I, Dacien

A Story by Onyx Tao © 2012 Onyx Tao

I, Dacien by Onyx Tao is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Permissions beyond the scope of this license may be available at http://onyx-tao.sofurry.com.

Chapter Seventeen: Jurisprudence

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"Is it midnight already?" asked Teodor as he walked into his room to find Xavien sitting comfortably on a gray velvet couch. Two of Lord Green's guard, Lukas and Ptolomen, stood watchfully. Justiciar Còmhall sat in an only slightly smaller gray leather chair. General Zachiah followed Teodor in a moment later.

"No," Xavien replied. "It is long past midnight. Is there some reason Còmhall is here?"

"Yes," the Justiciar said. "I have to brief our Master on an appeal."

"Well," said Teodor. "Xavien, I've placed my privacy spell over the room. Would you be so kind?"

"Done," grunted Xavien.

"Have I done something to upset you, Xavien?" the Patriarch asked, and then paused. "No. What have I done to upset you?"

"It is your privilege, of course, to have me watched as closely as you wish," Xavien said sourly. "I may dislike it, but it is your decision. Although I have given my parole."

"Ah," Teodor said. "Yes, I ... but ... I assure you, Xavien, I have given no such instructions. Your parole is more than sufficient."

"Oh? Then how is it you have asked me to give you an update on Zebra just now? I find your timing most suspicious."

Teodor blinked. "I ... Xavien, I asked for an update as a reason to have you here. If there's something to report, then I'm delighted, but really, it was just an excuse."

"Well, there is something to report, My Lord."

"I assure you that I am more than ready to wait until you are ready to brief me completely."

"Then ... why am I here?"

"The same reason Justiciar Còmhall is here."

"You want Lord, forgive me, Xavien's opinion on the Guild's suit?"

"No," said Teodor. "Your decision stands; it was quite clever and I have no intention of meddling. No, I asked you both here for an entirely different reason. Còmhall, I requested you look into a few matters for me -- I assume you have."

"Of course," the gold minotaur said, sounding a little puzzled.

"Excellent. Then this secret court is in session, with myself presiding. Xavien, although you have every right to a justiciar to advise you, I am hoping you will instead submit to the court's discretion."

"Oh," said Xavien. "That."

"Yes," Teodor said apologetically.

"My Lord? Xavien? I don't understand..." said Còmhall. "A secret court? It's unheard of!"

"No, it's not," said Teodor, "although it is something of a clan secret. To be spoken of only to the Patriarch, and at need. I trust I am clear?"

"Perfectly, My Lord. I take it I am to have some function in this court?" asked Còmhall.

"Master of Law," Teodor said. "General Zachiah will serve as witness." The gray minotaur turned to the General. "If you accept that charge?"

"I am pleased to be of service, Lord Teodor," the General said.

"A secret session?" said Còmhall. "That's ... most unusual."

"There is, sadly, precedent, Justiciar. Are you willing to accept that charge?"

The gold minotaur considered for a moment. "I don't see any ... and you say there is precedent?"

"Yes." Teodor said. "Although I am unwilling to produce it, you understand."

"I ... I consent, if Xavien has no objection, and as long as he has no objection."

"I would prefer to handle this matter with as few bulls as possible," Teodor said. "Xavien, do you feel Justiciar Còmhall can be impartial as Master of Law?"

Xavien shifted in his chair. "I see no reason why he cannot."

"Pardon," Còmhall said. "But you need to affirm the point, not fail to object."

"Quite right," Xavien said. "I affirm that I believe he can -- although I reserve the right to object."

"Satisfactory," said Còmhall.

"Excellent," said Teodor. "I'm afraid I do not have a justiciar's training." Teodor sat down, and sighed. "Then I declare this court in session, in secret. Xavien, the Court believes you have violated the Truces of Xarbydis, a treaty binding on Lycaili by the signature of Patriarch Robert, and the affirmation of every Patriarch since, including myself. The Court believes you were familiar with the treaty, and were aware of the restrictions on mage-crafted weapons. Nevertheless, you took it upon yourself to create one. Also ..." Teodor paused as Xavien discreetly waved a hand. "Xavien?"

"Three, Patriarch. I made three such weapons."

"Three weapons," Teodor said. "Also, knowing that such weapons are forbidden in combat, you nevertheless used one in battle -- to slay the assassins of Patriarch Cresphontes -- also in direct violation of the Truces. Do you dispute these things?"

"I do not," Xavien said, even as Còmhall said, "You are not required to answer, Xavien."

"Please," said Teodor. "One at a time, my lords. Justiciar Còmhall, finish."

"Xavien, you need not respond to these charges if you do not wish to. Your statement could be taken to admit full culpability," Còmhall said quickly. "The court will ignore your statement, if you wish..."

