inviolate; but the King of Great Britain, the Most Christian King, and the States of the Ʋnited-Provinces, by whose care the [Page 41] Peace of Roschild was procured, have also approved the same as Guarantees; and thence it is manifest, that who­soever of the Parties shall violate this Treaty, or refuse to be obliged by the same, doth not only offend against God and his Conscience, but also the Law of Nations, and particularly provokes the Arms of those Princes who are engaged solemnly in the Guaranty of the Treaty.

3. The Danes have consented to this Agreement twice already; first, by a general Approbation in the 22 Arti­cle of the Peace of Roschild, made the 26 of Feb. 1658, and then more specially by the Agreement made at Copen­haguen the 12 of May the same year. A little after the War between the Swedes and the Danes being renewed of a sudden, the Danes besieged Tonningen, and the Duke with all his Court residing in it, to make him re­nounce the Articles above-mentioned, and renounce his Soveraignty in the Dukedome of Sleswick. The Danes indeed complained at that time, that the Swedes had re­taken Arms against them, but whether justly or unjustly, is not our business now to dispute. For what has the Duke of Gottorp to do with it? The King of Sweden his Son-in-Law, did not give him the least notice, that he in­tended to pass into Denmark and renew the War there; neither was his Highness charged of having committed any offence against the King of Denmark. But suppose this se­cond War of the Swedes was unjust, as the Danes alledge, must therefore the Innocent and the Guilty be treated alike? what the Duke enjoyed, was as a just satisfaction, the Justice whereof he never did any thing against. Therefore when there was an end put to this War by the Peace of 1660; the Swedes indeed remitted again into the hands of the King of Denmark some things that had [Page 42] been granted them by the Treaty of Roschild. But all that had been yielded or promised to the House of Gottorp remained as before without the least diminution. The Most Christian King, the King of Great Britain, and the States General of the Ʋnited Provinces, thinking it just to leave it so; the Danes for the third time now ap­proving that Treaty, and agreeing besides with the Duke of Gottorp to pass a general Amnesty for all Injuries and other matters committed before that time, as appears by the 27 and 28 Articles of that Treaty.

4. Besides, when the Treaty of Peace was concluded between the Swedes and the Poles, with their Allies, the Emperor and Elector of Brandenbourgh at Oliva 1660, the King of Denmark and the Duke of Gottorp were not only included therein: But the Treaty between them the Swedes and the Duke made at Roschild, and renewed af­terwards 1660, was also included in it, as if it had been transcribed word for word; the Danes ratisying what the Kings of Sweden and Poland, and the Emperour and Elector of Brandenbourg, had stipulated to that pur­pose, and so now the fourth time solemnly approved the Agreements between themselves and the House of Gottorp. And to the intent that this Peace might be strictly kept by all Parties, not only the Danes and Poles, with their Confederates, promise one another a mutual Guaranty; but the King of France also entred into the same, agree­ing amongst other things, That if any Prince thought himself grieved by any other way than force of Armes, he should not Revenge it by way of Arms, but complain to the several Princes, who were Parties in this Treaty, de­siring them to procure him a present and sufficient satis­faction, Vid. Artic. 22. 26. 31. & 35. of that Treaty. [Page 43] I would fain have the Danes tell us, what Injuries the House of Gottorp has done them, either by way of Arms, or otherwise: If they cannot tell, nor prove any, the Duke of Gottorp has reason to expect to be restored to all his Rights by the Princes that have engaged their Faith in this Treaty, and that the Danes should be used as break­ers of the Peace. If the Danes will make these trivial objections, which have been already answered, pass for Injuries, and especially the League made with Sweden by the Duke of Gottorp for his own defence; I am afraid they will find few expert Ministers of their mind. It has al­ways, and ever will be lawful to make such Leagues. Nay, if the Danes will but remember their own Designs, and examine their Conscience, they must needs own them­selves the Authors, or occasion of this League. For such Principles must never be neglected, nor the Power of any ever be raised to such a greatness, (or it must not be left in any ones power to do hurt, who has a mind to do it) that after­wards you may not be in a condition to dispute your right upon equal terms. Saith Polyb. lib. 1.

