Chapter 261: I am a Pen-In-Cap
At the Kaifeng Prefectural Office.
“Forget it, forget it.”
Li Kai waved his hand and continued, “Given the current situation, if we keep investigating, we’ll likely bring trouble upon ourselves.”
Although the scholars outside hadn’t yet turned their attention toward the Kaifeng Prefectural Office, their spontaneous actions clearly showed they intended to protect newspapers. If the Kaifeng Prefectural Office continued its investigation into the pamphlet, Li Kai worried it would anger these scholars.
He knew that many of these scholars were graduate-scholars and young officials, and their collective power was formidable.
However, Huang Gui said, “I believe we should continue the investigation.”
Li Kai looked at Huang Gui. “What do you mean?”
Huang Gui replied, “If we abandon our investigation, they might become even more brazen. With the current unstable situation, if more newsletters appear, things could spiral further out of control and lead to disaster.
In any case, Kaifeng Prefectural Office is acting under orders. If they blame us, we have grounds to deflect responsibility. But if more newsletters appear, that would be our fault!”
Li Kai nodded slightly as he listened. “The Chief Clerk speaks reasonably. Let’s do as you suggest—continue dispatching people to investigate this matter while increasing our personnel to ensure no more newsletters appear.” As they were speaking, a clerk stood at the door. “Reporting to the Vice-Prefect, someone wishes to file a complaint.”
Li Kai instinctively asked, “It’s not Zhang San again, is it?”
Since the prefectural office rarely tried cases, only Zhang San came every day.
The clerk nodded sheepishly. “Yes, it’s Zhang San.”
Li Kai clenched his fist and pounded the table hard. “Isn’t this kid causing enough chaos already?”
Huang Gui said, “Perhaps Zhang San has come about this very matter.”
Li Kai frowned. “Indeed, the newsletter affair is closely related to him too. He wouldn’t be coming to file a complaint against Academician Wang, would he?”
Huang Gui dared not speculate.
Li Kai immediately ordered someone to bring Zhang Fei in.
Upon seeing Zhang Fei, Li Kai’s eyebrows twitched and his mouth contorted, as if he were having a stroke. Through gritted teeth, he said sarcastically, “Your business is doing well!”
Zhang Fei almost laughed out loud. He cupped his hands and replied, “Thank you for your concern, Vice-Prefect. I can barely make ends meet.”
Li Kai asked again, “Who are you trying to sue this time?”
Zhang Fei said, “I’m representing Academician Wang Anshi in filing charges against Su Shi for three major crimes: leaking state secrets, bewitching the masses, and insulting His Majesty. Here is my complaint document.”
With that, he presented the document with both hands.
At these words, both Li Kai and Huang Gui were shocked and looked at each other with confusion in their eyes.
Huang Gui went over directly, took the document, and after reading it, looked even more bewildered. He then handed it to Li Kai.
After reading it, Li Kai looked completely puzzled. “Zhang San, are you sure you haven’t made a mistake?”
Zhang Fei asked in confusion, “What do you mean, Vice-Prefect?”
Li Kai opened his mouth, then hesitated for a long moment before saying, “Setting aside my position as Vice-Prefect and speaking purely on the facts—Academician Wang closed your bookstore, while Su Shi spoke those words to defend you. Yet you’re representing Academician Wang in suing Su Shi. Isn’t this repaying kindness with ingratitude?”
Zhang Fei replied, “I am a pen-in-cap.”
Li Kai looked at him with continued puzzlement.
Zhang Fei continued, “Academician Wang hired me to litigate on his behalf. As a professional pen-in-cap, I have no reason to refuse, regardless of whether it benefits me personally.”
Huang Gui asked, “So you also know that Su Shi was defending you?”
Zhang Fei said, “I don’t necessarily think so. They were acting for themselves, while I am a victim of newsletters, not a beneficiary. My father-in-law was once harmed by a pamphlet.”
Li Kai and Huang Gui exchanged glances again, appearing somewhat hesitant.
Zhang Fei said, “I know this matter adds considerable trouble for the Kaifeng Prefectural Office. Rather than continue in this state of anxiety, it would be better to resolve the matter openly and honestly. Moreover, I believe that once the Kaifeng Prefectural Office accepts this case, the court will likely send someone else to try it.”
