Chapter 129: Literary Inquisition
Although Bianjing Law Firm reopened today, its desolation broke the record for any store’s opening.
There was only one guest, Sima Guang, and he was there to watch the spectacle.
However, today’s top topic was still “Bianjing Law Firm.”
The contrast was simply too stark.
Previously, when Zhang Fei had sought justice for the Shi family, the Fan family bookstore was once packed.
Everyone had high expectations for the Fan family’s tax accounting services.
Because there were indeed many tricks in commercial taxes, many government offices found ways to collect extra taxes.
Especially for small merchants who had a lack of security. A single unlucky shipment could result in total loss.
As for the wealthy merchants like Fan Yong and Chen Maoqian, they played a different game. They were not concerned with justice, but with profit.
The higher the expectations, the greater the disappointment. As soon as the doors opened, it was dead.
Being the most powerful government office in the Song Dynasty, the Three Financial Bureaus had numerous methods. Even within the law, they could make it impossible for you to do business.
Because the government was the biggest merchant, controlling all the sources of major commodities.
Who dared to defy them?
It was hopeless!
But this didn’t mean the firm couldn’t open. If anyone had grievances, Zhang Fei would still be their first choice.
This position was irreplaceable.
However, for Zhang Fei, merely handling lawsuits without other legal services made it hard to grow.
Any business needed to provide a wide range of services to make big money.
Of course, lawsuits were still the most important. If you couldn’t uphold justice, no one would seek your legal services.
The two were complementary.
Su Shi’s lawsuit was definitely a hot commodity that other firms would vie for.
Su Shi was very famous in Bianjing, and his lawsuit would attract a lot of attention.
It had to be handled cautiously.
Why did Zhang Fei and Xu Zhiqian go home to study the case? Not because there was a bed at home, but because the law firm’s archives were not yet set up, and a lot of materials were still at Xu’s house.
As soon as they got home, they began their research.
With the previous experience, Xu Zhiqian was more adept this time.
She knew how to proceed.
However, the Song Dynasty’s regulations on copyright were virtually non-existent. All cases were dealt with administratively, often involving people with special connections.
Usually, officials or prominent scholars would complain to the authorities about pirated copies.
Given their status, the authorities would typically send their runners to handle it.
If they wished to be civil, they would advise, “Don’t print, don’t print, and if you do, don’t have any errors or false representations.”
If they did not care to be civil, they would simply smash the printing blocks.
More often, they would take the opportunity to ask for some money from the publisher.
Afterwards, people would continue printing, and those scholars couldn’t possibly fuss over it every day.
Su Shi was rather petty; he would certainly complain whenever he saw it.
But even though the authorities sometimes took action, this wasn’t even about maintaining public order; it was purely about giving the complainant some face.
The two studied all day and concluded that invoking theft law would be the most appropriate to reach the level of court litigation.
But that wasn’t what Zhang Fei wanted, nor was it Su Shi’s demand.
If it was just to shut down the Gathering the Capable Bookstore, that was possible, but Zhang Fei and Su Shi both wanted copyright law.
There was a significant difference between theft law and copyright law. They couldn’t be entirely categorized together, as that would lead to many legal issues.
The main problem was that the definition of theft law was too narrow, making it hard to form the basis for development of a new law.
After a whole day of discussion, they had no result.
The next morning, Xu Zhiqian came to Zhang’s house again, and the old man Xu Zun, who was on holiday, quietly followed.
As a scholar, he was also very interested in this case.
“Last night, I thought of someone who gave me a lot of inspiration.”
Seeing the father and daughter, Zhang Fei excitedly said.
Xu Zhiqian hurriedly asked, “Who?”
“Song Jiang,” Zhang Fei said excitedly.
“Song Jiang?”
The father and daughter looked at each other, bewildered.
Oh right! Song Jiang might not even have been born yet. Damn, I got too excited again.
Zhang Fei quickly said, “Never mind who Song Jiang is. The point is that I thought of a case where Song Jiang wrote a poem that referenced ancient rebels, and the court judged it illegal.”
Xu Zhiqian said, “That should be a crime of treason.”
Zhang Fei said, “But he just recited a poem without any intention to rebel. Can it still be judged as treason?”
Xu Zun pondered, “Without motive and action, it shouldn’t be treason but rather ‘bewitching the masses.'”
Zhang Fei was stunned and quickly asked, “Benefactor, what kind of crime is that?”
Xu Zun said, “It’s a crime under the banditry laws, originating from the Qin and Han dynasties. Our dynasty’s law follows the ‘Tang Code,’ except reinterpreted through imperial edicts.”
Imperial edicts were similar to legal commentaries but usually involved the emperor interpreting the law through edicts, which were considered to have legal effect.
This showed that from a legislative perspective, the emperor was above the law.
However, in the Song Dynasty, imperial edicts had to be discussed with ministers and followed strict procedures, not something the emperor could dictate at will.
During the trial of Ayun’s case, Emperor Zhao Xu’s judgment included an edict regarding voluntary surrender because the debate was whether Ayun qualified for reduced punishment due to voluntary surrender. The emperor’s edict conveyed that it was applicable.
But later, the ministers collectively rejected it.
“Applicable, my foot!”
“Do you, Zhao Xu, understand the law?”
“If you don’t, don’t talk nonsense.”
However, imperial edicts usually involved adjusting penalties, such as caning one hundred times or fifty times. Adding to or interpreting the law was rare.
This showed Ayun’s case had many unique aspects.
