When the nephews next entered their uncle’s presence at the Hour of Public Executions, it was in a subdued manner, as to a funeral, for their thoughts were full of that Great Loss, the story of which was in progress. They sat upon the floor before him in due order, and Mahmoud began:

“Upon the dawn that followed that hopeless night, my hopes were again raised, only for my further bitterness and disappointment. I had risen before day and gone out of doors. A chance acquaintance ran across me as I paced aimlessly in the narrow streets of the city, watching the shadows shortening under the rising sun, listening to the clear voices of the water-sellers and to the cries of the mariners at their calling.

“This acquaintance was one learned in the law. Not that he was himself a scrivener, or pleader, still less a judge—on the contrary, he was born wealthy, and those so circumstanced are (in Izmat) very much averse to the tedium of a profession. But in youth he had been compelled by his grandfather to read whole libraries of books upon the legal system of his beloved country, and had further been compelled to pay considerable sums to one of the most renowned pleaders of the day in whose office he had passed three miserable years. Seeing he was so educated, and knowing well my misfortunes, he kindly took me by the arm (I could not help suspecting a certain patronage) and said:

“‘Alas, my poor Mahmoud! How we do all feel for you! And how we respect the way in which you have borne inevitable misfortune! But though I praise you as much as any other for your conduct and resignation, do you not push it a little too far? We, the free inhabitants of this our beloved Izmat, have a most glorious privilege, which is, that not the King himself (the glory of Allah be upon him) has any privilege as against the humblest of his subjects, when it comes to the issue of law. Our judges, as you know, stand above all mortal frailty and are, as we devoutly and firmly believe, filled with the spirit of God Himself. Though His Majesty and his Ministers be your opponents in a case, that case will be decided with serene indifference to the position or wealth or power of the parties. You believe this, do you not?’ he insisted earnestly, for doubts upon so final a doctrine of religion are horrible to the imperial race of Izmat.

“‘Yes, I believe it,’ said I with a sigh, though I confess that my short acquaintance with misfortune had shaken me in many points of loyalty to my new country.

“‘Why, then,’ said he, ‘do you not come into Court with your plaint? Our lawyers have the skill to discover a claim in anything, and you may be sure that all that can be said in your favour would be allowed in the freest manner, and if there is a single loophole, the whole or part of your former fortunes may be restored at whatever cost. For it is a maxim peculiar to our island law that if a case is decided in favour of the plaintiff, then the plaintiff has the decision in his favour.’

“I confess that my acquaintance with the manners and habits of the foreign people among whom I had had the wretched luck to be born had made me think it futile indeed to approach the august judges in a matter where a king was concerned, or to ask relief from State officials for what the State had done to me. He stoutly denied the idea I had that the judges were State officials. Said he: ‘Have you never read the famous oath which every judge makes on taking office? Do you not know how we elect him?’

“‘Yes,’ said I, in tones which betrayed no enthusiasm, ‘I know indeed how the judges are appointed and the oath they take. They are appointed—(how often have I not seen the Firman signed in Council! How often have I not affixed my own poor name to it!)—they are appointed, as the rule goes, “by his Sacred Majesty, that is, by the familiars, the wives, and the secretaries of the Richest Men, indifferently.” Such are the very words of the Statute.’

“‘You answer rightly,’ said my friend, with a noble carriage of his head. ‘Surely so impartial a source of office must make you feel secure! On the odious Mainland the king appoints his own judges: it is a tyranny to which we in Izmat have long refused to submit. Our Monarch is the ruler of free men! He would disdain to influence an appointment. He leaves that to his gentry, and they, in turn, leave it to their women and other dependents. Thus we alone of all nations secure a Bench of judges wholly independent! But there is more: Have you forgotten the oath they take, my friend—the oath they take on appointment?’

“‘No,’ said I, still wearily. ‘I remember it well enough. Indeed, I have it all by heart, for I have read it a hundred times:—“I swear by the Almighty God and by the contents of this book that I will not depart from justice in anything, either for orders, or favours, or personal advantage, or any consideration whatsoever, save in the political interests of my class or family, of the Lawyers’ Guild to which I belong, or for such other considerations as may occur to me.”’

“‘That is right!’ said my friend in triumphant tones. ‘Well, can you want a better guarantee?’

“‘No,’ said I, ‘I suppose not.’

“‘Well, then,’ he cried, rising, ‘let me take you to a friend of mine among the most able Scriveners of the city, and be assured that whatever can be done for you will be done.’

“‘I have no great part of my fortune left,’ said I timidly, rising as he did, but unwilling to follow him.

“‘Fear nothing,’ he returned heartily. ‘Justice in Izmat is not bought and sold. There are, of course, certain necessary fees. But the law compels you to hire no pleader. You can appear yourself in Court. That freedom is one of our great privileges; and, believe me, you will be heard as patiently and directed as honestly as though you were one of the greatest pleaders in the city.’

“Half persuaded by such insistence, I followed my friend to a house where, seated in the midst of commentaries upon the law, of metal boxes containing the shameful secrets of great families and the record of their indebtedness, sat an elderly man, whose face reminded me, I know not why, of a vulture.

“‘I have brought you, Kazib,’ said he, ‘a client. You will recognize him, I think.’

“‘I do, indeed,’ said the Scrivener, rising gravely and bowing to me. ‘He is no less than My Lord the Councillor Mahmoud.’

“‘The title is superfluous now,’ said I a little sadly.

