Et Ambrosius:[82a] ‘Inducis mare intra praedia tua ne desint belluae’. Hinc apparere potest quae mens Pauli fuerit, cum dicit,[83a] si maris proprium ius ad aliquem pertineat, _uti possidetis_ interdictum ei competere. Esse quidem hoc interdictum ad privatas causas comparatum, non autem ad publicas, (in quibus etiam ea comprehenduntur quae iure gentium communi facere possumus) sed hic iam agi de iure fruendo quod ex causa privata contingat, non publica, sive communi. Nam teste Marciano, quicquid occupatum est et occupari potuit,[84a] id iam non est iurisgentium, sicut est mare. Exempli causa, si quis Lucullum aut Apollinarem in privato suo, quatenus diverticulum maris incluserant, piscari prohibuisset, dandum illis interdictum - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Now the same principle which applies to navigation applies also to fishing, namely, that it remains free and open to all. Nevertheless there shall be no prejudice if any one shall by fencing off with stakes an inlet of the sea make a fish pond for himself, and so establish a private preserve. Thus Lucullus once brought the water of the sea to his villa by cutting a tunnel through a mountain near Naples.[80] I suspect too that the seawater reservoirs for fish mentioned by Varro and Columella were of this sort. And Martial had the same thing in mind when he says of the Formian villa of Apollinaris:[81] ‘Whenever Nereus feels the power of Aeolus, the table safe in its own resources laughs at the gale’. Ambrose also has something to say on the same subject:[82] ‘You bring the very sea into your estates that you may not lack for fish’. In the light of all this the meaning of Paulus is clear when he says[83] that if any one has a private right over the sea, the rule _uti possidetis_ applies. This rule however is applicable only to private suits, and not to public ones, among which are also to be included those suits which can be brought under the common law of nations. But here the question is one which concerns the right of use arising in a private suit, but not in a public or common one. For according to the authority of Marcianus whatever has been occupied and can be occupied[84] is no longer subject to the law of nations as the sea is. Let us take an example. If any one had prevented Lucullus or Apollinaris from fishing in the private fish ponds which they had made by inclosing a small portion of the sea, according to the opinion of Paulus they would have the right of bringing - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Paulus putavit non solum iniuriarum actionem, ob causam scilicet privatae possessionis.[85a]