There is not therefore the least reason for surprise that the Roman people through their emperors or praetors were able to grant to its subjects the right of occupying the shore. This public occupation, however, no less than private occupation, was subject to the restriction that it should not infringe on international rights. Therefore the Roman people could not forbid any one from having access to the seashore,[76] and from spreading his fishing nets there to dry, and from doing other things which all men long ago decided were always permissible. The nature of the sea, however, differs from that of the shore, because the sea, except for a very restricted space, can neither easily be built upon, nor inclosed; if the contrary were true yet this could hardly happen without hindrance to the general use. Nevertheless, if any small portion of the sea can be thus occupied, the occupation is recognized. The famous hyperbole of Horace must be quoted here: “The fishes note the narrowing of the waters by piers of rock laid in their depths.”[77] Now Celsus holds that piles driven into the sea belong to the man who drove them.[78] But such an act is not permissible if the use of the sea be thereby impaired. And Ulpian says that whoever builds a breakwater must be protected if it is not prejudicial to the interests of any one; for if this construction is likely to work an injury to any one, the injunction ‘Nothing may be built on public property’ would apply. Labeo, however, holds that in case any such construction should be made in the sea, the following injunction is to be enforced: ‘Nothing may be built in the sea whereby the harbor, the roadstead, or the channel be rendered less safe for navigation’.[79] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Quae autem navigationis eadem piscatus habenda est ratio, ut communis maneat omnibus. Neque tamen peccabit si quis in maris diverticulo piscandi locum sibi palis circumsepiat, atque ita privatum faciat; sicut Lucullus exciso apud Neapolim monte ad villam suam maria admisit.[80a] Et huius generis, puto fuisse piscinas maritimas quarum Varro et Columella meminerunt. Nec Martialis alio spectavit, cum de Formiano Apollinaris loquitur:[81a] _Si quando NEREVS sentit Aeoli regnum, Ridet procellas tuta de SVO mensa._