Evolution
When the Dark Lord fell, Lucius knew that he would have to change his ways. The ideals of blood purity were dead now, but for someone raised to venerate and protect those ideals, he knew it would be difficult to change. Before he could dwell on it much longer, he and Narcissa were searching the school, hoping to find their son; to be sure he truly was alive. If not Draco, there would be nothing left for Lucius and Narcissa to live for.
They found him, sitting on the stairs, nursing a bloodied nose and fighting back tears. A proper Malfoy man, he refused to cry. He saw his parents for only a brief moment before they engulfed his entire field of vision, embracing him tightly. When they finally released him from their arms, he looked at them both, and seeing the pain and confusion in his father's face, he turned to his mother. "What do we do now?" he asked.
She wasn't completely sure how to answer. The whole world was on the brink of a massive shift, a change away from everything they had ever known and believed. There was no guarantee that they would even have a future. The Malfoys were known, now, to have hosted the Dark Lord in their own home, despite Narcissa's wishes to the contrary. Lucius and Draco were known to have taken the Mark. She looked her son in the eye, and breathed deeply.
"We hold our heads high. We hope and pray to whatever deity might listen for some modicum of mercy and compassion, for the chance to start over. I know it will be difficult to change, but if we get our third chance, we will have to play by the rules and change our attitudes and values accordingly."
The Malfoys, along with the other surviving assailants of Hogwarts, had been assembled in front of the ruins of the Great Hall; in front of the bodies of the dead. Narcissa witnessed grieving parents and siblings, and spied Bellatrix, still lying where she had fallen. There was a twinge of anger at this, but it passed. Nearly a fifth of the dead, those that had defended the castle, had been killed by her wand. Narcissa regretted deeply her failure to stand up to Bella, something she had failed to do ever since she was a small child, and knew that the wand that had killed those people had been provided to Bella by her younger sister. Narcissa blanched as she realised the ramifications. She had indirectly killed at least ten people, one her own niece, and injured another dozen or more others.
Ministry officials came to mark them all off on a long scroll of parchment, to confiscate wands and ready them for transport to Azkaban. Narcissa wasn't aware of this, so lost was she in her thoughts about what her wand had done. A Ministry official stopped at Augustus Rookwood, just next to Lucius and pulled out another piece of parchment.
"Augustus Rookwood, convicted of passing valuable Ministry information to You-Know-Who, party to the 1995 Azkaban breakout, and hereby indicted on three counts of murder for the murders of Colin Creevey, Anthony Goldstein, and Frederick Weasley. Your wand is to be confiscated and your trial date is set for ten in the morning, Saturday, the ninth of May, a week from today. You will be held at Azkaban until then."
The Ministry wizard then moved down the row to the Malfoys. Narcissa stood, stony-faced, with her hand on Draco's trembling shoulders. Lucius had an unhealthy pallor to his skin, and he looked about ready to faint.
"Lucius Malfoy, convicted of perjury with regards to Death Eater activities during You-Know-Who's first reign and Death Eater activities in 1996. Draco Malfoy is hereby indicted on one count of conspiracy to commit murder. Lucius, Draco, and Narcissa Malfoy are hereby indicted on ten counts of aiding and abetting You-Know-Who's activities over the past year and two counts of providing sanctuary for wanted wizards – You-Know-Who and Bellatrix Lestrange. Lucius Malfoy is additionally charged with... fifty counts of using Unforgiveable Curses on fellow humans. Draco Malfoy is likewise indicted on twenty counts of using the Cruciatus Curse on fellow students. Your wands are to be confiscated and your trial date is set for eleven in the morning, Saturday, the ninth of May, a week from today. You will be held at Azkaban in the interim."
Though the Dementors no longer guarded the prison and had been sent to Antarctica immediately after the Battle of Hogwarts, kept confined by an international task force of Aurors, Azkaban remained a horrific experience. The three Malfoys were kept separately, and Lucius and Narcissa had had to undergo strip searches to be certain that they did not lie about not having wands. The guards were cruel and vindictive, constantly hurling insults and insinuations at them. Each night, Narcissa watched Draco cry himself to sleep in the cell opposite hers. Each night, Narcissa's heart broke because she could do nothing to console her only son.
The Malfoys were led out of their cells at ten in the morning on the ninth, and were taken to a large room. Each was given a bowl of the same meagre meal they had had for the week, a bowl of slop with a small glass of water. While Draco and Lucius jumped at the sustenance and downed their portions within moments, Narcissa refused to let go of her dignity and took a proper amount of time to eat, despite the quality of the food.
Once she had finished, six sneering guards came forth, flanking each Malfoy and grasping them by their arms. With a sudden jerking motion, the Malfoys felt the familiar sensation of being squeezed through a tight tube as they were Apparated to the Ministry. A split second later they were in the Atrium, where several wizards were busy deconstructing the statue that declared "Magic is Might".
