Chapter 205: Sentiment and Law
Under Xu Zhiqian’s strong persuasion against settling, Mr Huang’s intimidation failed. So he hired Li Guozhong to file a lawsuit with the Bureau of Records.
This case wasn’t criminal, so it typically wouldn’t be heard at the District Courts, but it involved significant financial matters yet was beyond the jurisdiction of the District Court.
The Bureau of Records specialized in handling such civil dispute cases.
Xu Zhiqian immediately submitted a defense petition, and everyone realized that this time it wasn’t Zhang Fei handling the case, but Xu Zhiqian.
This immediately sparked considerable discussion.
Could a woman actually litigate cases? Even the head official of the Bureau of Records, Registrar Liang Dong, was bewildered and immediately reported it to his superiors.
Would this be permissible?
At the Kaifeng Prefectural Office.
“As if one wasn’t troublesome enough, now both husband and wife are getting involved. This is preposterous!”
Li Kai became agitated upon hearing this news. Lu Gongzhu calmly asked, “What’s your view on this?”
Li Kai immediately replied, “Of course it’s not acceptable. How can a woman appearing in court to litigate be proper?”
One Zhang Fei needed rest between cases, but with husband and wife taking turns, it was terrifying to even think about!
Lu Gongzhu said, “But Xu Zhiqian has already accompanied Zhang San to court several times before.”
Li Kai responded irritably, “That was all started by Sima Guang and Wang Anshi. Besides, Xu Zhiqian only assisted Zhang Fei without speaking a word. These situations can’t be compared.”
After pondering briefly, Lu Gongzhu asked, “If we don’t allow it, what if Zhang San uses this as grounds to sue our Kaifeng Prefectural Office?”
Li Kai’s expression froze. “Surely Prefect Lu wouldn’t let such a thing happen?”
Lu Gongzhu smiled bitterly, “He certainly wouldn’t sue our office through our office – that’s not something I can control.”
Li Kai asked, “What grounds would he have to sue?”
Lu Gongzhu replied, “How would I know? However, there’s no law prohibiting women from appearing in court to litigate, and women are actually allowed to testify in court.”
After careful consideration, Li Kai sighed, “Fine, fine, let them be. Better to avoid more trouble.”
Can’t fight this one!
At the Bureau of Records.
“Censor Li?”
“Brother Liang, how have you been?”
“My respects! My respects!”
Liang Dong was surprised by Censor Li Zhan’s sudden visit. After returning the greeting, he asked, “What brings Censor Li to visit?”
“Please, please!” Li Zhan hurriedly said, “I was just passing by and wanted to visit Brother Liang. Truly, everyone is talking about your Bureau of Records these days.”
Liang Dong sighed, “It’s all because of Zhang San and Xu Zhiqian. It’s giving me such a headache – I don’t want this attention.”
Li Zhan asked, “Can a woman really appear in court to litigate for others?”
Liang Dong shook his head, “I don’t know either, but the superiors have allowed it.”
Li Zhan snorted, “This Zhang San is really too much. We officials already give him wide berth, yet he pushes his wife forward too. What, does he plan to take turns bullying us? If we don’t stop this, before long he’ll be looking down on us all.”
Liang Dong understood his purpose for visiting and said awkwardly, “Censor Li, you saw what happened to Wang Hong. I dare not act rashly.”
Li Zhan said, “I’ve looked into this case. Family matters are the hardest to judge – Registrar Liang just needs to judge fairly.”
After contemplating for a while, Liang Dong still said with reservation, “We’ll see how they perform.”
Li Zhan didn’t say anything more.
He just hoped Liang Dong would show a slight bias.
Because he knew that in this lawsuit, just a slight bias from the presiding judge would be very advantageous for Mr Huang.
Zhang Fei had become a thorn in their side, and they were now trying every means to create difficulties for him.
Xu Zhiqian naturally wouldn’t play underhanded tricks, so she was still diligently preparing.
In the evening, the sunset light fell across the Zhang family courtyard, where a crudely constructed court had been set up. Sitting in the main seat was the presiding judge – a genuine Court of Judicial Review official, Xu Zun.
On either side sat his daughter and son-in-law.
This was undoubtedly the most difficult case he had ever presided over in his life. Sitting there, he kept wiping away sweat. It was absolute torture!
“I’m done with my questions,” Xu Zhiqian sat down, throwing a challenging look at Zhang Fei across from her.
“Mr Huang,” Zhang Fei stood up.
Feng Nanxi, sitting in the witness chair, looked at Zhang Fei nervously, “Present!”
Zhang Fei asked, “I hear you have two sons.”
Feng Nanxi glanced at the script and nodded.
Zhang Fei asked again, “How old are they?”
Following the script, Feng Nanxi recited, “The younger one is seven, the older one is eleven.”
Zhang Fei continued, “How was their relationship with their grandmother?”
Feng Nanxi said, “The re-relationship was ve-very good. When they learned of their grandmother’s death, they both cried terribly. They’re still kneeling in the memorial hall, keeping their grandmother company.”
Niu Beiqing, watching from the side, laughed, “Nanxi, you’re stammering so much, it’s obvious you’re lying.”
Feng Nanxi glared at him, “Get lost! You weren’t stammering earlier, but nine out of ten things you said were wrong.”
Li Si and Xiao Tao, also acting as extras, chuckled with amusement.
Gao Wenyin and Qing Mei stood to the side, completely absorbed in the scene.
They never knew lawsuits could be so interesting.
Xu Zun struck his judge’s block and said, “Silence.”
Zhang Fei remained unaffected and addressed Xu Zun, “Your Honor, from my investigation, Madam Huang deeply loved her grandsons. Even if she had some misunderstandings with her son, she would never forget her two grandsons. If Madam Huang had been of sound mind, she certainly wouldn’t have easily transferred the house to Mrs. Liu – it goes against human nature.”
