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Chapter 38

Kilthanis was brought up short by Lucas’s question. His righteous anger had no outlet against this simple admission. It suddenly evaporated in the face of concern for a man he had known for over a decade. His voice was almost as soft as Lucas’s when he continued.

“Then why?” he asked plaintively.

Lucas stared down at his desk, refusing to look his friend in the eye. “Because I hate them, Kilthanis. They’re simpletons and they can’t be trusted.”

Kilthanis just gaped at Lucas. He was at a loss for words.

“I come from the riverlands, Kilthanis. You know this. We don’t see many of the desert people there. And those we do get are looked at with distrust.”

“Lucas, you’re a smart man. You know better than—“

“It has nothing to do with intelligence, Kilthanis. I was raised not to trust them. Sure, individual members of the race might be good people. But as a whole? They use their monopoly on magic to wring concessions from the Empire no other people get. So why should they get all the benefits of Imperial citizenship, if they don’t bear all the costs?”

Kilthanis fought to keep the revulsion from his face as he listened to a man he thought he knew spew the most ignorant hatred from the hinterlands of the Empire. “They provide a valuable service to the Empire, Lucas.”

“Really? Their so-called magic? They can cloud men’s minds with their tricks. We all believe that they merely compel men to speak the truth. But what prevents them from fooling your mind as to what the truth really is? Nothing, that’s what! So what’s to say they can’t be bought off?”

“Do you really think Bokiyem would allow them to corrupt the legal process?”

Lucas snorted. “Now who’s being ignorant, Kilthanis? Do you really think Bokiyem exists? I’m a priest of his order, and he’s never given me guidance in my decisions. My intelligence does that. If he really influenced us, there would never be a disagreement about the law. And yet this Court regularly splits its opinions. Bokiyem is a fairy tale.”

Kilthanis’s eyes grew wide. “That’s heresy!”

“It’s truth! And if it isn’t, then that means my opinion was given me by Bokiyem. What say you to that?”

Kilthanis hesitated. Lucas had a point. If Bokiyem truly guided the High Court, then his case was lost. But he couldn’t believe that the God of Law would countenance such a result. But if He didn’t….then it undercut the basis for the power of law. That was even more troubling. Kilthanis shook his head, trying to clear it.

“That’s not necessarily true, Lucas. Bokiyem guides your decision. He doesn’t dictate it. And in this case, you’ve clearly let your personal biases corrupt your opinion in this matter. Duty demands that you recuse yourself from the case.”

“Well, counselor, it’s too late for that. The Opinion of the Court has been rendered.”

“Then I’ll file a motion for rehearing.”

“That’s unprecedented. The Court never rehears an issue once its been decided, unless new facts come to light or circumstances change.”

“I would say both are true, here,” Kilthanis said pointedly.

Lucas looked like he was about to snap a retort, then sighed heavily. “You’re right. I will inform the Lord Chief Justice that my opinion was in error, and that I should not have been involved in the case. I will urge him to grant your request for the Court to reconsider its decision. Without my influence, you should have no trouble convincing the Court to change its mind. The Chief Justice will be a hard sell, but if anyone can do it….”

“Thank you, Lucas. For the vote of confidence and for agreeing to this.”

Lucas sighed again. “It’s not easy to admit you’re flawed, Kilthanis.”

“You’re not flawed. Just human.”

Lucas nodded, his eyes tracing the books of law lining the shelves of his office. Kilthanis could only guess at what he was thinking. Probably trying to seek solace in the law, as he always had. Maybe seeking absolution from the silent tomes. Kilthanis turned to go. When he reached the door, Lucas called his name. He turned back.

“Yes?”

“Forgive me?”

“I do Lucas. I only hope you can forgive yourself.”

Chapter 37

Kilthanis’s steps were heavy and slow as he made his way through the halls of the Court building. He barely acknowledged the Clerk of the Court as he shuffled past his desk. Yet despite his slow pace he found himself in front of a large door far too soon for comfort.

He hesitated briefly, then raised his hand, striking the door forcefully. A large part of him hoped that Lucas wasn’t in, but that hope was quickly dashed as he heard a familiar voice beckoning him inside.

