Chapter 23: Give it to Him!
The Ayun case was drawing to a close. For those like Sima Guang and Wang Anshi, it was merely a beginning. Yet for Xu Zun, it was the end of the matter.
Although this entire dispute started because of him, he had no intention of being entangled in the underlying political struggle.
His thoughts were still focused on his work.
On this day, he arrived at the Court of Judicial Review with an excited heart. As the Chief Justice of this court, he held some authority to amend and refine the laws of the land.
His foremost task was to clear the doubts he raised in the Ayun case.
First, he would further clarify the standards for reduction of charges for voluntary surrender.
Second, he would clarify which offences voluntary surrender would be applicable to.
Third, he would examine how the court should balance between folk customs and imperial law.
These three points may seem simple, but they were all exceedingly challenging, especially given the prevalent problem of excess officials in the current Song Dynasty. For a single matter, various bureaucratic offices had authority to intervene, making legal reforms incredibly difficult.
Furthermore, though there were similarities between folk customs and imperial laws, legal systems could not tolerate minor differences. Yet, one could not solely consider imperial laws either and folk customs had to be taken into consideration. In the Ayun case, they had clearly ignored folk customs and favored imperial law. However, if this was taken seriously, many marriages would not be recognized by the government, leading to a cascade of household registration issues.
The entire society could be turned upside down.
Fortunately, Song Dynasty was not an entirely legalistic society, nor was this a litigious era. If someone were to use the Ayun case as a precedent for litigation, the court could still make discretionary judgments because there was no established rule that precedents were binding!
Yet, this was ultimately a loophole.
But just as Xu Zun was brimming with energy and ready to get to work, he was summoned to the palace by the Emperor.
Entering the palace hall, Xu Zun saw three prominent figures beside Emperor Zhao Xu: Wang Anshi, Sima Guang, and Lu Gongzhu.
“Your Majesty,” he bowed.
“No need for formalities,” Emperor Zhao Xu gestured slightly, then continued, “I’ve summoned you here today to inquire about something.”
Xu Zun asked, “May I know what Your Majesty wishes to ask?”
Emperor Zhao Xu said, “It’s about that pen-in-cap, Zhang San. When he was in Dengzhou, did you grant him a license allowing him to present his case in court?”
Xu Zun’s heart skipped a beat; how did even the Emperor know about this? That young man was truly resourceful. Shaking his head, Xu Zun replied, “I did not.”
Sima Guang’s expression turned serious as he stated, “Lord Xu, you should be aware that pen-in-caps must have an official license from the government to litigate in court.”
Xu Zun hurriedly said, “Academician Sima is correct. It was an oversight on my part. At the time, Zhang Fei was a witness in the case, and he had defended himself. In the course of doing so, he also provided new evidence. Hence, I didn’t consider whether he had the right to litigate.”
With these words, the expressions of Emperor Zhao Xu, Sima Guang, Wang Anshi, and Lu Gongzhu varied.
Sensing the odd atmosphere, Xu Zun inquired, “I wonder what’s going on?”
Lu Gongzhu looked at Xu Zun skeptically and asked, “You aren’t aware?”
Xu Zun shook his head.
Lu Gongzhu continued, “Isn’t Zhang San a retainer in your service?”
Xu Zun explained, “Prefect Lu, I once tried to recruit him into my service, but he was solely focused on repaying Ayun by defending her. Thus, he declined my offer. What exactly happened?”
The more he explained, the more flustered he felt!
For an ordinary pen-in-cap like Zhang Fei to prompt the Emperor and three high-ranking officials to discuss him was truly unimaginable.
Lu Gongzhu stated, “Just now, Zhang San came to the Kaifeng Prefectural Office to turn himself in.”
“Turn himself in?” Xu Zun was bewildered, “What did he turn himself in for?”
Lu Gongzhu explained, “Deceiving the Emperor.”
“What?”
Xu Zun nearly jumped up, his face devoid of color.
That charge was a ticket to hell!
Lu Gongzhu continued, “He claimed that he had no right to litigate but did not inform His Majesty. Moreover, under His Majesty’s authorization, he defended Ayun, committing the crime of deceiving the Emperor.”
Xu Zun was left dumbfounded.
Truly a professional move—turning oneself in so logically. He didn’t know how to counter this.
Suddenly, Wang Anshi asked, “Chief Justice Xu, do you truly know nothing about this?”
“I really didn’t know. He never mentioned this to me.”
At this point, Xu Zun realized he might also be implicated. He quickly confessed to Emperor Zhao Xu, “Your Majesty, I am guilty. I also didn’t inform you in time about Zhang San’s situation. I deserve severe punishment.”
This situation seemed to be escalating further.
Emperor Zhao Xu was momentarily at a loss. He himself didn’t think of this as deceiving the Emperor!
This so-called catch-all crime was usually used against high-ranking officials; it was hardly ever employed against the common people.
Suddenly, Wang Anshi turned to Emperor Zhao Xu and said, “Your Majesty, I find this matter highly suspicious.”
