CH 10: Smells like Home!

Actually, the officials in the capital were not aware of the new developments in the case. The official document from Bianjing only stated that Xu Zun was to return to the Court of Judicial Review, not even mentioning this case.

The intention, however, was very clear. Xu Zun was to return to the court and stand by his opinion.

After all, the Court of Judicial Review was the highest judicial court, and Xu Zun’s return would certainly favor those who supported him.

This was a political arrangement.

Given that it was a political struggle, it would be foolish for Superintendent Cao Yan to get involved. Therefore, at this last minute, he backed out, even though he was actually able to proceed with the trial, and the two matters were not related at all.

He chose to give up, entirely for political considerations.

Xu Zun did not expect things to reach this point either. He was simply adhering to his principles. Now that he has become a judge of the Court of Judicial Review, all the more the could not back down. He decided to take all the personnel related to this case to the capital for trial.

In fact, he also had a minor notion, which was his hope to bring the issue back to the law itself.

Indeed, stirring up political strife was not what he desired.

There was no time to lose. After all, so much had happened in such a short time, Xu Zun dared not delay any further. Two days later, he hurriedly set off with Zhang Fei and others, heading for Bianjing.

After several days of travel, the group finally arrived in Bianjing.

For Zhang Fei, it was truly like entering another country. The prosperity was astonishing, utterly breathtaking.

Looking around, the streets were packed with people, bustling with carriages and horses. The ships on the river were endless, and the shops on both sides of the street were so numerous that they overwhelmed the senses.

Dengzhou, although also commercially prosperous, didn’t give the feeling of a super metropolis like Bianjing.

Zhang Fei was actually well-traveled in his past life, and he had seen images from the late Qing dynasty, which gave him a glimpse of the street scenes of that era. But he felt that these could not be compared with the scene before him.

He even believed that this scene was closer to a modern city than the late Qing era.

One important factor was the non-standardized streetscapes in Bianjing, which were completely open. Instead of high walls lining the streets, there were shops, marquees, and government offices. What was even more outrageous was that many government offices had pitifully small facades, like outhouses, appearing very shabby, and were in no way comparable to the grandeur of the restaurant next door.

Clearly, Bianjing had already highly integrated commerce, administration, and transportation, devoid of the sense of isolation often found in feudal societies.

One very, very key reason why the Song Dynasty was so unique was that it did not restrict land consolidation,[1] even if it restricted commercial activities.

Even not restricting commerce would not necessarily lead to this level of economic development.

After all, the economic foundation of an agrarian country was still its agricultural economy.

But such levels of development become possible when land consolidation is not restricted.

Restricting land consolidation would bind the peasantry to their farmland. When land consolidation is not restricted, a large number of people who have lost their land would only have to go to the city to make a living, thus creating such prosperity.

With so many people seeking a livelihood, it was impossible to maintain a system of closed management.

Given the limited land, people who want to do business naturally hope to demolish walls that separated districts in a city. This was driven by demand, and commerce demands openness.

In fact, in the early years of the Northern Song Dynasty, the rulers still hoped to inherit the li-fang system of the Han and Tang dynasties, which was easier to manage with its walled and gated districts. However, the people did not agree. If the government were to re-implement the li-fang system, there would be no place for business. Therefore, shops and stalls were expanded even onto the streets. This not only provided more places to make a living but also facilitated trade. After some struggle, the rulers of the Northern Song Dynasty chose to turn a blind eye.

It was not until the reign of Emperor Huizong that the government formally levied a “street encroachment fee” on these street-facing shops. This was effectively a tax.

In fact, the simplest and most straightforward way to determine whether an industry is legal is to see whether the state levies taxes on it. As long as taxes are levied, it is definitely legal, a test far more reliable than any law.

As Xu Zun was an official from the capital, he had his own residence in Bianjing.

However, when Zhang Fei arrived at Xu Zun’s residence, he couldn’t help but feel disappointed. It was completely different from the grand mansions he had imagined. Although it was very clean and not small, with two courtyards and rooms on the left and right, it looked somewhat old. The key issue was the gate, which at most only allowed two adults to pass side by side, it was not like the grand gates seen in TV shows and films.

Zhang Fei couldn’t help but sigh: “Benefactor, you’re too incorruptible, aren’t you?”

On the road, Zhang Fei often discussed law with Xu Zun. Many of his viewpoints not only won Xu Zun’s approval but also impressed him, making their relationship even closer. Zhang Fei had even started addressing Xu Zun as “benefactor”. Of course, this was initiated by Zhang Fei himself, because he was very clear that Xu Zun was his only backer in this world.

