Judge of the Song Dynasty

Emperor Zhao Xu and Zhang Fei were both panicked.

This scheme had gotten rather out of hand.

If things went wrong, neither could bear the responsibility.

But somehow it felt thrilling too.

Young people did love excitement.

Zhang Fei said tearfully, “Your Majesty, if we’re caught, this humble subject is finished!”

The implication being that as emperor, even if caught, they couldn’t really do anything to him.

But Zhao Xu thought – I’m the emperor, I definitely can’t take the blame, that would ruin everything. He seriously retorted, “I can protect you, but can you protect me?”

“…?”

Zhang Fei’s eyes shifted. “Your Majesty misunderstands. My meaning was, if we print it inside the palace, it would be completely safe.” After all, no one would dare investigate inside the palace!

Zhao Xu glared at him. “You-“

Realizing his voice was too loud, he nervously glanced around before continuing in a low voice: “Have you gone mad? Printing that inside the palace? When I want to distance myself- ahem Since this was your idea, you’ll have to handle it. That’s final.”

Please! I have a legitimate career – I originally planned to be a proper media mogul. This pamphlet business was just to help you, what does it have to do with me? Zhang Fei immediately had second thoughts: “Your Majesty, perhaps we should reconsider.”

Zhao Xu hesitated briefly before shaking his head: “No need to reconsider. We’ll do it.”

He actually had many grievances against the scholar-officials and had long wanted to criticize them, but lacked the courage. The key was that openly confronting them wouldn’t benefit anyone. Zhang Fei’s strategy had inadvertently appealed to him – even if it didn’t solve the problem, at least he could vent some anger!

Before Zhang Fei could refuse, Zhao Xu asked: “What strategy can resolve our long-term concerns?”

Zhang Fei looked at Zhao Xu glumly, knowing he’d definitely have to take responsibility for this. He sighed inwardly at his self-inflicted predicament and replied: “If those tenant farmers really want to sue, I could handle it. But the key is that the farmers don’t dare file lawsuits because they might lose their livelihoods in the process.”

Zhao Xu nodded slightly.

Zhang Fei continued: “According to our dynasty’s laws, cultivated land becomes permanent property – the land belongs to the landlords, this cannot be changed. Without ensuring the farmers’ livelihoods, they will always be constrained by the landlords.”

Zhao Xu asked: “But how can we ensure the farmers’ livelihoods?”

Zhang Fei replied: “We can only rely on commerce. By encouraging commercial development and creating more livelihood opportunities, we can weaken the landlords’ leverage over the imperial court.”

The means of production issue could only be solved through economic principles – laws couldn’t resolve it.

Objectively speaking, landlords were human too, and human nature was selfish. If they could earn more, why wouldn’t they? If they could bear less risk, why wouldn’t they?

If everyone were like Xu Zhiqian, there wouldn’t be any landlords.

But Zhao Xu shook his head and snorted: “Those wealthy merchants are no better than the landlords – they can’t be trusted either.”

The landlords were already giving him headaches – adding wealthy merchants would just invite more trouble.

Zhang Fei said: “While that’s true, our dynasty’s control over commerce far exceeds our control over agriculture. Additionally, the risks commerce poses to the state are far less than agriculture. Starting with commerce would be much simpler.”

Due to private land ownership, the Song state only controlled one-tenth of the nation’s land. The rest was controlled by landlords, powerful families, military officers and other ruling classes.

None of them were easy to deal with.

Land reform was truly harder than climbing to heaven.

However, control over commerce was extremely strict, as the Song state had a powerful monopoly system where most bulk commodities were state-operated.

This led to the Song dynasty’s future tax revenue being 70% from commercial taxes and only 30% from agricultural taxes – unique in all of ancient Chinese dynasties.

Zhao Xu felt this made some sense and asked: “In your view, how should we proceed with commerce?”

“Legislation!”

Zhang Fei immediately answered: “Only through laws can we ensure both encouraging commercial development while firmly controlling those merchants.”