Some of the witches and wizards turned toward the procession with expressions of the utmost contempt. Narcissa had the sense in her to look ashamed, as did Draco. Lucius, however, did not. He looked back at them, but not with a look of pride. He had a neutral expression on his face, and Narcissa could only guess at what he was thinking.
The Aurors pushed them further, toward the gilded lifts which would take them down to the Department of Mysteries and the Wizengamot in Courtroom ten. They were shoved forward when the gates opened and were directed down the long hallway until they came to a left turn that would take them to a small antechamber they would wait in until the previous trial was concluded. It was not long before the doors opened and a man was forcibly removed by Aurors, his loud voice filling the hall.
"The Dark Lord came back once, and he will do it again! You cannot silence our cause and you cannot stop Him! He is immortal, and we will never rest! The Knights of Walpurgis shall persist, long after your Ministry crumbles!" Augustus Rookwood shouted all of this, his face red with conviction. When the man's screaming finally died down with his ever-decreasing proximity to the courtroom, the Malfoys were led inside.
The large dungeon room seemed to leer at them with its dark walls, and the torches cast little light, shrouding much of the place in shadow. Many empty benches rose in front of three cold chairs, and the higher benches held the shadowed members of the Wizengamot. A deep, slow voice spoke out from the centre of the upper benches.
"Seat yourselves."
The Malfoys did so, and as they placed their arms on the arms of the uncomfortable chairs, restraints extended to hold them there.
"You understand, of course, that these precautions must be taken."
The Malfoys nodded. Draco dared to look up, and looked back down to his lap again after but a second. He had looked long enough, though, to see the forty members of the Wizengamot, and that Kingsley Shacklebolt, the acting Minister for Magic, was presiding. The man had a stony face, not betraying any emotion, though he very well could have looked kinder had he wanted to.
"Very well," Shacklebolt said, gesturing toward a nearby wizard, who handed him a few pieces of parchment. "The accused are present, so we may begin. Is everyone ready?" he asked, looking both to his left and to his right.
There was a murmur of assent that hung through the courtroom until the Minister spoke again.
"Criminal trial of the ninth of May," he began, and a young witch to his right began to take notes, "into offenses and crimes committed by and under the willing approval of the Malfoy family, residents of Malfoy Manor, Trowbridge, Wiltshire.
"Prosecution: Kingsley Walter Shacklebolt, Minister for Magic; Pius Alexander Thicknesse, Head of the Department of Magical Law Enforcement; Percy Ignatius Weasley, Senior Undersecretary to the Minister. Court Scribe, Audrey Vanessa Swanson; Witness for the Defence, Harry James Potter."
Several members of the court raised their eyes at this, not expecting to see a single witness to the defence of any of the Death Eater trials, let alone this witness. However, true to the call, Harry Potter strode into the courtroom wearing emerald green dress robes. He walked toward the Malfoys and stood next to Narcissa, who stared incredulously at this. He showed no inclination that he noticed her, and proceeded to watch the proceedings above.
Lucius Malfoy looked to be beside himself, unsure about Potter's intentions, and unable to get over the anguish the two had caused each other over the years. Draco merely looked to his former classmate, shock and disbelief in his eyes. Narcissa felt her confidence bolstered. With Harry Potter defending her and her family, they might not have to live in prison after all.
"Would you like a chair, Mr. Potter?" the Minister asked, holding up his wand.
"No, thank you, Minister," Harry replied pleasantly. "I think I'll stand."
"Very well, then," the Minister said, turning back towards the Malfoys. "The charges against you shall be read in turn, and then Mr. Potter may present his defence."
He now lifted the sheaves of parchment he had been handed by Percy Weasley, took a deep breath, and read, "The charges against the accused are as follows: That Lucius Malfoy did knowingly, deliberately, and in full awareness of the illegality of his actions, despite having been cleared of all charges in 1981, utilise the Cruciatus Curse, the Imperius Curse, and the Killing Curse numerous times against fellow human beings, harbour and sell Dark artefacts, lie under oath with regards to his membership in the Death Eaters, provide safe haven for Lord Voldemort and Bellatrix Lestrange, construct a holding cell and torture chamber of your cellar at the direction of Lord Voldemort, break free from Azkaban prison, torture Muggles, and break into the Department of Mysteries with the intent to steal the recording of a specific prophecy and in the process destroying countless artefacts of the Ministry. That Draco Malfoy did knowingly, deliberately, and in full awareness of the illegality of his actions, attempt twice to assassinate Albus Dumbledore and utilise the Cruciatus Curse on fellow students. That Narcissa Malfoy did knowingly, deliberately, and in full awareness of the illegality of her actions, aid and abet in her husband's activities in the Malfoy home over the past year and provide safe haven for Lord Voldemort and Bellatrix Lestrange.