"Thank you, Justiciar Còmhall," Xavien said calmly. "I am aware of that. I do take full culpability. I did those things, and I knew the truces forbade it."

"And I must ask where the other two blades are," Teodor said.

"One is with Hector, the other with Warlord Osaze, Patriarch."

"To your belief -- not your knowledge, but your belief -- do they understand what those blades are and that they are forbidden to make, forbidden to carry, and forbidden to use?" asked Teodor.

"I ... am not sure," Xavien said after a long pause. "Probably. Neither of them is stupid, and I warned them that those blades must not leave the scabbard unless and except in defense of their Masters against assassination. I told them, also, that the blades would cut through other metals -- other weapons -- as a knife cleaves butter. It is likely they know, or at least suspect, that these blades contravene the Truces of Xarbydis. But I did not tell them they did, nor that they were mage-blades."

"No?" asked Teodor. "But you think a clever warlord should have some suspicion."

"I do," said Xavien. "I expect they figured it out eventually."

"And they did not denounce you?" asked Teodor.

"It was not long after that that I became Regent," Xavien said. "They may have believed that I -- acting as Regent -- had the right to do so, or that these blades were from the days prior to the truces, and thus historical artifacts, subject only to being forbidden in use. But they did not question me. They seemed a bit relieved, actually."

"I fear I will have to have them in, to discuss these matters with as well," sighed Teodor. "Xavien, this deed was wrong."

"It was."

"Are you remorseful?"

"No," said Xavien promptly.

"Pardon," said Còmhall, breaking in. "But the question of remorse is generally brought up after the Court has ruled on culpability."

"True," said Xavien. "If you want to do this by the book."

"I wish the session to be a valid court session," said Teodor. "But as you are both justiciars and I am not, I accept the correction. Xavien, is there any reason I should not find you fully culpable?"

"None," Xavien said. "I am fully culpable."

"Then the court so finds you," Teodor said. "Has your level of remorse altered?"

"No," said Xavien.

"Justiciar Còmhall, may I now pronounce sentence?"

"Ah ..." the gold minotaur said. "I ... yes. Although it seems a bit brief, and Xavien should be permitted a defense."

"I asked him for a defense, I thought, by asking if had any reason to avoid a finding of full culpability," Teodor said. "Did that not suffice?"

"I think it does," Xavien said.

"But you are not the Master of Law," Teodor said. "Còmhall serves, so it is his opinion I require."

"Xavien is correct," Còmhall said. "It is irregular in the extreme, but there is no real challenge to the fairness of the proceeding unless Xavien wishes to make one."

"Do you wish to make one?" asked Teodor.

"No," said Xavien quietly. "What I did, I did for the good of Lycaili, and ... I expected to be held accountable. It is right and just that I am held culpable."

"Then I may pronounce?" asked Teodor.

"Yes," sighed Còmhall.

"Xavien, you are fully culpable of violating the Truces of Xarbydis, to the shame and dishonor of Lycaili," Teodor said. "I have consulted the Truces, and I find that I am permitted -- required, no less -- to devise a sufficient reprimand, and if the Patriarchs of any of the other signatory clans object to the punishment, then they may hold another session, and sentence you themselves."

"I understand," Xavien said. "My Lord."

"Bad Xavien!" Teodor said.

"What?" the ebon minotaur said.

"I believe that was a reprimand," Teodor said with a lurking smile.

"The Patriarchs will never accept..." and Xavien paused as Teodor held up a hand. "My Lord?"

"I see no duty laid on me to advise them of the violation," Teodor said. "Justiciar Còmhall, I did ask you to look into the Truces. Is there a duty clearly laid upon me to communicate the existence of a violation?"

"No, but ... there is an implicit one, My Lord."

"Is there?" asked Teodor. "If this were a contract drawn under clan law, then yes, there would be. But it is not, Justiciar. It is a formal agreement between clans, the wording strictly drafted. I suspect that the lack of such a duty was intentional. Consider the furor that would arise from widespread knowledge of this. It would be in no clan's interest. And if I had to send an ambassador to each clan, to acquaint them with the details -- it would leak, would it not?"

"I suppose," said Còmhall, "but that hardly matters to the point of law."

"I did not advance it as a point of law, but as a justification as to why the treaty is silent on the point. It was not an accidental omission, Justiciar, and we would be wrong to think it were."

"A point," Còmhall said slowly. "You may be right ... Xavien," the Justiciar started to ask.

"Lord Xavien," interrupted Teodor.

"What? He is under arrest."

"No, he has been tried and sentenced, and his punishment delivered," Teodor said. "He is now, once again, Lord Xavien, Regent of Lycaili."

"He is," Còmhall said. "Yes. I beg your forgiveness, Lord Xavien, I am afraid I was thinking of the question of the treaty, and your change in status quite escaped my notice."

"It is nothing," Xavien said. "I am rather ... ha, surprised myself. I had expected ... well, something more serious. To be stripped of my titles, at the very least."

