The Online Library of Liberty

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• Introduction
• A Note On the Texts
• Acknowledgments
• The Free Sea, Or a Disputation Concerning the Right Which the Hollanders Ought to Have to the Indian Merchandise For Trading
• To the Princes and Free States of the Christian World
• Chapter 1: By the Law of Nations Navigation Is Free For Any to Whomsoever
• Chapter 2: That the Portugals Have No Right of Dominion Over Those Indians to Whom the Hollanders Sail By Title of Invention
• Chapter 3: That the Portugals Have No Right of Dominion Over the Indians By Title of the Pope’s Gift
• Chapter 4: That the Portugals Have No Right of Dominion Over the Indians By Title of War
• Chapter 5: That the Sea Or Right of Sailing On It Is Not Proper to the Portugals By Title of Possession
• Chapter 6: The Sea Or Right of Navigation Is Not Proper to the Portugals By Title of the Pope’s Gift
• Chapter 7: That the Sea Or Right of Sailing Is Not Proper to the Portugals By Title of Prescription Or Custom
• Chapter 8: That Trading Is Free By the Law of Nations Among All Or Between Any
• Chapter 9: That Merchandise Or Trading With the Indians Is Not Proper to the Portugals By Title of Possession
• Chapter 10: That Trading With the Indians Is Not Proper to the Portugals By Title of the Pope’s Donation
• Chapter 11: That Trading With the Indians Is Not Proper to the Portugals By the Right of Prescription Or Custom
• Chapter 12: That the Portugals Incline Not to Equity In Forbidding Trade
• Chapter 13: That the Right of the Indian Trade Is to Be Retained and Maintained Both By Peace, Truce and War
• William Welwod’s Critique: “of the Community and Propriety of the Seas”
• Hugo Grotius’s Reply: “defense of Chapter V of the Mare Liberum ” Which Had Been Attacked By William Welwod, Professor of Civil Law, In Chapter Xxvii of That Book Written In English to Which He Gave the Title “ an Abridgement of All Sea-lawes ”
• Bibliography

chapter 10

That trading with the Indians is not proper to
the Portugals by title of the Pope’s donation

No man granted it unless peradventure the Pope, who could not. For no man can grant that which is none of his own. But the Pope, unless he be temporal lord of the whole world (which wise men deny), cannot say that the universal right also of merchandising is in his authority. But chiefly when the thing is wholly applied unto gain and nothing appertaining to the promoting of spiritual things, without which (as all men confess) the Pope’s power ceaseth. Further, if the Pope would give that right only to the Portugals, and would take away the same from other men, he should commit double injury. First, to the Indians who, as they are put out of the Church, were no way subject to the Pope, as we have said. Seeing therefore the Pope could take away nothing from them which was theirs, he could not take away that right which they have of trading with whom they pleased. Next, to all other Christian men and infidels, from whom he could not take that right without cause or their cause not being heard. What, cannot temporal lords indeed in their dominions forbid the liberty of trading, as by reasons and authorities before is declared?

So then this likewise is to be confessed, that no authority of the Pope is of force against the perpetual law of nature and nations whence this liberty took beginning, which shall continue forever.