Mar 30 2019

Mare Liberum: Western philosophy: Political philosophy: and the resulting two treatises, The Freedom of the Seas () and On the Law of War and Peace. Mare Liberum vs. Mare. Clausum: Grotius, Freitas, and Selden’s Debate on. Dominion over the Seas. M6nica Brito Vieira. Why would you withhold water from my. In Dutch legal thinker Hugo Grotius (de Groot) wrote Mare liberum, about the idea of freedom of the seas. Later, this was pivotal to the.

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Hence also come the following: Now, made the weakness of this his first and principal ground doth this way appear, let any man judge upon the truth of that which Cicero his man sets down— sunt privata natura nulla 9 —and likewise of all other his authors their opinions for the fortification of an original community of things.

The manuscript of that commentary remained unknown to posterity until it resurfaced at a sale of de Groot family papers in Which distinction, as it is agreeable to nature, so it was approved by a certain answer of Ulpian who, being demanded whether the lord of two manors upon the sea could impose servitude upon one of them which he would sell, that it should not thereby be lawful to fish in a certain place of the sea, answered the thing itself, that the sea frotius not have any servitude imposed on it because by nature it should be open to all, but seeing the true meaning of a contract required the law of sale to liberjm kept, the persons of the possessors and such as succeeded in their right were grotiu by this law.

So we are every way excluded. And albeit in part they afterward varied from that law, to wit, as concerning dominion and property of countries, the dominion whereof by nature being common was distinguished and divided, and so there gtotius a separation from that community. It rests to touch the other cause natural for that other impossibility which may be the continual flux and Edition: Victoria also thinketh it a just cause of war if they should be forbidden to go on pilgrimage and to live with them; if they were denied from the participation of those things which by the law of nations or customs are common; if, finally, they were not admitted to traffic.

Wherefore seeing both law and equity required that the trade of India should maare free for us as for any other, it remaineth that we wholly maintain that liberty which we have by nature, whether we have peace, truce or war with the Spaniard. It is certainly a very powerful argument, for maintaining the freedom of navigation, that the sea belongs to no one.


The Free Sea (Hakluyt trans.) – Online Library of Liberty

This other also is not lightly to be regarded: And I would to God the revenues of all the princes and tyrants of the world were so diminished! I do not regret having said these things incidentally, in order that it might be evident that those statements, which very estimable authorities have set down with regard to the original community of property, had their origin in truth, whether an inference of reason led them to that conclusion or whether they themselves had transmitted to posterity the story received from their progenitors.

All men therefore see that he who would forbid another to sail can defend himself by no law, seeing Ulpian saith he is guilty of wrong. Whereupon I do not read in the Old Testament where possession was to be taken by arms that war was proclaimed against any country of the infidels because they were infidels but because they would not grant passage or because they had offended them, as the Midianites, or that they might recover their own granted unto them by the divine liberality.

Mare Liberum

Yet if the Portuguese could claim no right of possession dominium over the sea, the question remained whether they could still claim jurisdiction imperiumwhich would allow them to debar others from trade with the East Indies. Nay, and that after prohibition if any were forbidden to sail on the sea or not permitted to sell his goods or use that which was his own, for that cause Ulpian answered he might have an action of trespass. For in both cases, as appeareth, the reason is alike.

In fact, I was expecting that some Spaniard would write a reply to my little book, a thing which I hear was done at Salamanca, 1 but as yet I have not happened to see that book. And thus far concerning Mare Liberum his last and great conclusion against all appropriation thereof by people or princes.

Mare Liberum – Wikipedia

But if the matter fall out otherwise, we leave it to your religion and equity what you censure of it and what is to be done. When its contents were sold in Amsterdam, they grossed more llberum three million guilders, a sum equivalent to just less than the annual revenue of the English government at the time and more than double the capital of the English East India Company.

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The Free Sea was one of only three book-length translations Hakluyt himself undertook. And therein it is more, that even the concurring of these three things would not suffice to get a right. Thus we see in arid regions there has been a departure from community of land after competition over wells had arisen.

Thus the emperor says: But what is more unjust than that Edition: But if anyone nevertheless should persist in claiming that there is question here also of the right of occupation by which individuals make individual things their own, not even then does this argument contribute anything to the point.

We move no doubtful or entangled question, not of doubtful principles in religion, which seem to have much obscurity, which being so llberum disputed with so stout courage, have almost left this for certain amongst wise men: Moreover, by law natural and divine it is commanded that thou do not that to liebrum which thou would desire not have done to thee. Why is it that today even, although amid such great corruption of morals, still we see many things remaining common, not among private individuals only, but likewise among peoples, and not only for many years, but for centuries?

Nor is it unworthy of mention that, shortly after the creation of the world, when the number of the human race was small and living was simpler, that ownership of individual things which is distinct from use was much less necessary than it is now, than it became afterwards. The one is mastery of technical vocabulary; the other is unraveling of complicated syntax.

For Marcian testifieth whatsoever is possessed or may be possessed, that now appertaineth not to the law of nations as the sea doth: And the Portugals therefore come thronging hither, but the most certain reason of the law debarreth them of either defense.

Grotius broke down the Portuguese claim of exclusive access to the East Indies into three constituent parts: