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Legal Analysis
and Writing
Third Edition
Legal Analysis
and Writing
Third Edition

William H. Putman

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Legal Analysis and Writing, © 1998, 2003, 2009 Delmar, Cengage Learning
Third Edition
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William H. Putman
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this book should be relied upon for any service to any client. The reader
should always refer to standard legal sources for the current rule or law.
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Brief Contents
Preface

PART I I NTRODUCTION TO A NALYTICAL

P RINCIPLES A ND THE L EGAL P ROCESS 1
CHAPTER 1 Introduction to Legal Principles and Authorities 3
CHAPTER 2 Introduction to Legal Analysis 29

PART II THE S PECIFICS O F L EGAL A NALYSIS 51

CHAPTER 3 Statutory Analysis 53
CHAPTER 4 Case Law and Case Briefing 81
CHAPTER 5 Key Facts 108
CHAPTER 6 Issue Identification 130
CHAPTER 7 Stating the Issue 157
CHAPTER 8 Case Law Application: Is a Case on Point 180
CHAPTER 9 Counteranalysis 202

PART III L EGAL WRITING 225

CHAPTER 10 The Writing Process for Effective Legal Writing 227
CHAPTER 11 Fundamentals of Writing 253
CHAPTER 12 Office Legal Memorandum Assignment: Issues
and Facts 293
CHAPTER 13 Office Legal Memorandum: Analysis to Conclusion 318
CHAPTER 14 External Memoranda—Court Briefs 352
CHAPTER 15 Correspondence 384

APPENDIX A Court Opinions Referred to in the Text 407

APPENDIX B Appellate Court Brief 460
APPENDIX C Overview of Legal Citation 487

Glossary 508
Index 514

v
This page intentionally left blank
Contents
Preface

Preface xiii
Chapter Features / xiv Acknowledgments / xvi
New Features—Third Edition / xv About the Author / xvii
Support Material / xv

PART I I NTRODUCTION TO A NALYTICAL

P RINCIPALS AND THE L EGAL P ROCESS 1
CHAPTER 1 Introduction to Legal Principles and Authorities 3
I. Introduction / 4 V. Key Points Checklist: Analyzing the
II. Sources of Law / 4 Law / 22
A. Enacted Law / 5 VI. Application / 23
B. Common Law/Case Law / 7 A. Chapter Hypothetical / 23
III. Hierarchy of the Law / 14 Quick References / 25
IV. Authority / 15 Summary / 25
A. Types of Authority / 15 Internet Resources / 26
B. Role of Authority / 17 Exercises / 26

CHAPTER 2 Introduction to Legal Analysis 29

I. Introduction / 30 Analysis / 42
II. Legal Analysis Defined / 31 VI. Application / 42
III. Legal Analysis Process / 31 A. Battery Issue / 43
A. Facts / 31 B. Intentional Infliction of Emotional
B. Preliminary Research / 33 Distress Issue / 45
C. IRAC Analysis / 33 Quick References / 47
IV. General Considerations / 40 Summary / 47
A. Focus / 40 Internet Resources / 48
B.Ethics Intellectual Honesty / 41 Exercises / 49
V. Key Points Checklist: Conducting

PART II THE S PECIFICS OF L EGAL A NALYSIS 51

CHAPTER 3 Statutory Analysis 53
I. Introduction / 54 F. Substantive Provisions / 60
II. Anatomy of a Statute / 54 G. Other Provisions / 60
A. Number / 55 H. Reference Information / 61
B. Short Title / 55 III. Statutory Analysis: The Process / 61
C. Purpose Clause / 60 A. Step 1: Determine If the Statute
D. Scope / 60 Applies / 62
E. Definitions / 60 B. Step 2: Analyze the Statute / 64

vii
viii Contents

C. Step 3: Apply the Statute to the VI. Application / 72

Legal Problem or Issue / 67 A. Chapter Hypothetical / 73
D. Summary of the Statutory Analysis B. Will Revocation Statute / 75
Process / 69 Quick References / 77
IV. General Considerations / 69 Summary / 77
A. Legislative History / 70 Internet Resources / 78
B. Canons of Construction / 70 Exercises / 78
V. Key Points Checklist: Working with
Statutes / 72

CHAPTER 4 Case Law and Case Briefing 81

I. Introduction / 82 E. Case Brief: Updating / 99
II. Court Opinions: In General / 82 VII. Key Points Checklist: Reading and
III. Court Opinions: Importance / 83 Briefing Court Opinions / 100
IV. Court Opinions: Sources / 84 VIII. Application / 100
V. Court Opinions: Elements / 85 A. Brief of Rael v. Cadena / 101
A. In General / 85 B. Brief of Sterling Computer Systems of
B. Elements of a Reported Case / 85 Texas, Inc. v. Texas Pipe Bending
VI. Court Opinion: Briefing (Case Company / 102
Brief) / 92 Quick References / 105
A. Introduction / 92 Summary / 105
B. Importance of Briefing / 92 Internet Resources / 106
C. How to Read a Case / 93 Exercises / 107
D. Case Brief: Elements / 94

CHAPTER 5 Key Facts 108

I. Introduction / 109 D. Step 4: Determine Which Facts
II. Facts in General: Definition / 111 Apply / 118
III. Importance of Facts / 111 E. Multiple Issues / 119
IV. Types of Facts in General / 112 VII. Key Facts Identification: Case
A. Irrelevant Facts / 112 Law / 120
B. Background Facts / 113 A. Step: 1 Read the Entire Case / 121
C. Key Facts / 114 B. Step 2: Look to the Holding / 121
V. Key Facts: Definition and Types / 114 C. Step 3: Identify the Key Facts / 121
A. Definition / 114 D. Multiple Issues / 123
B. Types of Key Facts / 115 VIII. Key Points Checklist: Identifying Key
VI. Key Facts Identification: Client’s Facts / 123
Case / 116 IX. Application / 123
A. Step 1: Identify Each Cause of A. Client’s Fact Situation / 123
Action / 117 B. Court Opinion / 125
B. Step 2 : Determine the Quick References / 127
Elements / 117 Summary / 127
C. Step 3: List All Facts Related to the Internet Resources / 128
Elements / 117 Exercises / 128
 Contents ix

CHAPTER 6 Issue Identification 130

I. Introduction / 131 V. Issue Identification: Case Law / 139
II. Definition and Types / 132 A. Step 1: General Question / 140
III. Elements / 133 B. Step 2: Look to the Holding / 141
A. Applicable Law / 133 C. Step 3: Assemble the Issue / 143
B. Legal Question / 133 D. Other Aides: Case Law Issue
C. Key Facts / 133 Identification / 143
D. Examples / 134 E. Multiple Issues / 143
IV. Issue Identification: Client’s Case / 135 VI. Key Points Checklist: Identifying the
A. Step 1: Identify Each Type of Cause Issue / 144
of Action / 136 VII. Application / 145
B. Step 2: Determine the Elements of A. Client’s Fact Situation / 145
Each Cause of Action / 136 B. Court Opinion / 146
C. Step 3: Determine the Key Quick References / 151
Facts / 137 Summary / 151
D. Step 4: Assemble the Issue / 138 Internet Resources / 152
E. Multiple Issues / 138 Exercises / 152

CHAPTER 7 Stating the Issue 157

I. Introduction / 158 VIII. General Considerations / 172
II. Shorthand/Broad Statement of the A. Name / 173
Issue / 158 B. Approach / 173
III. Comprehensive/Narrow Statement of C. Multiple Issues / 173
the Issue / 160 IX. Key Points Checklist: Drafting an
IV. Issue: Law Component / 163 Issue / 173
A. Issue Based on Case Law / 163 X. Application / 174
B. Issue Based on Enacted Law / 164 A. Chapter Hypothetical / 174
V. Issue: Question Component / 168 B. False Imprisonment / 175
VI. Issue: Significant/Key Facts Quick References / 176
Component / 169 Summary / 177
VII. Ethics: Objectively Stating the Internet Resources / 177
Issue / 171 Exercises / 177

CHAPTER 8 Case Law Application: Is a Case on Point 180

I. Introduction / 181 B. Step 2: Are the Rules/Principles of
II. Definition: On Point / 182 Law Sufficiently Similar? / 190
III. On Point: Importance / 182 V. Key Points Checklist: Determining
A. Precedent / 182 Whether a Case Is On Point / 195
B. Mandatory Precedent / 183 VI. Application / 195
C. Persuasive Precedent / 183 A. Chapter Hypothetical / 195
D. Stare Decisis / 183 B. Libel Case / 196
IV. Determining Whether a Case Is On Quick References / 198
Point / 184 Summary / 198
A. Step 1: Are the Key Facts Suffi- Internet Resources / 198
ciently Similar? / 185 Exercises / 199
x Contents

CHAPTER 9 Counteranalysis 202

I. Introduction / 203 Memorandum / 217
II. Counteranalysis: Definition / 203 VIII. Key Points Checklist: Conducting
III. Counteranalysis: Why? / 204 Counteranalysis / 218
IV. Counteranalysis: When? / 205 IX. Application / 218
V. Counteranalysis: Techniques / 205 A. Chapter Hypothetical / 219
A. In General / 205 B. Counteranalysis: Reliance on
B. Enacted Law / 206 Legislative Act / 219
C. Case Law / 211 C. Counteranalysis: Reliance on Case
VI. Counteranalysis Techniques: Law / 220
Comments / 216 Quick References / 221
VII. Counteranalysis: Where? / 216 Summary / 221
A. Court Brief / 216 Internet Resources / 221
B. Interoffice Research Exercises / 222

