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Treaty between Charles Gustavus King of Sweden , and Oliver Cromwell
Protector of England: whereby the Treaty of Alliance made between those two States the
11th of April 1654, is confirm'd and explain'd. Done at London, 1656.
I Christiern Bonde, Free Baron of Layhela, Lord of Ymfisholm,
Bordsoo and Springestadt, &c. Senator of the kingdom of Sweden, and of the most Serene
and Potent Prince and Lord, the Lord Charles Gustavus, by the grace of God King of the
Swedes, Goths, and Vandals, Great Prince of Finland, Duke of Esthonia, Carelia, Bremen,
Verden, Stetin, Pomerania, Cassuben, and Vandalia, Prince of Rugen, Lord of Ingria and
Wismar, also Count Palatine of the Rhine, and Duke of Bavaria, Juliers, Cleves, and Mons,
and Ambassador Extraordinary from that Prince to the most Serene and most High Oliver Lord
Protector of England, Scotland, and Ireland, and the dominions thereof, and to the
republic of England; do hereby make known and testify to all and every one whom it
concerns, or whom it may in any measure concern, That whereas in the treaty made at Upsal,
the 11th of April 1654, between the most Serene and Potent Princess Christina, by the
grace of God Queen of the Swedes, Goths, and Vandals, Great Princess of Finland, Duchess
of Esthonia, Carelia, Bremen, Verden, Stein, Pomerania, Cassuben, and Vandalia, Princess
of Rugen, Lady of Ingria and Wismar, and the kingdom of Sweden, and the said Lord
Protector of the republic of England, &c. certain affairs, relating as well to the
establishment of mutual friendship, as to the advantages of commerce and navigation, were
deferred to a more convenient time. And whereas it hath seemed good to his said most
Serene Royal Majesty of Sweden, to send me over to England, vested with sufficient powers
to transact the same, and the other affairs which follow; therefore, after a conference
with the Lord Commissioners of the said most Serene Lord Protector, viz. the most noble
Lord Nathaniel Fiennes, one of the Keepers of the Great Seal, and of his Highness's Privy
Counsellors, Sir Bulstrode Whitlock, Knight, one of the Commissioners of his Highness's
Treasury, and Constable of Windsor Castle, and Walter Strickland, Esq; both members also
of his Highness's said Privy Council, furnished with sufficient powers and commands for
this purpose, and after we had mutually imparted our opinions, and maturely considered the
following points, we agreed as is clearly and perspicuosly expressed in the words of the
underwritten articles.
I. It shall be lawful for either of the confederates to raise any
soldiers and seamen by beat of drum within the kingdoms, countries, and cities of either;
and also to hire men of war and ships of burden, observing only the following conditions.
1. Whichsoever of the confederates desires to
have a muster, he shall notify his intention to his ally, and specify the places in which
he thinks such levies may most conveniently be made; and if the condition of the other
ally will not permit that the levy should be made in that place, then the other, being so
required, shall apooint another place more convenient for his purpose, and as little as
possible to the detriment of both parties.
2. As to the number of soldiers to be raised,
or of ships to be hired, regard shall be had to the affairs and circumstances of that
confederate in whose kingdoms and dominions the musters are to be made; lest if a greater
number of forces be required than is fitting, the other should find the want of them, or
be disappointed of them for his own occasions.
3. When soldiers are raised in that country,
they shall not take arms, nor so much as on board the ships, till they come within twenty
leagues of the place where they are to be set ashore.
4. The colonels or captains shall raise no
soldiers who are already entered into the pay of another king or state, nor shall they
entice any from their colours.
5. The soldiers, sailors, and ships, raised or
hired, as above, in the king-doms and countries of either of the confederates, shall not
be raised against the friends or allies of the other, to the violation of the treaties
concluded and now subsisting between one another and their allies.
II. Wheras in the XIth article of the treaty lately made at Upsal in
1654, betwixt England and Sweden, it was agreed and specified what goods and merchandize
should hereafter be declared contraband and prohibited; it is now by virtue of the said
article established, that only those hereafter mentioned shall be reckoned contraband and
prohibited, and consequently not to be disposed of to the enemies of either, viz. bombs
with their fusees and other appurtenances, fire-balls, gunpowder, matches, cannon-balls,
spears, swords, lances, pikes, halberts, guns, mortars, petards, grenadoes, musket-rests,
bandaliers, saltpetre, muskets, musket-balls, helmets, head-pieces, breast-plates, coats
of mail, cuirasses, and the like kind of arms; soldiers, horses, with all their furniture,
pistols, holsters, belts, and all other warlike instruments; and also ships of war. Money
shall also be reckoned among the goods with which the enemies are not to be supplied, and
which it shall not be lawful to carry to the enemies of either, any more than the things
above mentioned, on the penalty of being made prize without hopes of redemption, if they
are seized by either of the confederates. Nor shall either of the confederates permit that
the enemies or rebels of the other be assisted by any of their subjects, or that their
ships be sold , lent, or in any manner made use of by the enemies or rebels of the other,
to his disadvantage or detriment.
