[85] [An ingenious device of Whitelocke's to lead the Spaniard to hasten
the business of the treaty with Sweden, which he was suspected of having
retarded.]
[86] The French, and English copies of the passport were these:--
"Comme ainsi soit que Don Antonio Piementel de Prado, Envoyé
Extraordinaire de sa Majesté le Roi d'Espagne à sa Majesté la Reine de
Suède, soit maintenant sur son retour de ce lieu à Neufport en Flandres,
dont son Excellence est Gouverneur; et qu'il ait jugé à propos d'envoyer
partie de son train et bagage par mer de Hambourg à Dunquerque, ou public
autre port des Provinces Unies à présent sous l'obéissance de sa dite
Majesté le Roi d'Espagne; et pour leur procurer d'autant plus sur convoi,
m'ait désiré, comme Ambassadeur Extraordinaire de son Altesse Monseigneur
le Protecteur de la République d'Angleterre, d'Ecosse, et d'Irlande, vers
sa Majesté la Reine de Suède, de lui donner passeport: ces présents sont
pour requérir tous ceux qui ont commandement par mer ou par terre, et
tous officiers et autres de la dite République auxquels il peut
appartenir, de permettre le porteur des présents, Joos Froidure,
serviteur du dit Don Antonio Piementel, avec son navire et biens sous sa
charge (à savoir, vingt caisses contenantes toutes sortes de meubles,
comme vaisselle d'argent, tapisseries, linges, habits, lits de camp, et
autres coffres et choses pareilles, et tout conduit par le susdit Joos
Froidure, et les caisses marquées D. A. P.), de passer paisiblement et
sans empêchement quelconque jusqu'au dit Dunquerque, ou autre port des
Provinces Unies de présent sous l'obéissance de sa dite Majesté le Roi
d'Espagne. Donné sous ma main et sceau, à Upsale en Suède, ce 4ème
d'Avril, 1654. B. WHITELOCKE."
"Whereas Don Antonio Pimentel de Prado, Envoy Extraordinary from his
Majesty the King of Spain unto her Majesty the Queen of Sweden, is now
upon his return from this place unto Newport, in Flanders, whereof his
Excellence is Governor, and hath thought fit to send part of his train
and goods from Hamburg by sea unto Dunkirk, or some other port now in
obedience to his said Majesty the King of Spain, in the Low Countries;
and, for the better conveyance of them, hath desired a pass from me,
being Ambassador Extraordinary from his Highness my Lord Protector of the
Commonwealth of England, Scotland, and Ireland, unto her said Majesty the
Queen of Sweden; these are therefore to desire all commanders by sea or
land, and all officers or others, of the said Commonwealth, whom it may
concern, to permit the bearer hereof, Joos Froidure, servant unto the
said Don Antonio Pimentel, with the ship and goods under his charge, viz.
twenty chests or packages, containing all sorts of household stuff, as
vessels of silver, tapestries, linen, apparel, field-beds, and other
coffers and such like things, marked with D. A. P., to pass unto the said
port of Dunkirk, or any other port now in obedience unto his said Majesty
the King of Spain in the Low Countries, quietly and without any
molestation. Given under my hand and seal, at Upsal, in Sweden, this 4th
day of April, 1654. B. WHITELOCKE."
[88] [It is curious to remark at the present time (1855) how the same
questions have arisen out of the state of war. The list of contraband
articles established by Whitelocke's treaty is still in force as between
England and Sweden, and Liége is still the great resource of the
Continent for arms.]
[90] [Cromwell was already preparing the two armaments at Portsmouth, one
of which afterwards became the Mediterranean fleet, under Blake, of
thirty-five ships, and the other, of thirty-two ships, sailed in the
following year under Penn and Venables for the West Indies.]
[91] [This gentleman is doubtless the same M. Woolfeldt whom Whitelocke
frequently refers to; for in a manuscript addressed to his children,
Woolfeldt is mentioned by name as a person entertaining similar
sentiments towards his native country. He was a Danish nobleman nearly
connected by marriage with the King of Denmark, but who had incurred the
displeasure of the Court, and been driven into exile on account of this
marriage.]
