Judge of the Song Dynasty

The Northern Song gave people the impression of being rather twisted and awkward no matter how you looked at it.

Technology was advanced, there was no shortage of military generals or soldiers. They were slightly short on horses, but it shouldn’t have led to constant defeats.

Commerce flourished and the economy was developed, yet the court constantly ran deficits while the people complained of poverty daily.

Everything seemed contradictory.

Though many factors contributed to these contradictions, one thing was certain: society was too advanced while management was too backward to match it.

The military recruitment system.

No restriction on land consolidation.

Official paper currency.

Promoting commerce.

And so forth. The newspapers were the same.

Newspapers were born in the Northern Song, flourished in the Southern Song, and by Emperor Huizong’s reign, problems had already emerged. The court began implementing controls, but by the Southern Song, those newspapers became more rampant than influencer accounts.

The court repeatedly banned them to no avail.

So Zhang Fei absolutely would not take the blame for this. He merely moved up the “flourishing” a little bit – even without him, they would have developed anyway.

Because the people all knew the official bulletins were deceptive, reporting good news but not bad. Who read the official bulletins? Everyone preferred reading newspapers.

This showed the Northern Song already had this foundation – an open social atmosphere, scholars everywhere, extreme emphasis on education, and technology that had caught up. Newspapers were an inevitable product.

The Song court’s response was like Wang Anshi’s – trying to suppress these newspapers but unable to do so, resulting in them becoming even worse.

The most difficult aspect of legislation was not whether the law was good or bad, but ensuring it could actually be enforced. Some laws, even when forcibly implemented, simply couldn’t be executed and often made things worse, because the law represents society’s bottom line.

Although Zhang Fei hadn’t planned the whole affair in its initial stages, as events unfolded, he adapted to circumstances and began strategizing.

Actually, he could have actively tried to stop Wang Anshi. Though he might not have been able to convince Wang Anshi, he ultimately didn’t do so, and his purpose was to let things reach this point.

Because he wanted to establish newspapers, and without legal support, this would become extremely troublesome – you wouldn’t know what was legal or illegal.

There would be no standard.

And the Song system involved mutual checks and balances with extremely poor efficiency. Rather than suggesting they legislate on this matter, it was better to fight a lawsuit.

A government decree could drag on for a year, but a court judgment couldn’t drag on for a year. No matter how they ruled, the court had to provide an explanation.

Zhang Fei also intervened using his identity as a pen-in-cap.

“What? Academician Wang is suing my elder brother?”

Su Zhe looked at Sima Guang in shock.

Sima Guang nodded.

Su Shi exclaimed excitedly, “The opposing pen-in-cap is Zhang San!”

Sima Guang nodded again.

“This is wonderful!” Su Shi was as happy as a child.

Su Zhe was dumbfounded. “Brother, what’s wonderful about it?”

Sima Guang also stared blankly at Su Shi.

Su Shi said excitedly, “I’ve long wanted to cross swords with that young man, but never found the opportunity. This is truly a heaven-sent chance!”

Sima Guang felt dizzy.

He’d encountered a fool.

This was terrible!

Su Zhe said excitedly, “Brother, do you know what punishment you’ll face if these three charges stick?”

Su Shi replied with displeasure, “Third Brother, do you think my eloquence is inferior to that Zhang San’s?”

Su Zhe was completely speechless and too lazy to argue with him. He turned to Sima Guang again: “Academician Sima, my brother was clearly speaking up for Zhang San’s injustice. Why would Zhang San repay kindness with ingratitude?”

Su Shi immediately defended himself: “I wasn’t speaking up for his injustice. I simply couldn’t stand Wang Anshi’s behavior. It’s reasonable for him to sue me.”

This left Sima Guang unsure how to respond. He chuckled: “Since you, Su Shi, are so confident, that saves me much trouble. However, whether court proceedings will actually be held is still undetermined.”

“Undetermined?”

Su Shi asked uneasily.

At the Remonstrance Bureau.

“Another lawsuit? How can Wang Anshi, a dignified State Counselor, act like common folk, running to Kaifeng Prefecture to file complaints at every turn? It’s truly laughable.”

“The key question is what grounds does he have to sue Su Shi? Though litigation is fair, using power to force Kaifeng Prefecture to hold court – isn’t this also corruption and using public office for private gain? We should impeach him before His Majesty.”

When the Remonstrance Bureau heard that Wang Anshi had gone to file another complaint, they all found it ridiculous.

Moreover, if you, Wang Anshi, keep filing complaints, what are we at the Remonstrance Bureau and Censorate supposed to do?

They were all thoroughly fed up with litigation.

There was absolutely no sense of participation.

