Chapter 34

The Court was packed again on the day the Court issued its ruling. It was an unusually swift decision, coming just a week after the Court heard arguments. Decisions typically took weeks to render and sometimes a span of months would elapse before the Court announced a decision.

But given the weighty issues that the Court was being asked to consider and the urgency of the need for a decision, the Justices had burned the midnight oil putting together their opinion. In fact, the decision itself had been reached fairly quickly. Lucas had walked into their conference with a draft opinion already written.

He waited to hear what his other colleagues thought before voicing his own opinion, but after making his case the decision was rapidly agreed to. All the justices had agreed on the need for a unanimous decision and that was initially a source of contention. But Lucas’s calm explanation of his rationale had quickly achieved a consensus.

“We are seated today to announce our decision in the case brought by Lord D’Endray against the Emperor,” the Lord Chief Justice announced. “The decision is unanimous as to all issues. The Court’s decision has been authored by Lord Justice Aldon.”

So saying, the Chief Justice turned to Lucas. “Thank you, Lord Chief Justice.” He looked out at the gathered crowd, his eyes locking with Kilthanis.

“We are called upon to issue a ruling of great importance today. The possibility of crisis rests heavily on our minds. Were the Emperor to defy this Court, chaos would erupt. Additionally, the implication that the Emperor and his cousin are complicit in the violation of the Kiyem-merethil and the Kiyem-bo must not be arrived at lightly.

“Given the lack of evidence in this case, it is the opinion of this Court that there is no basis to issue the orders asked by Lord D’Endray in this matter. Therefore, the charge that Imperial citizens are being held without being presented with the charges must be dismissed until such time as competent evidence can be taken on the issue.”

Kilthanis looked striken.

“The same fate must befall the claim that Laris Rychart is violating the prohibition against cruel torture. However, as the Imperial Solicitor acknowledges, this flaw does not affect the claim that the men and women of the desert are being held without due suspicion.

“The holding of an Imperial Citizen without due suspicion is without a doubt a violation of the law, as handed down by Bokiyem himself.” Here, Kilthanis felt a spark of hope. But this hope turned to confusion at Lucas’s next words. “The question remains, however, whether the people of the desert are Imperial Citizens. And this brings us to the last charge, the violation of the Pact of Dhereshu.

“This Pact creates a special relationship with Yometh Robak and Kolam Robak unseen elsewhere in the Empire. It grants a level of autonomy not experienced by any other realm within our Imperium. Given this special status, it is the ruling of this Court that the desert lands of Yometh Robak and Kolam Robak are Imperial territory, but in a foreign sense, and thus the citizens of these territories stand outside the Empire.

“This matter is further complicated by the accusations on both sides that the Pact of Dhereshu has been violated. We find it unnecessary to determine by whom the Pact was broken. Without a doubt, it is no longer in force. If broken by the desert people, they cannot now claim its protections before this Court.

“If broken by the Emperor, it still affords no protections. For the desert lands are now in a state of war. While the Kiyem-bo applies in territory occupied by military forces, this application has always depended on a state of occupation, rather than open hostilities. To require otherwise would hamper the ability of Imperial forces to successfully prosecute a war. And this step we will not take.

“The fact that some of these people were taken far from the field of battle is immaterial. Given our ruling that they are not Imperial Citizens, the locus of their capture is not relevant.” So saying, Lucas ceased his recitation of his opinion.

“There being no other business before us today, this Court is now adjourned,” said the Chief Justice.

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Chapter 33

The Court adjourned, the five justices retiring to their chambers to contemplate the arguments made by counsel. The issues were weighty and the potential outcome could rock the Empire. All of the Justices were burdened by their great duty. But none was more burdened than Lucas Aldon.

He sat in his chambers in the large Court building in Dekiyem, pondering the charges his good friend Kilthanis had laid before the Court. Spread before him were treatises on Imperial Law and the Law of the Gods, some of them written by Lucas himself, despite his relatively young age.

Lucas had taken quite well to the law and to the priesthood. All judges, from the lowest to the highest, were priests in the Church of Bokiyem. Because they were called upon to interpret the law as laid down by both men and Gods, they needed to be learned in both sources of law.

He had come further than his father could ever have imagined, he reflected. As the second son of a noble in Ethsheya, he would never be a ruling lord like his older brother. That gave him the freedom to pursue his true love – the law. But he had expected to be appointed as a judge in his home nation. To be sitting on the High Court, and at such a young age, was a great honor and did his family and his nation proud.