[130] "Whereas Peter Gerbrant, citizen of Stockholm, and commander of a
ship belonging to her Majesty the Queen of Sweden, called the
'Sudermanland,' loaden with corn and other Swedish merchandises, is now
bound for Lisbon, in Portugal, and, for his better passage, hath desired
of me, being Ambassador Extraordinary from his Highness the Lord
Protector of the Commonwealth of England, Scotland, and Ireland, unto her
Majesty the Queen of Sweden, to give him my pass and letters
recommendatory: These are therefore to desire all commanders and officers
by sea or land, and all others of the said Commonwealth whom it may
concern, to permit the said Peter Gerbrant, together with his said ship
and lading, to pass unto the said port of Lisbon quietly and without any
molestation; and so to return from thence unto Stockholm, with such
lading as the said master shall there think fit to take into his ship.
Given under my hand and seal at Upsal, in Sweden, this 14th day of April,
1654. B. W."
[131] "Whereas the bearer hereof, Lieutenant-Colonel Robert Halsall, had
a pass from Colonel Robert Lilburne, Commander-in-Chief of the Forces in
Scotland under his Highness the Lord Protector of the Commonwealth of
England, Scotland, and Ireland, to transport himself, his servant, and
necessaries into Sweden upon his occasions, and, having despatched his
business, he hath made his request to me, being Ambassador from his said
Highness the Lord Protector to her Majesty the Queen of Sweden, to grant
him my pass for his return into Scotland: These are therefore to desire
all commanders by sea or land, and all officers and others of the said
Commonwealth whom it may concern, to suffer him, the said
Lieutenant-Colonel Halsall, quietly to pass into Scotland, he acting
nothing prejudicial to the Commonwealth aforesaid; and further I desire
that the Commander-in-Chief in Scotland will be pleased to show unto him,
the said Lieutenant-Colonel, such favour at all times as he shall there
deserve. Given under my hand and seal, at Upsal, in Sweden, this 14th of
April, 1654. B. WHITELOCKE."
[142] [These words show that the contest between the French and Spanish
alliance in London was still going on; but they did not convey the truth
to Whitelocke, for it was against Spain that the great armament
previously mentioned was destined to be used, in the expedition to St.
Domingo and the conquest of Jamaica.]
[168] The treaty thus signed ran in the following terms:--
[SN: Text of the treaty.]
"We whose names are subscribed, Axel Oxenstiern, Chancellor of the
Kingdom and Provincial Judge of the West Norlanders, of Lapland,
Heredalia, and Jemptia, Earl of South Morea, free Baron in Kimitho,
Lord in Tiholme and Tydoen, Knight of the Golden Spur; and Eric
Oxenstiern, son of Axel, General President of the College of Trade,
Earl of South Morea, free Baron in Kimitho, Lord in Tydoen, Viby, and
Gorwallen, Senators of the Kingdom of Sweden, and Plenipotentiary
Commissioners of the most Serene and most Potent Prince and Lady the
Lady Christina, by the grace of God Queen of the Swedes, Goths, and
Vandals, Great Prince of Finland, Duke of Esthonia, Carelia, Bremen,
Veherden, Stettin, Pomerland, Cassubia and Vandalia, Prince of Rugia,
and Lady of Ingria and of Wismar; do make known and testify that
formerly there hath been a great amity between the Swedish and
English nations, for which, to renew and increase the profit of it,
it very well happened that the most illustrious and most excellent
Lord Bulstrode Whitelocke, Constable of Windsor Castle, and at this
time one of the Keepers of the Great Seal of England, being
sufficiently authorized to treat of the following affairs, came to
the S.R.M. our Lady, by commandment and in the name of Oliver, Lord
Protector of the Commonwealth of England, Scotland, and Ireland,
Ambassador Extraordinary from these countries and of the aforesaid
Commonwealth. The same also our most S.R.M. hath benignly commanded
us, who have the same and sufficient power, that after we should have
considered with the aforesaid Lord Ambassador about the things which
would be judged the most convenient to establish the liberty of
commerce and navigation, and to corroborate the mutual amity in this
time, that some certain things should be determined and written in
form of articles of mutual alliance.