"You are Lucius Titus Malfoy, Draco Abraxas Malfoy, and Narcissa Violetta Malfoy of Malfoy Manor, Trowbridge, Wiltshire?" Shacklebolt said, setting down the sheaves of parchment.
"Yes," they all answered.
"Do you have anything to say for yourselves before your defence witness speaks? Can you give any evidence to this court that should cast doubt upon or excuse you from these charges?"
Draco looked up, and words nearly failed him when he said "I would like to speak first."
The Minister inclined his head, and Draco began. "With regards to the first charge, on the two assassination attempts and my leading of Death Eaters into Hogwarts during my sixth year, I can only say that after I took the Mark as was my father's wish, the Dark Lord told me in no uncertain terms to kill Albus Dumbledore within a year or see my entire family killed. I bought a cursed necklace in Knockturn Alley, gave it to and used the Imperius Curse on Madam Rosemerta, who I instructed to give the necklace to and use the Imperius Curse on Katie Bell of Gryffindor, to give to Dumbledore. She must have touched the necklace though, because the curse activated on her. My next attempt was through poison, and I asked Professor Slughorn to deliver it to Professor Dumbledore. But he went to share it with Ron Weasley and Harry Potter before that, and Ron Weasley almost died. When I fixed the Vanishing Cabinet and led the Death Eaters into the school a battle began. I made it to the Astronomy Tower, where Dumbledore was. I disarmed him. I couldn't kill him, though, and Professor Snape did the job and got me out of the school. With regards to my use of the Cruciatus Curse last year, I would like to note that I attended Hogwarts last year, and we were forced to do so. I would also like to note that during the past year, the Cruciatus Curse was not illegal."
The members of the Wizengamot murmured, seeing this technicality as valid. They clearly had not seen any Death Eaters use the argument yet, and as the Malfoys were near the end of the order of trials, they clearly hoped to not see this argument presented after the Malfoys.
"Mr. Potter, what do you have to say in the defence of Draco Malfoy?" the Minister asked.
"Draco didn't fight in the Battle of Hogwarts. He tried to kill me, true, but under the circumstances, he had come to the conclusion that I was the root cause of the ruin of his family. I do not blame him for this, and I forgive him for all of his actions against me. At Malfoy Manor, when the Snatchers had taken Ron, Hermione, and me to await Voldemort's call, Draco refused to identify me with any conviction. And on the Astronomy Tower, when he had Professor Dumbledore at his mercy, I was there. Draco was not going to kill the Professor, and if the other Death Eaters had not have been present, he probably would have taken him up on the offer to move his family, Lucius included, into hiding," Harry concluded, looking over to his long-time school tormentor, who was looking back, shocked.
"Very well, then. We will be sure to reflect on this when we render our verdict after the testimony of the remaining defendants and Mr. Potter. Mrs. Malfoy, you may speak," the Minister said, noticing that Mrs. Malfoy looked ready to present her case.
"I do not deny my part in allowing my husband and other Death Eaters to do what they did in our home, nor do I deny allowing the Dark Lord and my sister into my home. I do not deny identifying the Granger girl. I also admit to doing nothing while my sister tortured her. That was my failing, and I am culpable. I never was able to stand up to Bella like I should have. I don't really have much of a defence from the charges against me. I never actively did anything to help the Dark Lord's side, but I never did anything to actively oppose them, either," she said, her voice ready to break as she simply admitted guilt.
"Mr. Potter?" the Minister said, looking pointedly at Harry.
"Minister, Mrs. Malfoy did actively oppose Voldemort." She looked up, disbelief marked in every line of her face. "When I entered the forest and Voldemort killed me, I went to where the choice to move on or return takes place, and I spoke with Professor Dumbledore, who seemed to be lingering there, waiting for me. After a long discussion that doesn't impact this hearing, he told me that I could return and simply return to my body because of some complicated dealings involving the protection my mother bestowed on me when I was a baby. I did, and Voldemort made Mrs. Malfoy check that I was truly dead. She found me alive and reported me as dead, lying directly to Voldemort. Without that, I never would have defeated him. I probably owe my life, and probably everyone else here does too, to Mrs. Malfoy's action then."
"Very well. We will take that into consideration on the verdict of Mrs. Malfoy. Lucius, you have been far too quiet thus far. Would you like to address the charges against you?"
"What's to address? They're all true. I don't deny it, although the last year has shown me that I should not have done much of what I did," he said rather rudely, not looking up at the members of the Wizengamot who might find him guilty. "There. It's what you wanted to hear anyway, so you can throw me back to Azkaban to rot."
