the contrary opinion apply either to islands, which evidently could be occupied, or to harbors, which are not ‘common’, but ‘public’, that is, ‘national’. Now those who say that a certain sea belonged to the Roman people explain their statement to mean that the right of the Romans did not extend beyond protection and jurisdiction; this right they distinguish from ownership. Perchance they do not pay sufficient attention to the fact that although the Roman People were able to maintain fleets for the protection of navigation and to punish pirates captured on the sea, it was not done by private right, but by the common right which other free peoples also enjoy on the sea. We recognize, however, that certain peoples have agreed that pirates captured in this or in that part of the sea should come under the jurisdiction of this state or of that, and further that certain convenient limits of distinct jurisdiction have been apportioned on the sea. Now, this agreement does bind those who are parties to it,[94] but it has no binding force on other nations, nor does it make the delimited area of the sea the private property of any one. It merely constitutes a personal right between contracting parties. This distinction so conformable to natural reason is also confirmed by a reply once made by Ulpian. Upon being asked whether the owner of two maritime estates could on selling either of them impose on it such a servitude as the prohibition of fishing in a particular part of the sea, he replied that the thing in question, evidently the sea, could not be subjected to a servitude, because it was by nature open to all persons; but that since a contract made in good faith demands that the condition of a sale be respected, the present possessors and those who succeed to - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Verum est loqui Iurisconsultum de praediis privatis, et lege privata, sed in territorio et lege populorum eadem hic est ratio, quia populi respectu totius generis humani privatorum locum obtinent. Similiter reditus qui in piscationes maritimas constituti Regalium numero censentur, non rem, hoc est mare, aut piscationem, sed personas obligant.[95a] Quare subditi, in quos legem ferendi potestas Reipublicae aut Principi ex consensu competit, ad onera ista compelli forte poterunt; sed exteris ius piscandi ubique immune esse debet, ne servitus imponatur mari quod servire non potest. Non enim maris eadem quae fluminis ratio est:[96a] quod cum sit publicum, id est populi, ius etiam in eo piscandi a populo aut principe concedi aut locari potest, ita ut ei qui conduxit, etiam interdictum Veteres dederint, de loco publico fruendo, addita condicione si is cui locandi ius fuerit, fruendum alicui locaverit;[97a] quae condicio in mari evenire non potest. Ceterum qui ipsam piscationem numerant inter Regalia, ne quidem illum locum quem interpretabantur satis inspexerunt, quod Iserniam et Alvotum non latuit.