5. The dissenting minds of Princes having been in all Ages happily reconciled by Marriage, and their Animo­sities thereby laid down, and sometimes totally extin­guisht; the Duke of Gottorp thought fit to use this Re­medy, and having humbly demanded, and obtained as a Pledge of sincere Friendship between both Princes, the Daughter of Frederick King of Denmark of happy Me­mory for his Wife; and several Articles being at the same time agreed upon by the King and the Duke, as well relating to the Dowry as other things, the King then a­gain ratified all that had been so many times agreed be­tween them concerning this Dukedome. So that the [Page 44] King now for the fifth time gave his consent to it in the year 1667, most freely, and without the least appearance of constraint by War or otherwise.

6. The Danes without the least provocation or new injury (all former matters being by an Amnesty in the Treaty abolished on both sides) but out of a desire of Revenge, and hope of regaining their losses, have first broken this Peace and Agreement made and concluded between the King and States of Denmark, and the House of Gottorp, so often Sworn to and approved by both, part­ly by committing Violences upon old abolish'd pretences, and which by several Conventions have been before ad­justed, and partly by doing things either directly against the tenor of the Articles, or the necessary consequences of them; for whatever is acted contrary to Friendship, breaks the Peace which subsists by nothing else; And what other men are obliged to by Friendship alone, Grot. lib. 3. c. 20. n. 27. seq. Princes are further tied to by their Promises and Treaties. And therefore we hope it will find little credit what the Danes falsly accuse the Duke of, as if he should have provoked them justly to what they have done. For those break the Peace who first commit Violences, and not those that repel them, and much less those that only endeavour to defend themselves, saith Thucydides; where­with agrees the common opinion of the Learned in the Law, who say, That to make a Defence lawful, it is not necessary to expect or receive the first blow. Therefore what is objected to Chosro [...] in Procopius, may be applyed here; Those break the Peace, who in time of Peace or League are first found to endeavour to surprize others, and not th [...]se that are first in Arms. Now, if any one will impartially consider all Transactions since the Peace of Roschild, it [Page 45] can never be made out, that the House of Gottorp has conspired against the King of Denmark, but on the con­trary, that the King hath laid snares for the Duke from time to time, and at last surpriz'd him at Rendsbourgh, as hath been before said.

7. If we consider well the means taken by the Danes to gratifie their desire of Revenge, though they have co­vered their intentions with many fair words, we shall find them very false and unjust. For the Duke of Got­torp and his Ministers having been drawn to Rendsbourgh upon the hopes given, and so many times confirmed of a fair composure of things, and several protestations of friendship and kindness, were presently after shut up, and detained in Prison, where they were forced to most unjust conditions: there was quite another thing intend­ed than what was acted; and any man may easily see by what trick they were betrayed and trepanned. Therefore, whatever was concluded there, is void in Law; and the Danes have done nothing, either in forcing the House of Gottorp to agree to these unjust conditions, or extorting fit and just ones from it. Neither have they hereby confirm­ed their old Right, nor got a new one. They have only taken Papers and Parchments from the Duke, but not the Right they lookt for; and in truth there has been only a Play Acted at Rendsbourgh, but it was a Tragedy. For if we weigh this by the Law of Nations, which is chiefly of Force between free Princes and People, the Convention at Rendsbourgh is absolutely null and void; nothing being more contrary to Faith and Justice than such tricks as these, and Princes being more strictly bound not to de­part from it than any private person; especially since the Articles with the House of Gottorp of 1658, were agreed [Page 46] upon, and signed with such Ceremony, and in such man­ner, as equal them to an Oath; and that by them, not the King, but the injur'd Duke is to be entirely restored. It was a saying of the Antients, That amongst good men all proceedings ought to be sincere. Now Princes ought not only to be counted good, but the best of men; and the more punctual and sincere they are in their Treaties with others, the greater will their Reputation be.

