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
because of their unbelief, since sovereignty is a matter of positive
law, and unbelief is a matter of divine law, which cannot annul
positive law, as has been argued above. In fact I know of no law
against such unbelievers as regards their temporal possessions.
Against them no King, no Emperor, not even the Roman Church,
can declare war for the purpose of occupying their lands, or of
subjecting them to temporal sway. For there is no just cause for war,
since Jesus Christ the King of Kings, to whom all power was given in
heaven and on earth, sent out for the conquest of the world not armed
soldiers, but holy disciples, “as sheep in the midst of wolves.” Nor
do I read in the Old Testament, when possession had to be obtained
by force of arms, that the Israelites waged war on any heathen land
because of the unbelief of its inhabitants; but it was because the
heathen refused them the right of innocent passage, or attacked them,
as the Midianites did; or it was to recover the possessions which
had been bestowed upon them by divine bounty. Wherefore we should be
most miserable sinners if we should attempt to extend the religion
of Jesus Christ by such means. Nor should we be their lawful rulers,
but, on the contrary, we should be committing great robberies, and
be compelled to make restitution as unjust conquerors and invaders.
There must be sent to them as preachers, good men to convert them to
God by their teaching and example; not men who will oppress them,
despoil them, subdue and proselytize them, and “make them twofold
more the children of hell than themselves,”* after the manner of the
Pharisees’.
* [Matthew XXIII, 15].
Indeed I have often heard that it has been decreed by the Council
of Spain, and by the Churchmen, especially the Dominicans, that the
Americans (Aztecs and Indians) should be converted to the Faith by
the preaching of the Word alone, and not by war, and even that their
liberty of
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restitui debere, quod a Paulo tertio Pontifice, et Carolo V
Imperatore Hispaniarum Rege comprobatum dicitur.
Omittimus iam Lusitanos in plerisque partibus religionem nihil
promovere, ne operam quidem dare, cum soli lucro invigilent. Immo et
illud ibi verum esse, quod de Hispanis in America Hispanus scripsit,
non miracula, non signa audiri, non exempla vitae religiosae, quae
ad eandem fidem alios possent impellere, sed multa scandala, multa
facinora, multas impietates.
Quare cum et possessio et titulus deficiat possessionis, neque res
dicionesque Indorum pro talibus haberi debeant quasi nullius ante
fuissent, neque cum illorum essent, ab aliis recte acquiri potuerint,
sequitur Indorum populos, de quibus nos loquimur, Lusitanorum
proprios non esse, sed liberos, et sui iuris; de quo ipsi doctores
Hispani non dubitant.[43a]
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