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and on, the island of Tenos he was worshipped as the physician,
probably in reference to the health-giving properties of the sea
air. By far the most famous of his festivals was that celebrated
every alternate year on the isthmus of Corinth, at which the
"Isthmian
"1
games were held. Here a colossal statue of him
was set up in bronze by the Greeks after their victory over the
Persians. The horse, the dolphin (the symbol of the calm sea)
and the pine-tree, with wreaths of which the Isthmian victors
were crowned, were sacred to him. Horses and black bulls,
boars and rams were offered to him, sometimes human beings.
His attributes are the trident and the dolphin (sometimes the
tunny fish.)

As represented in art Poseidon resembles Zeus, but possesses less of his majestic calm, his muscles are more emphasized, and his hair is thicker and somewhat dishevelled. He is generally naked; his in his hand, and is gazing in front of him, apparently out to sea; right leg rests on a rock or the prow of a ship; he carries a trident sometimes he is standing on the water, swinging his trident, or riding in his chariot over the waves, accompanied by his wife Amphitrite, the Nereids and other inhabitants of the sea. It is in keeping with his restless character that he is rarely found sitting. He sometimes wears a long robe, sometimes a light scarf. Scopas, in a famous ing Achilles to the islands of the blest. In modern Greece St Nicholas has taken the place of Poseidon as patron of sailors. But the Zacynthians have a special seagod, half man, half fish, who dwells under the sea, rides on dolphins or in a car drawn by dolphins, and wields a trident. By the Romans Poseidon was identified with Neptune (q.v.).

(1851), with references to authorities in conveniently arranged See E. Gerhard, Über Ursprung, Wesen und Geltung des Poseidon notes; Preller-Robert, Griechische Mythologie (1894); O. Gruppe, Griechische Mythologie (1906), vol. ii.; and especially L. R. Farnell, Cults of the Greek States (1907), vol. iv., where special attention is drawn to the ethnological aspect of the cult of Poseidon.

fountains to spring from them. But, while he caused storms and shipwrecks, he could also send favouring winds; hence he was known as Soler, "the preserver." Another of his titles was Gaecochos, "the supporter of earth," the sea being supposed to support the earth and keep it firmly in its place. He was the god of navigation and his temples stood especially on headlands and isthmuses. Every occupation connected with the sea was under his protection, and seafaring people, especially the Ionians, regarded themselves as his descendants. As god of the sea he disputed with other deities for the possession of the land. Earthquakes were thought to be produced by Poseidon shaking the earth-hence his epithet of Enosichthon, “Earth-shaker "and hence he was worshipped even in inland places which had suffered from earthquakes. The seismic wave was also his work; the destruction of Helice in Achaea by such a wave (373 B.C.) was attributed to his wrath (Strabo viii. 384). The island of Delos was thought to have been raised by him, and about 198, when a new island appeared between Thera and Therasia, the Rhodians founded a temple of Poseidon on it (Strabo i. 57). Thessaly was said to have been a lake until he opened a way for the waters through the Vale of Tempe (Hero-group, represented him surrounded by the denizens of the sea, escortdotus vii. 129). Poseidon was also the god of springs, which he produced by striking the rock with his trident, as he did on the acropolis of Athens when disputing with Athena for the sovereignty of Athens (Herodotus viii. 55; Apollodorus iii. 14). As such he was called Nymphagetes, the leader of the nymphs of springs and fountains, a god of fresh water, probably his original character, and in this connexion was puráλmos (phytalmius), a god of vegetation, frequently associated with Demeter. In regard to the contest with Athena, it is probable that Poseidon is really Erechtheus, a local deity ousted by Athena and transformed into an agricultural hero. Dr Farnell, however, holds that Erechtheus and Poseidon were originally independent figures, and that both Erechtheus and Athena were prior to Poseidon, As he gave, so he could withhold, springs of water; thus the waterless neighbourhood of Argos was supposed to be the result of his anger. Black bulls, symbolical of the stormy sea, were sacrificed to him, and often thrown alive into rivers; in Ionia and Thessaly bull-fights took place in his honour; at a festival of his at Ephesus the cupbearers were called "bulls," and the god himself was surnamed "Bull Poseidon." The horse was especially associated with his worship; he was said to have produced the first horse by striking the ground in Thessaly with his trident (Virgil, Georgics, i. 12). At the fountain of Dine in Argolis horses bitted and bridled were sacrificed to him by being drowned (Pausanias viii. 7, 2), and similarly Sextus Pompeius sought to propitiate him by throwing horses into the sea (Dio Cassius xlviii. 48). He bore the surname of "Horse Neptune" (Ioσeidâ ñños), and was regarded as the tamer as well as the creator of the steed. In the deme of Colonus he was worshipped with Athena, the reputed inventor of the bridle. Various explanations of the title nos have been given: (1) that the horse represented the corn-spirit; (2) the resemblance of the crested waves to horses; (3) the impression of horses' hoofs near the god's sacred springs, and the shaking of the earth by them when galloping (see Farnell, Cults of the Greek States, iv. 20). Poseidon plays a considerable part in Greek legend. In the Trojan War he takes the side of the Greeks, because he had been cheated of his reward by Laomedon, king of Troy, for whom he had built the walls of the city. The binding of his son Polyphemus by Odysseus brings upon the hero the wrath of Poseidon, from which he is only protected by the united influence of the rest of the gods. He is famous for his numerous amours, especially with the nymphs of springs and fountains; his offspring were mostly wild and cruel, like the sea-the Laestrygones, Polyphemus, Antaeus, Procrustes and the like. He was worshipped as a national god by the Ionians, who took his worship over with them from Peloponnesus to Asia Minor. His chief sanctuary was at Mycale, where the Panionia, the national festival of the Ionians, was held. Other seats of his worship were in Thessaly, Boeotia and Peloponnesus. At Taenarum in Laconia he had a famous cave-like temple, with an asylum,

