Judge of the Song Dynasty

Chapter 162: Power and Law



Fan Chunren’s questions were sharp and to the point.

Although it wasn’t very manly of him, it was undeniably satisfying, especially for the conservatives.

Good enough! This was truly good enough! Winning or losing the case didn’t matter. Their ultimate goal wasn’t to win the lawsuit but to stop Wang Anshi’s reforms. One was about face, the other about substance. Of course, substance mattered more!

Today, Wang Anshi admitted that the Reform Planning Commission did not have fiscal, military, or administrative powers. Every word he said in court had legal weight. If it didn’t have these three major powers, the Reform Planning Commission was essentially useless!

“Yes, you won!” But Sima Guang continued to watch Zhang Fei, knowing this wasn’t so simple. After Fan Chunren sat down, Zhang Fei stood up. Unlike before, Xu Zhiqian spread their documents across the table. The trial procedure had changed, disrupting their preparations. Zhang Fei had to reorganize his thoughts and questions on the spot.

Qian Yi, seeing Zhang Fei stand, braced himself, vowing not to lose again. But Zhang Fei ignored him, turning to Wang Anshi instead.

“Academician Wang, both Remonstrator Fan and Censor Qian mentioned that the government already has the Two Departments and Three Bureaus. Why did His Majesty establish another commission? What’s the reason?”

The question shocked everyone present. Fan Chunren’s first question had hinted at this—why create another commission when the government already had established systems? Was he hiding something? Zhang Fei had deflected this, disappointing them. Why bring it up now? They couldn’t understand.

Regardless, the question piqued everyone’s interest, including Emperor Zhao Xu, who was eager to know.

The reason for establishing the commission was to bypass the Palace Secretariat, but that couldn’t be said aloud, as it would show the emperor’s distrust in the chancellors, damaging their relationship. Wang Anshi glanced at Zhang Fei before answering, “The commission was established to avoid violating ancestral law.”

The statement caused an uproar. How absurd! Even Han Qi couldn’t believe it, asking, “To avoid violating ancestral law?”

Wang Anshi nodded, “Indeed.”

Zhang Fei smiled, “Since even the judge is curious, why not explain, Grand Academician Wang?”

“Certainly!” Wang Anshi continued, “You mentioned the Three Excesses.”

Zhang Fei nodded.

“The Three Excesses involve tax, finance, and governance issues, let alone the other problems facing our country. To address these problems, power is needed from various areas. The Palace Secretariat lacks many of these powers. If I led the reforms from there, power would consolidate within the Palace Secretariat, violating ancestral law.”

“Brilliant!”

The reformists, including the Su brothers, were impressed. Even Emperor Zhao Xu hadn’t thought of this. The conservatives, however, were dismayed. Thɪs chapter is updatᴇd by novel•fire.net

Sima Guang frowned, “That doesn’t sound like him.”

Lu Gongzhu nodded, “It sounds like Zhang San’s words.”

Zhang Fei asked, “I’m not well-versed in administration. Can setting up a temporary commission avoid this?”

Wang Anshi nodded, “Yes, the Palace Secretariat is the most important governmental department and can’t be easily altered. If the Palace Secretariat leads the reforms, the question of allocation of power would raise many problems. During the Qingli Reforms, similar issues arose.”

“I see!”

Zhang Fei smiled, glancing at the embarrassed chief judges Han Qi and Fu Bi.

Wang Anshi continued, “But the Reform Planning Commission is just temporary and can be abolished after the reforms. The fact that the previous Finance Planning Commission was easily abolished shows that.”

Really?

Everyone looked puzzled. The conservatives had impeached the commission for violating ancestral law due to its extravagant powers.

With this explanation, it appeared that the Reform Planning Commission followed ancestral law. If reform was led by the Palace Secretariat, that would violate ancestral law.

Where’s the flaw? Han Qi and Fu Bi, involved in the Qingli Reforms, were momentarily stumped.

“I object!”

Fan Chunren stood, “Academician Wang said the commission has no power, yet says it’s set up to avoid concentrating power in the Palace Secretariat. Doesn’t that mean it has significant power?”

Everyone realized the contradiction.

“Indeed, Remonstrator Fan,” Zhang Fei smiled, “Academician Wang, you said the commission has no fiscal power?”

Wang Anshi nodded, “Yes.”

“Can you explain?”

“First, the commission doesn’t handle taxes, military funds, salaries, salt, iron, or textiles, so it has no fiscal power.”

Feigning clumsiness, Zhang Fei pretended to search for documents, then asked the judges, “Does this make sense?”

Han Qi and Fu Bi hesitated, sensing a trap, but didn’t nod.

Lu Gongzhu laughed, “They seem as confused as I am!”

Sima Guang and Wen Yanbo scorned Lu Gongzhu’s schadenfreude.

Su Shi asked Su Zhe, “Is it true your commission handles nothing?”

Su Zhe thought, “Yes.”

“What do you do?”

“We draft new laws.”

Su Shi laughed, “I see, a powerless commission!”

Han Qi, seeing Zhang Fei’s intent gaze, reluctantly nodded, “It makes some sense.”

Zhang Fei asked, “What about military power?”

Wang Anshi immediately replied, “We don’t control the army or deal with military supplies, so we’re not involved in military affairs.”

Zhang Fei looked at Han Qi and Fu Bi again. Han Qi nodded slightly.

“And administrative powers?”

Wang Anshi replied, “We don’t manage officials or education. The emperor’s decrees don’t go through us. We may considered a part of the administration but have no real administrative power.”

“Really?”

Zhang Fei and Xu Zhiqian both looked skeptical.

Wang Anshi nodded.

“Why does the commission, with no power, issue the Copyright Tax Law?”

Right!

Everyone suddenly remembered that this was the basis of their complaint.

How embarrassing.

Wang Anshi, annoyed, said, “Aren’t you listening? I have already said that the commission’s purpose is to lead reforms. We have legislative power to issue the Copyright Tax Law, but we do not collect the tax. The tax is managed by the City Tax Bureau and supervised by the Kaifeng Prefectural Office.”

“I see.”

Zhang Fei bowed, “Thank you, Academician Wang.”

Wang Anshi glared at him. Who was he fooling?

“I’m done.”

Zhang Fei bowed and sat.

Fu Bi whispered, “They’re confusing the issues.”

Han Qi asked, “Remind Fan Chunren?”

Fu Bi frowned, “No, we must stay impartial.”

Han Qi nodded, looking at Fan Chunren.

In this difficult situation, Fan Chunren calmed down. Zhang Fei’s questions had clarified things. Seeing Han Qi’s look, he stood and asked, “Academician Wang, does the commission have legislative power?”

Wang Anshi nodded.

“Is everyone required to follow its new laws?”

Han Qi nodded, satisfied.

Wang Anshi nodded, “Once issued, yes.”

“Does this include tax, military, and administrative laws?”

Wang Anshi nodded, “Yes.”

Fan Chunren asked, “So everyone, including the Two Bureaus and Three Departments, must follow these new laws? What expansive powers!”

Wang Anshi wanted to explain, but Fan Chunren turned to the judges, “No further questions.”

Sima Guang smiled, “He’s learning quickly.”

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