CH 12: Twin Stars of the Northern Song

“How absurd, that lewd villain dared to disrespect me, I, Xu Zhiqian, will not let him off easily.”

Even though Xu Zhiqian had completely sobered up, her exceedingly beautiful face was flushed even more, as if resembling the evening glow at the horizon.

Suddenly, she heard a maid’s voice from outside the door, “Miss Qian’er!”

Xu Zhiqian immediately responded, “Come in.”

The maid stepped sideways into the room, quickly closed the door, and hurried over to Xu Zhiqian, panting, “Miss Qian’er, I’ve investigated. That man is named Zhang San, brought here by the master from Dengzhou.”

Xu Zhiqian was puzzled, “How could my father associate with such a shameless rogue? Did he pick up bad habits in Dengzhou? No, I have to ask my father about this.”

The maid quickly stopped Xu Zhiqian, “Miss Qian’er, the master has already instructed that without his order, you are not to leave the room. Besides, the master is also furious now. It’s better for you to wait a couple of days before bringing it up.”

After hearing this, Xu Zhiqian’s eyes flashed a trace of guilt. She stomped her foot angrily, “This is infuriating!”

Meanwhile, Zhang Fei was also not to be outdone.

He tossed and turned, unable to sleep!

The disturbance that afternoon had made it impossible for Zhang Fei to fall asleep.

He had heard that ancient people took their reputation very seriously. A simple touch of the hand could determine a lifelong commitment. Would Benefactor hold me accountable for this? That would be terrible. Although the woman was quite beautiful, I don’t want to marry a drunkard. No, I must explain again tomorrow, I can’t give the Xu family any opportunity to take advantage!

Early the next morning.

Zhang Fei came to the front yard, awkwardly saying to Xu Zun, “Benefactor, about yesterday, I really…!”

Before he could finish, Xu Zun interrupted, “I don’t want to hear anyone bring up yesterday’s incident.”

It seemed that he didn’t intend to hold me accountable. That’s good! That’s good! Zhang Fei felt slightly relieved, his worries turning into joy, “Rest assured, I will never bring it up again.”

Xu Zun glared at him, then said solemnly, “Later, I will have to enter the palace for an audience with the Emperor. Before this case is concluded, you must stay in the manor, and you’re not allowed to go anywhere.”

Zhang Fei was stunned, and asked, “Is there danger outside?” He thought to himself. The Northern Song Dynasty was full of gentlemen—surely they wouldn’t resort to assassination, would they?

Xu Zun said, “This matter is of great importance, we can’t afford any more complications.” After a pause, he added, “You sure know how to stir up trouble!”

Zhang Fei sheepishly nodded, “I understand.”

***

At this point, Emperor Zhao Xu was already feeling a headache from this case. He was full of ambition and did not want to waste too much energy on such a simple case.

But this did not mean that he wanted to back down or give up. He was eager to settle the matter quickly and decisively. This was why he had accepted Wang Anshi’s advice and urgently brought Xu Zun back to the capital to preside over the Court of Judicial Review.

Because the Court of Judicial Review was the highest court of the Northern Song Dynasty, it held great sway in criminal cases. Not long ago, they even rejected Emperor’s personal determination of the case!

This indeed upset the Emperor and damaged his face. They had asked for his decision and then rejected it after the fact.

Are you playing with me?

This young and vigorous Emperor was not someone easy to provoke. Since he couldn’t beat them, he would simply pulled the rug from under them—he’d put someone else in charge.

Of course, from this, it can be seen that Emperor Zhao Xu absolutely supported Wang Anshi and was determined to win this battle.

In fact, he couldn’t afford to lose, because this was essentially the first major challenge he faced since his ascension to the throne. Now only did he feel personally frustrated, it would have a great impact on his imperial authority if he didn’t turn things around.

Therefore, as soon as Xu Zun returned to the capital, Emperor Zhao Xu immediately summoned him into the palace.

After instructing Zhang Fei, Xu Zun hurriedly rushed to the palace.

Upon entering the palace, he saw not only the Emperor, but also Academician Wang Anshi, Academician Sima Guang, as well as officials from the Ministry of Punishments, the Censorate,[1] and other departments.

The most eye-catching among them was Wang Anshi, because he was unkempt and scruffy, his beard almost matted, and even his belt was askew. Just standing in this grand hall with such a demeanor, he looked like a veritable protagonist.

On the contrary, Sima Guang was just the opposite. His hair and beard were neatly combed, his clothes were somewhat old, but very clean and tidy, meticulous in every way.

At this time, both Wang Anshi and Sima Guang were of an age where they were nearing their fifties. Although they were not as energetic as they were in their twenties or thirties, their experience was rich. At this age, it could be said that they were in the peak period of their career in the civil service.

In history, they were the last group of brilliant civil servants in the Song dynasty.

Such a pity!

Seeing this scene before him, Xu Zun couldn’t help but feel a thud in his heart. It seemed that, as Liu Zhao said, this case had already alarmed the entire government.

After all, he was not a Chancellor-level figure. Such a grand welcoming ceremony was really not necessary for him.

“This subject Xu Zun pays his respects to Your Majesty.”