At these words, Li Kai’s eyes lit up—this kid was truly clever—but he remained composed. “You may go back for now. Our Kaifeng Prefectural Office will carefully consider this case, and we’ll notify you when we have news.”
“I take my leave.”
After Zhang Fei left, Li Kai said to Huang Gui, “What this kid said does have some merit.”
Huang Gui nodded. “Indeed! Whether to investigate or not, whether to arrest or not—it all depends on whether Su Shi actually broke the law and whether publishing pamphlets is illegal. This is truly difficult to determine. Litigation really is the best way to resolve this.”
Speaking of this, he paused slightly. “It’s just that I don’t know whether the higher-ups will agree to hold a court hearing for this case.”
Li Kai said, “Don’t forget that it was Wang Anshi who hired Zhang San. If Wang Anshi wasn’t confident, would he file a complaint?”
Huang Gui nodded. “That’s true.”
Li Kai hardly hesitated and quickly reported to the court.
He was clear in his heart that if this case proceeded, it certainly wouldn’t be his responsibility to handle. One side was a State Counselor, the other was a rising star in the imperiral court—how could they possibly let a mere Vice-Prefect like him preside over the trial? Moreover, since Kaifeng Prefectural Office had no prefect, the court would definitely send someone else. If he didn’t act this way, he would have to clean up this mess himself.
At that moment, Zhao Bian, Lu Gongzhu, Wen Yanbo, Sima Guang, Wang Anshi, and Chen Shengzhi were all deliberating in the Chamber of State Affairs on how to resolve this matter.
Upon seeing this complaint document, everyone looked utterly bewildered.
Moreover, this complaint document was written by Wang Anshi himself. At the time, Wang Anshi had found Xu Zhiqian’s writing inadequate, so he had Zhang Fei tell him the points while he personally took up the brush to write this complaint document.
“Wang Anshi, what are you trying to do?”
Sima Guang shook the complaint document and questioned Wang Anshi.
Wang Anshi replied, “I, Wang Anshi, have lived my life with honor and integrity, worthy of heaven and earth. Although those people have slandered me with vicious words, I will not use my position and power to retaliate against them. Therefore, I have decided to use legal means to defend my reputation.”
Sima Guang said, “Don’t give me that talk—I know you well enough, Wang Anshi. This will only make things more complicated.”
Lu Gongzhu secretly felt relieved, thinking it was fortunate that he had withdrawn from this increasingly complex lawsuit. Outwardly, however, he tried to persuade: “Anshi, when we were deliberating at the time, we were all present and understood your concerns. This really isn’t such a serious matter—there are many misunderstandings involved. We should still try to minimize the issue.”
“No.”
Wang Anshi said, “If we always minimize every issue, then nothing will ever be resolved. What I hate most in life is this muddled approach. Under the clear light of heaven, right and wrong, black and white, become apparent at a glance.
I, a dignified State Counselor, am now willing to face a mere graduate-scholar in open court. What more do you want from me?”
Wen Yanbo said, “As State Counselor, instead of prioritizing the greater good, you’re here making unreasonable arguments. This is truly outrageous.”
Wang Anshi replied, “As State Counselor, I have been humbled to the point of being slandered by others. Do I not even have the right to litigation now?”
Wen Yanbo said, “But the Chamber of State Affairs is not yours alone to decide.”
Wang Anshi asked, “What does Minister Wen mean?”
Wen Yanbo’s gaze swept around as he asked, “What do you all think—should the imperial court accept this litigation?”
Sima Guang immediately said, “I oppose it.”
Chen Shengzhi said, “I support it.”
Lu Gongzhu glanced at Sima Guang, then at Wang Anshi, and said, “I abstain.”
All eyes focused on Zhao Bian.
Zhao Bian said, “Resorting to open court is an honorable and proper method—there’s nothing wrong with it.”
Wang Anshi looked at Wen Yanbo with a smile. “Should we perhaps invite Lord Fu and Lord Zeng to ask their opinions as well?”