"Therefore we, after a good deliberation together, agreed touching
the affairs hereafter written, as they are by these following laws
which are in this treaty, and by their clear words and without
difficulty expressed. That is:--
"1. That hereafter there be a good, sincere, firm peace and
correspondence between the Queen and Kingdom of Sweden and the Lord
Protector and the aforesaid Commonwealth, and between all and every
one of the dominions, kingdoms, countries, provinces, islands, lands,
colonies, towns, peoples, citizens, inhabitants, and all and every
one of the subjects of either of the party, so that they may mutually
embrace in entire love and affection.
"2. The aforesaid confederates and subjects, people and inhabitants
of either, shall, when occasion shall be presented, advance the
common profit, and shall, if they know of any imminent danger or
conspiration or machination of the enemies, admonish one another, and
shall hinder them as much as lies in their power. Neither shall it be
permitted to any of the confederates to do or treat by him, or by any
other whatsoever, to the prejudice or damage of the lands and
dominions of either, whatsoever they be, or in whatsoever place,
either by sea or land. The enemies or rebels or adversaries shall in
nowise be suffered, neither shall the rebels or traitors who
undertake under the State of the other be received in his countries,
and shall much less give them counsel, aid, or favour, nor shall
admit that his subjects, people, or inhabitants should do anything
like.
"3. The Queen and Kingdom aforesaid and the Lord Protector and
Commonwealth aforesaid shall, as much as in them lies, endeavour to
take care, with all candour and affection, to remove all the
hindrances which hitherto have interrupted the liberty of navigation
and commerce between both the nations, as much in the dominions,
lands, seas, and rivers of either of the confederates with other
people and nations. They shall also endeavour to advance and defend
the liberty of navigation and commerce against all sorts of
disturbers for the reasons agreed upon in this treaty, or upon which
hereafter they may agree, nor shall suffer, either through
themselves, their subjects, or people, any offence to be committed or
done against this institution.
"4. For it is consented and agreed that the inhabitants and subjects
of the aforesaid confederates be free to travel by sea or land into
the kingdoms, countries, provinces, lands, islands, towns, cities,
villages, walled or unwalled, fortified or no, ports, dominions
whatsoever freely, or without safe-conduct, general or special, to go
and thence to return, and thence to stay or pass over, and all the
while to buy victuals and things necessary for their use, and are to
be treated with all benevolence. And also it shall be lawful for the
subjects, citizens, and inhabitants of either of the confederates to
exercise merchandise and commerce in all places wherein any commerce
hath hitherto been exercised, and the same merchandise may be carried
in or forth according to their pleasure, paying nevertheless the
usual tax, and observing the laws and ordinances of the aforesaid
Kingdom and Commonwealth; supposing on both sides that the people,
subjects, and inhabitants of either of the confederates shall have
and possess in the countries, lands, dominions, and kingdom of the
other as full and ample privileges, and as much freedom, liberty, and
immunity, as any stranger possesseth, or shall possess, in the said
dominions and kingdoms.
"5. The merchants, masters of ships, pilots, seamen, and others,
their ships, merchandise, and all goods in general of the said
confederates and their subjects and inhabitants, shall not be
apprehended or detained in the lands, ports, shores, harbours, or
dominions whatsoever in alliance with the other, for any public use,
expedition of war, or other cause, much less for any private man's
use by virtue of any edict, general or special; neither shall they be
molested or constrained by violence or injury or anything of that
kind: provided that arrests be not prohibited if they are made
according to the ordinary form of law, justice, and equity; they
shall not neglect the punishment of any for private affection.
"6. And if one or more ships of the subjects, citizens, or
inhabitants, be they of war or of burden and private men's, shall be
forced by tempests, or pursued by pirates and enemies, or any urgent
necessity to the harbour or shores of the other confederate, and be
forced to call for protection, they shall be received there with all
benignity, humanity, and friendship, and at no time to be hindered,
and all victual, reparation, and things fit for use at the ordinary
price; they shall not be prohibited to depart or go out of the port
or harbour by any pretence whatsoever, as long as they have not
committed anything against the statutes, ordinances, and custom of
the place where their ships are brought and where they shall sojourn.
"7. Likewise, if one ship or more of war or of private men of the
other confederate, and of the subjects and inhabitants, shall be
shipwrecked or cast on the coast of the dominions of the other
confederate, or for the future may suffer detriment, they may be
relieved and helped at a price agreed on, so that whatsoever shall be
saved from the shipwreck shall be preserved and restored to the true
owner or his factor.
