CHAPTER V. THE ITINERANT NOTARY.

Master Jean Le Nocher the sturdy ferryman's patience had been severely

tried for a few days back, passing the troops of habitans over the St.

Charles to the city of Quebec. Being on the King's corvée, they claimed

the privilege of all persons in the royal service: they travelled

toll-free, and paid Jean with a nod or a jest in place of the small coin

which that worthy used to exact on ordinary occasions.

This morning had begun auspiciously for Jean's temper however. A King's

officer, on a gray charger, had just crossed the ferry; and without

claiming the exemption from toll which was the right of all wearing the

King's uniform, the officer had paid Jean more than his fee in solid

coin and rode on his way, after a few kind words to the ferryman and a

polite salute to his wife Babet, who stood courtesying at the door of

their cottage.

“A noble gentleman that, and a real one!” exclaimed Jean, to his buxom,

pretty wife, “and as generous as a prince! See what he has given me.”

Jean flipped up a piece of silver admiringly, and then threw it into the

apron of Babet, which she spread out to catch it.

Babet rubbed the silver piece caressingly between her fingers and upon

her cheek. “It is easy to see that handsome officer is from the Castle,”

said Babet, “and not from the Palace--and so nice-looking he is too,

with such a sparkle in his eye and a pleasant smile on his mouth. He is

as good as he looks, or I am no judge of men.”

“And you are an excellent judge of men, I know, Babet,” he replied, “or

you would never have taken me!” Jean chuckled richly over his own

wit, which Babet nodded lively approval to. “Yes, I know a hawk from a

handsaw,” replied Babet, “and a woman who is as wise as that will never

mistake a gentleman, Jean! I have not seen a handsomer officer than that

in seven years!”

“He is a pretty fellow enough, I dare say, Babet; who can he be? He

rides like a field-marshal too, and that gray horse has ginger in his

heels!” remarked Jean, as the officer was riding at a rapid gallop up

the long, white road of Charlebourg. “He is going to Beaumanoir, belike,

to see the Royal Intendant, who has not returned yet from his hunting

party.”

“Whither they went three days ago, to enjoy themselves in the chase and

drink themselves blind in the Château while everybody else is summoned

to the city to work upon the walls!” replied Babet, scornfully. “I'll

be bound that officer has gone to order the gay gallants of the Friponne

back to the city to take their share of work with honest people.”

“Ah! the Friponne! The Friponne!” ejaculated Jean. “The foul fiend fly

away with the Friponne! My ferryboat is laden every day with the curses

of the habitans returning from the Friponne, where they cheat worse than

a Basque pedler, and without a grain of his politeness!”

The Friponne, as it was styled in popular parlance, was the immense

magazine established by the Grand Company of Traders in New France. It

claimed a monopoly in the purchase and sale of all imports and exports

in the Colony. Its privileges were based upon royal ordinances and

decrees of the Intendant, and its rights enforced in the most arbitrary

manner--and to the prejudice of every other mercantile interest in the

Colony. As a natural consequence it was cordially hated, and richly

deserved the maledictions which generally accompanied the mention of

the Friponne--the swindle--a rough and ready epithet which sufficiently

indicated the feeling of the people whom it at once cheated and

oppressed.

“They say, Jean,” continued Babet, her mind running in a very practical

and womanly way upon the price of commodities and good bargains, “they

say, Jean, that the Bourgeois Philibert will not give in like the other

merchants. He sets the Intendant at defiance, and continues to buy

and sell in his own comptoir as he has always done, in spite of the

Friponne.”

“Yes, Babet! that is what they say. But I would rather he stood in his

own shoes than I in them if he is to fight this Intendant--who is a

Tartar, they say.”

“Pshaw, Jean! you have less courage than a woman. All the women are on

the side of the good Bourgeois: he is an honest merchant--sells cheap,

and cheats nobody!” Babet looked down very complacently upon her new

gown, which had been purchased at a great bargain at the magazine of the

Bourgeois. She felt rather the more inclined to take this view of the

question inasmuch as Jean had grumbled, just a little--he would not do

more--at his wife's vanity in buying a gay dress of French fabric,

like a city dame, while all the women of the parish were wearing

homespun,--grogram, or linsey-woolsey,--whether at church or market.

