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The Arrival of European Christians in India During the 16Th Century
The arrival of European Christians in India during the 16th century Alan Guenther The arrival of European Christians in India in the 16th century was part of the Portuguese political and economic expansion. In competition with the Spanish kingdoms of Castile and Aragón and with the Italian city states such as Genoa and Venice, Portugal sought to establish itself as a maritime power in the latter half of the 15th century. The expansion of the Ottoman Empire into the Balkans and its capture of Constantinople in 1453 had resulted in the Ottoman dominance of trade routes east of the Mediterranean Sea. That expansion, coupled with the continuing monopoly of other trade in the Mediterranean region by the Genoese and the Venetians, prompted Portuguese searches for alternative routes from Europe to Asia. The successful navigation around the Cape of Good Hope and eventual arrival in India by the Portuguese explorer, Vasco da Gama, in 1498 was one such effort. The 16th century ended with a series of Jesuit missions to the court of the Mughal Emperor Jalal al-Din Muhammad Akbar in northern India. The Portuguese explorers who traversed the Indian Ocean in 1498, how- ever, encountered a milieu not yet controlled by the three major Muslim empires of the Mughals, Safavids and Ottomans that rose to dominance in the Muslim regions in south and western Asia. In 1498, Akbar’s grand- father, Zahir al-Din Muhammad Babur, had not yet begun his advance into the Indian subcontinent; his capture of Kabul, from where he launched his military campaigns into the Punjab, did not take place until 1504. -
The “Doctrine of Discovery” and Terra Nullius: a Catholic Response
1 The “Doctrine of Discovery” and Terra Nullius: A Catholic Response The following text considers and repudiates illegitimate concepts and principles used by Europeans to justify the seizure of land previously held by Indigenous Peoples and often identified by the terms Doctrine of Discovery and terra nullius. An appendix provides an historical overview of the development of these concepts vis-a-vis Catholic teaching and of their repudiation. The presuppositions behind these concepts also undergirded the deeply regrettable policy of the removal of Indigenous children from their families and cultures in order to place them in residential schools. The text includes commitments which are recommended as a better way of walking together with Indigenous Peoples. Preamble The Truth and Reconciliation process of recent years has helped us to recognize anew the historical abuses perpetrated against Indigenous peoples in our land. We have also listened to and been humbled by courageous testimonies detailing abuse, inhuman treatment, and cultural denigration committed through the residential school system. In this brief note, which is an expression of our determination to collaborate with First Nations, Inuit and Métis in moving forward, and also in part a response to the Calls to Action of the Truth and Reconciliation Commission, we would like to reflect in particular on how land was often seized from its Indigenous inhabitants without their consent or any legal justification. The Canadian Conference of Catholic Bishops (CCCB), the Canadian Catholic Aboriginal Council and other Catholic organizations have been reflecting on the concepts of the Doctrine of Discovery and terra nullius for some time (a more detailed historical analysis is included in the attached Appendix). -
From Papal Bull to Racial Rule: Indians of the Americas, Race, and the Foundations of International Law
Vera: From Papal Bull to Racial Rule: Indians of the Americas, Race, an FROM PAPAL BULL TO RACIAL RULE: INDIANS OF THE AMERICAS, RACE, AND THE FOUNDATIONS OF INTERNATIONAL LAW KIM BENITA VERA* The "discovery" and conquest of the "New World" marked the inauguration of international law,' and constituted a watershed moment in the emergence of race in European thought.2 What might the coterminous rise of formative. moments in race thinking and international law suggest? In my provisional reflections on this question that follow, I trace juridical and religio-racial conceptions of indigenous peoples of the Americas as a central thread in the evolution of international law. I will begin with a discussion of the fifteenth-century papal bulls issued in regard to the Portugal-Spain disputes over lands in Africa and the Americas. I will then proceed to follow some strands of racial and juridical thought in the accounts of Francisco de Vitoria and Hugo Grotius, two founding figures in international law. I suggest that Vitoria's treatise, On the Indians Lately Discovered,3 evinces the beginnings of the shift Carl Schmitt identifies from the papal authority of the respublica Christiana to modern international law.4 Vitoria's account, moreover, is both proto-secular and proto-racial. * Assistant Professor, Legal Studies Department, University of Illinois at Springfield, J.D./Ph.D., Arizona State University, 2006. 1. See, e.g., CARL ScHMrT, THE NOMOS OF THE EARTH IN THE INTERNATIONAL LAW OF THE Jus PUBLICUM EUROPAEUM 49 (G. L. Ulmen trans., 2003). 2. DAVID THEO GOLDBERG, RACIST CULTURE: PHILOSOPHY AND THE POLITICS OF MEANING 62 (1993). -
