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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CHAPTER XIII
_The Dutch must maintain their right of trade with the East Indies by
peace, by treaty, or by war_
Wherefore since both law and equity demand that trade with the East
Indies be as free to us as to any one else, it follows that we are to
maintain at all hazards that freedom which is ours by nature, either
by coming to a peace agreement with the Spaniards, or by concluding
a treaty, or by continuing the war. So far as peace is concerned, it
is well known that there are two kinds of peace, one made on terms of
equality, the other on unequal terms. The Greeks[178] call the former
kind a compact between equals, the latter an enjoined truce; the
former is meant for high souled men, the latter for servile spirits.
Demosthenes in his speech on the liberty of the Rhodians[179] says
that it was necessary for those who wished to be free to keep away
from treaties which were imposed upon them, because such treaties
were almost the same as slavery. Such conditions are all those by
which one party is lessened in its own right, according to the
definition of Isocrates.[180] For if, as Cicero says,[181] wars
must be undertaken in order that people may live in peace unharmed,
it follows that peace ought to mean not an agreement which entails
slavery, but an undisturbed liberty, especially as peace and justice
according to
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complurium[182a] iudicio pax et iustitia nominibus magis quam re
differant, sitque pax non qualiscumque, sed ordinata concordia.
* [Philippica XII, 14: cum iis facta pax non erit pax, sed pactio
servitutis.]
Indutiae autem si fiunt satis apparet ex ipsa indutiarum natura non
debere medio earum tempore condicionem cuiusquam deteriorem fieri,
cum ferme interdicti uti possidetis instar obtineant.
Quod si in bellum trudimur hostium iniquitate, debet nobis causae
aequitas spem ac fiduciam boni eventus addere. Nam[183a] ὑπὲρ ὧν ἄν
ἐλαττῶνται μεχρὶ δυνατοῦ πάντες πολεμοῦσι, περὶ δὲ τοῦ πλεονεκτεῖν
οὐχ οὕτως, ‘pro his in quibus iniuria afficiuntur omnes quantum
omnino possunt depugnant: at propter alieni cupiditatem non item’;
quod et Alexander Imperator ita expressit: τὸ μὲν ἄρχειν ἀδίκων ἒργων
οὐκ ἀγνώμονα ἔχει τὴν πρόκλησιν, τὸ δὲ τοὺς ὀχλοῦντας ἀποσείεσθαι ἔκ
τε τῆς ἀγαθῆς συνειδήσεως ἔχει τὸ θαῤῥαλέον, καὶ ἐκ τοῦ μὴ ἀδικεῖν
ἀλλ’ ἀμύνασθαι ὑπάρχει τὸ εὔελπι, ‘eius a quo coepit iniuria,
provocatio maxime invidiosa est; at cum depelluntur aggressores,
sicut bona conscientia fiduciam secum fert, ita quia de vindicanda
non de inferenda iniuria laboratur, spes etiam adsunt optimae’.
Si ita necesse est, perge gens mari invictissima, nec tuam tantum,
sed humani generis libertatem audacter propugna.
Public-domain text, read in full here on John Shaqi.
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