Commentary on the Law of Prize and Booty. Hugo Grotius

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СКАЧАТЬ by the Portuguese against the Dutch.—Article V. The war waged by the Portuguese against the friends of the Dutch.

       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:

       I. Access to all nations is open to all, not merely by the permission but by the command of the law of nations.

       2. Infidels cannot be divested of public or private rights of ownership merely because they are infidels, whether on the ground of discovery, or in virtue of a papal grant, or on grounds of war.

       3. Neither the sea itself nor the right of navigation thereon can become the exclusive possession of a particular party, whether through seizure, through a papal grant, or through prescription (that is to say, custom).

       4. The right to carry on trade with another nation cannot become the exclusive possession of a particular party, whether through seizure, or through a papal grant, or through prescription (that is to say, custom).

       CHAPTER XIII

       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. This Assertion Is True with respect to the Governmental Assemblies of Holland and of the United Provinces, in Their Character as Voluntary Agents.

       PART II. It Is True with respect to the East India Company, in Its Character as a Subject of the Said Assemblies.

       PART III. The War and the Afore-mentioned Acquisition Are also Just on the Basis of the Public Cause of Our Allies.

       In this same chapter the following theses are presented:

       I. A politically organized community, or its various internal states, even when they are ruled by a prince, nevertheless possess authority to enter publicly into a war.

       2. A just ground for war against a prince is the defence of long-established hereditary laws by which the principate is bound.

       3. War against the prince does not require a declaration of war.

       4. It is the part of a good citizen to obey the magistrates currently in office.

       5. A citizen fights in good faith against the prince, when fighting in defence of the state and the laws.

       6. The war of a state against a prince who was formerly its own ruler is a foreign war.

       7. It is sometimes right for Christians to enter into an alliance of war with infidels who are fighting against Christians.

       CHAPTER XIV

       PART I. The Seizure of the Prize in Question Was Honourable:

       In Part I the following theses are presented:

       I. Everything just is honourable.

       2. It is especially honourable to take vengeance, in behalf of one’s allies or one’s native land, upon men who are incorrigible.

       3. Seizure of spoils may be especially honourable because of the purpose served thereby.

       PART II. It Is Honourable to Retain Possession of the Prize in Question.

       CHAPTER XV

       PART I. The Seizure of the Prize in Question Was Beneficial.

       In Part I the following theses are presented:

       I. Everything just is beneficial.

       2. Everything honourable is beneficial.

       3. That which befits the circumstances in which the state is situated is especially beneficial.

       4. It is especially beneficial to do good to allies.

       5. It is especially beneficial to do harm to enemies.

       6. Ease of accomplishment is a beneficial factor.

       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

CHAPTER I

       Introductory Remarks—Outline [of the Case]—Divisions [of the Discussion]—Method—Order СКАЧАТЬ