Jean had not the heart to say another word to Babet about the French

gown. In truth, he thought she looked very pretty in it, better than

in grogram or in linsey-woolsey, although at double the cost. He only

winked knowingly at Babet, and went on to speaking of the Bourgeois.

“They say the King has long hands, but this Intendant has claws longer

than Satan. There will be trouble by and by at the Golden Dog--mark

that, Babet! It was only the other day the Intendant was conversing with

the Sieur Cadet as they crossed the ferry. They forgot me, or thought

I did not hear them; but I had my ears open, as I always have. I heard

something said, and I hope no harm, will come to the good Bourgeois,

that is all!”

“I don't know where Christian folk would deal if anything happened him,”

said Babet, reflectively. “We always get civility and good pennyworths

at the Golden Dog. Some of the lying cheats of the Friponne talked in my

hearing one day about his being a Huguenot. But how can that be, Jean,

when he gives the best weight and the longest measure of any merchant in

Quebec? Religion is a just yard wand, that is my belief, Jean!”

Jean rubbed his head with a perplexed air. “I do not know whether he

be a Huguenot, nor what a Huguenot is. The Curé one day said he was a

Jansenist on all fours, which I suppose is the same thing, Babet--and it

does not concern either you or me. But a merchant who is a gentleman

and kind to poor folk, and gives just measure and honest weight, speaks

truth and harms nobody, is Christian enough for me. A bishop could not

trade more honestly; and the word of the Bourgeois is as reliable as a

king's.”

“The Curé may call the Bourgeois what he likes,” replied Babet, “but

there is not another Christian in the city if the good Bourgeois be not

one; and next the Church there is not a house in Quebec better known or

better liked by all the habitans, than the Golden Dog; and such bargains

too, as one gets there!”

“Ay, Babet! a good bargain settles many a knotty point with a woman.”

“And with a man too, if he is wise enough to let his wife do his

marketing, as you do, Jean! But whom have we here?” Babet set her arms

akimbo and gazed.

A number of hardy fellows came down towards the ferry to seek a passage.

“They are honest habitans of St. Anne,” replied Jean. “I know them; they

too are on the King's corvée, and travel free, every man of them! So

I must cry Vive le Roi! and pass them over to the city. It is like a

holiday when one works for nothing!”

Jean stepped nimbly into his boat, followed by the rough country

fellows, who amused themselves by joking at Jean Le Nocher's increasing

trade and the need of putting on an extra boat these stirring times.

Jean put a good face upon it, laughed, and retorted their quips, and

plying his oars, stoutly performed his part in the King's corvée by

safely landing them on the other shore.

Meantime the officer who had lately crossed the ferry rode rapidly up

the long, straight highway that led up on the side of the mountain to

a cluster of white cottages and an old church, surmounted by a belfry

whose sweet bells were ringing melodiously in the fresh air of the

morning.

The sun was pouring a flood of golden light over the landscape. The

still glittering dewdrops hung upon the trees, shrubs, and long points

of grass by the wayside. All were dressed with jewels to greet the

rising king of day.

The wide, open fields of meadow, and corn-fields, ripening for harvest,

stretched far away, unbroken by hedge or fence. Slight ditches or banks

of turf, covered with nests of violets, ferns, and wild flowers of every

hue, separated contiguous fields. No other division seemed necessary in

the mutual good neighborhood that prevailed among the colonists, whose

fashion of agriculture had been brought, with many hardy virtues, from

the old plains of Normandy.

White-walled, red-roofed cottages, or more substantial farmhouses, stood

conspicuously in the green fields, or peered out of embowering orchards.

Their casements were open to catch the balmy air, while in not a few the

sound of clattering hoofs on the hard road drew fair faces to the window

or door, to look inquisitively after the officer wearing the white plume

in his military chapeau, as he dashed by on the gallant gray.

