[In their recent confusion in the past weeks, the scribes forgot to transcribe here both this most interesting court case and its outcome. These arguments were made in the Court of the Moon several weeks prior, after the Survivors of the Tel were served a lawsuit by the Bani Barcidae, iqtadars of the Migdol of the Dyers and Fish Fermenters on the coast just north of Cothon-Gadeed. The Gadeedi house Banu al Rashid stood proxy for the Survivors, who as denizens, are not allowed the rights of citizens in the courts of Gadeed. The final decision of the court is posted at bottom, following the respective arguments]
The Case Before the Court
Banu Barraqi (colloquially, the "Barcidae") are suing the Survivors of the Tel for 10,000 gold pieces. They claim that this is both a toll owed them, and damages for injury to their honor (diya). If the Survivors are found liable and cannot pay in full, their members will be sold into slavery
The Survivors of the Tel are arguing for the suit to be thrown out as unjust and unreasonable, and that they should not be liable for any payment to the Barcidae.
The Court of the Moon is to hear the arguments from both sides, and make a final adjudication.
The Court may award the Barcidae the full amount; or acknowledge the Survivors as right, and throw the suit out; or adjudicate a lesser amount, in the interest of a just outcome.
Either side may appeal to let trial-by-combat in the Coreguyi Arena decide the issue at any time, even after the Court renders its decision (It is an open secret that sometimes the Court is used by strong noble houses to bully or ruin those who cannot defend themselves, though acknowledging such would be a breach of decorum)
To the arguments, it is an agreed on fact that while the Survivors were recently crossing the land of the Barcidae they were intercepted by an agent of the Barcidae, who demanded payment of tax for crossing the land, and that this was a new tax. The Survivors did not and have not paid the tax, and the Barcidae have sued in the Court of the Moon for diya.
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| A Bulrathi of the Barcidae |
Argument of Banu Barraqi (the
Barcidae):
The issue at hand is a simple matter: Banu Barraqi, iqtadars of the Migdol of the Dyers as confirmed by the Soufets, have the right to the use and the fruits of their granted iqta'. Shall they be deprived of a simple toll, asked only of those who would cross the breadth of this iqta'? A toll that was instituted merely in response to the increasing crossings hither and yon by barbarians new to the harbor of Cothon, intent on their own obscure purposes and ignorant of our ancient ways. A toll that was refused by these foreigners, flouted boldly when an officer of the Barraqi was sent to intercept yet another crossing!
And more to the point—all ye gathered here, scions of noble Bani, pay heed—can Banu Barraqi allow this slight against their honor go unrequited, unavenged? And can this most august Court of the Moon deny justice to the Barraqi, by refusing the additional diya demanded by the Barraqi of the barbarian so-called Survivors of the Tel?
Indeed who among you, unjustly struck by another free man, would not then draw his blood with your kindjal-dagger? For if a man forbear and allow the stroke go unrequited, then other men will know that he is weak, and he will find himself forever whelmed by others' fists drover-sticks, wherever he goes.
But now having drawn blood, and being haled into this very court, who among you would not defend yourselves thus: “The blow he struck was unjust; I demand his blood in recompense for the bruise he gave me; thus my cut was twice-justified, first as kind for kind, second as recompense paid.” And however the first man wrangled or whinged, whatever sophistries he might spin of blood calling to blood, the court would close their ears to it all, for they had already heard justice in your simple argument.
So now we are here, and Banu Barraqi expects the court to see clearly the justice of our suit for recompense of tolls owed and diya for honor impugned. Ten thousand gold dinars we seek, for there have been many crossings over our land by the Survivors of the Tel and their associates, and our honor is ancient; and the greater the honor, the greater the price for its injury, just as the tooth of a free man is worth a greater diya than the life of a slave. And by defying the rightful use of our own iqta', the Survivors injure our honor.
Ancient indeed is the lineage of Banu Barraqi, iqtadars of the Migdol of the Dyers and Fish Fermenters. When Barqa al Akbar first stepped down to the shore with his brothers to offer his mace and his shield against the howling Kzinti, into his hands was delivered the battle horn of the master of the coastal watchtower by Anushiran the Soufet. That was when the City was itself, and the Harbor had yet to be. [translator's note: literally, “... when Gadeed was gadeed (new), and Cothon no cothon,”, a kind of stock pun for hearkening to the past]
And when Barqa lay down to the long sleep, and his brother Koborg would return the horn to Anushiran, lo! The Soufet did not take it, but confirmed that Koborg should carry it.
And so it was when Koborg died, and Barangar ibn Barqa was clan head, that Hashim-Soufet with his own hands granted the horn of the Migdol to Barqa's son. And after Hashim's term, then Tur-Soufet did confirm Barangar to the Migdol.
Shall I recite the generations? Even now, when his uncle had laid down, Urash abu Taborg, clan head of Banu Barraqi, received the horn of the Migdol from Kisra- and Hannafa-Soufets. And when their term had ended, and our current Soufets, Jubayr and Qamra, took office and received homage, and confirmed or revoked iqta'at according to their wills, they did refuse the horn from Urash's hands, confirming that he should remain iqtadar, even as his ancestors ever have been.