Emperor Zhao Xu asked, “Do explain.”
Wang Anshi explained, “The case has already been concluded, and there is no one in the imperial government pursuing this issue. Why would Zhang Fei suddenly turn himself in to the Kaifeng Prefectural Office? I believe there must be someone behind him, someone powerful enough that Zhang Fei doesn’t dare seek help from Chief Justice Xu.”
Emperor Zhao Xu’s brow furrowed, showing his displeasure.
That was going too far.
Losing a lawsuit and then refusing to admit defeat, even resorting to such crooked means.
If you want to play dirty, I can play dirty too.
Sima Guang immediately noticed the arrow fired by Wang Anshi. He stood up and said, “I agree with Academician Wang’s statement. This matter must be thoroughly investigated to find out who’s behind it. Additionally, I believe the key to this case lies not in whether Zhang Fei was licensed. The fact that he was recommended by Chief Justice Xu to litigate on behalf of the Court of Judicial Review holds more weight than any official license.”
Emperor Zhao Xu glanced at Sima Guang, nodded, and then turned to Lu Gongzhu, saying, “Have you ascertained why he suddenly turned himself in?”
Lu Gongzhu replied, “I’ve repeatedly asked him about it. Zhang Fei didn’t mention anyone threatening him. He merely felt that not disclosing this matter would be a betrayal of his loyalty to Your Majesty.”
Wang Anshi said, “That is not convincing.”
Sima Guang’s brow furrowed tightly; he indeed found it unconvincing. However, he would never stoop to such a cheap trick. To prove his innocence, he immediately suggested, “Your Majesty, I have a suggestion.”
Emperor Zhao Xu asked, “What’s your suggestion?”
Sima Guang said, “As I mentioned before, Zhang San was recommended by Chief Justice Xu and was unquestionably qualified to defend Ayun. Now that someone is making an issue of his lack of license, why don’t we simply grant him an official license to silence those critics?”
Lu Gongzhu also stood up right away, stating, “I agree as well.”
Wang Anshi looked at Sima Guang skeptically, thinking, it seems it wasn’t him behind this after all. But then, what’s really going on here?
“You make a valid point,” Emperor Zhao Xu nodded and immediately decided, “We’ll follow your suggestion. Grant him an official license, and let this matter rest; it shouldn’t be brought up again.”
This case was the first victory he had since ascending the throne, and it was one that absolutely could not be revisited. Even if Zhang Fei were to die, he couldn’t die because of this case.
Xu Zun, who had been utterly confused, suddenly understood what had happened. His cheeks puffed out, as if he wanted to bite down and shatter his own teeth. That darn kid, seriously!
“Xu Zun! Xu Zun!”
“Huh?”
Xu Zun was taken aback, suddenly realizing that Emperor Zhao Xu, Sima Guang, and Lu Gongzhu had already left. Wang Anshi, however, was looking at him with a puzzled expression.
“Xu Zun, are you alright?” Wang Anshi asked.
Xu Zun bowed, “I’m… I’m fine.”
Wang Anshi whispered, “Did you truly have no knowledge of this matter?”
Shaking his head, Xu Zun replied, “If I knew of this, it wouldn’t have happened in the first place.”
Wang Anshi continued, “Do you think someone might be meddling in this matter?”
Yes! It’s that darn kid! Xu Zun truly had a bitter story to tell!
Seeing Xu Zun’s expression and growing suspicion, Wang Anshi asked, “Xu Zun, do you know something?”
Seeing Wang Anshi’s doubt-filled face, Xu Zun realized Wang Anshi’s current situation. He truly was being overly cautious about everything. After considering for a moment, he understood that if he didn’t explain clearly, it might lead to misunderstandings. Additionally, knowing that Wang Anshi was certainly leaning towards Zhang Fei, he pulled Wang Anshi aside and whispered a few words.
After listening, Wang Anshi looked utterly bewildered. After a while, he stammered, “Wha-what did you say? He… he did all this just for a litigation license?”
Nodding slightly, Xu Zun replied, “Most likely, but I’m inferring based on the outcome of this matter. It’s also possible that he was afraid someone might use this against him and thus wanted to fill this gap.”
Wang Anshi, relieved of his false alarm, was exasperated, “Xu Zun, my friend, you’re being overly principled. He has helped you so much. What harm is there in giving him a license? It’s not illegal.”
Xu Zun sighed, “Now that things have come to this point, further discussion is futile.”
Wang Anshi suddenly burst into laughter.
Perplexed, Xu Zun asked, “Anshi, why are you laughing?”
Wang Anshi chuckled, “This little rascal has quite the audacity. He stirred up such a commotion just for a license.”
Reopening the Ayun case would be extremely frightening!
Xu Zun snorted, “You’re not wrong about that. This kid indeed has extraordinary courage. Do you know what he did right after he was released from prison?”
Wang Anshi asked, “What did he do?”
Xu Zun explained, “He filed a complaint against me, claiming that he was wrongly imprisoned for three months and demanded compensation.”