“The Scrivener, however, continued to give it to me in his great courtesy, and when my friend had left us together, I poured out my story. As the more important details fell from my lips my host jotted them down upon a small tablet with a fine quill that he carried. When I had concluded he spoke as follows:

“‘Such a case as yours would appear first in the Court of Sweetmeats.’

“‘Of Sweetmeats?’ said I.

“‘It is an old term,’ said he. ‘We love these historic traditions.’

“‘Exactly,’ I answered humbly.

“‘Well, it would appear, I say, in the Court of Sweetmeats.’

“‘Yes,’ said I.

“‘After it had gone to the Court of Sweetmeats, it would almost certainly be transferred to the Court of Wrecks, Lighthouses and Divorce, or to the Department of Wills.’

“‘Indeed?’ said I.

“‘It is so,’ said the Scrivener. ‘Whichever of these dealt with it, an appeal would lie, of course, to a superior court, which is generally known as the Court of Mules.’

“‘Why is...’ I began.

“‘Oh, sir!’ interrupted the Scrivener, with some impatience, ‘these things are immaterial! We must use such historic names.... From this Court again the appeal would lie, of course, to His Majesty in Council, which is the supreme authority of the land.’

“‘What,’ said I, ‘to His Majesty in Council—the very authors of the injustice?’

“‘Of course,’ said the Scrivener.

“‘But,’ said I, ‘if the verdict is in my favour, what reason should I have for appealing?’

“‘None,’ said he, simply. ‘But your opponents would.’

“‘My opponents are the King and his Council,’ said I.

“‘In quite another aspect,’ said the Scrivener, looking on the ground and falling silent. ‘Under these circumstances,’ said he, after a pause, ‘you will do very well to proceed.’

“‘But,’ said I, ‘in case these appeals ...’

“He waved his hands. ‘We will not talk of appeals yet,’ he said quickly. ‘After all, you lose nothing by first instance. Have you your Charter with you?’

“I said I had, and brought it out for him. He read it slowly, consulted a book for a moment, and then said:

“‘An excellent case!’ (you may judge, my dear nephews, how my heart leapt at these words!) ‘An excellent case!... You have your Charter and its terms are clear. By it there is bound to be paid to you and your heirs for ever the revenue from the Salt Tax, and the issue will lie, I think, upon whether the clause implies payment undiminished and perpetual, or whether the recent Proclamations make a gumbo-rumbo of the original.’

“‘A what?’ said I.

“‘It is a legal term,’ said he, a little wearily, ‘and signifies a mixalum-malory or general contortation.... But let us not at this stage go into technicalities of that sort. We must first state our case.’

“‘Precisely,’ said I.

“‘My own fee,’ said he, ‘is fixed by statute, and I must ask you for ten dinars—a nominal matter.’ With this, before I could stop him, he seized a large metal disc, wet a corner of a parchment, put the disc upon it, struck it with a hammer, and then held out his hand for the fee. Luckily I had my pouch with me, and so, very reluctantly, paid over this first drop of my disastrous leakage.

“‘Good!’ said the Scrivener. ‘We must next ask the opinion of two eminent Pleaders.’

“‘Why?’ said I.

“‘The law demands it,’ said the Scrivener.

“‘But you have already given me yours, and told me it is worth my while to proceed.’

“‘My opinion,’ said the Scrivener, shaking his head vigorously, ‘may serve to guide you, indeed; but it would be altogether irregular to go into court upon that alone. So, I will draw up a statement, as we call it, and have it put before two men of the first standing—it is always better in these cases to use the highest talent. In the long run it is worth while.’

“I asked timidly how much this further step would cost, and was somewhat relieved to learn that fifty dinars to each of these eminent men would be sufficient. He asked me to return on the third day when he would give me the responses; and he particularly reminded me that I should upon that occasion not forget to bring with me at least 150 dinars.

“‘But why the other fifty?’ said I.

“‘Stamps and fees,’ said the Scrivener shortly, and then, with infinite courtesy, dismissed me from his presence.

“On the third day I returned, bearing with me the 150 dinars from my little hoard, which I put upon the Scrivener’s table to save all further difficulties in the matter. He poured the money meditatively into a little metal case, beautifully engraved, and dating, I should say, from the second century of the Flight of the Prophet; it was probably (to my practised eye) of Syrian workmanship.

“‘Here,’ said he, ‘are the responses.’

“‘Have you them written?’ said I.

“‘No,’ said he. ‘We must wait for that. The first Pleader, by name the Most Noble Ghadder, is of the opinion that you have a case founded upon the great principle of our Common Law, of which you, perhaps, as a foreigner, have not heard—it is the principle that “The subjects of the King can suffer no wrong.” But he warns you against relying upon the Statute passed in the first year of His Majesty’s father’s reign, called “A Statute for the Prevention of the Loss of Money by the Rich.” For this has been the subject of so many contradictory decisions that it is a very poor ground. He says, further, that there are certain case precedents which are interesting, and two of which, at least, in his judgment, could be urged upon your side. In one of these it was decided that if a man had more than a certain income no Order or Proclamation should be regarded as capable of prejudicing him or reducing his wealth. The question would thus lie as to whether or no at the time when the first change took place you fell within these limits. The second Pleader is of an exactly opposite opinion. He says ...’

“‘It is enough!’ said I. ‘The first learned Pleader shall be my guide. I am content to hear from him that I have a good case, which doubtless he will continue for me in court.’

“‘What?’ said the Scrivener, in astonishment, ‘do you suppose that such men lend their valuable services in court for fifty dinars?’

