AND THE FISH THEREOF. 47 



the rights having been absolute in the first instance, whereas, in the second 

 and third instances, they were confined to the usufruct of the produce, as an 

 attribute of jurisdiction conceded by the reigning lord. 



In the case of the Communes, this right extended only to those in pos- 

 session of land (domiuio), called capo comuni in contradistinction to the 

 comuni, vassal/, soggcti, or tributari. 



As a rule, the possession of estates brought with them, as a natural 

 consequence, the fishing rights over the adjacent waters ; but there were 

 exceptions in the case of waters held independently of the territory they 

 washed, and which were transferable as any other property. 



This theory was adopted by the Venetians, who, in emancipating the 

 littoral communes [comuni litorani), drew the difference between comuni di 

 terra and comuni di mare. 



Those were held di mare, or marittimi, whose chief town [capoluogo) was 

 situate either on the shore, or was in communication by water with the seas ; 

 whereas, those whose chief town was situate inland were considered di terra, 

 though they might be in possession of seaboard. 



The fishing-rights were conferred on the comuni di mare, to the exclusion 

 of the comuni di terra. Hence arose the anomaly of some Communes holding 

 fishing- rights over tracts of water the shores of which belonged to other 

 communities, which were thus excluded from the rights of fishing on their own 

 shores. 



The Republic, nevertheless, retained her supreme rights over the seas, 

 and required, in each case, the payment of a nominal sum of one gold coin 

 each year in acknowledgment of these rights. 



The comuni and bai'oni, however, generally transferred their rights of 

 fishing to the inhabitants of the bordering coast. 



The baroni generally claimed a fixed rent, whereas the comuni saddled 

 the fishermen with the engagement to supply the adjoining markets with fish 

 at fixed moderate prices. 



The Republic defended the privileges and rights of her subjects with the 

 utmost rigour, and nobody dared encroach on them. 



The law established by these ancient and traditional customs, and handed 

 down from generation to generation, had thus become so engrafted in the 



