The long goodbye: Hugo Grotius’ justification of Dutch expansion overseas, 1615–1645

This article examines Grotius’ lifelong support for Dutch expansion overseas. As noted in other publications of mine, Grotius cooperated closely with the directors of the Dutch East India Company (VOC) in the years 1604–1615. Right up to his arrest for high treason in August 1618, he contributed towards Dutch government discussions about the establishment of a West India Company (WIC). Three years of imprisonment at Loevestein Castle and, following his escape, long years of exile could not weaken his dedication to the cause. His relatives in Holland, in particular his brother Willem de Groot and his brother-in-law Nicolaas van Reigersberch, kept him up-to-date on the fortunes of the VOC and WIC. His expertise on maritime affairs was in high demand. For example, Cardinal Richelieu invited him in November 1626 to become actively involved in the establishment of a French East India Company. As itinerant ideologue of empire, Grotius sought to further his own career and those of his nearest family members, without damaging the interests of the United Provinces. Through Willem de Groot and Nicolaas van Reigersberch, he provided informal advice on Dutch imperial policy to the VOC directors and government officials in The Hague. He was rewarded with the appointment of his brother and his second son, Pieter de Groot, as VOC lawyers (ordinaris advocaten) in 1639 and 1644, respectively. They served as his proxies in diplomatic disputes involving the VOC, the States General and the Portuguese ambassador in autumn 1644, when Pieter and Willem de Groot wrote a defense of VOC claims to the cinnamon-producing areas of Ceylon (modern-day Sri Lanka), liberally citing De Jure Belli ac Pacis. Grotius’ vision of empire hardly changed in the course of 40 years. In his view, the Dutch had gone to the Indies as merchants, not conquerors, and should regulate themselves according to natural law and the law of nations. Thus he contributed to the creation of two political orders, one for Europe and one for the Indies. European diplomatic relations counted for little beyond the Line. VOC and WIC officials could act as judges and executioners in their own cause, without reference to indigenous rulers, other colonial powers, or even the political authorities back home.     

Implementing the truce: negotiations between the Republic and the archducal Netherlands, 1609–10

Generally, the truce treaty that was signed in Antwerp by the archdukes and the Republic on 9 April 1609 is seen as the definitive agreement that led to an armistice of 12 years between the two belligerent parties. Yet it was only one step in a series of negotiations and conferences that lasted from the spring of 1607 to the spring of 1612, since for a number of issues the stipulations of the truce were merely agreements in principle, the terms of which had to be finalised later on. The focus of this article is on the manner in which both parties wanted to see some of the articles actualised or clarified, on the strategies used by both parties in order to obtain what they wanted, and on the final outcome of these talks.     

Sociability and Hugo Grotius

Summary

Grotius has a rudimentary theory of sociability. Only with hindsight has a remark about appetitus societatis been promoted to the starting point of a theory that flourished in the writings of later natural jurists. In this article, I address the issue of the appearance in Grotius's natural law of sociability [as the 1715/38 English translation of John Morrice renders appetitus societatis, following Barbeyrac's sociabilité]. Writing in the just war tradition, Grotius is first of all interested in finding out the conditions for peace, and although injustice is a condition of war, it is not per se true that injustice is a perversion of society. Apparently, not all societies are perfect and the violence of war and the legal actions of peace are both instruments for achieving a greater modicum of justice in this world. Yet appetitus et custodia societatis is called the foundation of justice. Grotius achieved this context for sociability in phases, through a series of writings from c. 1600 until De iure belli ac pacis of 1625, and its revision of 1631. In this development the notion of fides plays an intriguing role, through which we can obtain a better understanding of the meaning of appetitus societatis in the later work. The present article is a sequel to a previous publication, on fides in De iure praedae (Ms. 1604/5). Analysing the genesis of appetitus societatis in De iure belli ac pacis, I argue that Grotius was changing his strategy over the years, without however arriving at a definitive solution to the question of what commits men to the pursuit of justice.     