“Rise quickly.”

After this ceremony between sovereign and subject, Emperor Zhao Xu first praised Xu Zun’s achievements while away from the capital. It was precisely because of Xu Zun’s excellent achievements and his popularity among the local people, that the court had sent him to Dengzhou for experience. His promotion and return to the capital were inevitable, only that it was now being brought forward by more than a year.

“Your Majesty is too kind, I dare not accept such praise,” Xu Zun responded humbly.

Emperor Zhao Xu smiled slightly, “You are being too modest. From the case of Ayun, it can be seen that you are selfless and impartial in your official duties!”

Simag Guang and the other opposing officials immediately gave the Emperor a disapproving look.

Selfless and impartial?

Says whom?

Certainly not us.

The Emperor pretended not to notice these officials, and said to Xu Zun, “However, your views on this case have caused many ministers in the court to feel puzzled, especially the point on voluntary surrender. I wonder what explanation do you have for this?”

Xu Zun said, “Your Majesty, I was merely raising doubts about the judgment of the Court of Judicial Review, adhering to the principle of ‘when in doubt, err on the side of leniency’. If the Court of Judicial Review wants to uphold the verdict, it must give a reasonable explanation, and also provide a detailed explanation as to how our laws are to be interpreted.”

But immediately he continued, “Furthermore, this case has new witnesses and evidence. Some believe that even if Ayun’s charge is reduced for voluntary surrender, it would still be unfair. It is argued that the case should be considered to be one of excessive self-defense.”

Xu Zun no longer wanted to argue about the point of voluntary surrender with Sima Guang and the others. He knew in his heart that, as Zhang Fei had said, both sides of the debate had valid points. Even if the debate were to continue, one side would not be able to convince the other, and it would eventually evolve into a power struggle.

But just as his words were said, Sima Guang immediately stood up, and angrily questioned, “This is absolutely ridiculous. How could it be considered excessive self-defense when she went to someone else’s house to commit the crime? You are talking nonsense!”

This argument had really caught Sima Guang off guard. The suggestion that Ayun’s charge be reduced for voluntary surrender had already made him very upset. To come up with a case of excessive self-defense was even more outrageous, as if treating the law as a child’s game.

Emperor Zhao Xu and Wang Anshi both frowned slightly. They hadn’t expected this. They were hoping for a decisive judgment, but now another development had occurred. When would this all end?

Even though they were supportive of Xu Zun, they were also unhappy with the new doubts raised by him.

It was a bit too much.

After all, they were not prepared for any of this.

Xu Zun immediately said, “Academician Sima makes a good point. When I learned about this argument, I was also very puzzled. However, this is the appeal made by Ayun and it is a matter of life and death. After my investigation, I have found that such an appeal was not baseless. However, in accordance with the rules on ‘retrial upon a withdrawal of confession’, I had asked the superintendent of the Bureau of Prisons and Punishments of the Jingdong East Circuit to preside over this case. But when the trial was about to start, I received the imperial edict recalling me to the capital. Hence, I have brought all the people related to this case to the capital, hoping for a trial in the capital.”

The expression on Sima Guang’s face changed, and he said with a smile, “Lord Xu, your fairness and impartiality are indeed commendable. Since you have clarified that this case is a ‘retrial upon a withdrawal of confession’, it would now be against the rules to try it in the Court of Judicial Review. It can only be handled by the Ministry of Punishments or the Court of Penal Review.”

Wang Anshi was very frustrated.

He and the Emperor had summoned Xu Zun back to the capital, hoping that Xu Zun could support them in the Court of Judicial Review. If the Court of Judicial Review was not allowed to try the case, then what was the point of Xu Zun’s return?

Xu Zun said, “Academician Sima makes a good point, but the Ministry of Punishments and the Court of Penal Review have already made judgments on this case and have consistently stuck to their judgments. Therefore, I believe that even if the Ministry of Punishments or the Court of Penal Review presides over the trial, it would not be seen as fair.”

Sima Guang frowned slightly, but he couldn’t rebut this point.

As a matter of human nature, nobody would like to overturn their own judgment, essentially slapping their own face. Since the various judicial departments of the government had already made their judgments, they would undoubtedly lean towards their own previous verdict, which would indeed be unfair to the accused.

Wang Anshi immediately asked, “Then who do you think should preside over the trial, Lord Xu?”

His eyes seemed to be saying, choose me! Choose me!

Xu Zun suddenly looked at Sima Guang and said, “I think Academician Sima would be very suitable.”

Wang Anshi was stunned for a moment, a feeling of being robbed of his love suddenly sprang up from within him. Whose side are you on?!

Emperor Zhao Xu did not understand either. Out of urgency, he blurted out, “Why?”

He was still relatively young and a bit impatient.

Xu Zun replied, “Your Majesty, I seek fairness. First of all, Academician Sima is not an official from the Ministry of Punishments or the Court of Judicial Review. He did not directly participate in the previous judgment.

Secondly, since I was the one who accepted the case for appeal, having Academician Sima preside over the trial would make the result of this case persuasive.”