Doctrine of Discovery: Questions and Answers
Doctrine of Discovery: Questions and Answers Q. What is the Doctrine of Discovery? The Doctrine of Discovery is a principle of international law dating from the late 15th century. It has its roots in a papal decree issued by Pope Nicholas V in 1452 that specifically sanctioned and promoted the conquest, colonization, and exploitation of non-Christian territories and peoples. Hundreds of years of decisions and laws continuing right up to our own time can ultimately be traced back to the Doctrine of Discovery—laws that invalidate or ignore the rights, sovereignty, and humanity of indigenous peoples in the United States and around the world. Q. Why does the Doctrine of Discovery still matter when it is over 500 years old? It is still in effect and is written into settled US law since 1823 about a land dispute between two individuals (Under Chief Justice John Marshall). It forms the basis for “Manifest Destiny,” the expansion into Indian lands. It is used to justify legal and forcible takeover of indigenous lands, without just compensation. The Discovery Doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. McIntosh in 1823. In this Supreme Court case, Chief Justice John Marshall's opinion in the unanimous decision held "that the principle of discovery gave European nations an absolute right to New World lands." In essence, American Indians had only a right of occupancy, which could be abolished.” (Source: www.redlakenationnews.com/story/2017/06/15/news/doctrine- of-discovery-repudiated/61672.html) It is used to interpret Indian Treaties in a way that has undermined treaty rights. -
The Catholic Church Regarding African Slavery in Brazil During the Emancipation Period from 1850 to 1888
Bondage and Freedom The role of the Catholic Church regarding African slavery in Brazil during the emancipation period from 1850 to 1888 Matheus Elias da Silva Supervisor Associate Professor Roar G. Fotland This Master's Thesis is carried out as a part of the education at MF Norwegian School of Theology and is therefore approved as a part of this education. MF Norwegian School of Theology, [2014, Spring] AVH5010: Master's Thesis [60 ECTS] Master in Theology [34.658 words] 1 Table of Contents Chapter I – Introduction ..................................................................................................................5 1.1 - Personal Concern ....................................................................................................................5 1.2 - Background..............................................................................................................................5 1.3 - The Research........................................................................................................................... 5 1.4 - Methodology............................................................................................................................6 1.5 - Sources.................................................................................................................................... 9 1.6 - Research History .................................................................................................................... 9 1.7 - Terminology...........................................................................................................................10 -
Unsettling Truths: the Ongoing, Dehumanizing Legacy of The
ivpress.com Taken from Unsettling Truths by Mark Charles and Soong-Chan Rah. Copyright © 2019 by Mark Charles and Soong-Chan Rah. Published by InterVarsity Press, Downers Grove, IL. www.ivpress.com CHAPTER ONE The Doctrine of Discovery and Why It Matters “You cannot discover lands already inhabited.” I (Mark) said this almost under my breath, as I walked past a line of men dressed as Spanish sailors from the 1490s. I was in front of Union Station in Washington, DC, near the massive statue of Christopher Columbus overlooking the United States Capitol. Every Columbus Day, there is an official ceremony in this plaza hon- oring Columbus as the discoverer of America. I had stumbled upon this ceremony by accident the year prior. There were a few non- natives holding signs and protesting the ceremony but nothing very dis- ruptive. I came back the following year primarily out of curiosity. I was not intending to protest, nor did I want to make a scene. As I walked up behind the statue and approached the group of men dressed as Spanish sailors, the words just came out of my mouth: “You cannot discover lands already inhabited.” As I walked farther down the line, I said it again, this time a little louder. “You cannot discover lands already inhabited.” As I continued walking, I came to the front 326441SVP_UNSETTLING_CS6_PC.indd 13 10/08/2019 11:09:22 14 Unsettling Truths of the line, where a group of men dressed in suits were standing. I repeated myself, making sure they could hear me. -
Doctrine of Discovery: Verbatim
