Memoirs of Denmark, containing the life and reign of the late K. of Denmark, Norway, &c., Christian V together with an exact account of the rise and progress of those differences now on foot betwixt the two houses of Denmark and Holstein Gottorp ... taken from authentick letters and records / by J.C., Med. D., Fellow of the Royal Society, and a Member of the College of Physicians.

CHAP. IX. Of the differences arisen betwixt King Christian V. and the young Duke of Hol∣stein Gottorp, after the Death of his Father, Duke Christian Albert.

AFter the Death of Christian Albert, the late Duke of Holstein, which happened about the Year 1695, his Son Frederick began to take quite other measures, from what his Father had done of late Years;* 1.1 For, he not only entred into a more strict Alliance with Sweden, but also took some of their Forces into his Service, and considerably augmented his own Troops, with∣out any previous Communication with the King of Denmark. Whereupon the last sent to the Duke two of his Ministers, to wit: Monsieur Lilien Crown, a Member of his Privy Council, and Monsieur Schroeder, to represent to him, that, being, that time of the Sessions of the Pro∣vincial Court of Justice did approach, in which, pursuant to the Tenour of the antient Unions, the Duke was to preside as Condominus, for this Year, His Majesty had hitherto put no stop to the calling of the said Assembly, and had con∣sented that the Ceremony of the Homage should be performed, provided it were done in due Form, and pursuant to the antient Customs and Constitutions made for the maintaining a constant Union and Communion between the

two Houses; but the Duke having transgressed these Bounds by taking Foreigners into his Ser∣vice, and making new Levies without his Con∣sent, he had ordered his Ministers to desire him, first, to let him know, what Share, by vertue of the deceased Duke Christian Albert's Testa∣ment, his younger Brother Christian had in the two Dukedoms? Secondly,* 1.2 That he would re∣new the antient Union betwixt these two Houses; and thirdly, That he would be pleased to send back the foreign Troops.

The two last he positively refused; as to the first, he ordered his Ministers to give them the following Answer:

That the Duke could not but be extreamly surprised at the King's Demand,* 1.3 to Communi∣cate to his Ministers the Contents of his Fa∣ther's Testament, to shew his Legal Title to the Inheritance of the Dukedom of Sleswick, being devolved to him by a Legal Right of Succession; and, that therefore he did not think himself obliged to give any further Answer up∣on that Account; especially, since he did not remember, that the King, after the decease of his Father King Frederick III. had made out his Title to his Father the Duke Christian Albert; nor did he expect now any thing like it from him. That he was of Opinion that the King of Denmark had not the least concern in his Fathers Testament, he being not made Execu∣tor of it; for which Reason also his Majesty had the less reason, to desire the same to be Communicated to him.

This Letter together with the Dukes Reso∣lution upon the two other Points, were so ill relishing to the Danish Court, that they gave

the Duke to understand that he must not take it amiss, if they should take other Measures, such, as would not be agreeable to him, if he persisted in the same Humour; upon which the Duke declared, that he would Consent to renew the Union, but no otherwise than under certain Re∣strictions, and not before he were satisfied con∣cerning certain Points, which he claimed by ver∣tue of the last Treaty of Altena; all which we shall have occasion to speak more at large of hereafter, when we come to the Point of exa∣mining the Reasons alledged on both sides, for their Justification; We will only mention it this place, that the Danish Court looking upon those things as Evasions to avoid, or at least to delay the said renewing of the Antient Union, Matters seem'd to tend to an open Rupture at that time, if by the interposition of those Princes, who had been Mediators at the Treaty of Altena, both Parties had not been prevailed up∣on, to endeavour to terminate those Differences by an Amicable Composition.

The King of Denmark, whose Health began then already to be in a declining Condition, be∣ing very unwilling to Embroil his Kingdom, was for Contributing all what possible he could to prevent a Rupture, and therefore accepted of the Mediation, provided it could be done without any prejudice to his Legal Right, and ordered his Ministers,* 1.4 that at the opening of the Conferences, began at Pinnenbergh in the Year 1696. they should enter this following Pro∣test; That the King of Denmark was very wil∣ling to Contribute all what lay in his Power to facilitate this Negotiation, provided it might be done without impairing his Right, pursuant to

the Antient Unions; and that,* 1.5 if the Duke in the mean while should make any Innovations to his prejudice, he would look upon it, as an actual Breach, and that the Conferences were at an end.

The Ministers Mediators did not only Attest, and insert into their Records the said Protest; But also ageeed upon a Deed, Signed by them with joint Consent,* 1.6 that those Conferences should not in any wise be interpreted, as prejudicial to the Constitutions of the Antient Hereditary Unions betwixt the two Houses of Denmark and Hol∣stein Gottorp; and, that, in Case the Duke should pretend to make any Innovations during the time of those Conferences, They would, by ver∣tue of their Authority, as Mediators, prevent the same; and especially put a stop to all new Levies, to the receiving any more Foreigners into his Service, and the finishing these Forti∣fications he had begun.

The Conferences being set on Foot upon this Basis, the Ministers of the Duke of Holstein Gottorp, putting a quite different Interpretati∣on upon the Second Article of the Treaty of Altena, than would be allowed of by the Danes, demanded not only what was granted to the Dukes of Holstein Gottorp by vertue of the Trea∣ties of Roshilt and Copenhagen, but also to be Confirmed and Maintained in those things, which were introduced since that time, during the Contests betwixt those two Houses, which they pretended, to be confirmed to them, by the beforementioned second Article, which is as follows:* 1.7

His Danish Majesty obliges himself to Restore to the Duke of Holstein Gottorp all his Lands and

Possessions, especially the Seat, called Gods Gift; his Soveraingnty, Royal Rights and Prerogatives of gathering Taxes, making Alliances and erecting Fortifications, to Confirm the said Duke in the Possession of them; as likewise in all his rights and Prerogatives, in the same manner as he was possess'd of them, both before and since the West∣phalian Peace, and the Treaties of Roshilt and Copenhagen, till the Year 1675; as likewise all what the said Duke may justly lay claim to by Vertue of the Peacemade at Fountain Bleau; all which beforementioned Treaty's are Confirmed by these presents, &c.

But, whilst both Parties were contesting a∣bout the Interpretation of this Article, the Duke's Ministers pretending that thereby the Duke was Invested with a more ample Power than he had before that time; whereas the Da∣nish Ministers alledged, that the Words: Hi•• Majesty restores the Duke to his Rights, in the same manner as he has been possess'd of them both before and since the Treaties, &c. made it evident, that no new Power was thereby intended to be granted to the Duke, but only to Restore to him, what he had been Possess'd of before, by ver∣tue of the abovementioned Treaties; whilst, I say, these Contests were in agitation at the Con∣ferences of Pinnenbergh, the Duke did perfect his Fortifications, and took more Foreign Troops into his Service, the better to Maintain him∣self against those who should oppose it; so, that the King of Denmark to hinder his further Progress, and to shew to the World that he was resolved to back his Protest, offered to the Mediators at the opening of the Conferences, with a sufficient Force, did attack and demo∣lish'd

the said Forts in the Year 1697. Which having not many Months ago been Rebuilt with Considerable Additions, this has occasion∣ed a new Breach between the present King of Denmark, Successor to his late Majesty King Chri∣stian V. and the present Duke of Holstein Gottorp, which having made so much Noise in the World of late, it will, I suppose, not be amiss, to mention here the Chief Heads, upon which each Party has founded their Pretensions.

The Differences lately revived betwixt the two Houses of Denmark and Holstein Gottorp, may conveniently be reduced under those three Heads:

First,* 1.8 Whether the present Duke of Holstein Gottorp, pursuant to the desire of Christian V. King of Denmark, is obliged to send back those Foreign Troops he has taken into his Service, and to stop his own Levies, made without the Knowledge and Approbation of His Danish Ma∣jesty?

Secondly, Whether he is obliged to renew and confirm the Antient Hereditary Unions? And Thirdly, Whether he ought to Communicate the Contents of the late Duke his Fathers Te∣stament, as far as it relates to the Succession in the two Dukedoms, to the King of Den∣mark?

For the first the Danes alledge the four fol∣lowing Reasons:* 1.9

(1) Because the Nature of the Communion in both Dukedoms require it;

(2) Because the constant Practice of both this and the former Age Confirm it.

(3) Because the Predecessors of the present Duke have frequently acknowledged it;

And (4) Because it is altogether Conform∣able to the Constitution of the Antient Heredi∣tary Unions betwixt those two Houses.