Xu Zun chuckled: “This place is rented.”

“Rented?”

Zhang Fei was even more surprised, he said: “That can’t be right! As far as I know, the salaries of our Song Dynasty officials are very high.”

Xu Zun laughed bitterly, “But the housing prices in Bianjing are even higher! Of course, with my salary, if I save for about ten years, I could buy a manor like this one. However, since we officials from the capital are often assigned to different places, buying a house is not economical. Most officials in the imperial government also only purchase properties after they retire and return to their hometowns.”

Immediately, a feeling of home came rushing towards him, making Zhang Fei feel very familiar and comfortable. He said, “So it would be even harder to afford a house if one is not an official.”

Xu Zun didn’t answer this, but instead chuckled and asked, “Why, are you thinking of obtaining an official position through examinations?”

Zhang Fei was taken aback and said, “I’d love to! But I can’t pass the exams.”

“You lack ambition.”

Xu Zun gave him a scornful glance, saying, “You haven’t even tried, how do you know you can’t pass?”

Zhang Fei looked disheartened, “Is there a need to take the exam for me to know that I can’t pass? Just look at those who have passed the imperial examination.”

It was not surprising that he lacked ambition to take the civil exams. After all, he was born in an era teeming with talent. Counting those who have passed the imperial examination, there was Su Shi, Su Zhe, Su Xun, Wang Anshi, Sima Guang, Fan Zhongyan, Bao Zheng…!

In ancient Chinese history, the Han and Tang dynasties were famed for their military talents. In terms of numbers, the Tang might have an advantage. However, if one were to speak of constellation of literati and civil officials, there was no doubt that the Song Dynasty would be number one.

In this era, the star of literature and arts shone particularly brightly.

That was why the Tang Dynasty could march all the way to Lake Baikal, while the Song Dynasty was beaten down south of the Yangtze River.

Although Zhang Fei was an excellent student, he wasn’t one of those top hundred super geniuses nationwide. Plus, the knowledge required now was different from what he had learned, and he was past the age of education.

There was a high possibility that he might spend his whole life without achieving passing the civil examinations.

The risks and benefits were not proportional.

However, Xu Zun thought highly of him and wanted to push him on. He said, “Do you plan to stay as a pen-in-cap all your life?”

Zhang Fei pondered for a moment, then suddenly grinned, “Benefactor, would you recommend me for an official position?”

Xu Zun didn’t expect this young man to blurt out such a sentence. He stared at him, saying dismissively, “If that’s what you’re thinking, it’d be better for you not to be an official.”

In fact, if Xu Zun really wanted, he could arrange for Zhang Fei to become an official because the Northern Song Dynasty had a system of granting quotas to recommend individuals for official position as a reward for service. This was known as the “grace appointment system”. The excess of officials in the Northern Song Dynasty was not solely due to the imperial examinations.

After all, geniuses were limited in number.

The grace appointment system in the Northern Song Dynasty had become increasingly bloated. The emperor could grant his officials an appointment quota on his birthday, resulting in not only the sons and relatives of officials but even their students being recommended to serve as minor officials in the government.

It could be said that when one person achieves success, all their associates rise with them.

Of course, those who really held high positions were still those geniuses who made it through the imperial examinations.

In this time period, it was difficult to get ahead without knowledge because there were too many geniuses. At most, one could try to climb the ranks by achieving military merit.

The most famous examples were the great general Di Qing and the treacherous minister Gao Qiu.[2]

Unfortunately for Zhang Fei, Xu Zun greatly treasured his impartial and incorruptible reputation. He had been granted several grace appointment quotas, but he had never used them. He didn’t even assign a quota to his own son, though it was not needed since the Emperor ultimately granted his son an official position, causing him to leave the capital to take up his post at the beginning of the year.

“Haha!”

Suddenly a hearty laughter came from the entrance, “Isn’t it delightful to have friends visiting from afar!”

Zhang Fei turned his head and saw a middle-aged man about forty years old, dressed in a gray-green long gown, walking in through the door.

“Brother Liu!”

Upon seeing this man, Xu Zun couldn’t help but feel overjoyed. He quickly walked up to greet him and bowed.

The man’s name was Liu Zhao. He was an official at the Palace Secretariat, and was a close friend and former classmate of Xu Zun.

Liu Zhao returned the greeting with a salute and smiled, “Congratulations, Brother Xu, on your promotion to Chief Justice of the Court of Judicial Review.”

“No, no!” Xu Zun shook his head and sighed, “This promotion comes more as a shock than a surprise!”

Liu Zhao stroked his beard and laughed heartily.