“Clean up your own mess when the time comes.”
After saying this, Wen Yanbo stormed off angrily.
Here we are trying to find ways to help you calm this matter, yet you insist on adding fuel to the fire.
Sima Guang also rose and left.
But after leaving, Sima Guang headed straight for the Zhang residence.
He ended up finding Zhang Fei at the neighboring Xu household.
At that moment, Zhang Fei was sitting inside conversing with the Xu father and daughter, with a copy of the Song Code of Punishments placed on the table.
Sima Guang looked at Xu Zhiqian with an unfriendly expression and said, “Qian’er, go back to your room first. I have matters to discuss with your father and Zhang San.”
“Yes, Qian’er takes her leave.”
After Xu Zhiqian left, Sima Guang confronted Zhang Fei with questions: “Zhang San, what exactly are you trying to do?”
Speaking of this matter, the three of them were the real culprits. How was it that after all this commotion, Zhang Fei had run off to join forces with Wang Anshi in a lawsuit?
Sima Guang believed that Zhang Fei should have consulted with him about this matter.
After all, he was involved in this affair too.
Zhang Fei hurriedly said, “Academician Sima, please let me explain.”
Sima Guang could hardly sit still. “Explain.”
“Yes.”
Zhang Fei nodded and asked, “Does Academician Sima believe that whoever leaked the secrets of the Court of Penal Review violated the law?”
Sima Guang was startled and couldn’t help but look at Xu Zun.
What do you mean by that?
Are you accusing your father-in-law of breaking the law?
Zhang Fei quickly said, “I’m just speaking hypothetically.”
Sima Guang said, “Of course it would be illegal. The law clearly states that leaking major secrets can be punished by death by strangulation at the highest level.”
Zhang Fei said, “Then would printing a newsletter and publishing such secrets also be illegal?”
Sima Guang glanced at him again—wasn’t that exactly what you did? After thinking for a moment, he said, “That would also be illegal.”
Zhang Fei asked, “What crime would that be charged under?”
Sima Guang said, “It should be treated as the same crime.”
Zhang Fei asked again, “Is printing newsletters illegal?”
Sima Guang said, “There are actually no regulations in that regard.”
Zhang Fei said, “If printing newsletters is not illegal, but at the same time the printer doesn’t know that the content being published contains court secrets, wouldn’t it be somewhat inappropriate to charge them with the same crime?”
Sima Guang stroked his beard and pondered for a while, then said, “I’m not here to debate law with you.”
Zhang Fei asked again, “Then does Academician Sima believe that Mr. Su violated the law?”
Sima Guang said, “Our dynasty rarely prosecutes crimes of speech. Moreover, what Su Shi said could at most be considered inappropriate language, but it absolutely cannot be considered a violation of law. If we set such a precedent, the consequences would be endless.”
Zhang Fei continued, “Then does Academician Sima think that Academician Wang’s concerns are reasonable?”
Sima Guang nodded slightly. “What Wang Anshi said has its merits, and I agree with that.”
Zhang Fei said, “If we don’t prosecute Mr Su today, but then the events that Academician Wang worries about actually occur, how should the court treat Mr Su’s words then?”
Sima Guang stroked his beard. “Since newsletters have been rare in the past, and the matters they discussed were mostly neighborhood gossip, the court has not established laws to supervise this area.”
“That’s exactly the problem.”
Zhang Fei said, “Both of these issues illustrate one point: in this matter, there are actually no specific legal precedents to rely on. The only laws that could be remotely connected are mainly three statutes: the crime of leaking major secrets, the crime of bewitching the masses, and the crime of insulting His Majesty.
But relying on these three laws to fairly try this case is almost impossible. It has devolved into the current situation where everyone claims to be right and everyone has their grievances, so the final result depends on who has the most power.
Isn’t this exactly what you worry about?”
Sima Guang’s expression softened slightly. “Are you trying to use this lawsuit to improve the laws regarding this area?”
Zhang Fei said, “I only defend my client’s interests. As for the final judgment, that’s the presiding judge’s responsibility.”
Sima Guang nodded slightly. “The final verdict still rests in the court’s hands.”
