Chapter 103: Ancestral Law
Inspired by Zhang Fei’s encouragement, Feng Nanxi was filled with confidence and determination. Zhang Fei involved him not because he was well-versed in the law but because he was one of the parties involved, fully aware of the events, and had conducted his own investigations afterward.
Having already inquired broadly before, this time Zhang Fei focused on detailed questions, his specialty. He often asked about details others overlooked.
Once he had the detailed statement, Zhang Fei took it to Xu Zun for review.
The Xu family, both father and daughter, were invaluable to Zhang Fei. Xu Zhiqian provided technical support, while Xu Zun offered experiential insight.
Understanding the functioning of the Northern Song government wasn’t something that could be grasped overnight!
After reviewing the statement, Xu Zun maintained his original judgment, “The key to this case lies in that box of stones. If we can find evidence, the case might be overturned.”
But then he sighed, “To be honest, I’ve recently reviewed some cases related to corvée labor, and many of them have issues. This isn’t an isolated incident. So… your judgment is correct. Investigating this case will face great obstacles. Based on this statement, they lack witness and material evidence, so finding proof might not be possible.”
Zhang Fei said, “Even if it were, I wouldn’t risk it.”
This was systemic corruption, and overturning the case could implicate many people. Without assurance of a fair investigation, Zhang Fei wouldn’t take that step lightly.
He understood that he might also be dragged into it. Xu Zun nodded in understanding.
Xu Zhiqian asked, “Now that you have the support of Academician Wang and Academician Sima, how do you plan to sue the court?”
Xu Zun was also very curious, “Indeed, to sue anyone, regardless of who they are, you need specific legislation to support your case. I’ve been combing through the Song Code of Punishments recently and still can’t find any article within that allows you to sue the court.”
He had been pondering this issue lately. Nowadays, commoners could sue officials for corruption, potentially extending to entire government offices.
But suing the imperial court itself? He had no idea how to approach it.
The most crucial point was that the Emperor was the head of the imperial court. Suing the court would mean suing the Emperor as well.
Suing the Emperor?
This…!
This was truly courting death.
Zhang Fei said, “Ancestral law.”
“Ancestral law?”
Xu Zun and Xu Zhiqian were both taken aback.
Zhang Fei explained, “The rules set by the First Emperor and the Second Emperor.”
When it came to “ancestral law,” many history enthusiasts were quite familiar with the concept because it was often mentioned in the Ming Dynasty. Although the idea had existed since ancient times due to Confucian emphasis on filial piety, it wasn’t frequently cited before the Song Dynasty.
During the Han and Tang dynasties, China was in an expansionist phase.
In such circumstances, it was impossible to adhere to ancestral laws; they had to adapt to the times. When Emperor Wu of Han came to power, he changed the existing systems and ideologies.
He was the ancestor himself.
Li Shimin, the second emperor of the Tang dynasty, had forced his father to abdicate and certainly didn’t follow his father’s rules.
But by the Song Dynasty, China had ceased expanding, and policies shifted inward.
The concept of ancestral laws flourished in the Northern Song, becoming a systematic concept.
The first to systematize ancestral laws was Ouyang Xiu, but it was Sima Guang who truly popularized the idea.
During Wang Anshi’s reforms, Sima Guang wielded the banner of ancestral laws.
After Sima Guang, ancestral laws became the creed of conservatives, allowing them to use these “ancestral laws” to argue against reform.
But for now, ancestral laws were just gaining popularity.
Ancestral laws weren’t formal statutes though they were typically cited by officials. For a pen-in-cap like Zhang Fei to cite ancestral laws was preposterous.
Xu Zun took a moment to process this, “But these aren’t formal statutes.”
Zhang Fei said, “Though not statutes, they surpass statutes because even the Emperor must obey them. Only by citing Ancestral Law can we sue the entire court, including the Emperor, with justification and without being accused of great disrespect.”
Zhang Fei had realized this early on. In his era, suing the government often involved constitutional law. While there was no constitution here, ancestral laws served a similar purpose.
Xu Zun still struggled to understand, contemplating deeply.
