Chapter 160: Ancestral System and Ancestral Law
“What’s going on?”
A young man stood up in the back of the hall.
It was none other than Emperor Zhao Xu.
He couldn’t miss this trial, as it was closely tied to his own power.
Beside him stood an elderly eunuch named Lan Yuanzhen, who had served three emperors.
“Your Majesty, wouldn’t Wang Anshi personally testifying give the impression of a voluntary confession?” Lan Yuanzhen whispered.
Zhao Xu frowned, glanced at Lan Yuanzhen, opened his mouth, then sat back down and said with furrowed brows: “I trust Zhang San won’t disappoint me.”
Though he said this, his expression still showed concern.
Although Han Qi and Fu Bi hadn’t known about this beforehand, they suddenly felt this way of conducting the trial was quite good. They wouldn’t have to just listen to arguments. They were all experienced debaters who knew such disputes were difficult to judge right from wrong, with both sides having valid points.
Converting the involved parties directly into witnesses would make it easier to reach a verdict. Since Wang Anshi was willing to testify, they nodded in agreement.
They also announced that Qian Yi would become a witness.
“Your Honors, since I was not informed beforehand, I request permission to have a word with Academician Wang,” Zhang Fei suddenly said with clasped hands.
This time Fu Bi spoke first, nodding: “Granted.”
Clearly Fan Chunren’s side had come prepared, but they hadn’t informed them beforehand. Zhang Fei must have been completely unaware, which was indeed unfair. He needed to be given some time.
Fan Chunren had no objections to this, wearing a confident smile.
“What’s there to say?”
When Wang Anshi saw Zhang Fei approach, he was displeased and felt it beneath his dignity. Before Zhang Fei could speak, he cut in: “Do you think that youngster could stump me?”
As the top debater in court, he didn’t take someone like Fan Chunren seriously at all.
Zhang Fei said quietly: “Academician Wang, this is different. You won’t have the initiative and can’t debate with him. You can only answer his questions.”
Lu Huiqing also whispered: “Teacher, I think Zhang San has a point.”
Wang Anshi said disdainfully: “Even if I can’t debate with him, he won’t get anything out of my mouth.”
Zhang Fei asked: “May I ask Academician Wang, does the Reform Planning Commission possess fiscal powers? Military powers? Administrative powers?”
These three consecutive questions left Wang Anshi completely stunned.
“Uh…”
“Please answer, Academician Wang?” Zhang Fei pressed.
After struggling for a while, Wang Anshi replied: “It should have those powers.”
“If you answer like that, it’s over,” Zhang Fei said. “You must answer no, and state that it has absolutely does not.”
Wang Anshi hurriedly objected: “How can I do that? If I answer no, that would render the Reform Planning Commission useless.”
Lu Huiqing also nodded repeatedly: “Teacher is right. This is clearly a trap. Although answering ‘yes’ would cause you trouble, answering ‘no’ would make things even worse.”
Zhang Fei said: “That’s why you must answer as I instructed. Isn’t this why you hired me?”
This turn of events caused worried looks among the reformists, while the conservatives were delighted.
They suddenly realized why they often felt powerless when litigating against Zhang Fei, and why their usual court tactics were completely ineffective.
The reason was simple.
Zhang Fei had nothing to lose and could get straight to the root of many issues. He had no vested interests in court politics, while they had many concerns. That’s why they were always led by the nose by Zhang Fei.
By avoiding Zhang Fei and facing Wang Anshi directly, the situation would be completely different. At least it would be fairer, giving them better odds of winning.
Even Lu Gongzhu privately praised the strategy, asking Sima Guang in a low voice: “Was this your idea?”
Sima Guang shook his head: “It was Chunren’s idea.”
“Chunren?”
Lu Gongzhu stroked his beard and smiled: “If Lord Fan knows this from the underworld, he must be proud!”
Si Ma Guang asked: “You also think this strategy is good?”
Lu Gongzhu nodded and said: “Although I don’t support their use of ancestral laws to prosecute the Reform Planning Commission, I also believe it’s difficult to determine who is right or wrong in this matter. If it can’t be clarified, Zhang San naturally has the advantage. But if Wang Anshi is treated as a witness, the situation becomes different.”
Sima Guang leaned in: “Go on!”
Lu Gongzhu gave him a contemptuous look. “You know better than anyone why Wang Anshi wants to establish this commission. You think he wants to do this?”
With all four chancellors almost entirely opposing him, following traditional methods would make reform impossible! Sima Guang chuckled: “Throughout history, how many famous and virtuous officials became arbitrary and abusive after gaining power? Only legally obtained power can be properly constrained. Can you guarantee Wang Anshi won’t change?”
Lu Gongzhu countered: “Would you believe me even if I did guarantee it?”
Meanwhile, after Zhang Fei and Wang Anshi had discussed for quite a while, and Fu Bi and Han Qi were almost falling asleep, Zhang Fei returned to his seat and bowed to Han Qi and Fu Bi: “Your Honors, I have finished instructing him.”
Han Qi nodded and asked: “Can we begin then?”
“Yes.”
“Then let’s start.” Han Qi had grown quite impatient.
First, Wang Anshi and Qian Yi took their positions, sitting on opposite sides of the court platform.
They would take turns asking questions.
Zhang Fei also sat down.
Xu Zhiqian whispered: “What should we do?”
Zhang Fei glanced at her and snorted: “If they had told me earlier they would play it this way, I could have beaten the crap out of them.”
Debate between two parties wasn’t his strongest suit, after all he wasn’t a debater by profession – cross-examination was his specialty!
His easiest case had been Cao Dongdong’s trial.
“How do you plan to handle this?” Xu Zhiqian asked.
Zhang Fei said: “Let’s first see what they’re capable of.”
At this point, Fan Chunren left his seat. Being accustomed to court debates, he didn’t like standing behind tables, preferring to stand in the middle. He asked Wang Anshi: “As a Hanlin Academician, you must be very familiar with our dynasty’s systems.”
Wang Anshi nodded: “Naturally.”
Fan Chunren continued: “What are your views on the ancestrally established Two Departments and Three Bureaus system?”
Just this?
Wang Anshi couldn’t help but give him a contemptuous look. As he was about to speak, someone said: “I object.”
He turned his head to see Zhang Fei standing up, leaving him bewildered.
Han Qi and Fu Bi were also confused.
Han Qi asked: “What are you objecting to?”
Zhang Fei said: “I object to Remonstrator Fan’s misleading questioning and attempt to confuse the issues by trying to lead Academician Wang into making self-incriminating statements.”
Wang Anshi felt dejected – did he really think he would fall for such a basic trap? Han Qi curiously asked, “What do you mean by misleading questioning?”
Zhang Fei said, “Just now when Remonstrator Fan mentioned the ‘ancestrally established Two Departments and Three Bureaus system,’ he was referring to ancestral system rather than ancestral law. Remonstrator Fan’s questioning clearly attempts to conflate the two concepts to confuse the issues. This is very unfair to Academician Wang and irrelevant to the case at hand.”
Fan Chunren smiled, “So you’re saying this commission is a violation of our ancestral system?”
Zhang Fei replied, “I didn’t say that.”
“Then why are you so nervous about me asking questions? Could it be guilt?” Fan Chunren asked with a smile.
Zhang Fei countered with a question: “I hear your father is Lord Fan?”
Fan Chunren hesitated slightly, then nodded.
Zhang Fei continued, “I hear your father’s reforms failed?”
Fan Chunren’s lip twitched as he nodded again.
Zhang Fei pressed on: “I hear your father was a treacherous official?”
“Outrageous!”
Fan Chunren exploded in rage, “You mere pen-in-cap dare insult my father!”
Zhang Fei chuckled, “Now you’re agitated. You must be feeling guilty.”
Bang! Fu Bi, unable to tolerate such slander against Fan Zhongyan, slammed the wooden block that served as a gavel on the table. “Zhang San, if you continue such nonsense in court, I’ll charge you with contempt!”
Zhang Fei bowed and said, “I deeply apologize for my disrespect toward Lord Fan and will accept punishment. I understand Remonstrator Fan’s anger – he defends his father’s honor, and his agitation is not from guilt. Similarly, I’m not acting from guilt but defending my client’s interests. We needn’t answer questions irrelevant to this case. Should Academician Wang have to answer if Remonstrator Fan asks whether he bathed today?”
Wang Anshi’s mouth twitched.
Was this guy serious?
Of all examples, why choose that one?
“Haha!”
Su Shi burst out laughing, slapping his thigh: “Clearly Wang Anshi’s aversion to bathing is common knowledge!”
Over ten people in front turned to look at him.
Su Shi froze in panic, realizing he was sitting among Reform Commission officials. He glanced at Su Zhe – brother, where did you lead me to sit? Su Zhe looked apologetic – he was a member of the Reform Planning Commission, where else should he sit? Su Shi had chosen to follow him.
Su Shi felt depressed.
He had followed Su Zhe simply because he saw him sitting in front.
Now he finally understood why – the Reform Planning Commission were the defendants, of course they sat in front! Would this cause misunderstandings? Su Shi looked around anxiously, but fortunately no one paid attention to such a minor figure.
Su Zhe had joined the Reform Planning Commission after submitting a memorial to Emperor Zhao Xu discussing current affairs and pointing out national problems. Clearly, he too had been urging reforms.
Su Shi hadn’t done this, believing everyone knew the problems – the key was how to solve them. He was still observing the Wang Anshi’s reforms.
Fan Chunren exclaimed emotionally, “You’re the one being misleading – ancestral system and ancestral law are deeply connected!”
“Everything in the state is deeply connected to ancestral law.”
Zhang Fei turned to Xu Zhiqian beside him: “The political system documents.”
Xu Zhiqian quickly found and handed over some documents. Zhang Fei took them, flipped through them, then looked up and said: “When the Second Emperor established the Court of Official Review, the Office of Evaluation, and the Court of Penal Review – did this change the system established by Founding Emperor? Yes. But did it violate ancestral law? No. On the contrary, it followed them.
I’m sure I don’t need to explain why.
This shows that ancestral law is the nation’s most fundamental principle. The design of the system must follow ancestral law. The Reform Planning Commission is just a temporary agency, but even changing the existing system doesn’t necessarily violate ancestral laws.
Therefore, I urge both presiding judges not to include ancestral system in the scope of this litigation. Of course, if Remonstrator Fan wishes to adjourn to study documents and clarify the relationship between ancestral law and ancestral system, I have no objection.”
With that, he sat down.
After this barrage, even Xu Zhiqian sitting beside him felt strongly pressured, thinking he was truly made for the big stage.
The bigger the stage, the more formidable his fighting spirit.
Though Fu Bi and Han Qi had watched Zhang Fei argue cases from below, facing him as presiding judges felt completely different. This mere pen-in-cap actually made them feel slightly pressured.
By now they finally understood Lu Gongzhu’s difficulties and why he became irritated at the sight of Zhang Fei.
Lu Gongzhu, observing from the side, felt more balanced – let them taste what it’s like.
Indeed.
Zhang Fei’s example of the Second Emperor was very persuasive.
The Second Emperor’s establishment of the Courts of Official Review and Penal Review actually divided the power of the Palace Secretariat. Though the system changed, it absolutely followed the governing principle of establishing comprehensive order as precaution against malfeasance.
The relationship between ancestral system and ancestral law was one of subordination – but any policy was subordinate to ancestral law. Whether something violated ancestral law had nothing to do with the political system was changed.
However, the bureaucratic system developed by the ancestors were a crucial weapon for Fan Chunren and his allies. They wanted to merge ancestral system and ancestral law – abandoning this weapon would be like cutting off their arm.
Fan Chunren’s face turned red with anger. This mere pen-in-cap telling him to go home and study more was a great humiliation. Of course, he wouldn’t abandon the ancestral system argument, and argued: “Who says ancestral systems can be easily changed? Emperor Taizong of the Tang dynasty said history is a mirror that shows the rise and fall of empires. In the Han dynasty, Cao Shen maintained Xiao He’s system of governance without making any changes, leading to the laudatory saying ‘Cao follows Xiao’s rules’…”
This time Zhang Fei didn’t even bother to stand, covering his forehead with one hand and looking at Fan Chunren in disbelief. “Emperor Taizong of the Tang dynasty? Cao follows Xiao’s rules? Remonstrator Fan, we’re in court, this is not an academic debate. ‘Cao follows Xiao’s rules’ is not a legal principle. ‘History is a mirror’ isn’t written in our code of laws.
I won’t even bother countering with how our ancestral law actually learned lessons from previous dynasties. You’re actually citing Han dynasty examples! Heavens! Is there no one who understands the law?”
At the end, he covered his face with both hands and let out a cry of despair.