“‘Evidently,’ said I, ‘as they have been so kind as to give opinions with such nicety!’

“The Scrivener laughed as heartily as such men can, and begged me to be disabused. ‘These are but the formal stages. The hiring of pleaders is quite another matter. Let me proceed to the second response. The second Pleader, the Most Noble Makhar—who, it may interest you to know, is a negro by descent—we have many such at our Bar, they have marvellous abilities, that strange race—is of an opinion, I say, exactly contrary to the other. He thinks your chance under the Common Law very doubtful. But he thinks you are secure under the Statute passed for the Prevention of Cruelty to the Important—that is its general title—dated from the first year of the reign of His Majesty’s late father. All the cases, he says, are against you; but the general principle of the Statute stands.’

“When I had heard all this I said, ‘Oh!’

“The old Scrivener gazed down at the floor between his feet, where he sat upon his rug, and I gazed down at mine, not knowing what next to say.

“‘My fee for this second interview,’ said he pleasantly, after what he thought was a sufficient interval, ‘is the same as for the first, ten dinars.’

“‘I have not brought them with me,’ I said, having only brought the 150 dinars previously asked for.

“‘It is nothing, My Lord,’ he answered, waving his hand majestically (and again, I thought, as in the case of my friend, with a touch of patronage). ‘We all know and respect your position of late Councillor, and I should be the last to press you.’

“I begged him to wait a moment until I should return. I hurried to my wretched lodgings and quickly came back with the sum which he required. He put it into the little metal box. I thought he was ready to dismiss me, and I was about to ask on what date the case might first be tried, when he said, to my surprise:

“‘But we must first have Pleader’s Opinion.’

“‘But, Great Heavens!’ said I, ‘have we not got it?’

“‘Why, no,’ said he. ‘We have not yet a Pleader’s Opinion. We have, so far, only the Opinion of Pleaders.’

“‘And what in the name of Fatimeh and Katisha is the difference?’

“‘Surely,’ said he, ‘you have heard of the distinction? The Opinion of Pleaders is the verbal response to the Scrivener, but the law requires that another response shall be added in writing, and this we call Pleader’s Opinion.’

“Once more I could find no other commentary but a cry.

“‘And at what cost?’ I moaned in a hollow voice.

“He turned to a written list of fees, then to a special memorandum of his own. He made a short calculation upon an abacus and answered, ‘three hundred dinars.’

“I kept my mouth from blasphemy and asked him when the sum would be required.

“‘It is a mere formality,’ said he, ‘this written opinion, but we must have a record.’

“‘Yes, yes,’ said I.

“‘And I will,’ said he, ‘take the opportunity of obtaining the same before you come again.’

“Once more I returned to my disgusting rooms, took money from my secret hoard and, returning, put into the Scrivener’s hands a little parcel of 300 dinars. He dropped them thoughtfully through his fingers in little streams till they nearly filled his metal box.

“‘It is a pretty box, is it not?’ he said. ‘I took it for a bad debt from one of my clients, who most unfortunately died by his own hand in a fit of melancholy after the most distressing disappointments in his suits at law.’

“‘And as to the date?’ I said.

“‘The date?’ Once more he consulted another document, then clapped his hands for the slave who sat in his outer apartment, and having asked him a question in some incomprehensible jargon, received an answer no less mysterious. Then he turned to me and said: ‘It will come on at some date after the next New Moon but one.’

“‘Cannot I have a precise date?’ said I, for I was thinking anxiously of my diminishing capital and wondering how long I could maintain my poor life before my cash should be completely exhausted.

“‘That is obviously impossible,’ he answered with a touch of indignation, which he evidently thought merited. ‘No man can say how long the cases before yours will last, nor in what order it may please His Holiness the Judge to take them. It will probably come, by the way,’ said he, peering at another list, ‘before His Holiness Benshaitan.’

“With that I left him and waited my call to the Court.

“The time dragged wearily enough. I ate most sparingly and bought no raiment, nor even any game to pass my time, but my little stock dwindled day by day. My hours were spent gazing upon the busy life of the port, or sometimes standing on the edge of the pier and staring out to sea, as though I could read in the distant mainland beyond the horizon some hopes of a better fortune and a life restored. Daily, as the time approached for my case to be heard, as the second New Moon grew with every evening brighter in the last of its crescent, I consulted officials of the Court. I discovered it was customary to give each some small sum of five or six dinars before they would answer a question. It was upon the twelfth day, the moon being nearly full, that the case before mine (which turned upon whether a man without means should owe for a debt or should postpone payment, and had lasted five exciting days,) was concluded. I heard that the precedent created was of the first importance, but would be subject to appeal.

“The sun sank. It was with the morrow that my case was to be called.

“I rose on that eventful day long before dawn. I put on my raiment with the utmost care, after having cleansed it with my own hands to make it as presentable as possible, lest the poverty of my appearance should in some way prejudice me. I had already given notice that I would appear myself; for the fees asked by the Pleaders were quite beyond the poor remnant of my purse. I must confess that I had been strongly dissuaded from such action, but I had no choice. I found a great crowd assembled, for my name was familiar to all through the position I had enjoyed in the past; and it is ever of an absorbing interest to watch the miseries of another.

“I took my seat at a place reserved for me immediately opposite the bench. I noted on my right the Pleaders chosen by the Council, and beyond, among the spectators, not a few of my former colleagues.

