CHAPTER III
THE RACE FOR EMPIRE
During the period upon which our story now enters, all of North America was claimed by the three contestants for empire — Spain, England, and France. The claims of the first covered the entire western world beyond the line established by the treaty of Tordesillas; while those of he other two are indicated, at least as to their minimum extent, by the patents granted. Adrian Gilbert, in his application to Queen Elizabeth, had asked leave to "inhabit and enjoy" all places discovered between the equator and the North Pole;[1] and although these limits are nowhere given in any single charter, those granted to various companies show English claims extending from at least 10° to 52° North Latitude, or from Panama to Labrador.[2] Following the difficulties of colonizing in Maine and Nova Scotia, mentioned in the last chapter, the French King granted to Madame de Guercheville all of the continent from Florida to the St. Lawrence, thus overlapping the Spanish and English claims.[3]
The title to newly acquired lands, originally deriving validity from Papal sanction, even in the eyes of Englishmen, had gradually come to rest upon the right of discovery.[4] This theory was based upon the principle of Roman Law that the finder could appropriate what belonged to no one. A heathen was considered as nu//us, hence his property had no owner, and
- ↑ W. R. Scott, Constitutions and Finance of English and Irish Joint-Stock Companies to 1720 (Cambridge, 1910), vol. 11, p. 244.
- ↑ The southern limit was that of the Providence Company (Scott, 'Joint-Stock Companies, vol. 11, p. 327); and the northern that of the Newfoundland Company, (D. W. Prowse, History of Newfoundland (London, 1895], pp. 122-25).
- ↑ F. Parkman, Pioneers of France in the New World (Boston, 1909), p. 303.
- ↑ Henry II asked and obtained the Pope's consent to conquer Ireland. W. B. Scaife, "The Development of International Law as to newly discovered Territory," in American Historical Association Papers, vol. iv, p. 269.