“Is that so?”
“Absolutely.”
Wang Anshi laughed heartily, “But he succeeded, didn’t he?”
Reluctantly, Xu Zun nodded.
Wang Anshi continued, “It’s clear he’s not just brave; he’s also clever. With such talents, why didn’t you treasure him and instead let him be a mere pen-in-cap?”
Wang Anshi actually admired Zhang Fei to some extent, appreciating his willingness to take action.
Xu Zun chuckled bitterly, “I tried to recruit him multiple times, but unfortunately, he didn’t think much of my offer to be a retainer in my service.”
Wang Anshi remarked, “Did you not consider using a grace appointment quota and recommending him for an official position?”
Xu Zun just smiled in response.
Wang Anshi knew Xu Zun’s character well—Xu Zun didn’t even want to use a grace appointment for his own son, let alone others.
As for Lu Gongzhu, after returning to the Kaifeng Prefectural Office, he immediately ordered his subordinates to swiftly prepare a license for Zhang Fei. However, Zhang Fei lacked proper documentation for his household registration. According to his own account, his household registration document had been lost during the shipwreck. Therefore, they had to issue a new household registration document, registering him as a resident of the capital, in addition to the litigation license.
Under the Emperor’s instructions, everything proceeded quickly, taking less than two hours to complete. The wheels of bureaucracy were well-greased, with a sense of urgency that seemed to make everything smoother, and there was no need for further complications.
“Imperial grace abounds! Imperial grace abounds!” Zhang Fei clung tightly to the license, tears in his eyes as he exclaimed.
Lu Gongzhu said, “Alright! Alright! Now that you have the license, there’s no talk of deceiving the emperor anymore. Just go.”
Tears still brimming, Zhang Fei looked at Lu Gongzhu and said, “This commoner has caused trouble for the Prefect. I… I…”
Before he could finish, Lu Gongzhu waved his hand and called out, “Guards! Kick this troublemaker out of my presence!”
“Wait, wait! I’ll leave on my own. Is that not acceptable?”
Zhang Fei left the premises in quite a sorry state.
“That troublemaker is finally gone,” Lu Gongzhu breathed a sigh of relief.
The Chief Clerk, Huang Gui, asked, “Now that he has a license, won’t he keep coming here to file complaints?”
Lu Gongzhu was immediately flustered.
***
Once Zhang Fei left the Kaifeng Prefectural Office, his expression changed. He looked at the official license in his hand and a smug smile crept onto his face.
Suddenly, a hand reached out from the side, gripping his wrist.
Turning his head, he exclaimed, “Academician Sima!”
“Lad!” Sima Guang held his wrist firmly and asked, “What exactly do you intend by doing all this?”
Sima Guang was actually quite panicked. He was genuinely worried that Wang Anshi might use this incident to target him. He even thought that Wang Anshi might have instigated Zhang Fei to do all this.
And sure enough, the moment Zhang Fei left the prefectural office, Sima Guang’s suspicions seemed justified by that sly grin on Zhang Fei’s face.
Sima Guang was indeed someone who could smash pots as a child—his grip was surprisingly strong! Zhang Fei’s eyes gleamed for a moment. He raised his hand, breaking free, and said, “It was all for this license.”
Sima Guang looked at him with confusion, “For this license, you were willing to surrender yourself for the offense of deceiving the emperor?”
Zhang Fei nodded and said, “I know that you are dissatisfied with the previous lawsuit’s outcome. I believed that the lawsuit was nearly flawless, except for my identity being disputed. If I cured this vulnerability, it would truly be impeccable. Then even you wouldn’t be able to overturn it.”
Sima Guang gazed directly at Zhang Fei. After a moment, he smiled faintly, “You underestimate me. My objections stem from the fact that you didn’t win using evidence.”
Zhang Fei chuckled, “That’s why I was afraid that you might use my own methods against me.”
Sima Guang immediately glared at him, “You rascal! I wouldn’t stoop to your level. Even if I wanted to reopen the case, I would present irrefutable evidence, convincing everyone.”
Zhang Fei nodded, “I can rest assured then.”
Joy filled his heart. Even if you investigate my identity in Hanyang, you won’t be able to use it against me. Heh heh!
Sima Guang saw that peculiar glint in Zhang Fei’s eyes and suddenly realized why he had lost that case. One significant reason was that their positions were equal in open court.
And now he has promised that he would not pick on Zhang Fei based on his identity.
Annoyed with himself, he thought, why did I forget to learn my lesson?
I’m an Academician! Why should I engage in a legal debate against a mere pen-in-cap?
But then again, as an Academician who has studied for decades, am I unable to win a debate against this twenty-something-year-old? Is that not a bit embarrassing?
In the end, his pride overcame his rationality.
Sima Guang knew very well that Zhang Fei was playing tricks, yet he didn’t expose him. He wanted to win, but he wanted to win in a fair fight that left no one in doubt.
That was how Sima Guang operated, unyielding in his principles.