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The Law of Nations in Global History$
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C. H. Alexandrowicz, David Armitage, and Jennifer Pitts

Print publication date: 2017

Print ISBN-13: 9780198766070

Published to Oxford Scholarship Online: May 2017

DOI: 10.1093/acprof:oso/9780198766070.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 October 2021

Freitas Versus Grotius (1959)

Freitas Versus Grotius (1959)

(p.121) 8 Freitas Versus Grotius (1959)
The Law of Nations in Global History

C. H. Alexandrowicz

Oxford University Press

This chapter considers the work of Franciscus Seraphin de Freitas, a professor at the University of Valadolid, in particular his treatise entitled De Justo Imperio Lusitanorum Asiatico, and compares his influence to that of Hugo Grotius. Freitas and Grotius were participants in a case that arose from the seizure of a Portuguese vessel in the Straits of Malacca by a Dutch Admiral employed by the Dutch East India Company. Its capture was questioned by some Company members who opposed the adjudication of the prize by the Dutch Admiralty Court. Grotius defended the case and Freitas was chosen to state a case for the King of Spain who was also then the sovereign of Portugal. The chapter argues that Freitas deserves his due place among the writers of the seventeenth century who contributed to the clarification of problems relating to the legal status of the sea and to European–Asian inter-state relations.

Keywords:   Hugo Grotius, Mare Liberum, Franciscus Seraphin de Freitas, law of nations, history, treatise, Dutch East India Company, Portuguese–Dutch conflict, high seas, De Justo Imperio Lusitanorum Asiatico

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