AN ANSWER TO TWO Danish Papers: The One called, Ius Feciale armatae Daniae; The Other, A Manifest.
THe Danes have not thought it sufficient to provoke the most Serene and Puissant Prince, Charles Gustaf, King of the Swedes, Gothes, and Vandals, assaulting him and his Kingdome of Sweden by the Sword; but they have proceeded more fiercely with the Pen and the Tongue, the usual weapons of unmanly spirits. Two venemous Papers of theirs are come abroad, which, if the sacred persons of Kings were not concerned in them, might justly pass for defamatory invectives and notorious Libells. One whereof appears under the name of Ius Feciale armatae Daniae, (or, the legal proceeding of Denmark in taking arms, and proclaming war, &c.) the other [Page 2]of A Manifest. But before those men that will judge impartially without the biass of affection or hatred, they can no otherwise justifie the titles they bear, than that the first should be so called by way of contrariety, as the Antients were thought to term war Bellum, quasi minime bellum; the later, from the effect, because indeed it both evidently manifest the Danish injustice. The very form of that writing bewrayes a palpable injury in setting forth the grounds of this war, while it turns those things into captious sophistry, and malicious accusation, which were done heretofore in the reign of another Prince, which for the greatest part of them, are cancelled by Acts of Oblivion; which belong to other nations, and have no relation to the Kingdome of Denmark; which are too inconsiderable to be prosecuted by a war; lastly, which might easily be reconciled by a composition, both offered, and actually treated upon.
There is therfore little reason to fear, that those Pamphlets should gain any credit and favorable opinion amongst judicious and equitable persons; and as little need of a studied and tedious confutation. Onely lest the Danes should flatter themselves, and take our silence for a confession of guilt, or lest any doubt should remain in the hearts of those that are not conversant in the affairs of the world: for clearing up the truth of such things as are injuriously questioned, it will be sufficient to make a bare Narrative out of publick Acts and Records.
It is fresh in the memory of all the world, in what posture the Danish affairs stood 1644. and the year following. When by justice, and the prosperous success of Armes, the most Serene Queen and Kingdom of Sweden had possession of the principal places in Denmark, and were propitiously invited by the conduct of War and good fortune to conquer more; yet they hearkned rather to Peace, than to the allurements of Victory. For out of a desire to settle tranquillity in the Northern Kingdomes, a few places onely being retained, but the most part of their Territories and strong Towns restored, the Swedes not improving the opportunity of bringing the Danes into a more strait bond of conformity, while the [Page 3]chance of War turned alwaies to their loss, did notwithstanding their own victorious progresses, the very next year conclude a Pacification at Bremsbro upon equal terms, and made the Articles of the Agreement much easier for them than the state of affairs deserved, or the occasion required: That thereby the World might be satisfyed, how much they desired a firm alliance, and the Danes bound to observe the same more inviolably for the time to come, upon the account of an extraordinary obligation. But this confidence deceived us; forasmuch as after the Covenants were mutually signed, within few weeks space the Counsel of Denmark, seeing their strong Holds surrendred into their hands upon the Treaty, began to consider and east about how they might repair their forces, and raise a new War against Sweden. It is known from very good hands, that the late King was hatching upon those thoughts unto his last breath; and that he that reigns at present endeavoured to revive the same resolutions, setting up a Title from his pretended claim upon the Arch-bishoprick of Bremen and Bishoprick of Verden, keeping together some forces a good while (though against the will of the States) to effect his intent by violence, So that nothing stood then in the way to stop such a proceeding, but the more prevalent love of peace, the fidelity and prudence of the States of Denmark, and of some of the Counsellours at Court. The most important settlement of controversies between the two Kingdomes concerning the freedom and immunity of Swedish Ships and Merchandise in the Sound, being more expresly concluded in the forementioned peace, while they were yet ashamed to break out into open violation, was notwithstanding so baffled and circumvented, that under borrowed colours and pretenses the Swedish Navigation, Merchants, and Seamen were brought under sundry troubles and injurious sufferings. Which that they might carry the fairer shew, and they provide themselves with aid and support to carry on their designs, it was conceived to be for the Danish Interest, to sow all seeds, and take all occasions to blow the coal of differences betwixt the Crown of Sweden [Page 4]and its Allies, the most Mighty Lords the States of the United Netherlands: Nor was any thing omitted, that might contribute thereunto. Therefore the first year after the Peace concluded, King Christian the fourth began, and Frederick the third continued to negotiate a Contract with the said Lords States about farming the Customes in the Sound; as also for making a League offensive and defensive, particularly against the Swedes. But though by reason of the antient Confederacy, and the great advantages they lately received therby, he fell short of his intention as to the point of offense; yet he prevailed so far, as the customs being once agreed for, several insolencies contrary to Covenants and ordinary proceedings, & those very burdens, from which these modern treaties had recovered the antient imunity, being again practised on the Swedes upon the account of a defensive league made, gave the Danes encouragement to pursue their designs. We shall hereafter set down both the ill consequences of this Negotiation, and the Acts relating thereunto. But at last things came to that pass, that when the King of Denmark had drawn upon himself a great share of the dangers growing out of the late war between the most Serene Common-wealth of England and the States of Holland, by Ambassadours sent to the most Serene Queen in the year 1653. actions were excused, a levelling of accounts was offered, and satisfaction promised for all wrongs that should be made to appear. For their consciences made them fear, that the Swedes might as well have he will and resentment, as they had given the cause and occasion, to revenge the infringing of Covenants. And when it was made evident, how much injury had been done, and how fair and just an opportunity there was to assert and vindicate the observation of agreements by other wayes, yet the love of peace and amity prevailed in Sweden, even to the laying aside both the prosecution of their right, and the use of their power. In this condition things remained till the time that the Queen resigned the Crown of the Kingdome of Sweden; nor did the Danes pretend any thing to the contrary.
Ever since his sacred Majestie took the government upon him, he hath been desirous not onely to preserve and maintain all compacts and peaceable intelligence between he Northern Kingdoms, free from any manner of injustice and innovation; but particularly to cement and assure all mutuall offices of consanguinity, friendship, and neighbourhood with the King of Denmark. When in the beginning of his reign in evitable necessity forced him to take armes for the defense of his kingdoms right, liberty, and security, against the close and treacherous designes of the Polanders, discovering amongst the rest the dangers like to ensue upon the Baltick sea by their intention to introduce a forrein Fleet; he opened these things to the King of Denmark out of the singular confidence and integrity of a kinsman and neighbour, both signifying his intention and the causes of war against the Polanders, as also offering by word and writing of his Resident in that Court such things as he conceived might conduce to prevent the prejudice of both Kingdoms, especially a hearty conjunction of minds and counsels.No. 1. Moreover when his Majesty was preparing to depart out of his Kingdome in order to the war in Poland, the King of Denmark making remonstrance of some things by his publick Minister, about shewing Certificates in the Sound, as disagreeable to Covenants, and therefore desiring redress; all kind of satisfaction was granted to him freely and without delay. Then besides a Proclamation published, whereby his Majesties Subjects sailing through the said Sound were forbidden under great penalties to doe any thing contrary to agreements, he likewise commanded his Resident in the Danish Court, that upon conference with the Ministers of State there he should examine whether any offense were committed; and what appeared, should be rectified by re-inforcing a strict observance upon the inhabitants of his Swedish Dominions; but what required further search and disquisition, should be referred to his Majesties cognisance, to remedy whatsoever should be found amisse: With the later [Page 6]part of this determination the King of Denmark was content; and for the former, he took it kindly, as a testimony of faithfull and friendly neighbourhood, disapproving nothing of his Majesties intentions, wishing happy success to the war he undertook, and largely profering all good offices worthy of a friend and neighbour, as appears in his answer dated at Copenhagen, Iune the 21. 1655.No. 2.
Hereupon there followed a confident and free communication between the Ministers of both Kings touching those things that were for the interest and advantage of both Kingdomes. And when that which the Swedish Agent demonstrated to be more conducible, was readily embraced by the Danes, judging it necessary to enter into a mutuall league for the defense of the Baltick sea, that Declaration was no sooner made, but the Swedes on their part immediately contributed their best endeavours thereunto; the Resident Magnus Durer or one side, and the Commissioners on the other, treating a confederation of minds and assistances to the end aforesaid. Which things, as it was agreed, were to be wrought and prepared by these men, but afterwards to be accomplished (according to the method and tenor of Covenants) upon the borders of both Kingdomes by other persons deputed and chosen out of the principall Senators of the Kingdome. Amongst these mutuall exchanges of good will and affection (as it seemed to be) nothing was further urged or spoken of grievances, or of those things, which how-ever they are too old to be remembred, are now taken up for a fresh pretense. The matter in question, after the express forms thereof had been drawn up, and severall times debated by the Commissioners on both sides, was brought to that period, that in the beginning of the year 1656. the League was looked upon as a thing resolved and concluded, because nothing remained that could check or hinder it. But then the Danes began first of all to desire, that the States of the United Netherlands might be comprehended in the Treaty; nor did the other side refuse it: onely [Page 7]the manner of including them was disputed, whether it should be done in generall terms, as was usuall in such agreements, or under some speciall condition to be entered into by them. Hence the Danes laid hold of an occasion to demurre, making asemblance indeed of a desire to dispatch speedily, but purposing to retard the Swedish Residents earnest solicitation; to which end it was intimated by the Rix-hofemaster (or Lord high Steward) and the Chancellor of Denmark, that their King was resolved to prosecute and finish that negotiation by his own Resident whom he intended to send to the Swedish Court. hereof as there appeared no certain or pressing reason, so the delay rendered it suspicious; and the more, because the Danish Resident coming to the King in Prussia, mentioned nothing at all of it; and afterwards being demanded by Commissioners in the Kings name, whether he had any thing to say upon that subject, he pretended a want of power may almost an ignorance of what had past, and that he would make report of those things to his King. In the mean time it was understood by proofs of unquestionable credit that all this was carried on by dissimulation onely, but that other things were secretly under contrivance to the hatred, prejudice, and surprize of the King and Kingdome of Sweden. Sinister reflections upon the Treaty were scattered abroad both to his Highness the Lord Protector of England, and to the Lords States of the Vnited Netherlands, as if it tended to the destruction of trade: and suggestions were instilled into them, as if something was intended by these agreements that would be prejudiciall to their respective States and Dominions. In Muscovia they went yet further, and spurred on that hostile invasion of Liefland which they had procured, and framed a pernicious association against the Kingdome of Sweden. In Poland they held forth the hopes of favour and assistance against his sacred Majesty; and more violently inflamed the refractory dispositions of the Dantzackers. In Austria there was jugling to plot those things which are now brought to light by open and declared effect. By all which it appears, that all [Page 8]the designes and thoughts of the Danes were at a great distance from the true intent of the Treaties. Yet was it impossible so to conceal them, but that some glimpses thereof appeared through the crannies of their hearts. The first stroke (as I may say) was against our proceedings before Dantzick, which were justifiable by the Law of War; at which time the Danish Counsell, under a pretense to procure freedome of Trade with that City (which yet was never interrupted, but had been fully restored by the agreements concluded with the Holland Ambassadors) sent letters of the 15. of Iuly, 1656. to the Counsell of the Kingdome of Sweden, full of unkindnesse and threats, and smelling rank of a war suddenly intended; as that kind of stile is usually the fore-runner of blows. Nor had they held their hands at that time, if it had not been for the bad successe in Liefland, after the Muscovites were disappointed of their hopes in the siege of Riga, and for the misfortunes of the Polanders after the victory obtained against them at Warsovia; as also for the agreements concluded with the States of Holland, and the commerce of Dantzick included therein. These crosse accidents made them think this conjuncture unseasonable, and took away the pretense whereupon they were necessitated to expect a more favourable opportunity, and go on by Treaties lying in wait for fitter times and occasions; and yet not absolutely forbearing those machinations, which they imagined would be to the prejudice of the King and Kingdomes of Sweden, but did not perceive that they were as much to their own. Amongst other things, he not onely suffered and assisted the Holland Fleet to pass through his Sound, and to usurp some Royalties belonging to the Dominion of the Sea, contrary to the liberty of the Baltick, hitherto preserved entire by the valour and endeavours of our Ancestors, nay contrary to Covenants confirmed by oaths; but he also brought his own Ships to Dantzick, with aid and succour to that obstinate City, contrary to friendship and to the Law of Nations. The most Serene Elector of Brandenburg, fearing the issue of such proceedings, and [Page 9]out of the love he bore to the common tranquillitie, took a wise course by way of prevention, and making the King of Denmark sensible of the dangers & disadvantages that would accrew to the present state of Europe, and specially of the Protestant Religion by such strange counsells, adding also an exhortation to a straiter Vnion and Concord, he prevailed so farre with him (as appears by the answer given to his Highness Ambassador at Copenhaguen Sept. 6, 1656.) that he consented to the finishing of the Treaty, which he had both intermitted and prolonged.No. 3. After his Electorall Highness had acquainted his Majesty herewithall, he suffered nothing to be wanting on his part that might conduce thereunto, but exprest his consent for a continuation by his Royall resolution given at Frawenburg the 26. of October, and offered such things as might suit best with a quick and easie dispatch.No. 4. But that which followed on the Danish part gave clear evidence, that they had nothing lesse then a serious intent to bring matters to a happy composition.
