Judge of the Song Dynasty

It turned out that this lane was named “Record-Keeping Lane,” and within it, brothels and bookstores were abundant.

This wasn’t an unusual combination.

Rather, it was a custom of the Northern Song dynasty.

In fact, legally speaking, the Northern Song dynasty had laws against prostitution, mainly to prevent innocent people from being forced into prostitution, while also imposing certain restrictions on officials.

It was more than a millennium since Guan Zhong of Qi created the first government sponsored brothel. Indeed, rulers were well aware that complete prohibition of such practices was impractical. So they could only provide appropriate regulations.

Furthermore, the Northern Song dynasty was a commercial society, and this industry thrived.

As for why bookstores and brothels were mixed together, one of the main reasons was that the literati of that time indulged in such activities, and the literati were the main consumers of the economy.

A classic example was the Wheat Straw Lane outside the Champion Scholar’s Inn.

The Champion Scholar’s Inn was a place of residence for scholars from all over the empire, yet outside the inn was a famous red-light district in the capital.

Most of the various brothels in Bianjing were built in places frequented by scholars. Record-Keeping Lane was the largest bookstore street in Bianjing, situated outside the Xiang-guo Temple. It had a considerable flow of people, making it very reasonable for brothels and courtesan houses to appear here.

It can only be said that Zhang Fei was making a fuss out of nothing, as though he had never seen the world.

Indeed, he did not have much experience in such worldly matters.

Without these high-end brothels and courtesan houses, it wouldn’t be considered an upscale area. For example, there aren’t any brothels in a place like “Pig-Slaughtering Lane” because it was mostly populated by butchers.

If you wished to cater to the preferences of literati and provide services for them, it was necessary to provide what they desire. This led to the courtesan culture of the Northern Song dynasty, where renowned courtesans were all exceptionally talented, possessing literary skills comparable to men. They were highly sought after. Many prominent women from respectable families, like Xu Zhiqian, even became friends with these artistic courtesans.

This was why Xu Zhiqian could walk through this entertainment district without attracting too much attention.

On the other hand, Zhang Fei initially felt a bit awkward. However, after witnessing Xu Zhiqian’s straightforward attitude, he gradually relaxed. His gaze began to wander around, trying to identify the best possible options just in case.

Halfway through their stroll, the scent of hedonism gradually dissipated, replaced by the fragrance of ink.

Zhang Fei looked ahead and saw a multitude of bookstores filled with scholarly items. There were stationery, zithers, works of calligraphy and paintings, all of which overwhelmed the senses.

He also noticed many scholars and literati wandering between the stores, captivated by the offerings on sale.

“See, whenever you see a sign with the character for ‘complaint’ on the storefront, that’s the kind of shop you’re looking for,” Xu Zhiqian pointed ahead.

These types of bookstores were akin to law firms and were formally known as “Complaint Bookstore”.

Zhang Fei looked up for a moment and remarked, “There seems to be only seven or eight of them, not too many!”

Xu Zhiqian said, “That is already quite a number. These types of shops are run by notaries, and they have very close ties with the government. They are more regulated than pen-in-cap like you.”

“Is that so?”

Zhang Fei asked, “What’s the difference?”

Xu Zhiqian explained, “Let’s take the licenses granted by the government as an example. When a license is granted to you, it’s just for your individual use. But if you want to open a bookstore like this, you have to apply for another license, specifically for the bookstore. Each bookstore must be registered, and every three years, they have to undergo government inspection.”

“I didn’t realize it was this regulated.”

Zhang Fei nodded thoughtfully.

In fact, this was akin to the difference between a lawyer and a law firm in the modern day. You needed to pass the bar exam to become a lawyer, but having a lawyer’s license did not mean you can open a law firm. Opening a law firm required rigorous government scrutiny, and it was not as simple as deciding to open one.

There were requirements to doing so.

The same applied to notaries in the Song dynasty, as they generally complemented government work. Complaints written by notaries helped the government save a lot of work. Understanding the situation would be as easy as looking at the complaint documents they wrote. There would be no need to dispatch people for investigations, as the notaries were responsible for the truth of the documents. If there were issues with the complaint, notaries would face consequences. This didn’t apply to pen-in-cap, which meant they weren’t as cautious with their work.

This system helped the government save a significant amount of money, especially considering the dire financial situation of the Song dynasty. Savings were crucial.

Since the requirements were so stringent, it naturally resulted in fewer notaries existing.

Does that mean that I would also need to apply for a license to start a law firm? Goodness. Zhang Fei felt a headache coming on and asked, “So, are you saying that pen-in-cap like me also need to seek employment at these bookstores?”

Xu Zhiqian responded, “Exceptionally skilled pen-in-caps can work at these bookstores, but most are found in the alleys over there.”