PART III L EGAL WRITING 225

CHAPTER 10 The Writing Process for Effective Legal Writing 227
I. Introduction / 228 VII. Application / 246
II. Importance of Writing Skills / 229 A. Prewriting Stage / 246
III. Goal of Legal Writing / 229 B. Writing Stage / 248
IV. Legal Writing Process / 229 C. Postwriting Stage / 249
A. Prewriting Stage / 230 Quick References / 249
B. Writing Stage / 242 Summary / 249
C. Postwriting Stage / 243 Internet Resources / 250
V. General Research Suggestions / 244 Exercises / 251
VI. Key Points Checklist: The Writing
Process / 245

CHAPTER 11 Fundamentals of Writing 253

I. Sentences / 254 B. Verb Tense / 268
A. Sentence—Structure/Pattern / 254 C. Parallel Construction / 269
B. Sentence—Basic Rules / 254 D. Superfluous Verbs / 270
II. Paragraphs / 258 E. Modifier and Infinitives / 270
A. Paragraph—Topic Sentence / 258 F. Noun/Pronoun Agreement / 272
B. Paragraph—Body / 259 V. Punctuation / 274
C. Paragraph—Closing Sentence / 259 A. Comma (,) / 274
D. Paragraph—Transition B. Semicolon (;) / 276
Sentence / 259 C. Colon (:) / 277
E. Paragraph Length / 260 D. Apostrophe (‘) / 279
III. Word Selection and Usage / 260 E. Quotation Marks (“”) / 279
A. Excessive/Redundant Words / 260 F. Ellipses (. . .) / 281
B. Noun/Verb Strings / 261 G. Brackets ([ ]) / 282
C. Nominalizations / 261 H. Parentheses “( )” / 282
D. Legalese / 262 I. Hyphen (-) / 283
E. Archaic Words / 262 J. Dash (—) / 283
F. Sexist Language / 262 K. Slash (/) / 283
G. Specific Words—Problem VI. General Considerations / 284
Areas / 264 A. Spelling / 284
IV. Grammar / 266 B. Numbers / 284
A. Subject/Verb Agreement / 266 C. Formal Writing Conventions / 286
 Contents xi

VII. Key Points Checklist: Successful Legal Quick References / 288

Writing / 287 Summary / 289
VIII. Application / 287 Internet Resources / 289
A. Check Sheet / 287 Exercises / 290

CHAPTER 12 Office Legal Memorandum Assignment: Issues

and Facts 293
I. Introduction / 294 B. Statement of Assignment / 302
II. Definition / 295 C. Issue / 303
III. Purposes, Uses, and Importance / 295 D. Brief Answer / 305
IV. Prewriting Stage / 297 E. Statement of Facts / 307
A. Nature of the Assignment / 297 VI. Key Points Checklist: Preparing an
B. Constraints on the Interoffice Memorandum / 311
Assignment / 298 VII. Application / 312
C. Organization of the Quick References / 316
Assignment / 299 Summary / 316
V. Sections of the Office Internet Resources / 317
Memorandum / 301 Exercises / 317
A. Heading / 301

CHAPTER 13 Office Legal Memorandum: Analysis to Conclusion 318

I. Introduction / 319 D. Paragraphs / 332
II. Analysis Section / 319 E. Persuasive Precedent / 333
A. Analysis: Format / 320 F. Conclusions / 333
B. Analysis: Part A: Rule of Law / 322 G. Revisions/Redrafts / 334
C. Analysis: Part B: Rule of Law Inter- H. Additional Authority / 334
pretation: Case Law / 323 VI. Key Points Checklist: The Inter-
D. Analysis: Part C: Application of Rule office Memorandum: Analysis to
of Law to Client’s Case / 327 Conclusion / 334
E. Analysis: Part D: VII. Application / 335
Counteranalysis / 328 A. Example 1 / 335
III. Conclusion / 329 B. Example 2 / 336
IV. Recommendations / 330 C. Comments on Examples / 340
V. General Considerations / 331 Quick References / 340
A. Heading / 331 Summary / 340
B. Introductory Sentences / 332 Internet Resources / 341
C. Transition Sentences / 332 Exercises / 341

CHAPTER 14 External Memoranda—Court Briefs 352

I. Introduction / 353 A. Audience / 370
II. General Considerations / 353 B. Constraints / 370
A. Similarities: Court Briefs and Office C. Format/Content / 370
Memoranda / 353 V. Key Points Checklist: Preparing a Court
B. Dissimilarities: Court Briefs and Of- Brief / 373
fice Memoranda / 354 VI. Application / 374
III. Trial Court Briefs / 363 Quick References / 377
A. Audience / 364 Summary / 378
B. Constraints / 364 Internet Resources / 379
C. Format/Content / 364 Exercises / 379
IV. Appellate Court Briefs / 369
xii Contents

CHAPTER 15 Correspondence 384

I. Introduction / 384 III. Types of Correspondence / 390
II. Basic Components / 385 A. Information Letter / 391
A. Letterhead / 385 B. Opinion Letter / 393
B. Date / 386 C. Demand/Advocacy Letter / 396
C. Method of Delivery / 386 IV. Key Points Checklist: Preparing Legal
D. Recipient’s Address Block / 386 Correspondence / 399
E. Reference (Re:) Line / 387 V. Application / 399
F. Salutation / 387 A. Example: Information Letter / 399
G. Body / 387 B. Example: Opinion Letter / 401
H. Closing / 388 C. Comments on Examples / 402
I. Signature and Title / 389 Quick References / 403
J. Initials of Drafter / 389 Summary / 403
K. Enclosure Notation / 389 Internet Resources / 404
L. Others Receiving Copies / 389 Exercises / 404
M. Format Style / 389
N. General Considerations: All
Correspondence / 390

APPENDIX A: Court Opinions Referred To In The Text 407

APPENDIX B: Appellate Court Brief 460
APPENDIX C: Overview Of Legal Citation 487

Glossary 508
Index 514
Preface

Paralegals are increasingly called upon to perform substantive legal analysis and legal writing
tasks.These tasks range from drafting interoffice legal memoranda that summarize the research
and analysis of issues involved in a client’s case to preparing drafts of appellate court briefs. The
goal of this text is to provide the student with in-depth knowledge of the fundamentals of legal
analysis and legal writing. The hope is that the student will be better prepared to meet the chal-
lenges presented by substantive legal analysis and writing assignments.
The impetus for this book came from student requests for comprehensive information re-
garding many of the difficult areas of legal analysis and writing, such as the following:
■ How to identify the issue
■ How to state the issue
■ How to determine if a case is on point
■ How to identify the key facts in a case
■ How to conduct counteranalysis
■ How to prepare an interoffice memorandum and court brief
The text is designed to cover the topics of legal analysis and writing in general. It is organized
in a manner to provide students with comprehensive information regarding the difficult areas of
analysis and writing.
The text is divided into the following three parts.
Part I: Introduction to Analytical Principles and the Legal Process. Part I is composed of two
introductory chapters. The first chapter presents an overview of the legal system and the legal
process, and a summary of the basic legal principles involved in the process, such as authority,
precedent, stare decisis, and so on. The second chapter introduces legal analysis and the IRAC
analytical process.
Part II: The Specifics of Legal Analysis. Part II consists of seven chapters that provide thorough
coverage of the elements and tools used in the analysis and writing process. These chapters cover
the difficult areas of legal analysis and writing that are not covered extensively in most texts.
■ Statutory analysis
■ Case law and case law briefing
■ Key facts
■ Issue identification
■ Stating the issue
■ Case law application (whether a case is “on point”)
■ Counteranalysis
Part III: Legal Writing. The focus of Part III is on the application of the principles presented in
the previous chapters to the drafting of legal research memoranda, court briefs, and legal corre-
spondence. This part consists of chapters on the following topics:
■ The legal writing process in general
■ Fundamentals of writing
■ Office legal memoranda (two chapters)
■ Court briefs
■ Correspondence

xiii
xiv Preface

CHAPTER FEATURES
Each chapter is designed to help students completely understand and apply the concepts pre-
sented in the chapter. Chapters include the following features.

Hypothetical. Each chapter begins with a hypothetical that raises a question or questions involv-
ing the subject matter of the chapter. The hypothetical is followed by a presentation of the princi-
ples, concepts, guidelines, and information concerning the subject matter. After the discussion of
the subject matter, the principles and information discussed in the chapter are applied to answer
the question or questions raised in the hypothetical.
The use of the hypothetical at the beginning of the chapter creates student interest in the
subject matter of the chapter. The answer to the hypothetical toward the end of the chapter al-
lows the student to see how the subject matter ties together and is applied.

Key Points. Each chapter has a list of key points that may be used as a quick reference and a
checklist when applying the concepts presented in the chapter. This checklist allows both the
instructor and the student to make sure nothing is missed when reviewing or applying the prin-
ciples presented in the chapter.

In-depth Coverage of Topics. The greatest advantage of this text for both teachers and students is
the comprehensive and in-depth coverage of topics that are not thoroughly covered in most texts.
These topics include the following:

■ Issue stating
■ Issue identification (issue spotting)
■ Case law analysis (whether a case is “on point”)
■ Counteranalysis
■ Statutory analysis
■ Office legal memoranda preparation

Examples. A major advantage of the text is that every principle, concept, and so on is followed by
an example that illustrates it. One of my students requested that there be “plenty of examples.”
This text has plenty of examples. These examples help the instructor teach principles and con-
cepts and help the student understand them.

Assignments. There are assignments of various levels of difficulty at the end of each chapter. The
assignments require students to apply the principles and techniques presented in the text. For
example, among other assignments, there are eight case brief assignments in Chapter 4 (the cases
are presented in Appendix A) and ten office legal memoranda assignments in Chapter 13 (based
on the facts and law presented in the assignment and the court opinions in Appendix A). The an-
swers to all the assignments are presented in the Instructors Manual.