Doctrine of Discovery: Verbatim The term “Doctrine of Discovery” refers to the legal and religious justifications used to seize Native lands. It first appears in 15th Century Papal Bulls (edicts) that gave early explorer the right to claim “discovered” lands and enslave and/ or convert the pagan inhabitants. Papal Bulls typically cited as part of the Doctrine of Discovery include Romanus Pontifex and Inter Caetera. The Church of England had its own version, the Royal Charter of 1496. Below are excerpts from English translations. Romanus Pontifex (1454) Pope Nicholas V to the King of Portugali Nicholas, bishop, servant of the servants of God. for a perpetual remembrance…. … [W]e bestow suitable favors and special graces on those Catholic kings and princes, who, like athletes and intrepid champions of the Christian faith … not only restrain the savage excesses of the Saracens and of other infidels, enemies of the Christian name, but also for the defense and increase of the faith vanquish them and their kingdoms and habitations, though situated in the remotest parts unknown to us … [We grant to King Alfonso the right] to invade, search out, capture, vanquish, and subdue all Saracens and pagans whatsoever, and other enemies of Christ wheresoever placed … and to reduce their persons to perpetual slavery, and to apply and appropriate to himself and his successors [their] kingdoms, dukedoms, counties, principalities, dominions, possessions, and goods, and to convert them to his and their use and profit … [W]e do by these [documents] forever give, grant, and appropriate to the aforesaid King Alfonso and his successors … the provinces, islands, harbors, places, and seas whatsoever, how many soever, and of what sort soever they shall be … Inter Caetera (1493): Pope Alexander VIii Portugal and Castile (Spain) had been vying for African colonies for a century prior to Columbus' voyage. -
Doctrine of Discovery
United Nations E/C.19/2010/13 Economic and Social Council Distr.: General 4 February 2010 Original: English Permanent Forum on Indigenous Issues Ninth session New York, 19-30 April 2010 Items 4 and 7 of the provisional agenda* Human rights Future work of the Permanent Forum, including issues of the Economic and Social Council and emerging issues Preliminary study of the impact on indigenous peoples of the international legal construct known as the Doctrine of Discovery Submitted by the Special Rapporteur Summary At its eighth session in May 2009, the Permanent Forum on Indigenous Issues decided to appoint as Special Rapporteur Tonya Gonnella Frichner, a member of the Permanent Forum, to conduct a preliminary study of the impact on indigenous peoples of the international legal construct known as the Doctrine of Discovery, which has served as the foundation of the violation of their human rights, and to report thereon to the Forum at its ninth session. This preliminary study establishes that the Doctrine of Discovery has been institutionalized in law and policy, on national and international levels, and lies at the root of the violations of indigenous peoples’ human rights, both individual and collective. This has resulted in State claims to and the mass appropriation of the lands, territories and resources of indigenous peoples. Both the Doctrine of Discovery and a holistic structure that we term the Framework of Dominance have resulted in centuries of virtually unlimited resource extraction from the traditional territories of indigenous peoples. This, in turn, has resulted in the dispossession and impoverishment of indigenous peoples, and the host of problems that they face today on a daily basis. -
The Man Who Sold the World: the Long Con of Discovery
American Indian Law Journal Volume 3 Issue 2 Article 1 5-15-2015 The Man Who Sold the World: The Long Con of Discovery Jessica Buckelew Seattle University School of Law Follow this and additional works at: https://digitalcommons.law.seattleu.edu/ailj Part of the Indian and Aboriginal Law Commons Recommended Citation Buckelew, Jessica (2015) "The Man Who Sold the World: The Long Con of Discovery," American Indian Law Journal: Vol. 3 : Iss. 2 , Article 1. Available at: https://digitalcommons.law.seattleu.edu/ailj/vol3/iss2/1 This Article is brought to you for free and open access by the Student Publications and Programs at Seattle University School of Law Digital Commons. It has been accepted for inclusion in American Indian Law Journal by an authorized editor of Seattle University School of Law Digital Commons. For more information, please contact [email protected]. The Man Who Sold the World: The Long Con of Discovery Cover Page Footnote Jessica Buckelew is a graduating third-year law student at Seattle University School of Law and an Articles’ Editor for Seattle University’s American Indian Law Journal. I want to thank all of the dedicated staffers of AILJ who helped get this article to its present state. Special thanks to Jessica Barry and Hannah Nicholson for their editing prowess and careful attention to detail, Professor Eric Eberhard for his guidance and constructive criticism, and to Nancy Mendez and Jocelyn McCurtain for whipping our journal into shape, sometimes literally. This article is available in American Indian Law Journal: https://digitalcommons.law.seattleu.edu/ailj/vol3/iss2/1 AMERICAN INDIAN LAW JOURNAL Volume III, Issue II - Spring 2015 THE MAN WHO SOLD THE WORLD: THE LONG CON OF DISCOVERY Jessica Buckelew* Con: (from: confidence trick) Noun 1. -
Papal Bulls Set the Stage for Domination and Slavery a Papal Bull Is a Type of Public Decree, Letters Patent, Or Charter Issued by a Pope of the Catholic Church