The fact that his opinion carried great weight with his colleagues was a source of personal pride. It was one reason this case weighed so heavily on him. He could count votes and he could read the law. He knew from the oral argument that the Chief was likely to rule in favor of the Emperor and it seemed just as clear that Justice Juroch was leaning in favor of Kilthanis’s position. Justice Kilrean was a question mark, as was Lord Justice D’Orne. He hadn’t asked a single question, as was his custom. That made him very hard to read. But he was a conservative at heart. He could probably be counted on to rule in favor of the Emperor’s power.

Given the nature of the accusations in this case, a unanimous bench would be almost essential to ensure that the Court’s opinion was followed. The Court had the advantage that since it was made up of members of the clergy, its decisions on the Law as handed down by Bokiyem were unimpeachable. But they could claim no special wisdom in interpreting the law of men, other than their experience in doing so.

All of these thoughts laid heavily on the mind of the most brilliant legal scholar of his generation. And overlaying them was one more thought – these desert people could not be allowed to win. It had nothing to do with a potential crisis if the Emperor ignored the ruling of the Court. Those sand snakes thought they could partake of the benefits of the Empire while maintaining their right to be apart. What made them so special? Just because they alone could do magic? No. Just as the Solicitor had argued that you couldn’t vitiate the Pact and then seek protection under it, they shouldn’t be allowed to claim the spoils of Imperial Citizenship, while insisting on their right to remain autonomous.

And with that thought, Lucas realized what he had to argue, in order to sway his colleagues. He took up a griffin quill and some parchment, dipped the tip of the quill in his inkpot and he began to write.

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Chapter 32

Kilthanis noted that the large hourglass which kept time for arguments was almost empty and he therefore saluted the Court and resumed his seat at the table reserved for petitioning counsel. The Imperial Solicitor stood and strode to the well before the bench.

“My Lord Chief Justice and members of the Court, I am here today, as always, to represent the Empire. I would like to begin with the last charge leveled by Lord D’Endray. As this Court has properly noted, there is no evidence on which to base the charge of cruel torture. To insinuate otherwise, on the mere basis of rumor, may itself be a crime.”

“Is it your position that Lord D’Endray should be charged with falsely accusing Laris Rychart?” Lady Justice Ilyena Kelrean, asked.

“No, my Lady Justice. It is merely my intent to show that the charge is so baseless, that even though this Court has the authority to issue an advisory opinion on the matter, there is no basis to do so.”

“And would it not serve for this Court to make such an order, to ensure that such rumors do not become fact?” the Chief Justice interjected.

“My Lord Chief Justice, the implication of such an order would be seen only one of two ways. Either this Court believes these foul rumors, or it fears that Prince Laris and the Emperor were considering violating the right against cruel torture. Such an implication from this Court is quite damaging, especially in these troubled times.”

“A fair point,” the Chief Justice noted.

“Thank you, my Lord,” he replied. “As for the other charges leveled by Lord D’Endray, it is the Empire’s position that they are equally baseless.”

“My Lord Solicitor, forgive me if my memory is faulty, but the Pact of Dhereshu forbids the presence of the military in either Yometh Robak or Kolam Robak, which we currently have, isn’t that correct?” Lucas asked.

“That is correct my Lord Justice. However, the Emperor only ordered troops into the deserts following the attack on the Imperial family, which we maintain voided the Pact. Therefore, there is no basis in Law to lay a claim on that basis. The Pact was vitiated by the desert men. They cannot now seek refuge behind it.”

“So if a desert man, any desert man, violates the tenets of the Pact of Dhereshu, all lose their protection under it?” This question came from Lord Justice Juroch.

“No, my Lord. It is our belief that this was a greater conspiracy, which explains the Emperor’s actions in this matter. If correct, it justifies the broad sweep of the investigation that has been undertaken.”

“And what evidence do you have that the conspiracy was so vast?”

“Lord Justice Jurach, we know there were at least three conspirators – the apothecary, the desert man who bought the poison, and a member of the kitchen staff. Given the unprecedented nature of an attack upon the person of the Emperor, it is our position that a wide-ranging investigation is called for and should be allowed by this Court.”

“Even at the expense of the rights of Imperial citizens?”