Zhao Bian sighed and said, “I have carefully studied such cases. If you ask whether Wang Anshi has engaged in opportunistic behavior, the answer is yes, but if you ask whether he has abused his power for personal gain, that’s not really the case. It’s just that before this, such disputes were never brought to the Kaifeng Prefectural Office – they were usually settled through deliberation within the imperial court. But once they reach the Kaifeng Prefectural Office, from a judicial perspective, it becomes very difficult to reject their complaint documents with convincing reasons.

Take the crime of bewitching the masses, for example. If we look solely at Su Shi’s words, they actually cannot constitute this charge. However, the opposing party’s complaint document argues based on results – Su Shi’s remarks did indeed incite unrest.

So according to the legal commentaries on this charge, it can indeed constitute this crime.”

After hearing this, all the remonstrance officials were dumbfounded.

Encountering a bureau chief who spoke like this – why don’t you go be an official at the Court of Judicial Review? This was truly the sorrow of the Remonstrance Bureau.

Fan Chunren quietly stepped forward, “Chancellor Zhao, may this humble official presume to ask – has Su Shi retained a pen-in-cap?”

“…?”

Swish, swish, swish!

His colleagues’ gazes immediately shot toward Fan Chunren.

So there wasn’t just one disgrace to the Remonstrance Bureau after all!

At the Kaifeng Prefectural Office.

“Drafting Secretaries Song and Li, you… what did you just say?”

Li Kai looked at Song Minqiu and Li Dalin in surprise, “That pamphlet was published by you?”

Song Minqiu nodded, “That’s correct.”

Li Kai asked in confusion, “Why did you do this?”

Song Minqiu said, “Because we strongly agree with Su Shi’s views and are deeply disgusted by Wang Anshi’s methods, which is why we did this. This matter has nothing to do with Su Shi- Wang Anshi has accused the wrong person.”

Li Dalin smiled, “Su Shi’s words were not illegal, and publishing pamphlets is also not illegal. Wang Anshi, as State Counselor, enjoys His Majesty’s favor – if he truly wanted to punish us, why would he need to go through the Kaifeng Prefectural Office?”

Huang Gui hastily said, “Our Kaifeng Prefectural Office has never said this matter was illegal. As for whether it’s illegal or not, that can only be determined after a trial. We will report this matter – please return home for now.”

Song Minqiu was stunned and asked, “Don’t you need to detain us?”

Huang Gui shook his head repeatedly, “No need.”

“Very well then, we’ll take our leave first.”

Song Minqiu bowed with cupped hands and added, “But this matter truly has nothing to do with Su Shi.”

Huang Gui said awkwardly, “We cannot decide that here – it must be determined by the judicial process.”

“Chief Clerk Huang speaks reasonably.”

Song and Li were not petty people. They had published this pamphlet merely to express their dissatisfaction.

But they hadn’t expected it would end up at the Kaifeng Prefectural Office. They believed they had implicated Su Shi, so they voluntarily came to the Kaifeng Prefectural Office to surrender themselves.

What a pair of bookworms. Li Kai couldn’t help but curse silently, then said to Huang Gui, “With their involvement, the case will only become more complicated.”

But Huang Gui breathed a sigh of relief, “The more complicated it gets, the less likely we’ll have to handle it.”

Li Kai’s eyes lit up, and he felt joy in his heart.

That’s right – the position of Prefect of Kaifeng was still vacant. The bigger this case became and the more interests it involved, the less likely it would fall to him, a mere Vice-Prefect, to decide.

Sure enough, when Song Minqiu and Li Dalin’s surrender was reported up the chain, it added insult to injury for the already overwhelmed Chamber of State Affairs.

“Drafting Secretaries who specialize in composing imperial edicts actually ran off to write pamphlets – this is truly unprecedented! Did they find drafting imperial edicts too boring?”

When Wang Anshi learned this news, his anger knew no bounds.

Wen Yanbo said excitedly, “Your relationship with Song Minqiu is quite good too. Don’t you understand his character? Why won’t you reflect on yourself?”

This entire group had good relationships with Song Minqiu – they were all book lovers who often gathered to drink wine and discuss literature.

Wang Anshi said, “At the time, you all knew my concerns.”

Wen Yanbo replied, “We were also willing to work with you to calm this storm, but you chose to file a complaint at the Kaifeng Prefectural Office yourself.”

Wang Anshi snorted, “They’re all coming after me – how could I dare implicate you?”

“You’re simply…”

“Report! Historiographer Su Shi requests an audience.”

Su Shi’s current official title was Historiographer, which carried no real power but had excellent prospects. Holding this title indicated that the court intended to cultivate him as a key talent, and he would be promoted directly within a year or two. This was why Sima Guang had extended an olive branch as soon as Su Shi returned.