The first Argument they prove; Because the supream Authority,* 1.10 and the joint Exercise of Justice plainly evince, that neither Party is entitled to Act separately in any thing relat∣ing to the Government, without the Consent of the other; All Proclamations, and other publick Acts, such as imposing and gathering Taxes be∣ing Authorised by the Concurrence and in the Name of both the King and Duke. The Pre∣lates, Nobility and Cities, not excepted the Ci∣ty of Sleswick it self, the ordinary Residence of the Dukes of Holstein Gottorp, being obliged to pay Homage, and take the Oath of Allegiance, both to the Kings of Denmark and Dukes of Holstein Gottorp, at their first Accession to the Re∣gency; from whence arises the Words Condo∣minus and Condominium, so frequently used both by the late Duke and their Ancestors. Besides, That the Territories allotted to each of those Houses are so intermixt by their Situation, that it is impossible for the Troops of one of those Princes, to March thro' any considerable part of the Country, without passing thro' the other; by which it appears that the Ancestors of those two Houses intended to prevent all pretences of making separate Levies, without a mutual Con∣sent of both Parties; so, says they, That the Duke has no more Power to receive any Fo∣reign Troops in the Dukedoms, without the Approbation of HIs Majesty, than a private Person has to permit Strangers to take Possessi∣on of a House, which he has in co-partnership with others.

As to the Second Argument, they alledge se∣veral Instances,* 1.11 by which they prove that it has been the constant Practice observed by both those Houses, not to make any separate Levies, without the Consent of both Parties; it being certain, that the Antient Division and Situati∣on of their respective Territories being such, as not to admit of an unlimited Power in this Point, to either side, their wise Ancestors, pursuant to the true Intent of their joint Do∣minion, always looking upon it, as the Foun∣dation-stone of their safety, to Act in the De∣fence as well of their Country, as in the Ex∣ercise of the Government, with mutual Consent; the first of which had been introduced into those Countries several hundred Years before it fell to the Oldenburgh Family, as is evident from the several Compacts made betwixt the Earls of the Shauenburgh Family in the Years 1316, 1390, 1397, and 1404 from whence it is, that the Words of Communis Terrae (Sleswicencis & Holsatiae) de∣fensio, is so frequently mentioned in the Trans∣actions of the Antient Dukes of Sleswick and Earls of Holstein, to wit; in the Years 1226, 1250, 1260, 1264, 1328, 1358, and 1472. Up∣on the said Basis it was, that King Christopher III. Built his Union, the States having represented to him, that it would be very dangerous, both to the Prince and Subject, to divide their strength, in Case they should be attack't by an Enemy.

This Practice has been constantly observed till the Year 1657, before which time, no War∣like preparations were ever undertaken without Joynt-Consent, the summoning of the Militia of the Country, as well as the Levies of regular Troops being always undertaken, after mutual

deliberations in both Sides Names, every one bearing his Share in the Charges, the Officers as well as Soldiers being obliged to take an Oath to the Government in general. The Marches and Enquarterings of the Soldiery, the building of the necessary Forts, and their Defence, the Garrisoning of Places, the Disbanding or aug∣menting of their Troops, buying up of Provi∣sions, Artillery and other Necessaries, the In∣hibitions of further Levies, permitted to Stran∣gers, nay, even the entring into foreign Alli∣ances, or whatever else had any relation to the common defence of those Countries, being con∣stantly transacted with joint Council, and in the Name of both Houses. There are not want∣ing Instances, that whenever the Dukes did give but the least occasion of Jealousy upon this Ac∣count, the Kings of Denmark were never want∣ting on their part to admonish and contradict them, and to demand suitable Satisfaction, which the Dukes used to comply with either by resign∣ing those Levies to the Service of the Joint-Go∣vernment, as was done in the Year 1559. or else by giving publick Assurance, that they were in∣tended for the common defence of the Country, and were accordingly employed in that Service; Two remarkable Instances of which happened in the Years 1631 and 1644, as is evident from the publick Records of those Dukedoms.

As to what relates to the third Point,* 1.12 which is the acknowledgment of the Predecessors of the present young Duke, viz. That, as they were obliged to contribute their Share to the comon defence of the Country; so they were not entitled to any separate Levies, of this the Danes alledge several Instances in their behalf.

In a Letter written the 10th of May in the Year 1554. the then Duke of Holstein Gottorp Adolph excuses himself to the King of Denmark; That he, for weighty Reasons, had found himself under a necessity to make Levies of some Horse and Foot, in the King's Absence, not questioning but his Majesty would approve his Conduct. And when in the Year 1559. Frederick II. the then King of Denmark conceived a Jealousy at some Levies he had made, he sent some of his Ministers to the said Duke, to be truly inform'd of the Mat∣ter, who excused himself, that being then Col∣lonel of the Circle of the Lower Sxony (which he had not accepted of but with the King's good liking) he had made those Levies in behalf of the Circle and the Spaniards; notwithstanding which, at an Interview betwixt the King and the Duke at Nortorf, it was agreed, that those Forces, as well Officers as Soldiers, should be taken into their Joint-Pay, and swear Fealty to them accordingly.

In the Year 1611, Christian IV. King of Den∣mark, being engag'd in a War with Sweden, it was thought convenient, that some Troops should be raised for the Defence of those Coun∣tries; both Houses were so far from undertaking a Matter of such Moment, separately, that, tho' a pressing Necessity required it, both the King and the then Duke of Holstein Gottorp, John A∣dolph, did jointly make this Proposition to the Assembly of the Estates at Kiel, desiring that certain Deputies might be appointed, with whom they might treat concerning these Levies, and what depended on them.

The said Duke John Adolph, being summon∣ed to furnish his Quota for the defence of the Circle of the Lower-Saxony, in the Year 1613, he would not give them his Resolution, till he had communicated the Matter to the King in his Letter, dated the 25th of November, in these following words:

I was unwilling to give a positive Answer to the Demands of the Collonel of the Circle of the Lower Saxony, or to engage my self in any thing of this nature, without the Knowledge and Consent of Your Majesty, as the Joint Re∣gent and Lord of these Dukedoms; for which Reason, I gave them only this Answer, that I could do nothing in the Matter, without the previous Consent of Your Majesty.

There are frequent Instances, that Duke Frederick, the Successor of Duke John Adolph, did acknowledge both by Words and Deed the said Condominium, both in relation to the Civil and Military Administration of the Government; There is a certain Proclamation, dated the 28th of March, in the Year 1620, published under the Names of Christian IV. King of Denmark and Frederick Duke of Holstein Gottorp, which expresly prohibits any Levies to be made in both the Dukedoms without express Leave from both; such another Edict had been published before in the Year 1599; both which be∣ing renewed by mutual Consent of King Chri∣stian V. and the late Duke of Holstein Gottorp, in the Year 1671, it will not be amiss to insert the Letters which pass'd betwixt them, as far as they relate to that Subject.

An Abstract of a Letter from Christian V. King of Denmark, Norway, &c. to Christian Al∣bert, Duke of Holstein Gottorp. Dated Co∣penhagen 31 December, 1670.

IT is Notorious, that most of our Neighbours are making strong Levies both of Horse and Foot;* 1.13 and because we have all the reason in the World to fear, that they will endeavour to list what Men they can in our Territories, and it be∣ing our Opinion, that the same ought by all means to be prevented in time, before they ex∣haust our Territories of the best of our Subjects in this dangerous Juncture. It is for this Rea∣son We thought sit to make this Proposition to Your Highness, leaving it to your Consideration, whether it would not be convenient to prohibit all foreign Levies in our Territories, under se∣vere Penalties, by a Publick Proclamation; and to enjoin our Subjects not to enter into foreign Service, without our Joint-Consent.

The Answer of Christian Albert, Duke of Hol∣stein Gottorp, to Christian V. King of Den∣mark, Norway, &c. Dated Gottorp 4 January, 1671.

WE received Your Majesty's Letter,* 1.14 dated the 31th of the last Month; and as We are sensible both of Your Majesty's singular Care in preventing foreign Levies to be made in our Territories, and that our Subjects shall not enter into any foreign Service without our Joynt-Consent, pursuant to the Tenour of Our antient Constitutions; so, We will take effectual

Care, that a severe Proclamation shall speedily be publish'd in both our Names, against those Proceedings, which We will before hand send to Your Chancery at Gluckstadt, in order to pass the Seal.

