hominibus iuste negari; sicut et potum ex flumine. Ratio apparet, quia cum unius rei naturaliter usus essent diversi, eum dumtaxat gentes divisisse inter se videntur, qui sine proprietate commode haberi non potest, contra autem eum recepisse, per quem domini condicio deterior non esset futura.
Omnes igitur vident eum qui alterum navigare prohibeat nullo iure defendi, cum eundem etiam iniuriarum teneri Vlpianus dixerit;[109a] alii autem etiam interdictum utile prohibito competere existimaverint.[110a]
Et sic Batavorum intentio communi iure nititur, cum fateantur omnes, permissum cuilibet in mari navigare etiam a nullo Principe impetrata licentia; quod Legibus Hispanicis diserte expressum est.[111a]
denied. The reason is clear, because, inasmuch as one and the same thing is susceptible by nature to different uses, the nations seem on the one hand to have apportioned among themselves that use which cannot be maintained conveniently apart from private ownership; but on the other hand to have reserved that use through the exercise of which the condition of the owner would not be impaired.
It is clear therefore to every one that he who prevents another from navigating the sea has no support in law. Ulpian has said[109] that he was even bound to pay damages, and other jurists have thought that the injunction utile prohibito could also be brought against him.[110]
Finally, the relief prayed for by the Dutch rests upon a common right, since it is universally admitted that navigation on the sea is open to any one, even if permission is not obtained from any ruler. And this is specifically expressed in the Spanish laws.[111]