With a final pause, he pushed open the great doors and entered the spacious chambers of a Lord Justice of the Imperial High Court. The room was large and well furnished. Clear glass windows looked out over the buildings to the West. They provided a great deal of light, which bounced warmly off the wood paneled walls.

“Hello Kilthanis,” Lucas said. His voice was light, but the usual warmth that Kilthanis had come to expect over the last several years was absent.

“Hello Lucas,” Kilthanis replied, his voice carefully neutral. The use of the familiar names was somewhat comforting. Lucas had to have some idea as to why Kilthanis was there. By not referring to him as “Lord D’Endray” Lucas was subtly signaling that this conversation would not be in their official capacities, but rather in their role as old friends.

“What can I do for you, old friend? Come to debate the latest treatise on inheritance in the Empire?” Lucas’s tone was artificially light.

The casual question caused something to snap in Kilthanis. “No, Lucas. I come on a much more serious and pressing matter.”

Lucas sighed, his shoulders slumping slightly. “I figured as much. You wish to discuss my opinion with me. Well, I’ve said everything I need to say. It’s clearly spelled out in the opinion I announced. You can get a copy—“

“I know damn well where I can get a copy!” Kilthanis burst out. “Don’t talk to me like I’m some lawyer fresh out of school!”

Lucas’s eyes hardened. “I’d watch your tone. You’re addressing a Lord Justice. And if I’m not mistaken, you’ve come to discuss a matter this Court has ruled on. Given the improper nature of such a discussion, I’d say you’re acting like someone fresh out of school. Now, I’ll ask you again, counselor, what can I do for you?” All pretense of a friendly meeting was gone.

“What can you do for me?” Kilthanis tried, and failed, to keep control of himself. “You can explain that disgrace you call a legal opinion!”

“I already told you. I’ve said all I need to say.”

“No, Lucas. You haven’t. Not by a long way. I don’t know who came up with that ridiculous doctrine you announced yesterday, but it wasn’t the man I went to school with. Not the man who railed against injustice. Certainly not the man I’ve known for the last fifteen years.” By now, Kilthanis’s anger had vented itself.

As he spoke, Lucas seemed to shrink in upon himself. Now, he stood there, with his head bowed, shoulders hunched. When he spoke, his voice was very quiet. Kilthanis had to lean forward a bit to hear him.

“Don’t you think I know that?”

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Chapter 36

Kilthanis stopped at the foot of the stairs leading up to the large marble edifice. His eyes had slight bags under them. It had been a hard night. To keep from waking Kelsey, he had eventually moved into a guest bedroom, where he tossed and turned. The Court’s decision just didn’t sit well with him, but neither did the promise he had made his lady.

He didn’t like what he was about to do. Lucas was his friend, for Gods’ sake. They had known each other for over fifteen years. But Kelsey was right. Based on those fifteen years, Kilthanis knew that Lucas’s decision could not be explained by a rational application of the law. Something more was at work.

But what could it be? Lucas was too upstanding to take a bribe. Not only was he respected for his legal mind, but he was also widely regarded as one of the most honest jurists in the Empire.

Kilthanis remembered when they had studied legal history together and had read about the days when justice in the outer edges of the Empire had been for sale. How angry Lucas had gotten. He felt it was a deep betrayal, not just to the God who all judges dedicated themselves to serve, but to the people who came before them seeking justice.

The Courts, Lucas had said, were the one thing that made the civilized people of the Empire better than the barbarians to the far north. Any person, no matter his or her wealth, was equal before the law. And the lowliest peasant could call the richest man in the Empire to account, thanks to the Law.

He supposed it was possible that the Emperor or his agents had tried to pressure Lucas into making the decision. Kilthanis knew the Emperor almost as well as he knew Lucas, and he didn’t think that was possible. But then, from all reports, the Emperor wasn’t himself since the death of his wife.

But even if the Emperor were to be so bold as to try and influence the Court, he doubted Lucas would stand for it. He’d sooner resign from the bench than cave in to pressure from the Emperor.

It was also possible, he reflected, that Lucas had merely given in to the same concerns that had likely swayed Lord D’Orne – the fear that the Emperor would ignore the Court. But Lucas was young enough, and enough of a firebrand, to welcome the challenge. He’d dare the Emperor to defy his order, betting that even he was not bold enough to risk the people’s wrath.