The said Duke Christian Albert was so nice in observing every thing that had the least relation to this Communion, (even after he had obtained the Soveraignty by the Northern Peace) before things came to a Rupture betwixt those two Houses, that when in the Year 1662, he had an Intention of taking a Journey into Holland, he thought fit first to give notice of it to Frederick III. then King of Denmark, as appears from the following Letter.

Christian Albert, the Duke of Holstein Gottorp's Letter, to Frederick III. King of Denmark, Norway, &c. 12 Febr. 1662.

I Thought my self obliged to give Your Ma∣jesty Notice of my intended Journey into HOlland;* 1.15 which, as I did not judge conveni∣ent to undertake without Your Majesty's Know∣ledge and Consent, considering the present jun∣cture of Affairs, and how inseparably Your Ma∣jesty's and my own Interest are link'd together in these two Dukedoms; So, I offer by these presents, both, to Your Consideration and Care, and take this Opportunity of taking most humbly Leave from Your Majesty.

So, when in the Year 1668. His Imperial Ma∣jesty in a Letter directed to the said Duke, and dated the 7 of December, desired his Con∣currence in granting to him (Engaged in a War against the Turks) the Subsidy, called the

Roman Months, then in agitation at the Diet at Ratisbon, the Duke in his Letter to the King of Denmark, dated the 2 of Jan. 1669. says expresly: That he had return'd only a general An∣swer to the Emperour, till such a time, that he could know the King's Resolution, in a Mat∣ter, which concerned their joint Government.

So, there are many Instances of the said Dukes having opposed the separate jus armorum; (the main thing in dispute now betwixt the two Houses of Denmark and Holstein Gottorp;) The first is concerning a Fort erected by King Fre∣derick III. called Preisorth,* 1.16 upon which occasi∣on Duke Christian Albert, writ to the King of Denmark, the following Letter, dated at Gottorp the 29 of Jan. 1663.

Being informed that Your Majesty's Intention is to re-fortifie the place, called Preisorth, nay, that the same is actually begun, without being in the least Communicated to Ʋs, contrary to Antient Custom; I found my self obliged to re∣present this Matter to Your Majesty's Minister residing here, as a Novelty, introduced contra∣ry to the Sentiment of the Estates, now Assem∣bled at Kiel, and to desire that a stop might be put to it, but without any Effect hitherto, &c.

In the Yeaer 1672. a Difference being arisen betwixt the Ministers of Denmark and Holstein Gottorp, concerning certain Propositions, to be made to the next Assembly of the Estates, which the Danish would have done without the Ap∣probation of Duke Christian Albert, he writ the following Letter to King Christian V. dated at Gottorp, the 21 of April 1672.

We desire Your Majesty to consider accord∣ing to your great Wisdom,* 1.17 that there are no instances to be met with, when Matters relating to the common Defence of those Countries have been un∣dertaken, separately, without a previous mature deli∣beration in the Assembies of the Estates, and with∣out their unanimous Consent; or have been put in Ex∣ecution by Your Majesty and my Self, as joint Lords and Dukes of those Dukedoms. Wherefore I promise my self from your Majesty's Generosity, that you will not proceed further in this Matter, without calling together an Assembly of the E∣states, or our Approbation, according to Cu∣stom; it being certain, that hitherto the E∣states have not Consented to any new Preparations to be made for the defence of those Countries, nor have made any suitable Provision for it, pursuant to the Fundamental Constitutions of those Dukedoms, and of the Antient Hereditary Ʋnions, confirmed as such by the last Northern Peace. For which reason it is, that Your Majesty in consideration of this, will be pleased not to re∣cede from the Antient Custom, and not burthen us with any Novelties, so, that we may be in a Condition, to transmit the Rights we possess in those Dukedoms, of a joint Dominion, without any blemish, to our Posterity.

When in the next following Year, King Chri∣stian V. had ordered an Encampment of an in∣considerable Body of Troops in those Parts, he first Communicated his Intention to the said Duke, who thereupon sent him the following Answer;* 1.18 dated at Gottorp the 19 August 1673.

We received Your Majesty's, dated at Copen∣hagen the 16 of August, by the yesterdays Post, in which you are pleased to tell us, that con∣sidering

the present dangerous juncture, you think it absolutely necessary, to take effectual Care, that your strong-holds in these Dukedoms may be secured against any sudden Attempts; and that therefore Your Majesty has ordered two thousand Horse and Foot to those Parts, where∣of you thought fit to give Us timely Notice; As We give our Thanks to Your Majesty upon this Account, so We don't question but Care will be taken that an exact Discipline may be observed a∣mong them in their March, that no Detriment may accrue from thence to our Subjects.

In the Year 1674, the present Emperour being then Engaged in a War with France, desired leave from King Christian V. to make Levies in the two Dukedoms, upon which the said King asked the Concurrence of Duke Christian Albert, as appears from his Answer to the King, Dated the 21 of March, 1674, in which he returns Thanks to His Majesty; assuring him that, tho' no Application had been made to him up∣on that Subject from HIs Imperial Majesty, ne∣vertheless if His Majesty of Denmark did ap∣prove of the Proposition, he should also be rea∣dy to comply with it.

The late Duke of Holstein Gottorp's Father and Predecessor, Frederick, has given so many instances of this acknowledgment, as are too many to be repeated here; some few will suf∣fice for the present Argument:

There is a Letter from the said Duke Frede∣rick,* 1.19 to Christian IV. then King of Denmark, da∣ted the 24 of December, 1622, in which he pro∣poses to His Majesty;

That he thought it absolutely Necessary, that some Levies both of Horse and Foot should be

made, the sooner the better; and that, if His Majesty approved of his Resolution, he desired he would give his Directions to his Governour of those Countries, accordingly.

The King's Answer to the Duke, dated the 29th of December following, was: That he had sent Orders to his Governour,* 1.20 to hasten the said Levies with all possible Diligence, accord∣ing to the Duke's desire.

But, before the Duke had receiv'd this An∣swer, he sent another Letter, relating to that Subject to the king, dated the 28th of December, 1622, in which he told the King:

That tho' he had taken Care to Summon the Nobility and other Inhabitants, to keep them∣selves ready to oppose any Invaders;* 1.21 and that, tho' HIs Majesty had sent his Orders to Berent Peter∣sen, to hasten the Complement of his Company, and that with all possible speed; he had already im∣parted to His Majesty the Resolution he had taken of Levying a Troop of Horse; nevertheless, consi∣dering that a good Body of Foot would be more serviceable to them in Case of an Invasion, he was resolved to order (yet not without His Majesty's Con∣sent,) another Company of Foot to be Levied at the Charge of the Country, under the Command of John Schestede; and that he had sent the Commission for His Majesty, if he pleased to Sign it.

The King sent his answer to the said Duke, dated 13 Jan. 1623. telling him that he had Consented to those Levies, and had Sign'd the Commission accordingly.

In the Year 1634, the 4th of May, an Alliance was concluded betwixt those two Princes, one Article of which was: That, according to

Custom, no Levies should be made without their Joint-Consent.

The same being renewed in the Year 1636, it was proposed to the Estates, Assembled at Kiel, both in the King and Duke's Name, to raise 2000 Men.

Thus King Frederick III. and the said Duke proposed with joint-Consent to the Estates, As∣sembled at Kiel, in the Year 1653, that it would be Necessary to make some Levies, besides what they had on foot already; the same was done at the Assembly of the Estates in the same place, in the Year 1655. And in the Year 1656, the Estates Assembled at Rensburgh, having Consented to some new Levies, the same were made, both in the King and Duke's Name.

Thus in the Year 1657, just before the be∣ginning of that War between Denmark and Swe∣den, which had almost proved Fatal to the first, it was propos'd to the Estates, then Assembled at Flensburgh, both in the King and Duke's Name, that it would be very requisite to increase their Forces, and to make, (besides the Danish Troops, that were already upon the Frontiers of the two Dukedoms) some new Levies, which was done accordingly, both in the King and Duke's Name.

But there being one most remarkable instance of the acknowledgment of Duke Frederick, con∣cerning the Point in question, it ought not to be left past by in silence here.

It is to be observ'd, that in the Year 1633. Charles I. King of Great Britain, sent Mr. Robert Anstruth, as his Envoy to the said Duke of Hol∣stein Gottorp, to represent to him the dangerous Condition the Protestants were reduced to at that time, and to concert Matters with him, how to reprieve them from that Danger, that

threatned their Total Destruction, unless by giving a Powerful Assistance to them; the Pa∣pishes were forced to grant them an Honoura∣ble Peace, Some means were also proposed, to endeavour the Restitution of the Elector Pa∣batin; upon which the Duke of Holstein Got∣torp ordered the following Letter to be sent to King Charles I.