“The Pleaders were arranged in the vestments proper to their great function, resembling the priests of a religion, and bearing upon their heads, I noticed, what they never showed outside, a strange headgear of mule skin with twisted hair and long, furry ears. The Judge, I saw, was clothed in the most magnificent cloth of gold, inscribed with the sacred texts and loaded with furs of such rare animals as the sacred Rat, the white Jackal of Thibet, and the Skunk, and bore upon his head a crown, which he lifted three times as a salute to the Court, while all fell prostrate before him, murmuring in a buzz of low, prayerful whispers their praise and incantation to him as the representative of God.

“These ceremonies concluded, there was a bustle of men rising and taking their seats upon the rugs of the court, the Judge himself upon a sort of throne overlooking the whole, and the proceedings began.

“A short man stood in front of the Judge’s throne, who rose and piped in a shrill voice, ‘Mahmoud claims against the King.’ He then sat down, and from sundry pushes and jerks which I received from my friends, including the Scrivener, who was kind enough to accompany me to the Court, I saw that I was expected to rise from my carpet and put my case.

“I said: ‘Your Holiness and Voice of God’ (for such is the formula required, as a kind friend had warned me: and if one word be omitted the culprit is not only forbidden to plead but is thrust into a dungeon of the most noisome kind). ‘Your Holiness,’ I opened, ‘and Voice of God. I had from the King and his Councillors a Charter. It was given me as against one million dinars paid to them in gold by me on such and such a date. I shall show the Charter to you, and you will see there the promise that I am to receive, as against the payment I made, the revenue from the Salt Tax for ever and ever, so long as the State shall endure and the tax be levied. This tax has been in great part remitted, and by special imposts the remaining part has been wiped out. I claim that this Charter gives me the right to the original revenue from the State in full.’ And I then concluded with the magic formula with which my friends had very kindly provided me, ‘and that, Divine One, is my case.’ This formality completed, I sat down.

“I flattered myself I had done well, for all had been told with perfect ease, and, after all, there was nothing more to be said. But before I took my place, cross-legged upon my carpet, I handed up to those who served the Bench my original of the Charter, signed and sealed, the which I had consulted. The Judge rose from the throne where he was seated, put the Charter down carefully upon his throne, sat upon it, and ordered the case to proceed.

“In the chief of the Pleaders upon the other side, I was pleased to see an old guest of mine. He nodded to me familiarly, rose, and opened his statement, beginning, as I did, with the ritual phrase. ‘Your Holiness and Voice of God,’ said he, ‘His Majesty and Council have instructed me. I admit that this is a case of peculiar subtlety and difficulty, nor do I doubt that it will employ many of my colleagues, not only in this Court but in superior courts, for many months to come. Indeed, to my certain knowledge, one of them has recently purchased a marvellous vehicle which travels rapidly of its own act without horses, a foreign invention, in which he would not have invested had he not foreseen the lengthy and lucrative nature of the case. But that is by the way. I only mention it in order to make Your Holiness understand that we have here to settle an issue which indeed could hardly have been brought before any Judge less divine than yourself.’

“There followed for about a quarter of an hour a fine passage upon the majesty of the law and the peculiar gifts and virtues of the Judges. But through the whole of it he insisted in every second sentence upon the gravity of the case and its difficulty. I was flattered and surprised. I had not thought that my opponents would make so much of me; but, on the other hand, I remembered that their payment was at the charge of the public and that every day added to the sum they received. He next touched upon the folly of the Salt Tax, its iniquity, its old-fashionedness, its absurdity, and after an hour of this paused a moment to pull down and smooth the long furry ears of his headgear.

“In the second hour he brought in the very words of the Charter. He first recited them, ‘for ever and for ever, so long as the State shall endure and the salt tax be paid.’ He insisted, with repeated emphasis, upon the word ‘and’. In the third and fourth hours he quoted 150 instances of cases in which this word had completely changed the character of a document, as, for instance, in the famous case known as Abraham’s Will, where the testator left all his property to his beloved wife, Fatimah, and the remainder to her mother. Next, he quoted the case known as the ‘Degree of Dignity,’ when it was ordered that all those apprehended for speaking disrespectfully of the Grand Mufti should be brought into his presence and decapitated. Again (what interested me very much, for it was connected with Money), the terms of the statute, now over one hundred years old, by which the Councillors of the King receive one dinar per day and whatever other sum they see fit to vote themselves out of the taxes.

“It was the word ‘and,’ said he, that made the difference in all these cases. He might call witnesses to show that the word was inserted in the Charter to render the phrase abortive, absurd, nonsensical and altogether of no effect. But, alternatively, supposing that the word ‘and’ but confirmed my case in the decision of His Holiness, then he pleaded that the Charter, having been obtained by a stranger, not a subject of the King, was null and void. Supposing that it were upheld in spite of this, then, alternatively, that I, Mahmoud, was a subject of the King, a native born, and therefore subject to the King’s decisions in Council. Finally, he concluded that in any case I must not win because, if I did, it would make His Majesty’s Council and members thereof look like a fool severally and collectively, than which no more deplorable thing could happen to the State. Further, even if His Holiness should decide that it mattered not a rusty nail whether the Council were made to look fools or no, there was, anyhow, no money to pay me. This established a default contumax and a discharge in alias of the second degree. I give his exact words, for I noted them at the time, and could guess vaguely that they must be of grave import. When he got so far I noticed a great commotion among his colleagues. Every man in court wore an expression of strained attention mixed with admiration, and the Judge himself could not withhold from his august features something of the same tribute to this Genius of Debate.

