Selden Closed Sea excerpts.pdf

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is plainly to give over the disquisition of Law and Right, to insist upon that of Charitie. . . . So
that it in no wise diminisheth from any man’s Right or Power, to permit another to participate of
what is his, when hee himself loseth nothing thereof. And that wee may determine this point in
brief, it is most evident from the Customs of all times, that free Passage (as they call it) is wont
ever to bee so limited by Princes in their Territories, that it is permitted or prohibited, according
to the various concernments of the Publick Good, and not otherwise. . . . But that Wars have
been lawfully undertaken for a denial of Commerce, unless the denial were given contrary to
som antient League, or unless that freedom depended upon som special Tide to Commerce, wee
do as easily deny as any other man can affirm. And though, according to the opinion of
Franciscus Victoria [Francisco de Vitoria, c.1483-1546], who also is followed chiefly by Joannes
Solorzanus [author of De Indiarum jure] it bee affirmed, that the Spaniard had a lawful Right to
subdue the Indians, because they denied Commerce and Entertainment; yet they are in plain
tearms opposed by Ludovicus Molina [1535-1600], who will have no Nation or Common weal
bound, either with or without danger to it self, to admit Commerce or Foreigners, but in case of
great and imminent necessitie, or unless any League, Agreement, or som other special privilege
do intervene. But there are other pretences not a few which the Spaniards allege for the Conquest
of the Indies: For, they pretend also a Right of Discoverie, primarie occupation, Conversion to
the Faith, and other things of that nature, besides the Donation of the Pope. Of all which,
Solorzanus treat’s at large. And it is strange, how the Spaniards should have a Right to acquire
the Indies, upon a denial of Commerce, since it is very well known, that both They and the
Portugals do openly profess, that they may lawfully prohibit Commerce in both the Indies. Nor
doth it prejudice the point at all, that according to the Imperial Law, no Prince, nor any other
holding Royalties by his Grant, can forbid men passage in the common Road without som just