"Mr. Potter, Mr. Malfoy seems to have pleaded guilty. In that event we can only find him guilty, but is there anything you have to say that might make us consider a lesser sentence than that which we would give?" The Minister spoke, looking not toward Harry, but toward Lucius, who seemed to realise that he was being given the barest chance, his fate resting in the hands of his mortal enemy.
"It is true; Lucius Malfoy has committed every crime he has been charged with. However, I think I know why he did. Mr. Malfoy was raised to hate Muggles and Muggleborns and most likely inherited his position in Voldemort's inner circle. Tell me when I've got something wrong, Mr. Malfoy," Harry added quickly. There was silence from the other man, and Harry continued. "I, personally, think Mr. Malfoy once, long ago, did enjoy his service to Voldemort. But once he had a family of his own, he realised that his wife and son came before all else. Future service was to ensure their safety. He had taken the Mark, so leaving was out of the option; he'd have died on sight, as well as his family. I don't think he should go unpunished, but anything you charge him with today seems to me, and so far seems to be confirmed by his silence during my speaking, to have been done to protect his family."
The Wizengamot members sat back, deliberating quietly amongst themselves. The Malfoys could not tell what they were saying, nor did they think any of it would be favourable. Lucius knew his sentence would be the worst, and he was fully prepared to see life in Azkaban. Draco was sure he would get quite a bit of time in the wizard prison as well, and Narcissa was certain that her complacency might well earn her a short sentence too.
Deliberation took only about ten minutes, though those ten minutes seemed like a lifetime to the Malfoys. Harry continued to look ahead, still standing in his spot next to Narcissa, not turning to look at them at any point during the deliberation. Another minute passed, and Minister Shacklebolt cleared his throat.
"We have reached our verdicts. In the case of Draco Abraxas Malfoy, we find the defendant innocent of all charges, due to the duress he was under and the technicality he brought up. In the case of Narcissa Violetta Malfoy, we find the defendant innocent of all charges, due to the duress of the situation. We also intend to issue you an Order of Merlin, Third Class, for your actions at the Battle of Hogwarts which ensured that Voldemort would threaten the world no longer. The monetary compensation that goes with that award, however, will be donated to assist in the rebuilding of Hogwarts castle.
"In the case of Lucius Titus Malfoy, we are forced to find the defendant guilty of all charges. While this would normally carry several dozen life sentences in Azkaban, we feel that it is appropriate to only give you one. And the nature of that life sentence will be determined by Mr. Potter, who has the option to change your sentence as he wishes in this case, by the suggestion of the majority of the members of this court."
Lucius and Harry both looked at each other then, the first horror-struck and fearful, the latter with something resembling bemusement on his face. Harry turned back toward the Wizengamot.
"I think that, instead of prison, Mr. Malfoy's sentence should be this. Eighty percent of the current Malfoy fortune shall be donated to causes such as the rebuilding of Hogwarts and reparations to the Muggleborns. Mrs. Malfoy, I take it Bellatrix would have left you everything, eighty percent of the worth of the gold and objects in her vault will be donated as well. Seventy percent of the surrounding grounds to Malfoy Manor should be sold off to the town of Trowbridge, the resulting funds to be contributed as the above. I also think that the Ministry should appoint a tutor in Muggle Studies to the Malfoy family, to teach them on weekends and help ingratiate them to the idea of Muggles and Muggleborns as equals. If Lucius does slip up and commit an offense that gets him brought to court again and is found guilty, then I do believe he should receive his life sentence in Azkaban. I think I'm giving him a fair shot to reform, and I hope he doesn't prove me a fool. And with that, I must go. I have a funeral to attend to," Harry said, laying out a punishment, consequences for further infractions, and exiting all in one go.
Lucius watched, disbelieving, as the Minister nodded while Potter gave his ideas. Once the boy had left the courtroom, the Minister spoke again. "There you have it. Lucius Titus Malfoy, you are very fortunate to have Harry Potter as your ally this day, and that I am inclined to trust his judgement. Ministry representatives will bring the paperwork to the goblins to have eighty percent of your assets removed to a Ministry-established account for the purposes Harry set forth, and within the next few days a Ministry representative will be with you to sign over the specified portion of your grounds, so that we might sell them to the town of Trowbridge. We will also find a tutor for you, to begin meeting with you and yours next weekend. Time in Azkaban would only endanger your life at this point, so we will not have you serve a term there. You, and your family, are free to go."
The chains binding the Malfoys to their chairs released themselves, and the Malfoys left for home. They were whole and healthy, and they had experienced extreme mercy. Now was the time to heal. Now they had to learn to live in a new world, with new rules and new expectations. It was the Malfoy way to rise to the occasion and meet those expectations, and though it might be difficult, they intended to do so with the grace and pride of Malfoys.