The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial WatersFulton, Thomas Wemyss
History
The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial Waters
Fulton, Thomas Wemyss
Fisheries -- Great Britain; Great Britain. Royal Navy -- History; Sea-power; Territorial waters -- Great Britain -- History
The _Mare Liberum_ of Grotius was published anonymously at Leyden,
Holland, in March 1609.[616] As the title declares, the author’s object
was to assert the right of the Dutch to trade with the Indies, and to
combat the pretensions of the Portuguese to a monopoly of navigation
and commerce in those regions; but the genesis of the book has only
been recently made known. At the end of the sixteenth century, when
the commerce of the United Provinces was expanding in all directions,
the Dutch merchants resolved to share in the lucrative trade with
the far east. Having failed to open up a passage to the Indies by the
north-east, they boldly sailed thither by the Cape of Good Hope, in
1595, through the seas and to the regions which Portugal claimed for
herself. Encouraged by success, other trading voyages by the same
route were undertaken almost every year. A United Dutch East India
Company was formed in 1602, and the States-General decided to maintain
their rights to the trade by force. The disputes and conflicts with
the Portuguese which followed were soon brought to a head by the
action of the redoubtable Jacob van Heemskerk in attacking and seizing
Portuguese ships.[617] The valuable booty taken from the Portuguese
was brought to Holland in 1604 and 1605, and caused much searching
of heart among the shareholders of the company. Many were gratified
by the spoil, but others of much influence, moved by conscientious
scruples or good policy, refused to share in it, and they threatened
to separate themselves from the company and form a rival association
to carry on peaceful trade under the protection of the King of France.
It was about this time that Grotius, incited by the condition of
affairs, began to write a treatise with the object of encouraging his
countrymen to resist the claims of the Portuguese by force. In a tract
written about 1614 to vindicate _Mare Liberum_ against the attack of
the Scotch lawyer, Welwood--which was not published, and the existence
of which was unknown till about forty years ago--he says that some
years earlier, perceiving the great importance of the East Indian
trade for the Netherlands, and that it could only be made secure by
armed resistance to the Portuguese, he had written a book in which he
explained the law of war and spoil; and in order to rouse the popular
mind he gave an account of the ill-treatment of the Dutch in the East
Indies at the hands of the Portuguese.[618] Grotius was then only a
little over twenty years of age, and it enhances our sense of the
precocity and fertility of his genius to learn that _Mare Liberum_ was
only one chapter (the twelfth) of this treatise. The treatise itself
was not published by Grotius; but in 1608, during the negotiations with
Spain which ended in the truce of Antwerp, on (March 30)/(April 9),
1609, the Spaniards demanded that the Dutch should relinquish the trade
with the West Indies and also with the East Indies (Portugal being then
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