Memorials of the English affairs, or, An historical account of what passed from the beginning of the reign of King Charles the First, to King Charles the Second his happy restauration containing the publick transactions, civil and military : together with the private consultations and secrets of the cabinet.

May, 1656.

[3.] This day the Protector gave the ho∣nour of Knighthood to Mnr. Coyett, The King of Swedens Resident here, who was now Sir Pe∣ter Coyett; and gave him a fair Jewel with his Highness Picture; and a rich gold Chain, it cost about 400 l.

The Lord-General Fleetwood told Whitelock, that he had some Enemies at Court, that were * 1.1 willing to keep him from being of the Council; The objections they had against him were two: first, that in the Treaty which he made with the Crown of Sweden he had consented unto Passes for Ships, which the Council here said would be very inconvenient for our Affairs, especially now that we had War with Spain; and that he had con∣sented to the specification of Contrebanda Goods, which would also be very Inconvenient in Rela∣tion to our War with Spain; and the other objection against Whitelock was, That he was a Lawyer; and they would show that the Coun∣sels might be carried on without the wise∣dome of Lawyers; which would but trouble and interrupt their proceedings by telling them what was Law upon every occasion; and their Affairs would not permit to tye up themselves to those Rules of Law.

Whitelock answered, That as to the matter of Passes, it was in his Judgment reasonable, and fit, and such as was between other Nations: and the Form left to the Council to be here agreed on, which they might make as strict as they pleased; and tho we had now War with Spain, yet we had none with them when this Article was made; nor could it be divined at Ʋpsall that we should have War with Spain two years after this Article agreed on: But if it were thought inconvenient; why then was it confirmed amongst the rest by the Protector, and his Council, and that not suddenly, but af∣ter a strict and neer disquisition, and examina∣tion by a Committee of the Council, of every Article of the Treaty, and comparing them with the Powers & Instructions given to White∣lock when he went Ambassador: and that Com∣mittee having made Report to the Council, That they found nothing done by Whitelock contrary unto, but pursuant and according to the Instructions given him, and to the advantage of the State,

The Council, and the Protector confirmed unanimously the Treaty by Whitelock made at Ʋpsall, and afterwards his Highness sent an express Envoy, namely his own Kinsman Mr. Rolle; with the ratification of this Treaty un∣der the great Seal of England to his Majesty the King of Sweden; and now after two years, there falls out a War between Spain and Eng∣land begun by us, which was in our power to have forborn, and one or two Articles in the Treaty made so long before may prove Incon∣venient as to this War; This will not be found by indifferent Men any objection of much weight against the Treaty, nor Cause to lay blame upon the Ambassador who made it.

The Article of Contrabanda Goods is upon the same grounds to be excused as that of Passes, alike left to the Council to specifie the parti∣culars; and after an Examination alike confir∣med; with this, That seldome any Treaty is * 1.2 made without the Specification of them, and the late Council of State did give in a Paper un∣to Mnr. Bonele the Queen of Swedens Commis∣sioner here, specifying Contrebanda Goods in the time of our War with the Low Countries; which was a Precedent and Warrant for White∣lock to do the like.

As to the 2d. objection concerning his be∣ing a Lawyer, he said he accounted his Proces∣sion his greatest Honour, and that it did not make him the less capable of serving his Coun∣try; as the late Long Parliament thought, by whom he was constantly elected to be of the Council; and former ages had the like good opinion of his Profession, but if the present age were wiser than our Ancestors, it was because they had 200000 Men in Arms to prove them so; and if they disliked the profession of the Law, It was because the Law is the only oppo∣ser of unlimited will, and Arbitrariness, which did not love to be curbed.

And he thought it was no great unhappi∣ness to him to be out of those publick transacti∣ons of this time, which he conceived might not prove, in case of another change, wholly free in themselves from all manner of objections; and perhaps in some particulars, wherein the trou∣ble of being informed that they were contrary to the Law of England would not have been to the prejudice either of the Actors or of their Acti∣ons; but in time it will be understood that the Law was a good Bulwark for the defence of the rights of the People of England.