“Lord Justice Jurach, there is no evidence that rights have been violated. We have only the accusations made by Lord D’Endray. His petition was filed so quickly, we have been unable to secure information from Osh’riyo to answer his charges. A ship was dispatched almost immediately upon receipt of the petition, but these things take time. Because the Court is exercising its jurisdiction in the first instance, we do not have prior testimony or determinations to rely upon.”

“Another fair point,” the Chief Justice said.

“Thank you, my Lord Chief Justice. It is the position of the Empire that the Court should wait to rule on almost all of these claims until more information can be collected. The only charge leveled by Lord D’Endray that can be substantiated at this time is the charge that desert men and women are being rounded up without due suspicion.

“As to that charge, the Empire finds itself in a position almost unprecedented for the last two centuries. We are under attack. The life of the Emperor has been directly threatened and the Empress is dead. Imperial troops have been called to arms on a scale not seen since the Third War for Et’Alash. The Emperor believes that given the circumstances, facing a threat of unknown scope, he has the power to fully investigate this matter to prevent another attempt on his life.

“Finally, it must be noted that the magicians have fled. Given that they are all members of the desert race, and that they have vanished en masse across the Empire, it speaks of a vast conspiracy. This justifies both the Emperor’s position that the Pact of Dhereshu has been rendered null and that there is a broader plot under way against both his person and the Empire.”

The Imperial Solicitor made eye contact with all the justices, and seeing no further questions, resumed his seat.

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Chapter 31

Lucas Aldon was one of the most respected jurists of his era. He had the finest legal mind of his generation and one of the most gifted minds in Imperial history. He was capable of detecting fine nuances that his colleagues often missed and they gave his opinion great deference because of it.

Lucas was not the Chief Justice of the Imperial High Court, but only because the position wasn’t available when he was appointed. He was still regarded as the most powerful jurist in the Empire, a fact which he relished. Despite this, he was a humble man, who made friends easily.

Kilthanis D’Endray recalled the first time he’d met Lucas, when they were studying law together. They had maintained their friendship throughout the intervening years and Kilthanis sincerely hoped it would not cause his friend to recuse himself in the case he had brought before the Court. He was counting on his friend’s sharp legal mind to sway the Court to stand up to the Emperor.

“My Lord Chief Justice and members of the Court,” Kilthanis began. “I come here today to ask your intercession on behalf of the people of the deserts. The Emperor has contravened the laws of Gods and men by ordering their capture, transport to Osh’riyo and interrogation. He does this on only the thinnest of bases, asserting it is in the service of the Empire.”

“Lord D’Endray,” the Chief Justice interrupted, “What remedy do you seek from this Court?”

“My Lord Chief Justice, I am asking this Court to instruct the Emperor and Laris Rychart to release all those being held, and to prevent the future capture and interrogation of others.”

“What laws do you allege have been violated?”

“Of the Kiyem-merethil, the Emperor has violated the Pact of Dhereshu, which recognizes the deserts as autonomous zones. Additionally, the Declaration of the Rights of Citizens demands that no man be held without notice of the charges leveled against him.

“Of the Kiyem-bo, the Emperor has violated the rights of citizens as handed down by Bokiyem, God of Law, which guarantee to all the citizens of the Empire the right to be free from confinement without due suspicion and upon such seizure to be brought before a committee of citizens to ascertain their guilt.

“Finally, Lord Justices, if rumors are to be believed, the prohibition against cruel torture and interrogation is being violated by the Emperor’s cousin, Lord Laris Rychart of Osh’Riyo.”

There was some muttering from the crowd that had come to watch the Court hear the case. There were always several students from the school of law in attendance at Court and that number usually increased when word got out that Kilthanis was arguing a case. Considering he was asking for the Court to chastise the Emperor, the gallery was packed.

“Lord D’Endray,” Lucas interjected, “you admit that your last charge is supported only by rumor?”

Kilthanis nodded. “Yes, Lord Justice Aldon. Because these citizens have been transported to a land far distant from their arrest, information is sketchy at best. There are reports of torture and denial of access to counsel. Therefore, I cannot attest in open court to the tactics being used during interrogations.”

“And yet, you ask us to rule on these matters?”

“My Lord Justices, an order protecting the right to be free from cruel torture cannot possibly go awry, even if such behavior is not occurring. It is within this Court’s power to make an advisory ruling, counseling those who hold the people of the deserts to behave in a manner consistent with the law.”