8. This Transaction was likewise no small breach of the Law of Nations. The King had desired the Duke, after they had Feasted together friendly and kindly at Dennewerk, to come and see him at Rendsbourgh, and the Chancellor of the Kingdom having repeated this de­sire of the Kings, the Duke sent word he would do him­self the Honour to come and wait upon his Majesty. His Highness was received with the shooting of Guns, and all other demonstrations of kindness and respect, that he might believe himself welcome. But when he was de­tained a Prisoner, with Guards to watch him, and that those who ought to have been used like Guests and well entertained, were not permitted to go away, nay, not so much as to stir out, the Law of Nations was eminently broken, and sufficient occasion given for Reparation. Many wonder that the Duke would trust his Person and his Ministers with the King, and that in a very strong Town. But they will cease wondering when they know all the repeated protestations of true Friendship made by the King and his Ministers, so that the Duke, who has a generous and great Soul, was afraid to be thought mi­strustful, or give a suspition of it, esteeming with Livy, that to trust was the way to be trusted. Thus of old pe­rish'd Dio, who knowing that Calippus had laid ambu­shes [Page 47] for him, was ashamed to use precaution against a Friend, and one whose Guest he then was, saith Plutarch.

9. And here we must not omit the Violences used to­wards the Duke of Gottorp and his Ministers, and the Troubles they were put to. If a man puts another in Pri­son or Custody to extort from him, all what is done by it is null, say the Civilians, Vid. Paulus I^ctus. Lib. 22. ff. quod met. caus. gest. Nay, he that shuts any one in his house to get a Promise or Obligation from him, does force him to it. V. L. 1. Sent. Tit. 7. Sect. 8. Therefore in the Com­monwealth of Rome, by the Julian Law, he was guilty of publick Violence, who had shut up a man with an ill design, re­strained him, or got an Obligation from him by force; the Law declaring all such void. l. 5. pr. ff. ad. l. Jul. de vi publicâ. As force imposes a necessity upon the mind, and is commonly accompanied with fear, because of the im­minent danger that unsetles the Soul, lib. 1. quod met. caus. So the Duke of Gottorp, a Friend, a near Relation, a Guest, a Brother, &c. being come to visit his Friend, Relation, Brother, &c. endured not only many hard vio­lent injuries and unjust things, as well as all his Servants, but was terrified daily with new threats and apprehen­sions of great Evils, by which his Mind and his Body were brought so low, that his grief cast him into a dan­gerous distemper. Some of the Danes have endeavoured to conceal the disguise, nay, deny too what passed at Rendsbourgh, and perhaps are yet unwilling to confess the truth; not because they can stiffle what hath been done in the view of so many people, then at Rendsbourgh, but to suppress all they could the remembrance of this Infa­mous Story. For we do not doubt but that there are many good men among the Danes, who abhor the Coun­sel [Page 48] of that man, who was then the great man with the King, and never kept within bounds.

But however the Danes may be thought of by impartial judges of these things for his inexcusable proceeding, they can neither reap any advantage thereby, nor cause any damage to the House of Gottorp, or render its condi­tion worse. For though by the Principles of Philosophy, whosoever has promised any thing by force or fear, seems to be bound to it in strictness of Law: Yet since the Ancients have been of opinion, that summum jus is some­times injurious, and that the Law of Nature abhors an unjust force or constraint; no Prince ought to be bound by this summum jus, when accompanied with force, but rather restored to what has been forced from him, which the following words of Grotius explain and confirm. I am wholly of the opinion of those, who believe, that laying aside the Civil Law, (by which the Obligation may be taken away or diminisht) whosoever has promised a thing through fear, is bound, because he has given his absolute consent, and not a con­ditional one, as in the case of one that mistakes. For as Aristotle says very well, he that throws his goods into the Sea for fear of Shipwrack, would willingly save them conditionally, viz. if the danger was not imminent; but he is absolutely content to lose them, considering the circumstance of time and place. But I esteem this most true, if the man to whom the Promise is made, has terrifyed [...]he other not justly, but unjustly, though but a little, and upon this has got a Promise, he to whom the promise was made, is bound to release him from it, if the other desires it; not becaus [...] the Promise is of no force, but for the injury done. L. 2. de Jure B. & P. c. 11. n. 7. He explains these last words thus in another place; He that has by cunning, force, or unjust fear, obtained from another a Contract or Promise, [Page 49] is bound to release the Person of his said Contract; for he had a right neither to be deceived, nor to be forced; the first by the nature of Contracts, the other by the Liberty of Nature. Lib. 2. de Jure B. & P. c. 17. n. 17. And he repeats the same, lib. 3. c. 19. n. 4. 10. The King of Denmark can so much the less deny this right of Restitution to the House of Gottorp, because he himself would have challenged the same right when it was his own case▪ For his Majesty having extorted from the Duke, by meer force, all he thought fit, his Highness was reproached, that he had gotten these things before by force, and the Arms of an Enemy, and had given just cause consequently to the King to repossess himself the same way; It will then be very just, that the King suffer the Duke to make use of the same Law against his Majesty, which he would have used against his Highness, since this is a Rule of the Law of Nature, which obliges all Princes without distinction. I say the King would have made use of this Law against the Duke, that having been forced to the Treaty in question, he ought to have been restored unto his Rights again. But in this the Danes are very much mistaken, that they do not distinguish by what kind of force or fear one is constrained, whether just or unjust; and have gone about foolishly to perswade themselves and others, that the King had recovered the Soveraignty of the Dukedom of Sles­wick, the same way he had lost it. For as Justice offers Restitution with both hands to a man, forced unjustly to a promise or grant; so it denies it flatly to one justly for­ced. Therefore when any one has himself been the cause of his being compelled to promise o [...] give, he cannot re­cover it the same way, having lost his right of Restitu­tion, by giving a just cause to the other, who has [Page 50] justly employed a just force. Grot. lib. 2. c. 17. n. 19.