That didn’t leave many options, at least not any that appealed to Kilthanis. He’d rather it was the Emperor’s hand that caused this. Because the alternative was too terrible to contemplate.

And so here he was, about to march into the High Court and accuse its most respected member of improper behavior or undue influence. If he was wrong, it would most likely mean the end of his career.

If he was right, he would just wish it did.

He took a deep breath and let it out slowly, closing his eyes momentarily.

He opened them and began to walk up the marble steps.

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Chapter 35

Kilthanis sat in stunned silence for several minutes following the decision of the Court. He could not believe what he just heard. Well, he could believe it, but not from his friend Lucas. He tried to wrap his head around the decision, but it just made no sense. The doctrine that Lucas had spelled out was almost completely novel.

Yes, he reflected, one couldn’t apply the full set of laws to the field of battle. But that wasn’t the case here. As Lucas himself had acknowledged, many of those taken were far from the deserts and they certainly weren’t being held near the site of any hostilities.

And what was that business about being part of the Empire, “in a foreign sense”? While that might be a justification for ignoring the Kiyem-merethil, a fact which Kilthanis seriously doubted, how would that affect the Kiyem-bo? It was the laws as decreed by the Gods. How could that fail to apply to any person, citizen or not?

Kilthanis shook himself and looked around the empty courtroom. He had to do something. But what? The Court had made its ruling. He could wait for the evidence to arrive from Osh’riyo, but he feared that the Court would use the same rationale to ignore any claims, even if the accusations were true.

As he left the courtroom, Kilthanis found himself profoundly shaken. He had devoted his life to the pursuit of the law. He had trusted that personal qualms and beliefs had no place within these hallowed halls. As he reached the door, he looked back at the bench through eyes that were having trouble focusing, to the words written there: ‘Alu Utos-Merethil tur alu Kiyem-Tethos.’ Today, they carried no meaning for him.

He wandered aimlessly through the city and finally returned home after several hours. Kelsey was sitting in the parlor, needlepointing. “Good evening, my love. Where have you been this day?”

Kilthanis shambled over to the couch and collapsed on it, not answering. Kelsey put down her canvas and needle and walked over, sitting down on the couch and pulling his head into her lap. “I take it the Court did not grant your petition.”

Kilthanis snorted. “It’s much worse than that, Kelsey. They denied the desert folk have citizenship. They ruled that there was not enough evidence to support the charges and that there was no right to enforce for the one charge they acknowledged was ripe for review.”

“Not citizens? But how can this be so? The desert folk have been treated as full members of the Empire for almost four hundred years. They are an integral part of our judicial system! How can the Court deny them the rights they help enforce on a regular basis? How could Lucas allow them to?”

“Allow them to?!” Kilthanis burst out. “He authored the opinion!”

Kelsey’s brow furrowed. “What? But Lucas has been almost as big a force for the rights of citizens against Imperial power as you. How could he now author an opinion giving the Emperor carte blanche to behave as he wishes?”

“That’s what I’d like to know! It came out of nowhere. Of course I suspected the Lord Chief Justice and Lord D’Orne to side with the Emperor. The Chief Justice has always been of a more conservative bent, and Lord D’Orne would fear the implications of the Emperor defying the Court. But I figured Lucas could sway the others to form a majority. And Lord Juroch didn’t sound like he needed much swaying.”

Kelsey ran her hand gently through Kilthanis’s hair. “Why don’t you ask him, dear?

“That wouldn’t be proper. I was an attorney in the case. And it’s possible I’ll be returning on the same matter, once the dispatches from Osh’riyo arrive.”

“Damn proper, Kilthanis!” she burst out. “This is out of character for Lucas. If you’re to have any hope of succeeding in your follow up petition, you must find out what prompted this aberration!”

Kilthanis closed his eyes, relaxing under his betrothed’s gentle ministrations. “Perhaps you’re right, my love.”

“Of course I’m right, Kilthanis. I keep telling you, if you just start from that assumption, your life will go much easier.”

He opened one eye and looked up at her, a chuckle escaping involuntarily. “Very well, Lady D’Ember. I shall see the Lord Justice on the morrow.”

She smiled down at him and tousled his hair. “See that you do, Lord D’Endray.” She leaned over and kissed him. “Now come, let us see about dinner.”

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