But these so-called Survivors of the Tel, a barbarian mercenary company, how long has their charter been passed down? The company only just sprang into existence during the moon of the Kzin-Moot. The ink on the charter is hardly dried! Shall the mushroom, grown overnight on the root of the towering narpine, be afforded equal attention by the woodsman?
These “Survivors” are always coming and going from the Tel al Safina, carrying strange devices, no doubt upsetting the serudla, the ghosts, and the demons buried within. They traffic with the Attine Klackons! They acquaint themselves with the Kantormen and their distant Hanse, whose ships seek to rival our own great fleets of the Decapolis. Who knows what they're up to? Little wonder that Banu al Rashid looks on them with such favor, deigns to accompany them here to a court meant for citizens, has them hold their cloak hems as clients. Zayda and her niece sometimes seem to show more love to Klackons than to their fellow humans—and to the outsider Attines, no less, not even the Xholda who dwell alongside us in our own city!
Will the court side with these outsiders, and the xenophiles who cover them with their cloak? Banu al Rashid are an old lineage, yes, and well respected; but do they know full well the barbarians and outsiders they succor? Would it be any great surprise one day to discover that great House betrayed by their bedmates, who are so eager to grasp after fortune that they would delve the very haunt of demons and serudla, with no heed to their own place in society?
How then, hearing all this, could the court deny Banu Barraqi their just diya? As I said, the issue at hand is really just a simple matter: Banu Barraqi, ancient and honored iqtadars of the Migdol of the Dyers, only seek payment of their lawfully introduced tolls, and redress in diya for the injury to their ancient honor. Ten thousand gold dinars, to be paid by the Survivors of the Tel, with the penalty of the law in full for foreigners incapable of such payment.
We hope that this most august court recognizes justice, and that we can avoid any appeal to the Coreguyi “court”.
[With this final statement, the orator glances significantly at the entourage of the Bani Barraqi—tremendous Bulrathi, bear-like humanoids, head and shoulders taller than tall men and all thickly muscled. Such warriors would no doubt prove difficult adversaries in the hand-to-hand combat of the Coreguyi arena, if appeal to trial-by-combat be attempted ...]
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Opening Arguments
Friends, it is with a heavy heart, and with great concern for our mother of cities, that we must begin a trial that could very well decide the fates of not only our great houses, but that of all the ten cities. Over this trial you shall see the actions of the Barcidae for what they are. A farce, meant to ruin those they believe unable to defend themselves, but from whom the backbone of our cities was built upon.
For the great heroes of old, Dalan II, One-eyed Goroborg, Taharqu, and countless more, did they not find their place amongst our stories and legends not by being waylaid and detained by false accusations and slander, but by proving themselves in exploration, discovery, and the great wealth they showered upon those who welcomed them home.
The Barcidae, for all their detail and wonder they put into their creations, have lost sight of their origins. They overstep and overextend, and when they trip they grasp at thin accusations to try and recover from their own failings.
Main arguing points
As all things do, let us benign in history. There is no record, posting, or otherwise clear indication that the Barcidae have claimed a toll for those passing over the sands of the Migdol. Of course, they may determine the use of their land, even those who might be allowed upon it, but they have no rights nor obligations to create or enforce any such taxes or tolls to those who cross the sands. We call upon the court to dismiss this case outright, for as much as they might like, the Barcidae have no rights to make these claims.
But if that isn’t enough to put to bed these accusations alone, the amount themselves is entirely absurd. No reasonable tax, once accepted by the dual-cities and brokered into law, would ever expect such exorbitant wealth. It is documented in the many stories of the Survivors that they have only passed across these sands a scant 4 times prior to these accusations, implying the Barcidae believe some insane value of 2,500 gold per crossing. If this is accepted, who is to say they wouldn’t turn this upon the other Great Houses of Gadeed, seeking recompense from their caravans and emissaries sent to the Attines, or further North?
And it is here, in this absurdity, we see the Barcidae’s true intent. For no reasonable Great House would make such an absurd claim if they weren’t desperate. While it is beyond the scope of this trial to speculate what the Barcidae might be hiding and scheming about behind their sequestered Migdol that they would go to such lengths to remove a legitimate organization, recognized by the Bani al-Rashid, House Undorl of the Attine, and the Adventurer-Tavern Cothon-Under-Star, through either bankruptcy or slavery, let there be no doubt amongst you, discerning listeners, the Barcidae are not here for some farcical tax, but for some sinister ulterior motive.
[the advocate of the Survivors here pauses to allow his points to be considered … then he continues:]
We’ve heard the lack of precedent, the absurdity of the whole thing, and taken a moment to consider what reason the Barcidae might have to issue such a derisory claim. Let us now consider the more economical impacts such a tax could have upon the dual-Cities. For, while the Great Houses are surely their own economic powers, they do still rely upon the bustling trade and commerce of the common-man.