L'enfer tonique (Malthus et gobineau)

This article focuses on the Tacitist thought shared by Justus Lipsius and Hugo Grotius. Contrary to what his later works might suggest, in the years before the Dutch political crisis of 1618, Grotius appears willing to look at history and contemporary politics in terms of the Tacitist and reason-of-state-based categories defined in Lipsius's political works. A specific Lipsian inspiration seems present in Grotius's Amsterdam address of 1616, and his analysis of the early Dutch Revolt in the Annales et Historiae is determined by categories of thought which at the time were identified with Lipsius's intellectual legacy.     

The long goodbye: Hugo Grotius’ justification of Dutch expansion overseas, 1615–1645

This article examines Grotius’ lifelong support for Dutch expansion overseas. As noted in other publications of mine, Grotius cooperated closely with the directors of the Dutch East India Company (VOC) in the years 1604–1615. Right up to his arrest for high treason in August 1618, he contributed towards Dutch government discussions about the establishment of a West India Company (WIC). Three years of imprisonment at Loevestein Castle and, following his escape, long years of exile could not weaken his dedication to the cause. His relatives in Holland, in particular his brother Willem de Groot and his brother-in-law Nicolaas van Reigersberch, kept him up-to-date on the fortunes of the VOC and WIC. His expertise on maritime affairs was in high demand. For example, Cardinal Richelieu invited him in November 1626 to become actively involved in the establishment of a French East India Company. As itinerant ideologue of empire, Grotius sought to further his own career and those of his nearest family members, without damaging the interests of the United Provinces. Through Willem de Groot and Nicolaas van Reigersberch, he provided informal advice on Dutch imperial policy to the VOC directors and government officials in The Hague. He was rewarded with the appointment of his brother and his second son, Pieter de Groot, as VOC lawyers (ordinaris advocaten) in 1639 and 1644, respectively. They served as his proxies in diplomatic disputes involving the VOC, the States General and the Portuguese ambassador in autumn 1644, when Pieter and Willem de Groot wrote a defense of VOC claims to the cinnamon-producing areas of Ceylon (modern-day Sri Lanka), liberally citing De Jure Belli ac Pacis. Grotius’ vision of empire hardly changed in the course of 40 years. In his view, the Dutch had gone to the Indies as merchants, not conquerors, and should regulate themselves according to natural law and the law of nations. Thus he contributed to the creation of two political orders, one for Europe and one for the Indies. European diplomatic relations counted for little beyond the Line. VOC and WIC officials could act as judges and executioners in their own cause, without reference to indigenous rulers, other colonial powers, or even the political authorities back home.     

“Neptune to the Common-wealth of England” (1652): the “Republican Britannia” and the continuity of interests

ABSTRACT

In the seventeenth century, John Kerrigan reminds us, “models of empire did not always turn on monarchy”. In this essay, I trace a vision of “Neptune’s empire” shared by royalists and republicans, binding English national interest to British overseas expansion. I take as my text a poem entitled “Neptune to the Common-wealth of England”, prefixed to Marchamont Nedham’s 1652 English translation of Mare Clausum (1635), John Selden’s response to Mare Liberum (1609) by Hugo Grotius. This minor work is read alongside some equally obscure and more familiar texts in order to point up the ways in which it speaks to persistent cultural and political interests. I trace the afterlife of this verse, its critical reception and its unique status as a fragment that exemplifies the crossover between colonial republic and imperial monarchy at a crucial moment in British history, a moment that, with Brexit, remains resonant.     