Presently after the Treaty was renewed, the Commission which his Majesty had sent to his Commissioner from Frawenburge the 7, of October in the same yearNo. 5. was called in question, nay dishonoured by a reproof, though it were sufficient both to re-assume and finish the negotiation; neither could any thing be pretended to the contrary, beside the change of the times and the state of affairs, and because nothing was expressed touching grievances. But although that needed not to have been granted, by reason of the mention thereof in generall, and that there was no such clause as might cause an alteration in re-assuming the business; nay whatsoever might make to the clearing of grievances, was couched therein, if a right understanding had been applyed, so that there was no need of any more formality: Moreover though it might be justly answered, that nothing was ever spoken upon those points either in the time of the preceding Treaty, or in the answer to the Electors Ambassador, neither had it any relation to the making of the League, [Page 10]but was exactly conformable to that very declaration of his which the foresaid Ambassador had received: yet such was the sincerity and constancie of his Majesties purpose, that he gave way to their desires, and sent a Commission in such a manner as the Danes themselves would have it.No. 6. His Majesty was further pleased to remove all obstructions, and besides his generall command particularly injoyned his Resident to offer the King of Denmark (if he desired it to make their friendship more firm and solid) an Oblivion of such things as had any way swerved from the rules of amity and their agreements ever since the time of the late peace untill that present: as also for the redress of grievances that might be objected on either side, he proposed a free discussion agreeable to the Articles in such cases by Commissioners of both Kingdoms upon the borders, or in a third place, with power to decree such reparation as might not intrench either upon former agreements or his Majesties honour.
He was also willing to admit, that if any jealous disposition was not content with this declaration, he would be bound to an absolute performance in clear and expresse terms of the Covenants: Than which nothing could be studied more sweet, more obliging, or more suitable to peace and the intended confederation. Hereupon the Articles of Vnion were again brought to the anvile by Both parties. The Swedish Resident trod in his former steps, and advanced his old proposals, as conducing to the main intent, and hitherto allowed on all hands. But all this labour on the Swedish part, full of sincerity, and friendship, became fruitlesse: for when the point of confederation heretofore begun ought to have been re-assumed, the Danes changed the whole order, matter, and form of Treating, and laying aside the endeavour of concluding a League, clog'd all passages with the objection of grievances, ayming rather at exasperating than uniting of hearts. Neither were the grievances produced all at once, but to foreslow and cripple the Treaty, they were drawn out piece-meal, one by one.No. 7. And it was premised [Page 11]in generall, as it were to observe the due form of Treaties, That an alteration should be made in the peace concluded at Bremsbro, That reparation should be given for damages in the Customes of the Sound that the Swedish Subjects had occasioned, That Security should be exprest upon the Treaty. Which things as they were brought into dispute without faith and reason, against law, against order, against the intent, against the rules of friendship, and against covenants: so ought they not to be admitted into Treaties designed for another purpose. But although this was visible enough to the Swedish Resident, yet could he obtain no mitigation: and so that he might not seem to distrust the justice of his cause, he complyed with their will, and answered to the grievances with the hope of fairer proceeding afterwards. But besides severall remonstrances as well against their demands impertinent and improper to the scope of the business, as also against the injustice of their accusations, he shewed at large, how there was nothing either of right or truth in the things upon which they bestowed those attributes, and how on the contrary much more and greater wrongs had been done to the Kingdom and inhabitants of Sweden, whereof they might more justly and truly complain, and require satisfaction.No. 8. And when at last with much difficulty (even at the request of the Mediator) he had obtained a discovery of all the remaining grievances,No. 9. and replyed such things to them as were convenient,No. 10. he forbore not still to press, that they should be referred to an examination appointed and prescribed by agreement of both Kingdoms, where they would receive a certain and finall determination, and be observed in the mean time by clear indisputable Covenants; the negotiation of the League being not to be interrupted for doubtfull pretenses, that would require a longer and deeper inquisition. But the Danes having no patience to bearken to those proposals, even before a just proof of any grievance was made, totally laid aside the treaty of the League, obstinately desiring that the peace made at [Page 12] Bremsbro (which ought to be the foundation and rule of this) should be changed, and so prosecuted nothing else but their demands of satisfaction and security. Under these shadowes they endeavoured to cover (but so as it appeared sufficiently) their desire to have those Lands restored, which when they could not be taken from us, were in the last peace left irrevocably by their Kings own word and authority, by way of recompense for our laying down armes, and for a farre larger tract of ground delivered to them. And although it were demonstratively proved, that such things were desired without right and reason, to wit, satisfaction without either debt or damage; Security otherwise then by Covenant, and as it useth to be betwixt Princes in amity; nay, without any colour of danger, presupposing that all this was built upon suggestions not yet proved, nor contributing any thing to peace and friendship; that what had been yielded up for the peace sake, could not be brought in question without the breach thereof; that such things were incongruous both to custome and the reputation of Kings; that to have their Covenants (the very bond and strength of concord) altered, could not be for the interest of both Kingdomes, nay was utterly against the obligation of friendship and neighbourhood, and in that regard opposite to the very intent of Treaties: yet for all this he prevailed nothing. Considering therefore the designes and practises of the Danes in the mean time out of the obdurateness of their hearts, what counsells, decrees and preparations for war were made in their publick assemblies at home, what conspiracies and malicious Leagues were entred into abroad with the declared enemies and the uncertain friends of Sweden, the raising and embodying of great forces being hastened every where, exactions and burthens being increased upon the Lord Frederick Duke of Holstein and his Territories, out of hatred to his Majesty of Sweden whose Father-in-law he is; considering all this it was evident enough which way they were bent, and what they were resolved upon. Yet the [Page 13]Resident thought fit to try them once more, offering a memoriall the 8. of April, to shew the impossibility of their desires, and to obtain a Categoricall answer to better purpose: butNo. 11. he was frustrated again, and they were still in the same tune.No. 12. When therefore their stubborn resolution for war against all that was equitable and faire had rendred fruitless both the Swedish Residents moderate instances and remonstrances, and the diligent good offices and mediation used by the Elector of Brandenburgs Ambassador to preserve peace, and that their spirits were rather blown up higher by this modesty, as if it had proceeded from fear, seeing there was no hope of better things, nor that they could by this way be induced to the thoughts of peace, much lesse of a League; the Resident, not to spend more labour in vain, found it necessary to intimate his departure, and to reserve the business in hand for some other fitter time and place, Which purpose of his, with a re-iterated demonstration of his readiness to continue the Treaties, and the Danes tergiversation and drawing the contrary way, he declared to them in a writing presented the 2. of May that instant year.No. 13. Neither did he break off the Treaty, as they lay to his charge, the continuation whereof he urged with all earnestness, and at that time offered it; which motion of his was so farre from being imbraced by them, that they quickly dismist him, as a person whose room they rather desired then his company. Neither would he have left off, notwithstanding all the neglects he had already received from the Danes, because he was imployed to conclude a League; but another was offered, as the method of the Commission for grievances seemed to require; who was rejected as soon as offered.
For although they would not suffer him to effect his intentions, yet was he not unmindfull that such differences might be composed by another way, set down in the Covenants between the Kingdomes, to wit, that matters in controversie should be discussed and determined in a Treaty renewed by Commissioners on both sides appointed to that [Page 14]end upon the confines of the Kingdomes after the antient manner. The King and Counsel of Denmark would not willingly seem to refuse that offer; but the Resident was hardly gone out of their Territories, when three very considerable Swedish Ships richly laden, passing the Sound upon confidence of Agreements, and guilty of no offense, were yet arrested there, seized upon as prize, and the Swedish Subjects used like Enemies. In other places they began to stir-up and encourage his Majesties subjects to rebellion. And by these steps there followed a proclamed War.
Now by what hath been said let the World judge freely, which side hath been more studious and more sincerely desirous of peace between the Kings and Kingdomes of the North; and with what brow of confidence the Danish Papers can boast of their observance of peace, amidst so many things in relation to it done by them coldly, unconstantly, and clean otherwise then was intended, as also many things fairly and kindly offered, and as scornfully rejected by them. But this will be better discovered by him, that shall weigh those causes of breaking the same, which they set forth.
The Danish pretenses took both beginning and end from their fear of the Swedish Arms: though besides the consciousness of their desert, there appears no cause at that time that could move an innocent heart, and a constant minde; and if there had been any, yet it might have been removed by that observation of good neighbourhood and friendship which was offered during the Treaty of the League, and should have been confirmed by the intended Covenants. Those arguments whereby they would justifie this fear, are very weak, and destitute of truth. How little thereof is there in that which is first laid down, That it is the Custome of Sweden to begin Wars without warning. In the Record of times there are not a few examples extant of War proclamed, even against the Danes. If ever it was omitted, there was reason for it, since neither the Law of Nations requires it alwayes as necessary, nor is there any need of it, either when wrongs are done which nothing but [Page 15]taking of arms can right, or that blow is ready to be given which must be prevented by a quick providence. The Aggressor denounces the War; and he is beforehand in sending the Defiance, who makes the necessity of repelling the Adversary, and defending our selves. As it happened in the last War with Denmark, although even then proclaming was not altogether forborn. It is for want of experience, that they call this a Barbarous and Turkish Proceeding: It might with more reason be called Danish, when lately the King of Denmark before any solemn found of Trumpet used violence and hostility upon the Swedish Ships and Subjects. Then they say, That they ought to fear now what hath been done heretofore. But how can they fear, unless they have done those things now, which deserved the justice of revenge heretofore? whereof truly they make themselves both conscious and guilty by this very objection. That panick fear of their Subjects which is mentioned, shewed not its effect before the King of Denmark had openly taken arms: so that it proceeded from his actions, nor from any of the Swedes. After his injuries and affronts put upon a warlike Nation, no man could expect so long a forbearance and impunity; but ever one might wonder, with what patience, gentleness and curtesie that Nation laboured (though in vain) for peace and friendship. They allege something of a debate and perswasion to take arms against the Danes but without proof. If any such thing were, it became harmless, and ended without effect: The event makes it clear, that the Counsel inclined not to that opinion; who if they had had as good a will, as they wanted neither cause nor power, certainly it had been both nearer and easier for them to fall upon he Danes, then upon the Polanders. Whoever shall observe in what manner they have prejudiced and abused the Kingdome and its inhabitants, will believe we had cause enough to prosecute our defense by the Sword. And it may be the Chancellors words reflected upon that, if ever they were spoken: But since nothing bath been hitherto attempted by force and arms, they claim another interpretation, and furnish a stronger argument [Page 16]of a purpose to maintain Peace and Covenants, then to strike fear into any one. Which neither may be sufficiently grounded upon the words of I know not whom, implying an intent to make up the losses of the Polish War upon Denmark. Such language might haply fall either from freedome of private discourse, or from the observation of what the Danes were contriving, or from the conjecture of that necessary defense which would follow thereupon. But how doth it advantage this case, to charge the Covenants of Bremsbro with injustice? An absurd accusation, and void of all appearance of right, when the Danes at that time deserved far worse for the injuries they had done, & the damages they had caused; when it was just to impose such terms by the Law of Victory; when of those places that were gotten by the right of the Sword, a few onely retained, more were restored; when the agreements were solemnly ratified; when ten years silence had confirmed, and consecrated then amongst the Monuments of Friendship; when the Danes owe their safety and quietness to nothing else ever since. Nay, it is well known, and will be made good out of the Danish Record, that the Commissioners whom the King of Denmark on his part appointed for that Treaty, had power to yield up many more Territories, namely Schoneland, and other places; so that it is manifest he was willing to part from more then he did to buy a Peace. And it would become the Danes better to render thanks and praise for Swedens moderation in so great good fortune, then to complain of quitting less then they would have been content to do. Hence they had no ground of fear, if they had persisted in that faith, with which they were willing to be bound. While they themselves are guilty of the breach, they endeavour to arreign Sweden for it, not onely without any proof at all, but without probability to pitch upon any particular action. But they are convict therof by the confession they make of those wounds of past hostility not yet cured and confirmed, the memory and smartness whereof they promised to bury and extinguish in a firm peace (but with what integrity, the world [Page 17]now sees) when their present actions declare, they only laid it up in a sullen mind, and alwayes intended a revenge. The example of the Popish War is vainly alledged to strike a terrour upon the Danes, unless they will acknowledge themselves like them, partners of their enmity and guilty. The just and necessary causes of that Engagement are elsewhere set forth and proved already. It is a weak and senseless objection, that the King of Denmark labours now to disapprove that, which he openly approved before by wishing good success, and hinting some other particulars: certainly when he was acquainted wih the motives thereunto in a friendly way, he shewed not so much as a gesture that imported a dislike. As long as the arms of Sweden were imployed there Denmark had reason to think it self the more secure nor ought there to be any fear when that should be brought to an end, because their security (as a mutual benefit of friends) would stand more stedfast then, upon the League and Covenants of amity. But besides what is discovered by the compunction of their own ulcerated consciences, all other things that are forcibly drawn into arguments of fear, are vain and groundless. He that looks more narrowly, will find that it is meer envy against the acquisitions and enlargements gotten by the prosperous Arms of the Kingdom, and against the glory of the Naiton, that makes up the Alpha and Omega of their quarrel, while they reflect but little upon that piety which should teach them to judge aright, and attribute the successfull issues of War to the hand of God, as one that gives sentence from above, the Lord of hosts.
But although indeed there were some cause of fearing, upon what account can War be derived from thence? Fear gives us no right, but to prepare by way of caution; or if violence be offered, by way of defense. The Licence which the new Danish Law of arms maintains, of breaking in upon another mans possession, of tying their horses (as they say) to their neighbours hedges, is as improperly applyed, where there was no enemy to resist, and where all was peaceably and friendly, as it is contrary to the general rights [Page 18]of the world. They that being truly possest with fear, are allowed no more than to provide harmless remedies for their security; are condemned, if they oppose present force against a future danger, and undertake certain enmities upon doubtfull suspcions. Cicero, who was otherwise learned in the Law of Arms than the Danes, was also of another opinion: Who ever decreed this, (saies he) or how can it be granted to any man without the danger of all, to have right and law to kill him, by whom he saies he is afraid that he may be killed himself? There cannot be alleged or shewn the least syllable of threatning, much less any appearance of hostility from the Swedes, before the Danes drew their swords. Whatsoever is objected, consisteth in bare jealousies onely, far from any offense, or from such a danger as could deserve a repulse by a violent hand.
But that is not all, that the Danes were fearfull; they go on to reproach the Swedes as injurious against them. They begin with their claim laid to the Archbishoprick of Bremen, and Bishoprick of Verden. The relation to whereof we shall fetch from its very first grounds. These Provinces being freed from the Enemies garrisons by the glorious valour of Gustaf the Great, while he waged the German War, were reduced under the Swedish power; only the jurisdiction and revenues thereof were restored to the Archbishop Iohn Frederick for his life, as being the Kings friend and kinsman. But after his death no man could make any title, or pretend any right to them, but they who had rescued them from the Enemy: nor was there any cause to restore them, besides the account of preserving friendship with the king and Kingdome of Denmark, and exercising the same uon his Son by way of bounty and obligation. From whence proceeded this singular gratification, that they should be delivered to the present King of Denmark, at that time stiled Archbishop (whose claim had been disallowed by the Imperialists before, nor did the Kingdom of Sweden rely at all thereupon) yet upon condition of neutrality and faithfull friendship, an expresse reservation being added to the Instrument set forth upon that subject,No. 14. That if [Page 19]the Archbishop or Archbishoprick by themselves or their dependants should any way give favour and asistance against the Kings Majestie of Sweden, and his Allies, the Safeguard should forthwith become void and abrogated. He held them for some years in a quiet posture, as long as he continued in peace. But when in the War which began with his father King Christian the fourth, he inclined more to the sway of his private affections, than to the condition of the surrender, and the Covenant of Neutrality, not onely affording aid and supplies out of those Territories, but at last becoming a party in the War, and acting hostility against the Swedes, he provoked their arms against himself, and from thenceforth forfeiting the right of Covenant fell obnoxious to the Law of War. Ever since that, those Lands were seised upon according to the Law of Arms, and not onely detained by a just possession, but to be considered under the Nature of things lost and obtained by the right of War. Now he can hve no pretense to require them again, but by vertue of Peace confirming those things to the possessors which were not agreed to be restored, and naturally allowing the present possession, if it were not otherwise covenanted. But there was never any covenant for a restitution. Indeed his demand thereof was made in the Treaty at Bremsbro, but arrived neither to agreement nor promise, being expresly laid aside by the 38. ArticleNo. 15. till some other Treaties, the Commissioners onely giving him hopes of their recommendation, as the words import. From thence the King of Denmark had no right to redemand what was gotten in the War, nor the Queen of Sweden any necessity to restore it; it was left in her absolute power to determine what she pleased: therefore if matters were not carryed according to his desire, there is no reason to complain of injustice, seeing there was no pretenese of right. It is a partial and groundless complaint, if they say therer is any Article not fulfilled on the Swedish part. Hitherto there hath appeared none amongst them, to whom any restitution ought to be made according to that Article, that have complained: nor do we know any body that had reason to [Page 20]This only appears, and perchance it is the thing meant, That the Danish Resident in Sweden did earnestly solicite the restoring of certain Ecclesiastical Benefices; but very incongruously, since by the publick consent and authority of the Empire those Church Livings being extinguished together with the Chapters, did no longer remain such, but put o a new quality of a secular nature, and past all together in Fee to the Kingdom of Sweden. There is no scruple made to allow those points which were resolved about referring the cause of the Archbishoprick to peculiar Treaties. That by reason of very difficult and tedious Negotiations for War and Peace at that time, there happened a delay of two Moneths; That Letters also of Safe Conduct fo rthe Ambassadours of a Prince in amity were not, as is untruly affirmed, denyed, but seemed needless and superfluous; it will not appear so strange to those that are conversant in affairs, as it is impertinent and indiscreet to upbraid us with such passages at this time. But that Negotiation came to nothing, partly by the neglect of those things which ought not to be omitted, or by doing what should have been forborn, and partly by incident occasions which altered the state of the business. When persons should have been sent in behalf of the Prince, to treat upon the restitution, they came to the Court at Stockholm, and shutting their eyes at the justice of possession and military acquisition, complained as it were of wrongs and required things as their own: to which proceeding the Lord Chancellor of the Kingdome could do no less then oppose the title and condition with which the Archbishop received those lands, the cause and ground of their forfeiture, the incongruity of the manner used in the demand, and the just reason he had not to consent thereunto: All which he did, not in derision, or vanity of words, but with VVeighty Reasons, as the necessity of the Businesse, and the importunity of the Demandants required. Besides the Ambassadors brought a Commission with them, onely to require restitution, not to treat; which was altogether unsuitable to the business, and also disagreeable to the Covenants: for it is not Restitution, but a Treaty, [Page 21]that is mentioned there. When thus there was no way to begin with these men, much less to conclude, it was necessary to suspend the negotiation. But the Danes acknowledge, with what testimonies of affection all things were carried, and how friendly and fair offers were made. All which is vainly objected to have proceeded from dissimulation. Indeed the effect followed not, from their own deficiencie and false perswasion, as if restitution ought to be made against the very words of the Covenant without contract, without any condition, and without satisfaction. It had been in vain to have laid it apart for a Treaty, and deferred it till other negotiations, if it should have been done so abruptly, peremptorily, and inconsiderately. The King of Denmark, Christian the 4, confest the errour, and afterwards offered another manner and place of Treating,No. 16. but too late, and when the state and circumstance of matters was no more the same, as it is declaredNo. 17. in the Queens answer. In the mean while they began to take those Territories into debate at Osnabrug and Munster while the peace of Germany was in Treaty, both because they were a part of the Empire, and because the subject in question had some relation to that peace. Then another consideration hapned, and that no small one, to alter the Treaty; upon a cessation of arms concluded with the Field-marshall Koningsmark as to the province of Bremen, before the peace of Bremsbro was published, a garrison of the Prince was to remain in Bremerverd upon certain conditions. By which agreement the quiet possession of the whole province free from all hostity and danger was left tot he Queen of Sweden, and that place only to the Prince until a further composition, upon condition of keeping all things in the same state, and besides provisions and money agreed to be furnisht, of living innocently, and without designe or Stratagems. But when contrary to these Covenants an irruption was made from that upon other places of the Province, the inhabitants were oppressed with exactions and insolencies of Souldiers, the waies were rendred unsafe by robberies [Page 22]committed upon Merchants, passage and other like favours were granted to the Imperiall forces at that time our enemies, but denyed to the Swedes, the Fore was more and more strengthned with an addition of men and warlike provisions to the prejudice of the agreements and the danger of the neighbourhood; a necessity of repressing these attempts enforced the Lord Count Koningsmark (not staying for a Royall command) to seize upon the Fort, and so both to chastise the breach of faith, and to prevent a greater danger ensuing. It hapned in the mean time, that amongst other points concluded for the pacification of Germany, the Emperour and the States of the Empire offered the Territories of Bremen and Verden as a satisfaction to the Kingdome of Sweden, disanulling the Ecclesiasticall character which they had born, and reducing the Lands to a secular right with the title of Dukedomes. Neither were they onely granted, but there was added a security of maintaining and defending the same after the form of Warrantie. From that time it is the cause of the German Empire which the King of Denmark opposeth. We leave him to the Justice of the Emperour and States, so farre as he impugnes their publick Acts, vilifies their faith, power, and honour, and tempts their patience.