POSEN, an eastern province of the kingdom of Prussia, in the German Empire, bounded N. by the Prussian province of West Prussia, E. by Russian Poland and S. and W. respectively by the Prussian provinces of Silesia and Brandenburg. Its area is 11,186 sq. m. and the population shows a density of 177.5 inhabitants to the square mile. Posen belongs to the north German plain, and consists of a low plateau intersected by the beds of the Netze, the Warthe and the Obra. These three rivers drain into the Oder, but part of the province falls within the basin of the Vistula, which forms the frontier for a short distance on the north-east. By means of the Bromberger canal the Netze is joined with the Brake and then through this river with the Vistula. The surface is dotted with small lakes and ponds, and there are many broad fens and marshes. The soil is light and sandy, but much of the land reclaimed in the boggy districts is very fertile. Upwards of 61% of the area is under tillage, 13% is occupied by pasture and meadows and 20% by forests, mostly fir. The principal crops are rye, the chief cereal grown, wheat, oats, barley, potatoes, beets and hops. The vine is cultivated to some extent in the south-west corner, and tobacco is also grown. The marshy tracts often afford excellent pasture and support large numbers of cattle, sheep and goats. The mineral resources of the province are practically restricted to lignite and salt. Besides brewing and distilling, the chief products are machinery, sugar, cloth, tobacco and bricks. Trade in timber and agricultural produce is facilitated by the network of railways, navigable rivers and canals, but both industry and trade are somewhat cramped by the duties imposed at the Russian frontier. The population of the province in 1905 was 1,986,637, including 1,347,958 Roman Catholics, 605,312 Protestants and 30,433 Jews. The Roman Catholics are mainly Poles, of whom there are upwards of 1,000,000 in Posen, while the great bulk of the 900,000 Germans are Protestants. About 57% of the population was returned in 1905 as "rural," in spite of the large number of so-called " towns," only five of which, however, have more than 20,000 inhabitants-Posen, Bromberg, Hohensalza, Gnesen and Schneidemühl. The province of Posen was long the worst-educated part of the German dominions, but of recent years this blemish has been removed. Thus while in 1882-1883 the ratio of illiterate recruits amounted to 9.75%, in 1901 less than one quarter per cent of

the military drafts were without schooling. The province returns 15 members to the Reichstag, 29 to the Prussian Lower House of the Prussian Diet, and is represented in the Upper House by 19 members. It is divided into two districts, those of Bromberg and Posen.

