Note (return) — Chapter I

Ferdinand and Isabella in 1493 had consulted with several persons of eminent learning to find out whether it was necessary to obtain the investiture of the Pope for their newly-discovered possessions, and all were of opinion that this formality was unnecessary.1 Nevertheless, on 3rd May 1493, a bull was granted by Pope Alexander VI., which divided the sovereignty of those parts of the world not possessed by any Christian prince between Spain and Portugal by a meridian line 100 leagues west of the Azores or of Cape Verde. Later Spanish writers made much of this papal gift; yet, as Georges Scelle points out,2 it is possible that this bull was not so much a deed of conveyance, investing the Spaniards with the proprietorship of America, as it was an act of ecclesiastical jurisdiction according them, on the strength of their acquired right and proven Catholicism, a monopoly as it were in the propagation of the faith. At that time, even Catholic princes were no longer accustomed to seek the Pope's sanction when making a new conquest, and certainly in the domain of public law the Pope was not considered to have temporal jurisdiction over the entire world. He did, however, intervene in temporal matters when they directly influenced spiritual affairs, and of this the propagation of the faith was an instance. As the compromise between Spain and Portugal was very indecisive, owing to the difference in longitude of the Azores and Cape Verde, a second Act was signed on 7th June 1494, which placed the line of demarcation 270 leagues farther to the west.