He would definitely stick to the legal approach, but trying to reform agriculture would face too much resistance with too many privileged classes, and the imperial court lacked control in this area. In Zhang Fei’s view, it was an impossible task.

Commerce was different.

Salt, iron, alcohol and other commodities were all under imperial control – the imperial court held supreme power. This provided substantial room for both legislation and growth.

If the court could use legislation to boost commerce first, then make adjustments to agriculture later, there would be less resistance.

This was what Zhang Fei had been contemplating lately – which direction legal reforms should take first to maximize benefits. Without benefits, there would be no justification for pushing legal reforms.

Zhao Xu nodded thoughtfully.

Zhang Fei continued: “This time Your Majesty must learn from the court’s mistakes in agriculture by not granting too many privileges – better yet, grant no privileges at all. Everything should follow the law.

We must also prevent tenant farmer-like conditions from emerging in commerce. The court should legislate appropriate protections for laborers’ interests, rather than only considering the landlords’ interests like with tenant farmers. This would also help restrict merchants’ growing power.

When commerce expands and urgently needs labor, the court can then turn to reform agriculture. This way, when similar situations arise, tenant farmers will dare to sue their landlords, since they’ll be able to find other livelihoods even without farming.”

Hearing this, Zhao Xu expressed concern: “But agriculture is the foundation of the state. If everyone stops farming, it could trigger a crisis.”

Zhang Fei smiled: “Your Majesty need not worry about that. Landlords also seek profit – neither side wants a complete breakdown. This creates room for negotiation, unlike now where landlords act with impunity while the imperial court stands helpless.”

Zhao Xu nodded, asking: “So we should hold off on agricultural reforms for now?”

Zhang Fei replied: “In my view, reform isn’t possible right now.”

Zhao Xu frowned: “But the tenant farmer situation has reached a critical point.”

Zhang Fei said: “As I mentioned before, we can use pamphlets to morally blackmail the scholar-officials into actively resolving this incident. We’ll make do for now and implement reforms when the time is right.”

“Moral blackmail?” Zhao Xu chuckled. “That’s quite an interesting way to put it.”

Zhang Fei grinned: “I learned it from them – isn’t this how they usually treat Your Majesty?”

Zhao Xu started, suddenly realizing he had been the victim all along. He nodded firmly: “Let’s use their own tactic and apply some moral blackmail on them for once.”

He immediately showed keen interest in the newsletter idea.

He pulled Zhang Fei aside to secretly plot how to execute this plan.

While the plan offered strong potential for revenge, it also carried extreme risks. If discovered, Zhao Xu would certainly sacrifice the pawn to save the king – he could never admit involvement as it would truly impact his authority to rule.

During their plotting, he went to great lengths to ensure nothing could be traced back to him, making sure to distance himself completely.

Zhang Fei understood perfectly clearly that this operation had to be executed flawlessly. Otherwise, he wasn’t even sure if Zhao Xu could save him from death. He repeatedly emphasized the need for security.

The people involved had to be completely reliable, and the locations had to be discreet.

They couldn’t operate from just one place – they needed to keep moving around.

The capital region was the power center of the scholar-officials, making it difficult to hide.

The next morning at the Bianjing Law Firm.

“Ah!”

“Were you out thieving last night?” Sima Guang asked upon seeing Zhang Fei’s constant yawning.

“No!” Zhang Fei blinked hard. “I lost track of time reading.”

He hadn’t rested at all, having talked with Zhao Xu until dawn.

Sima Guang, having no idea Zhang Fei was now conspiring with the emperor, stroked his beard and said: “You were reading the Song Code of Punishments, weren’t you?”

Zhang Fei paused: “Why do you say that?”

Sima Guang chuckled: “Wang Anshi must have asked for your help in finding ways to sue those landlords.”

Zhang Fei gave an awkward smile, not denying it.

On this matter, he and Wang Anshi were indeed aligned.

