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
“Hulsius in some measure replaces what the fire at the Marine Arsenal
has robbed us of; among other records he has preserved for us in
his _Achte Schiffart_ the sentence pronounced in this matter by the
admiralty, and of which we have knowledge from no other sources.
From it we learn the grounds upon which the claimants demanded
the adjudication of the booty. These grounds are the same twelve
which De Groot discusses in his book.... This concordance can be
explained on the ground that De Groot must have had acquaintance
with the sentence; but he was not a man merely to repeat what others
had before him witnessed. I should be inclined to feel that in the
process he had served as counsel for the Company, and that he himself
was one of the authors of the written claim upon which the sentence
was based. It would not then be surprising if in his book he should
develop at greater length and throw light upon what had already been
set forth in the claim” (pp. 390-391).
“I cannot state definitely that Hugo De Groot was persuaded by the
Directors to write such an argument; I have been unable to discover
any evidence to that end. That he was in close relations with the
Company, he himself says in a letter of later date, addressed to his
brother. Nor can there be any doubt that in writing his work he made
use of the archives of the United Company and of its predecessor. If
the supposition, which I have elsewhere ventured to make is correct,
that is to say, that in the conduct of the case he appeared as
advocate for the Company, it would then appear most probable that,
after consultation with the directors, he set about writing his book,
which was to be a second plea in their behalf” (p. 403).
[D] For the account which Grotius himself gives of the incident, see
his _Annales et Historiae de Rebus Belgicis ab Obitu Philippi Regis
usque ad Inducias Anni_ 1609, written in 1612, but first published in
1658, Book 1, p. 429.
For a fuller account of the circumstances under which the treatise
on the law of prize was written, see Hamaker’s edition of the _De
Jure Praedae_, pp. vii-viii. The distinguished historian and scholar,
Robert J. Fruin, after an exhaustive examination of the evidence,
informed Hamaker that Grotius was retained by the Company to prepare
the commentary on the law of prize. The English translation of
Hamaker’s exact statement reads as follows: “Fruin is of the opinion
that he [Grotius] undertook this work at the instance of the Company,
and that he appeared in it as their spokesman.”
For an analysis of the commentary _De Jure Praedae_ and the
circumstances under which it was written, see Jules Basdevant’s study
on Grotius, pp. 131-137, 155-179, in Pillet’s _Les Fondateurs du
Droit International_ (1904).
Public-domain text, read in full here on John Shaqi.
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