III. But it shall be lawful for either of the confederates, and his
people or subjects, to trade with the enemies of the other, and to carry them any goods
whatsoever, which are not excepted as above, without any impediment: Provided they are not
carried to those ports or places which are besieged by the other; in which case they shall
have leave either to sell their goods to the besiegers, or to repair with them to any
other port which is not besieged.
IV. Wheras in the XIth article of the treaty concluded at Upsal the
11th of April, 1654, between Sweden and England, it was agreed, that although it was
precautioned and prohibited by the preceding articles, that either of the confederates
should give aid and assistance to the enemies of the other, yet it ought not to be
understood, that that confederate who is not involved in war with the enemy of the other,
shall not be allowed to carry on trade with the said enemy of that confederate: but
it was only provided thereby, till there should be a farther agreement concerning this
matter, thatno goods or merchandize which we commonly call contraband shall be carried to
the enemy of the other, without danger of being made prize, and without hopes of
redemption, if they are seized by the other confederate. In like manner, wheras by the
XIIth article of the said treaty, for the evading of all suspicions, lest the navigation
or commerce of one of the confederates, whether by land or sea, should be carried on
during the war to the prejudice of the other confederate, or lest the goods of enemies
should be carried under the disguise of the goods of friends, it was stipulated and
concluded, that all ships, carriages, wares, and men, belonging to the other of the
confederates, should be furnishedin their journey and passage with safe-conducts, commonly
called passports, and certificates, signed by the chief governor or magistrate of that
province and city from whence they came; and that those forms of the passports and
certificates were to be observed on which the confederates should mutually agree on both
sides; and when the merchandize, goods, ships, men of either of the confederates, and his
subjects and inhabitants, shall meet or be met by the ships of war, public or private, or
the subjects and inhabitants of the other confederate, in the open sea, straits, harbours,
havens, lands, and other places, wheresoever or howsoever they shall come together, after
producing only their safe-conducts and certificates nothing farther should be demanded of
them, no inquiry whatsoever should be made into the ships, goods, or men, much less should
they be injured, damaged, or molested but should freely let go to prosecute their journey
and purpose, as is above signified.
And wheras by the XIVth article it was stipulated, that the said
treaty and confederacy should derogate nothing from any preeminence of right and dominion
whatsover of either of the confederates, in any of their seas, straits, and waters
whatsoever, but that they should have and retain the same to themselves in as ample a
manner as they had all along enjoyed them, and as by right to them belonged; Now therefore
that a fitting draught of such certificates and passports may be formed and observed,
which may be answerable to the meaning of the aforesaid articles, it is agreed and
concluded on both sides, That for avoiding all frauds and concealments whatsoever of the
enemies goods, and all occasions of quarrels as to any certificates and passports, such
forms as are underwritten verbatim shall be observed, and subscribed and signed by the
chief magistrate of that province and city from whence they come; that then the true names
of the ships, carriages, merchandize, and masters of the ship be specified; as also the
punctual days and times, without any fraud, together with other descriptions of that sort,
which are expressed in the following form of a safe-conduct or certificate. Wherefore, if
any person who shall declare upon the oath by which he is bound to his king, state, or
city, that he has given in a true account, be convicted by sufficient proof of having
concealed any fraud by his permission under his said declaration, he shall be severely
punished as a transgressor of the said oath.
We N.N governor or chief magistrate of the province or city
of N. (the title or office of the respective government of that place being
added) do make known and certify, that on the
day of the month of Ao
N.N.N citizens and
inhabitants of N. and who are engaged and bound as subjects of his most Serene
Royal Majesty of Sweden, and to our city, or of the most Serene Lord Protector our most
gracious Lord, and to our city, personally appeared before us in the city or town of N.
in the dominion (of his most Serene Royal Majesty of Sweden, or of the most Serene Lord
Protector of England, just as it shall happen) and declared to us, that the ship or vessel
called N. of
about lasts or
tons, belongs to the port, city or town of N. in the dominion of N. and
that the said ship does rightfully belong to him or other subjects of his most Serene
Royal Majesty of Sweden, the most Serene Lord Protector of England; or expressing to
whatever other nation they may belong, and that N.N.N. have declared upon their
said oath that the said goods above specified, and no others, are already put on on board
or are to be put on board the abovenamed ship for the said voyage, and that no part of
those goods belongs to any one whatsoever, but the persons abovementioned; and that no
goods are disguised or concealed therein by any fictitious name whatsoever, but that the
merchandize abovementioned is truly and really put on board, for the use of the said
owners and no others; and that the captain of the said ship named N.N is a
citizen of the city of N.. Therefore wheras after strict examination by us the
abovementioned (governor or chief magistrate of the city aforesaid) it fully appears that
the goods on board the said ship or vessel are free, and do truly and really belong
to the subjects of his most Serene Royal Majesty of Sweden, or of the most Serene
Protector, or to the inhabitants of other nations abovementioned; We do most humble and
earnestly require it of all and singular the powers by land and sea, kings, princes,
republics, and free cities; also of the generals of armies, admirals, commanders, officers
and governors of ports, and all others to whom the custody of any harbour or sea is
committed, which meet this ship in her voyage; or if she happen to fall in, among, or pass
through their squadrons, or stay in their harbours, that for the sake of the treaties and
friendship which subsist respectively between them, or whoever are his superiors, and the
most Serene King of Sweden, or our most Serene Lord Protector, as they shall in like
manner experience the same from our most Serene King, or our most Serene Lord Protector,
and all his ministers and subjects in the like or any case. In witness thereof we have
taken care that these presents signed by our hands be sealed with the seal of our city.
Given at our court.
V. Neither of those confederates shall suffer the ships, vessels,
goods, or merchandize of the other, or of his people or subjects, which are taken at sea
or elsewhere by enemies or rebels, to be brought into their ports or dominions, but shall
publicly forbid any thing of that kind to be done; and if any ships, vessels, goods, or
merchandize of either, or of his people or subjects, taken at seaor elsewhere, shall be
carried into the ports or countries of the other by any enemy or rebel of the
confederates, or either of them, that confederate into whose harbour they shall be
carried, shall not suffer the same or any part thereof to be sold in that port, or any
other place in their dominion; but shall take care that the master of the ship or vessel
so taken, as also the mariners and passengers, shall as soon as they arrive, be
immedeiately set at liberty, together with all the prisoners, subjects of either kingdom
or republic, as many as shall be brought thither; nor shall he permit the said ship and
vessel to stay in that harbour, but shall command the said ship, with her goods,
merchandize and lading, immedeiately to leave the harbour. Provided nevertheless, that
nothing in this article be turned to the prejudice of the treaties formerly entered
into by either of the confederates with other nations; and where these things do not
interfere, the above article shall remainin full force.
VI. It shall be free for the men of war and guard-ships of either of
the confederates to enter into the ports, havens, or rivers of the other, where such ships
use to repair, and there to cast anchor, stay, and to depart from thence without any
injury or molestation; provided these conditions are observed.
1. That it shall not be free to carry into the
harbours of the confederate any squadron, exceeding five or six ships, without giving some
notice thereof beforehand.
2. That the commander of the squadron and
ships shall without delay exhibit his letters of safe-conduct to the governor of the
castle, fort, city, or province, or acquaint the magistrate of the place where he arrives
with the resons of his coming, and for what end, and how long he designs to stay in that
port or haven.
3. That such ships shall not come or stay
nearer to those castles or forts than is convenient.
4. That the mariners, ships companies, and
soldiers shall not go ashore in bodies above 40 at a time, nor in any number that may give
suspicion.
5. That while they are there they shall not do
any damage to any person, not so much as their enemies; and above all shall not stop or
obstruct the passage of any merchant ships whatsoever, into or out of the harbour.
6. That they shall not leave their station for
the sake of infesting the navigation of any nation whatever.
7. That they shall in all respects live and
behave modestly, quietly, and conformably to the laws and customs of every place, and have
special regard to the reciprocal friendship between the confederates. Where the terms
aforesaid are rightly observed according to the true meaning of the words, it shall be
lawful for the men of war of either confederate to keep upon the coats, and continue
in the harbours of the other confederate, whether for avoiding tempests or enemies, or for
rendezvousing and assembling merchant ships, or any other just causes. But if either of
the confederates shall think it advantageous or necessary to enter the ports of the other
confederate with a greater number of ships, and to enjoy the conveniences thereof, he
shall signify the same to his confederare two monts beforehand, during which time the ways
and means of admitting the same shall be settled.