[6.] The Swedes Ambassador again com∣plained * 1.3 of the delays in his business, and that when he had desired to have the Articles of this Treaty put into Latine, according to the cu∣stom in Treaties, that it was 14 dayes they made him stay for that Translation; and sent it to one Mr. Milton, a blind man to put them into * 1.4 Latine; who he said must use an Amanuensis to read it to him, and that Amanuensis might pub∣lish the matter of the Articles as he pleased; and that it seemed strange to him there should be none but a blind Man capable of putting a few Articles into Latine. That the Chancellor with his own hand penned the Articles made at Ʋp∣sall, and so he heard the Ambassador Whitelock did for those on his part. The Imployment of Mr. Milton was excused to him, because several other Servants of the Council fit for that Im∣ployment were then absent.

[8.] Upon Summons, the Lord Fiennes, Strickland, Whitelock, and Secretary Thurloe met at the Council Chamber and they spent about an hour in considering the several particulars of the present Treaty with the Swedish Ambassa∣dor, his proposals of alteration in some points formerly treated on with him, and the Coun∣cils Votes therein; they went from thence to the Ambassador all but the Secretary, and Com∣plements being past they fell to their business, and most of the alterations propounded by the Ambassador, being but difference of Expression only, were agreed.

The main things upon which they differed * 1.5 were, Whether Pitch, Tarr, Hemp, &c. should be Contrebanda goods, or not. The Ambassador was earnest that they should not, and remembred

his former Arguments, and Reasons upon this point, and said that his Master could not consent unto it for Examples Sake to others.

The Lord Fiennes urged the vote and resolu∣tion of the Council upon great debate and rea∣son, during the time only of our War with Spain who could not subsist without the Com∣modity; and if we should permit it to be no Contrebanda goods with the Swedes, the like would be expected by the Dutch, and other Na∣tions, and thereby we should give way to the furnishing of our Enemies with that which they most wanted, and where-with they could most offend us.

The Ambassador alleadged the inconvenience to their Trade, if it should be admitted, that it was their Native Commodity and not of any other Na∣tion, that the Swedes had little Traffick with Spain: that other Nations would supply them if the Swedes did not, That in the list of Contrebanda goods given in by the former Council of State to Mur. Bonele these Commodities were omitted, and so he hoped would be now; and the rather because it was agreed at the Treaty at Upsale that they should be specified within 4 Moneths; and it was then taken for granted as the Lord Whitelock knew well, that these Commodities should not be taken for Contre∣banda.

Whitelock answered, That at the Treaty at Up∣sale the General was only agreed, that there should be a Specification within 4 Moneths, in which time none was here on the part of Sweden to agree to a denomination of particulars; That it was left to the future Agreement to Specifie them, and no par∣ticulars agreed upon at Upsale, that sinee that time there was a great Change both in our Affairs, and in those of the King of Sweden, which must necessarily be regarded in the Specification of Contrebanda goods; and our War with Spain did require a Spe∣cial Care not to suffer them to be furnished with such Commodities with which they would most offend us, as the Lord Fiennes had declared; that if the Swedes had little Traffick to Spain, his Excellency might with the less prejudice to them agree that these Commodities should be Contrebanda, That the Paper given to Mnr. Bonele was when we had no War with Spain, or any other Nation, & perhaps the Commodities not then in debate. Strickland men∣tioned the Low Countreys prohibiting these Commodities to be brought to us, in our War with them.

Mnr. Coyett said, That was never submitted un∣to by any Nation, that could be strong enough to withstand it.

The Ambassador said, he could tell them a plea∣sant Story, which was nothing, but of the Hol∣landers releiving with provisions, and powder a Town, while it was besieged by the States, and so he said, other Nations would supply the Spa∣niard, if they did not.

The Lord Fiennes proposed the former design of our Merchants to buy up at a certain Rate all those Commodities from the Swedes.

The Ambassador said, That would require a long time, to alter the Factors, and Assignations, and places of Shipping, and the price; and many other particulars, which could not easily, nor quickly be done: and that those goods were most in private hands of Merchants.

