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
Non de mari interiore hic agimus, quod terris undique infusum alicubi
etiam fluminis latitudinem non excedit, de quo tamen satis constat
locutos Romanos Iurisconsultos, cum nobiles illas adversus privatam
avaritiam sententias ediderunt; de Oceano quaeritur, quem immensum,
infinitum, rerum parentem, caelo conterminum antiquitas vocat, cuius
perpetuo humore non fontes tantum et flumina et maria, sed nubes, sed
ipsa quodammodo sidera pasci veteres crediderunt; qui denique per
reciprocas aestuum vices terram hanc humani generis sedem ambiens,
neque teneri neque includi potest, et possidet verius quam possidetur.
In hoc autem Oceano non de sinu aut freto, nec de omni quidem eo quod
e litore conspici potest controversia est. Vindicant sibi Lusitani
quicquid duos Orbes interiacet, tantis spatiis discretos, ut plurimis
saeculis famam sui non potuerint transmittere. Quod si Castellanorum,
qui in eadem sunt
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over the sea itself (I except inlets of the sea), inasmuch as its
occupation is not permissible either by nature or on grounds of
public utility. The discussion of this matter has been taken up for
this reason, namely, that it may be seen that the Portuguese have not
established private ownership over the sea by which people go to the
East Indies. For the two reasons that stand in the way of ownership
are in this case infinitely more powerful than in all others. That
which in other cases seems difficult, is here absolutely impossible;
and what in other cases we recognize as unjust is here most barbarous
and inhuman.
The question at issue then is not one that concerns an INNER SEA, one
which is surrounded on all sides by the land and at some places does
not even exceed a river in breadth, although it is well known that
the Roman jurists cited such an inner sea in their famous opinions
condemning private avarice. No! the question at issue is the OUTER
SEA, the OCEAN, that expanse of water which antiquity describes as
the immense, the infinite, bounded only by the heavens, parent of
all things; the ocean which the ancients believed was perpetually
supplied with water not only by fountains, rivers, and seas, but
by the clouds, and by the very stars of heaven themselves; the
ocean which, although surrounding this earth, the home of the human
race, with the ebb and flow of its tides, can be neither seized
nor inclosed; nay, which rather possesses the earth than is by it
possessed.
Further, the question at issue does not concern a gulf or a strait
in this ocean, nor even all the expanse of sea which is visible from
the shore. [But consider this!!] The Portuguese claim as their own
the whole expanse of the sea which separates two parts of the world
so far distant the one from the other, that in all the preceding
centuries neither one has so much as heard of the other. Indeed, if
we take into account the share of the Spaniards, whose claim
Public-domain text, read in full here on John Shaqi.
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