Appendices. The text has three appendices and a glossary of terms. Appendix A consists of court
opinions that are necessary for the chapter assignments. Appendix B presents the brief of the ap-
pellee in a case filed in the Tenth Circuit Court of Appeals. The legal research, legal analysis, and
initial drafts of this brief were performed by a paralegal who works in the Criminal Division of
the United States Attorney’s office for the District of New Mexico. Appendix C is a brief overview
of the basic rules of legal citation. The overview uses the rules set forth in The Bluebook: A Uniform
System of Citation (17th Edition, 2000) and the ALWD Citation Manual.

Readability. The text is written in a manner that a layperson can understand. Legalese is avoided,
concepts are illustrated with examples, and the subject matter is presented simply and clearly.
 Preface xv

PREFACE
NEW FEATURES—THIRD EDITION
The first two editions included repeated references to other chapters and definitions of key terms
and concepts throughout the text. One of my goals in doing this was to save students from having
to refer to other chapters for the definitions of concepts and terms used in other chapters. From
the feedback I have received, it is apparent that these repeated references served more to interrupt
the flow of the text rather than help the student. Most of these references have been removed
from the third edition. In addition, I have added new material and condensed other sections.
A major addition to the third edition is the inclusion of a CD-ROM with each text. The CD-
ROM provides additional assignments, a chapter outline, and study questions for each chapter.

SUPPORT MATERIAL
The text is accompanied by the following support material, which is designed to assist students in
learning and instructors in teaching.

Student CD-ROM. The new accompanying CD-ROM provides additional material to

help students master the important concepts in the course. The CD-ROM includes ad-
ditional assignments, chapter outlines, and study questions for each chapter.

Instructor’s eResource CD-ROM. The new eResource com-

ponent provides instructors with all the tools they need in
one convenient CD-ROM. Instructors will find that this
resource provides them with a turnkey solution to help
them teach by making available PowerPoint® slides for
each chapter and an electronic version of the Instructor’s
Manual. Each chapter of the Instructor’s Manual has several exercises ranging in difficulty. The
Instructor’s Manual provides complete answers to each exercise, general guides for the instructors,
and suggested additional assignments. Among other things, the manual includes eight examples of
briefs of court opinions, nine examples of office legal research memoranda, and two examples of
appellate briefs.
All of these instructor materials are also posted on our website, in the Online
Resources section.

Online Companion™. The Online Companion to accompany this text contains ad-
ditional chapter assignments, chapter summaries, and weblinks.

Web page. Come visit our website at www.paralegal.delmar.cengage.com where you will find
valuable information such as hot liks and sample materials to download, as well as other Delmar
Cengage Learning products.
xvi Preface

ACKNOWLEDGMENTS
I am grateful to acknowledge and express my deep appreciation to a number of individuals who
gave of their time and effort to assist in the development of this book. Without their expertise,
suggestions, and support, this text would not have been remotely possible. I am particularly in-
debted to the following individuals:
Pamela A. Lambert, JD, who reviewed the text for intellectual and legal content and consis-
tency. Her legal expertise, analytical skills, and input were invaluable. Pam’s encouragement and
positive attitude helped me through the rough spots.
Judith A. Putman, who reviewed this text for grammar and general compliance with the rules
of English. Her efforts enhanced the quality of the writing. Her support helped keep me going.
Kate Arsenault, who reviewed the text for general readability. Kate’s patient support and
encouragement helped ensure the text would be completed.
Jana Sorroche, my niece, who kept my computer in line and alive. Her computer expertise
saved me many times when I thought the computer had eaten portions of the text.
Sheila McGlothlin, paralegal, who came up with the idea to write this book. Sheila’s initial
push, support, and comments on the text were essential.
Leigh Anne Chavez, JD, for assistance with several hypotheticals and ideas in general.
Robert T. Reeback, JD, for the ski resort hypothetical.
Dai Nguyen, JD, for her encouragement and assistance with hypotheticals.
Mary Kubicheck, JD, for her assistance with the chapter assignments.
Kathy Campbell, paralegal, for her assistance with office memos.
Shelley Esposito, Melissa Riveglia, Melissa Zaza, and all the individuals at Delmar who
helped with the development of this text. Their encouragement, suggestions, patience, and sup-
port were essential to completion of the third edition.
Finally, I would like to thank the reviewers who provided very valuable comments and sug-
gestions for the text:

Regina Dowling Donna Palmer

Bradford Hall Career Institute Stautzenberger College
Windsor, CT Toledo, OH

Brian J. Halsey Judith Streich

Peirce College Minnesota State Universiy—Moorhead
Philadelphia, PA Moorhead, MI

Janice Kazmier Debbie Vinecour

Tulane University SUNY Rockland Community College
Jefferson, LA Suffern, NY

Deborah Keene
Lansing Community College
Lansing, MI
 Preface xvii

ABOUT THE AUTHOR

William Putman received his Juris Doctor degree from the University of New Mexico School of
Law and has been a member of the New Mexico Bar since 1975. For 10 years, he was an instructor
in the Legal Assistant Studies Program at Central New Mexico Community College in Albuquer-
que, New Mexico, and the Paralegal Studies Program at Santa Fe Community College, in Santa
Fe, New Mexico.
He is the author of the Pocket Guide to Legal Writing, the Pocket Guide to Legal Research and
the textbooks Legal Research, Analysis, and Writing and Legal Research. He also authored the legal
writing column in Legal Assistant Today for two years, James Publishing Co., and published several
articles on legal analysis and writing in the magazine.
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 Preface xix

DEDICATION
This book is dedicated to P.Y., whose love, inspiration, and guidance made this text possible.
Thank you.
This page intentionally left blank
PA R T I

Introduction to
Analytical Principles
and the Legal Process

Overview
Part I consists of two introductory chapters designed to review the information
fundamental to legal analysis and writing that is usually covered in introductory
paralegal courses. Chapter 1 is an overview of the legal system and the legal
process, including a summary of basic legal principles involved in the process.
Chapter 2 introduces legal analysis and the analytical process.
This page intentionally left blank
CHAPTER 1

Introduction to Legal Principles

and Authorities

Outline
I. Introduction IV. Authority
II. Sources of Law V. Key Points Checklist: Analyzing the Law
III. Hierarchy of the Law VI. Application

Learning Objectives
After completing this chapter, you should • The hierarchy of the various sources of law
understand • The types of legal authority
• The main sources and types of law • When and how legal authority apply
• The basic structure of the state and federal
court systems

Renee works in a clerical position at the his invitations. The last time he asked her out was
Addison law firm. Last fall she entered the about one year ago. After she refused, he told her,
paralegal program offered by the local community “I’ll get even with you.” Nine months ago, Tom was
college. She is an excellent employee. The firm, in promoted to the position of department supervisor.
support of her continued education, pays her tuition After his promotion, he did not ask Ms. Stone out
and allows her to leave work early so that she can again. On her evaluation three months ago, he rated
attend a late-afternoon class. The firm recently her job performance as “poor” and stated that she
reassigned her to work in the paralegal division and was uncooperative and abrasive. He recommended
directed that she be assigned some substantive that she be demoted or fired. Ms. Stone feels that
legal research and analysis tasks. she has been discriminated against and she wants
Two weeks ago Renee started working on a gen- the “poor” evaluation removed from her file.
der discrimination case. In the case, the client, Mary Renee’s assignment is to locate the pertinent
Stone, worked for a company for eleven years. She state and federal law governing gender discrimina-
always received excellent job performance evalua- tion and any other relevant information on the subject
tions. Her coworker, Tom, asked her on several occa- and prepare a memo summarizing her research and
sions to go out with him. Ms. Stone always refused how it applies to the case. Renee located a federal

3
4 PART I Introduction to Analytical Principles and the Legal Process

and a state statute prohibiting discrimination in em- herself, “Which court should the claim be filed in,
ployment on the basis of gender, a federal and a state federal or state? If a complaint is filed in state court,
court case with facts similar to those in Ms. Stone’s which of these statutes and cases must the state
case, and two law review articles discussing the type court follow? Why?” This chapter presents general
of gender discrimination encountered by Ms. Stone. guidelines that assist you in determining when and
When analyzing the law and preparing her how legal authorities apply; the Application section
memo, Renee realizes that she must determine which of the chapter presents the application of the guide-
elements of her research apply, and how. She asks lines to Renee’s questions.

I. INTRODUCTION
As attorneys become more aware of the capabilities of paralegals, an increasing num-
ber of paralegals are being assigned substantive legal analysis and writing tasks. This
text is designed for the student who has completed introductory paralegal courses and
who is familiar with the basics of legal research. The goal of the text is to provide com-
prehensive coverage of the legal analysis and writing process. Emphasis is placed on
in-depth coverage of many of the difficult areas of legal analysis and writing such as
■ issue and key fact identification.
■ issue stating (how to write the issue).
■ statutory and case law analysis.
■ counteranalysis.
Before we consider these areas in subsequent chapters of the text, it is necessary
to have a general understanding of the law and the legal system and some of the ba-
sic doctrines and principles that apply to legal analysis. This is essential because legal
analysis involves a determination of how the law applies to a client’s facts, which in
turn requires a knowledge of what the law is and the general principles that govern
its application. This chapter presents an overview of the legal system and fundamen-
tal principles that guide its operation. The definitions, concepts, doctrines, and prin-
ciples addressed are referred to and applied in the subsequent chapters of the text. A
familiarity with them is essential when studying those chapters.
There are various definitions of the term law, depending on the philosophy
law and point of view of the individual defining it. Law can be defined from a political,
The enforceable rules moral, or ethical perspective. For the purposes of this text, law is defined as the en-
that govern individual forceable rules that govern individual and group conduct in a society. The law estab-
and group conduct in a lishes standards of conduct, the procedures governing the conduct, and the remedies
society. available when the rules of conduct are not adhered to. The purpose of the law is
The law establishes
to establish standards that allow individuals to interact with the greatest efficiency
standards of conduct, the
and the least amount of conflict. When conflicts or disputes occur, law provides a
procedures governing
standards of conduct, and mechanism for a resolution that is predictable and peaceful.
the remedies available The following sections focus on the various sources of law and the principles
when the standards are and concepts that affect the analysis of these sources.
not adhered to.