Xu Zhiqian, however, nodded, “Father, I think Zhang San’s plan can work. Didn’t Fan Zhongyan and others often cite ancestral laws to persuade the Emperor? If ministers can use them to restrain the ruler, then the common people can also use them to restrain the imperial court.”
“You understand nothing!”
Xu Zun glared at her, “The law is codified and extremely precise, allowing no deviation. Although there is talk of ancestral laws, they aren’t codified statutes. No one can clearly define them, and few among the populace understand them. If ancestral laws or instructions were treated as actual law, it would create chaos.”
Though he often employed unconventional methods, he was also a legalist.
Fan Zhongyan, Ouyang Xiu, and others cited ancestral laws, referring to precedents and policies set by the First and Second Emperors, collectively termed ancestral laws. But treating them as formal law would disrupt the entire judicial system.
Why bother with the Song Code of Punishments if you could just refer to historical records?
Zhang Fei said, “Benefactor’s concern is that ancestral laws are currently vague and unspecified. I intend to formalize ancestral law. This will not disrupt the judicial system; it will enhance it.”
“What… what are you saying?”
Xu Zun was dumbfounded, “You intend to formalize ancestral laws?”
Zhang Fei smiled and nodded.
Xu Zhiqian blinked, “How is that possible?”
Father and daughter looked at Zhang Fei as if he were crazy.
A lunatic!
You, a pen-in-cap, defining ancestral laws?
The Emperor and officials would have to commit suicide.
Why live?
To endure endless humiliation?
Zhang Fei smiled, “In the courtroom, anything is possible. Besides, I understand the law better than they do.”
Xu Zun asked, “Then tell us, how do you plan to define it?”
Zhang Fei said, “I previously reviewed some records from the First and Second Emperors and found that the Second Emperor issued a decree stating, “It has been twenty years since the late Emperor founded the dynasty. He established a comprehensive order as precaution against malfeasance. The laws have been fixed and things have acquired their normality. We shall be judicious in abiding by them, and not presume to commit any transgression.”[1]
Xu Zun stroked his beard, “This does qualify as an ancestral law.”
Xu Zhiqian asked curiously, “I know this decree too, but how does it relate to this case?”
Xu Zun was also curious.
This decree certainly held legal weight since the Second Emperor was affirming the First Emperor’s policies, stating that they should be strictly adhered to. If even the Second Emperor wouldn’t deviate, who would dare to?
But how did it relate to this case?
Zhang Fei said, “This decree essentially advocates for laws and policies that are comprehensively well-designed so as to prevent malfeasance. Does the corvée labor system properly prevent malfeasance?”
Xu Zun pondered for a moment, understanding Zhang Fei’s point, “Isn’t this somewhat far-fetched?”
Zhang Fei smiled, “As long as the logic holds, it’s not far-fetched. Of course, this decree alone lacks persuasive power. We need substantial case examples as evidence to argue that this case violates ancestral law. This is where I need your support, Benefactor.”
Just like the specific explanations under the Song Code of Punishments, the decree needed extensive case examples to support its interpretation. While everyone understood the general idea, there was no formal textual explanation, which was why Xu Zun thought it wasn’t a formal law. If treated as one, it would cause chaos.
But Zhang Fei believed it had legal weight, and the Emperor wouldn’t dare oppose it.
However, such lawsuits revolved around the power of interpretation.
This required numerous case examples to support the interpretation.
The Court of Judicial Review held many such cases.
Xu Zun didn’t fully grasp the concept yet but, being a legal maverick himself, was curious whether this could work.
So he agreed to support Zhang Fei.
Let’s see how you play this.
I’ll learn from you and use it next time.
[1] This translation of a passage from an actual historical document is adapted from the book
The Ancestors’ Instructions Must Not Change: Political Discourse and Practice in the Song Period by Deng Xiaonan translated by Kek Koon Wee. The phrase “comprehensive order as precaution against malfeasance” is seen to encapsulate the core thinking behind the design of the Song political system by the First and Second Emperors of the Song dynasty.