The Praelium Nuportanum by Isaac Dorislaus: Anglo–Dutch Relations and Strategic historiography1

This article investigates the Anglo–Dutch scholar and diplomat Isaac Dorislaus's sole published work, Praelium Nuportanum (PN; 1640), on the battle of Newport in 1600. After presenting some new or little known information about the work, it discusses PN's intellectual context and concludes that the work is a reminder of successful Anglo–Dutch cooperation in the past, of Dutch indebtedness to English assistance, and the Republic's importance as an ally for England, all relevant to the negotiations running in 1640 for an Orange–Stuart wedding, and their backgrounds in the British Civil Wars and Anglo–Spanish–Dutch relations at the time. After the troubles ensuing from Dorislaus's Cambridge lectures on Tacitus in 1627, PN shows the author reconciled with the Court and the Laudian faction. With respect to style and content, PN appears clearly Tacitist in style, with many direct quotations from Tacitus, but this Tacitism operates more on a literary than a political level. Much of PN's historical content is a reworking of Francis Vere's Commentaries (published 1657). From the perspective of the Protestant ‘Anglo–Scoto–Dutch public sphere’ recently discussed in the scholarship, PN might perhaps be read as a warning of the gradual emergence of an Anglo–Dutch Calvinist–parliamentarian ‘realm’ as a force opposing the Crown.     

The Use of Copper and Lead Sheathing in VOC Shipbuilding

Much has been written on the use of lead and copper sheathing in post mediaeval shipbuilding, yet evidence for such hull protection by Dutch shipwrights in the 17th and 18th centuries has received little attention. A discussion of the archaeological and historical evidence pertaining to the application of copper and lead sheathing by the Dutch long‐distance trading companies outlines the argument for the innovative character, experimental use—on ships’ hulls—and standardization—on sternposts—as early as 1602. Archaeological evidence presented mainly comes from the Dutch East Indiamen Nassau (1606), Mauritius (1609), Batavia (1629), Vergulde Draak (1656), and Buitenzorg (1760).     

France's Grotian moment? Hugo Grotius and Cardinal Richelieu's commercial statecraft

Cardinal Richelieu's commercial projects have long been seenas a part of his early efforts to reform the French state. Thispaper argues that Richelieu's commercial activity can more profitablybe viewed in the context of his thinking about relations betweenFrance and its neighbours and of a pan-European movement toreconsider the connections among commerce, governance and sovereigntyspawned by the Dutch war with Spain. Specifically, it examinesRichelieu's relations with the Dutch jurist Hugo Grotius. In1626 the cardinal attempted to hire Grotius as a commercialexpert, consulting with him on several occasions. Although Grotiusdeclined, the cardinal was deeply influenced by Grotius’arguments about the freedom of commerce and trade. Richelieuadapted these arguments to suit French needs and his own Catholicvision of the state.     

Volksunruhen in Württemberg 1789–1801

The juridical force of time forms a critical, but hitherto unexplored part of Hugo Grotius’s discourse on the justice of war and peace. Grotius defines war as a span of time in which disputed rights and armed conflicts between states are examined in reference to temporal coordinates. This method allows him to adjust otherwise static laws to meet the demands of times and spaces in an increasingly expanded world. In doing so, Grotius is also able to reconcile multiple layers of laws in a temporal framework, which suspends one layer of law, to be revived at later times. Finally, cautious in the use of the language of time, Grotius admits both that right demands immediacy, and that justice suffers delays. By this nexus of delay (mora) and emergency (necessitas), Grotius warns against the abuse of ‘time’ as a legal concept to justify unlawful claims, which still rings with alarm today.     

‘Iustitiam non includo’: Carl Schmitt,Hugo Grotius and the Ius Publicum Europaeum

Through a discussion of Hugo Grotius’ conception of just war, this essay shows that within his critique of liberalism, Schmitt clashed with the very intellectual tradition he claimed to represent. Both historically and philosophically Schmitt's concept of the Ius Publicum Europaeum was a mirage. Indeed, his concept of the political was a rejection of the moral and civil philosophy that sees politics as the world of active citizens and commonwealths arguing with each other about fundamental questions of justice and equity.     