Lord Justice Yurin Juroch leaned forward. “You said there was no suspicion on which to arrest these people. On what do you base that claim?”

“Lord Justice, I represent the apothecary who mixed the fatal potion that killed the Empress. While it is true that a desert man was implicated in the plot on the Emperor and his family, there is no evidence that the plot was more widespread than that.

“These citizens are being summarily rounded up merely because they happen to be of the desert people. At best, based on testimony given under Oath, there would be due suspicion of all desert men with green eyes. But the Emperor’s order sweeps much more broadly than that. It is for this reason this suit was filed. To ask this Court, consistent with the right of all citizens to seek redress from the Law, to order their immediate release.

“And by what right does this Court issue such an order?” the Chief Justice asked.

“No man is above the law,” Kilthanis replied. “Even if that man is born an Emperor.”

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Chapter 30

Lysander reacted quickly. His sword cleared its scabbard before Faisal had taken three steps. He hadn’t really expected the desert people to need an hour to choose a champion, but he was surprised it was a woman.

All these thoughts flashed through his mind as he readied his sword to parry her charge. She was a tall woman, but still several inches shorter than Lysander. That gave her a shorter reach, but this was countered by her spear. Lysander stood his ground as she rushed him, stepping to his left at the last moment and raising his sword diagonally across his body, absorbing the spear’s thrust and letting it slide along his blade.

He followed through, sweeping his blade low aiming for the tendon in her heel, but she jumped just a bit and narrowly avoided the stroke. Lysander allowed the momentum to spin him lightly on his right heel and came to rest facing her still retreating back, his sword held in front of him in a guard position.

Faisal came to a stop and spun around quickly, crouching low, spear held out in front of her. Lysander was confident she wouldn’t throw it. Not when there was close fighting afoot. Still, it was a dangerous weapon, capable of both piercing and slashing.

On the other hand, the blade was only two feet long. The rest of the haft was made of a springy wood. His sword, on the other hand, was all blade. Still, the spear would be able to absorb overhand chops and slashes with ease. Lysander tested this by approaching and trying a two handed blow down on top of Faisal’s head. She deflected it easily and he used the rebound to try a slash at her left hip.

She dropped her left hand and blocked the second blow with the lower end of the spear. She began to circle Lysander and he matched her moves, considering. The flexibility of the spear’s handle was a double edged sword, he realized. Yes, it made the weapon more resilient to sword attacks, but it also helped quicken the rebound, which meant Lysander could rain blows upon his foe more quickly.

Faisal suddenly swung the blade at his head. He raised his sword, catching the blade on the crossguard and she twisted her whole body, snapping the butt end of the spear into Lysander’s knee.

He grimaced in pain, dropping to one knee. As he did so, the point of his sword dipped beneath her guard and he suddenly thrust upward with all his strength. She jumped back, but the sword was caught between her body and her spear. The sword sliced along her stomach and chest, drawing a thin red line.

She let go of the spear with her right hand, near the head, drawing her left hand quickly to the left. The blade flashed out toward Lysander’s head and sliced along his face, just over his right eye and down toward his ear.

Lysander grunted and jerked his head back as Faisal spun away. He flung out his right arm, holding the sword in one hand, and the blade bit deep into Faisal’s unprotected and exposed back.

She gave a brief cry of pain, but muffled it. Shouts rang out from the defenses as Lysander yanked his sword out in a spray of blood. Faisal stumbled and fell to her knees, but managed to hang on to her spear.

Lysander used his sword to help him rise to his feet. He wiped the blood from his eye with the back of his left hand and limped toward Faisal. She shifted her tenuous grip on the spear, moving her left hand closer to the blade. When Lysander’s shadow fell over her, she wrenched her arm up and back over her head.

Lysander swept the blade contemptuously aside and clubbed the back of her head with the pommel of his sword. She fell to the ground before her. Lysander reversed his grip on the sword, holding it in both hands, point toward the ground.

“No!” Liam shouted from the Imperial end of the square.

Lysander had his hands raised up and his eyes caught his reflection on the blade. His left eye widened as he saw what would one day become a hideous scar bleeding into his right eye. He gritted his teeth, looked down at Faisal splayed before him and with a savage growl, buried his blade between her ribs.

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