estants now carried the war into the territory of the enemy. Before the end of the century, Houtman, with the help of a booklet written by Linschoten (a Hollander who had been in the Portuguese service), had at last discovered the route to the Indies. As a result the great Dutch East India Company was founded and a systematic war upon the Portuguese and Spanish colonies in Asia and Africa was begun in all seriousness.
It was during this early era of colonial conquest that a curious lawsuit was fought out in the Dutch courts. Early in the seventeenth century a Dutch Captain by the name of van Heemskerk, a man who had made himself famous as the head of an expedition which had tried to discover the North Eastern Passage to the Indies and who had spent a winter on the frozen shores of the island of Nova Zembla, had captured a Portuguese ship in the straits of Malacca. You will remember that the Pope had divided the world into two equal shares, one of which had been given to the Spaniards and the other to the Portuguese. The Portuguese quite naturally regarded the water which surrounded their Indian islands as part of their own property and since, for the moment, they were not at war with the United Seven Netherlands, they claimed that the captain of a private Dutch trading company had no right to enter their private domain and steal their ships. And they brought suit. The directors of the Dutch East India Company hired a bright young lawyer, by the name of De Groot or Grotius, to defend their case. He made the astonishing plea that the ocean is free to all comers. Once outside the distance which a cannon ball fired from the land can reach, the sea is or (according to Grotius) ought to be, a free and open highway to all the ships of all nations. It was the first time that this startling doctrine had been publicly pronounced in a court of law. It was opposed by all the other seafaring people. To counteract the effect of Grotius' famous plea for the "Mare Liberum," or "Open Sea," John Selden, the Englishman, wrote his famous treatise upon the "Mare Clausum" or "Closed Sea" which treated of the natural right of a sovereign to regard