II. SOURCES OF LAW

The legal system of the United States, like the legal systems of most countries, is
based upon history and has evolved with the passage of time. When America was
settled, most of the colonies were governed by English law. As a result, the founda-
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 To this long speech of her husband, which he accompanied with sundry
little caresses, Louise replied, in a tone still half sulky, that she was ready to
seek the paper, but that she did not see how they could find it, with nothing
to guide them in the search. But nevertheless, when they did seriously begin
their perquisitions, she displayed all that sagacity in discovering a secret
which women instinctively possess. Of course, the first place to which they
particularly directed their inquiries was the chamber in which, according to
the account of Callot, the meeting of the conspirators had been held.
Here they looked in every nook and corner, turned over every heap of
rubbish, examined the chairs and the table of old Père Le Rouge, and
having gone over every inch of the apartment, began anew and went over it
all again. At length Louise, seemingly tired of her search in that chamber,
left her husband to pursue it as he pleased, and sitting down in one of the
settles, began to hum a Languedoc air, beating time with her fingers on the
table.
“Pardie!” cried the Norman, after having hunted for some time in vain:
“it is not here, that is certain!”
“Yes, it is!” said Louise, very quietly continuing to beat time on the
table; “it is in this very room.”
“Nom de Dieu! where is it then?” cried Monsieur Marteville.
“It is here, in the inside of this hollow piece of wood,” answered Louise,
tapping the table with her knuckles, which produced that sort of empty
echoing sound that evinced it was not so solid as it appeared.
The Norman now approached, and soon convincing himself that Louise
was right, he took her in his arms and gave her a kiss that made the ruin
echo. The next thing was to get into the drawer, or whatsoever it was, that
occupied the interior of the table; but this not proving very easy, the
impatient Norman set it upright upon one end, and drawing his sword, soon
contrived to cleave it through the middle; when, to the delight of the eyes
that looked upon it, appeared a large cavity neatly wrought in the wood,
containing a packet of vellum folded, and sealed at all corners in blue and
yellow wax, with neat pieces of floss-silk to keep it all together. The
Norman could have eaten it up; and Louise, with a degree of impatient
curiosity peculiarly her own, was already fingering one of the seals, about
to break it open, when Marteville stopped her with a tremendous oath.
“What are you going to do?” cried he: “you know little what it is to pry into
State secrets. If you had opened that seal, instead of having perhaps a
reward of twenty thousand crowns, we should both have been sent to the
Bastille for the rest of our lives.” Louise dropped the packet in dismay; and
the Norman continued, “Did you never hear of the Abbé de Langy, who
happening to be left by Monsieur de Richelieu in his private cabinet only
for five minutes, with some State papers on the table, was sent to the
Bastille for twelve years, merely for fear he had read them? No, no; this
must go to Monsieur Chavigni without so much as cracking the wax.”
“Could not we just look in at the end?” demanded Louise, looking
wistfully at the packet, which her husband had now picked up. But upon
this he put a decided negative; and having now succeeded to his heart’s
content, the burly Norman, in the exuberance of his joy, began singing and
capering till the old pile both echoed and shook with his gigantic gambols.
“Ma Louise,” cried he at length, “vous êtes fatiguée. Je vais vous porter;”
and catching her up in his arms, notwithstanding all remonstrance, he
carried her like a feather into the court-yard, through the narrow arch, and
threading all the intricacies of the vaults with the same sagacious facility
with which a ferret glides through the windings of a warren, he bore her
safely and in triumph into the salle à manger of the honourable fraternity
below. This was not the mode of progression which Louise most admired,
nor was she very much gratified at being exhibited to her husband’s old
friends in so ungraceful an attitude; and the consequences, of course, were,
that she would willingly have torn his eyes out had she dared.
However, Monsieur Callot, Le Gros St. Nicolas, and others, applied
themselves successfully to soothe her ruffled spirits; and the venison being
ready, and a long table laid, each person drew forth their knife, and soon
committed infinite havoc on the plump haunch which was placed before
them. The wine succeeded, and then that water of life which very often ends
in death. All was hilarity and mirth, song, jest, and laughter. Gradually, one
barrier after another fell, as cup succeeded cup. Each one told his own story,
without regard to the rest; each one sang his own song; each one cracked
his own joke. Louise had retired to a settle by the side of the fire, but still
mingled in the conversation, when it could be called such; and Monsieur
Callot, somewhat full of wine, and a good deal smitten with her charms,
plied her with assiduities rather more perhaps than was necessary. In the
mean time, the Gros St. Nicolas, running over with brandy and good spirits,
kept jesting the Norman upon some passages of his former life, which
might as well have been passed over and forgotten. “Madame!” cried he at
length, turning round towards Louise, with an overflowing goblet in his
hand, and his broad face full of glee, “I have the honour of drinking to your
health, as the fifth spouse of our good friend Monsieur de Marteville; and
let me assure you, that of the three that are living and the two that are dead,
you are the most beautiful beyond compare!”
Up started Louise in an agony of indignation, and forth she poured upon
the Gros St. Nicolas a torrent of vituperation for jesting upon such a subject.
But on his part he only shrugged his shoulders, and declared that he did not
jest at all. “Mon Dieu!” said he, “it is very unreasonable to suppose that
Monsieur Marteville, who is as big as five men, should be contented with
one wife. Besides, it is très agréable to have a wife in every province; I
always do so myself.”
The thunder of Louise’s ire, now increased in a seven-fold degree, was
turned instantly upon her dearly-beloved husband. Her eyes flashed, and her
cheek flamed, and approaching him, where he sat laughing at the whole
business, she demanded that he should exculpate himself from this charge
of pentigamy, with a tone and manner that made the Norman, who had
drunk quite enough, laugh still more. With an unheard-of exertion of self-
command, Louise kept her fingers from his face; but she burst forth into
reproaches so bitter and stinging, that Marteville’s mirth was soon
converted into rage, and he looked at her with a glance which would
quickly have taught those who knew him well not to urge him farther. But
Louise went on, and wound up by declaring, that she would live with him
no longer—that she would quit him that very moment, and finding her way
to Monsieur Chavigni, would tell him all—adding, that she would soon
send the Guard to ferret out that nest of ruffians, and that she hoped to see
him hanging at the head of them. With this expression of her intentions,
Louise darted out of the vault; but the Norman, who, speechless with rage,
had sat listening to her with his teeth clenched, and his nether lip quivering
with suppressed passion, started suddenly up, cast the settle from him with
such force that it was dashed to pieces against the wall, and strode after her
with the awful cloud of determined wrath settled upon his brow.
The mirth of the robbers, who knew the ungovernable nature of their
companion’s passions, was now over, and each looked in the face of the
other with silent expectation. After a space, there was the murmur of angry
voices heard for a moment at the farther end of the passage; then a loud
piercing shriek rang through the vault; and then all was silence. A
momentary sensation of horror ran through the bosoms of even the
ferocious men whose habits rendered them familiar with almost every
species of bloodshed. But this was new and strange amongst them, and they
waited the return of the Norman with feelings near akin to awe.
At length, after some time, he came, with a firm step and unblenching
brow, but with a haggard wildness in his eye which seemed to tell that
remorse was busy with his heart. However, he sat him down without any
allusion to the past, and draining off a cup of wine, strove laboriously after
merriment. But it was in vain; the mirth of the whole party was evidently
forced; and Marteville soon took up another strain, which accorded better
with the feelings of the moment. He spoke to them of the dispersion of the
band, which had taken place since he left them; announced his intention of
joining them again; and drawing forth a purse containing about a thousand
livres, he poured them forth upon the table, declaring them to be his first
offering to the treasury.
This magnificent donation, which came in aid of their finances at a
moment when such a recruit was very necessary, called forth loud shouts of
applause from the freemen of the forest; and the Gros St. Nicolas starting
up, addressed the company much to the following effect: “Messieurs—
every one knows that I am St. Nicolas, and no one will deny that I am
surrounded by a number of goodly clerks. But although in my saintly
character I will give up my clerical superiority to nobody; yet it appears to
me, that our society requires some lay commander; therefore I, your bishop,
do propose to you to elect and choose the Sieur Marteville, here present, to
be our king, and captain in the wars, in room of the Sieur Pierrepont Le
Blanc, who, having abdicated without cause, was committed to the custody
of the great receiver-general—the earth, by warrant of cold iron and pistol-
balls. What say ye, Messieurs, shall he be elected?”
A shout of approbation was the reply; and Marteville, having been duly
elected, took the oaths, and received the homage of his new subjects. He
then entered into a variety of plans for increasing the band, concentrating its
operations, and once more rendering it that formidable body, which it had
been in former times. All this met with the highest approbation; but the
Captain showing the most marked dislike to remaining in the forest which
they at present tenanted, and producing a variety of reasons for moving
their quarters to Languedoc, where the neighbourhood of the court and the
army offered greater facilities both for recruiting their numbers and their
purses, it was agreed that they should disperse the next morning, and re-
assemble as soon as possible, at a certain spot well known to the whole
party, about forty leagues distant from Lyons.
This was happily effected; and the Norman, on presenting himself at the
rendezvous, had the pleasure of introducing to the band two new associates,
whom he had found the means of converting on the road.
Although abandoning himself heart and soul to the pleasures of his
resumed profession, our friend Marteville was not forgetful of the reward he
expected from Chavigni; and as his official duties prevented his being
himself the bearer of the paper he had obtained, he despatched it to
Narbonne, where the Statesman now was, by his faithful subject Callot,
with orders to demand ten thousand crowns of Monsieur de Chavigni, as a
reward for having discovered it, adding also an elaborate epistle to the same
effect.
The Norman never for a moment entertained a suspicion that the paper
he sent was any thing but the identical treaty with Spain, which the
conspirators had been heard to mention; and he doubted not that the
Statesman would willingly pay such a sum for so precious a document. But
the embassy of Monsieur Callot did not prove so fortunate as had been
anticipated. Presenting himself to Chavigni, with as much importance of
aspect as the ambassador from Siam, he tendered his credentials, and
demanded the reward, at a moment when the Statesman was irritated by a
thousand anxieties and dangers.
Making no ceremony with the fine blue and yellow wax, Chavigni,
having read the Norman’s epistle, soon found his way into the inside of the
other packet, and beheld in the midst of a thousand signs and figures,
unintelligible to any but a professed astrologer, a prophetic scroll containing
some doggrel verses, which may be thus rendered into English:—
 THE FATE OF RICHELIEU.