“‘Note also, Your Holiness,’ continued the Pleader, wagging his arched forefinger (which was long and pointed) very significantly in the air, ‘the contumax in advert to subvert ... and the same regardant.’ He added in a sort of sneering tone: ‘I will not weary the Court with that’ (I could see that the Judge nodded), ‘but even the plaintiff, learned as he is in the law, will admit,’ and here he turned and addressed me with a very contemptuous expression, ‘that plevin would not obtain in the case of recognisance, or at any rate in the defection thereof would be docketed as an endorsement pursuant. An endorsement pursuant would stand void,’ he continued, with a renewed interest in his tone (he now excited a feverish attention in his audience), ‘for that is in the very foundation, I take it, of our law of terce and perinomy and has been upheld by a long succession of your Holiness’s predecessors from the origins of our Sacred Lawyers’ Guild.’

“Here again I thought I noticed the trace of an uncertain nod from the august figure upon the bench. ‘It comes, therefore,’ concluded this eloquent man, ‘in plain words, to this: we rely on the terms general, and the reference particular, each interconnected, and certainly maintain that guaranty lies overt.’ Here he stopped dead, and then added in simple and lower tones: ‘That is my case.’ Then he sat down. I am told it was one of the most marvellous efforts in all the history of the Lawyers’ Guild.

“Applause may be permitted even in the Mosque or the most sacred of Shrines, but not in the august presence of the law. Yet it was with difficulty that the enraptured pleaders present, the scriveners and their attendants, could forbear from open praise. A man whom I did not know and who sat next to me, cross-legged, upon his mat, one of the pleaders, I think (for he also wore the mule skin with long, furry ears upon his head), muttered to me that it was the finest opening he had heard since Achmet had opened for the Sheik-ul-Musrim in the Oyster Case, and that was saying a great deal.

“When this great Pleader had sat down there was a complete silence in court, which lasted for some time and seemed to me a little embarrassing. At last I perceived that I was in some way the object of too much attention, and my friend the Scrivener leant over with the suggestion that I should call my witnesses. ‘But I have none,’ whispered I over my shoulder in great trepidation. ‘I have my Charter. That is enough, is it not?’

“The Scrivener shrugged his shoulders as though in despair, and left me to my fate.

“Then was it that I heard the voice of the great Judge booming into my ears. ‘What evidence is there for the plaintiff?’

“I rose trembling. ‘I have given you all I have, Your Holiness.’

“‘You have given me none,’ thundered that tremendous personage. ‘All you have done is to make an opening plea.’

“‘I thought,’ stammered I, ‘that I had stated all that I had to state.’

“The Judge glanced round at his fellow lawyers with a look of despair, then leaning forward, with a sort of tenderness in his tone, he said: ‘Be good enough to mount the Sacred Stool reserved for the witnesses.’ With that a little block of wood was brought forward, and upon it I mounted, and so stood conscious and foolish before the Court.

“His Holiness the Judge leaned back on his throne and surveyed me with the contempt I deserved, nor did he repress the little titter that ran through the assembly. An official squatted in front of the throne put a scroll into my hand, bade me put it to my forehead and repeat after him certain words, the sense of which I lost in my perturbation. But I did as I was bidden. After that I remained dumb. ‘Well,’ said His Holiness, sharply, after a long pause, ‘how much longer are we to wait?’

“‘Pray, your Godship, what would you have?’ said I.

“‘I would have your evidence,’ said the Judge.

“‘I have no evidence to give,’ I tremblingly replied, ‘save what you have already heard.’

“‘I have heard none,’ said he, and again the titter went round the court.

“Moved to action, I repeated exactly what I had said before, that the words were what they were in the Charter, the clause was what it was. I repeated it point by point.

“The Judge turned to the Pleader who had just sat down and said: ‘Now, brother Selim,’ whereupon my former friend and guest rose, looked me up and down in a very offensive manner from head to foot three or four times, and cried:

“‘You drunken scoundrel! Do you still maintain the abominable falsehood which you have had the insolence to lay before the Court?’

“I said there was no falsehood, but the truth.

“‘The truth!’ he sneered. ‘Remember, pray, that you have taken an oath in the name of the Scroll, and trivial as this may seem to a man of your depraved character, others take the matter more seriously.’

“I stood silent under the rebuke and waited his further words.

“‘Well, well,’ said he suddenly, ‘where were you half an hour after sunrise on the fourth day of the Fast of Ramadan in the three hundred and seventh year from the Flight of the Prophet?’

“As I stood aghast at the question, he touched one hand significantly with the finger of the other and said, ‘I do not wish to press you.’

“‘I have not the least idea,’ said I.

“The Pleader glanced significantly at the Judge and then continued:

“‘You haven’t the least idea? Can you tell me approximately where you were?’

“‘No, I cannot,’ said I. ‘It is very long ago, and I was but a young and innocent child.’

“Here the Judge interrupted me sharply: ‘We are not concerned with your young and innocent childhood. Answer the question, if you please, and make no speeches.’

“The Pleader consulted his notes, looked up to me again and said: ‘You have told us the Charter was signed in your presence and delivered over to you.’

“‘Yes,’ said I.

“‘Don’t answer,’ interrupted His Holiness, sharply, ‘until you are asked a question.’

“‘No,’ said I.

“‘Take great care, witness,’ said His Holiness in a menacing voice. ‘Take very great care!’

