ostros is dicibatur, quem nunc peregrinum dicimus."]

[Footnote 3: Cic., _loc. cit._; Gaius, Frag., 234.]

[Footnote 4: Forcellini, _Lexic._; Harper's _Latin Lex_.]

[Footnote 5: _i.e._ The descendents of a person escheated could bring no
action for the recovery of the property.]

[Footnote 6: Giraud, _Recherches sur le Droit de Propriete_, p. 210.]

[Footnote 7: Gaius, Bk. II, 40.]

[Footnote 8: Ulpian, Frag., Title XIX, 4; Giraud, 216.]

SEC. 3.--AGER PUBLICUS.

In her early history Rome was continually making fresh conquests, and in
this way adding to her territory.[1] She steadfastly pursued a course of
destruction to her neighbors in order that she might thereby grow rich and
powerful. In this way large tracts of territory became Roman land, the
property of the state or _Ager Publicus._[2]

This public land extended in proportion to the success of the Roman arms,
since the confiscation of the territory of the vanquished was, in the
absence of more favorable terms, a part of the law of war. All conquered
lands before being granted or sold to private individuals were _Ager
Publicus_[3] a term which with few exceptions came to embrace the whole
Roman world.

This _Ager Publieus_ was farther increased by towns[4] voluntarily
surrendering themselves to Rome without awaiting the iron hand of war.
These were commonly mulcted of one-third of their land.[5] "The soil of
the country is not the product of labor any more than is water or air.
Individual citizens cannot therefore lay any claim to lawful property in
land as to anything[6] produced by their own hands." The state in this
case, as the representative of the rights and interests of society, decides
how the land shall be divided among the members of the community, and the
rules laid down by the state to regulate this matter are of the first and
highest importance in determining the civil condition of the country and
the prosperity of the people. Whenever but one class among the people
is privileged to have property in land a most exclusive oligarchy is
formed.[7] When the land is held in small portions by a great number and
nobody is legally or practically excluded from acquiring land, there we
find provided the elements of democracy.

According to the strictest right of conquest in antiquity the defeated lost
not only their personal freedom, their moveable and landed[8] property, but
even life itself. All was at the mercy of the conquerors. In prac