Born beneath two mighty stars,

Mercury with Mars combined,
He shall prompt a thousand wars,
Nor live the balm of peace to find.

Less than a King, yet Kings shall fall

And tremble at his fatal sway;
Yet at life’s end he shall recall
The memory of no happy day.

And the last year that he shall know,

Shall see him fall, and see him rise;
Shall see him yield, yet slay his foe,
And scarcely triumph ere he dies.

Begot in factions, nursed in strife,

Till all his troubled years be past,
Cunning and care eat up his life,—
A slave and tyrant, first and last.

PERE LE ROUGE.

Chavigni gazed at the paper in amazement, and then at the face of

Monsieur Callot, who, totally unconscious of the contents, remained very
nonchalantly expecting the reward. “Ten thousand crowns!” cried the
Statesman, giving way to his passion. “Ho! without there! take this fellow
out and flog him with your hunting whips out of Narbonne. Away with him,
and curry him well!”
The grooms instantly seized upon poor Callot, and executed Chavigni’s
commands with high glee. The robber, however, though somewhat
surprised, bore his flagellation very patiently; for under the jerkin which he
wore, still lay the rusty iron corslet we have before described, which saved
him from appreciating the blows at their full value.
The matter, however, was yet to be remembered, as we shall see; for
when Callot, on his return to the forest, informed his captain what sort of
reward he had received for the packet, the Norman’s gigantic limbs seemed
to swell to a still greater size with passion, and drawing his sword he put the
blade to his lips, swearing, that before twelve months were over, it should
drink Chavigni’s blood: and promises of such sort he usually kept most
punctually.
 CHAPTER VII.
Wherein De Blenau finds out that he has made a mistake, and what follows.
HAVING now conducted our truly-begotten friend, the Sieur Marteville,
considerably in advance of the rest of the characters in this true history, it
becomes us to show our impartiality by detailing the principal actions of
our other personages, and also to display the causes which brought the
noble Count de Chavigni to such a distance as Narbonne, a little town in the
southern nook of Languedoc, not above a few leagues from Perpignan.
However, as all these circumstances are naturally explained in the history of
the Count de Blenau, we may as well follow him on the useless pursuit into
which he had been led by the precipitancy of Monsieur Henry de La Mothe,
his page, who would have saved his master a great deal of trouble and
distress, as we all know, if he had thought fit to see the Marquise de
Beaumont; but young hounds will often cry upon a wrong scent, and
mislead those who should know better.
Thus it happened in the present instance; and De Blenau, blinded by
anxiety for Pauline, took the suspicions of his Page for granted, without
examination. He knew that Chavigni scrupled not at any measures which
might serve a political purpose; he knew that the Norman was in the
immediate employment of the Statesman, and was still less delicate in his
notions than his master; and he doubted not that Pauline, having been
discovered issuing from the Bastille, had been carried off without
ceremony, and sent from Paris under the custody of the ci-devant robber. At
all events, De Blenau, as he rode along, composed a very plausible chain of
reasoning upon the subject; and far from supposing that the Norman would
avoid the wood in the neighbourhood of Mesnil, he concluded, from his
knowledge of Marteville’s former habits, that a forest filled with robbers
would fulfil all his anticipations of Paradise, and be too strong an attraction
to be resisted.
Thus cogitating, he rode on to Decize, and thence to Corbigny, where
day once more broke upon his path; and having been obliged to allow the
horses a few hours’ rest, he tried in vain for some repose himself. Auxerre
was his next halt, but here only granting his domestics one hour to refresh,
he passed the Yonne, and soon after entered Champagne, which traversing
without stopping, except for a few minutes at Bar sur Seine, he reached
Troyes before midnight, with man and horse too wearied to begin their
search before the following morning.
It unluckily so happened that De Blenau did not alight at the hotel of the
Grand Soleil, where he might have gained such information as would in all
probability have prevented his farther proceedings; and as the keeper of the
auberge where he stopped, was at open war with the landlord of the Grand
Soleil, to all the inquiries which were made the next morning, the only reply
the aubergiste thought fit to give was, that “indeed he could not tell; he had
never seen such a person as De Blenau described the Norman to be, or such
a lady as Pauline;”—though, be it remarked, every body in the house, after
having gazed at Marteville and Louise for a full hour on their arrival, had
watched their motions every day, and had wondered themselves stiff at who
they could be and what they could want. At length, however, De Blenau
caught hold of an unsophisticated hostler, of whom he asked if within the
last ten days he had seen a carriage stop or pass through the town
containing two such persons as he described.
The hostler replied, “No; that they seldom saw carriages there; that a tall
gentleman, like the one he mentioned, had ridden out of the town just two
days before with a lady on horseback; but Devil a carriage had there been in
Troyes for six years or more, except that of Monseigneur the Governor.”
De Blenau, glad of the least intimation where news seemed so scanty,
now described the Norman as particularly as he could from what he had
seen of him while speaking to Chavigni in the Park of St. Germain’s,
dwelling upon his gigantic proportions, and the remarkable cut upon his
cheek.
“Yes, yes!” replied the hostler, “that was the man; I saw him ride out
with a jolie demoiselle on the road to Mesnil St. Loup; but Devil a carriage
has there been in Troyes for six years or more, except that of Monseigneur
the Governor.”
“Well, well,” replied De Blenau, wishing if possible to hear more,
“perhaps they might not be in a carriage. But can you tell me where they
lodged while in the city of Troyes?”
Even the obtuse faculties of the hostler had been drilled into knowing
nothing of any other auberge in the town but his own. “Can’t tell,” replied
he. “Saw him and the lady ride out on horseback; but Devil a carriage has
there been in Troyes for six years or more, except that of Monseigneur the
Governor.”
It may have been remarked, that a certain degree of impatience and
hastiness of determination was one of the prevailing faults of De Blenau’s
disposition; and in this case, without waiting for farther examination, he set
out in pursuit of the Norman as soon as his horses were ready, merely
inquiring if there was any castle in the neighbourhood of Mesnil which
might serve for the confinement of State prisoners.
The landlord, to whom the question was addressed, immediately
determined in his own mind, that De Blenau was an agent of the
Government; and replied, “None, that he knew of, but the old Chateau of St.
Loup; but that Monseigneur had better have it repaired before he confined
any one there, for it was so ruinous they would get out, to a certainty, if they
were placed there in its present state.”
De Blenau smiled at the mistake, but prepossessed with the idea that the
Norman was carrying Pauline to some place of secret imprisonment, he
determined at once to proceed to the spot the aubergiste mentioned, and to
traverse the wood from the high road to Troyes, as the most likely route on
which to encounter the Norman, against whom he vowed the most summary
vengeance, if fortune should afford him the opportunity.
As, from every report upon the subject, the forest had been for some
time past the resort of banditti, De Blenau gave orders to his servants to
hold themselves upon their guard, and took the precaution of throwing
forward two of his shrewdest followers, as a sort of reconnoitring party, to
give him intelligence of the least noise which could indicate the presence of
any human being besides themselves. But all these measures seemed to be
unnecessary; not a sound met the ear; and De Blenau’s party soon began to
catch glimpses of the old Chateau of St. Loup, through the breaks in the
wood; and gradually winding round towards the east, gained the slope
which gave them a clear view of the whole building.
The whole appearance of the place was so desolate and dilapidated, that
the first glance convinced De Blenau that Chavigni would never dream of
confining Pauline within such ruinous walls; as the mere consideration of
her rank would prevent him from using any unnecessary severity, though
her successful attempt to penetrate into the Bastille afforded a plausible
excuse for removing her from Paris. However, in order not to leave the least
doubt upon the subject, he mounted to the court-yard, and having
ascertained that every part of the building was equally unfit for the purposes
of a prison, and that it was actually uninhabited except by owls and ravens,
he determined to cross to a town, the spire of whose church he saw rising
on the opposite hill, and to pursue his search in some other direction.
Descending, therefore, by the same slope which he had previously
mounted, he wound round the base of the hill much in the same path by
which Callot had conducted the Norman and Louise. The stream, however,
formed the boundary of his approach to the castle on that side; and passing
the rocks, which we have already mentioned as strewed about at the foot of
the precipices, he followed the course of the river, till, winding into the
wood, the castle, and the hill on which it stood, were lost to the sight. Here
as he rode slowly on, revolving various plans for more successfully
pursuing the Norman, and reproaching himself for not having made more
accurate inquiries at Troyes, his eye was suddenly attracted by the
appearance of something floating on the river like the long black hair of a
young woman.
De Blenau’s heart sank within him; his courage failed, his whole
strength seemed to give way, and he sat upon his horse like a statue,
pointing with his hand towards the object that had thus affected him, but
without the power of uttering any order concerning it.
In the mean while the hair waved slowly backwards and forwards upon
the stream, and one of the servants perceiving it, dismounted from his
horse, waded into the water, and catching it in his grasp, began dragging the
body to which it was attached towards the brink. As he did so, the part of a
red serge dress, such as that in which Pauline had visited the Bastille,
floated to the surface, and offered a horrible confirmation of De Blenau’s
fears. The first shock, however, was passed, and leaping from his horse with
agony depicted in his straining eye, he sprang down the bank into the
stream, and raising the face of the dead person above the water, beheld the
countenance of Louise.
Perhaps the immoderate joy which De Blenau felt at this sight might be
wrong, but it was natural; and sitting down on the bank, he covered his face
with his hands, overcome by the violent revolution of feeling which so
