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 Phæakia of common land (cf. Od. vi. 9, 10), as well as the mode of distribution by lots (κλη̑ροι), comes within the scope of the system prevalent in Italy within historical times. Publicus 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 definition of the jurist. Land thus brought in publicum was devoted to meeting State expenses. In this way the Roman Government was the ground-landlord of whole cities and countries. A State cannot farm the acres of a continent: hence the publicus 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 publicus ager is called possessio; 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 possideret.” Possessio, although of the nature of tenancy at will, was alienable and transmissible as leasehold property. Publicus ager was sold, as by Appius Cæcus 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 Roman days: nor does it appear that gentlemen in Rome 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 privatique, qui non mancipatione sed usu tenebantur, et ut quisque occupaverat, possidebat.” It seems from the above that possessio is akin to the Homeric κλη̑ροç (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