Chapter 111: Ancestral Law Jurisprudence
Currently, there was no consensus on the legal nature of ancestral laws.
Everyone knew what ancestral laws were or at least understood the idea of it, but no one could clearly articulate them.
In later history, there were rumors that the First Emperor of the Song dynasty had inscribed a stone tablet with three warnings for future emperors that was kept in a secret chamber in the ancestral temple. This was known as the “Three Warnings Stone”.
The legendary “Three Warnings Stone” supposedly included: “Preserve the descendants of the Chai family,” “Do not kill scholar-officials,” and “Do not increase the tax on farmland.” But it was uncertain whether this stone actually existed.
But even if the stone did exist, it was merely the First Emperor’s personal rules for his family, to be executed by the emperor alone since he was the only one who could enter the room in the ancestral temple to see the stone.
For the Three Warnings Stone to have the force of law across the realm, it would at least need to be publicly announced. This was the bare minimum.
The “Three Warnings Stone” was absolutely secret; no one except the emperor had seen them. Therefore, whether or not they were enforced depended on the emperor’s personal will.
On the other hand, when ministers and high-ranking officials talked about “ancestral laws”, it was actually a vague, omnibus law aimed at the emperor, effective only for him. The ministers could then cite the policies of the First and Second Emperors to elaborate on the so-called ancestral laws.
This was how the officials admonished the emperor for doing whatever he wanted.
This was what the officials knew as “ancestral laws,” not the “Three Warnings Stone.” “I knew you had ulterior motives,” Wang Anshi thought disdainfully as he glanced at Sima Guang.
The other officials showed a hint of strange excitement.
Good heavens!
The trial had only just begun and a heavy bombshell had already dropped.
According to Confucian filial piety, it was taboo to discuss ancestral laws casually.
If spoken well, it was all good; if not, it was very dangerous for you to have spoken nonsense about ancestral laws.
However, Zhang Fei’s reason for filing a complaint was based on ancestral laws. If this point was not clarified, the case could not proceed.
But the concept was very vague. No one present could explain it clearly; nor did they dare to explain it. They only dared to quote the policies of the First and Second Emperors and then label them as “ancestral laws.”
It seemed Zhang Fei was doomed no matter what!
Many officials hoped Zhang Fei would make a mistake.
Even the Emperor, outside the hall, felt a bit nervous.
The concept of ancestral laws greatly constrained him.
This issue concerned his vital interests.
“Regarding ancestral laws…!”
As Zhang Fei spoke, he prepared to search for the documents he had written down for today’s trial. Xu Zhiqian quickly handed him a document.
Zhang Fei glanced at the label, gave Xu Zhiqian an appreciative look, then opened the document and carefully examined it.
The presiding officials were dumbfounded.
Wasn’t this akin to sharpening a spear at the last moment?
Previously, Zhang Fei had relied on his eloquence, but now he had brought the documents to read from directly.
Couldn’t he memorize them?
Idiot!
“Regarding ancestral laws…!”
Lifting his head, Zhang Fei noticed many officials looking at him incredulously, so he explained, “Your Honors, please forgive me. This matter concerns the ancestral laws. I must be cautious to avoid misspeaking.”
Indeed, he dared not speak carelessly; he had to write everything down.
Sima Guang nodded and said, “That is as it should be, as it should be.”
“Thank you, Academician Sima, for your understanding.”
Zhang Fei bowed and continued, “In my humble opinion, the ancestral laws of our Great Song are summed up in this one decree issued by the Second Emperor: ‘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 norms have been established. We shall be judicious in abiding by them, and not presume to commit any transgression.’”
Sitting in the corner, Fu Bi nodded slightly. This statement was indeed the most suitable explanation of the ancestral laws of the Song dynasty.
The entire construction of the political system of the Song dynasty followed the guiding principle of “comprehensive order as precaution against malfeasance.”
“How dare you!”
Qi Hui immediately slammed the table, pointing at Zhang Fei, and said, “You, a mere pen-in-cap, dare to define our dynasty’s ancestral laws? This is a great disrespect.”
