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
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to be wondered at, for such speculators are doing an injury to
nature, who, as Aristotle says, is fertile for all alike.[175]
Accordingly it ought not to be supposed that trade was invented for
the benefit of a few, but in order that the lack of one would be
counterbalanced by the oversupply of another, a fair return also
being guaranteed to all who take upon themselves the work and the
danger of transport.
Is the same thing then which is considered grievous and pernicious
in the smaller community of a state to be put up with at all in
that great community of the human race? Shall the people of Spain,
forsooth, assume a monopoly of all the world? Ambrose inveighs
against those who interfere with the freedom of the sea;[176]
Augustine against those who obstruct the overland routes; and Gregory
of Nazianzus[177] against those who buy goods and hold them, and thus
(as he eloquently says) make profits for themselves alone out of
the helplessness and need of others. Indeed in the opinion of this
wise and holy man any person who holds back grain and thus forces up
the market price ought to be given over to public punishment and be
adjudged worthy of death.
Therefore the Portuguese may cry as loud and as long as they shall
please: ‘You are cutting down our profits’! The Dutch will answer:
‘Nay! we are but looking out for our own interests! Are you angry
because we share with you in the winds and the sea? Pray, who had
promised that you would always have those advantages? You are secure
in the possession of that with which we are quite content’.
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CAPVT XIII
_Batavis ius commercii Indicani qua pace, qua indutiis, qua bello
retinendum_
Quare cum et ius et aequum postulet, libera nobis ita ut cuiquam
esse Indiae commercia, superest, ut sive cum Hispanis pax, sive
indutiae fiunt, sive bellum manet, omnino eam, quam a natura
habemus libertatem tueamur. Nam ad pacem quod attinet, notum
est eam esse duorum generum: aut enim pari foedere, aut impari
coitur. Graeci[178a] istam vocant συνθήκην ἐξ ἴσου hanc σπονδὰς ἐξ
ἐπιταγμάτων illa virorum est, haec ingeniorum servilium. Demosthenes
in oratione de libertate Rhodiorum:[179a] καί τοι χρὴ τοὺς
βουλομένους ἐλευθέρους εἶναι τὰς ἐκ τῶν ἐπιταγμάτων συνθήκας φεύγειν,
ὡς ἐγγὺς δουλείας οὔσας, ‘eos qui volunt esse liberi oportet omnes
condiciones quibus leges imponuntur ita fugere tamquam quae proximae
sunt servituti’. Tales autem sunt omnes quibus pars altera in iure
suo imminuitur, iuxta Isocratis definitionem[180a] vocantis τὰ τοὺς
ἑτέρους ἐλαττοῦντα παρὰ τὸ δίκαιον. Si enim, ut inquit Cicero,[181a]
‘suscipienda bella sunt ob eam causam, ut sine iniuria in pace
vivatur’, sequitur eodem auctore*, pacem esse vocandam, non pactionem
servitutis, sed tranquillam libertatem; quippe cum et Philosophorum
et Theologorum
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