Commentary on the Law of Prize and Booty 
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About this Title:
The history of Commentary on the
Law of Prize and Booty is complex. When Grotius’s personal papers were auctioned in The Hague in 1864, scholars discovered that Mare Liberum was just one chapter in a manuscript of 163 folios, written in justification of the capture of the Portuguese merchantman Santa Catarina in the Strait of Singapore in February 1603. Robert Fruin persuaded the scholar H. G. Hamaker to transcribe and publish it in 1868. The Liberty Fund edition is based on the one prepared by Gwladys L. Williams and Walter H. Zeydel for the Carnegie Endowment for International Peace. It combines the original text and new material. Copyright information:
The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.
Fair use statement:
This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
Table of Contents:
NATURAL LAW AND ENLIGHTENMENT CLASSICS
NOTE ON THE TEXT
COMMENTARY ON THE LAW OF PRIZE AND BOOTY
CHAPTER IEdition: 1950; Page: : Introductory Remarks—Outline [of the Case]—Divisions [of the Discussion]—Method—Order
CHAPTER II: Prolegomena, Including Nine Rules and Thirteen Laws1
Question III. What seizures of prize or booty are just?
Question IV. What wars are just?Edition: 1950; Page: 
CHAPTER VI: Concerning the Efficient Cause of War
CHAPTER VII: Concerning the Subject-Matter of War for What Cause and in What Circumstances Is War Justly Waged?
Corollary to Question VI. Can there be a war that is just for both parties?
CHAPTER VIII: Concerning the Forms to Be Followed in Undertaking and Waging War
CHAPTER IX: Concerning the Aims of War
Question IX. By whom may prize or booty be acquired?
Part I.: A General Discussion, Which Deals with the Following Items:
Part II.: A Discussion of Events in the East Indies, Which Deals with the Following Items:
CHAPTER XII: Wherein It Is Shown That Even If the War Were a Private War, It Would Be Just, and the Prize Would Be Justly Acquired by the Dutch East India Company; and Wherein, Too, the Following Theses Are Presented:
CHAPTER XIIIEdition: 1950; Page: : Wherein It Is Shown That the War Is Just, and That the Prize in Question Was Justly Acquired by the Company, in the Public Cause of the Fatherland
Part I.: The Seizure of the Prize in Question Was Honourable
Part II.: It Is Honourable to Retain Possession of the Prize in Question
Part I.: The Seizure of the Prize in Question Was Beneficial
Part II.: Retention of Possession of the Said Prize Is Beneficial
APPENDIX A: Table of Rules and Laws Compiled from Chapter II of the Commentary
APPENDIXES TO THE LIBERTY FUND EDITION
APPENDIX I: Documents Listed by Grotius at the End of the Manuscript
I: Edict of the Estates General of the United Provinces April 2, 15991
II: Verdict of the Amsterdam Admiralty Board September 9, 160422
III: Decree of the Estates of Holland September 1, 160428
IV: The Bishop of Malacca33 to the King of Spain and Portugal April 30, 160034
V: The Council of Malacca to the Four Representatives of the Dutch Ships Who Accompanied the Portuguese Prisoners to an Island near Malacca March 9, 160342
VI: The Governor of Malacca45 to Admiral Jacob van Heemskerck March 9, 160346
VII: The Governor of Malacca to Admiral Jacob van Heemskerck March 26, 160349
VIII: The Captain of the Santa Catarina to Admiral Jacob Heemskerck March 24, 160350
APPENDIX II: Archival Documents Relating to De Jure Praedae Translated by Martine J. van Ittersum
I: Nicolas de Montalegre to André Furtado de Mendonça,1 Capitão-Mór and General of the South Sea and His Conquests June 20, 16022
II: Jacob van Heemskerck3 to the Directors of the United Amsterdam Company July 13, 16024
III: Jacob van Heemskerck and His Council of Naval Officers Resolve to Attack Portuguese Shipping Indiscriminately December 4, 16026
IV: Jacob van Heemskerck to the Directors of the United Amsterdam Company August 27, 16037
V: Jan ten Grootenhuys13 to Hugo Grotius October 15, 160414
VI: Jan ten Grootenhuys to Hugo Grotius October 20, 160417
VII: Petition of the United Dutch East India Company Drafted by Hugo Grotius Submitted to the Estates General on March 4, 160618
VIII: Hugo Grotius to G. M. Lingelsheim23 November 1, 1606 24
IX: The Directors of the United Dutch East India Company to the Sultan of Tidore25 Drafted by Hugo Grotius Winter of 1606–726
X: The Zeeland Directors of the United Dutch East India Company to Hugo Grotius November 4, 160829
BIBLIOGRAPHY FOR INTRODUCTION AND NOTES
SUGGESTIONS FOR FURTHER READING