Xu Zun nodded slightly and looked toward Xu Zhiqian.
Xu Zhiqian flipped through the documents on the table, looking bewildered, “How did we suddenly get onto the topic of grandsons?”
Xu Zun was anxious and said disappointedly, “You claim you were prepared, but ancestral property doesn’t necessarily have to be passed to sons – it can go directly to grandsons. In terms of inheritance rights, they actually hold comparable status. If the judge notices that Madam Huang had two grandsons, he might not award the house to Madam Liu.”
Xu Zhiqian looked nervously at Xu Zun and muttered, “Is Li Guozhong really that formidable? Would he consider such details?”
Xu Zun became even more frustrated, his eyes bulging as he scolded loudly, “You can’t hope others won’t think of these things – you must be fully prepared. Besides, many pen-in-caps in the capital have decent debating skills, though compared to Zhang San, they focus more on clever arguments rather than actual evidence.”
Xu Zhiqian’s face turned red from the scolding. She looked to Zhang Fei and asked for guidance, “Zhang San, how do we counter this point? Madam Huang’s grandsons are so young, they don’t even understand what filial piety means.”
Gao Wenyin and the others also looked toward Zhang Fei, clearly immersed in their roles.
Zhang Fei patiently explained, “First, you need to consider what consequences this point might bring. As father-in-law said, the opposition isn’t raising this point to prove Uncle Huang is a filial son. Rather, they want the judge to consider that even if Uncle Huang isn’t filial, there are two innocent young grandsons involved. Every grandmother would want her grandsons to live well, and this might change the judge’s perspective.
Once we know their their purpose, we can address it directly. First, we need to prove that Mr Huang was quite well-off, and his two sons would not lack food or clothing regardless of this money.
Second, we need to demonstrate how much Madam Liu had sacrificed to care for Madam Huang, and how difficult her own life was.
This contrast could change the judge’s perspective. You must remember, this case is primarily about family bonds – legal grounds are secondary. In such cases, the judge’s attitude becomes crucial. They have discretion in their ruling, so your arguments must move the judge and everyone present emotionally to gain their favor.”
Xu Zun nodded. “Zhang San makes excellent points. Emotion is key in this case. Officials typically follow two principles when judging such cases: when sentiment and law are equal, they enforce the law with consideration for sentiment; when sentiment outweighs law, they bend the law to follow sentiment.
If this case follows the Kin and Neighbor Preemption Rule, it would likely be ruled in Mr Huang’s favor. Therefore, your defense must convince the judge that sentiment outweighs law here, so they’ll rule based on circumstances rather than that rule. This would benefit Madam Liu.”
Xu Zhiqian nodded timidly. “I understand, father.”
Seeing how nervous she had become, barely daring to breathe, Zhang Fei chuckled and teased, “Go revise your questioning. You must be able to move yourself to tears before coming back. I haven’t even started yet, and you’re already struggling.”
Xu Zhiqian retorted, “I’ve never seen you cry when arguing cases.”
Zhang Fei rolled his eyes. “I rely on acting skills – I could make a moving argument even if I were representing Mr Huang. Don’t embarrass yourself trying to act – genuine emotion is your advantage.”
Xu Zhiqian said disdainfully, “So you were just pretending before?”
Zhang Fei snorted, “It’s not pretending – it’s being professional.”
“Don’t get too cocky,” Xu Zhiqian said with a slight pout. “I’ll revise this, and next time won’t be so easy for you.”
She took the documents and went back to her room to make changes.
“Phew.” Xu Zun let out a long breath, quickly took a sip of tea, and said to Zhang Fei as he approached, “It’s strange – when she’s in court with you, I’m not nervous at all. But just now, even during practice, my heart nearly jumped out whenever she hesitated even slightly. It’s truly nerve-wracking.”
Seeing Xu Zun’s sweaty brow, Zhang Fei secretly smiled but said, “That’s because you care so much about Zhiqian, father-in-law.”
Xu Zunzhi asked, “How come you don’t seem nervous at all?”
Zhang Fei’s expression changed, and he quickly explained, “Of course I care too, but I’ve been through this before, and Zhiqian is performing better than I did initially.”
Xu Zun seemed skeptical. “Really?”
Zhang Fei nodded, “Actually, the hardest part is fear of the court, but Zhiqian has been to the Chamber of State Affairs before. She’s not afraid of court. With proper preparation, there shouldn’t be any major issues. Unless you were the presiding judge, father-in-law, I have confidence in her.”
Xu Zun snorted, “If I were the judge, you’d have to worry about me instead.”
Zhang Fei laughed heartily.
Xu Zun smiled and shook his head, then suddenly remembered something. “Oh right! I forgot to tell you – many more court officials have recommended you for an official position.”
Zhang Fei was startled, then smiled bitterly. “That’s becoming quite routine now.”
Some ministers had thought it through clearly – fighting with Zhang Fei was like using jade to break a tile – nothing to gain by winning but much to lose, as Wang Hong had proven again. The best solution was to recruit him.
Every time Zhang Fei caused trouble, some officials would petition Emperor Zhao Xu to recommend him an official position, arguing that such talent shouldn’t be left as a mere pen-in-cap- he should be brought into government, especially since judicial reform needed such expertise.
Xu Zunzhi asked, “So what are your plans?”
Zhang Fei pondered briefly, “I don’t have such intentions for now.”
Xu Zunzhi asked, “Why not?”
Zhang Fei answered with a question: “What position does father-in-law think they would give me?”
Xu Zunzhi made a sound of agreement and nodded: “Actually, I also think you would accomplish far less as an official than you do now.”