First lawyer. Our clients are neighbors, but there is running water separating their land. Now it happened that three years ago the water loosened a large piece of earth from my client’s estate and deposited it on my opponent’s field. Shall he now own it? Is it not stated: Nemo alterius damno debet locupletari? Here his client wishes to enrich himself at my client’s expense, which aperte conflicts with aequitatem naturalem. Is that not so, Mr. Burgomaster?
Herman. Of course; it is unjust to ask that. You are right, monsieur!
Second lawyer. But does not Justinian say expressly, libro secundo Institutionum, titulo prima, de Alluvione...
Herman. What the deuce do I care for what Justinian or Alexander the Great says? They lived a few thousand years, perhaps, before Hamburg was founded. How can they decide in cases which didn’t exist in their time?
Second lawyer. I hope, however, that your Honor is not going to reject the laws that all Germany has submitted to.
Herman. That was not the way I meant it; you misunderstood me, I only meant to say—(He has a coughing fit.) Kindly continue your case.
Second lawyer. There are the words of Justinian: Quod per alluvionem agro tuo flumen adjecit, jure gentium tibi acquiritur.
Herman. Mr. Lawyer, you speak so devilish fast—say that over, more distinctly. (The lawyer repeats the Latin slowly.) Monsieur, you have a devilish bad Latin pronunciation. Speak your mother-tongue, and you will do better. I don’t say this because I have any prejudice against Latin, for I sometimes sit and talk Latin with my servant for hours at a time. Isn’t that so, Henrich?
Henrich. It is wonderful to hear his Honor talk Latin; I swear the tears come into my eyes when I think of it. It is like listening to peas boiling in a pot, the words come so quickly from his mouth. The devil himself doesn’t know how a man can manage to talk so fluently. But what won’t long practice do for you?
Second lawyer. Justinian’s words, your Magnificence, are as follows: Whatsoever a river wears off another’s field and casts up on yours, that belongs to you.
Herman. Yes, Justinian is right so far, for he was a fine man. I have much too much respect for him to question his decision.
First lawyer. But, your Honor, my opponent interprets law as the devil does the Bible. He forgets what follows right after: Per alluvionem autem videtur id adjici, quod ita paulatim adjicitur, ut intellegere non possis, quantum quoquo temporis momenta adjiciatur.
Herman. Messieurs! I must go to the City Hall. The clock has just struck half-past four. Henrich! See to it that you adjust this suit in the entry.
First lawyer. Ah, your Honor! Give us your opinion in a word.