History. The history of Posen, comprehending some part of the old kingdom of Poland, including its most ancient capital, Gnesen, falls within the scope of the article POLAND. Its political connexion with Prussia began in 1772, when the districts to the north of the Netze fell to the share of that power in the first partition of Poland. The rest followed in 1793, and was united with the Netze district to form the province of South Prussia. In 1807, after the peace of Tilsit, Posen was incorporated with the grand duchy of Warsaw, but in 1815 it reverted to Prussia under the style of the grand duchy of Posen. In 1848 the Polish inhabitants of the province revolted and had to be put down by force, and, in spite of the efforts of the Prussian government, they remain in language and culture separated from their German compatriots. The tide of German immigration into Posen began at an early period and flowed strongly in the 13th and following centuries. The industrious German settlers were welcomed by the Polish nobles and were the founders of most of the towns, in which they lived after their own customs and were governed by their own laws. They established manufactures, introduced the cultivation of hops, reclaimed the waste soil, and did much to improve agriculture. In the 16th century Protestantism was widely diffused by their means. A strong reaction set in in the following century, and persecution of the Protestants went hand in hand with the ravages of war in hastening the political, intellectual and agricultural decline of the district. By the 18th century the burghers had sunk to the level of "städtische Bauern," or peasants with municipal privileges, and poverty and misery were widely spread. In the latter part of the 19th century, however, this state of things began to be greatly modified owing to the strong Polish national movement which threatened to drive back the boundaries of Germanism in the eastern provinces of Prussia, as they had already been driven back in Bohemia. Hitherto the most important class in Posen had been the Polish nobles, of whom many were very poor; but the economic development of the country and the break-up of the large estates into peasant holdings, which created a comparatively wealthy Polish middle class, threatened German ascendancy more seriously than had the traditional nationalism of the nobles. To combat this the Prussian government entered on a policy of the compulsory Germanization of the Polish population. In 1872 an administrative ordinance made German the medium of instruction in the schools "wherever possible," and the police commissaries who attended public meetings were instructed to close any meeting at which speeches were delivered in Polish. In April 1888 the Prussian parliament passed a law establishing a commission for the purpose of buying the land of the Poles in Posen and West Prussia, and letting it out to German colonists. The sum of 100,000,000 marks (£5,000,000) was voted for this work, to which in 1898 a like sum was added. In fifteen years an area of nearly 600 sq. m. of land was bought from the Poles, over one-half in Posen, and on this over 4000 families were settled. In spite of this policy, however, the Polish element continued to gain, this being partly due to immigration over the eastern border, partly to the repressive policy of the Prussian government, which converted what had been an aristocratic opposition into one that is popular and radical. In 1902 much scandal was caused by the revelation made in the Prussian parliament of the methods used in the attempt to Germanize the Poles; and Count Bülow had to confess that "corporal punishment was out of place in religious instruction"; Polish children having been beaten for refusing to say the Lord's Prayer in German (see Ann. Reg., 1901, p. 278). In his speech of the 13th of January 1903, in which he made the above admission, Count Bulow also had to admit the failure of the Prussian policy. Fresh legislation was passed in May, devoting another 250,000,000 marks (12,500,000) to the policy of German colonization, and forbidding the German colonists to sell their land to Poles. The laws forbidding the use of the Polish language in the schools were retained, in spite of an agitation in Germany itself for their repeal. Yet, three years later, Baron von Rheinbaben, the Prussian minister of finance. complained that in fifteen years the German population of East Prussia had diminished by 630,000, while Polish immigrants had in five years numbered 300,000; at the same time he confessed that the Poles were vastly increasing their economic resources at the expense of the German element. a result of this report a further sum of £100,000 was voted for provincial colonization and to prevent German emigration. In 1906 the Prussian government was made somewhat ridiculous by the strike of some 100,000 Polish school children, who objected to being whipped for refusing to answer questions in German. The petition of the archbishop of Posen that the children should be allowed to receive religious instruction in Polish having been rejected by the Prussian minister of education, he issued on the 17th of October a pastoral allowing parents to confine religious instruction Annual Register (1902), p. 280 seq.

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to home or priestly teaching. As a result parents were fined or imprisoned for withdrawing their children from religious instruction. in the bill, introduced in the session of 1907 by Prince Bülow, proThe repressive efforts of the government, however, culminated viding for the compulsory expropriation of Polish landowners in favour of Germans. This bill, which applied to "the districts in which the safety of the endangered German element could only be ensured by additional allotments to German settlers "-i.e. Posen and West Prussia-was passed, in spite of the strenuous opposition of some of the most conspicuous nobles in Prussia, in the session of 1908. At the same time under the Public Meetings Bill, introduced in 1907 and now passed, no language save German was to be used at any public meetings other than international congresses, &c.-save during actual parliamentary elections (Ann. Reg., 1908, p. 290). How opposed to the general sentiment of Germany the Prussian policy in Posen was, was shown in February 1909, when it was condemned, though without effect, by a resolution of the German imperial parliament. In January 1910 the Prussian policy was again arraigned in the German parliament in connexion with the "Kattowitz incident," Herr von Delbrück justifying the removal of a number of minor officials, for voting for Polish candidates at a municipal election, on the ground that the officials of the empire deserted the ground on which the constitution of the empire rested if they failed to support Prussia in her struggle (The Times, January 13, 1910, 5 d.). Herr von Bethmann Hollweg expressed himself later in the Prussian parliament to the same effect (ibid. January 20 and 22).

For the history of Posen see Wuttke, Städtebuch des Landes Posen (Leipzig, 1864); C. Meyer, Geschichte des Landes Posen (Posen, 1887), and Geschichte der Provinz Posen (Gotha, f891); Knoop, Sagen und Erzählungen aus der Provinz Posen (Posen, 1894); E. von Bergmann, Zur Geschichte der Entwickelung deutscher, polnischer und jüdischer Bevölkerung in der Provinz Posen seit 1824 (Tübingen, 1883); E. Schmidt, Geschichte des Deutschtums im Lande Posen unter polnischer Herrschaft (Bromberg, 1904); Stumpfe, Polenfrage und Ansiedelungskommission. Darstellung der staatlichen Kolonisation in Posen (Berlin, 1902); Wegener, Der wirtschaftliche Kampf der Deutschen mit den Polen um die Provinz Posen (Posen, 1903); the Handbuch für die Provinz Posen, Nachweisung der Behorden, Anstalten, Institute und Vereine (Posen, 1905); and the publications of the Historische Gesellschaft für die Provinz Posen (Posen, 1882 seq.). See further the official work Zwanzig Jahre deutscher Kulturarbeit 1886-1906 (Berlin, 1907). A good account of the Prussian policy in Posen, from an outside point of view, will be found in the Annual Register, passim.