Those who caught sight of him saw a man worth seeing--tall,

deep-chested, and erect. His Norman features, without being perfect,

were handsome and manly. Steel-blue eyes, solidly set under a broad

forehead, looked out searchingly yet kindly, while his well-formed chin

and firm lips gave an air of resolution to his whole look that accorded

perfectly with the brave, loyal character of Colonel Philibert. He wore

the royal uniform. His auburn hair he wore tied with a black ribbon. His

good taste discarded perukes and powder, although very much in fashion

in those days.

It was long since he had travelled on the highway of Charlebourg, and he

thoroughly enjoyed the beauty of the road he traversed. But behind

him, as he knew, lay a magnificent spectacle, the sight of the great

promontory of Quebec, crowned with its glorious fortifications and

replete with the proudest memories of North America. More than once the

young soldier turned his steed, and halted a moment or two to survey

the scene with enthusiastic admiration. It was his native city, and the

thought that it was threatened by the national enemy roused, like an

insult offered to the mother that bore him. He rode onward, more than

ever impatient of delay, and not till he passed a cluster of elm trees

which reminded him of an adventure of his youth, did the sudden heat

pass away, caused by the thought of the threatened invasion.

Under these trees he remembered that he and his school companion, Le

Gardeur de Repentigny, had once taken refuge during a violent storm.

The tree they stood under was shattered by a thunderbolt. They were both

stunned for a few minutes, and knew they had had a narrow escape from

death. Neither of them ever forgot it.

A train of thoughts never long absent from the mind of Philibert started

up vividly at the sight of these trees. His memory flew back to Le

Gardeur and the Manor House of Tilly, and the fair young girl who

captivated his boyish fancy and filled his youth with dreams of glorious

achievements to win her smiles and do her honor. Among a thousand

pictures of her hung up in his mind and secretly worshipped he loved

that which presented her likeness on that day when he saved her

brother's life and she kissed him in a passion of joy and gratitude,

vowing she would pray for him to the end of her life.

The imagination of Pierre Philibert had revelled in the romantic visions

that haunt every boy destined to prominence, visions kindled by the eye

of woman and the hope of love.

The world is ruled by such dreams, dreams of impassioned hearts, and

improvisations of warm lips, not by cold words linked in chains of iron

sequence,--by love, not by logic. The heart with its passions, not the

understanding with its reasoning, sways, in the long run, the actions of

mankind.

Pierre Philibert possessed that rich gift of nature, a creative

imagination, in addition to the solid judgment of a man of

sense, schooled by experience and used to the considerations and

responsibilities of weighty affairs.

His love for Amélie de Repentigny had grown in secret. Its roots

reached down to the very depths of his being. It mingled, consciously or

unconsciously, with all his motives and plans of life, and yet his hopes

were not sanguine. Years of absence, he remembered, work forgetfulness.

New ties and associations might have wiped out the memory of him in the

mind of a young girl fresh to society and its delights. He experienced a

disappointment in not finding her in the city upon his return a few days

ago, and the state of the Colony and the stress of military duty had

so far prevented his renewing his acquaintance with the Manor House of

Tilly.

The old-fashioned hostelry of the Couronne de France, with its

high-pitched roof, pointed gables, and broad gallery, stood directly

opposite the rustic church and tall belfry of Charlebourg, not as a

rival, but as a sort of adjunct to the sacred edifice. The sign of the

crown, bright with gilding, swung from the low, projecting arm of a

maple-tree, thick with shade and rustling with the beautiful leaves

of the emblem of Canada. A few rustic seats under the cool maple were

usually occupied, toward the close of the day, or about the ringing of

the Angelus, by a little gathering of parishioners from the village,

talking over the news of the day, the progress of the war, the

ordinances of the Intendant, or the exactions of the Friponne.

On Sundays, after Mass and Vespers, the habitans of all parts of

the extended parish naturally met and talked over the affairs of the

Fabrique--the value of tithes for the year, the abundance of Easter

eggs, and the weight of the first salmon of the season, which was always

presented to the Curé with the first-fruits of the field, to ensure the

blessing of plenty for the rest of the year.