11. This Restitution due upon so many accounts, ought not to be denied, because of the great Evils and dangerous Errours which may spring from such a denial. For if we take the Treaty of Rendsbourgh into serious con­sideration, we shall find the Duke of Gottorp deprived of all his Royalties, and the King alone invested with them, and all submitted to his Pleasure. For the King alone having undertaken the defence of both Dukedoms, de­clared all the Dukes Treaties null, deprived him of his Souldiers, demolisht his Towns and Forts, detained him against his will in Custody, raised such great Taxes up­on his Lands, that his Highness and his Subjects have nothing remaining; whence it is manifest that the Right of Peace and War, and the other great Royalties, are ta­ken away from the Duke by this Treaty, or at least so much incroached upon, that all the Authority which he might of right, and has hitherto, after the Example of his Ancestors, enjoyed and exercised, is now in the King alone, and at his dispose, under whose power and pleasure his Highness must hereafter live, under the Notion of a Client or Vassal, but really as a Subject. So heretofore the Latins complained, That under the colour of a League with the Romans they lived in Slavery; and the Achaians, that their League was now become a precarious Slavery; and, as Tacitus speaks, A miserable Slavery was now falsly called Peace. And though Proculus be of opinion, that free Tenants are not under the Dominion or Subjection of the Patron, yet when a Prince or People come under the Protection of a Superiour Prince or People, we know by experience that a fall is easie in slippery ground, and that the Tenantship is soon changed into a soft Slavery, which [Page 51] the Duke of Gottorp has the more reason to fear and avoid; For that the King of Denmarks Power reaching from the further part of Norway, as far as Holland, is very great, and that under the pretence of the Union at the Treaty of Rendsbourgh, vainly called by the Name of Pragmatick Sanction, an occasion may be taken to oppress or suppress the Authority and Dignity of the House of Gottorp. Who ever saw a Soveraign Prince without Royalties? Who can shew a Duke of Sleswick thus wholly divested of his high Prerogatives? If the Dukes of Sleswick are to be invested hereafter by giving them a Banner, and with the Ceremony observed at Ottenwaldt in 1580, will not that be a Proclaiming of them Subjects with the greater Pomp only, and telling the world by this Investiture, how proud they are of this Subjection? If the Dukes of Got­torp were cast into this condition or abandoned in it, and on the contrary, the Kings of Denmark might govern at their Pleasure the Dukedomes of Sleswick and Holstein, and that part of them also which belongeth to the Duke, what an augmentation of Power would that be to them, and how might they abuse it if ever they would make use of it against Germany, and especially the Circle of the Lower-Saxony? This may be made out by an exact account of the vast sums of mony, and all other things they have extorted in a little time from those Provinces; it is hard­ly credible how great the sums are. And we know well enough what an ambitious Example they have shown, and there is no question but opportunity and power will invite others to follow them. Therefore Prudence re­quires rather that the Duke of Gottorp should be in time restored to his former condition, and all his Rights, than that so many Princes, Provinces, and Towns, be destroy­ed [Page 52] by his Ruin, which will be easily prevented, if the injury now done to his Highness be looked upon by every one of them as done to themselves.