Whitelock said, the same goods at the same places of Shipping, and at a certain price all to be vended, he thought, would be quickly agreed upon by private Men being for their advantage. Nothing was concluded upon this point.

Then the Ambassador excepted against the words in the Specification of Contrebanda goods viz. (Instrumenta Bello inservientia) saying that this did take in all things what soever, for they might serve for War: and he desired the words might be (Instrumenta Bellica) as words less capacious than the other; this to please him with his own expressions, was consented unto.

The next great debate was upon the point of Passes, which the Ambassador said were neces∣sary to be had and agreed upon, or otherwise the people of his Master must be still great Suf∣ferers, and be highly oppressed as they had been in the time of our War with the Dutch; and he grated much upon those Injuries which could not be prevented, but by Passes, which were ex∣presly agreed upon by the Treaty of Upsale.

Whitelock said, That in England, and other Countries people were apt to loose their sight in their own Cases, and that when both sides were heard the same appeared to be true; and he did believe the like would appear when both parties came to be heard in those Cases, whereof so much Complaint had been made by one party only to his Excellency. And that the Article for Commissioners on both sides to be appointed both for past Injuries, and for the future, to give a just Satisfaction, he did believe would prevent the like hereafter, and be of great ad∣vantage to both Nations.

That what was agreed at Upsale did appear in the Articles of that Treaty, which as to Passes did Consent that there should be such, and the Form on∣ly referred for a future Agreement; and there is nothing else but the Form to be agreed on; and that seems difficult enough, to avoid the deceits in Counterfeiting of them, and under pretence of them to have other Nations carry prohibited Goods to our Enemies; and by reason of the Change of Affairs since that general Agreement, there must of necessi∣ty be a greater Care to avoid Inconveniencies which may arise by those Passes.

That the Proposition of giving power to the Commissioners on both sides, to hear and deter∣mine all differences upon the bringing in of any Ship suspected justly to have a false Pass, or prohibited Goods in her, will prevent the delayes and Injuries complained of, and be a means to pre∣serve the Amity of both Nations the better.

The Ambassador with some quickness reply∣ed, That by the Treaty of Upsale (and of necessity it must be so) A Ship showing her Pass was not to be troubled any further, nor to be brought in at all, but permitted to proceed in her Voyage without any vi∣siting, or examination.

Whitelock said, That by the words of the Arti∣cle of Passes in that Treaty, the Ship showing a true Pass was to be permitted to proceed in her Voyage, but if there were a just suspition of a Counterfeit Pass, or having Prohibited Goods, no words of that Article did forbid the bringing in of such a

Ship, but provided that such should be punished; which could not well be without an Examination; nor can the matter be examined unless by bringing in the Parties concerned before the Judges, which are to examine them; and it will be more for the advantage of both parties to be brought only to Do∣ver, or Plimouth, or Hull, or other Convenient Port Townes; and before Commissioners whereof some are their own Countrey-men, rather than to the Court of Admiralty, against whom they have made so many Complaints before.

The Lord Fiennes seconded that proposal, of Commissioners to determine all Matters of this Nature. And said, that the Article of Passes in the Treaty of Upsale could not be understood that Ships showing a Pass although Counterfeit, or having Prohibited Goods should nevertheless be free from Examination; Neither did the words of that Article import any such Sence, but agreed those to be punished, who should do any thing contrary to that Articles, And that having a Counterfeit Pass, or Prohibited goods, would be contrary to that Ar∣ticle.

The Ambassador said, That if any Ship were brought in upon such a Suspition, if it did not prove true, the Parties would suffer great Injuries by being brought up.

The Lord Fiennes and Whitelock said, That the Commissioners in such Cases were to be impowred to give satisfaction out of the Parties Estate, who should do the wrong; and if that were not sufficient then the State to make it good.

The Ambassador went off from this point, and mentioned the Forfeiture for having Prohi∣bited goods, proposed by the Councel to be those goods, and the Ship also where they were found, which he said, was unreasonable, and would ruine their Trade, if consented unto; nor was it ever done in any Treaty that he had seen: but he proposed, that the Prohibited goods only should be forfeited, and no other goods in the Ship; nor the Ship in any Case.

