Judge of the Song Dynasty

Seeing Zhang Fei having to refer to the Code of Punishments, Xu Zhiqian’s expectations of him immediately decreased a bit.

Doing work at the last minute.

Would that be useful?

Zhang Fei had indeed studied the Song Code of Punishments but he wasn’t foolish enough to memorize it word for word. Legal codes were like a dictionary; you looked them up when you needed them.

With frequent use, they would naturally stick in the memory.

He didn’t really need to recite the Code verbatim. As long as he remembered the key and commonly used parts, the rest could be kept as a rough impression.

It was already the middle of the night.

Xu Zhiqian, who had been running around all day, didn’t go to bed early. Instead, she sat by the candlelight, one hand propping up her chin. Although there was an open copy of the Code of Punishments on the table, her gaze was not on the book at all.

She could truly recite it by heart, but she had not yet found a way to seek justice for Li Si.

Thud, thud, thud! A knocking sound echoed. Google seaʀᴄh novel⸺fire.net

Xu Zhiqian was startled, and then she heard someone softly calling from outside the door, “Miss Qian.”

It was Qingmei’s voice.

“Come in.”

With a creak, the candle flame flickered. Xu Zhiqian hurriedly shielded the fragile flame with her hand and saw Qingmei entering the room.

“Miss Qian, I just went to check. Zhang San’s room still has candlelight, and he even had some pastries and tea sent over a while ago. It seems he won’t be sleeping anytime soon.”

Xu Zhiqian nodded and said, “It seems that he is truly taking the matter seriously.”

Qingmei asked, “Miss Qian, do you think he can come up with a solution?”

Xu Zhiqian sighed softly and said, “I was just trying my luck. I didn’t have much hope for him, but Father seems to have high expectations. I hope he can come up with something.”

Zhang Fei’s initial strategy was to use Xu Zhiqian to cast a wide net and see if he could catch a big fish, not because he genuinely wanted to uphold justice.

He was well aware that he currently didn’t have the capability for that.

For him, the best outcome would be to help the weak while gaining fame and fortune.

The result was fame and fortune, but the process could involve supporting the weak.

Based on this plan, he ought not invest too much effort in this case. After all, Xu Zun had said that this lawsuit was very difficult to win, with almost no chance of success.

But people were complex.

Although Zhang Fei didn’t show it, deep down, he felt a great deal of sympathy for Li Si. He thought Chen Yuteng was being incredibly unreasonable; he had already taken Li Si’s wife away but still wasn’t satisfied, insisting on pushing him to his death.

He was willing to make an effort for this, to see if he could make a difference.

However, after he read through all the relevant laws in the Code of Punishments regarding loans, he only felt more hopeless.

The Song Code of Punishment was largely derived from the Tang Code. However, due to the economic prosperity of the Song Dynasty, many regulations were added in the field of lending and borrowing, most of which were summarized in the “Miscellaneous” section.

While many of these regulations leaned in favor of creditors, they also protected the rights of debtors and were quite detailed. One could not underestimate the wisdom of the ancients.

For example, regarding the exchange rate issue that Xu Zun mentioned earlier, the law explicitly stated: “Those who loan wheat and require repayment in wheat, shall be able to rely on the deed of contract without interference from the government.”[1]

This meant that if you borrowed wheat, you should repay in wheat; a loan of money should be repaid in money. Physical goods should not be used to repay money debts, eliminating the exchange rate problem.

The intention was good, but it inadvertently created more problems and harmed the common people.

It was difficult to restrain high-interest loans. Although the government explicitly prohibited compound interest, in reality, it couldn’t be enforced. They would intervene if it was blatant robbery or fraud. However, for most cases where both parties willingly entered into a contract with proper formalities, the deed of contract was complied with, and the government did not interfere.

If you knew the interest rates were very high and chose to borrow anyway, who could you blame?

Of course, no one dared to blame the government.

“Ah!”

Zhang Fei, feeling frustrated, threw the Code of Punishments onto the table. He shook his head and said, “It seems that for some things, success is difficult to achieve even with effort!”

A hint of frustration could be heard in his tone.

Clearly, he was ready to give up.

This contract, if taken to the modern world, would certainly have a case, but in the present time, there seemed to be no way to proceed.

Stretching lazily, Zhang Fei went to the window, opened it, and saw the eastern sky already turning a fish-belly white. “Oh! It’s already dawn. It’s been a long time since I’ve worked through the night like this.”

As he stretched his arms and looked into the distance, the cool morning breeze blew away the fatigue from his face.

“Ah, today I’ll go and explain to Lady Xu that there’s really nothing I can do about this! Oh well, she’ll probably mock me again. What foolish thing have I gotten myself into?”

After standing there for a moment, Zhang Fei suddenly felt a bit hungry. He returned to the table and picked up a pastry.

“Hmm… Why has the book flipped to the section on marriage laws?”

Zhang Fei distinctly remembered that he had been reading the “Miscellaneous” section. He tilted his head to look at the window, then turned back to himself, muttering, “Right! I’m still a bachelor! In fact, it seems that a man can have one wife and multiple concubines. Heh, I should learn about the current marriage laws.”

So he picked up the Code of Punishments from the table and ate his pastry while reading.

But as he read on, his expression gradually turned serious. Suddenly, he threw the pastry aside and picked up a few copies of the contract from the table to review them.