VII. Wheras it is provided by the aforesaid treaty at Upsal, that
satisfaction should be given for the losses which either of the confederates or his
people or subjects sustained from the other, or his people or subjects, during the war
between the Republic and the States if the United Netherlands, it is now agreed, that
three commissioners shall be delegated and deputed on each side, who shall take cognizance
of, and decide all those disputes; which commissioners shall meet at London, the first day
of January next. And the three commissioners abovementioned, so chosen and deputed on both
sides, shall have power to take all those things into their consideration which shall be
exhibited or proposed on both sides, and which happened in the said period, as well
concerning the restitution of the ships or goods hitherto detained, as the satisfaction
for losses sustained by the detaining of the ships of either of the confederates, which
are already or shall hereafter be released; or if it can be conveniently done in any other
manner, they shall judge of them summarily,according to right or reason, without any
appeal or forms of law; and both parties shall make it their chief business and
endeavour that what is just and right be transacted in the controversies aforesaid without
any delay, and that what is taken away be restored, and satisfaction performed and made
fully and really for the losses and expences, according to the tenor of the XIIIth article
of the aforesaid treaty of Upsal. But if the said commissioners cannot agree in any
reasons or foundations whatsoever of the proofs relating to such restitution or
satisfaction, then those differences shall be left to another convention of the
confederates. And that this may be done with the least loss of time, they shall use their
endeavour to finish the cognizance of all these matters in question within six months
after the first meeting; and the restitution and satisfaction for those losses shall be
made and performed fully and without delay, within the space of a month after sentence is
passed, by that king or state whose subjects shall be doomed to perform the satisfaction.
VIII. The subjects of the said most Serene Lord Protector and the
said republic shall also hereafter enjoy all the prerogatives in the several branches of
trade, which they used to carry on in Prussia and Poland, or elsewhere in the dominions of
the said most Serene King of Sweden, which they enjoyed heretofore, in preference to other
nations; and if at any time they desire farther privileges, their desires shall be
gratified by all means possible: And if the said most Serene King of Sweden shall grant
greater and more ample privileges than the abovementioned, in Poland and Prussia, to any
nation besides, or people not subject to him, or shall suffer any nation or people to
enjoy such larger privileges there, then the people and citizens of this republic shall
enjoy the same privileges in all respects, after they have desired it of his most serene
Royal Majesty. And moreover, if any edicts that have been published since 1650, happen to
be burdensome to the English and Scots, dwelling or trading in Poland and Prussia, the
same shall after this time be of no force, as far as it can be rendered so in the dominion
of the most Serene King of Sweden; but the subjects of the said Lord Protector shall
hereafter be entirely free from those burdens.
IX. As to the commerce to be carried on in America, it is expressly
provided by law, that the subjects of no republic besides shall be impowered to trade
there in common without a special license: but if any of the subjects of the most Serene
King of Sweden, furnished with his recommendations, shall privately solicit such licence
of the Lord Protector to trade to any of those colonies whatsoever, he will in this
respect comply with the desire of his most Serene Royal Majesty of Sweden, as far as the
state of his affairs and of the republic will for that time permit.
X. It shall be free for the subjects of the most Serene King of
Sweden, to fish and catch herrings and other fish in the seas and on the coasts which are
in the dominion of this republic, provided the ships employed in the fishery do not exceed
a thousand in number: nor while they are fishing shall they be any ways hindered or
molested; nor shall any charges be demanded on the account of the fishing by the men of
war of this republic, nor by those who are commissioned privately to trade at their
ownexpence, nor by the fishing vessels on the northern coasts of Britain, but all persons
shall be treated courteously and amicably, and shall be allowed even to dry their nets on
the shore, and to purchase all necessary provisions from the inhabitants of those places
at a fair price.
XI. It is also agreed and concluded, that the present treaty, and
all and singular the things therein contained and included by the aforesaid ambassador of
his said most Serene Royal Majesty of Sweden, and the commissioners of the most Serene
Lord Protector, shall be confirmed and ratified within four months next ensuing (or sooner
if possible) by the letters patent of the said King and Protector, sealed in due and
authentic form with their great seal; and that the mutual instruments shall be exchanged
on both sides within the term aforesaid.
In witness of all and singular the premises, we the commissioners of
the most Serene and most High Protector of the republic of England, Scotland, Ireland,
&c. by virtue of our aforesaid commission, or full powers, have signed the present
treaty, consisting of eleven articles, with our hands, and sealed it with our seals. Done
at Westminster July 17, Anno 1656.
Till detta avtal var också fogat en särskild deklaration
undertecknad av de engelska förhandlarna. I denna förklarades att begreppet kontraband
under det pågående kriget mellan England och Spanien också skulle omfatta varor som
tjära, beck, hampa och andra skeppsförnödenheter. I det fall deklarationen inte
accepterades av Karl X Gustav skulle England inte längre vara bundna av fördragets andra
och tredje paragrafer, vilket i så fall skulle ha kunnat innebära ett totalstopp för
svensk export till hela det spanska riket.