The Lord Fiennes said, That if the Forfeiture should be so small, as the Prohibited goods only, it would encourage People to adventure to carry those Goods; and that the Forfeiture of the Ship, would cause the Master of it to take care that no Prohi∣bited Goods should be taken aboard his Ship, and he might have security of the Merchants, which would prevent any damage to him, or to the Ship, or Trade.

Several other Matters were debated amongst them; but it growing late, they came to no Conclusion, but each insisted upon their own opinions, and little was agreed, but only to meet again the next Tuesday.

[13.] Tuesday. The Commissioners went to the Ambassador of Swedens House about 5 a Clock this Evening, where they had a long de∣bate with his Excellency upon the former points not agreed on; First about the Enumerating amongst the Contrebanda Goods, Pitch and Tar, and Hemp, &c. To which the Ambassador would in no wise yield; and dilated upon the same Arguments he had before urged on this Mat∣ter, adding this, That it was known to the Lord Whitelock That in Finland it was their Chief Commodity, which if they should not vend yearly, having great quantities of Pitch and Tar, the Coun∣trey could not subsist; nor would the Commodity last above one year in the Vessels; but by reason of the great strength of it, being kept longer, it would break the hoopes of the Vessels, and be lost, and if the least Restraint should be put upon the vending of it to any place, the Inhabitants of Finland would think them∣selves undone; and it would be a great prejudice to their Trade; besides if it should be forbidden to be carried to Spain, it would cause the Spaniard to seek out elsewhere for Pitch and Tar, and possibly it might be had in America, and if that should come to pass it would wholly overthrow the Trade of Fin∣land.

Further he said, That in case the Spaniard should want their Pitch and Tar, that yet he had the Oyl of a certain Fish, which he could make use of instead of Pitch and Tar, which might turn to the great prejudice of his Masters Subjects.

The Lord Fiennes answered as formerly these Arguments, and said, That if the Swedes had so little Trade with Spain, the forbearing of it during our War would be the less prejudice to them; that the restraint would be only as to Spain, not as to any other Nation, and but for a time, during our War with Spain.

Whitelock said, That the Pitch and Tar from Finland was to be had in great quantities, and bet∣ter and at a lower rate than it would be had from America, and so long there would be no danger to the Trade of that Countrey, and for the Oyl of the Fish, which the Spaniard might make use of, it was perhaps in case of Necessity, when they could get no Pitch and Tar which was so much to be preferred before that Oyl, that the Oyl would never be made use of if they could get the other.

Whitelock also seconded a Proposition made formerly by the Lord Fiennes, That some Decla∣ration should be agreed on, that Pitch and Tar was not determined one way or other, as to Contreban∣da Goods, but left to know the Kings pleasire a∣bout it: and in the mean time it should not be taken to be omitted as not Contrebanda Goods; which last part he thought might be left out of the Decla∣ration, this was thought worthy Consideration by the Ambassador, and from thence they went to the point of Passes.

Wherein the same Arguments were used as formerly on both parts, the Ambassador much enlarging himself in the Repetition, affirming also that both this matter of Passes, and that of Contrebanda Goods, were once agreed upon as now he desired, and as he could prove, though now the War between us and Spain had occa∣sioned us to stand upon these alterations on our part.

The Lord Strickland mistaking the Ambassa∣dor, and very ready to know any thing which might reflect upon Whitelock, demanded if these things were agreed in the Treaty of Upsale.

Whitelock answered, That he supposed that Treaty had been perused, and no such matter would be found to be agreed in it, but the general only that there should be a specification of Contrebanda goods, and a Form of Passes to be agreed upon here.