POSEN (Polish Poznan), a city, archiepiscopal see and fortress of Germany, capital of the province of Posen, situated in a wide and sandy plain at the confluence of the Cybina and the Warthe, 150 m. E. from Berlin and 103 m. from Breslau. Pop. (1885), 68,315; (1895), 73,239; (1905), 136,808, of whom nearly one-half are Germans and about one-tenth Jews. Posen lies at the centre of a network of railways connecting it with Berlin, Breslau, Thorn, Kreuzburg, and Schneidemühl. The inner line of fortifications was removed in 1902 and the city has been completely modernized. The principal part of Posen, on the left bank of the Warthe, comprises the old town (Alstadt) and the modern quarter created by the Prussians after 1793. On the right bank lie Wallischei (a district inhabited by Poles) and some other suburbs. Posen has fifteen Roman Catholic and three Evangelical churches and several synagogues. The cathedral contains many interesting objects of art, but, with the exception of the Gothic Marienkirche of the 15th century, none of the churches is notable. The old town-hall is a quaint Slavonic adaptation of Romanesque forms. The royal castle, begun in 1905 and completed in 1910 at a cost of £250,000, is a pretentious building in what is officially called Romanesque style. It was intended as an effort to conciliate the Poles, and was opened by the emperor William II., with imposing ceremonies, on the 20th of August 1910. Posen possesses an Emperor William " library with 200,000 volumes, and the Raczynski library with Other principal buildings are the two theatres, the Emperor Frederick museum, founded in 1894, the Polish museum and the various public offices. Industries include the manufacture of agricultural machinery, spirits, furniture and sugar, also milling and brewing. There is an active trade, both by rail and river, in corn, cattle, wood, wool and potatoes. Posen is the headquarters of the V. army corps, and has a garrison of 6000 men.

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Posen, one of the oldest towns in Poland and the residence of some of the early Polish princes, including Boleslaus I.,

treatise De mundo also borrowed from him.

became the seat of a Christian bishopric about the middle of the I made use of writings of Posidonius in De natura deorum, bk. ii., and 10th century. The original settlement was on the right bank De divinatione, bk. i., and the author of the pseudo-Aristotelian of the Warthe, but the new town, establisaed on the opposite See Zeller, Philosophie der Griechen, iii. 1, 570-584 (in Eng. trans., bank by German settlers about 1250, soon became the more Eclecticism, 56-70); C. Müller, Fragmenta historicorum graecorum, important part of the double city. Posen became a great dépôt i. 245-296; J. Bake, Posidonii Rhodii reliquiae (Leiden, 1810), for the trade between Germany and western Europe on the one a valuable monograph; R. Scheppig, De Posidonio rerum gentium hand and Poland and Russia on the other. Many foreign Ciceros philosophischen Schriften, i. 191 seq., ii. 257 seq., 325 seq.. terrarum scriptore (Berlin, 1869); R. Hirzel, Untersuchungen zu merchants made the city their residence, and these included a 477-535, 756-789, iii. 342-378 (Leipzig, 1877); Thiaucourt, Essai sur colony of Scots, who exported produce to Edinburgh. The les traités philosophiques de Cicéron (Paris, 1885); Schmekel, Die city attained the climax of its prosperity in the 16th century, Theophanes von Mytilene und Posidonius von Apamea (1882). (See Philosophie der mittlern Stoa (1892); Arnold, Untersuchungen über when its population, according to one estimate, reached 80,000. also STOICS.) The intolerance shown to the Protestants, the troubles of the Thirty Years' War, the plague and other causes, soon conspired to change this state of affairs, and in the 18th century the population sank to 12,000. New life was infused into the city after its annexation by Prussia at the second partition of Poland in 1793, and since this date its growth has been rapid.

See Lukaszewicz, Historisch-statistisches Bild der Stadt Posen 958-1793 (Ger. trans., Posen, 1881); Ohlenschläger, Kurzgefasste Geschichte und Beschreibung der Stadt Posen (Posen, 1886); Warschauer, Stadtbuch von Posen (Posen, 1892); and Führer durch Posen (Posen, 1895).

POSIDIPPUS (3rd cent. B.C.), Greek dramatist, of Cassandrea in Macedonia, the last and one of the most distinguished of the writers of the new comedy. He began to write for the stage in 289 B.C., and, according to Suïdas, wrote 40 plays, of which 17 titles and some fragments have been preserved. He appears to have gone somewhat out of the beaten track in his choice of subjects, and it is evident that cooks held an important position in his list of characters. His comedics were frequently imitated by the Romans (Aulus Gellius ii. 23), and it is considered very probable that the Menaechmi (a comedy of errors) of Plautus is an adaptation either from the "Ouoto, or from some unknown comedy of Posidippus, called Aidupo, or perhaps Mévaιxuoi. His statue in the Vatican is considered a masterpiece of ancient

art.

Fragments in A. Meineke, Poetarum comicorum graecorum fragmenta (1855).

which could be carried from place to place without being taken POSITIVE (or Portable) ORGAN, a medieval chamber organ to pieces, and when played was placed on a table or stool and required a blower for the bellows, as well as a performer. It was larger and more cumbersome than the portative (q.v.), with which it has often been confounded. The positive had usually but one kind of pipe, the open diapason of 2 ft. tone, and in the 16th century the best types had three registers by means of which each note could be sounded with its fifth and octave, or each by itself, or again in combinations of twos. The positive differed from the regal in having flue pipes, whereas the latter had beating reeds in tiny pipes, one or two inches long, concealed behind the keyboard. During the early middle ages most of the pneumatic organs belonged to this type.