suddenly took place in his bosom.
 In the mean while his servants drew the body of the unfortunate girl to
the bank, and speedily discovered that the mode of her death had been of a
more horrible description than even that which they had at first supposed;
for in her bosom appeared a deep broad gash as if from the blow of a
poniard, which had undoubtedly deprived her of life before her murderer
committed the body to the stream.
According to the costume of her country, Louise had worn upon the day
of her death two large white pockets above the jupe of red serge. These
were still attached to the black velvet bodice which she displayed in honour
of her marriage with the Norman, and contained a variety of miscellaneous
articles, amongst which were several epistles from her husband to herself in
the days of their courtship, which showed De Blenau that she had been
employed as a spy upon Pauline and Madame de Beaumont ever since their
arrival at St. Germain’s: added to these was a certificate of marriage
between Jean Baptiste Marteville and Louise Thibault, celebrated in the
chapel of the Palais Cardinal, by François Giraud. All this led De Blenau to
conclude, that he had been misled in regard to the cause of Pauline’s
absence from St. Germain’s; and he accordingly proceeded to the little
bourg of Senecy on his return towards Troyes, making his men bear thither
the body of Louise with as much decent solemnity as the circumstances
admitted. Having here intrusted to the good Curé of the place the charge of
the funeral, and given two sums for the very different purposes of
promoting the discovery of the murderer and buying a hundred masses for
the soul of the deceased, De Blenau pursued his journey, and arrived at
Troyes before night.
Putting up this time at the hotel of the Grand Soleil, De Blenau soon
acquired sufficient information to confirm him in the opinion that the
Norman had been accompanied by Louise alone; but at the same time, the
accounts which the people of the house gave respecting the kindness and
affection that Marteville had shown his bride, greatly shook the suspicions
which had been entertained against him by De Blenau, who, unacquainted
with any such character as that of the Norman, knew not that there are men
who, like tigers when unurged by hunger, will play with their victims before
they destroy them.
The next morning early, all was prepared for the departure of De Blenau,
on his return to Moulins, when his farther progress in that direction was
arrested by the arrival of Henry de La Mothe, his page, accompanied by one
of the King’s couriers, who immediately presented to the Count two
packets, of which he had been the bearer from St. Germain’s. The first of
these seemed, from the superscription, to be a common official document;
but the second attracted all his attention, and made his heart beat high by
presenting to him the genuine hand-writing of Pauline de Beaumont.
Without meaning any offence to Royalty, whose insignia were impressed
upon the seal of the other packet, De Blenau eagerly cut the silk which
fastened the billet from Pauline. It contained only a few lines, but these
were quite sufficient to give renewed happiness to the heart of him who
read it. She had just heard, she said, that the King’s messenger was about to
set out, and though they hardly gave her time to fold her paper, yet she
would not let any one be before her in congratulating him on his freedom to
direct his course wheresoever he pleased. She could not divine, she
continued, whether his choice would lead him to St. Germain’s, but if it did,
perhaps he might be treated to the history of an errant Demoiselle, who had
suffered various adventures in endeavouring to liberate her true Knight
from prison.
De Blenau read it over again, and then turned to the other paper, which
merely notified that the King, contented with his loyal and peaceable
behaviour while relegué in Bourbon, had been graciously pleased to relieve
him from the restrictions under which he had been placed for his own
benefit and the State’s security; and informed him, in short, that he had
leave, liberty, and licence, to turn his steps whithersoever he listed.
“To St. Germain’s!” cried De Blenau gaily. “To St. Germain’s! You,
Henry de La Mothe, stay here with François and Clement. Take good care
of Monsieur l’Ordinaire, and see that he be rewarded.”—The messenger
made him a reverence.—“After you have reposed yourself here for a day,”
continued the Count, “return to Moulins; pay notre Propriétaire, and all that
may be there due. There is the key of the coffre fort. Use all speed that you
well may, and then join me at home. And now for St. Germain’s.”
So saying, he sprang on his horse as light as air, gave the well-known
signal with his heel, and in a moment was once more on the road to Paris.
Although I find a minute account of De Blenau’s whole journey to St.
Germain’s, with the towns and inns at which he stopped, marked with the
precision of a road-book, I shall nevertheless take upon myself the
responsibility of abridging it as far as well can be, by saying that it began
and ended happily.
The aspect of St. Germain’s, however, had very much changed since De
Blenau left it. Louis had now fixed his residence there; his confidence in the
Queen seemed perfectly restored; every countenance glowed with that air of
satisfaction, which such a renewal of good intelligence naturally produced;
and the Royal residence had once more assumed the appearance of a Court.
The first welcome received by De Blenau was from his gallant friend
Cinq Mars, at whose request his recall had been granted by the King, and
who now, calculating the time of the exile’s return, stood at the door of De
Blenau’s hotel, ready to meet him on his arrival.
“Welcome, welcome back! my long-lost friend, Claude de Blenau,”
exclaimed Cinq Mars, as the Count sprang from his horse; “welcome from
the midst of prisons and trials, perils and dangers!”
“And well met, gallant Cinq Mars, the noble and the true,” replied De
Blenau. “But tell me, in heaven’s name, Cinq Mars, what makes all this
change at St. Germain’s? Why, it looks as if the forest were a fair, and that
the old town had put on its holiday suit to come and see it.”
“Nay, nay! rather, like a true dame that dresses herself out for her lover’s
return, it has made itself fine to receive you back again,” replied the Master
of the Horse. “But if you would really know the secret of all the change that
you see now, and will see still more wonderfully as you look farther, it is
this. Richelieu is ill at Tarascon, and his name is scarcely remembered at the
Court, though Chavigni, that bold rascal, and Mazarin, that subtle one,
come prowling about to maintain, if possible, their master’s sway. But the
spell is broken, and Louis is beginning to be a King again: so we shall see
bright days yet.”
“I hope so; in truth I hope so, Cinq Mars,” replied De Blenau. “But, at all
events, we will enjoy the change so far as it has gone. And now, what news
at the Palace? How fare all the lovely ladies of the Court?”
“Why well,” answered Cinq Mars; “all well; though I know, De Blenau,
that your question, in comprising a hundred, meant but one only. Well, what
say you?—I have seen thy Pauline, and cannot but allow that thy taste is
marvellous good. There is a wild grace about her, well worth all the formal
dignity of a court. One gets tired of the stiff courtesy and the precise bow;
the kissing of hands and the lisping of names; the Monseigneurings and the
Madamings. Fie! one little touch of nature is worth it all.”
“But answer me one question, Monsieur le Grand,” said De Blenau.
“How came there a report about, that Pauline had been carried off by some
of the Cardinal’s people, and that no one knew where she was? for such a
tale reached me even in Bourbon.”
“Is it possible that you are the last to hear that story?” exclaimed Cinq
Mars. “Why, though the old Marquise, and the rest at the Palace, affect to
keep it a secret, every one knows the adventures of your demoiselle
errante.”
De Blenau’s cheek flushed to hear such a name applied to Pauline; but
Cinq Mars continued, observing that his friend was hurt—“Nay, nay, every
one admires her for the whole business, and no one more than I. But, as I
was saying, all the world knows it. The Queen herself told it to Monsieur de
Lomenie, and he to his cousin De Thou, and De Thou to me; and so it goes
on. Well, but I must take up the gossip’s tale at the beginning. The Queen,
wishing to communicate with you in prison, could find no messenger, who,
for either gold or fair words, would venture his head into the rat-trap, except
your fair Pauline; and she, it seems, attempted twice to get into the Bastille,
once by day and once at night, but both times fruitlessly. How it happened I
hardly remember, but by some means Chavigni, through some of his
creatures, winded the whole affair; and posting from Chantilly to Paris,
catches my fair lady in the very effort, disguised as a soubrette; down he
pounces, like a falcon on a partridge, and having secured the delinquent,
places her in a carriage, which, with the speed of light, conveys her away to
his castle in Maine, where Madame la Comtesse de Chavigni—who, by the
way, is an angel according to all accounts—receives the young lady and
entertains her with all kindness. In the mean while, Monsieur le Comte de
Blenau is examined by the King in person, and instead of having his head
cut off, is merely relegué in Bourbon; upon which Chavigni finds he has
lost his labour, and is obliged to send for the pretty prisoner back again with
all speed.”
Although De Blenau was aware, from his own personal experience, that
Cinq Mars had mistaken several parts of his history, he did not think fit to
set him right; and the Master of the Horse proceeded: “However, let us into
thy hotel. Get thy dinner, wash the dust from thy beard, array thyself in an
unsullied doublet, and we will hie to the dwelling of thy lady fair, to glad
her eyes with the sight of thy sweet person.”
De Blenau smiled at his friend’s raillery, and as the proposal very well
accorded with his wishes, every moment seeming mis-spent that detained
him from Pauline, he changed his dress as speedily as possible, and was
soon ready to accompany Cinq Mars to the Palace.
As they proceeded on their way towards the gates of the Park, a figure
presented itself, which, from its singularity, was worthy of notice. It was
that of a tall, thin raw-boned man, who, naturally possessing a countenance
of the ugliest cast of Italian ugliness, had rendered it still more disagreeable
by the enormous length of his mustaches, which would have far overtopped
his nose, had it been a nose of any ordinary proportion; but a more
extensive pear-shaped, ill-adapted organ never projected from a human
countenance; and this, together with a pair of small, flaming black eyes,
which it seemed to bear forward with it above the rest of the face,
protruding from a mass of beard and hair, instantly reminding the beholder
of a badger looking out of a hole. The chin, however, bore no proportion to
the nose, and seemed rather to slink away from it in an oblique direction,
apparently overawed by its more ambitious neighbour.
