Following these principles a good judge would award to the Dutch the freedom of trade, and would forbid the Portuguese and others from using force to hinder that freedom, and would order the payment of just damages. But when a judgment which would be rendered in a court cannot be obtained, it should with justice be demanded in a war. Augustine[190] acknowledges this when he says: ‘The injustice of an adversary brings a just war’. Cicero also says:[191] “There are two ways of settling a dispute; first, by discussion; second, by physical force; we must resort to force only in case we may not avail ourselves of discussion.” And King Theodoric says: ‘Recourse must then be had to arms when justice can find no lodgment in an adversary’s heart’. Pomponius, however, has handed down a decision which has more bearing on our argument[192] than any of the citations already made. He declared that the man who seized a thing common to all to the prejudice of every one else must be forcibly prevented from so doing. The theologians also say that just as war is righteously undertaken in defense of individual property, so no less righteously is it undertaken in behalf of the use of those things which by natural law ought to be common property. Therefore he who closes up roads and hinders the export of merchandise ought to be prevented from so doing _via facti_, even without waiting for any public authority. Since these things are so, there need not be the slightest - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - eorum conatus secundet, qui ab ipso institutum ius naturae certissimum violant, aut homines ipsi eos inultos patiantur, qui solo quaestus sui respectu communem humani generis utilitatem oppugnant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - fear that God will prosper the efforts of those who violate that most stable law of nature which He himself has instituted, or that even men will allow those to go unpunished who for the sake alone of private gain oppose a common benefit of the human race. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CVM SVB HOC TEMPVS PLVRIMAE REGIS HISPANIARVM LITTERAE IN MANVS NOSTRAS VENISSENT, QVIBVS IPSIVS ET LVSITANORVM INSTITVTVM MANIFESTE DETEGITVR, OPERAE PRETIVM VISVM EST EX IIS, QUAE PLERAEQVE EODEM ERANT ARGVMENTO, BINAS IN LATINVM SERMONEM TRANSLATAS EXHIBERE. Domine Martine Alphonse de Castro, Prorex amice, ego Rex multam tibi salutem mitto: