Chapter 140: Before the Breaking of Dawn
Zhang Fei, having studied law, only remembered theoretical knowledge about various things – just a few basic concepts. For example, with gunpowder, he knew the proportions of saltpeter,charcoal and sulfur needed, but had no idea how to actually obtain saltpeter or sulfur or how to produce the charcoal.
However, he firmly believed that money could make up for everything.
Besides, movable type printing already existed at that time, though few people used it. With enough money, it could certainly be arranged.
After returning home, Zhang Fei immediately summoned Feng Nanxi.
“Benefactor, you called for me?” Feng Nanxi entered the hall.
Zhang Fei nodded and said, “Go withdraw 100 strings of cash from our household account for the printing shop, and another 100 strings for the law firm.”
He needed to pay the law firm 100 strings because although he hadn’t received any actual income from these two cases, according to his contract with the law firm, he could only keep 70% of the income, with the remaining 30% going to the firm.
He had considered having the law firm invest in the printing shop, but after thinking it through, he realized it would require significant capital, and Fan Li wasn’t interested anyway.
To avoid future disputes with Fan Li, he decided to handle it himself.
So he still needed to provide his earnings from the case to the law firm. Rules had to be followed.
“Benefactor, well…” Feng Nanxi nodded, seeming hesitant to continue.
Zhang Fei asked, “If you have something to say, just say it.”
Feng Nanxi said, “Benefactor, our household account has had many expenses lately. At this rate, we’ll soon run out of money.”
Most of Zhang Fei’s current assets came from mortgage contracts, with only a few hundred strings earned from Cao Dongdong.
There had been no income since then, but expenses were increasing daily, especially with so many people to support in the household. As the accountant, Feng Nanxi naturally needed to remind Zhang Fei.
But Zhang Fei smiled and said, “Don’t worry, we’ll soon have steady income streams. Just use what we have for now.”
Feng Nanxi nodded, “Yes, I understand.”
After speaking with Feng Nanxi, Zhang Fei went to the back courtyard, where he saw many new flowerpots in the otherwise empty space. A graceful figure was busy with a small shovel among the pots.
This figure was naturally Gao Wenyin. These days with Zhang Fei rarely home, she seemed more at ease, keeping busy tending to the potted plants.
Zhang Fei was certainly pleased to see this, as it was better than her sitting inside dwelling on sad memories.
“Husband, you’re back.”
Gao Wenyin straightened up when she suddenly noticed Zhang Fei standing in the corridor.
Zhang Fei nodded and walked over, smiling, “These flowers and plants really make things feel different.”
Gao Wenyin asked, “Do you also like flowers and plants?”
Zhang Fei blinked, “I only know how to pick flowers.”
Gao Wenyin smiled, then suddenly seemed to remember something and hurriedly said, “Oh right! Husband, those shorts you asked me to make are almost done. Would you like to see them?”
“So quickly?” Zhang Fei asked in surprise.
Gao Wenyin said, “The shorts weren’t difficult to make, it didn’t take much time.”
Though she called him husband, she still felt indebted to him, so she tried to fulfill any of his requests as quickly as possible.
“Sure! Let me see them quickly.”
“Husband, please wait a moment.”
Gao Wenyin washed her hands, then went to her room. After a while, she came back with a brand new pair of green shorts.
Zhang Fei frowned, “This color…”
Gao Wenyin asked, “Don’t you really like this color?”
“Uh…I was just going to say it suits me well,” Zhang Fei nodded awkwardly, not mentioning that it was just his work uniform color – he never wore it otherwise.
Taking a closer look, he suddenly noticed the embroidery along the leg openings was very exquisite, but the pattern…
“Wife, what inspired these bird embroidery designs?”
“I wasn’t sure what husband would like, so I just embroidered some birds and flowers randomly. Does husband not like them?”
“Uh…it’s not that I don’t like them, it’s just…”
“Just what?” Gao Wenyin asked anxiously.
Zhang Fei said, “Just that they aren’t my size.”
Gao Wenyin said in surprise, “How would husband know without trying them on?”
Zhang Fei said, “I mean the little birds.”
“Little birds?”
Gao Wenyin looked at Zhang Fei in confusion.
After hesitating for a while, Zhang Fei said, “Actually, compared to little birds, I prefer eagles. I think eagles would suit me better.”
Gao Wenyin nodded with partial understanding, “Alright, I’ll make the changes right away.”
Zhang Fei nodded and said, “Maybe change the color too? Though I like this color, plainer shorts would be better.”
Gao Wenyin nodded, “Yes, I’ll remember that.”
Meanwhile, Emperor Zhao Xu and Wang Anshi were ready, but Emperor Zhao Xu felt that before officially launching the reforms, they needed to resolve something that had been on his mind.
That was the matter of ancestral laws.
In that previous case, he hadn’t ruled in Zhang Fei’s favor, but hadn’t ruled against him either – it had been left unresolved.
But he had always remembered it, and wouldn’t let this opportunity pass.
After all, he was too young, and ancestral laws could too easily be used to suffocate him.
He planned to resolve this matter at today’s administrative meeting.
However, as soon as the meeting began, before he could speak, Sima Guang presented him with a memorial.
It was the verdict from the Kaifeng Prefecture regarding the Gathering the Capable Bookstore case.
“Hmm…We find this verdict from Kaifeng Prefecture quite appropriate, with no issues.”
Emperor Zhao Xu suddenly looked at Sima Guang beside him and asked, “This isn’t a major case, why bring it to Our attention?”
Instead of answering, Sima Guang handed over another document, “Your Majesty, please look at this complaint received by the District Court a few days ago.”
Zhao Xu took it and read for a while, “This concerns the Yan family.” After reading further, “This case is identical to Su Shi’s lawsuit !”
Sima Guang nodded, “Indeed, how does Your Majesty think it should be judged?”
Zhao Xu thought for a moment and said, “Since these two cases are identical, naturally the punishment should be consistent.”
The two cases were exactly the same, without any differences.
The verdict naturally couldn’t have any discrepancies.
Sima Guang said, “But the minimum punishment for bewitching the masses is sixty strokes with a rod, while Prefect Lu’s verdict only ordered compensation – the punishment doesn’t fit the law.”
“That’s true,” Zhao Xu nodded, and after thinking for a while, unsure how to rule, he glanced around and asked, “What do you all think should be done?”
Tang Jie immediately stepped forward and said, “In my opinion, the crime of bewitching the masses doesn’t fit this case at all – it was that petitioner Zhang San who used clever rhetoric to conflate these two crimes.”
Wang Anshi smiled and said, “I was also present at the time. In my view, Zhang San did this because our dynasty has no laws prohibiting the unauthorized printing of others’ poetry.”
Tang Jie said, “Unauthorized printing is indeed wrong, but without those booksellers, people might have no books to read.”
Wang Anshi immediately replied, “Chancellor Tang’s words are mistaken. The unauthorized printed books are not provided free for people to read – people still have to pay for them. But all profits from the poetry collections go to the booksellers, with the poets receiving nothing. This is extremely unfair to the authors.”
Several officials nodded slightly.
If you weren’t making money, like how many people copied works for their own appreciation and study, that would be fine. But using someone’s poetry to make money while the author receives nothing and can’t even make requests about the printing – that seemed overboard.
Tang Jie said, “Though that may be true, we can’t expect all scholars in the realm to print and sell their own poetry collections.”
Wang Anshi said, “That’s not necessary, but the court can stipulate that anyone wanting to print others’ poetry must obtain the author’s consent and both parties must sign a contract. This way, authors can seek their rightful benefits according to their wishes.”
Sima Guang glanced at Wang Anshi with slight surprise.
Tang Jie snorted, “Scholars write poetry for self-cultivation – how can they speak of profit? Would Academician Wang dare to sell his own writings?”
Caught off guard, Wang Anshi was stunned – he really wouldn’t feel comfortable doing that, as he had refused Zhang Fei at the time. But he said, “This can be determined by the authors’ own needs – they can seek profit or not.”
Tang Jie persisted, “But this will encourage scholars to compete for fame and profit.”
Wang Anshi said, “A gentleman loves wealth but obtains it properly. What’s wrong with competing for fame and profit through one’s abilities? All scholars want to pass the examinations and become officials – isn’t that seeking fame and profit? Following Chancellor Tang’s logic, why not abolish the examination system too?”
Tang Jie exclaimed agitatedly, “You’re twisting my words!”
Wang Anshi said, “You’re the one twisting my meaning. This has nothing to do with seeking fame and profit – I just hope scholars have control over their own works. Is there something wrong with that?”
At this point, many officials nodded in agreement.
Emperor Zhao Xu quickly stepped in to mediate, “This is just a misunderstanding – let’s not get angry.”
Tang Jie withdrew sullenly.
This wasn’t actually a misunderstanding, but rather a grudge.
Tang Jie also agreed with Zhang Fei’s argument – he just had some objections about this particular crime. Simply put, he just couldn’t stand Wang Anshi constantly talking about profit.
Zhao Xu didn’t dare ask them anymore and turned to Sima Guang, “What’s your opinion on how to handle this?”
Sima Guang said, “Your Majesty, most of our dynasty’s laws are inherited from the Tang Code and its commentaries. Why did the Tang Code not have laws preventing unauthorized printing, nor plaintiffs like Su Shi?
The reason is that printing technology in the Tang dynasty was not as advanced as ours, and they had far fewer bookshops. Famous poetry and prose were mostly hand-copied, so the crime of unauthorized printing didn’t exist.
As with the street-front shops – the Tang dynasty had urban districting laws, and though we still have such laws, no one follows it anymore. As for how to regulate it, there are no clear statutes. It’s the same thing with the night curfew system.”
Those present all nodded.
The urban districting problem still had no concrete solution.
The court had clear rules prohibiting street encroachment by shops, but the common people wouldn’t accept it – how could they make money without street-front shops?
There was no going back now.
Sima Guang continued, “In my humble opinion, only by overriding statute with precedents can we resolve these issues.”
Wen Yanbo immediately stood up and said, “We cannot – creating such precedents will lead to endless problems.”
Many others also looked at Sima Guang in surprise.
Sima Guang patiently explained, “Though creating precedents that override statute has potential risks, these risks can be avoided. The court can use precedents as supplements to the laws, using them where the laws are insufficient.”
Wen Yanbo said, “But our dynasty usually uses imperial edicts to fill gaps in the laws.”
Sima Guang said, “Having His Majesty review and approve every minor case like this – His Majesty simply cannot handle them all. Moreover, to avoid the risks, the imperial court can establish strict procedures for creating such precedents, reviewing them every three years. After the Court of Judicial Review, Ministry of Punishments, and Court of Penal Review compile and review them, major ones can be approved by His Majesty while minor ones can be issued by the Secretariat.”
Overriding statute with precedents? If he can override statutes, so can I, Wang Anshi thought, immediately standing up to say, “I think Academician Sima makes excellent points!”
Sima Guang glanced at Wang Anshi, knowing full well what he was plotting, and silently despised him – as if you wouldn’t override laws without precedents.
Creating precedents that overrode written law wasn’t the conservative faction’s governing philosophy, but if they didn’t do this: firstly, the situation called for it; secondly, if they didn’t, Wang Anshi would still implement reforms. Legislation had delays, imperial edicts were too slow, and crucially, the emperor and Wang Anshi were aligned – they could only use precedents to counter the new laws.
Wang Anshi keenly caught Sima Guang’s glance and thought to himself: You’re always criticizing me, but you’re doing the same thing.
Zhao Xu looked at the two of them and smiled inwardly, saying, “We specially authorize Kaifeng Prefecture to create precedents that override statute in this case, but whether to make it standard practice – We’ll trouble you to draft more detailed procedures.”
Sima Guang said, “I accept the command.”
Zhao Xu scanned the room and said, “Additionally, We have something to announce regarding ancestral law.”
The inevitable had arrived.
Tang Jie, Wen Yanbo, Sima Guang and others all silently sighed.
Zhao Xu looked around, knowing they were all prepared, and began, “You all surely haven’t forgotten that recent case concerning ancestral laws.”
Tang Jie hurriedly said, “That was just a court case, how could…!”
Before he could finish, Zhao Xu said, “We’re not discussing that case. Today We want to discuss ancestral laws. Ancestral laws are the foundation of the state – how can they exist in name only without substance?
After reviewing historical records, We find the Second Emperor’s decree most suitable for defining ancestral laws.”
Tang Jie advised, “Your Majesty, this statement alone is too vague – it could be exploited by treacherous people.”
As he said this, he glanced at Wang Anshi.
Wang Anshi smiled outwardly while cursing inwardly.
Zhao Xu asked, “What’s your suggestion?”
Tang Jie hurriedly said, “I believe we should include some core policies from the Founding Emperor and the Second Emperor.”
They certainly didn’t want to define ancestral law, but now they had no choice – the emperor was determined. If they continued opposing, the emperor would no longer listen to arguments about ancestral laws in future disputes.
Zhao Xu knew his thoughts and said, “How about this – everything will follow the precedents of the Founding Emperor and the Second Emperor: the number of officials, troops, government offices, salaries.”[1]
Wen Yanbo immediately stood up: “Your Majesty, governing the state is no child’s play – how can we act on impulse?”
Wang Anshi immediately interjected, “But what if this was my suggestion?”
Sima Guang immediately shouted, “Wang Anshi, what are you trying to do?”
Wang Anshi smiled and said, “I mean, if I were to submit a memorial to His Majesty now, suggesting that all policies regarding salaries, offices, military affairs and such from the Founding Emperor and the Second Emperor’s time be made into ancestral law – would you all agree?”
Sima Guang remained silent.
As Tang Jie was about to speak again, Wen Yanbo quietly pulled his sleeve, signaling him to stop arguing.
Zhao Xu said, “This matter is settled.”
[1] The implication here is that the bureaucracy had drastically expanded since the Founding Emperor’s time, so if you wanted to enshrine the Founding Emperor’s policies as ancestral law, then you should be making drastic cuts to the bureaucracy as well.