Judge of the Song Dynasty

“Don’t look at me like that,” Zhang Fei said.

Facing Xu Zhiqian’s skeptical gaze, Zhang Fei explained, “Li Si is but a poor man, and now he can get the wealthy Chen Yuteng to be his prison mate. Moreover, Li Si has turned himself in, which can reduce his punishment. I will strive to help Li Si avoid physical punishment, and let him watch Chen Yuteng get flogged. All his resentment will be vented.” Official source ıs novel·fire.net

Xu Zhiqian first smiled gently, then her smile faded, and she said coldly, “I don’t believe you.”

Zhang Fei remained unfazed and asked, “Why don’t you believe me?”

Xu Zhiqian said, “Perhaps that would be enough for Li Si, and it could indeed help him vent his anger. But if you can’t ensure Li Si’s safety, who will dare to hire you for legal matters in the future? Besides, where will you find a hundred strings of cash for Li Si? The contract doesn’t say that if he goes to jail, you don’t have to pay him.”

Zhang Fei awkwardly chuckled.

“Are you trying to extort Chen Yuteng with this?” Xu Zhiqian voiced her suspicion.

“What a terrible choice of words! It’s surprising that you’ve studied the law and consider yourself a professional. How can you utter such an irresponsible statement?”

“Then what words should I use?” Xu Zhiqian asked.

Zhang Fei corrected her, “If Chen Yuteng is willing to pay a settlement sum to compensate for his wrongful actions and seek forgiveness from Li Si, I believe the court might consider the matter closed. After all, it is not easy to pass judgment on this case.” Indeed, this was as Xu Zhiqian thought. She gave a look of disdain and said, “This is clearly extortion.”

“Hey, why do you have to be such a stickler? But I can be an even greater stickler,” Zhang Fei retorted, “According to your logic, when the Treaty of Chanyuan was signed, would it constitute extortion by the Liao empire against our country?”[1]

“…!”

With that heavy accusation, Xu Zhiqian’s face turned pale. She didn’t dare to argue further, or even mention extortion again. Instead, she asked, “How much of a ‘settlement sum’ do you plan to ask for?”

She deliberately emphasized the pronunciation of “settlement sum”.

Zhang Fei slowly raised his hand and, with embarrassment, opened his fingers in front of her.

Xu Zhiqian abruptly stood up, “Five hundred strings?”

It definitely wasn’t fifty strings because Zhang Fei had promised a hundred strings to Li Si. How could he be willing to bear the cost himself?

Zhang Fei cautiously replied, “That’s an ideal amount. It’s not set in stone, not set in stone.”

Xu Zhiqian complained, “You want five hundred strings but are only willing to give a hundred to Li Si. You’re too greedy.”

Zhang Fei scoffed, “Firstly, I can’t guarantee how much I can get, can I? I’m confident about a hundred strings, that’s why I promised a hundred. Secondly, you were the one who pushed me into this, weren’t you?”

Xu Zhiqian felt baffled, “When did I push you?”

“You’re really…!” Zhang Fei rolled his eyes and said, “It was because you were in such a hurry to get me out of here in the first place that I was forced to take on this case, right? Otherwise, I’d be sleeping on the streets. If you had allowed me to continue staying here…!”

Before he could finish, Xu Zhiqian waved her hand and said, “Don’t even think about it. I’ve already asked Qingmei to find you another place to stay.”

Zhang Fei’s face brightened upon hearing this. He repeatedly thanked her, “Thank you, thank you!”

Xu Zhiqian gave him a stern look and thought to herself that he might not actually get that much money, so she decided to wait for the results before saying more.

***

There was also an argument happening on Lu Gongzhu’s end.

After leaving the courtroom, Lu Gongzhu felt a headache coming on. He immediately reviewed the matrimonial laws, realizing that what Zhang Fei had said made sense. However, he also sensed something was amiss and was unsure how to make a fair judgment.

So he consulted his friends, Qi Hui from the Court of Penal Review and Liu Shu from the Ministry of Punishments.

