Chapter 38: He Has Won Again
In the midst of a storm, even a small pebble can stir up tremendous waves.
Wang Anshi had always believed that the wealthy but unscrupulous landlords were the parasites of the empire. Now that he had stumbled upon this case, and with Zhang Fei causing a commotion, he couldn’t let this opportunity slip by.
He could also use this to accumulate political capital because the Li Si case happened to involve the core elements of his reform agenda. He could use this to promote his own ideas and gain more support from within the imperial court.
Thus, he openly criticized high-interest loans in the imperial court, simultaneously demanding leniency for Li Si and Lady Zeng while advocating harsh punishment for Chen Yuteng.
His actions made the situation more complicated.
If it weren’t for Wang Anshi, officials could have “resolved” matters among themselves. Given Chen Yuteng’s background, the situation wouldn’t have been so thorny. The reason was straightforward; most people had something to hide, so they hoped that such things would be kept quiet.
This was a sort of political understanding.
But with Wang Anshi stirring the pot, the officials below dared not act recklessly, fearing they might get caught in the crossfire. Currently, Wang Anshi was a highly respected and influential minister within the court, who held the Emperor’s favor.
But for now, the Kaifeng Prefectural Office bore the weight of all the pressure.
From the Emperor’s highest officials to the local landlords and common people, all eyes were fixed on Kaifeng Prefecture. Prefect Lu Gongzhu understood the intricacies of this situation, so he didn’t dare to be negligent. He had Chen Yuteng and Lady Zeng taken into custody, and then the second-ranking official of Kaifeng Prefecture, Vice-Prefect Li Kai, was dispatched to personally interrogate them and investigate this case.
In theory, the second-ranking official of Kaifeng Prefecture should not be involved in interrogating witnesses in such a contractual dispute case.
“Prefect Lu.”
“What have you discovered?”
When Li Kai arrived, Lu Gongzhu immediately put down the documents he was holding and inquired.
Li Kai said, “There’s something quite strange.”
Lu Gongzhu hurriedly asked, “What do you mean?”
Li Kai explained, “The witnesses who attested to the contract claim that they only read the contract aloud and were not privy to the negotiations between the parties. The key issue is with Lady Zeng’s testimony. According to Li Si’s initial statement, Lady Zeng was involved from the very beginning. However, when I questioned her about whether the agreement between them was to repay the principal or the entire debt, she claimed she had no knowledge and that it was all negotiated between Li Si and Chen Yuteng.”
Lu Gongzhu asked, “Are you suggesting that Lady Zeng and Chen Yuteng had a prior romantic relationship?”
Li Kai nodded and said, “It’s a possibility, but it’s also possible that Lady Zeng developed feelings for Chen Yuteng after marrying him. At present, it’s difficult to determine. Moreover, according to the ‘Kinship Concealment’ law, even if Lady Zeng is providing false testimony, we can’t do much about it.”
In simple terms, ‘Kinship Concealment’ meant that hiding the crimes of one’s family members was not an offense.[1] Generally, you can’t prosecute them unless it involves two types of crimes: first, crimes of rebellion, and second, offenses similar to domestic violence where family members hurt each other.
Hence, as Lady Zeng was Chen Yuteng’s wife, she could refuse to make any statement that could be detrimental to Chen Yuteng. And you could not force a testimony using torture.
Lu Gongzhu furrowed his brow and began to flip through some papers on his desk.
Li Kai added, “No need to search. Xiangfu County didn’t question Lady Zeng at all, as the county office would typically only consider the contract.”
Lu Gongzhu pondered for a moment and said, “If Lady Zeng had a romantic relationship with Chen Yuteng, why didn’t she turn against Li Si? She’s a significant witness and enjoys the protection of ‘Kinship Concealment.'”
Li Kai continued, “I’ve also considered this. But as Zhang San argued in court, while the debt repayment contract may be legally valid, it lacks common sense. According to Li Si’s situation at the time, he couldn’t have used his wife to repay only the principal.
If Lady Zeng were to make accusations against Li Si, Zhang San would definitely not let it slide and would demand to question her in open court where Lady Zeng may not withstand the pressure. That would be detrimental to her, since at the moment, everyone is quite sympathetic to her. In fact, such questioning may open up leads which may lead to their affair being uncovered. Hence, claiming ignorance now is the wisest course of action for her.”
Lu Gongzhu said, “But this is still a lead. If we can prove their affair, the case would be much easier.”