“‘Thank You, your Holiness,’ said the Pleader. ‘And now, sir,’ said he, addressing me in a very firm tone indeed, as though he had caught red-handed some thief creeping in to his household, ‘will you please tell us where is that Charter now? Can you produce it?’

“‘His Holiness is sitting on it,’ said I, simply.

“Here the Judge almost rose from his throne, so strongly was he moved.

“‘Were you not a layman and naturally ignorant of the forms of the Court, I should condemn you to some very severe penalty,’ said he. ‘I make allowance for your lack of custom; but I warn you, you may go too far.’

“‘I will pass over the last remark, witness,’ continued the Pleader in dignified tones. ‘I think you were not quite yourself when you made it. Will you be good enough to answer my question? Where is the Charter now?’

“‘Well,’ said I, all bewildered, ‘I handed it up for His Holiness to see what my case was, and to the best of my belief he——’

“‘Silence,’ thundered the Judge. ‘Brother Selim, I am afraid we shall get no further on this tack. The witness evidently does not or will not understand your drift. Allow me to ask him a question.’ He then turned with a sort of false kindness upon his face and said to me in measured tones: ‘What we want to know is, where is the Charter upon which you claim?’

“‘I put it into Court ...’ I began.

“At this the Judge gave a little gesture of despair and sighed. Then he spoke.

“‘It is a principle of the law of this country,’ said His Holiness, leaning back in apparent weariness as though he were instructing a child, ‘I should have thought a principle known even to the meanest of His Majesty’s subjects, that a document must be proved. Have you proved the Charter of which you speak?’

“‘I don’t know what you mean, Your Holiness,’ said I, in very genuine fear.

“The Judge leaned forward towards me and said in measured tones: ‘Remember that I am treating you leniently. I am doing what I can for you, I understand the difficulty of your position. Take care! Take very great care! Brother Selim, have you any other questions to ask?’

“‘I have one or two of some consequence, if I may be allowed, Your Holiness?’

“‘Certainly, brother Selim. Pray continue. We are all ears.’

“The Pleader cleared his throat, again consulted his notes, looked up to me and said: ‘What were your earnings in games of hazard during the year concluding with the opening of the last Feast of Ramadan?’

“I answered that I had no exact calculation, but that I had small stomach for such pastimes, and might have won or lost anything between one hundred and two hundred dinars.

“‘Take care, take very great care!’ said His Holiness, addressing me again.

“‘Between one or two hundred dinars,’ said the Pleader, in a musing sort of voice, and I noticed that the Judge was taking a note of my reply. ‘Now be good enough, you base fellow, to answer me this—and remember you are upon your oath—have you been in the habit of cheating at cards, loading dice, stacking packs, palming coins, and in other ways overreaching those who joined you in what they thought to be an innocent amusement?’

“I was about to reply when he again thundered at me: ‘Remember you are upon your oath,’ and His Holiness was moved to add:

“‘Take care, witness, take very great care!’

“‘No,’ said I.

“At this moment I was astonished to see everybody, including the Pleader, sit down suddenly, cross-legged, upon the floor, while I stood there upon my little block of wood, most terribly conspicuous. It was due to a gesture from the Judge.

“‘So far,’ said he, in a solemn and majestic manner, ‘I have allowed things to take their course, because, as I have said, every latitude must be allowed to one who is foolish enough to plead his own case. But the dignity of His Majesty’s Court forbids me to be silent upon hearing this last reply to a question of the most profound and searching kind, requiring an adequate reply. The witness has insolently answered “No”.’ He then turned to me and said, with a severity that thrilled me to the marrow: ‘This is a Civil Court; but remember, sir,’ and here he raised his voice in a very terrible manner, ‘I can impound documents and present all that you have said to the Lord Prosecutor.’

“‘Yes, Your Holiness,’ said I, now thoroughly at sea.

“‘Proceed,’ said the Judge, simply, to the Pleader.

“‘I have only one more question to ask,’ said the Pleader.

“‘Proceed, proceed, brother Selim,’ said the Judge with geniality.

“‘Do you or do you not suffer from the itch?’

“‘My lord,’ said I, ‘am I really to reply to——’

“His Holiness interrupted me with a violence which I little expected from one in so exalted a position. ‘Answer the question!’ he shouted, ‘answer the question at once!’

“‘Well,’ said I, ‘to tell the truth, I have some little affection of the sole of my left foot, but I conceive that with careful attention and proper medical advice——’

“‘That will do,’ said the Pleader, putting up his hand. ‘We have heard all we need to hear,’ and he sat down again upon his mat.

“‘Any rebulgence?’ said His Holiness, looking round with a pleasant smile upon all assembled.

“I had no idea what was meant, but my friend the Scrivener passed me up a little note, saying, ‘Do you carefully re-examine yourself so as to undo the effect of this terrible cross-examination.’

“It was all Greek to me, but grasping at a straw I addressed His Holiness, and said:

“‘Oh, Voice of God and Justice upon earth! I would like to ask myself certain questions.’

“‘By all means,’ said he graciously. ‘Let me inform you what is the custom of the Court. You have first to stand and ask yourself the question; you shall then stand up again and reply to it.’

“Kneeling, I struck the pavement of the court three times with my forehead as is the custom, and rising again turned towards the empty space upon the little block of wood and said:

“‘Now, witness, remember you are upon your oath; did you or did you not receive the Charter from the King and his Council in the terms you have mentioned?’

“I then leapt upon the little block of wood and turning to the place I had just occupied, I said:

“‘I did.’