“This is simply nonsense,” Qi Hui exclaimed upon hearing the result. “How can these two charges coexist? It’s impossible.”

He was astonished and stared at Lu Gongzhu, thinking, “It’s such a straightforward issue. How can you not understand?”

Lu Gongzhu sighed and said, “I thought the same way at first, but this case isn’t that simple. The law doesn’t explicitly state that these two charges can’t coexist. We have to see if what Lady Zeng did corresponds to the charge of desertion and if what Li Si did corresponds to the charge of wrongful sale of the wife.”

After hearing this, Qi Hui considered the details of the case and was left dumbfounded. After a while, he wore an expression of disbelief and said, “Looking at it this way, these two charges can indeed coexist.”

Liu Shu suddenly chimed in, “The key lies in the second contract. If Chen Yuteng hadn’t pursued interest in the first place, there would have been no problem. It’s his insistence on getting interest that has caused the issue. He’s brought this upon himself.”

As an official in the Ministry of Punishments, Liu Shu was well-versed in the law. It was because Chen Yuteng had set a trap in the second contract by strongly emphasizing that it was the principal that was to be discharged, deliberately omitting any mention of the interest, that the contract itself had loopholes, providing Zhang Fei with an opportunity.

“That’s where the problem lies,” Lu Gongzhu lamented. “Even if Chen Yuteng brought this upon himself, and Li Si has confessed, what about Lady Zeng? We both know she’s innocent. She sold herself to save Li Si and yet still ended up with a charge of desertion. That’s not fair. If we make this judgment, it will undoubtedly draw a lot of criticism.”

In the previous case of Ayun, he had initially sided with Wang Anshi. This demonstrated that he cared more about the underlying reasons and was inclined to decide between harsh or lenient punishments based on the motives and intentions of the offender.

In his heart, both Li Si and Zeng were victims, and the government shouldn’t punish them. This was the reason he hadn’t given an immediate verdict, rather than any intention to protect Chen Yuteng.

Qi Hui frowned and said, “But there’s no reason to exempt Lady Zeng from the charge of desertion. If her charge doesn’t hold, then the charges against the other two shouldn’t stand either. However, we can’t make the judgment that way.”

The more he talked, the more he felt something was amiss. He continued, “Zhang San is clearly playing word games with us, and we don’t need to buy what he’s saying.”

The government could simply choose not to recognize these word games. Ultimately, officials were in charge, not litigators. There wasn’t strictly a need to be so rigorous.

Lu Gongzhu said, “You’re right, but what kind of trick do you think Chen Yuteng is playing?”

Qi Hui was suddenly at a loss for words.

Chen Yuteng was also playing word games, and they couldn’t treat them differently. If they did, it would appear as though they had double standards, and it would look bad and be difficult to justify to the public.

Liu Shu added, “I think the problem lies with the interest. If we declare the interest null and void, many of these issues disappear.”

Lu Gongzhu sighed, “That kid Zhang San had anticipated this from the beginning. That’s why he didn’t prompt Li Si to confess initially. Instead, he questioned the Xiangfu County’s judgment, leading me to affirm the correctness of Xiangfu County’s verdict. If we want to declare the interest wrong, we’d have to overturn Xiangfu County’s judgment. More importantly, Li Si has already been beaten in Xiangfu County. If we overturn Xiangfu Couty’s judgment, who knows, that Zhang San might even sue Xiangfu County.”

The three men exchanged glances.

Sue the government?

He probably wouldn’t dare.

But.

Was it necessary embarrass themselves by changing their ruling, just for the sake of Chen Yuteng?

There was no need for them to be so self-sacrificial.

***

Due to the extremely peculiar nature of this case, it immediately spread throughout the imperial court. Especially since the instigator was none other than Zhang San, which made everyone discuss the case.

This included the highest think tank of the Song Dynasty, the Hanlin Academy.

It was already late at night, but Wang Anshi and Sima Guang, two workaholics, were still working at the Hanlin Academy.

