24 Transactions. — Miscellaneous. 



and that care shall be taken to protect the widow and orphans 

 against those who would remove the landmarks. 



I notice that the distribution by the King of Phaeakia of 

 common land (cf. Od. vi. 9, 10), as well as the mode of distri- 

 bution by lots {KXrjpoi), comes within the scope of the system 

 prevalent in Italy within historical times. 



Puhlicus ager is common land, formally surrendered by a 

 foe after warfare (Liv. i. 38, 2). 



"Publicatur is ager qui ex hostibus captus sit," is the defi- 

 nition of the jurist. Land thus brought in p^ihlicum was 

 devoted to meeting State expenses. In tliis way the Eoman 

 Government was the ground-landlord of whole cities and 

 countries. 



A State cannot farm the acres of a continent : hence the 

 puhlicus ager was assigned, subject to resumption at will, on 

 easy terms, usually at 10 per cent, of the gross value of the 

 annual produce. This tithe was recoverable immediately by 

 State officials. The occupation of puhlicus ager is called pos- 

 sessio ; hence possessor is a tenant-at-will, one who does not 

 hold permanent interest in any property. 



So Livy, passim, ii. 42, 2 : "Id multos quidem patrum, 

 ipsos possessores, periculo rerum suarum terrebat." Cf. also 

 ii. 61, 2 ; iv. 36, 2 ; vi. 5, 4 ; vi. 35, 5. 



The last place cited quotes part of the Licinian Land Bills 

 of 377 seqq. b.c. : " Ne quis plus quingenta jugera agri possi- 

 deret." 



Possessio, although of the nature of tenancy at will, was 

 alienable and transmissible as leasehold property. Puhlicus 

 ager was sold, as by Appius Csecus to defray the expenses of 

 his engineering works and improvements, but never seems to 

 have been given away in absolute gift ; at any rate not in the 

 earlier Eoman days : nor does it appear that gentlemen in 

 Eome were at liberty to settle on large tracts of public land 

 according to their willingness to bear the tithe-charge. The 

 area of the tenement was limited by many laws, while about 

 312 acres seems to have been the legal maximum of holding. 



This distinctive meaning of possessio holds good throughout 

 the Latin period. 



" Possessio est usus agri aut aedificii, non ipse fundus aut 

 ager." — Paul. Diac. on Festus, p. 232. 



" Possessiones appellantur agri late patentes publici priva- 

 tique, qui non mancipatione sed usu tenebantur, et ut quisque 

 occupaverat, possidebat." 



It seems from the above that yossessio is akin to the 

 Homeric KXrjpoi (loc. cit.) — that is, the right of use, but not 

 land or domain in freehold. 



Severalty in land-tenure with right of testament in land 

 indicates severalty of homestead and residence. The farmer's 