The dress of this delectable personage was a medley of the French and
Flemish costumes. He wore a grey vest of silk, with sleeves slashed at the
elbow, and the shirt, which was not conspicuously clean, buttoned at the
wrist with agate studs. His haut de chausse, which was of deep crimson,
and bore loops and ribbons of yellow, was fringed round the leg, near the
knees, with a series of brazen tags or points but indifferently silvered; and
as he walked along with huge steps, these aforesaid tags clattered together
with a sort of important sound, which, put in combination with the rest of
his appearance, drew many a laugh from the boys of St. Germain’s. Over
his grey vest was drawn a straight-cut doublet of yellow silk, without
sleeves; and a pair of long boots, of untanned leather, covered all defects
which might otherwise have been apparent in his hose. His dress was
completed by a tawdry bonnet with a high black plume: and a Toledo blade
of immeasurable length, with a worked iron hilt and black scabbard, hung
by his side, describing with its point various strange figures on the dust of
the road.
 “Here comes Villa Grande, the Italian lute-player,” exclaimed Cinq Mars
the moment he saw him. “Do you know him, De Blenau?”
“I have heard him play on his instrument and sing at your house,”
replied De Blenau; “and from his language that night, may say I know him
through and through, for a boasting coxcomb, with as much courage as the
sheath of a rapier,—which looks as good as a rapier itself till it is touched,
and then it proves all emptiness. Mind you how he boasted of having routed
whole squadrons when he served in the Italian horse? and I dare say he
would run from a stuffed pikeman in an old hall.”
“Nay, nay; you do him wrong, Claude,” replied Cinq Mars. “He has
rather too much tongue, it is true; but that is not always the sign of a bad
hound. I must speak to him, however, for he does me service.—Well,
Signor Villa Grande,” continued he, addressing the Italian, who now
approached, swinging an enormous cane in his hand, and from time to time
curling up the ends of his mustaches; “you remember that you are to be
ready at a moment’s notice. Be sure, also, that your mind be made up; for I
tell you fairly, the service which you undertake is one of danger.”
“Monsieur,” replied the Italian with a strong foreign accent, “I will be
ready, when you call upon me, in shorter time than you could draw your
sword; and as for my mind being made up, if there were an army drawn out
to oppose my progress, I would be bound to carry the despatch to the Duke
of Bouillon, or die in the attempt. Fear not my yielding it to any body;
piutosto morir vol’io, as the song has it,” and he hummed a few bars of one
of his native airs.—“Oh Dio!” continued he, recognising De Blenau, who
had turned away on perceiving that Cinq Mars spoke to the Italian on some
business of a private nature. “Oh Dio! Monsieur le Comte de Blenau, is it
really you returned at last? Benedetto quel giorno felice! Doubtless you are
aware of the glorious plans of your friend Monsieur le Grand.”
“Good day, Signor,” answered De Blenau; “I know of no one’s plans but
my own, the most glorious of which, within my apprehension at present, is
to get to the Palace as soon as possible. Come, Cinq Mars, are you at
leisure?” and he took a step or two in advance, while the Master of the
Horse gave the Italian a warning to put a bridle on his tongue, and not to let
it run so loosely without any regard to necessary caution.
“For Heaven’s sake, take care what you are about, Cinq Mars!” said De
Blenau, when he was again joined by his friend. “Of course you are the best
judge of your own plans; but unless you have a mind to ruin them all, do
not trust them to such a babbling idiot as that; and beware that, in
attempting to catch a lion, you do not get torn yourself.”
“Oh, no fear,” replied the Grand Ecuyer; “that fellow knows nothing
more than it is absolutely necessary for him to know, and as for the rest, I
have plunged into a wide sea, Claude, and must swim to land somehow.”
They had by this time reached the gates of the Palace, and Cinq Mars,
knowing that some meetings are better in private, left his friend, and turned
his steps towards the apartments of the King.
In the mean while, De Blenau proceeded with a rapid pace towards that
part of the Palace which had been assigned to Madame de Beaumont; and
his heart beat with that wild uncontrollable emotion, which the meeting
with one dearly loved can alone produce. At that very moment similar
sensations were throbbing in the bosom of Pauline de Beaumont, who from
the window had seen the approach of Cinq Mars and another; and long
before her eye could distinguish a feature, her heart had told her who it was.
A sort of irresistible impulse led her, at first, to fly towards the door by
which she expected him to enter; but before she was half across the room,
some other feeling came over her mind. She returned to her seat at the
window, and a blush stole over her cheek, though there was no other person
present to observe her emotion or pry into its cause.
The door was partially open, and more than once she raised her eyes
towards it, and thought that De Blenau was long in coming so short a
distance. But presently she heard his step, and there was an impatient
eagerness even in the sound of his footfall that convinced her he lost no
time. Another moment and he entered the room—Every feeling but one was
at an end, and Pauline was in his arms.
It is not at the moment when a lover has endured many sorrows, and
escaped from many dangers, that a gentle heart can practise even the every-
day affectations which a great part of the world are pleased to mistake for
delicacy; and far less inclined to attempt it than any other person in the
world, was Pauline de Beaumont. The child of nature and simplicity, her
delicacy was that of an elegant mind and a pure heart. Of what she did feel
she concealed little, and affected nothing; and De Blenau was happy.
Of course there was a great deal to be told, and De Blenau was listening
delighted to an account of the considerate kindness with which the Countess
de Chavigni had treated his Pauline, when the sound of voices approaching
towards them stopped her in her history.
It is precisely at such moments as those when we wish every body but
ourselves away, that the world is most likely to intrude upon us; and Pauline
and De Blenau had not met more than five minutes, as it seemed to them,
when the Queen and Madame de Beaumont entered the apartment.—How
long they had been really together is another question, for lovers’ feelings
are not always the truest watches.
“Welcome, my faithful De Blenau,” said the Queen. “We encountered
the Grand Ecuyer but now, who told us where we should find you. For my
own part, I suppose I must in all justice forgive your paying your devoirs
here before you came to visit even me. However, ere there be any one near
to overhear, I must thank you for all you have done for me, and for all you
have suffered on my account. Nor must I forget my little heroine here, who
went through all sorts of peril and danger in conveying my message to you
in the Bastille.”
“Your Majesty was very good in sending me such an angel of comfort,”
replied De Blenau. “And certainly, had it not been for the commands she
brought me, I believe that his most Christian-like Eminence of Richelieu
would have doomed me to the torture for my obstinacy.”
“Put it in other words, De Blenau,” said Anne of Austria. “You mean that
you would have endured the torture sooner than betray your Queen. But
truly, Pauline must have a stout heart to have carried through such an
undertaking; and I think that the fidelity and attachment which you have
both shown to me, offers a fair promise for your conduct towards each
other. What say you, Madame de Beaumont?”
“I think, Madame,” replied the Marchioness, “that Pauline has done her
duty with more firmness than most girls could have commanded; and that
De Blenau has done his as well as it could be done.”
“Pauline merits more praise than her mother ventures to give,” said the
Queen. “But I had forgot the King’s summons; and probably he is even now
waiting for us. Come, Pauline; come, De Blenau. Louis gives high
commendation to your demeanour in prison; let us see how he greets you
out of it.”
A message had been conveyed to Anne of Austria, just before the arrival
of De Blenau, intimating that the King desired to see her; and she now led
the way to the Salle Ronde, as it was then called, or the Salle des Muses, as
it was afterwards named by Louis the Fourteenth, where the King waited
her approach. Although the uncertain nature of Louis’s temper always made
her feel some degree of apprehension when summoned to his presence, the
kindness he had lately shown her, and the presence of a large proportion of
her friends, made her obey his call with more pleasure than she usually felt
on similar occasions.
Louis’s object, in the present instance, was to inform the Queen of the
journey he was about to make into the neighbourhood of Perpignan, in
order to confirm the inhabitants of Roussillon in their new allegiance to the
crown of France; and Cinq Mars, who had always sincerely wished the
welfare of Anne of Austria, took this opportunity of insinuating to the King,
that to show publicly his restored confidence in the Queen, so far from
lessening his authority, even in appearance, would be in truth only asserting
his own dignity, from which the proceedings of Richelieu had so greatly
derogated.
De Blenau and Pauline followed a step or two behind the Queen and
Madame de Beaumont, and would willingly have lingered still longer by
themselves; but as something must always be sacrificed to appearance, they
quickened their pace as Anne of Austria approached the door of the Salle
Ronde, and came up with her just as she entered the room in which the
principal part of the French court was assembled. The moment she
appeared, Louis advanced towards the Queen from the brilliant circle in
which he stood, and embraced her affectionately. “Welcome, my fair lady,”
said he. “I see you have brought the new returned exile with you.—
Monsieur de Blenau, I am glad to see you at court;—this is a pleasanter
place than where we met last.”
“I can assure you, Sire,” replied De Blenau, “that I will never be
willingly in circumstances to meet your Majesty there again.”
“I do not doubt it, I do not doubt it,” said the King. “You should thank
Heaven that delivered you from such peril, Sir Count.—Madam,” he
continued, turning to the Queen, “I requested to see you, not only for the
pleasure which your presence must always give, but to inform you, that
affairs of state will shortly call me to Narbonne, in Languedoc, from
whence I shall return with all convenient speed.”
 “Your Majesty soon leaves St. Germain’s,” replied the Queen. “I do not
think you love it for a sojourn, as in other days.”
“Not so,” answered Louis; “so well do I love it, that I had purposed to
have worn out the rest of my days here, had not the duties of my station
called me hence: but my return will be speedy if God give me life.—What
man can say how long he may remain? and I feel many a warning that my