But suppose we should grant that the Duke of Gottorp has effectually bound himself by the conditions of Rendsbourg to a Vassalage for the Dukedom of Sleswick, (which suppo­sition we yet constantly deny as false;) yet the delay of demanding the Investiture cannot be imputed to the Duke, but to the King alone: for who does not know that the Strong-holds of Tonningen and Holme are seated in the Dukedom of Sleswick? And the King without re­gard to his Word, having razed them both, taken away the Garrisons and all the Artillery, kept the Duke be­sieged in his Castle of Gottorp; and all this relating to the Dukedome of Sleswick, hath not the Duke justly de­manded, that all these Grievances be first redressed, and satisfaction be made to him for them? If he had done otherwise, and blindly asked the Investiture, trusting himself to the Kings pleasure, there had never been any notice taken of the old and new Grievances, and his Highness had rashly submitted himself to a Vassalage, that had deprived him and his Posterity of all his Royal­ties, and exposed them to the eternal Scorn of the world. Besides, since it was suggested to the Dukes Ambassadors sent to Copenhaguen about the Fief and Grievances, that they would do well to return to his Highness for new In­structions about the Fief, without expecting any Orders from him; the King had certainly no cause given him for Sequestrations, and those other acts of Hostility com­mitted by his Order in the Dukedom of Sleswick. And so we must not yield that the King, by doing Acts by which the Lord of a Fief uses to lose his Right, should take [Page 53] away anothers Right; and not only gain by the Ruin of the other, but even by what ought to turn to his own loss, contrary to the Laws of Nature; Nations, Feudal, and all others whatsoever. Eric Duke of Sleswick, having left after his Death his Son Waldemar a Child, Christopher the Second King of Denmark, possessed himself of that Guardian-ship of Waldemar, and at the same time of the whole Territory of Sleswick, except Gottorp, which when he also besieged to gain the whole Dutchy, Gerhard Earl of Holstein, Unkle to Waldemar, with some others, oppos'd him stoutly, and for this Felony committed by the King in 1326, there was great Debate, which Meursius thus re­lates; The Dukedom of Sleswick having been held till then as a Fief from Denmark, and these Princes by reason of this Ʋsurpation of the Kings, being unwilling it should continue so hereafter, was the occasion of a long Contention, lib. 4. p. 70, which ended, as we have said before. If this demand in the Name of Waldemar was not unreasonable, with how much more Justice doth our Duke desire that he might have his own, and a full Restitution from the King of what he detains from him so unjustly, and has Sequestrated by meer force; and God Almighty having ordered Restitu­tion to be made where Covenants are broken, it is but just that his Vice-gerents upon Earth should endeavour to put his Decrees in Execution.

13. If we look upon his Sequestration rightly, and examine it by the Rules of Justice, we shall find it wholly void by Law. For it was neither done by any Conven­tion of the Parties, nor by any Judicial Authority. The Danes, I presume, will confess the former, and the other we do not question but to make them also agree to. The King of Denmark having made himself Plaintiff against [Page 54] the Duke of Gottorp, in the business of the Dukedome of Sleswick, his Majesty cannot be a Judge in the same cause: Which is explained by several Civilians, Ad. Tit. Cod. Nequis in suâ causâ judicet vel jus sibi dicat; that is to say, Let no man be Judge in his own Case, or do himself justice. And this must not be understood, as if the Positive Ro­man Law only (by which the Danes are not bound) did prohibite any one to be Judge in his own cause, for the Law of Nature dictates the same, and right reason which obliges all the world, proclaims it. Men blinded by their affections do not see the truth in their own affairs, saith Ari­stotle. And for this reason the Kings of Denmark them­selves consented heretofore, that all Disputes about this Fief should be determined by Impartial Judges, accor­ding to the contents of the Treaty of Union, and that both parties should abstain from hasty Sequestrations, Ord. jud. prov. part. 3. tit. 3. A judicial Sequestration being thus prohibited, because it is a kind of Execution wherewith a State ought not to begin; This Sequestra­tion of the Dukedome of Sleswick cannot certainly be de­fended by any Law, nor by any Judicial Authority, nor by a previous cognizance of the cause, upon which a just Sentence had followed, but only by the way of violence and absolute force; by which the Duke of Gottorp has been thrown out of a certain Possession and all his Re­venues, and an usurped Possession transfer'd by pure Fact upon the Sequestrator, against the nature of all Judicial Sequestrations, which are made use of only for the bet­ter keeping of things: so that this pretended Sequestra­tion is really a violent spoil committed by the King (sup­ported with more than one Army) upon the Duke naked and disarmed: Now it is the Opinion of all wise men, [Page 55] that a person who has been spoiled, ought first of all to be restored.