Does size matter? Foreign aid in Taiwan's diplomatic strategy, 2000–8

This article is the first systematic attempt at estimating the size of Taiwanese foreign aid and, thus, the cost of Taiwan's aid diplomacy. It questions the Republic of China (ROC) President Ma Ying-jeou's justification of his ‘diplomatic truce’ with China as necessitated by an ineffectiveness of his predecessor Chen Shui-bian's costly aid diplomacy. Deriving its evidence from the ROC governmental budgets, local media reports and interviews with Taiwanese officials involved in foreign aid implementation, the article argues that President Chen did not engage in ‘generous financial aid’ and proposes that this parsimony, rather than futility of aid diplomacy as a strategy to expand Taiwan's international space, should be considered as contributing to Taipei's diplomatic failures from 2000 to 2008.     

Pufendorf disciple of Hobbes: The nature of man and the state of nature: The doctrine of socialitas

No doctrine of Pufendorf's is better known than that of socialitas. The reason is that Pufendorf himself declared that socialitas was the foundation of natural law. No interpreter of Pufendorf can therefore avoid dealing with it. Moreover, Pufendorf linked the issue of socialitas to the question of the state of nature, thus raising important issues with both theological and philosophical implications.

Given the prominence and importance of this theme in Pufendorf's work, a close analysis of what he meant by it is central to the interpretation of his work, even though this means to pose again a new number of questions already discussed in the scholarly literature. In particular, this article examines the relationship between Pufendorf and Hobbes with regard to this central theme. In fact, a traditional historiographic topos is that Pufendorf and Hobbes fundamentally disagree on the doctrine of socialitas, while the former is closer to Grotius and to the Aristotelian-classic tradition that see man as a social animal.

This article takes, instead, Pufendorf to be a follower of Hobbes, and tries to explain how the more traditional view of Pufendorf as a critic of Hobbes was in some way due to Pufendorf's own attempt to distance himself from the accusations of Hobbesism (and hence of atheism and moral indifference) that the critics made against him when his work first appeared. In order to do this, Pufendorf tried to rethink his own position within the history of ethics, and put himself on the side of the Stoics, of Grotius and of Cumberland, against Epicurus and Hobbes. This retrospective ‘illusion’ has greatly influenced later scholarship, giving us a distorted image of Pufendorf's own view of socialitas. A more precise account of the latter gives a better prospective from which to look at the relationship between Pufendorf and Hobbes.     

Attorney General Kennedy versus Solicitor General Cox: The Formulation of the Federal Government's Position in the Reapportionment Cases

In a recent article in this journal, “May It Please the Court? The Solicitor General's Not-So-‘Special' Relationship: Archibald Cox and the 1963–1964 Reapportionment Cases,” ¹ Helen J. Knowles shows how the Supreme Court went beyond the arguments of the Solicitor General, Archibald Cox, in establishing “one man, one vote” as the governing principle for the election of state legislators. In making this demonstration, Ms. Knowles also shows how Attorney General Robert Kennedy prevailed on Cox to support the plaintiffs in six reapportionment cases despite Cox's serious doubts about this position. ² In doing so, Ms. Knowles was more than generous in describing my small part in this story.     

Contests about Natural Law in Early Enlightenment Copenhagen

This article discusses the works of the first two lecturers on natural law in Copenhagen, Henrik Weghorst and Christian Reitzer. Contrary to the existing scholarship which characterises their works as derivative of either Grotius or Pufendorf, the article argues that the character and significance of these works can only be grasped when understood in light of the local intellectual traditions which they built upon. Seen against this background, it becomes clear that Weghorst and Reitzer developed significantly different theories of natural law, disagreeing on such fundamental issues as the definition of law, the moral good, and the role of sociality in natural law. Following a tradition of Christian natural law in Kiel, Weghorst developed a theory of natural law fundamentally critical of the secularising theories of Grotius and Pufendorf, while Reitzer followed Pufendorf and his disciple Christian Thomasius in Halle. The article concludes by indicating how Weghorst’s and Reitzer’s works established the framework for discussions of natural law in the first decades of the eighteenth century, suggesting the need for further research into the significance of natural law for the early enlightenment in Denmark–Norway.     

