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the free sea 57 1. Thucydides, Isocrates, Andocides [Grotius’s note]. 2. Isocrates, Archidamos, 51. 3. Isocrates, Panegyricus, 176. 4. Cicero, De officiis, I. 11. 35. 5. Stobaeus, Florilegium, IX. 54; Clement of Alexandria, Stromata, IV. 6; Augustine, City of God, XV. 4. chapter 13 That the right of the Indian trade is to be retained and maintained both by peace, truce and war Wherefore seeing both law and equity required that the trade of India should be free for us as for any other, it remaineth that we wholly maintain that liberty which we have by nature, whether we have peace, truce or war with the Spaniard. For, as touching peace, it is well known it is of two kinds. For it is entertained either upon equal or unequal conditions. The Grecians call that sunjh khn e ◊q i ⁄sou, this sponda c e ◊q e ◊pitagma twn, that appertaineth to men, this to servile dispositions;1 Demosthenes in his oration concerning the liberty of the Rhodians, kai toi xrh  tou c boulome nouc eleujerouc ei finai ta c e ◊k tw ÷ n e ◊pitagma twn sunjh kac feu gein, w ÿ c e ◊ggu c doulei ac ou ⁄sac: “it behooveth all those that will be free to avoid all conditions whereon laws are imposed as those which are next to servitude.”2 But all conditions are such whereby the one party is abridged in his right, according to the definition of Isocrates who called prosta gmata ta  tou c e ÿte rouc e ◊lattou ÷nta para  to  di kaion.3 For if, as Cicero saith, wars are to be undertaken for that cause that we may live peaceably without injury,4 it followeth by the same author that peace is not to be called a covenant of slavery but a quiet liberty, seeing that in the judgment of very many, both philosophers and divines, peace and justice differ rather in name than in deed and that peace is not any agreement whatsoever but a well ordered and disposed concord.5 But if truce be made it appeareth sufficiently by the nature itself of truces that the condition of any should not in the meantime be made the worse, seeing they may obtain an action in the nature of an interdiction of uti possidetis. 58 the free sea 6. Demosthenes, De libertate Rhodiorum, 10. 7. Source unknown: not in Plutarch, Alexander. 8. “Nor let it frighten you that their fleet is winged, each ship with a hundred oars. The sea on which it sails is unwilling. And though the prows bear figures threatening to throw rocks like the centaurs, you will find them only hollow planks and painted terrors . The soldier’s cause makes or mars his strength; if the cause is not just, shame strikes his weapons”: Propertius, Elegies, IV. 6. 47–52. 9. Augustine, Questions on Heptateuch, IV, qu. 44. But if we be violently compelled to war through the unjust dealing of the enemies, the equity of our cause ought to give hope and assurance unto us of good success. For u ÿpe r me n w fl n a ⁄n e ◊lattw ÷ ntai me xri dunatou ÷ pa ntec pole mousi, peri  de  tou ÷ pleone ktein ou ◊x ou¤twc: “For those things wherein all men are injured, all men may fight for them as much as they can. But for the greedy desire of that which is another’s they may not do so.”6 Which also Alexander the emperor hath thus expressed, to  me n a ⁄rxein a ◊dikw ÷ n e ⁄rgwn ou ◊k a ◊gnw mona e ⁄xei th n pro klhsin, to  de  tou ÷c o ◊xlou ÷ntac a ◊posei esjai e ⁄k te thc a ◊gajh ÷c suneidhrew ÷ c e ⁄xei to  jarrale on, kai  e ◊k tou ÷ mh  a ◊di kein a ◊ll' a ◊mu nasjai u ÿpa rxei to  eu ⁄elpi: “His provocation from whom the injury began is most spiteful. But when robbers and murderers are discomfited, as a good conscience bringeth boldness and assurance with it, so because we go about to revenge and not to do a wrong it giveth occasion to hope well.”7 If it must needs be so, proceed, thou most invincible nation on the sea, and boldly fight not only for thine own liberty but for the freedom and liberty of all mankind! nec te, quod classis centenis remigat alis terreat (invito labitur illa mari) quodve vehunt prorae Centaurica saxa minantes, tigna cava...

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