Santa Catarina (ship)
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''Santa Catarina'' was a Portuguese merchant ship, a 1500-ton carrack, that was seized by the
Dutch East India Company The United East India Company ( nl, Verenigde Oostindische Compagnie, the VOC) was a chartered company established on the 20th March 1602 by the States General of the Netherlands amalgamating existing companies into the first joint-stock ...
(also known as V.O.C) during February 1603 off
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bor ...
. She was such a rich prize that her sale proceeds increased the capital of the V.O.C by more than 50%. From the large amounts of
Ming Chinese The Ming dynasty (), officially the Great Ming, was an imperial dynasty of China, ruling from 1368 to 1644 following the collapse of the Mongol-led Yuan dynasty. The Ming dynasty was the last orthodox dynasty of China ruled by the Han peop ...
porcelain captured in this ship, Chinese pottery became known in Holland as '' Kraakporselein'', or "carrack-porcelain" for many years.


The capture of ''Santa Catarina''

At dawn of 25 February 1603 three Dutch ships under the command of Admiral
Jacob van Heemskerck Jacob van Heemskerck (3 March 1567 – 25 April 1607) was a Dutch explorer and naval admiral. Early life Jacob van Heemskerck was born in Amsterdam in 1567. He is described as having delicate feature, large brown eyes, a thin high nose, ...
spotted the carrack at anchor off the Eastern coast of Singapore. The Portuguese ship, captained by Sebastian Serrão, was travelling from
Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a p ...
to Malacca, loaded with products from China and Japan, including 1200 bales of Chinese raw silk, worth 2.2 million
guilders Guilder is the English translation of the Dutch and German ''gulden'', originally shortened from Middle High German ''guldin pfenninc'' "gold penny". This was the term that became current in the southern and western parts of the Holy Roman Emp ...
. The cargo was particularly valuable because it contained several hundred ounces of
musk Musk ( Persian: مشک, ''Mushk'') is a class of aromatic substances commonly used as base notes in perfumery. They include glandular secretions from animals such as the musk deer, numerous plants emitting similar fragrances, and artificial sub ...
. After a couple of hours of fighting, the Dutch managed to subdue the crew who forfeited the cargo and the ship, in return for the safety of their lives. The Amsterdam Admiralty Court declared the captured carrack good
prize A prize is an award to be given to a person or a group of people (such as sporting teams and organizations) to recognize and reward their actions and achievements.
on 4 September 1604. This period marked the start of the Dutch–Portuguese War that would end the Portuguese monopoly on trade in the
East Indies The East Indies (or simply the Indies), is a term used in historical narratives of the Age of Discovery. The Indies refers to various lands in the East or the Eastern hemisphere, particularly the islands and mainlands found in and around ...
. The Dutch, who had learnt about the trade routes in 1596 due to another Dutchman,
Jan Huyghen van Linschoten Jan Huygen van Linschoten (1563 – 8 February 1611) was a Dutch merchant, trader and historian. He travelled extensively along the East Indies regions under Portuguese influence and served as the archbishop's secretary in Goa between 1583 ...
, were attempting to appropriate some of that wealth for themselves.


''Santa Catarina'' and ''Mare Clausum'' versus ''Mare Liberum'' controversy

The Dutch were at war with Spain and
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
when ''Santa Catarina'' was captured. Though Heemskerk did not have authorization from the company or the government to initiate the use of force, many shareholders were eager to accept the riches that he brought back to them. Not only was the legality of keeping the
prize A prize is an award to be given to a person or a group of people (such as sporting teams and organizations) to recognize and reward their actions and achievements.
questionable under Dutch statute, but a faction of shareholders (mostly
Mennonite Mennonites are groups of Anabaptist Christian church communities of denominations. The name is derived from the founder of the movement, Menno Simons (1496–1561) of Friesland. Through his writings about Reformed Christianity during the Radi ...
) in the Company also objected to the forceful seizure on moral grounds, and of course, the Portuguese demanded the return of their cargo. The scandal led to a public judicial hearing and a wider campaign to sway public (and international) opinion. It was in this wider contest that representatives of the Company called upon jurist Hugo Grotius to draft a
polemic Polemic () is contentious rhetoric intended to support a specific position by forthright claims and to undermine the opposing position. The practice of such argumentation is called ''polemics'', which are seen in arguments on controversial topic ...
al defence of the seizure. Grotius sought to ground his defense of the seizure in terms of the natural principles of justice. One chapter of his long theory-laden treatise entitled '' De Jure Prædæ'' made it to the press in the form of the influential pamphlet, ''
Mare Liberum ''Mare Liberum'' (or ''The Freedom of the Seas'') is a book in Latin on international law written by the Dutch jurist and philosopher Hugo Grotius, first published in 1609. In ''The Free Sea'', Grotius formulated the new principle that the s ...
'' (''The Free Sea''). In ''Mare Liberum'', published in 1609, Grotius adapted the principle originally formulated by
Francisco de Vitoria Francisco de Vitoria ( – 12 August 1546; also known as Francisco de Victoria) was a Spanish Roman Catholic philosopher, theologian, and jurist of Renaissance Spain. He is the founder of the tradition in philosophy known as the School of Sala ...
and further developed by Fernando Vázquez de Menchaca (cf. the
School of Salamanca The School of Salamanca ( es, Escuela de Salamanca) is the Renaissance of thought in diverse intellectual areas by Spanish theologians, rooted in the intellectual and pedagogical work of Francisco de Vitoria. From the beginning of the 16th cen ...
), that the sea was international territory, against the Portuguese ''
Mare Clausum ''Mare clausum'' (legal Latin meaning "closed sea") is a term used in international law to mention a sea, ocean or other navigable body of water under the jurisdiction of a state that is closed or not accessible to other states. ''Mare clausum'' ...
'' (closed sea) policy, and all nations were free to use it for seafaring trade. Grotius, by claiming ' free seas', provided suitable ideological justification for the Dutch breaking up of various trade
monopolies A monopoly (from Greek el, μόνος, mónos, single, alone, label=none and el, πωλεῖν, pōleîn, to sell, label=none), as described by Irving Fisher, is a market with the "absence of competition", creating a situation where a speci ...
through its formidable naval power. England, competing fiercely with the Dutch for domination of world trade, opposed this idea, redefining the Mare Clausum principles. As conflicting claims grew out of the controversy, maritime states came to moderate their demands and base their maritime claims on the principle that it extended seawards from land. A workable formula was found by Cornelius Bynkershoek in his ''De dominio maris'' (1702), restricting maritime dominion to the actual distance within which cannon range could effectively protect it. This became universally adopted and developed into the
three-mile limit The three-mile limit refers to a traditional and now largely obsolete conception of the international law of the seas which defined a country's territorial waters, for the purposes of trade regulation and exclusivity, as extending as far as the r ...
.


Notes


References

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Further reading

* * * * * * * * {{DEFAULTSORT:Santa Catarina (Ship) Age of Sail merchant ships of Portugal Ships of the Dutch East India Company Santa Catarina (1603) 1603 1604 in law 1604 in Europe Maritime incidents in 1603 Law of the sea Carracks Hugo Grotius