Mixed Constitutionalism and Parliamentarism in Elizabethan England: The Case of Thomas Cartwright

The Admonition Controversy (1572–1577), largely between Thomas Cartwright (1534/5–1603) and John Whitgift (1530–1604) has proven fecund ground for intellectual historians analysing the religious dimension to early-modern political ideas. This paper argues that the religious dimension of Cartwright's mixed constitutionalism needs better explanation, rather than just noting that his ecclesiastical mixed constitutionalism (Presbyterianism) mirrors his political mixed constitutionalism. This paper tracks Cartwright's progressive, dialogical unfolding of his mixed constitutionalism in response to Whitgift's attempt to derive episcopacy from the fact of English monarchy, effectively discrediting the Admonition to Parliament (1572). Furthermore, the essay outlines how the Cartwright–Whitgift debate led Cartwright to emphasise a parliamentarist mixed constitution when most of his contemporaries, especially the more famous mixed constitutionalist, Thomas Smith, portrayed the English parliament leaning noticeably towards the monarch. This analysis accepts that religious polemic was a major driving force in the normalisation of parliamentarism, yet seeks to show exactly how this worked out in one of the most important church–state disputes in Elizabethan England.     

Mercator’s Lithuanian–Russian Borderlands: Russiae pars amplificata (1595) and Its Polish Sources

abstract

This article focuses on the inset on Gerardus Mercator’s large map of Russia cum confiniis [Russia with surrounding lands] that was published in his Atlas (1595), and the map Moscovia [Muscovy] published by Jodocus Hondius in the Atlas minor (1607). Comparison of the contents of Mercator’s inset map, titled Russiae pars amplificata [Part of Russia enlarged] and Hondius’s Moscovia map with the Polish propaganda poem Raid on Muscovy by Jan Kochanowski that had appeared in 1583—just after the war between the Polish–Lithuanian Commonwealth and Muscovy—led to the suggestion that both Mercator’s and Hondius’s maps were based on Polish–Lithuanian narrative sources as well as on a map drawn by the Polish royal cartographer Maciej Strubicz. To test the hypothesis, a historical-linguistic analysis of the orthography of the map’s toponyms and hydronyms was employed to distinguish their Polish, German and Latin characteristics. The result confirms that the two maps were indeed based on a Polish military map containing a hidden Polish propaganda message.     

Australia's Actions towards Accepting Indonesian Control of Netherlands New Guinea

In the 1950s and early 1960s the Indonesian–Dutch dispute over the sovereignty of West New Guinea was of great concern to the Australian government. Canberra pursued policies to deny Indonesia control of the territory and encourage the Netherlands to retain its presence there. However, in mid-January 1962, the Australian Cabinet realised the disadvantages of continuing to resist Indonesian claims and gave de facto approval for annexation by Indonesia. This paper examines the reasons for Canberra's policy reversal, arguing that the primary factor was Australia's desire to avoid an Indonesian–Dutch war and prevent the possible Communisation of Indonesia.     

Arnulf of Lisieux and the crisis at Grestain 1164–6: brother bishops,inherited policies and failed leadership

ABSTRACT

This article examines the failed reform of the abbey of Grestain by Arnulf, bishop of Lisieux (r. 1141–81). Faced with a disobedient abbot, in whose absence the monks had resorted to violence and murder, Arnulf saw an opportunity to stamp his authority on his diocese by turning the monastery into a house of canons regular. Arnulf’s policies were shaped by the example of his older brother John, bishop of Sées (r. 1124–44), and his uncle and predecessor in his own bishopric John of Lisieux (r. 1107–41), as well as his mentor Geoffrey of Lèves, bishop of Chartres (r. 1116–49). A close reading of Arnulf’s letters demonstrates that Arnulf's conception of religious leadership and his representation of the crisis at Grestain were formed not only by familial networks, but also by the wider social and educational ideals of the eleventh and twelfth centuries filtered through the Victorines.