His Highness highly Approves what has been proposed in Your Majesty's behalf,* 1.22 to attain the desired Peace; but, the Condition of the Duke∣doms and the Provinces thereunto belonging be∣ing such, as not to permit His Highness to act in this, as well as in other Matters of Moment, separately from His Danish Majesty, contrary to the Tenour of the Antient Hereditary Contracts and perpetual Unions, made betwixt both Hou∣ses; by vertue of which every thing is to be Transacted, Deliberated and Decreed with Joint. Counsels; It is therefore, that His Highness will, with the first Opportunity, not only Com∣municate this Proposition to the King of Den∣mark, but also take it into serious delibera∣tion; and, whatever Resolution shall be taken betwixt them upon this Account, shall be Com∣municated to His Majesty of Great Britain.

Pursuant to which,* 1.23 the said Duke Frederick sent his Letter, dated at Gottorp, the 6th of Jan. 1634. to Christian IV. then King of Denmark and Norway, &c.

We thought our selves obliged to acquaint Your Majesty, that His Britannick Majesty did lately send to Us his Envoy Mr. Robert Anstruth, who pursuant to his Orders received from the King his Master, has made several Propositions to Us both by way of Mouth and in Writing,

the Contents of which, together with our An∣swer, we have sent here enclosed to Your Ma∣jesty. We have all the reason in the World to believe, that the said Envoy will in a little time urge our Ministers, for a positive Resolu∣tion, and being sensible that the Matter is of such a weight as concerns our mutual Interest. We thought fit, to propose it to Your Majesty's Con∣sideration, whether it might not be Conveni∣ent, to order our both sides Ministers, who are to meet and to revise some Statutes relating to our Provincial Courts of Judicature, immediately after the Fair of Kiel, to enter into Confe∣rences upon the said Point, and to give Ʋs their O∣pinion upon it, in order to be ratified by Ʋs.

The Ministers of the Duke of Holstein Got∣torp's Reply to this, That the Answer sent to K. Charles I. being to be look't upon no otherwise than a Compliment, ought not to be alledged in their prejudice; but the Letter sent to King Christian V. upon that Account, and the ensuing Conferences seem to put it beyond all doubt.

We will now proceed to the fourth Argument alledged by the Danes upon this Head, viz. be∣cause it is contrary to the Antient Unions.

The several repeated Unions betwixt those two Houses, especially those in 1533. and 1623,* 1.24 are so Famous as to be past all Contradiction, by vertue of which those Dukedoms were in∣separably joined both in point of Government and Interest; The Chief Matter objected by the Ministers of Holstein Gottorp against this, is,* 1.25 that they consider those Unions no otherwise than Alliances made betwixt the Kingdom of Denmark and those Dukedoms, but not as Fa∣mily-Contracts made betwixt the two Ducal

Houses; To this the Danes Answer, that this Supposition is directly contrary to the Intenti∣on of the said Unions, which was the joint De∣fence of those Dukedoms, which could not be attained to without such a mutual Obligation; for which reason the said Unions were never till of late Years, consider'd as federa Reciproca only, but as Sanctiones praegmati••••, and the fundamental Laws of those Dukedoms, pursuant to the express Letter of the said Unions, the constant practice of the former Dukes of Holstein Gottorp, and their own Confession; There is a very remarkable Let∣ter relating to this head, written by the be∣forementioned Frederick Duke of Holstein Got∣torp, to Christian IV. then King of Denmark, Nor∣way, &c. dated at Gottorp the 22^d of June 1635.

As to what relates to Us, we being sufficient∣ly convinced by the express Letter of the Uni∣ons;* 1.26 That not only the Contrahentes and Paciscen∣tes, but likewise their Posterity is obliged to the per∣formance of them, we are not only resolved to adhere to them (with the help of God) invio∣lably as long as we live, but likewise our Suc∣cessours are oblig'd to do the same. Neither do We in the least question, but Your Majesty will make a suitable Return, in concurring with Us in the same, as often as occasion shall require, in hopes that the due observance of those fundamental Con∣stitutions, made for the joint Interest and Welfare of these Dukedoms, will for the future, as it has done heretofore, tend to our mutual Benefit.

It is evident both out of the preceding, and several others of the beforementioned Letters, how often the Dukes have had recourse to the words of those Unions, when they thought themselves injured in any thing that related to

the common Defence of those Countries; and there are not wanting Instances, when they have received actual Relief from the Kings of Den∣mark as Dukes of Holstein, not only in Case of an Invasion, but also upon the Account of other Dangers; of which there was a notable Exam∣ple in the Year 1623. When the Marsh Lands belonging to the Duke of Holstein Gottorp, be∣ing overflown with Water, the Duke claim'd Assistance from the King of Denmark as Duke of Holstein, and that he should bear his Share in the Loss and repairing the Damages sustain'd, by vertue of the Antient Unions. And how is it possible, say the Danes, that since, according to the Confession of the Ministers of Holstein Gottorp, these two Dukedoms, notwithstanding the division betwixt those two Houses, remain one inseparable Body, they should not be oblig∣ed to a mutual concurrence in their common defence.

That those Unions are made betwixt the Kings of Denmark and the Dukes of Holstein Gottorp, as the first are Dukes, is confirmed by the Con∣stitution of that Court, call d the Court of Au∣stregen, in which, not only such Differences as have happened betwixt the Kings of Denmark and Dukes of Holstein Gottorp, as the first were Kings, but also, as they were Dukes, have been decided.

Thus a difference being arisen in the Year 1559, betwixt those two Houses, concerning some Marshlands, situate betwixt Tundern and Flensburgh; and in the Year 1565, concerning the Limits between the two Dukes, John and Adolph, the same werre determined by this Court.

In the Year 1580,* 1.27 there happened a remark∣able Difference betwixt Frederick II. King of Denmark and Adolph Duke of Holstein Gottorp, concerning the Inheritance of the deceased Duke John; upon which, some of their Mini∣sters were deputed with Joint-Consent, to ex∣amine, and endeavour to adjust this Point; but being not able to agree in the Matter, it was judged convenient, with both sides Approbation, to refer the Whole to the decision of their re∣spective Kinsmen, viz. to the then Elector of Saxony, Ʋlrick Duke of Mecklenburgh, and Wil∣liam Langrave of Hesse. Pursuant to which A∣greement, the said Princes sent their Deputies to Hadersleben, who in conjunction with the Danish and Holstein Ministers, re-assumed the Conferen∣ces on the 24th of June, 1681, and brought the same to a happy Conclusion on the 12th of August next following.

Thus, in the Year 1632, when King Christian IV. had begun to erect a Fort, which was after∣wards called Christiansprice, without the Consent of Frederick, then Duke of Holstein Gottorp, he thinking himself aggriev'd in this Point, made his Appeal to the said Court, constituted by ver∣tue of the antient Unions,* 1.28 as appears by his Let∣ter, written to the said King Christian IV. dated at Gottorp the 20th of July, 1632.

I hope Your Majesty will not refuse to desist from the said Fortification, till the Arguments and Rights of both sides may be examined and composed, according to the true Meaning of the antient, and since renewed Ʋnions betwixt the Crown of Denmark and our Ancestors; or by our both sides Ministers deputed for that Pur∣pose; or, if that should not succeed, by the de∣finitive

Sentence of an Umpire; pursuant to the antient Custom and Constitutions, founded upon Equity.

It will not be beyond our purpose to insert here the Chief heads of the Transactions which happened betwixt the King of Denmark and the late Duke of Holstein Gottorp, Christian Albert, in a Case, concerning the division of some Limits near List and Silt, the Rights of some Oyster-Pits, and other Matters of no small Conse∣quence; forasmuch as they shew the manner of of Proceeding in this Court, by the said Duke's own Confession.

They deputed an equal Number of their Mi∣nisters,* 1.29 who being released from their Oath of Fidelity, had full Power granted them by ver∣tue of a Patent, dated the 5th of November, 1667, to examine, debate, and decide the Mat∣ter in Question, and, in case of a Parity of Votes, to appoint an Umpire for the decision of the Matter.

