instructio aut limitatio; unde Hermogenianus cum dominia distincta dicit, addit, agris terminos positos, aedificia collocata.[55a] Hic rerum status a poetis indicatur:
Celebratur post haec, ut Hermogenianus indicat, commercium cuius gratia
Eodem autem tempore et respublicae institui coeperunt. Atque ita earum quae a prima communione divulsa erant duo facta sunt genera. Alia enim sunt publica, hoc est, populi propria (quae est genuina istius vocis significatio) alia mere privata, hoc est, singulorum. Occupatio autem publica eodem modo fit, quo privata. Seneca:[59a] ‘Fines Atheniensium, aut Campanorum vocamus, quos deinde inter se vicini privata terminatione distinguunt’. Gens enim unaquaeque
immovables either the erection of buildings or some determination of boundaries, such as fencing in. Hence Hermogenianus, in speaking of separate ownerships, adds the boundaries set to the fields and the buildings thereon constructed.[55] This state of things is described thus by the poets Vergil and Ovid:
In still another place, as Hermogenianus points out, Ovid praises commerce, for the sake of which:[58]
At the same time, however, states began to be established, and so two categories were made of the things which had been wrested away from early ownership in common. For some things were public, that is, were the property of the people (which is the real meaning of that expression), while other things were private, that is, were the property of individuals. Ownership, however, both public and private, arises in the same way. On this point Seneca says:[59] ‘We speak in general of the land of the Athenians or the Campanians. It is the same land which again by means of private boundaries is divided among individual owners’.