In the mean while Sweden thought it might safely rely upon the publick authority of the Empire, upon the inviolable reverence of their assurance given against the dangers of any claim, and lastly upon the notorious inconvenience of such a desire, which no sober man could approve. We are blamed, that those Lands were required by us, that they were accepted of, that they were not exchanged for some others in recompence. But there was no need to require them, when they werre already in possession by right of war; and they might be justly retained, when they were freely offered. In the Articles about means of satisfaction the Swedish Plenipotentiaries named those Lands they had seised upon, that they might be brought into Treaty to that end; but so, as they presently [Page 23]declared their equity and fair meaning, that they required not all of them for the Crown of Sweden, but that others might be ordained to such persons as perchance had particular pretense to some of them, endeavouring that way to avoid contentions that might obstruct the peace; and so those pretendants carried away the most, and farre more considerable, than the Kingdom of Sweden did. Out of all the rest the consent and will of the Emperour and Empire offered the Territories of Bremen and Verden erected into Dukedomes; which offer is confest in the letter of the Father, Christian the 4. wherein he complains of the decree of the Emperour and the States, but imputes nothing to the Swedes upon that account. They had good right to receive what so Soverain a publick judgement had decreed might and ought to be delivered unto them: neither was it handsome for Sweden to withstand those determinations, nor could we do it without a malicious hindrance of the peace. The Chancellor who was then sent by the Archbishop to the forenamed Treaty, did not so much oppose the parting from those Lands, as desire a recompence, because he well understood, (as appeared by those learned writings which he published) that the power of the Empire, and the manifest advantage of that surrender in relation to peace, could not be questioned without sacrilegious Treason: but that it would be better for his Lord, being within so near hopes of succession to a Kingdome, to obtain something of perpetuity and equall value in lieu of an Ecclesiasticall benefice that was onely for life. He can also say, if he wil confesse then truth, how the Swedish Plenipotentiaries, not bound to such a good office, did yet by way of supererogation instead of hindring his desires, use all their diligence, counsels, assistance, and perswasion to further the satisfaction he aimed at. And he had received it, if either the Archbishop coming to the Crown of Denmark about that time had not let fall the prosecution of the cause, as he ought to do in submission to the request of the States, or if he had desired nothing but [Page 24]what was reasonable. But when his Ambassador required both great and many things, and the assembly of the Empire thought that either nothing was due, or not so much, he put an end to the Treaty, either by his Masters command scorning (as some have said) a pecuniary satisfaction, or through his own impatience and over-hasty departure. But if there were any obligation of recompence, it was chargeable upon the Empire, not the Kingdome of Sweden, and consequently that onely, not this, should answer the process. But what need is there of this tedious relation, since it is visible, that the acquisition is not onely just and fair, but frequently allowed for such by the King of Denmark? After the publication of the peace he did in a most friendly manner congratulate with the Queen both by letters and by his Envoy for the glory and happinesse of regaining tranquillity, and of the enlargement of her Territories, not making the least complaint, demand, or protestation.No. 18. Soon after by his said Minister he proposed something concerning debts, which he pretended the States of the Dukedome ought to him and Iosias Ranzow, requiring justice against them of the Queen, as Dutchesse of Bremen-When the Chapter of Hambourgh, as a part of the Dukedome, sent Deputies to her Majesty to desire the settlement and confirmation of their rights, he writ letters in their behalf, as in a cause wherein he had no interest, and which appertained to her Majesties will and disposition. Ever since that time he hath given the titles of Duke of Bremen and Verden to the Kings of Sweden, and received all writings and addresses bearing the same, without any shew of a mind bent to contradiction, much less of such caution was Princes in the like cases use; And which deserves speciall observation, when the war against Sweden was under debate, nay almost concluded, in the Commissions which the King of Denmark received from his Majesty to renew the Treaties, and which he likewise delivered to his Commissioners, he not onely suffered those titles, but gave them: which makes it clear, thta either there was no ground of hostility from [Page 19]thence, or what hath been taken up, is of a later date than the war. When at the Diet of Ratisbon the peace, and with that the forsaid surrender, was inserted into the publick Constitution of the Empire as a fundamer tall Law, his Ambassadors were present, and subscribed the same, as well he that represented the Kings person, and subscribed in the number of the Counts of the Empire, as he that came from him as Duke of Holstein, consenting, approving, and not so much as whispering to the contrary. Nor was there any thing in that Diet, that carried the appearance of a displeasure, objected against the sitting or voting obtained there in the name of the Dukedome of Bremen and Verden; no more than there was before in their Circular consultation at Luneburg. Nay, when in the year 1654. an assembly of the Circle of lower Saxony at Brunswick was ordered, directed, & concluded in the name of his Majesty as Duke of Bremen, the King of Denmark as Duke of Holstein being invited by his Majestie, appeared by his Ambassador, speaking nothing in derogation of the acts or rights of the King, but exhibiting a directory of what was fit to be considered, and performing all duties as well in his coming by Ceremonies, and shewing Crednetialls and Commission, as in the deliberations when he was come. When the controversie touching the immediate dependance of the City of Bremen, which had formerly been moved against him as Arch-Bishop, was again set on foot in the Imperiall Court, a testimony of what had past in that particular being desired of him, the originall of the Imperiall decree in opposition thereunto he communicated to the King as Duke of Bremen. For indeed he was withheld from thwarting peace and the Laws, by the obedience he ought as a Member-state of the Empire; neither could he have any colour to do it as King of Denmark, since that Crown had no right to those Lands. Moreover it is said, and that not without good credit, that amongst the conditions which the States of Denark made when they conferred the Kingdom upon him, they required that he should lay aside the memory and pretensions of those things which concerned the Archbishoprick of Bremen and Verden, and should not seek any further satisfaction upon that account; nor was he Crowned, till he hd accepted of that condition. Which is made more probable, as by may other passages, so by the letters which the Counsell of the Kingdome of Denmark [Page 26]writ to the Queen of Sweden the 13. of April, 1648. long after the surrender of those Lands had been offered, approved, made, registred, and published, wherein they desired to be comprehended under the peace, making no mention then of any demand (which is now produced amongst the causes of the war) much less framing any contradiction thereupon.No. 19. Which that it should be made after their request was granted, shewes the greater injustice in the King of Denmark, who being included in the peace, doth yet disallow the act thereof.
As these old grudges about the Archbishoprick, of Bremen and Verden disparage the peace concluded in Germany; so that which follows concerning the two Parishes Irne and Zerne doth no less to the prejudice of that, published at Bremsbro. The clear words whereof in the 25. article, wheterNo. 20. Iemptland with the adjacent places called Herrendale, are to be surrendred for satisfaction, doe so define the matter, that whatsoever is situate towards Sweden on this side the Mountain Fiolles, which divides Sweden and Norway, should be contained therein. When therefore the forenamed two Parishes are placed within the limited bound on Swedens side, there is good right and reason they should be retained and possest, There remains a third ground of a more just complaint, still in the hands of the Danes, which ought to be restored according to the tenor of the foresaid definition. After two years quiet possession the Danish Resident at Stockholm made a dispute upon a pretense that they were not expresly named, as if that evident delineation equall to words did not supply, and virtually imply the naming of them: whereupon he desired a meeting upon the present case, which was easily obtained of the Queen, out of her great inclination to peace, and accordingly by her Majesties answer given the 26. of October, 1648. a day was appointed him, to wit, the 3. of Iuly. No. 22. The same day was also expresly signified to the King himself by her Majesties letters dated at Stockholm the 26. of May in the year following.No. 22. The Swedish Commissioners coming to the place timely enough, upon the 27. of Iune gave notice to the Danes from a place not farre off, of their arrival and purpose to conferre. Long it was before any answer came, at last they received this from Christiania the [...]0. of Iuly, 1649, That they, the Danish Commissioners were ready for a confer [...] [...] [Page 27]but now could not come thither again without speciall order.No. 23. It appears not whether this hapned by the inconsideratenesse of the Resident, or of those who penned the Commission, or through the negligence of the Commissioners, or perchance whether they did not repent themselves of an ill grounded demand, fearing a more just one of another Parish which still remained to be restored. Without doubt it was done by the errour and fault of the Danes, who do ill to excuse themselves by objecting that they were deluded therein. Knowing their own guilt in that particular they patiently bore the reproach of so foul a negligence cast upon them by the Swedish Resident in the Court of Denmark, whereunto he added (out of the confidence of the Swedish right) the offer of another meeting to that purpose. Which the Chancellor of Denmark Christian Thomson refused, not judging that worthy of a meeting, which is now made the pretense of a bloody war. The next accusation the Danes lay to our charge is an alleging of grievances from stealing of Custom, which yet according to the rigour of the narration doth onely concern Officers & Subjects. How then his Majesty and the Kingdome of Sweden can become obnoxious to occasion a war, is neither inferred, nor doth it appear. By the common consent and reason of Nations particular offenses, if they be discovered, are to be punisht in the offenders, not reaching unto Kings: much less can they justify a war against them, unless the sufering party have applyed themselves to them by accusation, proof, demand of justice, and after al this have been denyed it: the least part whereof is not exprest. Indeed there was once a complaint made to his Majesty of Sweden, about the beginning of his raign, when he was ready to set forward to the Polish war: but such content was immediately given them, that they desired no more at that time: for the Subjects were forbidden to commit any such thing, as we have already declared, the observation of Covenants was straitly injoyned upon them, the care and inspection thereof laid upon the Resident, with power to make amends where matters were clear, and offering all just and usuall redresse of debate and composition in such things as required further search and considerations. Now what could be desired more than this? After these fair proceedings the complaint ceased, as long as they could counterfeit a show of keeping peace and making a League: [Page 28]but since they have discovered their inclination to arms and disension, for want of other causes to declare the same, they began to urge grievances afresh. But as to that point, every thing was ready to be granted that could be desired with any appearance of equity. And whereas the agreement between the two Kingdomes solemnly concluded at Stetin the year 1570. & renewed in the pacification of Bremsbro, had appointed a certain order and method of debating and determining such things, his Majesties Resident did severall times offer whatsoever was consonant to those rules, onely he required that there might be no delay in the acts of the League upon any such account. But when he could not obtain this desire, for all the equity and advantage thereof, he was ready to answer to what they could object, not only waitin for, but earnestly pressing a speedy declaration of particulars. But then it plainly appeared that no such thing lay before them in the Treaty, and that they were to seek for those pretended grievances For when the Resident both by his own industry, and the assistance of the Elector of Brandenburgs Ambassador, urged for a declaration of the grievances; he received this answer, That they would first make a collection of those that concerned the Customes, but that they could not be so soon ingrossed: so unready and so uncertain were those injuries, which were insisted upon with so much clamour and violence. Which put it out of question, that the Danes had made their former complaints without any certain ground; and for their present loud accusations, they were rather ashamed of them, than studious of righteousness and the light of truth. At last he confuted such things as were produced, with answers fortified by truth and equity, that whosoever would ballance the case impartially and without passion, could not find any just reason of accusation, much less a sufficient cause to begin a war.
It is enough to refer the Reader to these things, as they are laid down in order. First of all, the things heaped together in the Danish Papers, besides the bare Narration, contain nothing at all of demonstrative verity; nor any thing probable, if you consider that which all the world knowes, their rigorous taking notice and extorting of Customs. Who will believe, that if any abuse had been discovered in that particular, the offenders had not presently been admonisht, corrected and punished; [Page 29]when such proceedings were used against them without reason, if any interpretation of the Covenants would bear it; and the slightest pretense that could be strained, served to justify the extremity of Law against the Swedes? Besides, the delinquency objected relates to Seamen and Merchants, whose practice it is to seek their gain by any trick whatsoever; but at their own peril. It belongs not to Kings to pay those scores, but the action is laid against the Defrauder onely, and that (by common usage) in the place where Customes are taken, from whence those that are escaped, are looked upon as clear and unpunishable in other parts. As the King of Denmark would be unwilling to stand obnoxious for the deceits of his people in forrein Customes: so he hath no reason to accuse Sweden, if perchance their Subjects have committed any such fault in other places.
But they say, They have oftentimes complained of those things to the Swedish Resident, though in vain: Whereof he acknowledgeth nothing at all, besides some importunate and unreasonable exprobrations. Which is not strange, since their complaints used to want nothing, but faith, right, and reason. And now who can say, that such desires could take place, being disagreeable to covenants, and void of truth?
Two things are chiefly reproached; first as to Certificates, that they never came compleat and entire from the Cities where the Magistrates had signed them, to the Danish Customes, but with blanks firmed with the Seals of those Cities; and were written or filled up by the Swedish Ministers, nay some of them made in forrein places. But it is clear and palpable to the Danes themselves, by reason of sundry and changeable occasions and circumstances of Traffick, especially where Merchants and Merchandize come from, or are sent to remote Countreys, that the Ships wherein they are fraighted, nay the Commodities that are laden being bought by Factors upon a general order, cannot be known in their Native Countrey; and therefore that it is impossible they should be inserted in Certificates, which use to be desired and brought from thence for specified particular Commodities, which yet do often fall out otherwise: nor can any other course be taken, but that arriving from another Countrey, they should declare the condition of their Cargo, profess the same in presence ofthe Swedish Resident, and so be registred according as their reports [Page 30]were found true. It is a calumny and slander of the Customres, without any argument of truth, when they say that this was ever done by boys, women, or other strangers, or even by the Residents Officers, without his own knowledge and speciall command. Forasmuch as the same was observed of old, nothing heretofore required upon that account, no fraud ever said to be detected nothing otherwise defined upon that case in the Covenants, nothing contrary to them in this proceeding, nay rather suitable to the ninth Article of the Agreements at Bremsbro; there can be no just cause of complaint thereupon. It was long ago provided by Queen Christina, that no fraudulent dealing should creep in as to that particular. For she ordained, that all Certificates should be sent to the Resident remaining in Denmark, that he should take care to see all things done righteously, and after his examination to deliver them into the Custome-house Office: The integrity of which proceeding she strictly injoyned as well upon her Resident as upon Cities under her Dominion.No. 24. Ever since that time not any one man hath been convicted or found guilty of miscarriage in that kinde. He that besides this providence on the Swedish part, shall consider the rigorous examinations and searches used by the Danish Officers of the Customes, will think it impossible that any room should be left for fraud or abuse.
The second charge is framed out of those things which ought to be observed by the Agreements made at Christianople with the Ʋnited Netherlands 1645. about exhibiting Bills of lading. But nothing of that relates to the Subjects of Sweden, for whose Navigation and Traffick provision hath been more fully made by other Covenants; but that which was provided about Holland Ships and Merchants, is not agreeable, but contrary thereunto, nothing being thereby lyable to discovery but Certificates. It was therefore injurious to exact other things, and those unusual heretofore, no part whereof obliged the Northern Kingdoms: nay the agreement between them was clearly otherwise in express terms. That his Majesties Resident would not consent to such things, accompanied with so great prejudice, nay contradicted and opposed them, is very unhandsomly laid to his charge. For he did but according to right, while they required him without any, to introduce such things, contrary to agreements, and without any power. He protested while the Treaty was in hand, that to [Page 31]his knowledge, or by his permission, nothing was ever done in favour of Strangers, or to the detriment of the Danish Customes; nor was there any substantial proof then produced to the contrary, and as little now in the Danish Papers. They onely express how it troubles them, that the patience of their Officers should withhold them from falling upon the Swedish ships and Merchandise and that the liberty which the Swedish Traffick hath gotten, makes such progress and increase as moves their envy.