Pursuant to which the Conferences were opened in the Year 1668, in the City of Tun∣dern, by reason of the nearness of that Place, to those in question, (the City of Coldingen be∣ing otherwise appointed by the Antient Consti∣tutions, for this Court to Sit in) where the Differences being carefully examined the refer∣red to the determination of those Deputies, their Votes were found equal, so, that with mutual Consent it was agreed to leave the final deter∣mination of it to an Umpire. In reference of which the late Duke of Holstein Gottorp, Christi∣an Albert, writ the following Letter to Frederick III. King of Denmark, dated at Gottorp the 31 of October, 1668.

Your Majesty has been doubtless informed how the Matter under debate of our both sides Commissioners at Tundern,* 1.30 must, (by reason of the equality of their Votes,) be referr'd to the Arbitration of an Umpire. It is evident from our Records, that in such Cases as this, when∣ever any Princes have been Chosen for the de∣cision of Differences arisen between these two Houses, they used always, after they had taken a full Information of the whole Matter in que∣stion, to depute three of their Minisers, fitly qualified for so Great a Trust, who, after ma∣ture deliberation, were to give their definitive Sentence, by the Majority of Votes. This has been very wisely instituted by our Ancestors, who were the Authors of the Antient Ʋnions; and did not think it reasonable that both Your Majesty's and our Rights should depend on the Judgment only of a single Person, but that a certain num∣ber of Delegates should be appointed by the Umpire, instructed with a sufficient Authority, to examin the Merits of the Cause on both sides, and after a mature deliberation, to proceed to Judgment, without any Respect to Persons. Thus in the Year 1576, the then Elector of Saxony, being agreed upon for an Umpire, he deputed Volekmar Van Bentish, the then Judge of the High Court of Judicature at Leipzick; John Van Seidlitz, Governour of Thuringia, and Veit Winsheimb, a Professor of the Law in the Univer∣sity of Wittenbergh, who in the same Year, by the Majority of Votes, decided the Differences in Hand. Being therefore fully convinced that no private Person can be a Competent Judge of those Differences but that they ought to be submitted to the decision of such Delegates as

are impowred with a sufficient Authority by the Umpire, We have thought fit to propose to Your Majesty on our side the Administrator of Magdeburgh, or Duke Ernest of Weymar Gotha, leaving it to Your Majesty to propose on Your side, whom you shall Judge most Convenient.

But because both Parties Insisted upon their proposal, the Matter did remain undecided for that time.

There are three other Letters written by the same Duke upon the Account of this Court of Austregen, to King Frederick III.* 1.31 of which we will give you the Contents as far as they have any relation to this Head.

The first is dated at Gottorp the 14th of Sep∣tember, 1665.

It could not but be highly acceptable to us, when we understood that Your Majesty had re∣solved to put an end to those Differences, which have been depending for a considera∣ble time, betwixt those two Houses, and for that purpose had appointed six Assessors on Your side, pursuant to the Constitution of the inseparable Ʋnions of both Houses; and, We sincerely declare to Your Majesty, that We aim at nothing more, than that an end may be put those differences, to our both sides Satisfaction; Our Intention being to insist upon nothing, but what can plainly be proved to belong to Ʋs; not doubt∣ing, but, that Your Majesty's Intention in this, as well as in all other Actions of Your Life, will be conformable to what Justice and Reason shall allow of. It is therefore that We thankfully accept of Your Majesty's Offer, desiring, that you would be pleased to send Us the Names of the said Assessors, and what Time and Place is to

be appointed for their Meeting; as likewise to propose in Your behalf an Ʋmpire, in case of equa∣lity of Votes. I thought it likewise absolutely requisite to put Your Majesty in mind, that, 〈…〉〈…〉 any of those Assessors chosen by both Par∣ties should be under any Tye of Allegiance, either as Ministers or Subjects to either of Ʋs, they ought not only to be released of the said 〈◊〉〈◊〉, but also to be obliged by an Oath, 〈…〉〈…〉 the Matter according to Justice, and, 〈…〉〈…〉 Matters cannot be brought to an Accommodation, to give Judgment according to the best of their Knowledge. So recommending Your Majesty to God's Prote∣ction, &c.

The second Letter dated at Gottory,* 1.32 the 16th of October, 1665. is as follows:

We have understood with a great deal of Sa∣tisfaction out of Your Majesty's Answer to Ours, dated at Copenhagen the 10th of this Month, that you have appointed the Arbitrators on your side, for the Accommodating, or if that should not succeed, the determining the Differences in hand, and that they are to meet accordingly on the 14th of the next Month of November, in Your City of Coldingen; For which reason al∣so, We have appointed as our Commissioners, Paul Rantzau of Boetcamp, Detlof Ahlefelt of Hei∣ligenstede, John Adolph Kielman of Satrupholm, Hans Henry Kielman, Hans Rantzau of Potloes, and Dr. Cramer, who are to meet at the ap∣pointed time and place, in order to endeavour to put an end to the Matter in question.

The third Letter is dated at Gottorp the 10th of February,* 1.33 1666.

Out of Your Majesty's Letter, dated the 6th of Febr. at Copenhagen, which was delivered to Us yesterday, We understand, that your Inten∣tion is to have a certainTerm prefixed for the determining the Differences about the Divi∣dent, and some other Matters in question. We thankfully acknowledge Your Majesty's Care, not questioning, but that tho' hitherto, for weighty Reasons, no great Progress has been made in the Matter, yet that the Endeavours of our both sides Commissioners at Coldingen, will before long come to such an issue, as may fully restore the good Understanding that has always been betwixt our Families: Wherefore We desire Your Majesty, that in case any griev∣ances are left to be decided, to communicate them to Us, that no Seeds of discords may remain hereafter; We will take effectual Care, that, the same shall, after due Examination, be communicated to the Commissioners at Coldingen, together with our Instructions against the pre∣fixed time, being the 20th of March, by which means We hope the Differences about the Di∣vident, as well as other Grievances may be re∣dress'd, and the whole Matter brought to a hap∣py Conclusion.

The Minsters of Holstein Gottorp Alledge in opposition to this, that in the Year 1672, when the late Duke Christian Albert, urged the late King of Denmark, Christian V. to have the Dif∣ferences arisen betwixt them, concerning the investiture and some other Matters relating to the Contributions, determined by this Court of the Austregen, His Majesty refused the same, as is manifest from His Letter written to the said Duke upon this Subject, dated the 30th of Jan. 1679. These are his Words:

Much less can the Union be extended thus far as to decide the Investiture and Vassalage it self;* 1.34 because these are the very Foundation of all the Antient Contracts, and therefore destroy the Union it self; in which such differences are to be decided, as may arise from the ••ear∣ness and intermixture of the Territories, of both Houses. Besides, that it is a very unusual thing among Soveraigns, to submit such Mat∣ters as Concern their Royal Prerogatives, to the decision of others, as being inconsistent with the Nature of their Soveraignty; neither is there any instance to be given, of such a Deci∣sion.

To this the Danes Reply, that the Chief thing then in question being the Investiture and Vassalage of the Dukedom of Sleswick, the same did not fall under the Cognisance of this Court of Ʋnions, the same being expresly ex∣cepted in the Ʋnion Contract, made in the Year 1533. In Answer to the rest, they say, that there being at that time an open Rupture be∣twixt the King and the Duke, the first did not think himself obliged to refer himself to the Antient Contracts and Unions; But the same be∣ing since restored and confirmed as well by the Peace of Fountain-Bleau as that of Altena; and all what past during this Rupture, being thereby buried in Oblivion, both sides are now obliged to remain steadfast to the said Fa∣mily-Contracts, unless they will Act contra∣ry to the true intent of the said Treaties.

The Partizans of the Duke of Holstein Got∣torp do further Plead the Jus armorum,* 1.35 and con∣sequently the Power of fortifying Places, and Garrisoning the same, from the very nature

of Soveraignty; Would it not, say they, im∣ply an Absurdity for the Duke to be invested with the Soveraignty, and all Rights and Prero∣gatives thereunto belonging (which was actually done in the Treaties of Roshilt and Capenhagen) and at the same time to have the actual exer∣cise of one of the Chief Acts of Soveraignty de∣ny'd him? This would be no more than a Sha∣dow without Subtance, and a bare Title to a∣muse the World.

