t of the analogies on which
they form the law of nations from the principles of law which prevail in
civil community. Civil laws are not all of them merely positive. Those
which are rather conclusions of legal reason than matters of statutable
provision belong to universal equity, and are universally applicable.
Almost the whole praetorian law is such. There is a _law of neighborhood_
which does not leave a man perfect master on his own ground. When a
neighbor sees a _new erection_, in the nature of a nuisance, set up at
his door, he has a right to represent it to the judge, who, on his part,
has a right to order the work to be stayed, or, if established, to be
removed. On this head the parent law is express and clear, and has made
many wise provisions, which, without destroying, regulate and restrain
the right of _ownership_ by the right of _vicinage_. No _innovation_ is
permitted that may redound, even secondarily, to the prejudice of a
neighbor. The whole doctrine of that important head of praetorian law,
"_De novi operis nunciatione_," is founded on the principle, that no
_new_ use should be made of a man's private liberty of operating upon
his private property, from whence a detriment may be justly apprehended
by his neighbor. This law of denunciation is prospective. It is to
anticipate what is called _damnum infectum_ or _damnum nondum factum_,
that is, a damage justly apprehended, but not actually done. Even before
it is clearly known whether the innovation be damageable or not, the
judge is competent to issue a prohibition to innovate until the point
can be determined. This prompt interference is grounded on principles
favorable to both parties. It is preventive of mischief difficult to be
repaired, and of ill blood difficult to be softened. The rule of law,
therefore, which comes before the evil is amongst the very best parts of
equity, and justifies the promptness of the remedy; because, as it is
well observed, "_Res damni infecti celeritatem desiderat, et periculosa
est dilatio_." This right of denunciation does not hold, when things
continue, however inconveniently to the neighborhood, according to the
_ancient_ mode. For there is a sort of presumption against novelty,
drawn out of a deep consideration of human nature and human affairs; and
the maxim of jurisprudence is well laid down, "_Vetustas pro lege semper
habetur_."

Such is the law of civil vicinity. Now where there is no constituted
judge, as betwee