If proven, they could simply bring the guilty parties to justice and spare Li Si from unwarranted harm.
Li Kai sighed, “I’ve already sent people to inquire, but after two years, it’s challenging to find evidence that conclusively demonstrates that Lady Zeng had an affair with Chen Yuteng prior to their marriage. Most of the villagers believe that Lady Zeng had a good relationship with Li Si. During his illness, Lady Zeng stayed by his side, never leaving, earning the respect and admiration of their neighbors. Even Li Si thinks highly of her, and his testimony is very favorable for Lady Zeng.”
Lu Gongzhu furrowed his brow, “Oh, this is difficult. If we want to accuse Lady Zeng of adultery with Chen Yuteng, we first need to find a way to establish her to be legally Li Si’s wife, and then Li Si must bring the charges for us to accept them.”
According to the Song Code of Punishments, the husband must be the one to accuse his wife of adultery. If the husband didn’t press charges, the government would not hear the case, nor would it intervene.
This law protected the rights of the husband as well as the privacy of the family.
Li Kai nodded, “Exactly. Leaving aside whether we can find a way to invalidate Lady Zeng’s marriage to Chen Yuteng, if we can’t find concrete evidence that she had an affair with Chen Yuteng before, Li Si won’t agree to press charges. He still feels guilty toward Lady Zeng and is determined to protect her.”
Lu Gongzhu sighed, “Given the current situation, I’m afraid we won’t have much time to investigate this speculative issue.”
Li Kai added, “If we delay and refuse to close the case, some might think we’re covering for Chen Yuteng, especially since he’s the nephew of Director Wang.”
Lu Gongzhu asked, “In your opinion, how should we judge this?”
Li Kai explained, “During my interrogation of Chen Yuteng, he proposed a settlement.”
Lu Gongzhu inquired, “A settlement?”
Li Kai continued, “Chen Yuteng admits that it was all his fault. He was too hasty in marrying Lady Zeng, leading to him miscalculating the dates, leading to the current problem. He’s willing to apologize for this and offer 500 strings of cash as compensation, hoping to obtain Li Si’s forgiveness. Based on the circumstances of this case, if Li Si doesn’t press charges, all three of them would be innocent.”
Chen Yuteng wasn’t foolish; he couldn’t claim there was an issue with the contract, so he had to admit fault.
Lu Gongzhu exclaimed, “500 strings?”
For ordinary commoners, this was an exorbitant compensation amount.
Li Kai nodded.
After some thought, Lu Gongzhu asked, “What do you think?”
Li Kai replied, “I believe this is the best solution. Many legal disputes arise from errors in calculations of amounts or dates, and while some are intentional, most are due to miscalculations. We often abide by the principle of ‘the government doesn’t interfere in private agreements’. I believe that Chen Yuteng’s apologetic attitude and compensation amount would seen as satisfactory. Even if he’s sentenced to prison, it would only be for two years, and, Li Si would also have to spend two years in jail, which would be unjust.”
Lu Gongzhu nodded slightly, and he also agreed with this plan. He didn’t want to find Li Si guilty and hoped to achieve justice for him. He said, “But first, we need to convince Wang Anshi. He’s causing a lot of trouble in the imperial court.”
Li Kai added, “We should also discuss this with Zhang San.”
Suddenly, Lu Gongzhu asked, “Do you think this might be the result that Zhang San wanted?”
Li Kai didn’t hesitate and replied, “It’s definitely the result he wanted.”
Even a fool could see that sending Li Si to prison would be detrimental to Zhang Fei in every way.
Lu Gongzhu sighed with his eyes closed and said, “He has won again.”
Lu Gongzhu didn’t personally approach Wang Anshi because he was the presiding judge, and he had no reason to seek Wang Anshi’s approval, especially since the Emperor hadn’t instructed Wang Anshi to be involved in this case. However, the case had clearly become politicized, and he had to consider the political factors. So, he decided to first consult with Sima Guang. Sima Guang also strongly supported this proposed solution and went to discuss it with Wang Anshi.
Now, Sima Guang saw that Wang Anshi was troubled. After explaining the plan, and seeing Wang Anshi remaining silent, he spoke persuasively, “Anshi, this is the best solution. First, Li Si will be acquitted, and he’ll also receive a substantial compensation. He’ll have a worry-free life for the rest of his days.”