But Whitelock understood these words of the Ambassador to reflect upon him; and upon a Letter which Whitelock by direction here had written to Mr. Laggerfeldt., to this effect, That he had presented the Form of Passes and the list of Contrebanda goods, which was delivered to him at Upsale, unto the Councel here, and he did not doubt but that there would be a good Agreement upon them; But Whitelock not having any Copy of his Letter to Mr. Laggerfeldt, nor any writing, or order to Warrant his Letter; and the Re∣flection upon it by the Ambassador not being plainly expressed, nor observed by his Fellow Commissioners, he thought it best not to take notice of it himself, nor to draw it in question, but insisted upon the Treaty of Ʋpsale in the Answer to it; and again mentioned the former proposition of Commissioners to be appointed for restitution, who might also have power to de∣termine the difference upon the bringing in of any Swedish Ship hereafter in a Summary way, and to be resident at convenient Ports near the Sea. But this the Ambassador did not think good to assent unto, and this brought in the de∣bate concerning these Commissioners. Where∣in the Ambassador insisted to have rules given to the Commissioners for restitution, which he had set down in writing, and were to this Ef∣fect, That these Commissioners should give damages to such Swedes whose Ships had been brought in, and questioned here, during our War with the Low-Coun∣tries, if those Swedes should bring before the Com∣missioners Certificates from Port Towns, or Gover∣nours of the King of Swedens Territories, that those Ships so brought in were then belonging to the Kings Subjects.

The Lord Fiennes said, That this seemed not to be reasonable, to give Rules now, for that which was done before the Rules were given, That here and in other places it was no difficult thing to obtain Certi∣ficates from Towns upon Misinformations, or upon particular Affection, and this might prove to the great prejudice of England; That in our Treaties with France, Denmark, and Holland wee had an Article appointing Commissioners for Restitution, and in none of them were any such Rules given; yet they proceeded to determination of the differences secundum aequum, & bonum, and there was a ve∣ry good Issue of it.

Whitelock said, That Laws, and Rules were not to be made to look back: that the particular Cases which should come before the Commissioners were to be considered according to such Circumstances only as were then in question, when the business was for∣merly under Examination; and to bring Supple∣mental Proofs now, and to procure subsequent Passes, and Certificates, might be a means not only to give Restitution to all Swedes, but to the Dutch also.

The Ambassador answered, That the Treaties with Denmark, and Holland upon the point of Restitution were in single Matters, as that of seising our Ships at one time in the Sound, and that of Amboyna, But in this Treaty, it was upon many particulars.

They agreed it being very late to have a De∣claration drawn up, as was moved concerning Contrebanda Goods, as to Pitch, and Tar, and Hemp, &c. and to meet again this day Seven∣night.

[20.] Tuesday. The Commissioners accord∣ing to the former appointment met at the Swe∣dish Ambassador's House this Evening, where the Lord Fiennes did acquaint his Excellency, That since the last Meeting, those Matters which remained yet in difference, and were not fully a∣greed upon were tendred to the Councel, who upon serious debate and Consideration thereof, were of opinion that they would in no wise depart from the former Resolution. But thought it very reasonable to be insisted on, that Pitch and Tar and Hemp, should be accounted Contrebanda goods during our War with Spain, and his Highness and the Councel being of this opinion, and understanding that there was but little Trade between Sweden, and Spain, and therefore the inconvenience to have them Contrebanda Goods would be the less to the King of Swedens Subjects; but on the other side it would be so great a prejudice to England, to have the Spaniard at this time to be supplied with those Commodities which they had need of, His Highness and the Councel did hope that the Am∣bassador would consent to have them specified a∣mongst the Contrebanda Goods, and that the Declaration by way of Expedient drawn up, and sent by his Excellencie to the Lord Fiennes, being considered by the Councel, they were of opinion that the same did determine the question that they should not be accounted Prohibited goods, and afterwards Referred them to a future determination; and in the mean time it might occasion differences and quarrelling upon that point between the People of both the Nations.

The Ambassador endeavoured to maintain the reasonableness of that Declaration, and said, That he would not agree to have Pitch, &c. to be specified among the Contrebanda Goods, and repeated his former Reasons, and Arguments at large upon that Subject, and in the conclu∣sion said, that it was once approved of here after the Lord Whitelocks return from Sweden, that they should be lest out of the number of Contreban∣da goods as he could make it appear. And then called to his Secretary for a Paper; which be∣ing given him. Whitelock did imagine to be a Letter that he had written to Mr. Laggerfeldt, and thereupon thought fit to mention it first himself, and said, that he had observed now, and at former debates that the Ambassador did glance at a Letter which he had formerly writ to Mr. Laggerfeldt, and lest more might be apprehended of it than the Letter it self would bear, he thought fit himself to acquaint what it was which he did ima∣gine the Ambassador intended by those expres∣sions.

