Narrative and Miscellaneous PapersDe Quincey, Thomas
General
Narrative and Miscellaneous Papers
De Quincey, Thomas
English essays; English fiction
The Roman law
would have paved a road to the moon. And what is _that_ expressed in
time? Let us see: a railway train, worked at the speed of the Great
Western Express, accomplishes easily a thousand miles in twenty-four
hours; consequently in two hundred and forty days or eight months it
would run into the moon with its buffers, and break up the quarters of
that Robinson Crusoe who (and without any Friday) is the only policeman
that parades that little pensive appendage or tender to our fuming
engine of an earth. But the English law--oh frightful reader, don't even
think of such a question as its relation in space and time to the Roman
law. That it would stretch to the fixed stars is plain, but to which
of them,--don't now, dear persecuting reader, unsettle our brains by
asking. Enough it is that both in Roman and English law the rights of
neighborhood are past measuring. Has a man a right to play the German
flute, where the partitions are slender, all day long in the house
adjoining to yours? Or, supposing a beneficent jury (beneficent to
_him_) finds this to be no legal nuisance, has he a right to play it
ill? Or, because juries, when tipsy, will wink at anything, does the
privilege extend to the jew's-harp? to the poker and tongs? to the
marrowbones and cleavers? Or, without ranging through the whole of the
_Spectator's_ culinary music, will the bagpipes be found within benefit
of jury law? _War to the knife_ I say, before we'll submit to _that_.
And if the law won't protect us against it, then we'll turn rebels.
Now this law of neighborhood, this _lex vicinitatis_, amongst the
Romans, righted itself and settled itself, as amongst ourselves it
continues to do, by means of actions or legal suits. If a man poisons us
with smoke, we compel him by an action to eat his own smoke, or (if he
chooses) to make his chimneys eat it. Here you see is a transmuted war;
in a barbarous state, fire and sword would have avenged this invasion of
smoke; but amongst civilized men, paper bullets in the form of _Qui
tam_ and _Scire facias_, beat off the enemy. And on the same principle,
exactly as the law of international rights clears up its dark places,
war gradually narrows its grounds, and the _jus gentium_ defines itself
through national attorneys, _i. e._, diplomatists.
Public-domain text, read in full here on John Shaqi.
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