His words were very subtle, but everyone present was among the most intelligent minds in the empire. They understood what was going on.

Since you oppose our position, we’ll let you be the judge. And whatever the result ends up being, you would have to accept it!

However, Xu Zun underestimated the significance of the case to Emperor Zhao Xu and Wang Anshi. They couldn’t afford to lose!

Because this case had already evolved into a power struggle.

If Wang Anshi were to fail, his reforms would have to be put on hold again. And Emperor Zhao Xu obviously didn’t want to wait any longer, otherwise he wouldn’t have shamelessly summoned Xu Zun back.

In fact, everyone understood that the reason for Xu Zun’s appointment was for him to get the Court of Judicial Review to change its tune. There was discussion about this in the imperial court, with fierce criticisms almost reaching the point of rebuking the Emperor directly. But Emperor Zhao Xu withstood the pressure and insisted on summoning Xu Zun back, whether others liked it or not.

The officials from Sima Guang’s faction, seeing the Emperor and Wang Anshi’s obvious hesitation, quickly stood up to support Xu Zun’s suggestion.

At this moment, Emperor Zhao Xu and Wang Anshi regretted their initial decision.

Had they known this, they wouldn’t have summoned Xu Zun back. What sort of outcome could they expect from having Sima Guang preside over the trial?

It’s not that they thought Sima Guang would be biased or unjust. On the contrary, they highly respected Sima Guang’s character and talent, and that was precisely what worried them.

However, they were the ones who had summoned Xu Zun back. If they rejected Xu Zun’s proposal now, wouldn’t that be like slapping themselves in the face? Besides, it would look extremely unseemly. They were the ones who asked for this mess, and now they had to see it through, no matter how much it made them want to cry.

With no other choice, Emperor Zhao Xu could only ask Sima Guang, “What do you think?”

Completely disregarding the Emperor’s resentful gaze, Sima Guang immediately agreed.

This was simply like a pie falling from the sky—there was no reason not to pick it up.

With extreme reluctance, Emperor Zhao Xu ultimately adopted Xu Zun’s suggestion, allowing Sima Guang to preside over the case.

After the audience, Wang Anshi immediately pulled Xu Zun aside and asked, “What are you trying to do, Xu Zun?”[2]

I had fought for you, yet now you stab me in the back. Naturally, Wang Anshi felt extremely angry. Moreover, he was very anxious. He had been preparing for his reforms for a long time, and he could not afford to wait any longer.

Xu Zun smiled and said, “Don’t worry, Anshi. I’m doing this in order to leave them speechless. If either of us were to preside over the case, they would not accept the outcome. If this continues, when will it end?”

Wang Anshi’s expression softened slightly, but he still wasn’t at ease. He asked again, “So, you’re saying you’re certain of victory?”

Xu Zun hesitated a little before saying, “If we lose, I will also be implicated.”

Wang Anshi could only feel a profound sense of foreboding.

On the other hand, things seemed much easier for Sima Guang.

“Excessive self-defense?”

Wang Shiyuan, a judge from the Court of Penal Review, waved his large sleeves, chuckled and said, “No matter how we look at this case, it’s impossible to claim it is one of excessive self-defense.”

However, Liu Shu, an Associate Minister[3] of the Ministry of Punishment, spoke with a serious expression, “We should not take it lightly. I know Xu Zun well. Although he likes to nitpick and show off his legal knowledge, he is not one who aims without a target.”

This was not the first time Xu Zun had acted in such a way; he was a repeat offender, and very notorious within the government. Regardless of where he served as an official, he liked to nitpick and find various reasons to defend the accused. The officials of the Court of Judicial Review and the Ministry of Punishments found him very irritating.

However, Xu Zun always stayed within the law. He never used his power to change judgments or to let anyone off.

Wang Shiyuan said, “Why is Xu Zun so determined to save the convicted woman? Could they be having an affair?”

“Stop talking nonsense,” Sima Guang categorically denied such allegations. “The character of Xu Zun is well known to all. Since his wife passed away, he has not remarried. I absolutely do not believe that he would have an affair with the convicted woman.”

Although Sima Guang’s views were different from Xu Zun’s, he greatly admired Xu Zun’s character. He then said, “This case has been investigated back and forth for several months. The sequence of events is crystal clear. Previously, Xu Zun was using technicalities to confuse the situation, and his reasons were utterly unconvincing. Unless he completely overthrows the previous confessions, this case cannot be regarded as a case of excessive self-defense. But if he does that, he would be ending his own career and would be utterly ruined.”

[1] The Censorate was a branch of the imperial government which had the role of scrutinizing and criticizing the conduct of officials and even Emperors. Censors had the right to impeach upon hearsay, and did not have to have concrete evidence before impeaching officials.  

[2] The characters in the story actually refer to each other’s style names quite a bit, but I have decided to omit most style names for simplicity’s sake. IMO, the learning curve for the reader is already quite steep, with a lot of information about the legal and political system of the Song dynasty. So there is no need to add to that by including style names.

[3] This position is roughly ranked 3rd within a particular ministry. For translation purposes, the top rank in a ministry would be Minister, followed by Vice Minister, then Associate Minister.