A well-known instance of an early positive or portable organ of the 4th century occurs on the obelisk erected to the memory of Theodosius the Great, on his death in A.D. 395. Among the illumisenting interesting varieties of the portable organ of the middle ages; nated manuscripts of the British Museum miniatures abound represuch as Add. MS. 29902 (fol. 6) and Add. MS. 27695b (fol. 13), Cotton MS. Tiberius A VII. fol. 104d., all of the 14th century, Add. MS. 28962, Add. MS. 17280, both of the 15th century, These little organs were to be found at every kind of function, civil and religious; they were used in the dwellings and chapels of the rich; at banquets and court functions; in choirs and music schools; and in the small orchestras of Peri and Monteverdi at the dawn of the musical drama or opera. (K. S.) POSITIVISM (derived from ponere, whence positus, that POSIDIPPUS is also the name of a writer of epigrams (c. 270 B.C.), which is laid down, certain), a philosophical term, applied someof which about 30 are preserved in the Greek Anthology. See W. Christ, Griechische Litteraturgeschichte (1898). POSIDONIUS (c. 130-50 B.C.), nicknamed .".the Athlete," Stoic philosopher, the most learned man of his time (so Strabo τῶν καθ ̓ ἡμᾶς φιλοσόφων πολυμαθέστατος, Galenἐπιστημονικώτατος) | and perhaps of all the school. A native of Apamea in Syria and a pupil of Panaetius, he spent after his teacher's death many years in travel and scientific researches in Spain (particularly at Gades), Africa, Italy, Gaul, Liguria, Sicily and on the eastern shores of the Adriatic. When he settled as a teacher at Rhodes (hence his surname "the Rhodian ") his fame attracted numerous scholars; next to Panaetius he did most, by writings and personal intercourse, to spread Stoicism in the Roman world, and he became well known to many leading men, such as Marius, Rutilius Rufus, Pompey and Cicero. The last-named studied under him (78-77 B.C.), and speaks as his admirer and friend. He visited Rome, e.g. on an embassy in 86 B.C., but probably did not settle there as a teacher.

His works, now lost, were written in an attractive style and proved a mine of information to later writers. The titles and subjects of more than twenty of them are known. In common with other Stoics of the middle period, he displayed eclectic tendencies, following the older Stoics, Panaetius, Plato and Aristotle. His admiration for Plato led him to write a commentary on the Timacus; in another way it is shown by important modifications which he made in psychological doctrine. Unquestionably more of a polymath than a philosopher, he appears uncritical and superficial. But at the time his spirit of inquiry provoked Strabo's criticism as something alien to the school (τὸ αἰτιολογικόν καὶ τὸ ἀριστοτέλιζον, ὅπερ ἐκκλίνουσιν οἱ repo). In natural science, geography, natural history, mathematics and astronomy he took a genuine interest. He sought to determine the distance and magnitude of the sun, to calculate the diameter of the earth and the influence of the moon on the tides. His history of the period from 146 to 88 B.C., in fifty-two books, must have been a valuable storehouse of facts. Cicero, who submitted to his criticism the memoirs which he had written in Greek of his consulship,

what loosely to any system which confines itself to the data of experience and declines to recognize a priori or metaphysical speculations. In this sense the term may be applied to empirical philosophers in general. Thus Hume is a positivist in the sense that he specifically restricts philosophy to the sphere of observation, and regards the causal relation as being nothing more than what we have been accustomed to expect. Similarly Mill, Spencer and physical scientists generally view the universe from the positivist standpoint. In its commonest acceptation, however, positivism is both narrower and wider than this. The term is specifically used of the philosophy of Auguste Comte, who applied the term to his system according to which knowledge is based exclusively on the methods and discoveries of the physical or "positive" sciences. According to Comte human thought passes through three stages-theological, metaphysical and positive. The final stage, positivism, is the understanding of the universe not as composed of a multitude of individuals each with volition, but as an ordered organism governed by necessary laws (see further COMTE). The outcome of this positivism is the substitution for revealed religion of a religion of humanity-according to Huxley "Catholicism minus Christianity "-in which God is replaced by Humanity. This religion was to have its special priesthood, ritual and organiza

tion.

Positivism has, therefore, two distinct sides, the philosophical and the religious or mystical. Philosophical positivism has had distinguished representatives in France, Germany and England, and in the wider sense indicated above may be regarded as one of the two or three chief influences on modern philosophical development. Though the details of Comte's philosophic structure, e.g. the classi fication of the sciences, are without important significance, the positivistic tendency is prominent in all systems of thought which deny the supernatural and the metaphysical. Agnosticism, Phenomenal. ism, Rationalism, Materialism all manifest the positivist spirit, denying what may be succinctly described as the metempirical.