He told them, That after his Arrival in Eng∣land, and an account given by him to his Highness and the Councel of his Negotiation in Sweden, and the same throughly looked into and approved, His Highness and the Councel thought fit to Con∣firm the Treaty made by him at Upsale, and there having been some debate concerning the Articles of Passes, and of Contrebanda Goods; the same were also ratified with the rest, That this being done, Whitelock thought fit to certifie Mr. Lagger∣feldt thereof, which he did by Letters not long af∣ter; and the Ambassador having before intimated something of these Letters, Whitelock thought good to look out the Copies of them amongst his Pa∣pers, and found nothing in them to this purpose; but only that his Highness and the Councel had ra∣tified the Treaty made by him at Upsale, and had

agreed that there should be a list of Contrebanda Goods, and a Form of Passports which was part of that Treaty, but nothing was said in that Letter of the Form of Passports, or list of Contrebanda Goods given in to him by the Queens Commissioners at Upsale, nor that those were by Whitelock deli∣vered in here, or that those were agreed upon by his Highness and the Councel.

That he had not the honour to be of his Highness Councel, and that his Commission of Ambassador was then ended, and that he wrote this Letter as a private Man; and if it had been as a publick Person, yet nothing of Weight, as to this Matter, could be collected out of it, the words being as he related.

To this the Ambassador made no Reply, but gave back the Paper again and said, he believed that the Lord Whitelock when he was at Upsale would not have insisted that Pitch, and Tar, and Hemp should be accounted Prohibited Goods.

The Lord Fiennes said, he perceived that there was much debate at Upsale concerning these Points which occasioned the Lord Whitelock to refer the determination of them to the Lord Protector and his Councel to be determined by them here.

Whitelock said,

That indeed there was much debate at Ʋpsale concerning these Mat∣ters, especially about Passes, and he thought fit to refer the determination thereof to His Highness and the Councel; and was glad he had done so, and the more because of the dif∣ficulty now made here about them, he did in∣genuously Confess that when he was in Swe∣den, England being then in War with the Dutch, his Judgment was not to insist upon the having of Pitch, &c. to be Contrebanda Goods, but rather that they should not be esteemed so; and his reason was because the Dutch could have them notwithstanding, by small Vessels, which should take them in at Hamborough, or have them brought from Lu∣beck most part of the way by Water (except about 20 miles by Land) to Hambourgh, and from Hambourgh in those Vessels they could bring them down the Elbe, and from thence by the Flats which are shole Waters full of Sand, on the Coast of Bremen, and so along to Holland without going at all into the open Sea, or coming within the danger of our Ships which could not come among those Flats, nor hinder the Dutch from having of those Commodities. But on the other Side they could not be brought to England but through the wide Sea, where they were subject to the danger of being intercepted by our Enemies, and if he should then have agreed to have them Contrebanda Goods, he conceived the same would have hindred England's being sup∣plied, and not have hindred our Enemies having of them. But now, he said, our War with Spain had made a great difference as to that Matter, because they could not have them but through the wide Sea where they must be brought by us, and we should watch the Conveyance of them.

The Lord Fiennes then fell upon the point of Passports, and said, that if his Excellency did * 1.6 not approve of the Proposal for the Commissioners for restitution to examine, and determine all dif∣ferences upon the bringing in of Ships for the fu∣ture, that then a Form of Passports should within a few dayes be sent unto him, which the Ambassa∣dor seemed to acquiesce in.

Then the Lord Fiennes said, That his Highness and the Councel had likewise considered the Rules which his Excellency had proposed for the Commissioners for Restitution of Damages to walk by, and did apprehend the same to be very unequal, to make Rules now for Cases that had been formerly adjudged, and to give such Regard to Certificates to be now procu∣red for Matters long since past, and said that ei∣ther from some place in Sweden, or Denmark, or some of those Parts, a Counterfeit Pass had been procured as was proved, and confessed.