As he continued to read, he became increasingly excited, saying, “Right! The principle that ‘the people comply with deeds of contract’ applies to civil disputes. But if I can turn this into a criminal issue, then this ironclad rule will crumble on its own. It seems I still need experience; I can’t believe I didn’t think of this earlier. I really shouldn’t have missed this!”

In the evening, Xu Zhiqian stood in the corridor, gazing at Zhang Fei’s quarters from a distance. She asked Qingmei, who was nearby, “Has he not come out all day?”

Qingmei shook her head and said, “I asked Uncle Rong, who went to his room to deliver dinner earlier. Uncle Rong said that Zhang San was still reading and didn’t speak to him.”

Xu Zhiqian pursed her lips in frustration and said, “He doesn’t even know to come and ask for my help, and he talks about cooperating with me.”

Zhang Fei had not left his house all day. Xu Zhiqian had tossed and turned in bed, and when she saw it was daylight, she got up. After freshening up, she rushed to the front yard. However, as she passed by Zhang Fei’s small courtyard, she hesitated at the courtyard gate.

Several times, she thought about knocking on Zhang Fei’s door, but she felt embarrassed. She was a well-bred young lady, and going to a man’s door so early in the morning didn’t seem appropriate.

“Miss Qian.”

“Huh?”

Xu Zhiqian was startled and turned to see Uncle Rong. She quickly asked, ” Uncle Rong, are you here to deliver breakfast to Zhang San?”

Rongbo shook his head and said, “Master Zhang has already had breakfast. He’s currently in the front yard, walking with the Master.”

Upon hearing this, Xu Zhiqian immediately headed to the front yard. She saw Zhang Fei chatting happily with her father and her heart leaped with joy. Could it be that he had come up with a solution?

“Good morning, Father!”

Xu Zhiqian walked over and greeted Xu Zun.

Zhang Fei, being quite tactful, greeted her as well, “Good morning, Lady Xu.”

“Good morning!”

Xu Zhiqian glanced at Zhang Fei and casually asked, “Have you figured out a solution?”

Zhang Fei first looked at Xu Zun and then chuckled self-deprecatingly, “I’ve been fooling around for two days. It turns out there’s no need for any lawsuits. Just have Li Si report it to the authorities.”

Xu Zhiqian found this confusing and asked, “I still don’t understand.”

Zhang Fei explained, “The reason this lawsuit is so hard to win is that such contracts are commonplace, and the people genuinely have a need for borrowing and lending. The government can’t intervene because they can’t solve this problem. But now, it’s different. The government is preparing for reforms, which means the situation will be improved. At this moment, the government needs some cases to demonstrate the legitimacy of these reforms. So, it’s a matter of who dares to report it; whoever reports it will win. In fact, the political situation helped me a lot in winning the previous case.”

Xu Zhiqian understood this explanation and knew that Wang Anshi had played a significant role in bringing this case to Bianjing. However, she couldn’t believe it could be so simple. She turned to her father, Xu Zun.

Xu Zun stroked his beard and said, “I can’t guarantee that this will work. But it is true that the government is planning to implement new laws, and your Uncle Wang Anshi has mentioned several times the problems associated with loans amongst the people.”

Xu Zhiqian’s face brightened with joy. She had unwavering faith in her father and said, “Then I’ll have Li Si report it to the authorities?”

“Report it!” Zhang Fei laughed. “Report it right away. If he doesn’t win, I’ll guarantee compensation!”

Seeing Zhang Fei’s full confidence and Xu Zun remaining silent, Xu Zhiqian felt reassured. She nodded and said, “Alright, I’ll have someone contact Li Si.”

Xu Zun said, “Qian’er, no need to rush. Have your breakfast first.”

“I know!” The voice came from a distance.

Xu Zun shook his head helplessly.

Zhang Fei watched Xu Zhiqian’s hurried figure and suddenly furrowed his brow. He asked, “Benefactor, why does your daughter treat a stranger with such care and concern, but treats me so harshly?”

Xu Zun snorted, “Don’t you already know why?”

Zhang Fei replied sheepishly, “It really was just a misunderstanding.”

Xu Zun said, “Whether it was a misunderstanding or not, it doesn’t matter. What’s important for you to understand is that a person’s reputation is like a thousand-mile embankment, which takes years or even decades to build. Yet, a small ant hole can cause the entire embankment to collapse if you’re not careful.”

Zhang Fei chuckled and said, “Thank you for your guidance. I understand the principles, but I find it too tiring to be a proper gentleman, and it doesn’t suit me.”

Xu Zun asked, “So, do you want to be a scoundrel?”

Zhang Fei shook his head and replied, “I just want to be an ordinary human being.”

Xu Zun stroked his beard and said, “Being easy-going and open-minded, not getting bogged down in trivial matters, is also acceptable. But remember, if you dare to make a mistake in matters of great importance, I won’t spare you.”

After a moment of hesitation, Zhang Fei solemnly said, “I promise you this, Benefactor.”

Xu Zun smiled and then whispered, “By the way, you don’t win this case, you’re in for a tough time, my boy.”

Zhang Fei’s lips curled into a smile. “Don’t worry, Benefactor. We will definitely win.”

[1] This was a tough line to translate because the author is quoting from actual medieval Chinese law and such terms would have their technical meaning. After a little research, I believe “contracts” refer to formal, written contracts, so I have referred to “deeds of contract”, the deed being a formal way of transacting in common law jurisdictions.