Two Books of the Elements of Universal Jurisprudence. Samuel Pufendorf

Two Books of the Elements of Universal Jurisprudence - Samuel Pufendorf


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particular. And these are otherwise listed under the head of public property, to the use of which, if, indeed, there are not enough portions of them to go around, his claim is the best who was the first to put them into actual use. Thus, for example, the seat which any one has occupied in a theatre he retains by right against the late comer, unless it so happens that some particular disposition has been made about such matters. In this class are public buildings, public places, markets, theatres, streets, &c.; likewise seas, rivers, and public pools, the use of which is granted to any citizen whatsoever. Here also belongs sacred property, like temples, sacred utensils, ornaments and revenues of churches, and the like. For they are not the property of no man, but in fact belong to the state, nor are they entirely removed from human authority or uses. But they are called sacred from the end to which they are destined by the state, which is that they may especially serve the exercise of divine worship until some different disposal be made of them. Thence it comes about that, when necessity presses upon the state, if other means are unavailable, a state may, for example, melt down chalices and other utensils or sacred ornaments, sell the bells, use the revenues of churches, &c., without the obligation of restoring the like thereafter; and this the state can do by the same right by which it can lay hands upon money in a treasury whose funds are reserved for a very pressing emergency, or can sell public lands to private citizens. All this, <25> however, rests on the proviso that this right is to be utilized only under the pressure of extreme necessity, so that no suspicion of irreverence towards the Deity be incurred in the minds of the common people.

      What has hitherto been said about the goods of the state can be applied by analogy also to the goods of other societies which do not constitute states.

      Hence it is sufficient for the sea or any part of it to be called some one’s possession, if he has the right of so completely appropriating to himself the uses of it that, unless others are willing to recognize those same uses in the way of a benefaction of his own, he may be able with justice to keep them out; and this obtains even though the extent of the sea makes guarding and, as it were, exclusive possession of it difficult, and especially its superlative capacity for utilization makes such guarding and possession almost superfluous.