Mare Tutum: Thucydides, King Minos, and the Concept of the ‘Secure Sea’ in Seventeenth-Century Maritime Law

Abstract

This article examines a crucial argument in seventeenth-century maritime law: the concept of mare tutum, or ‘the secure sea’. According to this idea, the sea was characterized by chaotic piracy and required a strong central governing authority to impose order. Once the sea was secure, the ruler would reap the rewards of commerce and tariff revenues. Mare tutum espoused the idea of sea sovereignty for the goal of economic growth. Crucial to this idea was Thucydides’ account of the Cretan King Minos. The jurists Nicolaes Bonaert, Pietro Battista Borghi, and Giovanni Palazzi used the model of Minos’ Aegean thalassocracy to argue for Portuguese, Genoese, and Venetian control of the seas. The article illuminates the hitherto unknown importance of Thucydides in maritime law. It also complicates the traditional mare liberum/mare clausum framework by positing a third option which focused on control of the seas as a means to fostering trade and economic growth.