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
Concessit nemo, nisi forte Pontifex, qui non potuit.[163a] Nemo
enim quod suum non est concedere potest. At Pontifex, nisi totius
Mundi temporalis sit Dominus, quod negant sapientes, ius etiam
commerciorum universale sui iuris dicere non potest. Maxime vero
cum res sit ad solum quaestum accommodata, nihilque ad spiritualem
procurationem pertinens, extra quam cessat, ut fatentur omnes,
Pontificia potestas. Praeterea si Pontifex solis illud Lusitanis ius
tribuere vellet idemque adimere hominibus ceteris, duplicem faceret
iniuriam: Primum Indis, quos ut extra Ecclesiam positos Pontifici
nulla ex parte subditos esse diximus. His igitur cum nihil quod
ipsorum est adimere possit Pontifex, etiam ius illud quod habent cum
quibuslibet negotiandi adimere non potuit. Deinde aliis hominibus
omnibus Christianis et non Christianis, quibus idem illud ius adimere
non potuit sine causa indicta. Quid quod ne temporales quidem Domini
in suis imperiis prohibere possunt commerciorum libertatem, uti
rationibus et auctoritatibus ante demonstratum est?
Sicut et illud confitendum est, contra ius perpetuum naturae
gentiumque, unde ista libertas originem sumpsit in omne tempus
duratura, nullam valere Pontificis auctoritatem.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CHAPTER X
_Trade with the East Indies does not belong to the Portuguese by
virtue of title based on the Papal Donation_
No one has granted it except perhaps the Pope, and he did not have
the power.[163] For no one can give away what he does not himself
possess. But the Pope, unless he were the temporal master of the
whole world, which sensible men deny, cannot say that the universal
right in respect of trade belongs to him. Especially is this true
since trade has to do only with material gains, and has no concern
at all with spiritual matters, outside of which, as all admit, Papal
power ceases. Besides, if the Pope wished to give that right to the
Portuguese alone, and to deprive all other men of the same right,
he would be doing a double injustice. In the first place, he would
do an injustice to the people of the East Indies who, placed as we
have said outside the Church, are in no way subjects of the Pope.
Therefore, since the Pope cannot take away from them anything that is
theirs, he could not take away their right of trading with whomsoever
they please. In the second place, he would do an injustice to all
other men both Christian and non-Christian, from whom he could not
take that same right without a hearing. Besides, what are we to say
of the fact that not even temporal lords in their own dominions are
competent to prohibit the freedom of trade, as has been demonstrated
above by reasonable and authoritative statements?
Therefore it must be acknowledged, that the authority of the Pope has
absolutely no force against the eternal law of nature and of nations,
from whence came that liberty which is destined to endure for ever
and ever.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account