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
Use, definition of, 24, 27;
sea not exhausted by, 43;
things susceptible to universal, 29.
Usurpation, definition of, 52;
Portuguese worthless, 68.
_Uti possidetis_, 32, 73.
Varro, reference to, 32.
Vasquius, F. M. (Vasquez), biographical note, 52 n. 4;
cited, 53, 67, 68;
quoted, 52, 55, 56, 58, 70.
Venetians, mention of, 9, 43, 48, 53, 54, 56, 58.
Vergil, quoted, 7, 8, 26;
reference to, 29.
Victoria, F. de, biographical note, 9 n. 3;
reference to, 9, 13, 17, 18.
War, pretexts for, 18, 20.
Water, common to all, 28.
West Indies, claimed by Portuguese, 54.
Willoughby, W. W., xii.
World monopoly, question of, 71.
Zuarius, R., biographical note, 44 n. 3.
FOOTNOTES:
[A] For the freedom of the seas and the relation of Grotius to the
doctrine, see Ernest Nys’s _Les Origines du Droit International_
(1894), pp. 379-387, and the same author’s _Etudes de Droit
International et de Droit Politique_, 2^e série (1901), _Une Bataille
de Livres_, pp. 260-272. For an account in English see Walker’s
_History of the Law of Nations_, Vol. I (1899), pp. 278-283.
For an interesting sketch of the illustrious author of the _Mare
Liberum_, see Motley’s _The Life and Death of John of Barneveld_,
Vol. II, Chap. XXII; for an analysis of Grotius’ views on the law of
nations, see Hallam’s _Introduction to the Literature of Europe_ (4th
edition), Vol. II, Part III, Chap. IV, Sec. III; for an account of
Grotius as a humanist, see Sandys’ _History of Classical Scholarship_
(1908), Vol. II, pp. 315-319.
[B] _Hugonis Grotii De Jure Praedae_, edited, with an introduction,
by H. G. Hamaker, and published at The Hague in 1868 by Martinus
Nijhoff.
[C] In support of the view that Grotius appeared as counsel in cases
arising out of captures made by vessels in the service of the Dutch
East India Company, and that the treatise, _De Jure Praedae_, is a
legal brief, see R. Fruin’s _Een Onuitgegeven Werk van Hugo De Groot_
in _Verspreide Geschriften_, Vol. III, pp. 367-445. The following
passages are quoted from this remarkable essay:
“While busy with the sale of the goods [of the captured merchantman
_Catherine_, which had been unloaded in the Amsterdam arsenal], the
process of adjudicating the booty before the admiralty court was
conducted in the usual forms. Claimants: Advocate General of Holland,
the Board of eight Aldermen, and Admiral Heemskerck; ... on Thursday,
September 9, 1604, final sentence was rendered, and ‘the merchantman
together with the goods taken from it were declared forfeited and
confiscated’” (pp. 389-390).
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