The Birth of the English Land System. 1 1 



sliall therefore endeavour to summarise as briefly as possible 

 those features of Roman land management which will enable 

 us when we have proceeded further in our subject to point out 

 as they occur parallels in the systems of other nations. 



It is immaterial whether the evidence leading us to derive 

 the Italian from a portion ^ of that Indo-Germanic horde Avhich 

 came into Europe somewhere out of the western centre of 

 Asia is or is not conclusive. It is more to the point that the 

 Imperial Roman of the British era was accustomed to trace a 

 descent back to tribal existence. No student of classical history 

 needs reminding of the Gens, or is ignorant of the patria potes- 

 tas which armed the father of a family with absolute j)owers, 

 and left his wife equall}^ destitute of rights with his slave or 

 0X.2 The Gens was the unit of the community, and the 

 original Roman territory'- comprehended the united lands of 

 the Gentes. The accretions of territory derived from conquered 

 enemies, on the other hand, were divided into equal lots of two 

 jugera each, and apportioned among the citizens. 



The Avhole district was not thus assigned, but portions were 

 reserved for the service of the gods, the royal domains, and 

 the pasturage of the people's cattle. Each Roman burgess had 

 thus about one acre and a half of hereditary arable land, and 

 the common pasturage afforded him facilities for keeping his 

 live-stock. The pasture-ground in pre-historic times was the 

 unfilled waste of the community. It was in many respects on 

 all fours with the Folcland of the Anglo-Saxon period ; and, as 

 we have already said, the most natural conclusion would be 

 that the latter system was the direct continuation of the former. 

 Both wastes were used for the same purposes by the two 

 peoples. Both were equally liable to appropriation by the over- 

 lord, though the Ager Publicus of the Roman was carefully 

 protected by a code of agrarian legislation, for want of which 

 the Folcland of the Anglo-Saxon was left at the mercy of the 

 allodialist. 



When we come to examine the origin of our English Com- 

 mons, we shall endeavour to prove that the same influences 



^ Mommsen, Hist, of Rome, vol. i. cli. 1. 

 - Id. Ibid., pp. 72, 73. 