“I then jumped down again (luckily I was still a young man and the exercise did not affect me or cause me loss of breath) and I asked:

“‘What did you do with that document?’

“I leapt upon the little block of wood again and turned to the place I had just occupied and answered:

“‘I brought it into court.’

“Once more did I take up my place on the floor, standing beneath the little block of wood.

“‘Having brought it into court, what did you do with it?’

“I returned to my little block of wood, faced the place I had just occupied and said:

“‘I handed it up to His Holiness.’

“The Judge then spoke. ‘I have had enough of this and I refuse to waste the time of the Court longer. It is in my power to condemn you to the King’s dungeons for ever, and I may say that never in my long experience of our august Courts have I come across anything to parallel your repeated insolence. I have already told you that you have not proved your document and therefore for the purposes of this Court it does not exist. Stand down.’

“The words ‘stand down’ signify in the technical language of this great people ‘sit down,’ and can only be disobeyed under the most fearful penalties. I at once obeyed and resumed my place cross-legged upon the mat.

“The Judge was now free to give his decision, but first he turned to the Pleader who had opposed me and said in the most genial tones:

“‘Brother Selim, you have, I take it, proved your document, especially the word “and”?’

“‘Oh, yes, my lord,’ answered he, in a satisfied manner. ‘I have further interpleaded for secondary and excised the four principal terminants, all of which are duly stamped, passed, filed, recorded, exuded, denoted, permuted, polluted and redeemed.’ To each of these words the Judge nodded with greater and greater content, and then asked:

“‘Do you call any further witnesses, brother Selim?’

“‘I call none,’ replied the eminent man, ‘for if I do the vile plaintiff would have an opportunity of cross-examining them and that would give away my whole case.’

“‘I think you have done wisely,’ said His Holiness, by way of an obiter dictum. ‘Things shall therefore turn upon the Charter alone.’ With these words I perceived by the rustle all about me that the last phase of the trial had come and that my fate was sealed. I thought I had observed in the manner of its conduct I will not say a bias, but a sort of atmosphere unfavourable to my claims; for though it was impossible to conceive that any personal or other feeling could affect His Holiness’s mind, yet I dreaded his decision. None the less I awaited that decision with some interest, for, after all, nothing is certain until it is concluded.

“The judge put down his crown, assumed a headgear which resembled that of the Special Pleaders but gilded, and with the interior of the long furry ears carefully painted in silver by way of contrast; for such the Custom of the Law demands when a decision is about to be delivered.

“He spoke:

“‘From the evidence that has been laid before me it is clear that there exists, or has existed, will exist, or may exist, or can exist or at some other time existed, demurrer notwithstanding, some Charter wherein the word AND is the point at issue. That form was admitted by the defence, I think?’ All the Pleaders rose and bowed and then again were seated upon their carpets. ‘But I gather’ (and here he looked sternly at me) ‘that there was no acceptance by the Plaintiff. We have, I take it, an operative clause wherein the operative word is AND. “And so long as the salt tax endures.” Many points brought forward in defence of the Crown I am compelled to overlook. It is the glory of our courts of justice that they exercise an absolutely even-handed dealing between man and man, and that His Majesty himself is bound by their decisions.’ (Here there was a murmur of applause which was instantly suppressed.) ‘I make therefore so bold as to say that the Counsel engaged by his Majesty on this occasion have said many things with which I do not agree and others which I shall not take into account. It is equally clear that the case presented by the Plaintiff is, as he put it, no case at all, and that were I to rely, as I shall not, upon the strict forms of law, he is already out of Court.’ At this all looked severely on me and I felt my stature singularly diminished, and crouched lower upon my mat. His Holiness continued:

“‘I shall treat this matter as though I had heard no pleadings upon either side, for this I take to be the true attitude of a judge concerned with justice alone. We have, then, this operative “AND ...” this decisive word “AND.”’ Here His Holiness leaned back on his throne, cast his eyes upwards towards the rich arabesques of the ceiling, sighed and continued:

“‘The word AND is among the most significant of our ancient, glorious language. It has been used upon innumerable occasions. Our industrial classes, our nobility and even our middle classes, as well as the poor in their humble station, are compelled to its continual expression. It is, if I may so express myself, part of the heritage of our race. He would indeed be poor in spirit, and weak in his allegiance to the imperial traditions of this island,’ continued His Holiness, warming to his subject, ‘did he not appreciate the majesty, the significance, the grandeur upon occasions, the full effect and indeed the awful weight of this little word,’ and here he dropped his voice, AND ‘“And so long as the salt tax ...” etc. That is the point. And ... I trust I have made myself clear.’

“All heads nodded in unison, while a song in adoration of His Holiness was sung by an acolyte who entered at this stage of the proceedings (as is customary in courts of law), and a hidden chorus, distant, but just heard, added a short canticle of praise. His Holiness waited for the conclusion of these ceremonies, which are invariably interpolated during any important judgment, and then continued:

“‘And so long,’ ‘What is the significance of that word “AND”? I take it that it is affirmative, negative, copulative and restrictive; but that is—not all. I think it is also constructive, instructive, and destructive. It is only by using it in all these ways that we can fully appreciate its preponderant significance in the issue before us.’ Once more all heads nodded and even I was constrained to follow the custom, although, in my ignorance, I could make neither head nor tail of the learned argument. The lawyers present bore a look of such intense absorption that one would have thought their lives depended on what was to come.