Could the emperor use legal interpretation to pursue his interests? The answer was yes, but it was very difficult.
Zhang Fei quickly grabbed a copy of the “Song Code of Punishments” and began to read.
Xu Zhiqian also grabbed a copy. She wasn’t very familiar with this law because it was rarely used, and she had never encountered it.
“Found it!”
Zhang Fei read aloud, “If someone bewitches the masses verbally or through writing, they will be punished accordingly. If he does not fool the masses, he shall be exiled a thousand miles away. If the words are harmless, he shall be caned one hundred times. If someone privately possesses bewitching writings, even if not used, he shall be punished with two years of penal servitude. If the words are harmless, he shall be caned sixty times.”
Then there were the commentaries.
For example, how to define creating or spreading bewitching writings.
And what constituted “the masses.”
It was written clearly and plainly.
After reading, Zhang Fei asked, “Does this crime include writing poetry that incite rebellion?”
Xu Zun nodded, “Although this crime mainly targets those who use the supernatural and occult to hoodwink the masses,[1] if the poem contains insinuations or incitements, it can be considered bewitching words that deceive the masses and can be prosecuted.
The main difference from treason is whether there is actual action. If there is, it’s treason; if not, it’s this crime. However, the maximum penalty for this crime is also hanging.”
In fact, the phenomena of ‘literary inquisition’ stemmed from this crime.[2]
Zhang Fei asked, “Why is bewitching the masses considered a crime?”
Xu Zun said, “Because it endangers the state’s stability.”
Zhang Fei asked, “Is this part of the legal rationale behind this crime?”
Xu Zun nodded, “Of course.”
Zhang Fei smiled and nodded, “Let’s go with it.”
Xu Zhiqian suddenly said, “Zhang San, are you trying to harm Mr. Su?”
Zhang Fei was taken aback, “Why do you say that?”
Xu Zhiqian said, “Weren’t we talking about piracy? How did it turn into the crime of bewitching the masses? If we use this charge, wouldn’t Mr. Su be the defendant?”
Although the collection was printed by the Gathering the Capable Bookstore, if prosecuted for bewitching words, the focus would be on the content, not the piracy.
Zhang Fei’s eyes lit up, “That’s actually a good idea. With Mr. Su’s fame, involving him would generate enough buzz.”
He pondered whether to let Su Shi experience a literary inquisition in advance as a lesson for him to stop talking nonsense in the future.[3]
Xu Zun frowned, “What are you talking about?”
Zhang Fei quickly explained, “Benefactor, don’t be angry. I was just joking. I’m not trying to harm anyone; I’m trying to legislate. It has to attract enough attention from the imperial court and the public.”
Xu Zun was shocked, “Legislate? How can you legislate?”
He was dumbfounded!
A mere pen-in-cap wanting to legislate?
This was even more outrageous than defining ancestral law, which was just about interpretation. Legislation required a formal process.
Zhang Fei chuckled, “I have my ways.”
Xu Zhiqian said, “If you want to sue Mr. Su, I won’t help you.”
Zhang Fei said, “Don’t worry, I won’t do that.”
Just then, Li Si shouted from outside, “Brother San, Brother San, the madam and the others are back.”
“They’re back sooner than I expected!”
Zhang Fei was delighted and said to Xu Zhiqian, “Let’s talk later.”
With that, Zhang Fei immediately went out.
Except for Shi Tingxiu, everyone else had returned.
“Why are you back so soon?”
Zhang Fei asked with a smile.
The burly Niu Beiqing squeezed forward, “We heard Benefactor was in trouble, so we rushed back. Shi Tingxiu couldn’t come because he’s in mourning for his brother.”
“In trouble?”
Zhang Fei was dumbfounded, wondering what trouble he was in.
Feng Nanxi said, “We heard your new shop was being suppressed by the government and competitors.”
They had planned to stay for three months but rushed back to help upon hearing about Zhang Fei’s troubles with opening his tax accounting services.
“So it was because of that!”
Zhang Fei finally understood and glanced at Gao Wenyin, noticing she looked much more haggard, her eyes still red and swollen. After a moment of contemplation, he said, “It’s good you came back; I need more hands.”
Niu Beiqing immediately said, “Whatever you need, just say the word.”
Zhang Fei smiled, “We’re still planning. You can rest for now.”
Then he turned to Gao Wenyin, “Wife.”
Gao Wenyin, as if waking from a dream, quickly lowered her head, “Husband.”
The word “husband” was barely audible.
Zhang Fei didn’t mind, “You look tired. Go rest in your room.”
“Yes.”
Gao Wenyin nodded slightly and woodenly walked to the backyard.
After she left, Zhang Fei complained to Feng Nanxi, “Is this how you take care of people?”
Feng Nanxi sighed, “Honestly, Benefactor, seeing Sister-in-law like this makes us sad too. We wanted her to come back earlier, but she wouldn’t listen. She only agreed to come back after hearing about the situation.”
Zhang Fei nodded slightly, thinking he needed to spend some time talking to her.
[1] A famous example of this that would be familiar to fans of the Romance of the Three Kingdoms is the Yellow Turban Rebellion, where the rebel leader Zhang Jue was able to amass a following due to his proclamations of supernatural powers.
[2] The phenomena of ‘literary inquisition’ refers to official persecution of intellectuals for their writings, sometimes involving very exaggerated or remote interpretations of those writings to ultimately qualify those writings as being offensive.
[3] In actual history, Su Shi got into trouble for writings that were critical of Wang Anshi’s reforms (see wiki under Political Exile).