The damages by lessning their Customs, are falsly objected to the Swedes, from whom they have no right, nor ever had, to require any So there can be no defrauding, where there is a confest immunity. If any wrong in that kind hath been done, it was by other people who were lyable to Customs; wherein it is so much the less probable that the Swedes should use any deceit, by how much their gain would be the less, and their hazard the greater. It is an unseasonable and impertinent argument which they draw from the comparison of traffick in the Cities of Liefland for a time; when it was charged with unreasonable exactions, and is so even now after the recovery of Liberty. That doth but manifest, what an obstruction to trade grew from the Danish Customs and vexations; which being taken away, it is no wonder that Traffick and Navigation should flourish again, from which men were forced to forbear heretofore by reason of those afflictions. But Cities being freed from them, could furnish out their own shipping, turn into commodities the money heretofore extorted by the Danes, hope for and get more certain gains, which used to be cut off by vexations, delays, and law-sutes.
But all this complaint about Grievances proceed, first from hence, that it vexes them at the heart, to see the revenues of the Sound not so great at this time as formerly, and that they have not such a licentious power to encrease the same, and burden trade therewith, since Sweden hath recovered her antien liberty and the Hollanders by arms and contracts have diminisht the extremity of those exactions to about a sixth part wherein Sweden hath taken or impaired nothing from the Danes, since it had antiently the possession thereof, nor had they any right or legal custome to exact it. So that all which they call damage from this ground, is really not so, but properly to be esteemed the surceasing of an unlawfull gain.
The other spring from which the Danish complaint flosw, is placed in the errour of an unjust supposition, as if that passage of the Sound had any right over the Swedish Ships and Merchants; which is just none at all. It hath been long since notorious to the world, and made good by late victories (since which it hath been more fully reduced into Covenants) that the King of Denmark as to any thing of the Swedish Nation hath no Dominion, jurisdiction, power of visiting, imposing, and exacting any thing in that Strait, more than in the open Sea. A general ordinance and confirmation of that liberty is contained in the articles of the last peace, limited with no exceptions, but establisht in full and ample forms: only when other nations were content to forgo part of their liberty in that particular, that a distinction might be made who they were, and what belonged to them, what to the Swedes, this one clause was granted, that Certificates (according to the manner there exprest) should be shown in the Office of the Danish Custom-house concerning those things which the Swedes, would affirm to be theirs. In all other respects the immunity and freedom was intire, impeacht in no particular, but left without any charge; so that the Danes have not a syllable of right to set up against it. Whatsoever therefore is exacted or imposed more than this, is unjust, and improperly called a grievance where no such title is allowed of. But Sweden hath better grounds of a just complaintin many things slyly and treacherously offered to infringe & diminish those rights of liberty contrary to convenants.
These close designs began to take effect the very next years after the peace of Bremsbro, when the Swedish ships were brought under the slavery of being visited, from which by the tenor of the pacification they ought to be free; by this subtlety, that the Certificate being readily accepted of, as it were out of singular respect to the Swedes, their request of letters of conduct was prevented by the visitors making hast with them to the Swedish ship, or that which was laden with Swedish goods, and there while he offered them, under the pretense of observing the building of the ship, or some other thing, especially if there was any forrein commodity there, he would search and pry into every part of the ship. Hence they took occasion to question some of those things they found, to render them suspected upon slight cavills, to bring them under inquisition and other sutes from which they were expresly exempted by the law of the peace, and the mean while to detain and vex the ship with great prejudice and incommodity. Then they assumed to themselves the examination of certificates, and if they failed in the least tittle, Custom was required, not regarding that the said Certificates were by the agreement left to the trust & care of the Magistrates in every place, free from searching, & not presently to be charged with Custom upon a small defect, or mistake, when the truth & reality sufficiently appeared otherwise. [Page 33]Moreover when ships returned from Portugal or other far remote countreys, if Certificates were not instantly ready in the Sound (which they would have to be sent thither, and wait there) but were prevented by the prosperousness of the voyage, they would not allow time to expect them, nor a harmless stay in a common road till they were brought, but the space of twenty four hours was set, within which if they were not exhibited, neglecting and refusing their intreaty for a suspense till the arrival of the ordinary post, Custome was demanded with threats to be carried away into the port at Copenhaguen; when, notwithstanding the shewing of them was not limited to a certain time in any of the covenants, yet was usurped here in the open Sea and upon the coast, which ought to be free from every man. If any thing was found in the ships besides what belonged to the Swedes, under that pretense even that also which was theirs, contrary to the Law of the covenants was made obnoxious to visitation (which the said covenants did generally forbid) with a twofold great inconvenience following thereupon; for first that examination was differred till all the other ships were visited, the ship being in the mean while hindred a long time from her intended voyage; secondly the making up of the accounts was committed to some citizens under a charge and expense which they call writing and counting money, sometimes greater then the Customs themselves. When these things were not sufficient for their designes, in the year 1649. by a treaty of Redemption (as they call it) concluded with the States of the Ʋnited Netherlands, whereby they did as it were rent or farm the Customs, the Danes committed far more intolerable breaches against the covenants. To say nothing of the many and great prejudices which were hereupon exercised upon the liberty of the Baltick Sea, and the ancient Royalties of the Northern Kingdoms, by this covenant of Redemption there was obliquely intended against Sweden an imposition of that custom and molestation, the right or duty whereof that Crown had nevr consented to bring upon its subjects; nay, thereby they aimed almost at a totla abrogation and voiding of the agreement [Page 34]of Bremsbro. Ships and goods were charged upon another account in Holland, and several wayes in the Sound: In Holland under pretence of haven-right, the freedom agreed and establisht was not allowed to those that arrived there: in the Sound, vessels that were passing to other places were not dismist upon shewing their Certificates at the custome house Office (as the express words of the covenants run) but they were remitted to shew them before the Holland customers; and if they refused so to do, made customable, detained, and punisht; subject also to their vifitations; examination, troubles and Law-suits, if any Swedish commodities were fraighted in Holland ships, as if their liberty from thenceforth ceast: Whatsoever these men imposed, ours were forced to suffer. Thence came burdens and charges to be doubled, which ought not to be single. The inconveniencies whereof the Queen explained in two letters the tenth and seventeenth of May 1651 (N. 25. , andN. 26.) which shee writ with a desire to remove them. We will not detain the reader with a recital of the arrests, processes, impositions, nay seisures after they were out of the Sound, detentions, and confiscations, wherewith the Swedish ships and goods have been molested ever since; The Danes themselves are not ignorant hereof, when more then once a just and better observation of covenants hath been required at their hand for these very causes; sometimes the injurie hath been confest, and restitution followed; sometimes also but a reparation of dammages, and an amendment of exorbitancies promised. Some mention thereof you will find in the grevances presented to the Danish ambassadours at Stockholm 1653.N 27. you will find their acknowledgement of the injustice by their answer the 14. of March N. 28. and by the Swedish commissioners reply the 28. of March N. 29. which things are further witnessed as well by their ill observation of covenants, alledging grievances to no purpose and without proof, as by their endeavours to hinder and destroy the Swedish commerce.
That after the last peace with the States of the united Netherlands something was concluded or offered to free the [Page 35] Swedes absolutely from exactions in the Sound, is untruly urged. There was no need of that long before, when the Swedes many years past had publisht, and both by their publick writings, and at last by arms defended this judgement against the Danes, that they had neither right nor reason to exact a chargeable custom for a passage onely (without any benefit of landing) in the open Sea, whereof that stait is a part. Nor is it unknown to the world, that when the Hollanders would endure that slavery no longer, they rather invited Swedland, then we them, to a league for asserting the common liberty so much opprest by the Danes.
From this point the Danish papers go on to that cause which past between the king and the Lord high Steward of Denmark, or Rixhofemaster Corfitz Ʋlefeld, objecting that it was contrary to ther peace, that he was entertained in the Kingdom of Swedland, that he obtained a safe, and not the Royal favour, that he was neither delivered nor expelled at the request of the Danes. All that upon this occasion relates to these times, wherein the most Serene Lady Queen governed the Kingdom of Swedland. Both her MajestyN. 30. and the Counsel of the kingdom of Swedland N. 31. answered to the letters of the King, and counsel of Denmark written upon that subject. From whence it appears, that as they would not be engaged in the cause so they could not deprive an unconvicted person of the right of protection. And when after that declaration of right and equity they insisted no further at that time, they have no pretence to take up that now as a cause of making war against his Majesty which was done in the raign of another. To receive a man into security who is fled from his own countrey, not by reason of a legal condemnation, but for fear of his adversaries, is not against the law of nations, but suitable to humanity, full of examples amongst princes and nations, and agreeable to the covenants between the Kingdomes. For in those concluded at Stetin 1570. For the peace of the kingdoms, it was mutually resolved in the fourteenth ArticleN. 32. as the words bear it, thus; That such of the Nobility or commonalty as should [Page 36]fall into the Kings displeasure for a fault laid to their charge, if to avoid his indignation they should retire themselves out of one Kingdom into the other, and desire to partake of the rights there, then they should enjoy safe passeport, that other Kings security, peace, and protection: but that the King, whose subjects they were, might administer legal execution of justice against them according to allegations and proofs. The Danes accusing of us for the reception of this man hath so much the lesse justice in it, because they cannot be ignorant, how often exiles of Sweden have not onely been received and kindly used in Denmark, but also preferred to Offices and dignities. But as the first part of the fore recited Article could not be denyed to a man that was next in degree to the King in Denmark, and heretofore the first in his favour and secrets, honoured there for services to his countrey, and not of obscure fame abroad, not yet condemned or convicted of any crimes that could deserve so severe a prosecution; as (I say) this could not be denied him out of commiseration of his fortune, without a breach of the Lawes of humanity: so the latter part was offered by her Majesty to the King and Counsel of Denmark. When thereupon he made himself ready for his defence, the Qu. intimated the same to Peter Juel, at that time Danish Resident in the Court of Sweden, who solicited the cause against him, that he might hear it, make his answer, and take notice of her Majesties inclination to just proceedings. But he, as it were discordered, flung out of the presence in wrath, without the modesty fit for a Resident, or the respect due to the Queen It happened while these things past, that the Lord high Steward made use of certain proofs from letters, presently to refute such matters as had been objected against him at another time: specially whereas he was charged to have entered a great sum of money upon the accounts, and made deduction therof, which yet the man to whom it should have been paid, said he had not received it; he made the contrary appear by the acquittance and letters of those that were to have the said money, and shewed the falshood of the accusation. By refusing the offered tryal, what else could be collected, [Page 37]but that the Danes would have him accused, so as he might not be convicted; condemned, so as he might not bee heard, nor make his defence; ejected and punisht, so as the truth of the fact might never come to light. Which things since they are not permitted by divine and humane Law, her Majesty could not consent to such a desire; nor the Danish zeal justly argue, that it was misbecoming the dignity of a King to plead against his Subjects in another place, seeing it was so ordained by the Agreements; nor is it lawful for any King to use his absolute authority in anothers Kingdom, and to oppress a man unheard and undefended, though the suit be against his own Subject. It is not unusual, nor taken to be against the dignity of Superiours, that Kings should make process against their exiled Subjects in the Territories of other Kings, as it is shown by infinite examples in History. That no other proceeding may be allowed in Sweden, it appears out of the foresaid pacification of Stetin, which prescribes the manner thereof. When beside, nay against Covenants, a man that was present, accused as guilty, and offering himself to trial, not without a fair show of confidence, was yet refused the hearing of his defence, nor any thing proved that was alledged against him, nay the legal administration of justice declined; all this could not but move the Queen and Counsel of the Kingdom to the equity of protection against passionate and blind persecution, all equall and impartial judges to the presumption of his innocence, and all other persons to favour and good will towards a man otherwise eminent for wit, qualities, and experience. Indeed the Danes declared their opinionN. 33. out of the 21. Article of the said Covenants, that all extremity was forthwith to be used against him, by reason of a Writing he set forth, but impertinently; That provisional clause speaks of contumelious and reproachful Pamphlets; not to be inflicted but upon those that write and publish scandalous papers, fraught with affronts, disgraces, and infamy; and indeed, if the Subjects of one Kingdom do so against the King and Inhabitants of another. Now whereas in this case [Page 38]there was a controversie betwixt the King and his principal Minister and Subject, and betwixt the Noblemen and one of their fellow Peers, therefore it was to be prosecuted not by the Covenants, but by Law, according to the 24. Article. The writing came forth not in the nature of a scandalons Libel, but under the title of an Apology; and so, that the Writer seems to have publisht it, not to rail upon the King and Kingdom, but to defend himself and his cause, and to maintain his reputation. Especially seeing it was opposed to another writing, which the King had set forth in print before, purporting the charge against him. Whereby since the King had committed that cause to the judgement of the world by a publick accusation, and as it were challenged him; it appeared not how he was guilty of a scandalous detraction, while after the pattern set before him, he was willing in like manner to expose the necessity and subject of his defence unto the world; and if he desired to be thought an honest man, he could not decline that way of publick judgement begun by the King. They do him wrong to object, that any thing was done or omitted otherwise, then the common cause of Kings, the rights of Commonalty, and the merits of the fact required; while that was offered in Swedland, which is agreeable to the order of judgements, and tenor of Covenants, both which was neglected and scorned by the Danes, withdrawing the matter in question from a legal inquiry of truth, and intending all things not for administration of justice, but the satisfying of passion, which ought not to be admitted by a just Prince, studious to observe agreements.
