CHAPTER IX: Trade with the East Indies does not belong to the Portuguese by title of occupation - Hugo Grotius, The Freedom of the Seas (Latin and English version, Magoffin trans.) [1608]
Edition used:
*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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CHAPTER IX
Trade with the East Indies does not belong to the Portuguese by title of occupation
Neither discovery nor occupation [which have been fully treated in Chapters II and V], is to be invoked on the point here under consideration, because the right of carrying on trade is not something corporal, which can be physically seized; nor would discovery or occupation help the case of the Portuguese even if they had been the very first persons to trade with the East Indies, although such a claim would be entirely untenable and false. For since in the beginning peoples set out along different paths, it was necessary that some become the first traders, nevertheless it is absolutely certain that those traders did not on that account acquire any rights. Wherefore if the Portuguese have any right by virtue of which they alone may trade with the East Indies, that right like other servitudes ought to arise from concession, either express or tacit, that is to say, from prescription. Otherwise no such right can exist.
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