The Reverend Curé frequently mingled in these discussions. Seated in

his accustomed armchair, under the shade of the maple in summer, and in

winter by the warm fireside, he defended, ex cathedra, the rights of

the Church, and good-humoredly decided all controversies. He found his

parishioners more amenable to good advice over a mug of Norman cider and

a pipe of native tobacco, under the sign of the Crown of France, than

when he lectured them in his best and most learned style from the

pulpit.

This morning, however, all was very quiet round the old inn. The birds

were singing, and the bees humming in the pleasant sunshine. The house

looked clean and tidy, and no one was to be seen except three persons

bending over a table, with their heads close together, deeply absorbed

in whatever business they were engaged in. Two of these persons were

Dame Bédard, the sharp landlady of the Crown of France, and her no less

sharp and pretty daughter, Zoë. The third person of the trio was an old,

alert-looking little man, writing at the table as if for very life.

He wore a tattered black robe, shortened at the knees to facilitate

walking, a frizzled wig, looking as if it had been dressed with a

currycomb, a pair of black breeches, well-patched with various colors;

and gamaches of brown leather, such as the habitans wore, completed his

odd attire, and formed the professional costume of Master Pothier

dit Robin, the travelling notary, one of that not unuseful order of

itinerants of the law which flourished under the old régime in New

France.

Upon the table near him stood a black bottle, an empty trencher, and a

thick scatter of crumbs, showing that the old notary had despatched a

hearty breakfast before commencing his present work of the pen.

A hairy knapsack lay open upon the table near his elbow, disclosing some

bundles of dirty papers tied up with red tape, a tattered volume or two

of the “Coutume de Paris,” and little more than the covers of an odd

tome of Pothier, his great namesake and prime authority in the law. Some

linen, dirty and ragged as his law papers, was crammed into his knapsack

with them. But that was neither here nor there in the estimation of

the habitans, so long as his law smelt strong in the nostrils of

their opponents in litigation. They rather prided themselves upon the

roughness of their travelling notary.

The reputation of Master Pothier dit Robin was, of course, very great

among the habitans, as he travelled from parish to parish and from

seigniory to seigniory, drawing bills and hypothecations, marriage

contracts and last wills and testaments, for the peasantry, who had

a genuine Norman predilection for law and chicanery, and a respect

amounting to veneration for written documents, red tape, and

sealing-wax. Master Pothier's acuteness in picking holes in the actes of

a rival notary was only surpassed by the elaborate intricacy of his own,

which he boasted, not without reason, would puzzle the Parliament of

Paris, and confound the ingenuity of the sharpest advocates of Rouen.

Master Pothier's actes were as full of embryo disputes as a fig is full

of seeds, and usually kept all parties in hot water and litigation

for the rest of their days. If he did happen now and then to settle a

dispute between neighbors, he made ample amends for it by setting half

the rest of the parish by the ears.

Master Pothier's nose, sharp and fiery as if dipped in red ink, almost

touched the sheet of paper on the table before him, as he wrote down

from the dictation of Dame Bédard the articles of a marriage contract

between her pretty daughter, Zoë, and Antoine La Chance, the son of a

comfortable but keen widow of Beauport.

Dame Bédard had shrewdly availed herself of the presence of Master

Pothier, and in payment of a night's lodging at the Crown of France, to

have him write out the contract of marriage in the absence of Dame

La Chance, the mother of Antoine, who would, of course, object to the

insertion of certain conditions in the contract which Dame Bédard was

quite determined upon as the price of Zoë's hand and fortune.

“There! Dame Bédard!” cried Master Pothier, sticking the pen behind his

ear, after a magnificent flourish at the last word, “there is a marriage

contract fit to espouse King Solomon to the Queen of Sheba! A dowry of

a hundred livres tournoises, two cows, and a feather bed, bedstead, and

chest of linen! A donation entre vifs!”

“A what? Master Pothier, now mind! are you sure that is the right word

of the grimoire?” cried Dame Bédard, instinctively perceiving that here

lay the very point of the contract. “You know I only give on condition,

Master Pothier.”

“Oh, yes! trust me, Dame Bédard. I have made it a donation entre vifs,

révocable pour cause d'ingratitude, if your future son-in-law, Antoine

la Chance, should fail in his duty to you and to Zoë.”