Forasmuch as relates to Memmius Burin her Majesties Secretarie in the Dukedome of Bremen, the King of Denmark doth indeed tax him with an undue departure, but hath not yet made it appear to be so. When Peter Juel the Danish Resident in the Court at Stockholm gave notice thereof, her Majesty commanded him to repair into Swedland to answer for himself. Upon which summons he appeared, as relying upon the integrity of his conscience; upon his appearance he produced causes why there was no reason to [Page 39]believe such an imputation against him. And when the grounds and arguments of his defence were communicated to the Resident, he offered nothing to the contrary, but rested content, honouring him with his table and conversation, as a person guiltlesse, and giving him hopes of re-reconciliation. When the same man was presented by her Majesty in right of the Directory of to the Secretarieship of the circle of Lower Saxony, he entred upon and persormed that Office, the King of Denmarks Ambassador being present, and moving nothing thereupon. Neither did the Queen supersede the inquisition, which shee committed to certain Counsellours and other Officers of the Kingdom, to see if there were any ground why he should be accused, discharged of his Office, and punisht; but no salshood or crime could be discovered: Thus much onely appeared, that he was indeed called to undertake some employment under the principal Secretary: but that he was never actually placed therein by the present King, onely put to bee Governour of a certain Nobleman in his travels; in the mean time while he was absent, being traduced by malicious enemies, he often desired to be dismist, and when he could get no answer to his desires, being as it were forsaken, he at last submitted to the necessity of undertaking another condition after the forementioned, which he could not but attribute to providence amongst such occurrences. Besides which, when the accused persons probable allegations were justified by these arguments of his Innocence, the silence of the accuser, the inconstancie and alteration of matters objected, and the presumption of letting the accusation fall: to condemn a man in other things of spotlesse life and clear reputation, not confessing nor convicted, or to deprive him of his Office and Dignities as one condemned, and deliver him into the hands of an enraged King, would have been repugnant to the laws of justice.
The rest of their accusations, which are related, proceeded upon no better terms nor arguments: whereunto a refusal of Justice cannot be alleadged, when nothing was either justly demanded or proved. He hath little reason to [Page 40]desire favour from a Judge, that doth not himself perform the duty of a fair accuser.
Furthermore, many things are enviously alledged, of a desire to enlarge the Kingdome, and encrease the traffick of Cities under its dominion; which savours of a suspicious and jealous disposition, but makes nothing to justifie a War. For they tend onely to raise hatred, and foment malignity; but when they meet with just and right judgements, they fail even of that end. But most of them are feigned and contrived, never to be made good by creditable proofs; especially such things as are cast out about secret plottings and designs in emulation, and to the disadvantage of neighbours: They will never be able to produce resolved counsels, or instructions containing such results, as they have largely, but vainly heaped together, about the prejudice of Trade. They to whom they say such things were communicated, are ignorant of them; and wise men will never believe otherwise, but that either the Danes desire to abuse others in those particulars, or are abused themselves by too much credulity. It is evident what it is that wounds the Danes; that Sweden is so zealous and successfull in their prudent Counsels, to preserve hitherto the common freedom of Trade, and a better constitution within the bounds of their own Dominions: the first whereof hath turned to the benefit of the European World, besides the withstanding of the Danes immoderate increase of Customs and burdens upon Navigation; the other is as profitable for the enlargement of the Kingdom, and the interests of the Subjects: Yet all this without injury to any one. What Nation hath not an inherent justice and right to attend and watch for their own and their Subjects advantages? Traffick is laid in common, subject to nothing but industry, lest free by the Law of Nations, that every man may as freely and lawfully derive his profit from thence, as take water from the Sea. That care and industry is not bound to old rules, but admits of alterations with the change of times and occasions. How many innovations hath Denmark it self, Norway, both seen and introduced? [Page 41]If we may enter into comparisons, to whom the common care and advancement of Trade owes most, to the Swedes or the Danes; the greatest obstructions and detriments will be found to have been east in by them, and removed by us. What the condition of the Baltick Sea, and of the Hanse Towns situate thereupon, and what the dangers of those that sailed therein were 30. years ago, occasioned by the war and peace betwixt the Danes and the Emperour, they can tell, who remember the ports blockt up, the Sea swarming with Pirates, prodigious titles of dominion taken up by others upon the same Sea, and both designs and endeavours to bring it for the time to come under the Spanish yoak. All which when the King of Denmark, forsaking both the publick cause, and that of his Friends and Allies, upon the peace made at Lubeck had left without reparation, or restauration to the former state; by the bloud and valour of the Swedes things were repaired, and again brought to that pass, that while the Germane War continued, nothing was unsafe or attempted upon the Trade of the Baltick Sea, but what proceeded from the Danes; and when the peace was concluded, the former power and vigour was restored to Sea, Rivers, and Lands by the composition of Osnabrug. What stops and hindrances were thrown in the way of that Treaty, by the Customs introduced in the Sound against the Law and usage of Nations, and the same so often innovated, encreased, and by strange wayes exacted, appears by the long complaint of other Countreys, specially of Poland and the Ʋnited Netherlands; but it was Sweden by whose means that immoderate excess was brought to reason and remedy, as the Acts of the year 1645. and the promises which the King of Denmark thereupon made to the Swedes and Hollanders while the pacification was making at Bremsbro and Christianople, do sufficiently testifie. And there indeed the shoe wrings them, that a bar should be set up against their boundless licentiousness.
We pass over other things, as not judging it worthy the pains to answer them; and being so destitute of truth, they are denied with as great ease, as they [Page 42]are objected. It hath not, nor cannot be made good, that there was ever any intention to sue in the Emperours Court for an Investiture of the Baltick Sea. It is as great a stupidity to believe it, as an absurdity to say it; when without any such thing not onely all the right of dominion that could be thereby desired, was of old due to the Kingdom of Sweden, and more fully then any Investiture could make it, and that the Northern Kingdoms never granted the Emperor any power upon that Sea but when he would have usurped the same about thirty years ago, the most glorious King of Sweden opposed him, and by Arms defended both his own right and the Baltick liberty. The manner of the Investiture is exprest in the Instrument of peace, which there was never any intention to exceed.
They write with no other style of truth and credit concerning the Swedes interposing in businesses between the King of Denmark and his kinsmen, concealing names and circumstances. There is as little knowledge to be had of the things, as they relate them, as of the parties they forbear to name; all which will doubtless be suspected by avoiding the light, and being so wrapt up in obscurity. If perchance they mean hereby that which past heretofore about the jurisdiction of Swabstet, and the rights of the most Serene Duke of Holstein upon the Bishoprick of Sleswick, their discourse is very much out of the way from that business: For the Swedes neither took upon them any judgement thereof, nor was War threatned upon that account, nor was any endeavour used to disswade an amicable composition, or a lawful decision. But rather her Majesty out of the respect of friendship and neighbourhood earnestly recommended that controversie to the Danish Ambassadors, that differences might be composed upon equal terms sweetly, as between kinsmen, and without further difficulty or bitterness of contention.
Of like nature is that which is said concerning a design of invading the County of Delmenhorst, and of orders given to that purpose; as also about disputing the title of Dithmarse: all without the least justification of truth. Without [Page 43]question a scruple of conscience was the cause of that suspicion, and that suspicion thrust forth an expression of what was justly feared; since the King of Denmark is not ignorant of the rights which the Dominion of Bremen hath upon both those lands: As how the County of Delmenhorst was of old a Fee of the Archbishoprick,N. 34. and there yet remains an action against the Counts of Oldenburg for a fraudulent usurpation upon that right; and when Christian the last of the Counts of Delmenhorst departed this life, the Chapter opposed the Counsellors of the Count that succeeded, by making a Protestation and a reservation of their right: Then how Dithmarse N. 35. was violently rent from the Archbishoprick within these hundred years, the inhabitants thereof invaded by arms, and forced to obedience, how the Archbishops complaining to the Emperour of the injury, desired his aid against their powerfull adversary, and reserved their rights purloined and abused by the craft and hypocrifie of the Danes N. 36. Lastly, although when the Archbishoprick came to the Princes of Holstein, and thenceforward for the interest of their House the controversie lay a good while covered under the ashes of silence, yet was it never to this day totally extinguisht, nor did the Arch. Bishops or all the States renounce their rights.
They reckon amongst their imputations those letters, which his Majesties Ambassador in Germany, Count John Oxenstiern (out of that care of preserving peace which is incumbent upon the Office of an Ambassador) writ from Wismar the 26. of February, 1657. to the Lords Directors of the Circle of Lower Saxony, at that time when the war was already resolved in Denmark, and matters were very near breaking out into hostility.N. 37. They contain nothing but what agrees with the Instrument of peace, and whereunto the States of the Circle were bound without any other excitation, as well by the Constitutions of the Empire publisht for the execution of the general peace, and so many times confirmed, as from the Warrantie promised to the King and Kingdom of Sweden in the last pacification. For those Constitutions do principally oblige the Circle [Page 44]and ordain, that by their providence disturbances may be prevented, and the lands situate under them defended against violence. How necessary these rules were, appears by the sequel; how beneficial not onely to the Territories of his Majesty and neighbours, but even to those that the King of Denmark holds in Germany, if they had their force and authority, is evidently perceived by the damages and inconveniences caused by the Danes rashnesse, and by those we have just reason still to expect. There is that considence to be reposed upon the consent of the States of the Empire (if they would not suffer the passion of the Danes to prevail over their reason in this particular) that as there is no man but will disapprove and take to heart the invasion of the Imperial Provinces, and the bringing of a War upon Germany; so he will think it well done, to give provident and timely admonitions for averting the violation of the publick peace. Nor was there any other thing declared, as well in the answer of the Lords Directors,N. 38. as in that which they and the Supreme Officers of the Circular Militia out of their care of the common tranquillity writ to the King of Denmark. N. 39. and afterwards took upon them to do it. The King of Denmark hath no reason to think that Letter was framed to render him odious; which could never have been done so effectually and deeply by a writing intended to a good end, as he hath drawn it upon himself from the poverty, destruction, wasting and ruine of so many innocent men and Countries by his inconsiderate Arms, seeing all those evils must be charged upon his score, that follow the precipitation of his attempts, and the necessity of a defence.
The objection of not observing the laws of the Empire concerns other people; neither doth it appear by what right that charge is made without authority from them; the rashness of the action onely is evident, while the parties concerned are silent, because in truth there is no such matter, nor any ground for a complaint. It is not yet out of the memory of man, what the Empire and the States thereof, nay what the common Liberty and security lost by that war and peace [Page 45]made by the King of Denmark in Germany, nor what they regained by the bloud and labour of the Swedes. The last peace visibly declares, that the Kingdom of Sweden desired not to diminish any thing of the ancient Rights belonging to Germany and its States; whatsoever remained of that kind, was carefully restored, guarded, and confirmed. We are content the publick acts should bear testimony, how the Swedish Counsels and votes in the Assemblies of the States of the Empire, and of Deputies, yea and of the Circles too, have alwayes been carefully directed and given for peace and publick safety. That which of late years the Circle of Lower Saxony decreed at Luneburg and Brunswick, was concluded, the King as Duke of Bremen not gainsaying, nor dissenting from the major part of votes, nay happily directing and encouraging them in the last Assembly, when the Ambassador of Danish-Holstein raised no small strife and disturbance, and stubbornly opposed the Circular defense well agreed on before; which being referred thither by the last Diet, was diligently treated, and as much as in him lay, brought to effect. Hitherto no man hath been heard but the Dane, nor he neither till he would be an enemy, that could say he had received any offense.