Xu Zun showed a look of embarrassment and repeatedly said, “Let’s go, let’s go! Let’s go upstairs to talk.”

Saying this, he then led Liu Zhao into the house.

Zhang Fei, hearing their cryptic conversation, wanted to follow them and gather information, but he was stopped by Xu Yuan.

***

“Brother Xu, you have truly made a big splash this time!”

Once seated, Liu Zhao chuckled.

“Aiyo!” Xu Zun said, “It’s one thing for others to laugh at me, but for you to do so as well! I didn’t even want all this attention, it’s just that…”

Liu Zhao said, “It’s just that you take the law absolutely seriously.”

Xu Zun sighed, “When can I change this habit of mine!”

Liu Zhao’s smile faded, “If you ask me, I think this habit of yours is quite good.” Here, Liu Zhao sighed, “It’s just that the imperial court has been in turmoil recently, and it’s not your fault!”

Xu Zun hurriedly asked, “What’s the situation in court now?”

Liu Zhao sighed, “After you objected to the judgment of the Court of Judicial Review again, imperial censors impeached you for interfering with the judiciary. At the same time, they requested that this case be handed over to the Emperor for his decision.

Subsequently, the Emperor tasked Wang Anshi and Sima Guang with discussing the case. Both of them disagreed with convicting the woman of the Ten Abominations!

However, there was a great debate between the two about whether to reduce the charge for voluntary surrender. Wang Anshi believed that your suggestion should be adopted, but Sima Guang believed that the charge of intentional murder resulting in bodily harm was undisputable. He thought that the woman had the malicious intent of murder, so it would not be appropriate to reduce the charge for voluntary surrender.

In the end, the Emperor agreed with Wang Anshi, and gave judgment accordingly. However, before His Majesty’s edict could be sent out of the capital, it was rejected by the Ministry of Punishments and the Court of Judicial Review. So the Emperor handed the case back to them for reconsideration.

Both Wang Anshi and Sima Guang have received considerable support from many officials. As a result, the debate is endless, and no consensus can be reached.”

Xu Zun said discontentedly, “But what they are arguing about is not the law.”

Liu Zhao shook his head and said, “What they are arguing about is precisely the law, albeit about the Old Laws versus the New Laws![3] Your promotion this time was instigated by Wang Anshi. He hopes that you can preside over the Court of Judicial Review and help him win this victory.

So, Brother Xu, you must not be careless. This fight is very dangerous. A single misstep could end your political career right here!”

Xu Zun nodded and said, “Actually, I had anticipated that returning this time would certainly be dangerous, but I absolutely shall not serve as their pawn.”

Liu Zhao said, “This case started because of you, I think it’s difficult for you to stay out of it.”

“That’s not necessarily the case.”

“Oh? I wonder what you have?”

“Hehe!” Xu Zun stroked his beard and smiled, “Because there is another person who wants to appeal for that woman. If he can succeed in his appeal, I won’t get involved.”

Upon hearing this, Liu Zhao repeatedly waved his hands and said, “This is a futile effort. Any doubts in this case have been argued over hundreds of times by the learned officials in the imperial court. There is nothing left to argue about. It all depends on what the Emperor will eventually decide.”

Xu Zun said, “But I have confidence in this person.”

Liu Zhao couldn’t help but ask, “Who is this person? Do I know him?”

“It’s him.” Xu Zun pointed outside the door.

Following his direction, Liu Zhao saw a young man peeping into the room, he couldn’t help but ask, “You’re referring to the young man next to Xu Yuan?”

“Exactly!”

“You would entrust such an important matter to a youngling who still smells of milk?” Liu Zhao questioned.

Xu Zun said, “Not only is this person proficient in the law, but he’s also very eloquent. It was him who originally proposed to me that voluntary surrender might be applicable, which could spare Ayun the death penalty.”

“Really?”

Liu Zhao said with curiosity, “Then I would like to meet this talented young man.”

[1] Land consolidation refers to the phenomena where land gets consolidated in the hands of wealthy, large-scale landowners, through a variety of measures such as purchases and foreclosure of mortgages. These large-scale farmland would enjoy economies of scale and not require as many peasants to work the land, freeing up labor to move to urban centers (or resulting in landless unemployed masses who eventually rise in rebellion).

[2] Di Qing and Gao Qiu were both notable officials who gained prominence due to their achievements in military service.

[3] Wang Anshi’s reforms were known as the New Laws, sometimes also translated as the New Policies. The implication here is that the debate was ultimately between the conservatives and reformers, the “old” laws and the “new” laws.