“And he won't do his duty to Zoë, unless he does it to me, Master

Pothier. But are you sure it is strong enough? Will it hold Dame La

Chance by the foot, so that she cannot revoke her gifts although I may

revoke mine?”

“Hold Dame La Chance by the foot? It will hold her as fast as a

snapping-turtle does a frog. In proof of it, see what Ricard says, page

970; here is the book.” Master Pothier opened his tattered volume, and

held it up to the dame. She shook her head.

“Thanks, I have mislaid my glasses. Do you read, please!”

“Most cheerfully, good dame! A notary must have eyes for everybody--eyes

like a cat's, to see in the dark, and power to draw them in like a

turtle, so that he may see nothing that he does not want to see.”

“Oh, bless the eyes of the notary!” Dame Bédard grew impatient. “Tell me

what the book says about gifts revocable--that is what concerns me and

Zoë.”

“Well, here it is, dame: 'Donations stipulated revocable at the pleasure

of the donor are null. But this condition does not apply to donations by

contract of marriage.' Bourdon also says--”

“A fig for Bourdon, and all such drones! I want my gift made revocable,

and Dame La Chance's not! I know by long experience with my dear feu

Bédard how necessary it is to hold the reins tight over the men.

Antoine is a good boy, but he will be all the better for a careful

mother-in-law's supervision.”

Master Pothier rubbed the top of his wig with his forefinger.

“Are you sure, dame, that Antoine La Chance will wear the bridle

easily?”

“Assuredly! I should like to see son-in-law of mine who would not!

Besides, Antoine is in the humor just now to refuse nothing for sake of

Zoë. Have you mentioned the children, Master Pothier? I do not intend to

let Dame La Chance control the children any more than Zoë and Antoine.”

“I have made you tutrice perpetuelle, as we say in the court, and here

it is,” said he, placing the tip of his finger on a certain line in the

document.

Zoë looked down and blushed to her finger-ends. She presently rallied,

and said with some spirit,--“Never mind them, Master Pothier! Don't put

them in the contract! Let Antoine have something to say about them. He

would take me without a dower, I know, and time enough to remind him

about children when they come.”

“Take you without dower! Zoë Bédard! you must be mad!” exclaimed the

dame, in great heat. “No girl in New France can marry without a dower,

if it be only a pot and a bedstead! You forget, too, that the dower is

given, not so much for you, as to keep up the credit of the family. As

well be married without a ring! Without a dower, indeed!”

“Or without a contract written by a notary, signed, sealed, and

delivered!” chimed in Master Pothier.

“Yes, Master Pothier, and I have promised Zoë a three-days wedding,

which will make her the envy of all the parish of Charlebourg. The

seigneur has consented to give her away in place of her poor defunct

father; and when he does that he is sure to stand godfather for all the

children, with a present for every one of them! I shall invite you too,

Master Pothier!”

Zoë affected not to hear her mother's remark, although she knew it all

by heart, for it had been dinned into her ears twenty times a day for

weeks, and sooth to say, she liked to hear it, and fully appreciated the

honors to come from the patronage of the seigneur.

Master Pothier pricked up his ears till they fairly raised his wig, at

the prospect of a three days wedding at the Crown of France. He began

an elaborate reply, when a horse's tramp broke in upon them and Colonel

Philibert wheeled up to the door of the hostelry.

Master Pothier, seeing an officer in the King's uniform, rose on the

instant and saluted him with a profound bow, while Dame Bédard and Zoë,

standing side by side, dropped their lowest courtesy to the handsome

gentleman, as, with woman's glance, they saw in a moment he was.

Philibert returned their salute courteously, as he halted his horse in

front of Dame Bédard. “Madame!” said he, “I thought I knew all roads

about Charlebourg, but I have either forgotten or they have changed the

road through the forest to Beaumanoir. It is surely altered from what it

was.”

“Your Honor is right,” answered Dame Bédard, “the Intendant has opened

a new road through the forest.” Zoë took the opportunity, while the

officer looked at her mother, to examine his features, dress, and

equipments, from head to foot, and thought him the handsomest officer

she had ever seen.