Secondly, this is enough to deter those unscrupulous wealthy landlords. Perhaps even more effectively than making Chen Yuteng spend two years in prison since some people value money more than their lives.
Isn’t this what you wanted?”
Wang Anshi looked at Sima Guang and after a brief pause, he suddenly burst into laughter.
Sima Guang was displeased and said, “I’m discussing serious matters with you, and you’re laughing. What’s so funny?”
Wang Anshi laughed heartily and said, “I didn’t say I disagree. You’re begging so desperately; if others didn’t know better, they’d think I’m bullying you. I’m not Zhang San; I don’t have that ability.”
“Phew!”
Sima Guang spat directly in Wang Anshi’s face and said, “You, Wang Anshi, are really ungrateful and utterly despicable. You keep causing turmoil in the imperial court, making everyone anxious such that they have no time to deal with actual government work. Yet, you have the nerve to laugh.”
Wang Anshi wiped his face with his sleeve, feeling quite pleased, and said, “If I didn’t stir things up, would Li Si have received this compensation? As for your claim that everyone is anxious in the imperial court, that’s because they have guilty consciences.”
He became increasingly passionate as he spoke, pointing his finger outward, “What kind of person is Chen Yuteng? Do you think I’m unaware? He could have easily gotten an official position through a grace appointment, but he chose to return home and engage in business. In just a few years, he became the wealthiest merchant in Xiangfu County. Do you think he achieved that through his own abilities? Hmph, people like him are everywhere in the court.”
Sima Guang sighed, took a seat, and said, “You’re absolutely right, and I agree with you. But have you considered that this is not a unique phenomenon in our empire? If you don’t understand this, you won’t be able to resolve this issue.”
Wang Anshi spoke firmly, “I understand it very well. In my view, there is no lack of means but a lack of determination.”
Kaifeng Prefectural Office.
“Is this the result you wanted?” Li Kai looked at Zhang Fei with a half-smile.
Zhang Fei first bowed in respect and then said, “I hope to reduce the compensation amount by a hundred strings in exchange for Lady Zeng going back Li Si.”
This confirmed Li Kai’s speculation, and he chuckled, saying, “I’m afraid Lady Zeng may not want to go back to Li Si.”
Zhang Fei furrowed his brows, looking at Li Kai with confusion.
As the trial was ongoing, Chen Yuteng, Li Si, and Lady Zeng were all still detained in the Kaifeng Prefectural Office.
“Who are you?” Lady Zeng asked.
“I’m Zhang Fei, and I’ve been commissioned by Li Si to assist in his lawsuit.”
“You’re Zhang Fei?” Lady Zeng’s eyes flared with anger for a moment, but she quickly covered her face and began crying, saying, “I have no quarrel with you. Why are you trying to harm me? I’m innocent.”
Zhang Fei said, “Stop crying for a moment. I know you’re innocent, and I’m not trying to harm you. I’m just here to help you return to Li Si.”
Lady Zeng said, “What are you saying?”
Upon hearing this, Lady Zeng suddenly stood up.
Zhang Fei said with a straight face, “Give me a nod, and you may return to Li Si today.”
Upon hearing this, Lady Zeng appeared more panicked, her hands clasping together uneasily.
Zhang Fei asked, “You don’t want to?”
Lady Zeng was momentarily startled and replied with a choked voice, “I’ve already married someone else. I’m too ashamed to face him.”
“But Li Si doesn’t mind.”
“But I do,” Lady Zeng said, shaking her head with tears in her eyes. “I am too ashamed to return to him… I am too ashamed to even carry on living.”
She suddenly stood up and ran towards the wall as if she was going to ram her head against the wall.
Just as she was about to hit the wall, she abruptly stopped and turned to look at Zhang Fei with a startled expression. Zhang Fei was smiling wryly at her, and she realized she had been deceived.
Zhang Fei withdrew his smile and said, “Don’t worry, I’m not here to entrap you. I don’t have that authority. I’m just a bit curious. You had achieved what you wanted, getting married into the Chen family. Why did you want to be so ruthless toward Li Si? From what I know, he hadn’t been unkind to you. After all, you’ve shared a loving marriage.”
Lady Zeng sat back down, murmuring to herself, “I’m innocent. I’m innocent.”
“Excuse me, then.”
Zhang Fei nodded slightly and then left the room.
[1] This is similar to modern-day spousal privilege laws, where spouses are not required to testify against each other. Under Confucian ethics, such a privilege would extend beyond spouses, and would also include other family members.