As she spoke, she pointed to a nearby narrow alley, which had its own specific name: “Pen-in-Cap Alley.”

Glancing at the alley, Zhang Fei realized its narrow width would only accommodate small stalls, making it impossible to open proper stores. He asked, “Actually, pen-in-cap like us can also draft complaints and we can even provide court representation. Why is there such a significant difference in status?”

Xu Zhiqian explained, “Notaries have close ties with the government. If it’s only about drafting complaints, wealthier families would prefer notaries. Solicitors need to provide courtroom representation to earn more money. This has led to government officials not liking pen-in-caps, and many pen-in-caps have to turn to notaries to draft complaints for litigation.”

“I see!”

Zhang Fei nodded thoughtfully.

Notaries helped the government resolve issues, so they were naturally favored by the authorities. On the other hand, solicitors added work for the government, as litigation required additional resources from the government’s side. This was why the authorities were not very fond of pen-in-caps. This meant that often times pen-in-caps had to go through reputable bookstores to establish ties with the government to proceed with litigation.

Over time, many skilled pen-in-caps were directly recruited by these major complaint bookstores.

This meant that these large bookstores had a monopolistic nature.

As they chatted, Zhang Fei and Xu Zhiqian arrived at the entrance of the small alley. As expected, they saw over a dozen stalls inside, almost every stall owner had a short brush inserted into their cap brims. However, business didn’t seem to be thriving, as many people were dozing off.

“Young man, need a complaint document written?” a pen-in-cap approached, asking enthusiastically.

Zhang Fei inquired, “How much does it cost?”

The pen-in-cap replied, “That depends on what kind of lawsuit you’re dealing with, and if it’s just a common commercial dispute involving a small sum, it will cost you only one hundred coins. If it’s a bit more complex, it might require more money. If you also need us to represent you in court, that would be one or two strings of cash.”

In the current market, a complaint document from a bookstore would cost around one hundred and eighty coins. Pen-in-cap like him were relatively cheaper because they had less responsibility.

You get what you pay for.

Zhang Fei frowned and said, “So little?”

The solicitor’s quick thinking made him hesitate upon hearing Zhang Fei’s words. “Young man, you’re not here to draft a complaint document, are you?”

Zhang Fei chuckled, “We’re colleagues. I’m also planning to set up a stall here.”

The pen-in-cap’s expression immediately changed, and he said, “Young man, as a senior in this trade, let me advise you. You’re still young; consider changing careers. This profession isn’t easy, Look at them, they’re all dozing off.”

Zhang Fei chuckled, “Don’t try to deceive me. In our line of work, we may not see any work for three years, but a single job may keep us fed for three years!”

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The pen-in-cap rolled his eyes and couldn’t be bothered with Zhang Fei anymore. He turned back to his stall.

One hundred coins for a single complaint document. How could you survive for three years on that.

You’re just not capable enough, Zhang Fei scoffed inwardly. He turned around, and said to Xu Zhiqian, “How about finding a place to sit for a while?”

Xu Zhiqian asked, “Don’t you want to visit the bookstores?”

Zhang Fei shook his head.

He couldn’t help but feel a bit disappointed. Low pay, low status, and a damn low ceiling. Even if he excelled in this profession, he wouldn’t even be able to grasp the tail of the upper class of society.

Not forcing the issue, Xu Zhiqian led Zhang Fei into the Xiang-guo Temple and found a secluded tea pavilion to sit.

“You seem to come here often?” Zhang Fei casually asked after they sat down.

Pretending not to hear, Xu Zhiqian replied, “Have you made a decision? Are you going to set up your own stall or gain experience at a bookstore? If you’re planning to go solo, I can lend you some money to get started. If you want to work at a bookstore, I can also provide you with introductions.”

She hadn’t forgotten her purpose of bringing Zhang Fei here.

“Thank you for your kind offer, Lady Xu,” Zhang Fei began, shaking his head, “but after hearing what you said, I’m not interested in either option.”

Xu Zhiqian’s eyebrows lightly furrowed. “You’re not interested in either?”

Zhang Fei nodded and said, “If I were to work at a bookstore, it would be better to agree to your father’s proposal and join him as a clerk at the Court of Judicial Review.”

Xu Zhiqian was immediately astonished. “My father wanted you to join the Court of Judicial Review, and you… you actually turned it down?”

Zhang Fei responded with an acknowledging sound, “Now you should believe that I don’t actually want to keep living at your manor.”

Xu Zhiqian muttered to herself, “It seems my father’s getting old. He can’t even differentiate between gentlemen and petty men.”

This woman really holds grudges! Zhang Fei didn’t mind and chuckled, “As for setting up a stall outside, it’s not that it can’t be done. But as you’ve seen, so many people are already there, and business isn’t easy. Even a good product will fail if it’s not well-promoted.”