To this the Danes reply, that there being no∣thing more obvious, than that several Princes of Europe, who are called, Soveraigns, and are actually such, nevertheless have no power to ex∣ercise all and every Act of Soveraignty with∣out Limitation, they cannot sufficiently admire,* 1.36 how the Ministers of Holstein Gottorp should look upon this Restriction as a Paradox; What, say they, can a Prince not be a Soveraign, that is engag'd in, and limited by certain Contracts made with another Prince? Who can question the Soveragnty of each particular Province of the Ʋnited Netherlands? Nevertheless by Ver∣tue of their Union and fundamental Contracts, they are obliged to make no Alliances, Peace or War, without Joint-Advice and Consent. It is taken for granted, that neither the Empe∣rour nor the French King think themselves im∣paired in their Soveraignties, because by the Treaties of Munster and Reswick (as especially appears from the 18, 20, and 25 of the last) they are limited in their Prerogatives of For∣tifying places; Besides, that there are several Instances of Family Contracts amongst the Princes of the Empire, who think themselves not a Jot the worse upon that account. At that

rate they must call in question the Soveraignty of the Grand Seignior himself, because in the several Treaties, but especially in that of the year 1664, made with His Imperial Majesty, he has for ever renounced his Right of fortifying Zeckemheyet, and the Fort near Canisha.

Another Argument made use of by the Duke of Holstein's Party, is, that it cannot but be look'd upon as an unreasonable thing, for any Body to be debarr'd of the Priviledge of dis∣posing and managing his own Inheritance as he thinks most convenient, which in effect, the King of Denmark pretends to do.

This Argument, reply the Danes, answers it self, it being evident that the King and Duke are Joint-Lords of those Dukedoms; and the Nature of all things in joint-Possession being such, as not to admit of being disposed of at the Pleasure of one of the Parties; Besides, that it is a Mistake that a Man may act in his own Inheritance as he pleases, it being evident that he ought to take care not to annoy his Neighbours; and the most Potent and Soveraign Princes themselves are always very cautious in giving offence, nay even in creating a Jealousy in their neighbouring Nations.

It is beyond all Contradiction that the Trea∣ties of Roshilt and Copenhagen, from whence the Duke derives his Soveraignty, have not granted the same to him without Restriction, as is evi∣dent from the Patent granted to the Duke of Holstein Gottorp, upon the account of this Sove∣raignty, by King Frederick III. in the year 1658, in which are these following Conditions.

1. That the Nobility, Estates and Cities, nay all the Subjects shall be inviolably maintain'd in

the possession of their Lands and Goods;* 1.37 as likewise in their Rights, Liberties and Privi∣ledges, as well Ecclesiastical as Civil.

2. That neither any considerable part, or the whole Share of the Duke of Holstein Gottorp in the Dukedom of Sleswick, shall be abalienated to the Prejudice of the Kings of Denmark, but shall remain in the same State it is now, as long as there are any Male Heirs living of Duke Fre∣derick of Holstein Gottorp.

3. That this Grant shall not in any wise be prejudicial to the former Contracts; but espe∣cially to the antient inseparable Ʋnion, which in all its Points and Clauses (except what has been agreed upon concerning the remission of the In∣vestiture) shall remain in full force and vi∣gour.

But the main Stress of the Argument made use of by the Duke's Ministers to back their sepa∣rate Jus Armorum,* 1.38 is taken from the Interpre∣tation of the second Article of the Treaty of Altena, made in the Year 1689; In which it be∣ing express'd, That His Majesty of Denmark shall restore to the Duke his Soveraignty, with the Rights of raising Money, making Leagues and Alli∣ances, of building and possessing Fortifications, &c. they infer from thence, that the Duke is there∣by invested with an absolute Power, in relation to those Matters therein mentioned, without any previous Communication with the King of Denmark.

In Answer to this, it is alledged on the Da∣nish side, That the Ministers of Holstein Gottorp have extorted an Interpretation of the said Ar∣ticle, meerly to serve their own Turn; it being evident from the Words; His Majesty of Den∣mark

shall restore to the Duke,* 1.39 &c. that thereby he had not the least granted him of any other Power, but what he was possess'd of be∣fore and after the Treaties of Westphalia and of the North, till the Year 1675; as likewise by the Treaty of Fountain Bleau, as the express Words of the said Article make it plainly appear; which Treasties are also confirmed by the same Article. Now, say the Danes, it is certain that by neither of those Treaties a separate Jus Armorum was granted to the Duke, as is evident from the Contents of them, beforemen∣tioned, by the Practice observed betwixt the two Houses since that time, before things came to a Rupture; and by the repeated Confessions and Acknowledgment of both sides, some of which have been inserted before: For which Reason also, effectual Care has been taken in all the beforementioned Treaties, to insert a Clause for the Confirmation of the Family-Compacts and Antient Ʋnions, made betwixt the two Houses of Denmark and Holstein Gottorp, as may be seen, especially in the Treaty of Altena, the fifth Ar∣ticle of which, is as follows:

As to what relates to Ʋnions, Family-Contracts, and other Agreements made to the Year 1675;* 1.40 as also the Communion and other Customs used to that Day, shall remain in force, no less, than what had been expresly and literally determined, in relation to this Matter by the Treaties of West∣phalia, of the North, and of Fountain-Bleau, &c.

These words give us, say the Danes, so plain an Interpretation of what has been mentioned in the second Article of the same Treaty, concerning the Duke's Soveraignty, that it needs no further Answer; the Ʋnions, Communion and Family-Con∣tracts,

being expresly preserved in their fill vi∣gour by this as well as the preceding Treaties, of Westphalia, of the North, and Fountain-Bleau, therein mentioned.

The infraction made by the present Duke of Holstein Gottorp upon the Rights of the late King of Denmark, Christian V. by receiving Fo∣reigners into those Dukedoms, at a time, when the State of the King's Health was in an almost desperate Condition, seems to be taken notice of in favour of the Danes by the Ministers Mediators of Pinnenbergh,* 1.41 who upon that ac∣count writ a Letter to the said Duke of Hol∣stein Gottorp, dated the 5th of August, old Stile, 1699, in the following terms:

We the Ministers Mediators, have beyond all hopes, and to our great Dissatisfaction under∣stood, that Your Highness has not only received into those Dukedoms a certain Number of Swe∣dish Troops from Wismar and the Dutchy of Bremen; but also makes further Preparations to erect some Forts, and that in such Places, where never were any before; Hitherto it is only by Fame and some private Letters, that We are informed of those things; For Mr. Wed∣derkop, Your Highnesses Privy Councellour, did not think it worth his while, to send an An∣swer to a Letter, which I (the Court of Eck) with to him upon this Subject, about a Week ago, or to give Us the least notice of it other∣wise, besides what he declared to the Ministers Mediators in general, pursuant to the Intru∣ctions he received (as he told us) from Your Highness; tho' at the same time this might ve∣ry conveniently have been done, in Honour and Respect to the Mediators: We don't at this time

pretend to call in question Your Highnesses Jus Armorum, and whatever other Rights may be∣long to you; nevertheless We cannot but put you in mind, that the respective Princes Media∣tors, our Principals have declared several times, both at the opening of the Conferences, and since that time, that Your Highness should not suffer any Prejudice in his legal Rights, by Suspending the Ex∣ercise thereof for the present; which also you did accept of, as is evident from the Resolute taken by You at the Intercession made in that behalf, to stop the same for the Love of Peace, and to fa∣cilitate the Conclusion of the Treaty. We are well satisfied, that the Princes Mediators, who have empower'd Us, will be very well pleased to see Your Highness persist in the same Sentiment, which will free them from the apprehension, which otherwise they may take at this Enter∣prize. It is for this Reason, that We the Mi∣nisters Mediators, think our selves obliged both in point of Conscience, and of the Trust re∣posed in Us, and to convince the World, that we have done hitherto, and continue to act with all possible Application for the Preservation of the publick Tranquility and that We will not be answerable for the ill Consequences, which may attend it; and therefore request Your Highness with all due Respect, that you would be pleased, to send back those Swedish Forces, which you have received into those Dukedoms, contrary, not only to the Constitutions of the Em∣pire, by causing them to march through the Territories of some of the Princes and States of the Empire, without their knowledge; but also to the no small Prejudice of His Majesty of Denmark, who thereupon has made his Com∣plaints

to Us, because thes Troops did pass thro' se∣veral Balliages, which are under your Joint-Do∣minion; and that for the rest, Your Highness will likewise be pleased to leave things in Sus∣pence, till such time, that we have received the Answers we expect from our Principals, &c.