Wang Anshi frowned and said, “What’s he coming here to stir up trouble for?”

Seeing that Wang Anshi was in the midst of an explosion, Sima Guang feared that Su Shi might offend Wang Anshi, so he volunteered, “I’ll go see him.”

But when he learned the reason for Su Shi’s visit, Sima Guang was so angry he nearly fainted.

It turned out that Su Shi had rushed here because he was worried that Song Minqiu and the others would steal away his position as the defendant, claiming that the responsibility was his own.

“Su Shi, could you please stop making things worse?” Sima Guang was also about to go crazy.

Su Shi said, “Academician Sima, you know Song Minqiu’s character better than I do. In court, how could he be a match for Zhang San and Wang Anshi? If we let him take the stand to testify, it would only make things worse.”

Just then, Fan Chunren arrived again.

“Su Shi is here too – that couldn’t be better.”

Fan Chunren was delighted to see Su Shi.

Sima Guang asked, “What brings Remonstrator Fan here again?”

Fan Chunren said urgently, “Academician Sima, let me defend Su Shi. This time I’m confident I can defeat Zhang San.”

Su Shi immediately replied, “I wouldn’t dare trouble Remonstrator Fan with this matter.”

Fan Chunren was stunned. “Have you already retained someone?”

Su Shi said, “I’m defending myself!”

Fan Chunren exclaimed, “How can you defend yourself?”

“Why can’t I defend myself?”

“Look, you don’t even know the rules of litigation, yet you want to defend yourself. If you defend yourself, you can only passively take hits – you won’t be able to launch attacks against Wang Anshi.”

“Don’t think I’m ignorant. Judicial reform hasn’t reached the Kaifeng Prefectural Office yet. Those rules are just unwritten customs that can be changed.”

“That would be complete chaos. Wang Anshi also wants to question witnesses, and it would just end up in endless arguments. Moreover, judicial reform is already being prepared for implementation in Kaifeng County, which shows that since this law exists, it must be respected and followed.”

Fan Chunren continued, turning to Sima Guang: “Academician Sima, is there anything wrong with what I’ve said?”

Sima Guang stood up and shouted outside, “Someone come! Throw these two out of the Chamber of State Affairs!”

“…?”

Not one of them was giving him peace of mind.

The Xu Residence.

“Song Minqiu? Li Dalin?”

Zhang Fei thought for a moment but still hadn’t heard of them, so he asked curiously, “Do these two have grudges against Academician Wang?”

Xu Zun shook his head. “Not only do they have no grudges, but they used to have very good relationships. Wang Jiefu often borrowed books from Song Minqiu.”

Zhang Fei was even more curious. “If that’s the case, then why are they doing this?”

Xu Zun said, “Because they strongly oppose the ban on newspapers discussing current politics.”

Zhang Fei nodded. “Then let’s file an additional complaint document and sue them together.”

“Wait a moment!”

Xu Zun was also getting a headache now. “Song Minqiu is different from that Su Shi. He’s learned, hospitable, and has friends within and outside the imperial court. Academician Sima, Lord Wen, Lord Fu, and Chancellor Zhao all have good relationships with him. He also has extremely high prestige in scholarly circles. If you take him to court, you’ll probably offend all the scholars in Bianjing. See if you can arrange for him to be a witness instead.”

Zhang Fei said, “They’ve already confessed, so they can’t possibly be considered witnesses. Their crimes might even be more serious than Mr. Su’s. Besides…”

He smiled slightly: “I don’t mind offending those scholars either.”

Xu Zhiqian said, “Don’t get carried away. Why is Uncle Wang fighting this lawsuit? Isn’t it because he couldn’t bear the pressure those scholars put on him? How much more so for you.”

Xu Zun nodded, saying worriedly, “Qian’er is right.”

“It’s different.”

Zhang Fei smiled. “I can bear it. Scholars won’t resort to violence, and I like this kind of big scene. My battle robe was born for this – the more scholars paying attention, the better. What we need to do is win this lawsuit beautifully and make them shut up.”

Xu Zhiqian snorted softly. “Rest assured, no matter how beautifully you win, they won’t shut up. The trouble will be endless.”

Zhang Fei’s lips curved upward. “I’ve read the pamphlet that Song Minqiu and gang wrote – they’re complete garbage. You can’t see any scholarship in them at all.”

Xu Zhiqian was stunned, then suddenly thought of something and said, “Doesn’t that mean we’re in an invincible position?”

Zhang Fei smiled. “Absolutely.”

To put it lightly, Su Shi was just venting his complaints, but the actions of Song Minqiu and others were far more serious in nature. The key point was that he held the position of Drafting Secretary, an official specifically responsible for drafting imperial edicts. The bigger this matter became, the more it would require the Emperor to come out and make the final decision.

