Three other watchmen and a battered citizen, the wineshop
keeper, mumbled in turn: “lyieldinsteadtoyourhonorsjudg-ment.”
“Herald, speak for the accused,” snapped the judge.
Well, thought Alen, I can try. “Your Honor,” he said, “Chief Elwon’s master does not yield to your honor’s judgment. He is ready to battle the other parties in the dispute or their masters.”
“What insolence is this?” screamed the judge, leaping from his throne. “The barbarous customs of other worlds do not prevail in this court! Who spoke of battle—?” He shut his mouth with a snap, evidently abruptly realizing that he had spoken of battle, in an archaic phrase that harked back to the origins of justice on the planet. The judge sat down again and told Alen, more calmly: “You have mistaken a mere formality. The offer was not made in earnest.” Obviously, he didn’t like the sound of that himself, but he proceeded, “Now say ‘lyieldinsteadtoyourhonorsjudgment’, and we can get on with it. For your information, trial by combat has not been practiced for many generations on our enlightened planet.”
Alen said politely: “Your Honor, I am a stranger to many of the ways of Lyra, but our excellent College and Order of Heralds instructed me well in the underlying principles of your law. I recall that one of your most revered legal maxims declares: “The highest crime against man is murder; the highest crime against man’s society is breach of promise.’ ”
Purpling, the judge snarled: “Are you presuming to bandy law with me, you slippery-tongued foreigner? Are you presuming to accuse me of the high crime of breaking my promise? For your information, a promise consists of an offer to do, or refrain from doing, a thing in return for a consideration. There must be the five elements of promiser, promisee, offer, substance, and consideration.”
“If you will forgive a foreigner,” said Alen, suddenly feeling the ground again under his feet, “I maintain that you offered the parties in the dispute your services in awarding the
victory.”
“An empty argument,” snorted the judge. “Just as an offer with substance from somebody to nobody for a consideration is no promise, or an offer without substance from somebody to somebody for a consideration is no promise, so my offer was no promise, for there was no consideration involved.”
“Your honor, must the consideration be from the ] to the promiser?”
“Of course not. A third party may provide the tion.”
“Then I respectfully maintain that your offer was • since a third party, the government, provided you considerations of salary and position in return for you < your services to the disputants." "Watchmen, clear the room of disinterested peraoBc." the judge hoarsely. While it was being done, Alen swiftly I in the trader and Chief Elwon. Blackbeard grinned at Ike mention of a five-against-one battle royal, and the engjaeer looked alarmed. " .When the doors closed leaving the nine of them in privacy. the judge said bitterly: "Herald, where did you learn such devilish tricks?" Alen told him: "My College and Order instructed me weD. A similar situation existed on a planet called England during an age known as the Victorious. Trial by combat had long been obsolete, there as here, but had never been declared so —there as here. A litigant won a hopeless lawsuit by publishing a challenge to his opponent and appearing at the appointed place in full armor. His opponent ignored the challenge and so lost the suit by default. The English dictator, one Disraeli, hastily summoned his parliament to abolish trial by combat." "And so," mused the judge, "I find myself accused in my own chamber of high crime if I do not permit you five to slash away at each other and decide who won." The wineshop keeper began to blubber that he was a peaceable man and didn't intend to be carved up by that black-bearded, bloodthirsty star-traveler. All he wanted was his money. "Silence!" snapped the judge. "Of course there will be no combat. Will you, shopkeeper, and you watchmen, withdraw if you receive satisfactory financial settlements?" They would. "Herald, you may dicker with them." The four watchmen stood fast by their demand for a hundred credits apiece, and got it. The terrified shopkeeper regained his balance and demanded a thousand. Alen explained