“I thought it must be so,” replied Philibert; “you are the landlady of

the Crown of France, I presume?” Dame Bédard carried it on her face as

plainly marked as the royal emblem on the sign over her head.

“Yes, your Honor, I am Widow Bédard, at your service, and, I hope, keep

as good a hostelry as your Honor will find in the Colony. Will your

Honor alight and take a cup of wine, such as I keep for guests of

quality?”

“Thanks, Madame Bédard, I am in haste: I must find the way to

Beaumanoir. Can you not furnish me a guide, for I like not to lose time

by missing my way?”

“A guide, sir! The men are all in the city on the King's corvée; Zoë

could show you the way easily enough.” Zoë twitched her mother's

arm nervously, as a hint not to say too much. She felt flattered and

fluttered too, at the thought of guiding the strange, handsome gentleman

through the forest, and already the question shot through her fancy,

“What might come of it? Such things have happened in stories!” Poor Zoë!

she was for a few seconds unfaithful to the memory of Antoine La Chance.

But Dame Bédard settled all surmises by turning to Master Pothier, who

stood stiff and upright as became a limb of the law. “Here is

Master Pothier, your Honor, who knows every highway and byway in ten

seigniories. He will guide your Honor to Beaumanoir.”

“As easy as take a fee or enter a process, your Honor,” remarked Master

Pothier, whose odd figure had several times drawn the criticizing eye of

Colonel Philibert.

“A fee! ah! you belong to the law, then, my good friend? I have known

many advocates--” but Philibert stopped; he was too good-natured to

finish his sentence.

“You never saw one like me, your Honor was going to say? True, you never

did. I am Master Pothier dit Robin, the poor travelling notary, at your

Honor's service, ready to draw you a bond, frame an acte of convention

matrimoniale, or write your last will and testament, with any notary in

New France. I can, moreover, guide your Honor to Beaumanoir as easy as

drink your health in a cup of Cognac.”

Philibert could not but smile at the travelling notary, and thinking to

himself, “too much Cognac at the end of that nose of yours, my friend!”

which, indeed, looked fiery as Bardolph's, with hardly a spot for a fly

to rest his foot upon without burning.

“But how will you go, friend?” asked Philibert, looking down at Master

Pothier's gamaches; “you don't look like a fast walker.”

“Oh, your Honor,” interrupted Dame Bédard, impatiently, for Zoë had

been twitching her hard to let her go. “Master Pothier can ride the old

sorrel nag that stands in the stable eating his head off for want of

hire. Of course your Honor will pay livery?”

“Why, certainly, Madame, and glad to do so! So Master Pothier make

haste, get the sorrel nag, and let us be off.”

“I will be back in the snap of a pen, or in the time Dame Bédard can

draw that cup of Cognac, your Honor.”

“Master Pothier is quite a personage, I see,” remarked Philibert, as the

old notary shuffled off to saddle the nag.

“Oh, quite, your Honor. He is the sharpest notary, they say, that

travels the road. When he gets people into law they never can get

out. He is so clever, everybody says! Why, he assures me that even the

Intendant consults him sometimes as they sit eating and drinking half

the night together in the buttery at the Château!”

“Really! I must be careful what I say,” replied Philibert, laughing, “or

I shall get into hot water! But here he comes.”

As he spoke, Master Pothier came up, mounted on a raw-boned nag, lank as

the remains of a twenty-years lawsuit. Zoë, at a hint from the Colonel,

handed him a cup of Cognac, which he quaffed without breathing, smacking

his lips emphatically after it. He called out to the landlady,--“Take

care of my knapsack, dame! You had better burn the house than lose my

papers! Adieu, Zoë! study over the marriage contract till I return, and

I shall be sure of a good dinner from your pretty hands.”

They set off at a round trot. Colonel Philibert, impatient to reach

Beaumanoir, spurred on for a while, hardly noticing the absurd figure

of his guide, whose legs stuck out like a pair of compasses beneath his

tattered gown, his shaking head threatening dislodgment to hat and wig,

while his elbows churned at every jolt, making play with the shuffling

gait of his spavined and wall-eyed nag.

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