Starting from their days working under Bao Zheng, the two of them were always among the last to leave work. After work, they often found a teahouse and continued their debates.

Today was no exception.

“I’ve seen many cases like this. It’s clear to anyone with discernment that the real troublemaker in this case is Chen Yuteng. This man’s greed is insatiable, not only did he steal another man’s wife, but he also tried to seize his ancestral land. People like him deserve severe punishment —the chicken must be killed to scare the monkey.[2] As for Li Si and Lady Zeng, I believe their charges should be dropped,” Wang Anshi said with righteous indignation.

Wang Anshi had a deep-rooted disdain for wealthy and heartless landlords, and upon seeing this case, he was immediately infuriated.

Sima Guang couldn’t help but feel a headache coming on as he watched Wang Anshi explode right there. He quickly tried to calm the situation, saying, “Anshi, don’t get so worked up. Yes, you’re right, Chen Yuteng is indeed a greedy man. But have you considered why Zhang San, who was originally helping Li Si with the lawsuit, would personally send Li Si to jail?

It’s because he knows that the law stands above emotions, and we can’t rely on our personal preferences to make judgments. Even a pen-in-cap understands this. As a high-ranking official in the court, you can’t treat the law as a child’s game.”

Sima Guang was a first-class genius, and upon hearing the outcome, he knew what Zhang Fei was up to. This matter wasn’t over yet, so he advised Wang Anshi to be patient.

“A child’s game?” Wang Anshi smiled coldly. “Do you think that human lives are a child’s game? Those insatiable landlords have pushed the common folk to the point of desperation, where they have to resort to desperate measures to seek justice. Doesn’t that make you angry?”

Sima Guang was also getting irritated by the retort. “I’m not Chen Yuteng, why are you taking it out on me? I didn’t say I wouldn’t help Li Si seek justice, but I believe it should be done through the law, not recklessness.”

Wang Anshi waved his hand and said, “I think the law itself has problems. This case is just the tip of the iceberg, and Li Si is merely fortunate to have someone step in to help him. Many other common people don’t even have the opportunity to seek justice. If this continues, public anger will boil over, and the country will be in danger. The imperial court must seek reform to address the root issues.”

He understood Zhang Fei’s intentions, and it was like sending a gift to his doorstep. This was an excellent opportunity to push for his reforms.

“You…”

Sima Guang felt that this old man was just too unfair. They were clearly discussing the case, and yet he had to bring up his reforms.

Would they even be able to have proper conversations in the future?

Despite their frequent arguments, Wang Anshi and Sima Guang had a very good relationship. They admired each other’s morals, conduct, and intelligence, which was why they often debated, hoping to convince each other. If the other were a shameless person, Wang Anshi and Sima Guang would not even bother with them.

It wasn’t until Wang Anshi began implementing his reforms that their relationship completely soured.

Suddenly, someone at the door said, “Why are the two Academicians arguing again?”

The two turned to see a young man in a white robe entering the room. They quickly bowed and saluted, “Your Majesty.”

The visitor was none other than Emperor Zhao Xu.

At this point, he was full of energy and eager to make his mark. He often came over in the evenings to discuss state affairs with the Hanlin Academy’s academicians.

“No need for such formalities.”

Emperor Zhao Xu sat down and asked, “What were you two arguing about?”

Wang Anshi hurriedly replied, “Your Majesty, we were just discussing a court case in Kaifeng Prefecture.”

Emperor Zhao Xu was curious and asked, “What kind of case could get you both so heated?”

Sima Guang chuckled awkwardly, feeling somewhat embarrassed.

Wang Anshi, on the other hand, was quite open and said, “It’s a civil lawsuit regarding a debt, Your Majesty.”

Upon hearing this, Emperor Zhao Xu’s expression changed slightly.

Sima Guang gave Wang Anshi a disdainful look.

Wang Anshi pretended not to notice and proceeded to explain the reasons behind the case to Emperor Zhao Xu.

“That Zhang San again?”