"8. And if the subjects and inhabitants of the other confederate,
whether they be merchants, their factors, servants, masters of ships,
pirates, seamen, or others, have occasion to travel into the
dominions of the other confederate, or if anything shall come in
their name before a court of justice, or suits for their debts, or
for any other lawful reason wherein they may need the help of the
magistrate; in these things he shall be benign and ready for equity's
sake, and shall administer justice without delay or unnecessary
circumstances, and they shall not be hindered in their journey by any
pretence, but whithersoever they go are to be used friendly, and
shall have the liberty either in going or returning to carry and wear
arms for their private defence, and to walk into the harbours,
seaports, and in any public place of the other confederate armed;
provided they give no occasion of just suspicion to the governors or
magistrates of any place of any design against the public or private
peace, but chiefly they are to behave themselves modestly, and to
live without any injury.
"9. It is lawful for the foresaid confederates and both their people
to buy and export out of any of their countries, dominions, and
kingdoms, all sorts of arms and provision of war, and freely and
safely to carry their ships into what ports, stations, and harbours
of the other confederate they please, and there to sojourn and from
thence to go; and they are to carry themselves modestly, peaceably,
and conform to all the laws and customs of the place, and they may
trade there without any hindrance; likewise the ships of war have
free leave to come to the ports, havens, and stations of the other
confederates. But nevertheless, if there be a manifest suspicion in
their number, they may forbid their access, without they have
obtained leave of the confederate in whose ports they are (unless
they are drawn in by tempests, or force, or danger, or chief
magistrate), and are not to stay longer than the governor or chief
magistrate will give them leave.
"10. It shall be lawful for the subjects and inhabitants of the
kingdom of Sweden to travel into all the countries of England,
Scotland, and Ireland, and likewise to pass beyond land or sea, and
other people that commerce with them, to exercise trade in all kind
of merchandise, and to bring them thither and carry thence at their
pleasure. The people of the aforesaid Commonwealth shall enjoy the
same liberty in the kingdoms, dominions, and territories of the Queen
and kingdom of Sweden, but upon condition that they shall observe the
respective laws, ordinances, and particular rights of both nations,
and of those things which concern the traffic.
"11. Although it be prohibited by the former articles of this league
and friendship, that neither of the confederates shall give aid or
assistance to the enemies of the other, nevertheless it is no way to
be understood that it is denied to the confederate and his subjects
and people who is not in war to have commerce and navigation with the
enemies of that confederate who is in war: provided only in the
meantime, until it may be more fully agreed upon, all laws hereunto
pertaining, that none of those commodities called contraband (of
which a special designation or catalogue shall be agreed upon within
four months from this time) shall be carried to the enemies of
either, upon peril that if they be found out by the other
confederate, they shall be taken as prize without hope of
restitution.
"12. But lest this free navigation or passage by land or sea with
other nations, of the one confederate, his subjects, or people,
during the war of the other confederate, should be a deceit to the
other confederate, and may conceal commodities and hostile goods by
deceit, pretending the name of a friend, for that reason, to remove
suspicion and fraud, it is thought fit that the ships, waggons,
merchandises, and men belonging to one of the confederates, in their
journeys and navigations shall be armed with letters of safe-conduct,
commonly called passports and certificates, which shall be signed by
the chief governor or magistrate of the province or city from whence
they come, and in all them those forms to be observed which shall be
agreed upon within the space of four months next ensuing; but where
the merchandises, goods, shipping, and men of one of the
confederates, or of his subjects or people, in the open sea, straits,
ports, stations, lands, and places whatsoever, shall be met with by
the ships of war, public or private, or by the men, subjects, and
people of the other confederate, or by any means shall be in one
place together, then exhibiting only their letters of safe-conduct
and certificates, nothing shall be further required of them, nor
inquired of them, nor inquiry made as to their goods, shipping, or
men any further, much less shall any injury, damage, or trouble be
offered to them, but, as is before signified, they shall be freely
dismissed to proceed in their intended journey. And in case anything
be done by either party contrary to the genuine sense of this
article, either of the confederates shall cause severe punishment to
be inflicted upon those who shall do contrary hereunto, their
subjects and people, and shall take care that satisfaction be made
without delay to the other grieved confederate, or his subjects and
people, fully of all their losses and expenses.
