The freedom of the seas : $b or, The right which belongs to the Dutch to take part in the East Indian tradeGrotius, Hugo
Philosophy
The freedom of the seas : $b or, The right which belongs to the Dutch to take part in the East Indian trade
Grotius, Hugo
Freedom of the seas; Law of the sea
easily apprehend that a donation of this kind, dealing with the
property of others, is of no effect. I shall not enter here upon any
discussion as to the power of the Pope, that is the Bishop of the
Roman Church, nor shall I advance anything but a hypothesis which
is accepted by men of the greatest erudition, who lay the greatest
stress on the power of the Pope, especially the Spaniards, who with
their perspicacity easily see that our Lord Jesus Christ when he
said “My kingdom is not of this world” thereby renounced all earthly
power,[31] and that while He was on earth as a man, He certainly
did not have dominion over the whole world, and if He had had such
dominion, still by no arguments could such a right be transferred
to Peter, or be transmitted to the Roman Church by authority of the
‘Vicar of Christ’; indeed, inasmuch as Christ had many things to
which the Pope did not succeed,[32] it has been boldly affirmed--and
I shall use the very words of the writers--that the Pope is neither
civil nor temporal Lord of the whole world.[33] On the contrary, even
if the Pope did have any such power on earth, still he would not be
right in using it, because he ought to be satisfied with his own
spiritual jurisdiction, and be utterly unable to grant that power
to temporal princes. So then, if the Pope has any power at all, he
has it, as they say, in the spiritual realm only.[34] Therefore he
has no authority over infidel nations, for they do not belong to the
Church.[35]
It follows therefore according to the opinions of
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
potioris partis tam Theologorum quam Canonistarum,[36a] non esse
idoneum titulum adversus Indos, vel quia Papa dederit provincias
illas tamquam dominus absolute, vel quia non recognoscunt dominium
Papae; atque adeo ne Saracenos quidem isto titulo umquam spoliatos.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Cajetan and Victoria and the more authoritative of the Theologians
and writers on Canon Law,[36] that there is no clear title against
the East Indians, based either on the ground that the Pope made an
absolute grant of those provinces as if he were their sovereign,
or on the pretext that the East Indians do not recognize his
sovereignty. Indeed, and in truth, it may be affirmed that no such
pretext as that was ever invoked to despoil even the Saracens.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CAPVT IV
_Lusitanos in Indos non habere ius dominii titulo belli_
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account