"I trust the outcome is satisfactory?" said Teodor.

"If we can convince ourselves that we need not make a report to the other Patriarchs, then very."

"You are a justiciar yourself, Lord Xavien, and I was about to ask your opinion on the point," said Còmhall.

"I think I have a conflict of interest," said Xavien. "Rather a serious one."

"The Court recognizes your conflict of interest," Teodor said. "And yet, it has such an estimation of your integrity that it feels your opinion -- conflict or no -- would still serve the interest of the Court and Lycaili, and it begs you to offer your thoughts. The Court and the Master of Law will consider the matter of the conflict."

"I think Teodor's interpretation is correct," said Xavien with a grimace. "But I really, really want it to be. So my protest of a conflict ..."

"Is noted," said Teodor. "Is it not, Justiciar Còmhall."

"Yes," Còmhall sighed. "I ... I would like some time to research the question, My Lord, before rendering my opinion as Master of Law. I wish you had mentioned the point beforehand, My Lord, so that I could have been prepared."

"Unfortunately the matter was too sensitive to broach," Teodor said. "Nor do I wish to reconvene a secret session. I am afraid, Justiciar Còmhall, that I require your opinion now."

"It's an extremely difficult point, Lord Teodor," Còmhall said. "I cannot give an opinion as Master of Law. I beg your forgiveness, but I cannot."

"There is nothing to forgive," Teodor said. "Nothing. If that, as Master of Law, is the best opinion you have, then that is the best opinion you have, and nothing else should be presented to the Court."

"Thank you, My Lord."

"However, that does not excuse the Court from a finding," Teodor continued. "The Court finds that no such duty exists, and that where a treaty is silent, the Patriarch has full discretion.

"Such is the order of the Court. Lord Xavien has been judged and sentenced. The sentence being complete, the Court directs Lord Xavien to resume his honors, and again shoulder his responsibilities. The session is complete. The Court directs the Master of Law to draw up a record, for General Zachiah to seal that record at the Patriarch's discretion, and have the sealed record locked in the archive, and further directs that no further mention, discussion, or reference to this matter be made, saving at the sole discretion of the Patriarch."

"Yes, My Lord," Còmhall, Xavien and Zachiah said, together.

"I'm only sorry it took me so long to figure out how to handle it, Xavien."

"I ... I was expecting you to keep putting it off, indefinitely," Xavien said. "I did rather enjoy the lessening of my duties."

"It did occur to me, but that would hardly have been fair to you," Teodor said. "And I did want to talk to you about your duties. You've been bringing bulls and humans here, to the palace, yes?"

"Yes, since I couldn't..."

"And that is working?"

"Reasonably, but..."

"I wish you to continue that. I think Cresphontes overloaded you. Set up some schedule for your travels, and see your patients here, or at House Green, but they should come to you, not the other way around. If we had two or three Lord Greens, then I might think differently, but we do not."

"I ... I am perfectly capable of my rounds, Lord Teodor."

"You are, Lord Xavien. And yet I have expressed my wish that your life be easier, and I insist on it."

"As you wish. Ah ..."

"Yes?"

"What ... what should I do with ..."

"With?"

"The ... there were three of them. I wonder ..."

Teodor nodded. "Yes. Those. Thank you, I almost forgot. General Zachiah, do you, as my senior General, agree with me that these assassination attacks are the work of some group of minotaur not associated with the clans with which we are familiar?"

"I ... I'm not sure what you mean, My Lord."

"I do beg your forgiveness, General. That was less than clear. Would you agree that whoever is behind these assassinations, is not, for example, signatory to the Truces of Xarbydis?"

The ebon General quirked his head, and then nodded. "It seems likely, My Lord."

"And you are in possession of Hector's report of the sleep spell used in the assassination attempt on Sasha, Chelm, and Dacien?"

"I am, although I would classify it as an abduction attempt; there were no casualties, and they could have killed almost all of the group, had that been their goal. Instead, they merely took Bryant and Dacien.

Teodor nodded. "Once Sasha is back, I intend to make an announcement of the attack, describe the magic used, and announce that this indicates these assassins, these post-Scyllans, are not signatory to the Truces, and have violated them. As far as we are concerned, the Truces of Xarbydis no longer protect us from their malice, and we will defend ourselves against such violations even as we forgo any form of attack that would be contrary to the Truces. Justiciar Còmhall will help you draw up the announcement, and it will appear over my signature."

"How ... how will we defend ourselves?"