"13. Also, if it shall fall out hereafter during this friendship and
league, that any of the people and subjects of either of the
confederates shall take part with, or design anything against this
league, the agreement between the aforesaid confederates shall not
thereby be interrupted or dissolved, but nevertheless shall continue
and wholly remain; but those particular persons only who have broken
this league shall be punished, and right and justice shall be
administered to those who have received injury, and satisfaction
shall be made of all damages and wrong within a twelvemonth's time
after restitution demanded. And if the foresaid delinquents and
persons guilty of the violence committed shall not yield themselves
and submit to justice, or within the prefixed time shall refuse to
make satisfaction, they, whosoever they are, shall at length be
proclaimed enemies to both States, and their estates, goods, and
whatsoever things they have shall be confiscated and sold for a just
and full satisfaction of the wrongs by them done, and those offenders
and guilty persons, where they shall come into the power of either
State, shall suffer also deserved punishment according to the nature
of their offence. But restitution and satisfaction for the losses and
damages which either of the confederates hath suffered by the other
during the war between England and the United Provinces of the
Netherlands shall be made and afforded without delay to the party
wronged, or to his subjects.
"14. The present treaty and confederation shall not at all derogate
from the pre-eminence, right, and dominion whatsoever of either of
the confederates in their seas, straits, and waters whatsoever; but
they shall have and retain the same to themselves in the same fulness
as they have hitherto enjoyed the same, and of right belongs unto
them.
"15. Whereas therefore it is the principal purpose of this league
that the same freedom of navigation and merchandising as is expressed
in the former articles should be and remain to either confederate,
his subjects and people, in the Baltic Sea, the Strait of the Sound,
the Northern, Western, British, and Mediterranean Seas, and in the
Channel and other seas of Europe, it shall therefore earnestly be
endeavoured by common counsel, help, and assistance, that the
foresaid mutual freedom of navigation and commerce shall be
established and promoted in all the before-mentioned seas, and, if
occasion require, shall be defended against disturbers who would
interrupt it, prohibit, hinder, constrain, and force it to their own
will and the injury of the confederates; and both the confederates
shall willingly and mutually afford their goodwill and readiness to
promote the benefit and to take away the prejudice of either of the
confederates, always saving to either nation the leagues with other
kingdoms, commonwealths, and nations which have been heretofore made
and are in force; but neither of the confederates for the future
shall make any league or alliance with any foreign people or nations
whatsoever to any prejudice of this present mutual league, without
the knowledge beforehand and consent of the other confederate; and if
anything shall hereafter be agreed otherwise, it shall be void, and
shall wholly give way to this mutual agreement; but of the manner of
mutual aid or assistance to be given for defence of this league, and
freedom of commerce and navigation, where it shall be necessary and
reason shall require it, it shall be specially agreed upon according
to the circumstances of time and all other things.
"16. Concerning other advantages to be enjoyed, and rules according
to which the ships of war shall demean themselves which shall come
into the ports or stations of the other confederate, of the trade to
be had in America, also of the commodities of fishing for herrings
and other fish whatsoever, of the staples and marts to be appointed
for trade, and of other matters and conditions which may be required
for the greater evidence of the former articles, as by a particular
treaty and mutual contract shall be hereafter agreed.
"17. But those matters which we have agreed in the former articles
shall forthwith from this moment of time obtain full force and be
sincerely and rightly observed by either party, and by all who are
under their obedience, faith, and command. And to the end that for
the time to come they may be the more established, and remain firm as
well by her Royal Majesty as also by the Lord Protector of the
Commonwealth of England, Scotland, and Ireland, and the territories
thereunto belonging, in the name of his Highness and the said
Commonwealth, these presents, with the proper subscriptions of the
hands of her Majesty and of his Highness, shall be subscribed,
signed, and ratified.
"In confirmation of all these things which are above written, and for
sufficient testimony thereof that on the part of her Royal Majesty
our most clement Lady they shall be most religiously and fully
observed, and be ratified within the time prefixed, we have
subscribed these presents with our proper hands, and armed them with
our seals. Dated at Upsal, the 11th day of April, in the year 1654.
"AXEL OXENSTIERN,
"ERIC OXENSTIERN AXELIUS."