Canada -- History -- To 1763 (New France) -- Fiction; Historical fiction
Philibert laughed at the classical reminiscences of his guide; but,
fearing that Pothier might fall off his horse, which he straddled like
a hay-fork, he stopped to allow the worthy notary to recover his breath
and temper.
“I hope the world appreciates your learning and talent, and that it uses
you more gently than that horse of yours,” remarked he.
“Oh, your Honor! it is kind of you to rein up by the way. I find no
fault with the world if it find none with me. My philosophy is this,
that the world is as men make it.”
“As the old saying is,--
“'To lend, or to spend, or to give in,
'Tis a very good world that we live in;
But to borrow, or beg, or get a man's own,
'Tis the very worst world that ever was known.'
And you consider yourself in the latter category, Master Pothier?”
Philibert spoke doubtingly, for a more self-complacent face than his
companion's he never saw--every wrinkle trembled with mirth; eyes,
cheeks, chin, and brows surrounded that jolly red nose of his like a
group of gay boys round a bonfire.
“Oh, I am content, your Honor! We notaries are privileged to wear furred
cloaks in the Palais de Justice, and black robes in the country when we
can get them! Look here at my robe of dignity!” He held up the tattered
tail of his gown with a ludicrous air. “The profession of notary is
meat, drink, and lodging: every man's house is free to me--his bed and
board I share, and there is neither wedding, christening, nor funeral,
in ten parishes that can go on without me. Governors and intendants
flourish and fall, but Jean Pothier dit Robin, the itinerant notary,
lives merrily: men may do without bread, but they will not live without
law--at least, in this noble, litigious New France of ours.”
“Your profession seems quite indispensable, then!” remarked Philibert.
“Indispensable! I should think so! Without proper actes the world would
soon come to an end, as did Adam's happiness in Eden, for want of a
notary.”
“A notary, Master Pothier?”
“Yes, your Honor. It is clear that Adam lost his first estate de usis et
fructibus in the Garden of Eden, simply because there was no notary to
draw up for him an indefeasable lease. Why, he had not even a bail à
chaptal (a chattel mortgage) over the beasts he had himself named!”
“Ah!” replied Philibert, smiling, “I thought Adam lost his estate
through a cunning notary who persuaded his wife to break the lease he
held; and poor Adam lost possession because he could not find a second
notary to defend his title.”
“Hum! that might be; but judgment went by default, as I have read.
It would be different now; there are notaries, in New France and Old,
capable of beating Lucifer himself in a process for either soul, body,
or estate! But, thank fortune, we are out of this thick forest now.”
Public-domain text, read in full here on John Shaqi.
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