Emperor Zhao Xu was briefly taken aback and seemed particularly concerned about this pen-in-cap.

Sima Guang and Wang Anshi both nodded in agreement.

“Heh, this pen-in-cap is really something. A single trip to the Kaifeng Prefecture and he stirs up the entire imperial court,” Emperor Zhao Xu remarked with amusement. Seeing the two academician looking at him with frustration, he cleared his throat and asked in a more serious tone, “However, this case sounds quite contradictory. Zhang San is helping Li Si with the lawsuit, yet he ends up sending Li Si to prison. The charges of ‘desertion’ and ‘wrongful sale of the wife’ are also at odds with each other.”

Wang Anshi patiently explained the case to Emperor Zhao Xu, who suddenly had a realization and said, “Zhang San is indeed quite clever.”

Sima Guang added, “While Zhang San did send Li Si to prison, his intention was still to assist Li Si and to ensure that Chen Yuteng gets punished.”

“Hurting yourself to hurt your opponent,” Emperor Zhao Xu nodded thoughtfully and then asked, “What do the two of you think the verdict should be?”

Wang Anshi quickly responded, “I believe Chen Yuteng should be severely punished, and the charges against Lady Zeng and Li Si should be dropped.”

Sima Guang, on the other hand, said, “I disagree. The law is not to be taken lightly. While we all know that Chen Yuteng is the true mastermind—and I also support leniency for Li Si and Lady Zeng— we must abide by the law when making judgments; otherwise, it will not be convincing.”

Emperor Zhao Xu nodded slightly, deep in thought.

Meanwhile, news of this case had created quite a stir. Wang Wenshan was among the first to hear about it, and she immediately sent word to his nephew, Chen Yuteng. Chen Yuteng rushed to the capital as soon as he got the news.

Actually, the Kaifeng Prefecture had already dispatched runners to arrest the couple.

In the Wang residence:

“Uncle, I am innocent. It was Li Si, that scoundrel, who framed me,” Chen Yuteng, a thirty-year-old man, knelt before his maternal uncle, Wang Wenshan, sobbing like a child.

For someone born with a silver spoon in his mouth, serving two years in prison was no different from being killed. Chen Yuteng couldn’t bear this suffering.

Wang Wenshan was furious and scolded him, “You were too greedy! Taking someone else’s wife was not enough for you, you had to lay claim to their ancestral land as well. All of this is your own doing!”

Chen Yuteng, however, sobbed, “I’m innocent! I’m wronged! I fell in love with Lady Zeng, and it was her idea to create that contract in the first place. It was a precaution in case Li Si refused to let her go, and it turned out exactly as she had anticipated. That Li Si had clearly sold Lady Zeng to me, but then he started going around accusing me of taking his wife, tarnishing my reputation. That’s when I decided to use the situation to drive him out of Xiangfu County.”

Wang Wenshan asked, “Is that true?”

Chen Yuteng replied, “I would never lie to you, Uncle. Before, when Li Si fell seriously ill, Lady Zeng came to my pharmacy to buy medicine. This happened repeatedly, and, well… we fell in love.”

Wang Wenshan thought for a moment and said, “You may stand up for now.”

Chen Yuteng hesitated before asking, “Uncle, are you willing to help me?”

After a brief pause, Wang Wenshan said, “You should go to the Kaifeng Prefectural Office and wait there. Rest assured, I won’t let you go to jail. Our family can’t afford the embarrassment!”

[1] The Treaty of Chanyuan was signed between the Song empire and the Liao empire after the Song empire suffered military defeat against the Liao. Under the treaty, the Song had to make yearly payments to the Liao. This was extremely embarrassing for the Song, and they saved face by getting the Liao to regard the Song as an “elder brother”. The implication here is that if “settlement sums” were regarded as extortion, that would lead to the embarrassing conclusion that the Song empire was being extorted, a conclusion that would potentially kick up a storm.

[2] This is a Chinese saying describing the need to do something to have a deterrent effect on others.