The southern limit was that of the Providence Company (Scott, _Joint-Stock Companies_, vol. II, p. 327); and the northern that of the Newfoundland Company, (D. W. Prowse, _History of Newfoundland_ [London, 1895], pp. 122-25). Footnote 80: F. Parkman, _Pioneers of France in the New World_ (Boston, 1909), p. 303. 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.[81] 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 _nullus_, hence his property had no owner, and American soil could be appropriated by whoever first found it. Although it was agreed by all that discovery must be consummated by possession and use, there were two very difficult questions, as to which the law was silent, in connection with the new situations now arising. One of these was the length of time which might elapse between discovery and taking possession, before the claim should become invalid through failure to consummate the discovery; while the other was that of the extent of territory involved by the above acts.[82] The claims of the three contestants were preposterous, though no one more so than another, perhaps; and, in the absence of any superior authority, it is difficult to see how the matter could have been settled otherwise than by power of the sword, which thus replaced the Pope as arbiter. At the time we are now considering, it would seem as if, theoretically, England's claim to any part of the New World were the least valid of the three. Although it was necessarily based solely on the voyage of Cabot, she had made no effort to colonize for nearly ninety years, and as yet had failed to do so successfully. To the south, Spanish titles were, in part, unassailable;[83] while in the north, French claims were being made good by the struggling colony at Port Royal, and by scattered traders in furs. Footnote 81: 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. Footnote 82: _Cf._ B. A. Hinsdale, “The Right of Discovery,” in _Ohio Archeological and Historical Quarterly_, vol. II, pp. 351-78; and Scaife, “International Law,” pp. 269-93. Footnote 83: The number of colonists living in Spanish possessions varies greatly in estimates. DeLannoy thinks that it may have been 152,000 by 1574 (DeLannoy and Van der Linden, _Histoire de l'Expansion Coloniale des Peuples Européens_ [Paris, 1907], vol. I, p. 414); while Leroy-Beaulieu puts it as low as 15,000 in 1550. _De la Colonisation chez les peuples modernes_ (Paris, 1898), vol. I, p. 5.