Heir to a Title Chapter 22

When they arrived at the Heraldic courts, Callie was mildly surprised that the College of Heralds took the case so seriously. If she was honest, she thought the whole palaver to be something of an anachronism except for the very real fact that her historic dukedom ensured her title to, and ownership of a very substantial estate. This was not only the Denton great house and the surrounding lands of forestry, moors and arable farms but it also included a substantial chunks of the cities of York and Leeds. Property and the income it secured, Callie told herself, was the real issue behind Ferrety Denton's claim.

From her perspective it seemed an open and shut case except of course for the properties and their incomes. Whenever there was the slightest whiff of money in the air, lawyers were almost certain to come sniffing like rats. Ferrety Denton's ducal challenge would have been considered 'frivolous' in a conventional court except for the land issues. The merest clink of coin would set their ears up like a cat to the click of the refrigerator door. Consequently Callie couldn't help exercising her mind over the issues.

'What were the issues?' she kept asking herself. 'Yes' she admitted to herself 'she did live as a 'female' but that was a life choice issue based upon how she felt about herself and where she anticipated her future life might take her. Legally, and indeed, medically she was still presently deemed to be male. It was only in the psychiatric spectrum that her gender identity was currently a question and only then, when using the traditional arguments. In modern medicine gender dysphoria was not seen as a seriously disabling
condition.

'But heraldry was all about traditions.' and Callie knew this well so she felt there was still an infinitesimally small chance of Ferrety Denton's arguments gaining purchase at the hearing. Consequently that tiny uncertainty left her worried and perplexed. She went into the chamber feeling uncertain.

In the first part of the morning the issues were laid out by the court president and then the legal arguments were presented by Ferrety Denton's lawyers.

Eventually a scheduled coffee break arrived at mid-morning and Callie was glad she could slip away to the lavatory. The tensions had left their mark on her bladder.

When she returned to the dining hall she found her nan, mum and the legal team engrossed in conversation around a table with no more space available. She decided to sit alone and paused momentarily before spying an unoccupied table. As she made towards it, she accidentally bumped into the Earl Marshall who was also approaching the same isolated table with just two chairs. It was nestled almost invisibly in a deep alcove by the corner window.

Having been deeply pre-occupied with the transgender questions, Callie was not looking where she was going as she hurried to gain the isolated seat. She stepped too quickly around a large pillar and nearly dropped her coffee as she almost collided with the Earl Marshall who had been invisible to her behind the pillar. She just managed to swerve away without spilling it.

She had apologised to him and he smiled at her as any man might at a pretty young girl. Like any woman, Callie adopted a neutral female smile as a sort of defence. It was not a welcoming smile for she was afraid of inviting accusations of trying to influence the court president. After smiling courteously and offering her apology, Callie sidled away and successfully gained the secluded table she had been aiming for. There she took her seat in anticipation of enjoying a fairly private coffee without any interruptions. It was not to be however, for the Earl Marshall chose to join her at her table. Uncertain of his intentions Callie tried to ignore the approach without causing offence but to her surprise it was the Earl Marshall who spoke first.

“Well young man, how are you feeling about this case? Not nervous I hope.”

Callie was nervous but not about her case. She was surprised to find the president of the court in the communal dining area and she wondered if it was legally proper for the court president to approach her. However she answered honestly.

“Yes sir, I am a bit; am I allowed to talk to you like this?”

“I am not the court young man, I'm just the president, those people sat at the long table over there are the college of heralds and they are equivalent of jurors in a civil court. This is not like a crown court, I am not the equivalent of a high-court judge and I'm allowed to talk to the claimant and defendants. Do you understand that?”

“Not completely sir. I genuinely thought it functioned like a normal court of law.”

“Oh no, it's different in several ways. This is the court of heralds not a court of law.

Oh and by the way, I'm in two minds about your having come dressed as a female, however it will add a certain frisson to proceedings and force the court to confront the very real issues surrounding transgender-ism in general - and yours in particular.”

Callie nodded and explained her reasoning.

“I dressed this way to do exactly that. There's no point in trying to hide my transgender-ism if, at some later date, the court believes I was trying somehow to deceive it. All the documents I have presented to the court have declared me to be male but I have made no secret of my transgender condition.”

“Indeed young man.; and consequently I have to address you as a man because that's what's in the court documents. Your courage is very commendable.”

Callie nodded and hesitated as she looked uncertainly about her; then she saw the ferret stand up and walk to the lavatory. She seized her opportunity while the ferret was relieving himself.

“Earl Marshall, can I ask a general question?”

“Go ahead your grace.”

His form of address took her back a bit.

“I don't think I'm eligible for that title yet sir, I'm still a minor.”

“I used it informally Callum. Every juror at this court holds noble rank. Currently, you are still technically the owner of the Duchy of Denton.”

