Part 19 (2/2)

”_Onus probandi semper privato inc.u.mbit!_” said the recorder.

”Of course it does!” cried Shoskuty. ”_Inc.u.mbit privato_, which means you must give us proof of your n.o.ble descent, or you may go and be ---- for all I care. n.o.ble descent is proved----”

The worthy baron's memory failed him, and the recorder resumed the argument.

”Have you a royal donation, sir, the 'Armales,' or have you an authentic Transsumtum, or the Statuaries with the clause 'c.u.m nos,' or, at least, according to Verbotzi I. 6., the receipts for the quartalitium?”

”Why,” said Tengelyi, pettishly, ”there is not a man in all Hungary who can give such satisfactory proofs of his n.o.ble descent as I can, but----”

”Very good sir; give them!” cried the recorder. ”Perhaps you claim a prescriptive right; but that too must be proved with doc.u.ments. You prove it with extracts from baptismal registers, royal grants of land--come sir, give us something of the kind!”

”My papers are in my house.”

”Then bring them here. As soon as you bring those doc.u.ments we will admit you to the vote,” said the recorder, with a sneer.

”Of course,” cried Shoskuty. ”Show us your papers!”

”But I always enjoyed the privileges of a n.o.bleman; I always paid my contributions to their rates.”

”_Fraus et dolus nemini opitulatur!_” cried Shaskay. ”Why did you not register your patent in the county?”

”Because no one ever doubted of my n.o.bility,” said the notary, trembling with pa.s.sion. ”Because I stood for a justice seat, and was actually appointed to a notariat.”

”It's a good thing for a man to have his patent properly registered,”

said the recorder: ”if you had been more cautious, you would have avoided this awkward inquiry. But your having pretended or been appointed to a post of honor cannot decide any thing. It's not legal evidence. Are there not plenty of instances of the recorders having neglected their duties, by allowing the number of n.o.blemen to increase in the said illegal manner, to the no slight detriment and prejudice of the tax-paying population?”

The notary found it impossible to repress the feelings of scorn which the recorder's last words called forth. ”Ay, ay, sir,” said he, ”you are indeed a generous man. What a blessing to the tax-payers if they could always have you for an advocate!”

”Don't stand losing your time!” cried Shoskuty; ”tell them to go on with the ballot, and let Mr. Tengelyi send for his doc.u.ments.”

”I insist on giving my vote,” said Tengelyi. ”A n.o.bleman cannot lose his rights on the ground of an information; and pending the proceedings I have a right to my present position.”

”Mr. Tengelyi is right,” said a young solicitor; ”the act of----”

”De 21 Julii 1785?” added the recorder, shaking his head. ”The said bill enacts that while the inquiry on the n.o.bility cujuscunque is pending, the defendant is to remain in his former position.”

”Which means in the fourth estate, which is the notary's case until he procures his doc.u.ments,” suggested Slatzanek.

”I have always pa.s.sed for a n.o.bleman--have I not?” said Tengelyi, turning round upon Mr. Catspaw. ”You ought to know, for you have known me these thirty years.”

”All I can say,” said the little attorney, rubbing his hands, ”is that my wors.h.i.+pful master, the sheriff, has always treated Mr. Tengelyi as he would a n.o.bleman; but then all the world knows that my master is a most _charitable_ gentleman, though indeed he gets no thanks for his goodness. I never saw Mr. Tengelyi's doc.u.ments. His patent is not registered. To tell you the truth, he came from some distant place; and there are cases in which----”

”Knock him down! kick him out!” roared the crowd; and Karvay, whose voice was most conspicuous in the general confusion, advanced and seized Tengelyi.

”Come on, any man who is tired of his life!” cried Kalman, taking his stand in front of the old man. ”Tengelyi is my friend; and whoever touches him is a dead man, even if he had as many lives as a cat!”

The gallant Captain Karvay retreated almost as quickly as he had advanced. Kishlaky hastened to his son's side, and reminded him of his alliance with the Rety party. Baron Shoskuty spoke with great energy about the sanct.i.ty of the place; and the recorder was heard to p.r.o.nounce the ominous word ”Actio.”

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