Sima Guang and Wang Anshi both looked at Qi Hui and sighed inwardly. They had warned against shouting arbitrarily, and yet, at the start, he couldn’t restrain himself.
Apart from Qi Hui, other presiding judges, including Liu Shu, also muttered their disapproval.
Even three or five observing officials couldn’t help but voice their opinions.
What were the ancestral laws? They themselves dared not define them. On what basis could a mere commoner define ancestral law?
And he spoke so confidently.
If Zhang Fei defined them, then… what could they say in the future?
Facing their scolding, Zhang Fei whispered to Xu Zhiqian, “It’s truly exhausting to argue with such unprofessional officials.”
Xu Zhiqian asked, “What should we do now?”
“Just let them be. What else can we do?”
Saying this, Zhang Fei instinctively reached for his teacup, but it was empty. He grumbled, “How outrageous! No tea prepared, what underhanded tactics.”
After they finished scolding, Zhang Fei said, “Your Honors, you speak so resolutely. May I ask, according to your esteemed opinions, what are the ancestral laws?”
Qi Hui replied, “We dare not define such laws, lest we disrespect our ancestors.”
Zhang Fei smiled slightly, “According to your statements, these ‘ancestral laws’ are ‘undefined laws.’ As for ‘undefined laws,’ I’ve heard of them. What they is mean is that whoever has the biggest fist makes the rules.”
Outside, Emperor Zhao Xu silently praised Zhang Fei.
He had hit the nail on the head!
“Outrageous!”
Liu Shu shouted angrily, “You… you are lawless and unforgivable.”
Zhang Fei smiled and said, “Undefined laws are lawless and breed traitorous ministers. With defined laws, people respect and follow them, bringing peace to the realm. Think about it, isn’t that the case?
Ancestral laws, open and aboveboard, are meant to stabilize the dynasty. If they cannot be discussed, it is not respect but desecration. I think some people want to emulate Cao Cao,[1] attempting to take ancestral laws hostage for personal gain. Such hearts deserve to be punished.”
As he spoke, his eyes widened, emitting a strong aura.
“You…”
Liu Shu was genuinely frightened.
Liu Zhao secretly glanced at the emperor and saw his excited, flushed face. He couldn’t help but smile. This kid’s eloquence was impressive!
“Enough!”
Wang Anshi suddenly spoke, “This question was raised by Academician Sima, not Zhang Fei. If we do not clarify this law, the case cannot proceed.”
Sima Guang glanced at Wang Anshi. You really know how to twist the knife.
With that sentence, he had shifted all responsibility onto Sima Guang.
Liu Shu snorted angrily and sat down.
Qi Hui and other officials looked at Wang Anshi disdainfully.
You are trying to shift the blame, hoping to make us fight amongst ourselves. We won’t let you succeed.
Wang Anshi smiled secretly and asked Zhang Fei, “You just mentioned ‘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 norms have been established. We shall be judicious in abiding by them, and not presume to commit any transgression.’ Is this the ancestral law?”
Zhang Fei replied, “It is the only one.”
Wang Anshi asked, “What is your basis for that?”
See! This is professionalism. Zhang Fei glanced at the document and slowly answered, “Since it is the ancestral law, not the ancestral discourse, ancestral conduct, or ancestral actions, it must have the characteristics of a legal ordinance. First and foremost, it must have a written form. If it is not written, it cannot be considered a law. It can only serve as a reference, but cannot have legal effect.
As I mentioned earlier, if it is ambiguous and lacks a written form, everyone can invoke ancestral law for personal gain, akin to Cao Cao’s manipulation of the emperor to command the feudal lords.
This is the true crime of great disrespect.”
Sima Guang said, “But there the ancestors issued many more decrees. Why do you assert that this decree is the only ancestral law?”
They did not object to this statement being ancestral law, but they did not agree it was the only one.