Callie digested this and deemed it to be very strange in such modern times so she pressed the question that had been bothering her from the beginning.

“Tell me Earl Marshal, why is the heraldic court taking this case so seriously.”

The Earl Marshall nodded sagely.

“Quite simply Callum, it's something of a test case and there are several issues to resolve.

Firstly, this hearing will establish new 'case law' within the compass of heraldic law and this new act of succession concerning the new rule of 'first born' instead of 'first male-born'. Remember, in England and Wales, the rule of male primogeniture has existed since the Norman invasion of 1066.

Secondly, and furthermore, I have to add that your transgender issue has become an important factor because Mr Denton and modern medicine make it so. Consequently, because it has, the College of Heralds were keen to use your case to resolve several latter-day issues surrounding the advent of transgender-ism.”

“Oh, I see. Just like in civil or criminal law.” Callum concluded.

“Well on this occasion, it mostly resembles civil law where disputes can get complicated.” The Earl Marshall elaborated. “Criminal law does not usually apply here because criminal cases tend to be pretty much cut-and-dried by comparison to civil law.”

“Ah. I see.” Callie nodded.

“Are you interested in Law?” The Earl Marshall pressed.

“Only insofar as most young people are– you know – keen to see justice done and stuff.”

“Well that's commendable lad.” The Earl Marshall continued. “Now for the purposes of this hearing it is necessary that we continue to deem you a male. If perchance you had transitioned and undergone full 'GRS', prior to this hearing, the case might have been more complex. Your great uncle might have won. Unfortunately his impatience and 'dare-I-say-it', his greed, have virtually destroyed his case. I will confess here and now that you've probably won the legal argument but we have to go through the motions. Just one question I will have to ask when we are back in there, -Are you going to transition at a later date-?”

Callie frowned uncertainly.

“To tell the truth, I'm not entirely certain. At the moment, I'm happy just expressing myself and presenting myself as a female but heaven knows how I'll feel in a few years time. It could all change and I might choose to have surgery.”

“Well, the law can't be applied retroactively so neither you nor James Denton nor indeed this court, can act upon some future uncertainty.

However, your great uncle might be entirely within his rights to make another claim later on if you do transition and don't father a child – male or female-, because his son, your second cousin, was the heir presumptive prior to the new succession laws. Now you see why we have to think hard and act slowly in this. Come on, coffee-break is over, lets return to the chamber.”

Callie followed the Earl Marshall back into the chamber and she received several curious looks from the interested parties. Not least from the Ferret who's curiosity became suspicion as his look turned to a glare. The Earl Marshall sensed this and immediately declared the innocence of his meeting.

“Gentlemen I must declare that I met Callum Denton during the coffee -break and he asked me a question because he was ignorant of the law. I gave him my answer and I can assure the court we only discussed the law and how it might have affected the claim. No deals were struck and no decisions were made. I advised him about my understanding of current law but it is up to this heraldic court to make the final decisions. So shall we proceed with the hearings.”

Immediately James Denton expressed his dissatisfaction with the Earl Marshall's statement and demanded to know exactly what was discussed. The Earl Marshall patiently recalled as much of the conversation as he could and allowed the Ferret and his counsel to cross examine both himself, as the president of the court, and Callie. The heraldic court is not and never was the same as a civil or criminal court.

Once again James Denton allowed his abrasive nature to rub people up the wrong way and he eventually incurred the distaste of the jurors of the court. However, this did not become apparent until the final arguments were being debated. In the final judgement, several 'ground-breaking' protocols were established.

All the members of the heraldic court decided unanimously that Callum was entitled to keep his title but they allowed The Ferret leave to appeal in the event of Callum transitioning and/or failing to produce an heir. The question of Callum using in-vitro fertilisation to produce a child was declared legitimate because the court had accepted modern medical science as it affected 'legitimacy'. Legitimacy was to be accepted on the basis of DNA confirmation and this further cleared up any issues that might be raised later on.

The matter of same-sex marriage was declared immaterial to the case because it was now universally accepted and legal within the realm of the court's jurisdictions in England and Wales. One peculiar anomaly surfaced however inasmuch as the court of heralds required that Callum be legally married to the mother of his child irrespective of the mode of fertilisation or the gender statuses of the partners. Legitimacy was still counted dear by the ancient Heraldic Court.

The upshot of the hearing was that for all practical purposes, Callie had defended her title successfully. More importantly, the Denton land and estates were secured in her possession as well. When Callie and her family left the court they failed to see the bitterness in James Denton's eyes as he slipped away down a side alley.

Sociopaths are notorious for having little or no forgiveness, especially if they feel they have been wronged, defrauded or slighted. Often they will stop at little or nothing to get revenge or in some other way put things right as they see it.

James Denton was a sociopath.

~~oo000oo~~