time will be but short in this world.—Ha! what mean those drops in your
eyes?—I did not know, Anne, that such were your feelings.” And he pressed
the Queen’s hand, which he had continued to retain in his.
“Oh Louis!” replied Anne of Austria, and by that simple exclamation
conveyed a more delicate reproach to the heart of her husband than she
could have done by any other expression in the range of language. Louis
felt it, and drawing her arm kindly through his own, he proposed aloud that
the whole party should walk forth upon the terrace. It was the Queen’s
favourite spot, and she easily understood that it was meant as some
atonement for many a former slight. Those, too, who stood round and saw
what had taken place, began to perceive that a new star was dawning in the
horizon, and turned their eyes to watch its progress and court its influence.
The King and Queen were followed by the greater part of the court; and
during the walk Louis continued to manifest that kindness towards his wife,
which had it been earlier shown, might have given him a life of happiness.
“Let me beg you, Madam,” said he, as at length they turned to enter the
Palace, “not only to be careful of our children, for that I am sure you will
be, but also to be careful of their mother, for my sake.”
The Queen’s feelings were overpowering; the tears rolled rapidly down
her cheeks, taking from her all power of utterance, and quitting the King,
after pressing his hand to her lips, she retired to her own apartments, to
indulge in solitude the new and delightful emotions which her husband’s
unexpected kindness had excited.
 CHAPTER VIII.
Which shows that the Moment and the Manner have often more to do with
Success than the Matter.
THE various preparations for the King’s journey into Roussillon
occupied no small space of time. Litters and carriages were to be provided;
relays of horses to be stationed on the road; cooks and victuallers were to be
sent forward; and a thousand other arrangements to be made, required either
by the general difficulty of locomotion in those days, or by the failing
health of the King. It was not then, as in the present time, when monarchs
and subjects travel with equal facility all over the globe: when a king gets
into his travelling chaise with no more to do than a private man, and is
carried along over a level road without let or hindrance, jolt or jumbling, to
whatsoever place his fancy may incline him. The journey of a sovereign
was then as formidable an undertaking as the passage of the Great Desert to
a modern traveller, and required fully as much provision and
circumspection.
One great object of Richelieu’s policy had been to diminish the feudal
influence of the nobility, and by forcing them to reside with the Court, to
break through their constant communication with their vassals. In pursuit of
this, he had drawn the greater part of the nobles to Paris; and now that his
absence and declining favour with the King dissolved the charm which
seemed to hold them in the capital, they congregated at St. Germain’s like a
flock of bees, that, having lost their hive, flew forth in search of a new one.
Many of these were bound, by their various offices in the household, to
accompany the King in his present journey; others were particularly invited
to do so either by Louis himself or by Cinq Mars and Fontrailles, who
sought to surround the King with those who, on any sudden emergency,
might support their party against the Cardinal; and a crowd of others, from
vanity or interest, curiosity or ambition, were glad to follow in the train of
the Monarch.
Thus the greater part of the nobles who had flocked to St. Germain’s, on
Richelieu’s departure from Paris, now again left it in order to take part in
the journey to Narbonne. As all the horses, and every sort of
accommodation on the direct road, were engaged for the service of the King
and those immediately attendant upon him, the greater part of the Court
took the indirect roads by which they could always be near the Royal party;
and the rest followed a day or two after, taking advantage of whatever
conveniences might be left unappropriated.
There were one or two, however, who departed before Louis, and of
these the principal was Chavigni, who set out accompanied by a few
servants, two or three days prior to that appointed for the King’s expedition.
His ostensible destination was, like that of the rest of the Court, to
Narbonne; but turning to the left, he directed his course towards Tarascon,
and having travelled with the utmost rapidity, while Louis proceeded by
easy stages, he had quite sufficient time to communicate fully with
Richelieu, and proceed to Narbonne before the King’s arrival.
The journey into Roussillon had been undertaken by the express advice
of Richelieu; and though Cinq Mars ventured boldly to attack the conduct
of the Cardinal in every respect, to place all his measures in the worst point
of view, and to encourage every sentiment in the King’s mind which was in
opposition to those of the Minister, still no change, or even a proposal of
change in the Government had been mentioned, up to the time of the Court
reaching Narbonne. Richelieu was still Prime Minister, and the Council
remained composed of persons devoted to his interest, though the views of
Cinq Mars were already spoken of in more than one circle, and the consent
of the King was so far assumed as a matter decided, that the two parties
were distinguished by the names of Royalist and Cardinalist.
While the Court remained with the army near Perpignan, and after its
removal to Narbonne, Richelieu still lay dangerously ill at Tarascon. His
mind was deeply depressed, as well as his corporeal powers; and in the
opinion of all, a few weeks were likely to terminate both his ministry and
his existence, even if the eager hand of his enemies did not hurry him
onward to more rapid destruction. But the fiery spirit of Cinq Mars brooked
no delay: the lazy course of natural decay was too slow for his impatience;
and though De Thou, who accompanied his friend to Narbonne, reiterated
in his ears the maxims of caution and wisdom, on the other hand
Fontrailles, fearful lest he should lose the merit and consequent influence he
should acquire by the removal of Richelieu, never ceased to urge the
favourite to hurry on the completion of their design.
 In the mean time, every thing seemed favourable to the conspirators; and
Cinq Mars felt confident that the secret inclination of Louis would second
all his views; but nevertheless, he wished for some more public and
determinate expression of the King’s opinion, before he asked his consent
to the measures which had been concerted. After the arrival of the Court at
Narbonne, however, the Monarch’s conduct in respect to Richelieu became
of so decisive a character, that no farther delay appeared necessary. Within a
few miles of the place where the Cardinal lay ill, the King seemed entirely
to have forgotten that such a man existed, or only to remember him with
hatred. His name, if it was ever mentioned, instantly called into Louis’s
countenance an expression of uneasiness and disapprobation; and by no
chance was the King ever heard to pronounce it himself. By all these
circumstances, Cinq Mars was determined to communicate to Louis, as
soon as possible, the schemes which had been formed for freeing the
country from the yoke of Richelieu. He suffered, however, several days to
elapse in waiting for a favourable opportunity, and at length, as often
happens, growing impatient of delay, took perhaps the most inauspicious
moment that could have been selected. It was on a morning when every
thing had gone wrong with Louis.
Notwithstanding his failing health, he still clung to his accustomed
amusements, and very often rode forth to hunt when he was very unfit for
any bodily exercise. On these occasions, the distressing consciousness of
his decaying powers always rendered him doubly irritable; and on the day
which Cinq Mars unfortunately chose to broach the subject of the dismissal
of Richelieu, a thousand trivial accidents had occurred to increase his ill
humour to the highest pitch. His horse had fallen with him in the chase;
they had beat the country for hours without finding any game worthy of
pursuit; and when at length they did rouse a fine boar, and had brought him
to bay, he broke out after killing two of the King’s best hounds, and plunged
into the deepest part of the forest. Louis was returning home from this
unsuccessful chase, when Cinq Mars, turning his eyes towards the towers of
Tarascon, which just then were seen rising above the trees in the distance,
pointed to them with his hunting-whip, saying, “There lies the Cardinal!”
“Well, Sir,” exclaimed Louis eagerly, catching at any thing on which to
vent his irritability—“do you wish me to go and see him? Doubtless he will
be glad of the visit. Let us go.” And he reined in his horse, as if with the
intention of turning him towards Tarascon.
 “Far be it from me to advise your Majesty so to do,” replied Cinq Mars,
who clearly perceived that the King’s answer proceeded only from casual
irritation. “It was the sight of the old towers of the Chateau, that called the
Cardinal to my mind. In truth, I had almost forgotten him.”
“Forgotten him, Cinq Mars!” cried the King. “I think he has done
enough to make himself remembered.”
“He has indeed, Sire,” replied Cinq Mars, “and his memory will long last
coupled with curses in the heart of every true Frenchman. But there he lies;
I trust, like the Tarasque, hideous but harmless, for the present.”
“What do you mean by the Tarasque?” demanded Louis; “I never heard
of it.”
“It is merely a whimsical stone dragon, Sire,” replied Cinq Mars, “that
lies carved in the Church of St. Marthe, at Tarascon on the Rhone—a thing
of no more real use than the Cardinal de Richelieu.”
“Of no use, Sir!” exclaimed the King, his eye flashing fire. “Do you
think that we would repose such trust, and confide our kingdom’s weal to
one who is of no use? Silence, Sir!” he continued, seeing Cinq Mars about
to reply: “No more of this subject—we have heard too much of it.”
Cinq Mars was too wise to add another word, and the King rode on to
Narbonne, maintaining a sullen silence towards all around him.
Of the conversation which had passed not one word had escaped the ears
of Fontrailles; and the moment the cortège had dismounted, he followed the
Master of the Horse towards a distant part of the grounds which lay behind
the Chateau. Cinq Mars walked on as if he did not see him, and at last
finding that he persisted in following, he stopped abruptly, exclaiming,
“Well, Fontrailles! well! what now? What would you say? I can guess it all,
so spare yourself the trouble.”
“You mistake me, Cinq Mars,” replied Fontrailles, “if you think I would
blame you. You did your best, though the time was not the best chosen; but
all I wish to press upon you is, not to let this dispirit you. Let the subject die
away for the present and seem forgotten, till the King is in a better mood.
Every hour of his neglect is death to Richelieu; and besides, the King’s
consent is not absolutely necessary to us.”
“To me, absolutely necessary,” replied Cinq Mars, “for I stir not one step
without it.”
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