14. And this Restitution is so much the more earnestly to be pressed, as this Sequestration may be dangerous both in Temporals and Spirituals. For the King having suffered himself to be perswaded, that he could absolve the common people, Priests, and Magistrates, Subjects to the Duke in the Dukedome of Sleswick, from the Alle­giance they have sworn to their Prince, he has caused sometimes one, and sometimes another to be carried away by Souldiers from their habitations, and from their Sacred and Civil Functions, and some to Rend [...]bourgh (where this whole Tragedy was begun, and where they have been put in Prison, at least detained for some time.) Those of the Dukes Officers and Subjects, that have seen and understood all that hath passed between the King and the Duke, must needs know, that his Majesty has indeed a great Power over his Subjects, but none over those of other Princes; at least not such a one as can free them from their Oath to God, and Allegiance to his Highness; especially whilst the matter in difference is not onely doubtful, but before no Judicial Court, much less de­termined. Nay, they know that they are bound to suf­fer rather the greatest Miseries, and the loss of their whole Fortunes, than to act against their own Consciences and Oaths, or do any thing to the prejudice of their Prince, lest they should provoke the Anger of God, and the Dukes just Revenge; no obedience being due to any body, that gives sentence out of his own Territory, where he has no Jurisdiction. L. Vel. ff. de Jurisd. And if others frighted with the noise of an Army, or the fear of great­er Evils, renounce their Allegiance, let them consider how [Page 56] they ensnare their Consciences, if not expose themselves to the punishments for Perjury and Perfidiousness. To prevent which, let a full and quick Restitution take away this illegal Sequestration.

15. The King caused this Sequestration of the Duke­dome of Sleswick to be Proclaimed with a Threatning of Deprivation. It is apparent from what has been said, that this Sequestration is such, executed with that Rigour, as if the Duke was actually deprived and devested of the Dukedome of Sleswick; though this Deprivation be as unjust and violent as the Sequestration. How can the Authors of such Counsels be sufficiently wondred at, by those that remember, that a Fief is a Contract obliging both Parties, and that the Obligation between the Lord and his Vassal is as reciprocal, as that between Husband and Wife, saith Cujacius. Therefore, as a Vassal promises to his Lord upon Oath to perform truly, safely, securely, honestly, well, &c. so also doth the Lord to the Vassal, and is oblig'd to fulfil it; if he doth the contrary, he is declared of no Faith, Perjur'd and Perfidious by the Feudal Longobardick Law, 2 Feud. 6. Thence it is that all Felony which deprives a Vassal of a Fief, d [...]prives the Lord also of the Propriety thereof, if committed by him, and confers it upon the Vassal; most especially if the Lord spoils him, that holds a Fief from him, of his Forts, wherein he may keep himself se­cure much more: if the Lord demolishes and destroys them to the ground; If he uses the Vassal and his Sub­jects ill, charges them with Imposts and Taxes, and Pil­lages them; if he lays Siege to the Vassals Castle, or o­ther his place of habitation: If the Lord bereaves him of the Fief by his own Authority, without cognizance of [Page 57] the cause, and judgment thereupon; or if judging the cause himself, he alienates the same: For though the Lord accuse his Vassal of having done some act deserving De­privation, yet he is not to be absolutely believed, though he be a Supreme Prince, saith Vult [...]j [...]s lib. 1. c. 11. n. 55. In a word, to repeat the proper Terms of the Law, If the Lord enters into the Fief by a bad way, that is to say, as Baron Schenkius explains it, ad lib. 2. F [...]ud. Tit. 22. sed. Si vero Vassallus. If he breaks i [...]o Possession not by the way of the Law or Justice, but by Violence. For in such a case, if he refuses wholly to restore the Fief, and what belongs to it, he may be forced to it by the way of Arms. And there­fore, if the Lord and Vassals are to be judged in the same manner, according to the opinion of all Feudists; certain­ly the King of Denmark hath lost all his Right long be­fore, if he had any, in that part of the Dukedom of Sles­wick which belongs to the Duke of Gottorp, and the Duke ought to be Restored against the King, according to all Laws.