Sima Guang asked: “Have you found a solution?” This update ıs available on novel·fiɾe·net

Zhang Fei sighed and shook his head: “We could sue – I’ve reviewed some contracts with serious issues. But after suing, where would those tenant farmers go to make a living?”

“See! See!” Sima Guang wagged his finger. “Even you can understand this problem, but that Wang Anshi is so stubborn, never considering consequences. He’s not as wise as you.”

Zhang Fei quickly replied: “I dare not accept such praise. Besides, Academician Wang didn’t start this matter.”

Sima Guang gave him a look. “That’s right! I almost forgot you were involved too.”

Zhang Fei smiled awkwardly, offering no response.

Sima Guang continued, “Since you can’t help with that matter, just focus on managing the legal aid program properly. Keep your people in line and don’t give others anything to criticize, or I won’t let you off easy.”

He had come today specifically for this matter. They had already made arrangements with the government offices and were just waiting for the law firm to send people. He was being cautious and planned to start legal aid services only at the Bureau of Records first.

The lowest-level courts, the Right and Left Courts, only handled minor disputes where legal aid wouldn’t be very meaningful.

As for criminal cases, he believed evidence should come first. If people were dissatisfied, they could appeal and rely on professional pen-in-caps. After careful consideration, starting at the Bureau of Records seemed most appropriate.

Zhang Fei quickly replied, “Please rest assured, Academician Sima. I’ve been preparing this carefully and won’t let any mistakes happen.”

Sima Guang nodded slightly, then suddenly asked, “Is there really no way to take the tenant farmers’ case to court?”

Zhang Fei stared at him in surprise.

Sima Guang said quietly, “I mean, could you help those tenant farmers sue the government?”

Zhang Fei looked at him in shock.

Sue the government?

Sima Guang looked at him with disdain. “Why that expression? It’s not like you haven’t done it before – didn’t you help the Shi family sue the government?”

Zhang Fei hadn’t considered suing the government. After thinking carefully for a while, he asked, “Does Academician Sima mean to help those tenant farmers get tax exemptions through judicial appeal?”

Sima Guang nodded, “That way, we could ensure the farmers are exempt from taxes while the government still collects them legally.”

Zhang Fei pondered for a long time before shaking his head. “That’s not right.”

Sima Guang asked, “What’s not right?”

Zhang Fei explained, “Academician Sima, this land doesn’t belong to the tenant farmers – it belongs to the landlords. The government doesn’t tax based on the person but on the land. If I represent the tenant farmers in court, there would be no grounds for land tax exemption. I could only represent the landlords. But this round of tax collection is based on their tax evasion. To win such a case, I’d first have to deny it was tax evasion, but… I’m the one who determined it was.”

“That’s true – this matter did start because of you,” Sima Guang nodded slightly.

Zhang Fei smiled bitterly, “Actually, the government’s amnesty for past taxes and only collecting this year’s tax is already quite reasonable.”

Sima Guang sighed, “This shows that for the country to be stable, we need lighter taxes and fewer levies!”

Zhang Fei said, “Light government taxes won’t solve the tenant farmers’ problems – we need lighter rents.”

Sima Guang replied, “If the government doesn’t set an example, how can we ask others to follow?”

Zhang Fei pressed his lips together tightly, saying nothing.

Sima Guang glanced at him, “If you have something to say, just say it. No need to put on an act.”

Zhang Fei smiled awkwardly, “I just think that regarding tenant rents, the government setting an example won’t help much. After all, not every official is as honest and frugal as Academician Sima, owning no farmland.”

Sima Guang was left speechless.

Who had the most tenant farmers if not the royal relatives and high ranking officials?

People like Shi Tingjun and Geng Ming who worked their way up could only support so many tenant farmers.

For leading by example, the scholar-officials would have to take the lead.

This could only rely on moral blackmail.

Because the laws completely favored them, and legislative power was in their hands – even Wang Anshi belonged to the scholar-official class.

They held all the cards – the only way to win was to seize the initiative and play everything at once, leaving them no chance to respond.