Zhang Fei flipped through the document, read for a while, and then directly recited, “As we have already discussed, the ancestral law must have the characteristics of a legal ordinance, meaning it must have a written form.
However, the ancestral laws are not included in the Song Code of Punishments, indicating that they are a separate category of laws, possessing uniqueness, binding force, and universality.
Firstly, uniqueness means it is the only one and cannot be replicated. The ancestral law should belong only to the founding emperor, who establishes the foundation of the nation. It is a singular event.”
It would be highly problematic if there were another ‘founding emperor’.
Wang Anshi nodded thoughtfully, thinking, this is an interesting explanation!
The term ‘ancestor’ was indeed controversial.
Given enough time, the number of ancestors would be infinite.
Uniqueness established the founding emperor’s position.
The subsequent ancestors were irrelevant.
Liu Shu and others did not agree internally. Who was Zhang Fei to define this? This was not something that should be defined. But they dared not say much. They had to agree.
The founding emperor was supreme!
Zhang Fei turned a page and continued reading, “Our founding emperor includes both the First and Second Emperors.”
He dared not mention only the First Emperor, as the later emperors were all descendants of the Second Emperor, who was the First Emperor’s younger brother. So he had to include the Second Emperor.
Then he read, “Please listen to the first part of this decree: ‘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 norms have been established.’ This is the Second Emperor’s decree, but it describes the First Emperor’s governance strategy. I’m sure this is well-known to everyone here.”
He glanced at Xu Zhiqian, who immediately handed him another document, already opened. Zhang Fei took it and read, “In the First Emperor’s ascension decree, it states, ‘To reform the old and institute the new – the august throne has just received the grand mandate. To transform the family into the country – all under Heaven shall be covered in great blessings.’[2]
The First Emperor’s decree that he shall ‘reform the old and institute the new’ and ‘transform the family into the country’ align with the Second Emperor’s decree stating that the First Emperor had ‘established a comprehensive order as precaution against malfeasance’. Both Emperors were referring to the founding of the Song dynasty by the First Emperor, proving that the Second Emperor’s decree does indeed summarize the First Emperor’s governance strategy.”
After finishing, he looked at Sima Guang and others.
No one spoke.
But they looked at him with disdain. You even had to read the First Emperor ascension decree from paper? Is this not something you should have memorized?
Fortunately, Zhang Fei was not an official. Otherwise, he would have been expelled.
Every official present could recite it backward.
But admittedly, the argument was quite perfect.
After waiting for a while, Zhang Fei saw no one objected, so he continued, “That the Second Emperor referred to the First Emperor as the one who established the Song political order, shows the Second Emperor’s clear understanding of the uniqueness of ancestral law.”
Han Qi stroked his beard and whispered, “This kid’s debating skills are no less than ours!”
Fu Bi smiled, “Chancellor Han, don’t belittle yourself. He can say things you cannot.”
Han Qi modestly smiled and said, “Indeed. His presence here already means he has won half the battle.”
Indeed, Zhang Fei’s disadvantage was also his advantage. He had fewer things to worry about, since he was just a commoner with nothing much to lose.
Many officials’ expressions changed.
Were they really going to define ancestral law?
Earlier, it was Zhang Fei who mentioned uniqueness. Who would buy it?
Who was Zhang Fei to define it?
But this explanation was compelling. The Second Emperor acknowledged it, saying nothing about his governance but adhering to the First Emperor’s strategy. Who would dare not acknowledge it?
Even from a legal perspective, this logic had legal validity.
Why did it feel hot?
It had just begun, and many officials already regretted fighting this case with Zhang Fei.
They would rather admit fault, compensate, and exempt the aggrieved party from punishment.
Ancestral law being defined by a pen-in-cap was too absurd.
It was something they could not allow.
[1] Cao Cao was one of the warlords during the Three Kingdoms era, who famously took the Han emperor hostage and gave orders on behalf of the Han emperor.
[2] This translation is 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, which is also the source for the translation of the Second Emperor’s decree, as mentioned previously.