That the raising of Souldiers in Germany for the Polish War should entrench upon the Constitutions of the Empire, is an unjust objection; while he himself doth that against a Member-State of the Empire and its Provinces, which he blames for being done against a forrein enemy to no prejudice of the Empire at all: Thus he hath not observed what he requires of another. But further, the objection is ignorant; by the publick right of the Empire it is permitted within the limits thereof even to forrein Princes and people, held to be a point of the Germane liberty, never denyed to any but declared enemies of the Empire, and practised by many even to this very day. Their hasty censure runs in a very quick stream, gathering together those things which are of obligation to strangers that make Levies in Germany. The application whereof, as they make it, is incongruous; seeing his Majesty as a State and Member of the Empire, [Page 46]brought his souldiers into his own Provinces, and maintained them there without inconvenience to any one, till they were drawn from thence; and then obtained no more then a harmless peaceable passage not to be denied to any man by the law of nations, and permitted even to forrein forces by the Constitutions of the Empire, yet so as he both requested it of his neighbours, and they as readily granted it. All this while nothing was done but what was agreeable to the ordinance of publick peace and the execution thereof, as also to the Instrument of peace. But if the insolence of souldiers went a little beyond their bounds, that was besides his Majesties intentions, and contrary to his command. It was alwayes thought fit to appoint some to oversee their march, and to provide by orders and Commanders a means to withstand and punish their extravagancies. It doth not appear, nor will be believed, that ever the souldiers past by the Kings command through the King of Denmarks Countries, or that they were landed upon his coast. It was also against the Kings will, if notice thereof were not given. Neither was there ever any complaint made or mentioned of such things heretofore. Yet how innocent our march hath been through the Danish Countreys, their own Papers shew, alledging nothing of damages, when otherwise they use to omit nothing even of the lightest moment. But it imports not much that they past so quietly, where there was neither danger, nor subject of offense. But it looks maliciously, to complain of an innocent taking of that which is to be denyed to no man.
We cannot see by what authority the Danes take upon them to scoff and abuse the Imperial Investiture, as not taking effect. Neither is it to any purpose to answer their curiosity in a thing wherein they are not concerned.
Much alike is that clause, that touches the laying aside that controversie about the City of Bremen; ridiculous, for the clawing flattery misbeseeming a King; and no lesse unhan from, for the prevarication. That State which he had formerly impugned with the hostility of his pen, and his father by Arms, which afterwards he would have had convicted, [Page 47]furnishing the Queen with evidences against it; he now takes patronage of the same, that by soothing allurements he may stir it up to rebellion and breach of covenants. Nor is it unknown, what more hath been acted in his name to weaken the fidelity and constancie of the City. But it is to no purpose to plead that cause with a person, that hath no interest at all therein. His Majesty showed by the composition he made, how much he respected the peace of Germany and the safety of the City, when at that time he wanted not strength to decide the controversie another way. But the King of Denmark declares, how glad he would be to have the difference revived, their loyalty corrupted, and the City in confusion, that what he could not do by right and the power of his arms, he may bring about by his subtill arts and treacherous practises.
Concerning the Mannors of Ralswick and Strew in Rugen, the case stands thus: Those lands were anciently the Bishop of Roschilds, to whose Diocese that Island belonged in the time of Popery, but lay within the Territory of the Princes of Rugen, and so were situate under, and subject to their Territorial Soverainty. But afterwards in the Reformation when the Ecclesiastical constitution of Germany had suspended the Churches jurisdiction, and translated the care of religion, with what appertained thereunto, into a right of the States of the Empire, from that time the goods of the Church, as part of the Territory, following the rights thereof, the most Illustrious Princes of Pomerania thereupon thought the foresaid Mannors fell to their lot. But because the King of Denmark assuming to himself the ancient rights of the Bishop or Roschild, opposed their title, a controversie arose between them, which was at last determined at Kiel in Holstein, in the year 1570.N. 40. after this manner, That the propriety and profit of the Mannors, and right of conferring them upon others, should belong to the Kings of Denmark; but the Superiority and Dominion should remain to the Dukes, so that being as it were situate in their Territory, hey should be subject to their jurisdiction, and to Provincial charges. Nor had they any particular [Page 48]priviledge of immunity either before or after this agreement, but excepting what was left to the Kings of Denmark, they were in the same condition with the rest of the inhabitants and lands. As long as that Island in the time of the Germane war was held by the Crown of Sweden upon occasion of covenants and right, those Mannors continued free from military taxes, and that was granted in regard of friendship with the King of Denmark: But ever since Rugen became a Fee of the Kingdom of Sweden by the Peace of Osnabrug, and all matters were ordered no longer by right of War but of Territory, it was reasonable that such provincial duties as are laid upon other Mannors should be performed by those, in the same manner as by the rest that are subject to Territorial right and power; besides that the inhabitants petitioned more then once, that the indulgence of past years might be no longer continued to their oppression. Now seeing there appeared neither covenant for, nor foundation of any priviledge, and seeing a request or protestation ought not to be any longer admitted (by way of justice, contrary to the tenor of the foresaid agreement) to the prejudice of Territorial rights, & the burdening of other inhabitants of the Province; how can justice be said to be denied, where there was none at all, or an imposition be noised for a grievance, where there neither was nor appears any exemption?
Those things which are afterwards intermingled concerning the breach of liberties and rights of the Swedish subjects, and the burdens laid upon them, are brought to no other end, but that their incitements and provocations of that people to disobedience and rebellion might find the readlier success. We neither know nor believe, that they have appointed the King of Denmark to be their advocate. And it is held a trespass of a high nature amongst Soverain Princes, for a man of his own head to negotiate the affairs of another Kings subjects. For after the bounds of Dominions and Kingdomes are once set, and from thenceforward the care of every Prince confined to his own, and restrained from another mans subjects, Divine and humane Laws, the [Page 49]consent of Nations, the common interest of Kings, reason, custom, and the tacite agreements of societies, besides the Constitutions of the Empire, have condemned such kind of busie sollicitations and sought patronages. The treacherous designs and false colours whereof without question they understand by this time, since they find the incommodities of a War so rashly brought upon them, the cruelty of the Danes, dangers and charges [...]encreased pon them for defense against irruptions and running invasions; and that the Danes are the onely cause of all these mischiefs. And seeing a deliverance from these miseries cannot be hoped but by an end of the Danish vexations, they will think it concerns them to oppose their attempts the more vigorously. We do not adde, with what fallacious and vain ostentation these things are written by the King of Denmark, while every one sees the miserable condition of his own Subjects groaning under far greater burdens and inconveniencies, that they live almost without justice, liberty, or a competency of livelyhood, subject to the ambition and avarice of a few, sighing and panting after better things, but while the War lasts expecting little support and no relief from him, and when it is ended, nothing but that tyranny and slavery which he hath long aimed at.
At last a pretense is raked out of those things that past with the Dantzickers, when yet nothing can be pickt from thence, that is not justifiable by the Law of Nations, and deservedly inflicted upon them, nothing that the King of Denmark can pretend with equity to vindicate by Arms without prejudice to the publick. The Counsel of Sweden declared as much by their Letters written by way of Answer to the Counsel of Denmark in the year, 1656.N. 41. To which he replied nothing in his answer returned the 26. of April, in the year following, but that he excused their bold and stubborn resistance from the allegiance that City ought to the King of Poland, adding nothing how it concerns the King of Denmark, nor of the right that involves the Subjects and [Page 50]adherents of enemies, and what means ought to be used against them. By an old Law of Nations practiced time out of mind, whereby Subjects become obnoxious to those actions of War in which Kings are engaged, and are dealt withall by the Law of Arms, after his Majesty had accepted of a decision by the Sword betwixt him and Poland, he might lawfully invade a City subject to their power, and favouring their injustices: and so much the rather, because it had formerly been in part an occasion of that War; and whereas before the truce it was obliged to the Kingdom of Sweden to run the hazard of their fortune, after the same was broken by the treachery and plots of their adversaries, it ought to return to its former condition, and so might most justly be reduced. But though his Majesty might well enough have made it the first step of his military Engagement, and had right to invade it as an enemies place, yet he dealt so graciously, that in regard of Religion, neighbourhood, and traffick, he suffered his Resident and others, if they would timely provide for their own quiet and safety, to make them fair offers, and such as were accompanied with no prejudice, upon condition they would forbear hostility, neither abetting his enemies with favour and assistance, nor disobliging him. But when they refused that, and not onely entertained an union of affections and counsels with the enemies, but turned all their abusive and treacherous helps upon the Swedish part, all their reall courtesies upon the Polanders, it was impossible to avoid the exercising of justice upon a declared enemy. And yet that was done with great moderation, rather to sweeten their minds, and induce them to a care of their safety, then to bring ruine upon their City. Neither was there any stop or prejudice upon their Trade, which his Majesty left free, and no man excluded, though he might justly have forbidden it. Only he was necessitated to impose Custom, but that very easie and moderate, for preventing their malicious attempts, and maintaining a Navy to watch against the [Page 51]same. Which surely is not to be blamed, when it hath been a practice in all ages with Kings and Nations, absolutely to block up their enemies Ports, to hinder the importation of Commodities and all Trading with them, to punish their Navigations with the confiscation of Ships and goods. Neither have any people ever suffered it to be brought in question, whether such proceedings are just against the Subjects, Cities, and Ports of enemies. When his Majesty declining the use of that right, left Trading free and secure in an enemies Countrey under so small Custom, he could not perswade himself any man would be so unreasonable, as not to think they were bound readily to acknowledge they had a very good bargain, enjoying the liberty of traffick upon such easie terms, contrary to the custom of War. Besides, they needed not to have paid it, if they would have been content to forbear Trading, as is usuall in the time of hostility. It is not unknown, how far greater Taxes have heretofore been imposed by others without any just ground. Whatever was done in this case, the Law of War will justifie; but that less was done then might have been, appears by what others use to do, which hitherto we have not practiced. Much of this civility in these matters was upon the score of friendship with neighbour States, and particularly of that which was thought to continue still with the King of Denmark. For assoon as it was understood that he took offense thereat, although none was given him, that small imposition was forborn, and the Fleet drawn off. Moreover, during the Treaty with the Ambassadors of the Lords States of the Ʋnited Netherlands held and accomplisht at Elbing, room was left open for the foresaid City to be comprehended, that in the very heat of War it might have enjoyed Peace and all its advantages, and that no man might complain of any want or obstruction of Trade.N. 42. Nor was it refused, if the Dane had been so pleased, that the same should be inserted into those agreements which were in hand with him at that time. But as the King of Denmark employed his uttermost industry to hinder the ratification of [Page 52]the league renewed with the Hollanders, so by his crafty insinuations he moved and encouraged that City rather to put it self upon the hazard of War, then to enjoy peace with a continued and flourishing Trade by the agreements of Elbing. Which intention of his that he might the better compass, when the Swedish Fleet was totally withdrawn from before that Port, he both permitted the Holland men of War to pass the Sound as it were to beset the same Port, and caused his own likewise to come up, just as the Treaty was brought to a conclusion. The event clearly showed, what he did contrary to the desire of Peace and the obligation of good neighbourhood, and what effect it had in a City brought into confusion by his artifices. Which Peace being first scornfully rejected, and afterwards violently opposed by them, made them unworthy of the benefit that had been offered. When therefore under pretense of loyalty (as it were due to the King of Poland, but not so punctually observed heretofore, if we may believe History) they thought fit to use hostility, and run upon furious affaults, all that was lawfull against enemies, might justly and deservedly fall upon their heads. And seeing it were but justice to destroy them, being so obstinately implacable; why should it be reputed a crime to straiten them, onely to bring them to repentance? That which was done in order to the stopping one of the streams of the Weyssel near this City, might indeed be interpreted as an inconvenience to a hostile place, that would not be reduced to reason, & the care of its own safety, but not as the destruction of Trade, since there might be a more commodious passage at another branch of the same River. Yet was there nothing committed in that particular which did in the least swerve from the Laws and usages of War. The reproof of this liberty, granted to every man by the Law of Nations, seems strange, since the Kings of Denmark have alwayes used it when they are engaged in Wars, and he that raigns at present doth use it against Cities and Territories situate in Germany under the protection of the Empire, which he doth not onely exclude from freedom of Trade, but oppresses them [Page 53]with depredations and great sufferings both at home and abroad, and terrifies them with the fear of greater. When before the last truce Sweden waged War with the Polanders, the Seas lying before the City were possest passages by Sea and Land blockt up, greater Customs imposed, and yet neither he, nor any other Kings and States of Europe did then make that quarrel theirs, nor look upon it as the common cause; onely one or two desired some particular things for the liberty of their own Nation. And when things returned to their former posture by the Law of Nations, nothing was offered further in opposition thereunto, much less was that judged to be a cause of disturbance, or an unjust hindrance of traffick. It is certainly fresh in the memory of many yet alive, how the most glorious King Gustavus the Great interdicted Commerce not onely with Dantzick, but with other Cities also under the Kingdom of Poland, by Edicts publisht and set up in every place; those that were concerned, not gainsaying this proceeding, because they had alwayes done the same, as well they might by the Law and custom of Nations. How this mans father Christian the fourth judged otherwise both of the justice of such actions, and their suitableness with friendship we have drawn up severall evidences. When he had Wars in Germany, and distrusted his own power to withstand the Imperialists then aiming at the mastery of the Sea, he invited the most invincible King by Letters written the 12. of September 1627.N. 43. that with his Fleet he would watch over the Ports of the Cities of Germany lying upon the Baltick Sea, and in exchange for that courtesie freely offered both his help, and a prohibition against the Navigation and Trade of the Dantzickers. He set forth a Proclamation the 25. of March 1628. forbidding all Commerce and Navigation to and with that City, under pain of confiscation of Ships and goods.N. 44. Then by other Letters of the 14. of May in the same yearN. 45. he promised, that he would not permit any Ship going to, or coming from Dantzick, whether it belonged to that or any other place, to sail, come, or pass in or upon the streams of his Dominions, [Page 54]if the Customers of Sweden did not by their Passes signifie that Custom was paid. In consequence whereof be gave Commission to seise upon such Ships and goods, as far as his power and command reached. That which the Father approved by the Law of War, and as a good friend and neighbour assisted, the Son hath made a cause of War, which cannot be just if the Law of War have any force. But what right can he have to forbid that such actions should be done (even by the common Law of Nations) against a City in Arms? He complains that his Customs are decreast by that means. But as yet there appears no such right in those very Customs, that their diminution should warrant the making a War upon others. Besides, care was taken that they should not be diminisht: For there was left a freedom of Trade, inserted the second time into the agreement of Elbing. If that proved without effect, the fault is to be laid upon the stubbornness of the Citizens, and the corruption of the Danes, not upon the King of Swedens intention. If the Danes received any disadvantage thereby, it is submitted to judgement (for giving reparation, if any damage accrewed) whether it was fitter to make War upon his Majesty acting according to the Law of Arms, and yet in the mean time leaving and offering the freedom and security of traffick; or to reduce a disorderly City to reason. The first could not rightly be done against him, who onely made use of his own right; the latter by his fathers example ought to have been prosecuted against them, who disdainfully rejected a liberty which was determined by agreement. But if the Danes will take this for a sufficient cause of war, that their Customs are grown lesse by reason of others wars, as no war either by sea or land can be managed without such intervenient prejudice, so no nation can ever be secure against them, because they will never want such a pretense. The granting of this principle will be an occasion and pretense of hostility against all men, and as it were a tacite submission to their arbitrement of peace and war, to the infinite wrong and prejudice of the European world. From whence they [Page 55]will proceed to a lusting desire of prescribing and limiting Navigation and Commerce, whilst others are at war, of giving Law to Kings and States, of taking away and hindring their liberty and all right of war.