16. For the Duke of Gottorp having received this Dukedome with the greatest Right, and in the most ab­solute manner, free from all Vassalage, and obtain'd and kept at a very chargable rate the Soveraign Dominion thereof by the so often repeated consent of the King and States of Denmark; the unjust Convention at Rendsbourgh cannot savour the King of Denmark's cause in this, nor take away the least part of the Dukes Soveraign Power in the Dukedome of Sleswick. This forced Agreement his Majesty himself having not a little receded from, and first broken, by demolishing the strong Towns, in which, by this very Agreement, he was only to put a Garrison for a while, and then to restore them: carrying away the [Page 58] Dukes Ministers Prisoners, who had already bound them­selves to the King by the Allegiance he required from them; reducing the Dukes Subjects to the last extremi­ties, though his Majesty had promised before, that not a Hen should be touched, and other like things; by which things his Majesty seems not to desire the said Treaty should remain in force.

17. Lastly, an entire Restitution being the common refuge of Princes and Commonwealths, to which they have recourse in their Afflictions, the Duke of Sleswick cannot be excluded from this Priviledge of all Mankind. For though in the Commonwealth of Rome, Restitution was to be demanded from the Pretor within a certain time; this and the like are only Pleas of the Civil Law. Resti­tution absolutely considered, is grounded upon the Prin­ciples of Equity, which takes its Original from the purest Springs of the Law of Nature; and is so much the fitter for injured Princes and free Nations, as it is more impor­tant to provide for the safety of Commonwealths than of private men. For why should not a Prince, as well or ra­ther than a private Person, be restored unto all his Rights, if he has been deceiv'd or injur'd by fraud; force, unjust fear, or the like? Certainly there is no reason against it, Equity requires this remedy for both. Neither is it limi­ted to these alone, but it is applicable as often as there is any cause of Restitution. L. [...]. ff. de restit. in integ. Natural Equity it self requires, that a man deceived in any thing, where others ought to have proceeded with sincerity, be fully restored, especially since by such deceits whatever is done, is anaulled, saith a great Lawyer.

Now, who must restore the Duke unto all his Rights? What hath been said before doth furnish us with an an­swer. [Page 59] The King of Denmark, who has unjustly injur'd the Duke, is beyond all others obliged to do it in the Court of Equity and Conscience, which demands as ready an obedience, as the King himself doth from his Subjects. For those that do an ill act knowingly, or are in­strumental to it, are to be put in the number of those that can­not go to Heaven without Repentance. And true Repentance requires absolutely, if there be time and power, that he that has done the Injury make satisfaction for it, Grot. lib. 3. de J. B. & P. c. 10. n. 3. & 4. From whence it appears too, that the King ought not only to restore what he hath extorted from the Duke at Rendsbourgh and afterwards, but make good also those damages his Highness and his Subjects have suffered by the War, and the occasion of it. What if the King of Denmark, for reason of State, excepting against this Court, refuses to restore the Duke? First, I say, that the great God is Judge, and the truth of his word will not so easily wear away as the Danish Coyn upon which it is stamped. Besides, the King there­by would give the Duke just reason to endeavour to right himself. If an unj [...]st fear caused by another, has forced any one to make a Promise, he that hath promised may demand Restitution, and, if denyed, may take it himself, Grot. lib. 3. de J. B. & P. c. 23. n. 2. When any one demands satisfacti­on from his Fellow-Subject, the Authority of the Magi­strate must be employed as Superiour, to force the Infe­riours. And so in the Commonwealth of Rome, the Pretor having heard the cause, was wont to order Resti­tution. But when a Prince must be restored against ano­ther Prince, that is Soveraign as well as he, and his Equal, the injur'd Prince, or any for him, may perform the Office of Pretor, use all means to procure a full and [Page 60] ample Reparation of his damages. If the Duke of Got­torp is not strong enough to do it himself, all Christian Princes and Commonwealths must make this cause theirs, and employ all their Power to restore him; For Wars may be undertook not only for Friends and Allies, but for men, as such, if they are barbarously injured. Grot. lib. 3. de I. B. & P. c. 25. n. 1. & seq. And who is more injur'd than he, who by a Cousin of the same Family, his near Ally, and Brother, against his Faith so many times sworn, is so ill used, as to be deprived of all his Authority and Dignity? Therefore since other Princes are not a little concerned, when the condition of any Prince is brought so low, con­trary to all Justice, and when perhaps his entire ruin is endeavoured, especially if these base Counsels proceed from Ministers, who in their actions and speeches, have no regard to the great Asserter of Faith, and consequent­ly less to Faith it self, the foundation of Justice, and the tie of all human Societies; all Princes and States ought first of all to take care, that Faith be kept inviolable, and Treaties and Contracts between them be not violated, lest this tie of Friendship and Society being broke, the world should fall into confusion by their c [...]nnivence before the time decreed by Divine Providence.

And those Princes and States are chiefly obliged to take care of this Restitution, who have guaranted the Trea­ties between the King of Denmark and the House of Got­torp, and have signed the Instruments of Peace between Sweden and Germany, and that of Roschild and Oliva, engaging for the performance of them in such terms and expressions, that if they were meant, as they are set down, (which is not at all to be doubted,) no man but will be­lieve they intend to perform their Promises. And to [Page 61] induce them thereunto without any delay, let the great danger of this example, and the greatness of the Injuries be considered; and that it is also the earnest request of the Duke of Gottorp, who is every day more and more oppressed with new Injuries.

And since amongst these Princes that are Securities, the good will of the most Serene and Potent King of Great Britain, towards the House of Gottorp, appears above the rest, his Majesty having not only engaged himself with other Princes and States, for the preserva­tion of the Peace at Roschild, and the Treaty of Copen­haguen, made between the King of Denmark and the House of Gottorp, soon after that at Roschild; but hav­ing also passed his word and Guaranty for the Soveraignty yielded by the King and Kingdom of Denmark to the House of Gottorp; and most especially his Majesty being now the Mediator of all publick Differences: Give us leave, most Potent King, to let all the World know this great affection of your Majestie's towards the House of Gottorp, and to put you in mind of your special Engage­ment to our Duke for the Soveraignty of Sleswick; which you can as easily make good, as you were pleased to en­gage for it; that you may be known for as great a Defen­der of the Civil as of the Christian Faith; and in judg­ing the Differences between the King of Denmark and the House of Gottorp, or disposing all things to a Peace, make use of that Equity and Moderation, which may prove a Remedy to the Injur'd, a Defence to the Oppressed, and a Reward of Eternal Glory to your Majesty and the Noble People of England.

THE ARTICLES Of the TREATY at Rendsbourgh.

KNow all Men to whom these Presents shall come, That whereas, for the common Security and Safe­ty, several Treaties of Union and Conjunction have been heretofore made between the Kingdom of Den­mark and the Dukedoms of Sleswick and Holstein, which have been renewed, augmented, and changed, accord­ing to the Exigence of times; and that the most Serene and Potent Prince and Lord Christian the V. King of Denmark and Norway, Goths and Vandals, Duke of Sles­wick and Holstein, Stormar and Dithmars, Earl of Olden­bourgh and Delmenhorst, and the most Reverend and Serene Prince and Lord, the Lord Christian Albert, Heir of Nor­way, Coadjutor of the Bishoprick of Lubeck, Duke of Sles­wick and Holstein, Stormar and Dithmars, Earl of Olden­bourgh and Delmenhorst, judging it very necessary in these dangerous and troublesome times, that such Treaties of Union be renewed after the Example of their Ancestors, and be accommodated to the present condition and State of their Kingdoms and Dominions: And his said Maje­sty having appointed on his part [Here the Names of [Page 63] the Kings Commissioners were inserted] and the said Duke on his part [Here the Names of the Dukes Com­missioners were inserted] and the said Commissioners, having accordingly met together, have agreed upon the following Articles.