Those markets depend on regular infusions of wealth, treasures, and items of wonder from within the Tel. Adventurers don’t just hord wealth unto themselves, no! They build it up and make absurd purchases and investments in our cities. Before this more recent crop of barbarians has taken to their adventures our city was beginning to languish, our trade faltering. Perhaps it was that which caused the pirates to rise, seeing weakness to be exploited.
Regardless, these latest barbarians have infused our great city with new life! For even though they have been active only a few short months, already they have begun investing in new businesses and local commerce. The Ringing Anvil, opened by one Durham, created opportunity for a local, 'Annaz al Tashkili, and his apprentices to further pursue their smithy craft where previously they had been unable. And not due to lack of creativity, just look at some of the tools and wonders they recently designed!
Or this latest opening of Crag Keep. Were it not for adventurers, freely able to move about the Tel, unhindered by taxes, tolls, or roaming bands of thugs, have invested in the once-lost fortress. Securing portions and re-opening the markets there, creating new and potent opportunities for both the Great Houses and the citizens of Gadeed.
And finally, the Survivors of the Tel themselves. Persecuted by the KzinTi during their moot, surviving over a dozen expeditions within the Tel, aiding in the elimination of the Denyan Akho, and supporting the Attines in their fight against the scourge infecting their Sixth House. They have aided our great mother of cities many times in the past. But not only do they provide their strength, they also invest within our community. Forging a reliable and trustworthy adventuring group that the houses of Gadeed, including House al-Rashid and the Bani Dawr, have come to rely upon. In addition to propping up and supporting local businesses, such as the recently founded but unfortunately unsuccessful Society of Lamplighters and Treasure-Bearers, infusing them with much needed gold and support.
All of these things would have been greatly hindered, if not made entirely impossible, by the Barcidae’s proposed taxes. If they are allowed to further this goal, and are given victory in this trial, the Survivors would collapse, and all other current and future adventurer-institutions such as these would shy away from anything that might put them in the spotlight. Perhaps even going so far as to refuse ties with other Great Houses or Citizens, to prevent the public eye that no doubt caused the Barcidae to think they could claim such ridiculous taxes from the Survivors.
Now, I’m sure you’re wondering where the fate of the ten cities fits in here. For, you see, barbarians are, by their very nature, un-tied. These people have no reason to stay here, bringing their triumphs, wealth, and success to our dual-cities. If the Barcidae are allowed to continue as they have, we may see yet another loss of interest in adventures within the Tel. These adventurers may pick up shop, join the next vessel out of town, and take their gold to one of the other ten cities.
You may be thinking, bah, that is irrelevant to us, we are the mother of cities! And you would be right! At least, for a time. But, as these adventurers delve deeper, investigate further, and explore more, they bring back treasures untold. Tools and resources thought lost to the ages. Were another of the Ten Cities to begin receiving these goods, instead of us, it might not be long before they think perhaps they should be the host of the treasury, the collector of taxes, the master of the Ten Cities League. This cannot happen! We cannot let foreigners take control of the league, and we cannot let the Barcidae tax, hinder, or otherwise harass the adventurers who lay their heads in our city!
Closing Arguments
The Barcidae are, as plainly as can be, here for some other reason. They care not for the gold, or these laughable taxes. Do not let their secretive, nefarious goals cause crippling damage to our economy, our Great Houses, and our Citizens. Do not let the Barcidae open the doors for some foreign city to wrest the Ten Cities League from us. Do not let the Barcidae win.
For it is our time. Time for Cothon-Gadeed to rise even further and become greater than ever before. Time for the Citizens and Great Houses of Gadeed to see wealth and prosperity like that of legend and lore. It is the time for the great Mother of Cities to raise up new heroes of legend to join the ranks of Dalan the second, One-eyed Goroborg, and Taharqu, bringing even higher prestige, honor, and power to our already great city!
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The Decision of the Court
Three learned citizens of good standing were selected to arbitrate the case of Barcidae v. the Survivors in the Court. After listening to the orations--first of the Barcidae's house-rhetor as befitted their right as plaintiffs, followed by the arguments of Sesel, Voice of the Survivors, put forward for the defendants by the orator of Banu al Rashid.
The three judges were of different minds concerning the justice of the claims they had heard, but ultimately came to this final decision: the Survivors are found liable for 1000 dinars, as the Barcidae have the right to levy tolls for use of their land, but the full diya claimed by them (10,000 dinars!) was deemed clearly unjust.
Though the Survivors, through the patronage of Banu al Rashid, had the privilege to challenge this (lesser) judgment against them with a trial-by-combat in the Coreguyi Arena, they demurred, allowing the Barcidae their claim of tolls and diya, and quietly paid the 1000 dinars from their treasury.
It is of course widely speculated that this is not the last the Survivors have heard of the Barcidae in the Courts (or in the Arena), but for the moment the Barcidae "graciously" accepted the payment of diya from the Survivors and thence returned to their Migdol over the sands ...
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