Front Page Titles (by Subject) CHAPTER III: The Portuguese have no right of sovereignty over the East Indies by virtue of title based on the Papal Donation - The Freedom of the Seas (Latin and English version, Magoffin trans.)
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CHAPTER III: The Portuguese have no right of sovereignty over the East Indies by virtue of title based on the Papal Donation - Hugo Grotius, The Freedom of the Seas (Latin and English version, Magoffin trans.) 
*The Freedom of the Seas, or the Right Which Belongs to the Dutch to take part in the East Indian Trade, *Translated by Ralph Van Deman Magoffin, Introduction by James Brown Scott, Director of the Carnegie Endowment for International Peace (New York: Oxford University Press, 1916).
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The Portuguese have no right of sovereignty over the East Indies by virtue of title based on the Papal Donation
Next, if the partition made by the Pope Alexander VI * is to be used by the Portuguese as authority for jurisdiction in the East Indies, then before all things else two points must be taken into consideration.
First, did the Pope merely desire to settle the disputes between the Portuguese and the Spaniards?
This was clearly within his power, inasmuch as he had been chosen to arbitrate between them, and in fact the kings of both countries had previously concluded certain treaties with each other on this very matter. 1 Now if this be the case, seeing that the question concerns only the Portuguese and Spaniards, the decision of the Pope will of course not affect the other peoples of the world.
Second, did the Pope intend to give to two nations, each one third of the whole world?
But even if the Pope had intended and had had the power to make such a gift, still it would not have made the Portuguese sovereigns of those places. For it is not a donation that makes a sovereign, it is the consequent delivery of a thing 2 and the subsequent possession thereof.
Now, if any one will scrutinize either divine or human law, not merely with a view to his own interests, he will easily apprehend that a donation of this kind, dealing with the property of others, is of no effect. I shall not enter here upon any discussion as to the power of the Pope, that is the Bishop of the Roman Church, nor shall I advance anything but a hypothesis which is accepted by men of the greatest erudition, who lay the greatest stress on the power of the Pope, especially the Spaniards, who with their perspicacity easily see that our Lord Jesus Christ when he said “My kingdom is not of this world” thereby renounced all earthly power, 1 and that while He was on earth as a man, He certainly did not have dominion over the whole world, and if He had had such dominion, still by no arguments could such a right be transferred to Peter, or be transmitted to the Roman Church by authority of the ‘Vicar of Christ’; indeed, inasmuch as Christ had many things to which the Pope did not succeed, 2 it has been boldly affirmed—and I shall use the very words of the writers—that the Pope is neither civil nor temporal Lord of the whole world. 3 On the contrary, even if the Pope did have any such power on earth, still he would not be right in using it, because he ought to be satisfied with his own spiritual jurisdiction, and be utterly unable to grant that power to temporal princes. So then, if the Pope has any power at all, he has it, as they say, in the spiritual realm only. 4 Therefore he has no authority over infidel nations, for they do not belong to the Church. 5
It follows therefore according to the opinions of Cajetan and Victoria and the more authoritative of the Theologians and writers on Canon Law, 1 that there is no clear title against the East Indians, based either on the ground that the Pope made an absolute grant of those provinces as if he were their sovereign, or on the pretext that the East Indians do not recognize his sovereignty. Indeed, and in truth, it may be affirmed that no such pretext as that was ever invoked to despoil even the Saracens.
[* ][The Cambridge Modern History, I, 23–24, has a good paragraph upon this famous Papal Bull of May 14, 1493 (modified June 7, 1494, by treaty of Tordesillas).]
[1 ][Grotius cites Osorius, but gives no reference.]
[2 ]Institutes II, 1, 40.
[1 ]Luke XII, 14; John XVIII, 36; Victoria, De Indis I, n. 25.
[2 ]Victoria XVI, n. 27.
[3 ]Vasquius, Controversiae illustres, c. 21; Torquemada II, c. 113; Hugo on Dist. XCVI, C. VI; St. Bernard, Admonitory epistle to Pope Eugene III, book 2; Victoria, De Indis I, n. 27; Covarruvias in c. Peccatum § 9, n. 7.
[4 ]Matthew XVII, 27; XX, 26; John VI, 15.
[5 ]Victoria, De Indis I, n. 28, 30; Covarruvias on I Corinthinas V, at the end; Thomas Aquinas, Summa II. II, q. 12, a. 2; Ayala, De Jure I, 2, 29 [Best edition of Ayala is in The Classics of International Law, Carnegie Institution of Washington, 2 vol., 1912].
[1 ]Thomas Aquinas, Summa II. II, q. 66, a. 8; Silvius, De infidelibus § 7; Innocent on the Decretals of Pope Gregory IX, III, 34, 8; Victoria, De Indis I, n. 31. [Franciscus Silvius, or Sylvius, or du Bois (1581–1649), was a Belgian theologian.]