In France the Comtian tradition was maintained with important | the practor for their protection, or else, according to another reservations and the abandonment of the religious aspect by Littré (q..), Taine and others. In Germany many of the followers of Kant theory, had in older times been employed for the provisional have in greater or less degree maintained the view that all true maintenance of possessions pending the settlement of questions knowledge depends upon the observation of objective phenomena. of legal right " (Maine, Ancient Law, ch. viii.). Savigny regards The distinctly religious aspect has been comparatively unimportant, the protection of possession as an extension of the protection except in so far as modern social evolutionist ethics may be regarded of the person. The same view was taken by the English court as religious in character. In England, however, a number of prominent Positivists have carried out Comte's original ideal of a Church of exchequer in Rogers v. Spence, 13 M. & W. R. p. 581. of Humanity with ritual and organization. The chief building (in According to Hunter (Roman Law, pp. 206, 221), Savigny Chapel Street, Lamb's Conduit Street, London) is adorned with overlooked the needs of aliens. It was the needs of aliens, busts of the saints of humanity, and regular services are held. incapable of the full proprietary rights of Roman citizens, Positivist hymns are sung and addresses delivered. Among the leaders of this movement have been Frederic Harrison, Richard that led to the invention by the praetor of a means of giving Congreve, E. S. Beesly and J. H. Bridges (d. 1906). Services are them equitable rights in the land, and protecting them in also held weekly in Essex Hall, London, and there are a few other the enjoyment of these rights. Savigny attributes only two centres in the provinces, including a prosperous church in Liverpool. rights to possession in Roman law-acquisition of ownership POSSE COMITATUS (Lat. “ power of a county"), a summons by possession for a given time (usucapio, longi temporis possessio) to every male in the county, between the ages of fifteen and and protection of possession from disturbance (interdictum). twenty, to be ready and apparelled, at the command of the Others have included further rights-inter alia, the right to use sheriff and the cry of the county, to maintain peace and pursue force in defence of possession, and the right to have the burden felons. Ecclesiastical persons, peers and such as laboured under of proof, in a contest as to the title, thrown upon the adversary: any infirmity were not compellable to attend. Owing to the "In pari causa possessor potior haberi debet." The position establishment of county police, the sheriff does not now pursue of the possessor in Roman law was very strong. If a bona fide felons, but by the Sheriffs Act (1887, sec. 8, sub-sec. 2) the calling possessor, he could bring an action for furtum even against the out of the posse comitatus is expressly authorized if the sheriff owner, if a mala fide possessor of land, he was so far protected finds any resistance in the execution of a writ. In view of the that he could not be ejected by force. A mala fide possessor of sheriff's duty to raise, if necessary, the posse comitatus it is no movables could, however, acquire no rights.2 answer by him, for non-execution of a writ, to say that he was resisted.

See P. E. Mather, Sheriff Law.

POSSESSION (Lat. possessio, possidere, to possess), in law, a term derived from Roman law. The Roman conception of possession has been generally adopted, but not the Roman deductions from the conception. The subject of possession has become more difficult owing to the various senses in which the term has been interpreted. Thus it has been said to be either a right or a fact conferring a right, or both together. The latter is the view of Savigny, the leading authority upon the subject (Recht des Besitzes, translated by Sir Erskine Perry, 1848). Further, there is a want of agreement among legal writers as to the amount of right or rights that it confers. All that can be said with safety is that possession stands in a position intermediate between simple detention and absolute ownership, and that it implies two elements, physical detention and mental intention to hold the thing possessed as one's own. These difficulties being borne in mind, the definition of W. A. Hunter may be accepted: "Possession is the occupation of anything with the intention of exercising the rights of ownership in respect of it" (Roman Law, p. 209). Possession is inchoate or incomplete ownership; it is on its way to become ownership. In the case of the public domain of Rome (ager publicus) the possession was really the important matter, the dominium being practically of no value. Possession in Roman law was either natural or civil. The former was mere occupation, the latter such occupation as ripened by prescription into ownership. Possession exclusive against the world (including the true owner) was called "adverse possession." A servitude, such as a right of way, could not be held in true possession, but was said to be in " quasi-possession." The quasi-possessor, however, had possessory remedies. In Roman law a broad distinction was drawn between possession and ownership (dominium).1 They were protected by different remedies-possession by interdict, ownership by action. This difference can only be explained by history. Here again, unfortunately, authorities differ. According to Savigny, a Roman citizen who had become a tenant of part of the ager publicus could not by any length of holding obtain more than a quasi-ownership, but one of which it would have been morally unjust to have deprived him. "The only legal remedies of which the tenants could avail themselves, if ejected or threatened with disturbance, were the possessory interdicts, summary processes of Roman law which were either expressly devised by The distinction is very important, as it affects the contract of sale. The contract was not to transfer ownership, as in English law, but only vacua possessio.