But it is time to proceed to the Second propo∣sition made by King Christian V. to the present Duke of Holstein Gottorp,* 1.42 which concerned the renewing of the Antient Unions; This was at first positively denied by the Dukes, but upon further Consideration comply'd with, but under this Restriction, that it should be done as soon as the Duke had received Satisfaction concern∣ing certain Points, which he said, were not executed according to the Tenour of the Trea∣ty of Altena. The pretensions made upon this Account consists Chiefly in this, that the Duke of Holstein demands Restitution to be made to several of his Ministers of what had been taken from them before, and the Resti∣tution of the Lordship of Gods-Gift (Gods Gabe) according to the express words of the said Treaty.

Unto this the Danes Answer,* 1.43 that they have Contributed all what could be expected from them, towards the Execution of the Treaty of Altena; That in relation to the Satisfaction due to the Ministers of Holstein Gottorp, they had assign'd to them several real Debts, due from the Duke their Master to the King of Denmark, which they having accepted of at that time, it was their own Fault, if this Satisfaction did not prove to their Content.

As to the Second; which Concerns the Seat, called, Gods Gabe, they don't in the least deny, but, that the same has been expresly stipulated to be restored to His Highness, which would have been put in Execution acordingly, if there were not a certain Clause inserted in the 〈◊〉〈◊〉 Article of the said Treatise, by vertue of which, the Duke of Holstein Gottorp, obliges him∣self to withdraw his Action which he had la••d against the House of Holstein Ploen in the Imperial Court. This Action concern'd Chief∣ly the annulling of certain Contracts, made some time before with the House of Holstein Plo••n, by which the last was entitled to the Possession of the beforementioned Seat of Gods Gabe. And the same being since that time Surrendered by the House of Ploen to Duke August of Norburgh, the King of Denmark could not but look upon it, as a very odd pretence, to desire that the said Duke of Norburgh should be put out of Possession, in order to have it re∣stored again by the Duke of Holstein Gottorp.

This it was that induced the late Duke of that Name, not to insist upon the Restitution of the said Lordship, but, when after the Con∣clusion of the Treaty of Altena, Commissio∣ners were appointed on both sides, to termi∣nate by an Amicable Composition, some incon∣siderable Differences yet remaining betwixt Denmark and Holstein Gottorp; the Duke would not as much as have it mentioned among the rest, only desiring His Majesty, to prevail by His Authority with the Duke of Norburgh, thus far, as to come in Person to His Court at Go∣torp, and to pay him some Acknowledgment upon that Sco••e, which was done accordingly by the said Duke of Norburgh.

Accordingly this Point having never been call'd in question since, as long as the late Duke Christian Albert lived, neither could it be done under any legal Pretence, for the Rea∣sons beforementioned, the King of Denmark look'd upon this Matter to be past all further Contest.

Notwithstanding which,* 1.44 this Point being closely insisted upon by the Ministers of the present Duke, the King of Denmark, to re∣move any Obstacle that might retard the re∣newing of the said Unions, sent these follow∣ing orders to his Ministers.

We have received Yours, out of which we see, what is passed betwixt You and the Mi∣nisters of the Duke of Holstein Gottorp, on the Account of the present Differences; and, that the Duke has at last consented to the renew∣ing of the Unions, provided we on our side will give him Satisfaction concerning certain Points, which, they pretend, are to be termi∣nated as yet, pursuant to the Treaty of Al∣tena, &c.

As to what relates to the renewing of the Unions, the Duke ought to have explain'd him∣self more at large upon that Account, pursu∣ant to the Tenour of that perpetual Union, made in the Year 1623. But, if he remains resolved to insist upon that Point, it would be convenient for you to Demand an Exact Ac∣count of those Matters, which they pretend to upon that score; forasmuch as the Points in que∣stion, of which they make so much noise, concern only the indemnifying the Ministers of Gottorp, for what they have suffered by the pre∣ceding Confiscations, and the Lordship of Gods

Gift; truly things of very little Consequence: But whatever it be, to shew to all distinterested Persons, how far we are inclined to Consent to any thing the Duke in reason can ask, and how desirous we are to maintain the Antient Ties and good Correspondence established and confirmed betwixt our two Houses, We order you, to declare to the Ministers of the Duke of Holstein Gottorp, That, if their Master will Engage himself to renew the Union made in the Year 1623, according to the express Words of that Treaty, and the preceding Unions, that then We will immediately give full Satis∣faction as to those Points, which are not as yet put in Execution by vertue of the Trea∣ty of Altena; and, if any further Difficulties should arise, we will leave them to the de∣termination of such Commissioners as shall be apointed by Us on both sides, for the com∣posing of them, according to the Meaning and Rules prescrib'd in the Antient Ʋnions, &c.

From which Concession the Danes evince, That the Duke of Holstein had no further rea∣son to insist upon that Exception, unless it were either quite to avoid, or at least to delay the renewing of the said Unions.

But it is time for us to touch a little also upon the third Demand,* 1.45 which was the Com∣munication of the late Duke Christian Albert's Testament.

This was interpreted by the Duke of Hol∣stein Gottorp, as an infringment upon his Sove∣raign Prerogatives, as may be seen from his Letter, of which we have given you the Co∣py before; Whereas the Danish Ministers al∣ledge,

That the King of Denmark had no o∣ther design in it, than to know (as he ought to do) whether the present Duke Frederick was constituted sole Heir in the Ducal Share of Sleswick; or whether his Brother Christian had some joint or separate Interest in the same?* 1.46 The more because the Jus Primogeni∣turae being not introduced in the Dukedom of Sleswick, and there being no Alteration made as to this Point, by vertue of the Patent con∣cerning the remission of the Vassalage of that Dukedom; The King, say the Danes, had all the reason in the world to demand to be sa∣tisfied in this Point, it being absolutely re∣quisite, that in so nice a Juncture as this, (when they were in Treaty concerning the Ceremonies and other Matters relating to the Homage) the King should know, who it was that was to have the Joint-Administration with him in the Government of those Dukedoms; it was absolutely necessary, say they, to en∣quire into this Point, in order to be fully satisfied, whether the said Duke Frederick a∣lone, or his Brother Christian was to come in as a third Person in the Communion establish'd betwixt those Houses; especially, since there are not wanting Instances, that such a Divi∣sion has been made in the said Dukedom.

I am apt to believe, I have by this time al∣most tired the Reader's Patience with the re∣hearsal of those Disputes, which from a small beginning, have by degrees, been carried on to that height, that in all appearance the decision of them will be made by the Sword, rather than by force of Argument: The flame of the War having already begun to spread it self thro' se∣veral

Parts of the North, by the Irruption made by the King of Poland into Livonia, and the at∣tacks upon the Forts ••••ected by the Duke of Holstein Gottorp, by the Danes; so that I will con∣clude this Chapter with giving you a true Copy of the Demands made by the Duke of Holstein Gottorp at the Treaty of Altena, together with ••t authentick Translation of the Articles of the said Treaty, as they were laid before the Ho∣nourable House of Commons, this last Sessions of Parliament.

The DEMANDS made by His High∣ness CHRISTIAN ALBERT, Duke of Holstein Gottorp, presented to the Ministers Mediators, Assembled at Altena, for the Composing the Differences, arisen betwixt His Majesty of Denmark and the said Duke.

I.

THAT the Dukedom of Sleswick, with the Country, call'd Gods-Gift, and its De∣pendencies, shall be restored in the same Con∣dition, wherein they were in the Year 1674, and when they were taken.

II.

THAT the Island of Fehmeren shall be sur∣rendred, and the Balliages of Trittaw, Tremsbut∣tel and Steenhurst, shall be surrendred without Money, or any Pretension.

III.

THAT The Peace between the two Nor∣thern Crowns, shall remain entire; that His Highness of Holstein shall enjoy all Rights and Priviledges of Soveraignty, and particularly, that of Collectandi & Foederum.

IV.

THAT tho' His Highness may lay a Claim to the Contributions levied, which amount to above 100 Tuns of Gold, he will be satisfied with a General Collection, which shall be made in the two Principalities, for building a Fort in the most necessary and convenient Situation, and for the Payment of 500000 Rixdollars at three Payments.

V.

His Highness claims, that the Ammunition and the hundred Pieces of Cannon that were in the Castle of Tonningen, when it was demolished, shall be restored him.

VI.

THAT the Popular Government be abo∣lished.

VII.

THAT not only the Emperour and the E∣lectors of Saxony and Brandenburgh, shall be Guarantees of the Treaty in the Quality of Mediators, but the rest of the Members of the Empire, and in particular, the Circles of the Lower-Saxony, the House of Lunenburgh, and the King of Sweden.