Hall of Delegated Rule.

“When this matter was discussed at the time, the concerns raised by Academician Wang were by no means unfounded worries, and all of you agreed with them. Yet Song Minqiu and others, without asking for clarification of the reasons, rashly published pamphlets, disturbing the people’s hearts, creating chaos, and placing the court in an unjust position. Moreover, they are court officials themselves, so their crimes should be punished more severely.”

Emperor Zhao Xu was visibly displeased.

Wen Yanbo immediately stepped forward and said, “Your Majesty, Song Minqiu and others were not unaware of Academician Wang’s concerns; they simply opposed doing so. And it’s not just Song Minqiu and others who opposed it – virtually all scholars and students opposed it. I believe the decision at that time was too hasty, and it was our negligence that led to this turmoil. I am willing to bear the responsibility for dereliction of duty and hope Your Majesty will forgive Song Minqiu and others.”

Wang Anshi stood to one side and said quietly, “Can one take responsibility for illegal acts?”

Sima Guang immediately retorted, “Speaking of judging by law, publishing pamphlets is not illegal either.”

Wang Anshi smiled. “The case hasn’t been tried yet, so I hope Academician Sima won’t make premature conclusions.”

Sima Guang snorted. “You also know it hasn’t been tried yet, so on what basis do you make such statements?”

Wang Anshi replied, “At least I dare to take it to court.”

Sima Guang said, “Song Minqiu and others went to the Kaifeng Prefectural Office themselves – is this a sign of guilty conscience?”

Zhao Xu quickly said, “You two, stop arguing. How should this matter be decided?”

Zhao Bian suddenly stepped forward and said, “Your Majesty, Wang Anshi’s concerns are not excessive worry, but Su Shi’s words are also difficult to convict. Currently, it’s hard to accommodate both sides, so I believe taking it to court is the best solution.”

Lu Gongzhu had long wanted to leave the Kaifeng Prefectural Office, but Zhao Bian very much wanted to return to it. His words could be understood as self-recommendation.

Wen Yanbo glanced at Zhao Bian with frustration.

Zhang San had never lost a case in court. Su Shi was a future pillar of the nation, and Song Minqiu was their good friend. Sending them to court would be unpredictable in outcome.

And it would likely be more dangerous than fortunate.

Zhao Xu nodded and asked, “What are your views?”

Wen Yanbo really didn’t want this to go to court – the cases of Wang Wenshan and Wang Hongzhi were still vivid in memory. But if Wang Anshi was unwilling to relent and admit fault, there really was no better solution to this matter.

Sima Guang was the first to step forward and say, “I agree.”

Lu Gongzhu and Chen Shengzhi also expressed their agreement one after another.

Wen Yanbo remained silent throughout.

But how could he know that Sima Guang, Wang Anshi, and Zhao Xu all supported Zhang Fei?

No one could stop this lawsuit.

This meeting was just going through the motions.

Zhao Xu nodded and said, “Then let—”

Zhao Bian immediately said, “I am willing to try this case.”

Zhao Xu glanced at Zhao Bian and smiled. “Very well! You shall preside over this case.”

Court of Penal Review.

“I want to represent myself.”

Su Shi said excitedly to Sima Guang, “Academician Sima, you must trust me. I’m confident I can beat Zhang San.”

Sima Guang replied, “You may represent yourself, but the rules cannot be broken. You cannot question witnesses.”

Su Shi became anxious and bowed, saying, “Brother Guang, could you make an exception for your younger brother just this once?”

Sima Guang said, “This was stipulated by Chancellor Zhao. I have no choice in the matter.”

Speaking thus, he glanced at the excited Fan Chunren beside him. “Let Remonstrator Fan defend you instead.”

Fan Chunren quickly said, “Su Shi, trust me just this once.”

Su Shi acted as if he hadn’t heard, then suddenly had an inspiration and said, “Academician Sima, actually I think this matter has nothing to do with me. I was merely complaining a few words – who hasn’t complained before? How can this be considered a crime? It was Song Minqiu and the others who, without my permission, put my words in the pamphlets. They should be the defendants, and I can defend them.”

Sima Guang looked at Su Shi and smiled. “Su Shi, how about this – if we charge you with the crime of leaking state secrets, only serious cases warrant execution. Since this discussion wasn’t classified, if you plead guilty, according to the law you’d probably get about a year of exile. Why don’t you take full responsibility and save everyone the trouble?”

Su Shi looked toward Fan Chunren.

Fan Chunren repeatedly bowed and said, “I hope you will trust me just once.”

Su Shi said, “Can Remonstrator Fan say what I tell him to say?”

Fan Chunren: “…!”