The Ambassador seemed to be Nettled at the mention of a Counterfeit Pass procured from his Country, and said, they did so highly value their Honour, that if any should do such a thing, he would not be received in any honest Company after∣wards, and said that in his Countrey they esteemed Certificates from good men, or from Magistrates of Towns far better Testimony than Witnesses upon Oath, if they were not of great Quality, who did testifie upon Oath; and he much insisted upon the having of those Rules, and urged the same Arguments, as formerly.

Whitelock said,

That to give these Rules to the Commissioners were to make a Law with a Retrospect, and to judge the Cause beforehand, but it would be more equal to leave the Commissioners to judge upon all Circumstances, and the whole Matter to be before them, which would not be if they were tied up by Rules, nor could they then proceed secundum aequum, & bonum.

The Ambassador replied somewhat impatiently,

That he should be glad to know whether his Highness and the Councel did intend, or not (as he hoped they did) that restitution should be made to those who had suffered Damage being our Friends during our War with the Dutch, and that without some rules to be given to the Commissioners for restitution, it would be impossible ever to expect any Sa∣tisfaction for their Damages.

The Lord Fiennes said, That it did appear that his Highness did really intend that a just sa∣tisfaction should be made for any wrongs done, or else he would never have consented to this extraordina∣ry way of Referring it to Commissioners, whereof the one half were to be Swedes, to determine those Matters, when he might have left those Matters to the ordinary Judicatory of the Nation, the Admi∣ralty Court for a final determination.

Whitelock said, That the Admiralty Court here did proceed according to the Law used amongst most Nations in Europe in Maritime Affairs, and was the Judicatory, which both the English themselves, and their Friends were to submit unto; if they had done any wrong the same would be now examinable before the Commissioners, and the Lord Protector had shewed a very real desire to give Sa∣tisfaction to the King of Sweden, and to his Sub∣jects by consenting to have Commissioners to deter∣mine these Matters which he might have left, if he had pleased, to the Ordinary Judicatory of his own People in the Court of Admiralty.

The Ambassador had some other touches a∣bout Contrebanda Goods, and the Lord Fiennes said, That they were informed, that by the Civil Law Pitch and Tar and Hemp were accounted Contrebanda Goods; wherein Whitelock was not so fully satisfied, as to second him in this point.

The Ambassador said,

That he wished he might have had the happiness to have known the mind of his Highness and the Councel in these Matters 4 or 5 Moneths agone, that then he might have returned to his Master, and not to have staid so long a time here to no purpose. That he could not now stay so long as to send to his Master (as the Lord Fiennes moved) and to have his Answer con∣cerning these Commodities as to Contrebanda Goods.

He likewise desired to be excused that he could not consent to a proposal on our Part that Rebels goods, and prizes being brought into each others Harbours should be seized upon; and all taking Commissions from Charles Steward, or from any Prince or Per∣son who was not in Possession of any Territo∣ries should be taken for Pirates.

Whitelock said,

That there was a clear difference between Enemies, and Rebells a∣greed by Grotius, and the antienter Civilians; that where there is an Allegiance there to take up Arms is Rebellion, where there is no Allegiance there they are Enemies.

The Lord Fiennes proposed to leave out the words Charles Steward, and to let the Article go generally of taking Commissions from any who had no Territories, and agreed the difference be∣tween Rebels, and Enemies.

The Ambassador said,

They were all one that were in Arms against them, that he could not Consent to any part of this Arti∣cle, That if he should, it would make many to be their Enemies which now were not, and those of Dunkirk and Ostend would fall upon their Ships, That Sweden had never medled with the differences amongst us in England, That whatsoever was reasonable in this kind was already sufficiently provided for as a∣gainst Rebels and Traytors, by the Treaty made by the Lord Whitelock at Ʋpsale.

The Commissioners came away appointing to meet with the Ambassador again on Tuesday next.

Notes

• * 1.1

  Whitelock.
• * 1.2

  May.
• * 1.3

  Swedes Ambassa∣dor.
• * 1.4

  Milton.
• * 1.5

  Contre∣banda.
• * 1.6

  Passes.