"That is to be held closely -- very closely, among us and the Masters of Time to our clan officials," said Teodor. "But Lord Xavien has already proven the efficacy of his mage-blades against these ninja, and that announcement will provide the notification the Truces require to make their deployment permissible. Using them may be questionable, but make no error, I intend for them to be used to defend ourselves against these ninja. Justiciar Còmhall, prepare for me at your earliest convenience your opinion on whether or not such use breaks a strict interpretation of the Truces -- and if it do, I shall repudiate the clause or clauses required. I should hope, however, that will not be necessary. Given that they have already once used magic against us -- in clear violation of the Truces -- we may fairly assume they may do so again should they attack, and I believe that assumption permits us to use them in defense."

"I should hope," Justiciar Còmhall said faintly. "But ..."

"I will not let the Truces of Xarbydis be used against us," Teodor said coldly. "Let that be clear. Ideally, they do not bar us from defense. But if they do -- we will defend ourselves. Oh, I wish Sasha were back ... General Zachiah, once all this is ready, we must alert Lord Winter and our consulars."

"Should we bring in ambassadors to brief them, as well?" the General asked.

"No," said Teodor. "I want this to hold this secret, until we are ready to move. And even when we move, I do not wish to alert our foes to this defense. If they are aware of it, they could blunt it, perhaps decisively. But if we make an announcement, then our neighbors will understand that, whatever our words, we are not unilaterally threatening them with magic -- merely that we are stepping up our internal defense in expectation that the Truces may not restrain our enemy. That will be enough leeway, I think."

"Yes, My Lord," said the General. "I'm glad you've decided to do this."

Teodor nodded his head. "It is a decision, at least." He smiled. "And now, if there is no further business, I propose to sleep."

"You don't want the good news about Zebra?" asked Xavien.

"I do, when you are ready to present it. I rather like the thought of having good news to look forward to, almost as much as the good news itself," Teodor said. "I'm afraid over the past week I've become pessimistic about news, and ... discovered that my pessimism is usually insufficient."

"I think you've done amazingly well. You've been Patriarch for what, seven days?"

"Well into the eighth, at this point" Teodor said with an attempt at humor.

"Cresphontes chose wisely, whatever you think," Xavien said. "I don't know he could have done as well in this chaos you've inherited."

"It's kind of you to say so," sighed Teodor. "He always seemed ... so certain."

"I'm afraid, My Lord, you lack some of the training a warlord would have," Zachiah said. "We learn not only how to make decisions, but how to make them confidently -- how to gauge that we have made the right effort, gathered the right information, and then made to the best of our power a good decision. We learn that no decision is perfect, and we learn that some of our decisions, no matter how much care we take, will turn out to be poor."

"That doesn't help," Teodor said.

"My Lord, you will make decisions that, in hindsight, are bad," Zachiah said. "They're simply part of the job."

"Entirely correct," said Xavien.

"Joy," said Teodor with a yawn. "Lord Xavien, would you release your spell of privacy?"

"Done."

"I look forward to your next update on Zebra, then."

"As do I, My Lord," Xavien said. "And..."

"And? And? How I have come to dread that conjunction!"

"There was one little thing I wanted to bring to your attention."

"It cannot wait until to-morrow?"

"It could," Xavien said, "but it is one of those things that is, ultimately, good news, and I judge it would cheer you up. Eventually."

"Ultimately? Eventually? Why do you hedge this supposedly good news with such qualifiers?" asked Teodor.

"Because ... well, directly after Cresphontes was murdered, in one of my first acts as acting regent, I commanded that every person entering or leaving Lycaili should submit a written page of self-description and business. The page was to be written there and then. Only a holograph would do."

"A holograph letter," Teodor echoed. "Oh, dear ... how many of these holographs are there?"

"Twelve hundred and eighty-three unique holographs over the course of my Regency. I've had them collated and organized for your convenience."

"Lord Xavien," asked Zachiah, "why would the Patriarch want or care about them?"

"Because of a mage-gift I have," sighed Teodor. "Very clever, Xavien. I wish I could say that I wish I had thought of that but all I can think of is the time it's going to take to winnow through them."

"Why would you read them, My Lord?" asked Zachiah.

"Because if the writer was being untruthful in his description, there is an excellent chance I could tell. Which then gives us an idea of just who to look at as foreign agents," Teodor sighed. "At least, I trust that was your thinking."

"It was, My Lord. I had no idea at that time your time would be so precious, or I do not know if I would have done it. I have been vacillating about giving them to you, knowing how busy you are," Xavien admitted. "But ... we have them, and ..."

"And the sooner I start reading them, the sooner we will have a short list of persons to investigate," said Teodor. "No. Nothing has more priority than finding these brigands. I am ready for them now. Send them to me tomorrow. No, give them to General Zachiah, and I'll work out with him how to read them. If I can impose so ..."

"Of course, My Lord," the General said. "Of course. I will see if we can find which are the most promising, and prioritize them appropriately."

"Yes," said Teodor. "Thank you. Excellent plan. Is ... is there anything else?" The gray minotaur looked around the room, almost hopefully. "No? Then I will see you all in the morning."