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It has been already stated that there is both a physical and a mental element in the conception of possession. This does not necessarily mean that corporal contact is in all cases requisite, or that the intention to hold the thing possessed as one's own may not be abandoned for a time. The control may be potential as well as actual. An estate may be possessed without the possessor going upon the land at all, and the possession of goods may be given by delivering the key of the warehouse in which they are stored. In international law the possession of part as giving a title to the whole has been of great importance (see INTERNATIONAL LAW). Where goods are pledged or bailed for a specific purpose the intention of the pledgor or bailor to hold them as his own is suspended during the existence of the limited right of the pledgee or bailee, to whom a fragment of the possession has passed. In Roman law the pledgor had possessio ad usucapionem, the pledgee possessio ad interdicla. The possession of the pledgee or bailee has been called "derivative possession." Possession may be exercised through another (" animo nostro, corpore alieno "), as through a servant, who has not true possession. Possession so exercised has been called "representative possession." As soon as the representative determines to assume control on his own behalf or to submit to the control of another, the possession of the principal is gone. Possession may be transferred or lost. It is lost when either the corpus or the animus (to use the terms of Roman law) ceases to exist. It may be lost by the representatives in cases where the principal might have lost it.

In both Roman and English law the possessory tended to supersede the proprietary remedies from their greater convenience that is to say, the plaintiff based his claim or the defendant his right upon possession rather than property. The English possessory action may have been directly suggested by the interdict. Bracton (103b) identifies the assise of novel disseisin, the most common form of possessory action, with the interdict unde vi. In England ejectment had practically superseded other real actions before the latter were (with the exception of dower, writ of dower and quare impedit) expressly abolished by the Real Property Limitation Act 1833, s. 36. The action for the recovery of land, introduced by the Judicature Acts, is the modern representative of the action of ejectment.

thief can give a good title to stolen goods, though he has no title This does not agree with English law, where in certain cases a himself.

Much of the law of master and servant is based upon the Roman law of master and slave. The servant, like the slave, has not possession of his master's goods even though they are in his custody, unless, indeed, the circumstances are such that he ceases to be a servant and becomes a bailee.

The right of a party to recover possession is enforced by a writ | 14b) has been altered by the rule of descent introduced by the of possession.

Possession gives in English law, speaking generally, much the same rights as in Roman law. Thus it serves to found a title (see LIMITATION, STATUTES OF; PRESCRIPTION), and to throw the onus of proof upon the claimant. In an action for the recovery of land the defendant need only allege that he is in possession by himself or by his tenant, and (where such an allegation is necessary) that he had no notice to quit. The chief differences between Roman and English law, arising to some extent from the differences in the history of the two systems, are that the former did not give to derivative possessors (except in the case of pledge) the remedies of possessors, as does English law, and that Roman law is stricter than English in requiring that possession to found usucapio should (except in the case of jus aquae ducendae ) be ex justo titulo, or under colour of right (see PRESCRIPTION). There is one case of constructive possession which is peculiar to English law-that is, where possession is said to be given by a deed operating under the Statute of Uses (see " Orme's Case," L. R. 8, C. P. p. 281).

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In English law the doctrine of possession becomes practically important in the following cases. (1) Possession serves as a convenient means of division of estates (see REAL PROPERTY). One of the divisions of estates is into estates in possession and estates in reversion or remainder. It also serves as a division of personal property (q.v.). A close in action is said to be reduced into possession when the right of recovery by legal proceedings has become a right of enjoyment. (2) Possession gives a title against a wrongdoer. In the case of real property it is regarded as prima facie evidence of scisin.1 In the case of personal property the mere possession of a finder is sufficient to enable him to maintain an action of trover against one who deprives him of the chattel (see the leading case of Armory v. Delamirie, 1 Str. 504). (3) What is called " unity of possession is one of the means whereby an easement is extinguished. Thus the owner of close A may have had a right of way over close B, while the latter belonged to a different owner. If the two closes come to be owned by the same person, the right of way is extinguished, but may under certain circumstances revive on the separation of the ownership. (4) Possession is very important as an element in determining the title to goods under 13 Eliz. c. 5, the Bills of Sale Act 1878 and the Bankruptcy Acts 1883 to 1890. It may be said that as a general rule retention of possession by the transferor or an absolute assignment or a colourable delivery of possession to the transferee is strong prima facie evidence of fraud. (5) Possession of goods or documents of title to goods is generally sufficient to enable agents and others to give a good title under the Factors' Acts (see FACTOR). (6) In criminal law the question of possession is important in founding the distinction between larceny and embezzleIf the goods are in the possession of the master and he gives them to the custody of his servant for a specific purpose and the servant steals them, it is larceny; if they have never come into the master's possession, as if a clerk receives money on his master's behalf, it is embezzlement. Recent possession of stolen goods is always regarded as a presumption that the person in whose possession they are stole them or received them knowing them to have been stolen. In the case of a charge of receiving stolen goods evidence may be given that there was found in the possession of the accused other property stolen within the preceding period of twelve months, 34 & 35 Vict. c. 112, s. 19. (For possession in criminal law, see Stephen, Digest of the Criminal Law, note xi.) (7) Actions of possession of ships fall within the jurisdiction of the admiralty division. This jurisdiction in the case of British vessels depends upon the Admiralty Court Act 1861 (24 Vict. c. 10, s. 8), in the case of foreign vessels (in which the jurisdiction is rarely exercised) upon the general powers of the court as a maritime court.

ment.

