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[21] In the year 1657, when the Courts of Denmark and Brandenburg intended engaging the Muscovites to fall upon Sweden, they instructed their Minister so to manage the affair that the Czar might by no means get any footing in the Baltic, because "they did not know what to do with so troublesome a neighbour." (See Puffendorf's History of Brandenburg.)
[60]
"The Defensive Treaty concluded in the year 1700, between his late Majesty, King William, of ever-glorious memory, and his present Swedish Majesty, King Charles XII. Published at the earnest desire of several members of both Houses of Parliament.
'Nec rumpite fœdera pacis,Nec regnis præferte fidem.'—Silius, Lip. II.
"Article I. Establishes between the Kings of Sweden and England 'a sincere and constant friendship for ever, a league and good correspondence, so that they shall never mutually or separately molest one another's kingdoms, provinces, colonies, or subjects, wheresoever situated, nor shall they suffer or agree that this should be done by others, etc.'
"Article II. 'Moreover, each of the Allies, his heirs and successors, shall be obliged to take care of, and promote, as much as in him lies, the profit and honour of the other, to detect and give notice to his other ally (as soon as it shall come to his own knowledge) of all imminent dangers, conspiracies, and hostile designs formed against him, to withstand them as much as possible, and to prevent them both by advice and assistance; and therefore it shall not be lawful for either of the Allies, either by themselves or any other whatsoever, to act, treat, or endeavour anything to the prejudice or loss of the other, his lands or dominions whatsoever or wheresoever, whether by land or sea; that one shall in no wise favour the other's foes, either rebels or enemies, to the prejudice of his Ally,' etc.
"Query I. How the words marked in italics agree with our present conduct, when our fleet acts in conjunction with[61] the enemies of Sweden, the Czar commands our fleet, our Admiral enters into Councils of War, and is not only privy to all their designs, but together with our own Minister at Copenhagen (as the King of Denmark has himself owned it in a public declaration), pushed on the Northern Confederates to an enterprise entirely destructive to our Ally Sweden, I mean the descent designed last summer upon Schonen?
"Query II. In what manner we also must explain that passage in the first article by which it is stipulated that one Ally shall not either by themselves or any other whatsoever, act, treat, or endeavour anything to the loss of the other's lands and dominions; to justify in particular our leaving in the year 1715, even when the season was so far advanced as no longer to admit of our usual pretence of conveying and protecting our trade, which was then got already safe home, eight men-of-war in the Baltic, with orders to join in one line of battle with the Danes, whereby we made them so much superior in number to the Swedish fleet, that it could not come to the relief of Straelsund, and whereby we chiefly occasioned Sweden's entirely losing its German Provinces, and even the extreme danger his Swedish Majesty ran in his own person, in crossing the sea, before the surrender of the town.
"Article III. By a special defensive treaty, the Kings of Sweden and England mutually oblige themselves, 'in a strict alliance, to defend one another mutually, as well as their kingdoms, territories, provinces, states, subjects, possessions, as their rights and liberties of navigation and commerce, as well in the Northern, Deucalidonian, Western, and Britannic Sea, commonly called the Channel, the Baltic, the Sound; as also of the privileges and prerogatives of each of the Allies belonging to them, by virtue of treaties and agreements, as well as by received customs, the laws of nations, hereditary right, against any aggressors or invaders and molesters in Europe by sea or land, etc.'
"Query. It being by the law of nations an indisputable right and prerogative of any king or people, in case of a great necessity or threatening ruin, to use all such means they themselves shall judge most necessary for their [62]preservation; it having moreover been a constant prerogative and practice of the Swedes, for these several hundred years, in case of a war with their most dreadful enemies the Muscovites, to hinder all trade with them in the Baltic; and since it is also stipulated in this article that amongst other things, one Ally ought to defend the prerogatives belonging to the other, even by received customs, and the law of nations: how come we now, the King of Sweden stands more than ever in need of using that prerogative, not only to dispute it, but also to take thereof a pretence for an open hostility against him?
"Articles IV., V., VI., and VII. fix the strength of the auxiliary forces England and Sweden are to send each other in case the territory of either of these powers should be invaded, or its navigation 'molested or hindered' in one of the seas enumerated in Article III. The invasion of the German provinces of Sweden is expressly included as a casus fœderis.
"Article VIII. stipulates that that Ally who is not attacked shall first act the part of a pacific mediator; but, the mediation having proved a failure, 'the aforesaid forces shall be sent without delay; nor shall the confederates desist before the injured party shall be satisfied in all things.'
"Article IX. That Ally that requires the stipulated 'help, has to choose whether he will have the above-named army either all or any, either in soldiers, ships, ammunition, or money.'
"Article X. Ships and armies serve under 'the command of him that required them.'
"Article XI. 'But if it should happen that the above-mentioned forces should not be proportionable to the danger, as supposing that perhaps the aggressor should be assisted by the forces of some other confederates of his, then one of the Allies, after previous request, shall be obliged to help the other that is injured, with greater forces, such as he shall be able to raise with safety and convenience, both by sea and land....'
"Article XII. 'It shall be lawful for either of the Allies[63] and their subjects to bring their men-of-war into one another's harbours, and to winter there.' Peculiar negotiations about this point shall take place at Stockholm, but 'in the meanwhile, the articles of treaty concluded at London, 1661, relating to the navigation and commerce shall remain, in their full force, as much as if they were inserted here word for word.'
"Article XIII. ' ... The subjects of either of the Allies ... shall no way, either by sea or land, serve them (the enemies of either of the Allies), either as mariners or soldiers, and therefore it shall be forbid them upon severe penalty.'
"Article XIV. 'If it happens that either of the confederate kings ... should be engaged in a war against a common enemy, or be molested by any other neighbouring king ... in his own kingdoms or provinces ... to the hindering of which, he that requires help may by the force of this treaty himself be obliged to send help: then that Ally so molested shall not be obliged to send the promised help....'