He did want to start his own business, but the reality was that the bookstores monopolized everything. Going solo still required engaging with bookstores to notarize complaint documents, meaning being dependent on them. Opening a bookstore would be even more troublesome.

Perplexity showed on Xu Zhiqian’s face as she glanced at him. She found his choices rather puzzling.

For any normal person, the obvious choice would be to join the Court of Judicial Review at the very least. Most would aim for positions at the bookstores if they couldn’t get into the court. But this man had chosen neither of those options and was considering setting up a stall in the alleys.

“Lady Xu.”

A soft voice suddenly called out.

Zhang Fei turned his head and saw an elderly woman carrying a basket of vegetables, standing about three steps away, tilting her head as she observed Xu Zhiqian.

“It’s Auntie Cao.”

Xu Zhiqian immediately stood up.

“It truly is Lady Xu. I was worried I might mistake someone else.”

Seeing that she had identified the right person, Auntie Cao hurried forward and took out two large melons from her basket, handing them to Xu Zhiqian. “Lady Xu, these are melons from my garden. They’re really sweet.”

“Is that so?” Xu Zhiqian asked with a smile. “I wonder how much these melons cost?”

Zhang Fei, observing Xu Zhiqian’s radiant smile, thought to himself, So this lady can smile too. Does that mean she’s only hostile against me?

Auntie Cao grew anxious, “How could I take money from you? If it weren’t for you teaching us some laws, that Mogul[1] Huang would have taken over our melon field long ago.”

Xu Zhiqian nodded with a smile, “Alright, I’ll accept them. Thank you, Auntie.”

Her attendant immediately approached and accepted the two melons.

“Don’t thank me! Don’t thank me!” Auntie Cao waved her hand and added, “In a little while, our new wine will be ready. I’ll send some to you then.”

Xu Zhiqian nodded with a smile, “I’ll thank you in advance for that, then.”

“No need! No need!” Auntie Cao waved her hands repeatedly, then glanced at Zhang Fei and said, “Alright, I’ll go sell the melons now and won’t disturb you any longer.”

“Take care, Auntie.”

Once Auntie Cao left, Xu Zhiqian immediately gave a subtle signal to Qingmei.

Qingmei immediately followed Auntie Cao.

Xu Zhiqian sat down and suddenly noticed Zhang Fei staring at her. She furrowed her brows and asked, “Why are you looking at me like that?”

“Huh?”

Zhang Fei was taken aback for a moment, then chuckled, “I just didn’t expect you to teach these villagers about legal matters.”

Xu Zhiqian responded, “Is that surprising? My father used to teach them about the law too.”

“Is that so?”

“Yes.”

Xu Zhiqian nodded, “They can’t afford to hire pen-in-caps like you. If they had some legal knowledge, it could help them protect themselves in many situations.”

It turned out that when Xu Zhiqian was younger, Xu Zun was in an ascending phase of his caree. He was often reassigned to various regions, and she would follow him. Although Xu Zun loathed the wealthy landlords who exploited the common people, he often found himself helpless in many situations. Therefore, whenever he had spare time, he would personally teach the villagers about legal matters, helping them understand how to protect themselves and avoid being deceived.

Xu Zhiqian was influenced by this environment, and she also learned about the law under her father’s guidance. Later, when her father became too busy, she took on the responsibility of educating the villagers on legal matters.

After a moment, seeing Zhang Fei lost in thought, his eyes flickering, she asked, “What mischievous idea are you hatching now?”

“I’m thinking…”

Zhang Fei was suddenly startled, cleared his throat, and asked, “Help them protect themselves? Lady Xu, isn’t that a bit of an exaggeration?”

Xu Zhiqian sighed lightly, “It’s better than knowing nothing at all.”

“Isn’t there not much of a difference?”

Zhang Fei chuckled and shook his head, “May I ask, Lady Xu, in what disputes do villagers like them typically find themselves?”

Xu Zhiqian explained, “Most of the time, they have conflicts with the wealthy landlords.”

“That’s it.”

Zhang Fei said, “Forgive me if I’m wrong, but when it comes to law, I am somewhat knowledgeable. Understanding the law is not the same as being proficient in it. The wealthy landlords can hire experts in the law to help them seize more land. Your approach can only provide them with extremely limited protection, almost negligible.”

Seeing him logically belittle her efforts, Xu Zhiqian huffed, “Then how should we protect them?”

Zhang Fei smiled, “What if there was a handsome and promising young man who was knowledgeable in law and filled with a sense of justice? A pen-in-cap who could protect them would be better than them learning the law themselves, wouldn’t it?”

[1] The Chinese term 员外 (yuan-wai) literally means “un-rostered official”, and was a title used to refer to wealthy landowners/businessmen who had some level of status within the community but were not actually government officials.