A Convention relating to the second Article in the
Treaty
betwixt Sweden and England. Done at Westminster July 17, Anno 1656
WHEREAS in the second article of the treaty concluded
at Westminster, anno 1656, betwixt England and Sweden, it is declared as a point agreed
and ratified by the commissioners of the most Serene Protector, and by the lord ambassador
of the most Serene King of Sweden, that only the goods, merchandize, and other things
mentioned in that article, should hereafter be deemed as contraband, and publicly
prohibited. And whereas the most Serene Lord Protector has proposed by his commissioners,
and has stipulated with the aforesaid ambassador extraordinary, that as long as the war
continues betwixt the English and the Spaniards, none of the goods and merchandize
following shall, under a penalty to be hereafter expressed, be carried from the dominions
of the most Serene King of Sweden, to any part of the Spanish dominions; and whereas to
the intent that this might be granted with the more ease, it has been also proposed that a
conference should be held for ascertaining the price to be given by the English merchants,
for all those goods which shall come from the Swedish dominions; and whereas the aforesaid
ambassador said he could not give his consent to the said demand, because he had it not in
his instructions from his most Serene King, and therefore left it entirely to the
discretion of his most Serene Majesty; it is declared by this writing, that the said
second article, if the most Serene King will agree to and ratify it, shall be only
ratified upon this condition., That as long as the war continues betwixt the republic of
England and the Spaniards, neither his Swedish Majesty, nor any of his people, shall carry
pitch, tar, hemp, cables, sailcloth, or masts, to any places in the dominions of Spain,
but on the contrary, the said King shall most expressly forbid it; and if any such
merchandize shall be carried thither contrary to this agreement, the same shall be liable
to be seized by, and forfeited to the English. Wherefore it is most expressly provided,
that if the said King shall not consent to it, then all the said second article relating
to contraband goods (as also the third article which depends thereupon) shall immediately
become of no force, and the question relating to the specification of contraband goods,
shall remain in the state that it was before the time there was any treaty about it in
London, nevertheless the rest of the articles shall remain in full force. And moreover, it
is agreed and concluded on both sides, by virtue of the several powers granted to them,
that although the present article be not inserted in the said treaty, it shall be the same
force and virtue as the treaty itself. Done at Westminster, July 17, 1656.
Nathaniel Fiennes
Bulstrode Whitlock
Walter Strickland
Texten till fördraget finns på flera ställen,
här hämtad från:
Cromwell, O., The writings and speeches..., vol.
4, / edited by W. C. Abbott. - Cambridge, MA, 1947, s. 903-911 |
Noter:
Karl X
Gustavs trontillträde i juni 1654 innebar en omsvängning i svensk
utrikespolitik. Utifrån den rådande situationen, inte minst i Östeuropa,
rikets finansiella bekymmer och kungens makalösa energi och aktivistiska
sinnelag växte stora drömmar fram: fullbordandet av det svenska
Östersjöväldet på Polens bekostnad, senare rentav Danmarks fullständiga
krossande. I denna väv av idéer och planer hade England en viktig plats som
handelspartner och motvikt mot Nederländerna. Ja, kanske var landet rentav
en tänkbar partner i ett styckande av Danmark?
Traktaten 1656 var en följd av att avtalet
från 1654 lämnat vissa frågor öppna, exempelvis den principiellt mycket
viktiga punkten om definitionen av "kontraband". Cromwell var välvilligt
inställd till det protestantiska Sverige och Karl X Gustavs angrepp på Polen
fick honom att associera till Gustav II Adolfs ingripande i 30-åriga kriget.
Om Karl X Gustav behövde Cromwell, vad kunde han erbjuda i gengäld?
Förmånligare handelsvillkor, en omläggning av handeln på Arkangelsk till en
Östersjöhamn med vänligare klimat, en stark protestantisk vapenbroder. Inte
särdeles mycket för att bidra till ett för England föga önskvärt totalt
svenskt herravälde i Östersjöområdet, som dessutom säkert skulle leda till
en ny konflikt med Nederländerna.
Denna 1656 års traktat blev därför ett
blygsamt resultat av de svenska inviterna.
Källa: Den svenska utrikespolitikens
historia I:3 : 1648-1697 / av Georg Landberg. -Stockholm, 1952 ;
Swedish diplomats at Cromwell's court 1655-1656 / translated and
edited by Michael Roberts. - London, 1988. |