VIII.

THAT all other Demands shall be justly Examined; and that if the Conditions are not accepted within a Month, His Highness will be no longer bound to them.

• Upon which, on the 20th of the next ensuing June, the following Articles were agreed upon.

An Authentick Translation of the Articles of the Treaty of Altena, made in the Year 1689, as it was laid before the Honou∣rable House of Commons, this last Ses∣sions of Parliament, by His Majesty's spe∣cial Command.

BE it known to all, by what means the great Controversies, which have been a long time between His Royal Majesty of Denmark and Norway, and His Highness the Duke of Holstein Sleswick, by the Earnest Mediation of His Imperial Majesty, and Their Electoral High∣nesses of Saxony and Brandenburgh, have been Composed and for ever Abolished upon the following Conditions.

I.

THAT there shall be a general Amnesty, and a perpetual Oblivion of all that hath been hitherto undertaken on both Sides, done or acted by each or other Party, their Minsters, Subjects or Adherents; None of either Side shall be called to an Account, nor shall any body be brought into Danger or Charge for it; but an Eternal and Indissolvable Friendship and Union shall hereby be restored and esta∣blished

betwixt His Royal Majesty of Denmark and Norway, His Heirs and Successors in His Kingdoms, and His Highness the Duke of Hol∣stein Sleswick and His Successors.

II.

His Royal Majesty of Denmark and Norway, shall Restore to His Ducal Highness all His said Highnesses Dominions, Lands, Islands and Goods, but specially the Lordship of Gods Gabe, to∣gether with the Soveraignty of the same Roy∣alties, Rights of raising Monies, making Leagues and Alliances of Building and Possessing Fortifi∣cations: In Fine, all those Rights and Preroga∣tives whatsoever, that His Highness did Hold and Enjoy before and after the Treaties of Westphalia, and of the North, to the Year 1675. As likewise whatever His Highness may Claim by the Pacifications of Fountain-Bleau, the Con∣ditions and Contents of which Treaties are confirmed hereby, and also his Royal Maje∣sty will Restore to His Highnesses Officers and Subjects, all their Goods and Debts.

III.

Whereas His Highness amongst other De∣mands, hath requied that His Royal Majesty would free the Island of Fehmeren, together with the Governments of Steenhurst, Tremsbuttel and Trittaw from a Mortgage, pay that Summ of Money they are Engaged for, and restore them without any Charge to His Highness; His Royal Majesty, to give the greater Mark of His Favour to His Highness, as being near∣ly

related to him in Blood and Affinity, doth give up the Mortgage, and remit the Acti∣on he hath against the Government of Trittaw, and Restores it with all its Dependencies; but as to what concerns the Island of Fehmeren, and the Governments of Tremsbuttel and Steen∣hurst, these being not in the Hands of His Ma∣jesty, but of His Royal Highness Prince George of Denmark; His Imperial Majesty and Their Electoral Highnesses of Saxony and Bran∣denburgh, in Quality of Mediators for com∣posing these Differences, to the End, that Peace and Tranquility may the better be establish∣ed and setled in the Northern Kingdoms, and the Circle of Lower Saxony, it being of great Importance to the Publick Good, that it should subsist inviolably, they have undertaken to find out such Means to make Satisfaction to His Roy∣al Highness for that Sum of Money, for which he holds those Places, without any Charge or Prejudice to His Royal Majesty; as likewise to obtain the Consent of His said Royal Highness: That the said Island and Governments be resto∣red again to His Highness the Duke of Holstein, exempt and free from the Debt and Mortgage they formerly lay under.

IV.

On the other side, His Highness doth re∣nounce all Actions and Pretensions he might have, not only against His Royal Majesty, for having detained His Dominions for some time, and enjoyed the Revenues thereof; but also doth release and wholly desist from those Proceed∣ings he had obtained from the Imperial Cham∣ber, against the House of Dukes of Holstein Ploen.

V.

As to what belongs to Unions, Family-Agreements, and other Conventions, made to the Year 1675; as also the Communion, the Custom used to that day shall remain in Force, no less than what hath been expressy and li∣terally determined, in Relation to this Mat∣ter by the Treaties of Westphalia, of the North, and of Fountain-Bleau; and whatsoever remains and is unreceived of the Revenues of the Chamber or Contributions in His Highnesses Dominions, shall by no means be Demanded from His Royal Majesty.

VI.

They do remit other Grievances to be made up by a friendly Transaction, and if that doth not Succeed, they leave it to the Law, and neither Party shall undertake any thing by way of Force aganst what is above settled.

VII.

The Ratifications of this Agreement shall be Exchanged here at Altena, fourteen days after the Subscribing of it, and the Agree∣ments shall immediately, or at furthest within eight Days after the Exchange, be strictly put in Execution, Bona Fide, and without Delay.

In Witness whereof two Copies of the same Te∣nour, Subscribed and Sealed, have been deliver∣ed to each Party. Done at Altena, the 20th day of June, in the Year 1689.

Notes

• * 1.1

  The young Duke of Hol∣stein takes ••ew mea∣sures.
• * 1.2

  Trepositions made to him by the King of Denmark.
• * 1.3

  His An∣swer.
• * 1.4

  Conferences 〈◊〉〈◊〉 Pinnen∣bergh.
• * 1.5

  The King of Den∣mark's Pro∣test.
• * 1.6

  The Decla∣ration of the Mediator, at Pinnen∣bergh.
• * 1.7

  The second Article of the Treaty of A••ena
• * 1.8

  The Heads of the differ∣anese now on foot betwixt Denmark and Holstein.
• * 1.9

  Reasons alledged by the Danes on their side.
• * 1.10

  The first Argument upon the first Head.
• * 1.11

  The second Argument upon the first Head.
• * 1.12

  The third Argument 〈◊〉〈◊〉 the first 〈◊〉〈◊〉
• * 1.13

  King Chri∣stian V's Let∣ter to the Duke of Hol∣stein.
• * 1.14

  The Duke's Answer.
• * 1.15

  The Duke of Holstein's Letter to King Frede∣rick III.
• * 1.16

  The late Duke of Hol∣stein's Letter to King Fre∣derick III.
• * 1.17

  The late Duke of Holstein's Letter to King Christi∣an V.
• * 1.18

  An answer from the late Duke of Hol∣stein to King Christian V.
• * 1.19

  Duke Fre∣derick's Let∣ter to King Christian IV.
• * 1.20

  The King's Answer.
• * 1.21

  Another Letter of that Duke's upon the same sub∣ject.
• * 1.22

  Duke Fre∣derick's Let∣ter to King Charles I.
• * 1.23

  His Letter to King Chri∣stian IV. upon the same subject.
• * 1.24

  Fourth Argument alledged by the Danes.
• * 1.25

  The Duke of Holstein's objection aga∣inst it.
• * 1.26

  A Letter written by Duke Frede∣rick to King Christian IV upon this Head.
• * 1.27

  The Court for determin∣ing the differ∣ence betwixt the two Houses.
• * 1.28

  Duke Fre∣derick's Let∣ter upon that subject.
• * 1.29

  The man∣ner of pro∣ceeding in this Court.
• * 1.30

  A Letter of Duke Fre∣derick to the King of Den∣mark con∣cerning the Ʋmpire.
• * 1.31

  Another Letter from that Duke upon the same subject.
• * 1.32

  His second Letter velat∣ing to this Subject.
• * 1.33

  His third Letter
• * 1.34

  King Chri∣stian V's Let∣ter to the Duke of Hol∣stein, 1629.
• * 1.35

  Plea of the Duke's Party for the Jus ar∣morum.
• * 1.36

  The Dane•• Reply.
• * 1.37

  Conditions relating to the Sove∣raignty of the Duke of Holstein Got∣torp.
• * 1.38

  Contest a∣bout the In∣terpretation of the second Article of the Treaty of Al∣tena.
• * 1.39

  The Danes Answer to this.
• * 1.40

  The fifth Ar∣ticle of the Treaty of Altena.
• * 1.41

  The Letters of the Mini∣sters Media∣tors to the Duke of Hol∣stein.
• * 1.42

  The second Proposition concerning the Renewing of the Ʋnions.
• * 1.43

  The Danish Argument upon this Head.
• * 1.44

  The King of Denmark's Declaration upon this Head.
• * 1.45

  The third 〈◊〉〈◊〉 qu••••ti••n.
• * 1.46

  The Danish Argument upon this Head.