The doctrines of adverse possession (in the old English sense, which was not identical with the Roman law, for the real owner must have actually or by fiction been disseised) and of possessio fratris are now of only antiquarian interest. The Statutes of Limitation have superseded the first. The only question now is, not whether possession has been adverse or not, but whether twelve years have elapsed since the right accrued. The maxim " possessio fratris de feodo simplici sororem facit esse haeredem " (Coke upon Littleton,

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1 "Seisin" and "possession are used sometimes as synonyms, as generally by Bracton; at other times they are distinguished: thus there can be possession of a term of years, but no seisin (Noy, Maxims, p. 2). It seems doubtful, however, how far in English law a tenant for years has true possession, for he is in law only a bailiff or servant of the landlord. But he certainly has possessory remedies, like the quasi-possessor in Roman law.

Compare the Code Napoléon, art. 2279: "En fait de meubles la possession vaut titre.'

Inheritance Act 1833, under which descent is traced from the purchaser. At one time possessory suits were occasionally maintained in England, and more frequently in Ireland, for the quieting of possession after proof of three years' possession before the filing of the bill. But such suits are now obsolete (see Neill v. Duke of English law in which possession was maintained by means of what Devonshire, 8 A. C. 146). There was one characteristic case in old was called "continual claim," made yearly in due form, where the person having the right was prevented by force or fear from exercising it (Coke upon Littleton, 253b). Continual claim was abolished by the Real Property Limitation Act 1833, s. 11. Actions of molestation, of removing, and of maills (payments) and Scotland.-In Scotland possessory actions still exist eo nomine. duties are examples. A possessory judgment is one which entitles a person who has been in possession under a written title for seven years to continue his possession (Watson, Law Dich., s.v. "Possessory Judgment ").

United States.-Here the law in general agrees with that of England. Possessory rights are taxed in some of the states. Louisiana follows Roman law closely. Possession of incorporeal rights (to use the unscientific language of the Code) is called quasipossession, and the division of possession into natural and civil is maintained (Civil Code, ss. 3389-3419).

In addition to the authorities cited may be mentioned Smith, Dict. of Antiquities, s.v. "Possessio "; Markby, Elements of Law: Holland, Elements of Jurisprudence; Holmes, The Common Law (lect. vi.); Pollock and Wright, Possession in the Common Law. (J. W.)

POSSESSION, the term given to the supposed control of a human body and mind by an alien spirit, human or non-human; or the occupation by an alien spirit of some portion of a human body, causing sickness, pain, &c. The term obsession (Lat. for siege) is sometimes used as equivalent to possession; sometimes it denotes spirit control exercised from without, or it may mean no more than a maniacal monoideism. From an anthropological point of view possession may be conveniently classed as (a) inspirational, (b) demoniacal, (c) pathological, according invasion of the possessed person. to the view taken of the reason for or effect of the spiritual

a. In inspirational possession the oracle spirit is held to have entered the person in order to foretell the future or to proclaim the will of a god; the god himself may be regarded as speaking through the mouth of his devotee; among peoples in the lower stages of culture possession by spirits of the dead is inspirational, especially where there is any kind of ancestor worship in vogue. This kind of possession, so far as is known, does not appear among some of the lowest peoples, e.g. the Australians; but it is common in Africa, Polynesia and Asia, where European influence has not led to its decay. Many of the classical oracles were regarded as due to divine inspiration. The manifestations are often voluntarily induced and are provoked in many different ways; in classical times the eating of laurel leaves, the inhaling of fumes which ascended from a cleft in the rocks of Delphi, the drinking of intoxicating liquors, or of a more widely found means of inducing the phenomena -blood-were all in use. In the Malay Peninsula the medicineman inhales incense which rises in clouds from a censer and hangs like a mist round his head; similar hypnotic effects are produced in Egypt in the case of divining boys by means of drugs. In Fiji the priest sat before a dish of scented oil and anointed himself with it, till in a few minutes he began to tremble and was finally strongly convulsed. In parts of India, draughts of blood from the neck of the newly decapitated victim were the means of rousing the priest to frenzy; while in Siberia, America and many parts of Africa drumming, contortions and orgiastic dancing are more commonly found. According to another account, the Fijian priest provoked the onset of the trance by a method in use in ordinary hypnotic practice; he sat amid dead silence before a whale's tooth, at which he gazed steadfastly.

The symptons of supposed possession by a god differ as widely as do those of the hypnotic trance. In Hawaii the god Oro gave his oracles by inspiring the priest, who ceased to speak or act as a voluntary agent, his frenzied utterances being interpreted by the attendant priests. In the Malay Peninsula the pawang, after censing himself, lies down on his back, with his head shrouded, and awaits the moment of inspiration. The tiger spirit which is the familiar of all Malay pawangs manifests its presence by a low lifelike growl and the pawang scratches at the mat, gives a series of catlike leaps and licks up from the floor the handfuls of rice scattered there. But his state seems to be far removed from the ecstasy of the Hawaiian priest, though it must be remembered that no test of bona fides is possible in either case. We meet with another stage in Tahiti in the lofty declamation of the possessed priests, who thus afford a parallel to the utterances of many modern mediums. Finally in Africa, where the frenzied form of possession is also common, we find at Sofala the manifestations of possession

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