That which is contained in the 42. Article of the peace of Bremsbro N. 46. concerning this City, affords nothing to move the King of Denmark to a just indignation, for this very reason, because the right of War is exercised upon a City subject and aiding to the Polanders. That place hath no obligation to assist or defend them, nor any power to prohibit Sweden from vindicating its own Rights by the Sword. Such accidentall and accessory inclusions were never of that value and authority amongst Nations, that either the principall Leagues should be judged broken by actions against parties so included, or the rights of War abolisht by any other causes. The clauses there inserted are impertinently urged here, as if his Majesty had thereby lost his power of Military right against enemies and their Cities, especially when those Cities do not forbear hostility. By common interpretation covenants are alwayes so to be understood, if things continue in the same state; the alteration whereof dissolves the force and bond of the covenant. When war was composed by that peace, provision was made that no revenge should be exercised upon the Dantzickers for what was past; not to excluded actions of peace or war upon other accounts for the time to come: which indeed holds as little correspondence with the intention of covenants, as it doth with reason. Neither doth that agreement allow them any other security, then they had before in the time of the truce; the end whereof reduced the City to its former condition, under which it lay before it was assaulted by arms, that is, subject to pay Customs, and to undergo the sufferings of War, if the like occasions happened again. For as much as they had not a perpetuall peace, but a truce onely with the Kingdom of Sweden; the conditions thereof failing, it must needs expire. In that Article of Bremsbro there was nothing changed therein, nor enlarged to further time, nor was it so much as debated. But [Page 56]supposing they ought to have had a more ample security, yet had they forfeited the same by their miscarriges, their conspiring with the enemy, and declaring themselves so against the Swedes. Neither will any discreet man show himself so unreasonable against Sweden, as to impose upon it so great a sufferance of injuries against the law of Arms and the practice of the world. That others were prohibited Navigation, and their ships or goods taken from them in the open Sea, is a charge that wants example as well as credit: Just as such things are faid to have been committed against the Danes, without the particular mention of any fact. The forbearing to name circumstances both here and elsewhere is an infallible Argument that there was no such matter, when upon other occasions the least puntillio's are not omitted.
It is hereby made manifest how distant from truth and justice those things are, which are vented in the Danish Papers. Nor is it lesse obvious to those that consider impartially, that by the true law of Arms the King of Denmark hath no just cause at all to make War upon a King, his neighbour, his friend, his kinsman, and of the same Religion. While for the making a colourable pretense of arms he rubs over those things which happened before the last Peace, and were composed by this, he discovers the past thoughts of his heart hitherto dissembled, that he intended not a faithfull and perpetuall League, nor such as should last any longer then till he had strength and opportunity to break it. When he alledges such things, as either appertain to others, and are without the sphear of his vindication; or being done in the time of the most Serene Queen, were not allowed by his Majesty now reigning (as almost all those points are which make up the grosse of his objections) he shows to what straits he was put, to rake together incongruities against his Majesty, while he wanted wherewithall truly and justly to upbraid him. And seeing those things had been partly buried in long silence before, nor for many years together accused so much as in word before the Peace was broken, and partly debated in friendly Treaties, without [Page 57]any signification of distaste or offense; seeing also there continued all the while frequent and repeated testimonies of good neighbourhood and affection by letters and Envoyes, it is manifest that he had no faithfull and sincere intention to maintain peace and friendship, but reserved a perpetual discontent and close hatred in his heart, having been quiet hitherto for no other reason but for want of power to offend, and under that cloak waiting for an occasion, seeking revenge, and plotting mischief against Sweden, when he thought that he had gotten what he lookt for while his Majesty was incumbred with a War against the Polanders and Muscovites, two potent enemies, when either he found or made his Majesties friends faithlesse to him, was provoked or did provoke others to confederacies against him, being perswaded that Sweden had not strength enough remaining to oppose him, or at least that all their force would necessarily be imployed in other Wars; then he broke the peace, and flew out into hostile invasions and the proclaiming of a War. But hitherto his hope and opinion hath failed; nor will his successe prove better then the reason of his engagement.
As the defigne of this War began without just cause, so it was carried on without just means, rashly and inconsiderately. But the Common Law of Nations it is held unjust to take up Arms before the tryal of an amicable composure. But that was so far from being sought after by the Danes, that it was absolutely rejected, even when offers were made to knit faster the bonds of friendship and neighbourhood, and if there were any controversie, to bring differences to a fair and equal account. Besides, by the agreements made heretofore at Stetin betwixt the Northern Kingdoms, and confirmed by the late Peace, in case any controversie should arise, there is extraordinary caution used to hinder the taking of Arms, and a way of proceeding set down.N. 47. which the King of Denmark should have observed, nor indeed could he neglect the same without the forfeiture of his faith, when the Swedes had made it appear, that if there were any grievances, they ought to be redressed by [Page 58]that method; yet he neither did nor admitted any thing agreeable thereunto. The pacification also of Germany in the Instrument of peace at Osnabrug contains the manner of proposing and determining incident controversies, with a severe and solemn prohibition (under the penalty of breaking the peace) against beginning a war upon such accounts. Yet the King of Denmark not caring for all this, hath done nothing of that which was desired, but presently thrust his sword into the very bowels of Germany. Seeing therefore no war is just, but when it is necessary, what can be more unjust then that, which had not begun, if he could have bridled his revenge, and his blind ambitious defire of making not Sweden onely, but all the world tributary to him in the Sound? But he might have forborn it, if he had not perversly rejected those things that were treated and brought to conclusion concerning the preservation of peace and making a League, without any probable reason, onely out of the presumptuous perswasion of his strength and the opportunity. When you look upon the Danish demands, you will find such things proposed as by their impossibility sought for nothing but an occasion to break off the Treaty: They were such as were never heard of before, unworthy of Kings, nay grossely absurd. The scope of the Treaty was, the strengthening of friendship and confederation; and yet they desired to have those covenants dissolved, by which peace, friendship and safety was restored to, and did continue amongst Kings, Kingdoms, and Nations. It was under deliberation, how the Sea should be kept secure and free; and those things which Sweden put in execution to preserve the same according to the tenor of the Covenants, the Danes called Grievances. When it was suitable to friendship and mutual confidence, that every one should keep what was their own, they endeavoured to wrest out of the Swedes hands what they had lawfully gotten in war, and held confirmed in peace. When they could not say they were offended, much lesse wronged, in any thing, but that way was not given to their intemperate lust joyned with the losse and prejudice not onely [Page 59]of Sweden, but of the whole Sea and of those that trade therein; yet they would have imposed such a satisfaction as was to be required from conquered people. When all friendly and faithfull things were offered, they laboured to take away Provinces after an unusuall way under pretense of Security. These exactions, which use not to be made but upon subdued enemies, nor ever granted by any but a conquered Nation, are a demonstrative argument of no inclination to peace, and of a war long designed for those pretenses.
But the War was managed with no better skill, then it was begun. The first step whereof was an invasion of the Lands of the Germane Empire, and so a violation of that Peace, which had been recovered with so much bloud, such tedious labours and difficulties, after mortall destructions, amidst many millions of prayers and sighs for the same. Whether the premises do not render him guilty of breaking the Peace, and liable to the punishments due thereupon, we leave it to be judged by the tenor of the Imperiall Constitutions, and of the late pacification. After that, one of his principall endeavours was, to stir up his Majesties subjects (otherwise loyall enough) to Treason and Rebellion, to call in most cruell and barbarous enemies to the oppression of Christians, to bewitch his friends with false suggestions, to disturb the peace of so much of the Christian Church, as is made up of Protestants, and to cut off all the hope, comfort, assistance and relief, which they can onely expect from union and concord amongst the Northern Kings and Kingdoms. What mischiefs and dangers by that war hath already happened to, and do still threaten, not onely him and his territories (for which he may thank himself, as the authour of his own misfortune, deserving no pitty for such a voluntary offense) but his neighbours, and the common security and quiet of almost all the Northern World, yea and the safety of those that professe the Protestant Religion, every one sees, and many smart for it, yet without hope of aid and redresse from him.
Amongst so many unjust and horrible proceedings of [Page 60]the Danish war, there can remain no doubt of the justice of his Majesties defense: Onely it will hardly appear with what conscience and piety the Name of God, as witnesse and judge, is so often called upon in the Danish Papers. We leave the Danes to try the severity of Divine judgement, not to be deceived like men with corrupt Narrations; undoubtedly hoping, that God, the World, and the Sword, to which this controversie between Kings is committed, will be propitious and favourable to the juster side.
Their reproaches and bitter invectives so prodigally cast upon us, we do not return, being better instructed by the example of their confessed unhandsomnesse, but we passe by and slight them, thinking it fitter to answer them with the Sword, then with a railing tongue and the pedantry of a pen and inkhorn.
Just JEHOVAH, Judge and Revenger, be so present with our righteous Arms in a bountifull dispensation of prosperous successes, as Conscience, Confidence, Justice, and Glory clap their hands in favour of our Defense.
Note. The publick Acts and Records before-mentioned and often cited according to the numbers in the Margin, being not yet ready for the Presse, shall follow with the first opportunity.