SANCTIONS AGAINST ETHNIC POPULATIONS Papal Bulls set the stage for Domination and Slavery A papal bull is a type of public decree, letters patent, or charter issued by a pope of the Catholic Church. Bull from Bulla / Seal Sanctioned by the Pope(s) who wrote one - Papal Bull (Decree) - after another that gave instruction and latitude to ferret out heresy. Local and regional church officials were empowered to question, punish, imprison, convert, enslave, torture and kill in the name of the Catholic Church giving rise to ‘sanctioned violence against ‘the other’ 1184 - November 4 - Pope Lucius III Ad Abolendam - Established the Inquisition To abolish the malignity of diverse heresies,…. it is but fitting that the power committed to the Church should be awakened, …. of the imperial strength, 13 C Bulla seal that by the concurring assistance ……both the insolence and impertinence of the heretics, in their false designs, may be crushed,…. 1452 June 18- Pope Nicholas V Dum Diversas It authorized Alfonso V of Portugal to reduce any “Saracens (Muslims) and pagans and any other unbelievers” to perpetual slavery. This facilitated the Portuguese slave trade from West Africa. 1455 - January 5 - Pope Nicholas V Romanus Pontifex Extended to The Kingdom of Portugal, Alfonso V and his son, the Catholic nations of Europe dominion over discovered lands during the Age of Discovery. Along with sanctifying the seizure of non-Christian lands, it allowed for the enslavement of native, non-Christian peoples in Africa and the New World. 1478- November 1 -Pope Sixtus IV. Exigit Sincerae Devotionis Affectus Authorized King Ferdinand V of Aragon and Queen Isabella I of Castile to establish their own Inquisition as well as appoint inquisitors without interference from the Church. -
The Papal Bulls #11 2:30 P.M
The Papal Bulls #11 2:30 p.m. (Information taken from www.doctrineofdiscovery.org ) Papal Bull Dum Diverersas - 18 June 1452 Pope Nicholas V issued the papal bull Dum Diversas on 18 June, 1452. It authorised Alfonso V of Portugal to reduce any “Saracens (Muslims) and pagans and any other unbelievers” to perpetual slavery. This facilitated the Portuguese slave trade from West Africa. The Bull Romanus Pontiflex (Nicholas V) - 8 January 1454 The same pope wrote the bull Romanus Pontifex on January 5, 1455 to the same Alfonso. As a follow-up to the Dum diversas, it extended to the Catholic nations of Europe dominion over discovered lands during the Age of Discovery. The Bull Inter Caetera (Alexander VI) - 4 May 1493 In 1493 Alexander VI issued the bull Inter Caetera stating one Christian nation did not have the right to establish dominion over lands previously dominated by another Christian nation, thus establishing the Law of Nations. Together, the Dum Diversas, the Romanus Pontifex and the Inter Caetera came to serve as the basis and justification for the Doctrine of Discovery, the global slave- trade of the 15th and 16th centuries, and the Age of Imperialism. Expansion of Papal Bulls Treaty of Tordesillas - 7 June 1494 The Treaty of Tordesillas was concluded on June 7 1494 to settle the contentious matter of the possession of the newly discovered lands of the non Christian world between Portugal and Spain. Patent Granted by King Henry VII to John Cabot and his sons - 5 March 1496 By this public document, Henry VII indicated his official, royal support for Cabot's enterprise. -
THE Historical Context for the Augustinian Mission to Safavid Persia the Portuguese Padroado the Augustinian Mission to India An
CHAPTER TWO THE HISTORICAL CONTEXT FOR THE AUGUSTINIAN MISSION TO SAFAVID PERSIA The Portuguese Padroado The Augustinian mission to India and, certainly from a Portuguese per- spective, its extensions to Persia, Basra and Georgia, operated within the structure of Portuguese royal patronage, the Padroado Real.1 The ‘right of patronage’ had its origins in the Church’s recognition of those who pro- vided financial assistance through the building of churches or pious foun- dations. Silva Rego suggests that the juridical base for patronage dates to the pontificate of Nicholas II (1058–1061).2 Historical circumstances would result in a unique concentration of ecclesiastical patronage in the hands of the Portuguese monarchs, based on privileges accorded them by the papacy. This ‘Padroado’ would survive the monarchy itself, finally becom- ing extinct only in the last year of the twentieth century with the rever- sion of the Portuguese colony of Macau to Chinese rule. Its roots can be found in Portuguese overseas expansion, beginning when Pope Martin V (1417–1431) granted special faculties to the priests sailing 1 On the Padroado, see the work by an erstwhile missionary of the Padroado in Macau and scholar of note: António da Silva Rego, O Padroado Português no Oriente: esboço histórico (Lisbon, 1940), French translation as Jean Haupt (tr.), Le patronage portugais de l’orient: aperçu historique (Lisbon, 1957); Les Missions Portugaises (aperçu général) (Lisbon, 1958); Roland Jacques, De Castro Marim à Faifo: Naissance et développement du Padroado portu- gais d’Orient des origines à 1659 (Lisbon, 1999); António Leite SJ, ‘Teriam os Reis de Portugal verdadeira jurisdição ecclesiástica?’, Didaskalia 15/2 (1985), 357–367; ‘Enquadramento legal da actividade missionária portuguesa’, Brotéria 133/1 (1991), 36–52.