“‘The Plaintiff in reciting the clause,’ said His Holiness quite suddenly, ‘emphasized a very singular phrase “for ever and for ever,” and also those other words, “so long as the state endures,” but I noticed a curious hesitation upon his part when he came to this word AND.’

“Here some one in the back of the court yawned in so audible a manner that there was a sudden interruption signalling an ejection, and I learned later that the unfortunate man had perished as he deserved.

“‘I appreciate fully,’ continued the Judge, ‘that my decision will, subject to appeal, determine in great part the future of this ancient State. Since we are destined soon to acquire and administer the whole world it may be said that my humble remarks upon this occasion will deflect the history of the human race itself. No one can be insensitive to such a responsibility. My duty is clear. The word “AND,” standing as it does between the first and second parts of the phrase on which is based Plaintiff’s claim under the Charter, clearly determines that claim. But to determine is to terminate. The Plaintiff has therefore no rights here, in the sense of the word “rights” as used by the august body of our Statute and Common Law. He is at the mercy of the Crown, and his claim is disallowed. He may think himself lucky that I have not taken advantage of my full powers and had him whipped at the cart’s tail or thrown down a well. Let record be made and all adjudged as decided.’ With this His Holiness majestically rose, granted a benediction to the kneeling multitude, and was about to leave the Court when the Pleader Selim interrupted with the words:

“‘What about costs, your Godship?’

“‘With the Judgment,’ said the judge wearily over his shoulder; and I noticed to my dismay ten pens busily scribbling and wondered what was coming next.

“Indeed I was weary of the whole affair and desired nothing better than to hide my humble head in my poor lodging and on the morrow with what was left of my poor little hoard—at the most 400 dinars—to leave for the mainland, and there with this tiny capital attempt to reconstruct my fortunes.

“It was not to be as I imagined. Even as I approached the door of the Court I was approached by the Pleader Selim, who repeated that phrase hitherto meaningless, ‘What about costs?’ and found I might not depart from the building till I had provided 350 dinars, leaving me with exactly fifty to face the world! Luckily I had my pouch upon me. I hurriedly counted out this last poor remainder of my wealth; then, fearing to return to my lodging (the rent of which I could no longer discharge) I paced hopelessly along the quays through the evening and on through the darkness, until, about midnight, I espied a master mariner about to board his vessel.

“‘For what sum,’ I asked him, ‘will you take me on deck to the mainland?’

“‘It is a hundred dinars,’ he said roughly.

“‘I have it not,’ I answered. My stomach was already clamouring for food. ‘I have but fifty dinars, and some part of that I must reserve for my nourishment lest I perish before reaching land.’

“‘Well,’ said he a little less roughly but with no humanity in his tone, ‘you may crawl up forward among the cordage if you like and give me forty-five of your coins; the five you shall keep to feed yourself with when you land.’

“I thanked him humbly for his unexpected kindness. I tried to find some warmth in the chilly night, huddled amid coils of rope on the little deck forward. At dawn the last of the crew came aboard, two great sails were hoisted and we passed out upon the sea.

“Before the sun was high we had dropped over the horizon, and left behind us the palaces of the land where I had thought to find security and repose. There I was, I who had so lately had the world at my disposal, a beggar, hopeless for the coming days, and wondering where on my landing I should find food to keep me living for a week together.”

As Mahmoud was concluding there rose a loud wail, piercing and prolonged which startled him and all the file of boys aligned cross-legged before him upon the floor. It proceeded from the youngest of the nephews.

“What is it, my little fellow?” said his uncle in real alarm.

“Ah! Ah!” sobbed out the poor infant. “Lost! lost! All lost! All that lovely money lost! I cannot bear it, uncle. I cannot bear it!” and he burst into floods of tears.

“For heaven’s sake,” said the old man, rolling upon his seat in his concern for the child, “do not take on so! There is no cause for such a bother. You make too much of it. It is but part of a tale. Do you not see how I have been restored to great fortune? Are you not in this palace of mine with all my slaves around you? and splendid hangings upon the wall? Come, look about you and do not mix up these words of the past with real things that you can touch and see to-day.”

The little boy tried to stifle his sobs, but they returned with increased violence.

“Oh, uncle, to think that you, who had been so rich, should become so poor; to think that those who gain great wealth cannot keep it for ever! Consider all your wealth! Oh, it is terrible, the death and destruction of it!” Throwing himself down upon the marble floor he buried his face in his crossed arms and kicked either foot alternately in the air, in the violent paroxysm of his grief.

His uncle was so moved that he knelt beside the child to soothe him.

“Pray, pray, restrain yourself,” he said. “You will do yourself some hurt. I admire you, my dear boy, I perceive your singular gifts. More than all your elder brothers do you seem to know that which the young should seek in life. You understand indeed what others do not always, all that money means. But it is terrible to see one of your age suffering such agonies from a mere recital of its loss. Indeed, I am moved to console you,” here the old man was tempted to put his hand into his pouch and offer some small coin in consolation to the child, but he recollected himself and continued, “to console you with a pleasant draft of cold water, which I am afraid I forgot to tender to you and your brothers when I last had the pleasure of your attendance.”

The little fellow sat up, still sobbing, but attempting to dry his eyes and moaning from time to time “All that money! All that lovely money!”

Pure, cold, crystal water was brought round and gratefully sipped by the boys, who when they had thus refreshed themselves at their uncle’s expense, thanked him warmly and disappeared with reverence from his presence just at the moment when the voice of the Muezzin was heard from a neighbouring minaret boring the Faithful to tears with its repeated call to prayer.