Due to the imperfections of the administrative system in ancient China, governnt offices in regional territories were highly personalized. The image they presented, as well as the work style and efficiency of its personnel, largely depended on the chief official in charge.
Based on the foregoing series of events, it could be determined that the head of this governnt office was a diligent and strict official.
Otherwise, given Zhang Fei’s unkempt appearance and audacious attitude, he would have been driven away before he could present his complaint. No way would Liu Hai the clerk have hurried forward to receive the complaint.
One should note that governntal offices of this ti did not exist to serve the people. They existed to serve the Emperor, and rule over the people. These were completely different concepts.
The facts proved that the prefect of Dengzhou, Xu Zun, was fair, strict, and upright. Indeed, he was known for his integrity and diligence. He had originally worked at the Court of Judicial Review and was dispatched to Dengzhou as the prefect only two years ago.
Due to the chaos caused by locally entrenched military governors during the Tang Dynasty, the Northern Song Dynasty attached great importance to local governance.
Prefects, ruling over prefectures, and magistrates, ruling over counties, were both temporary positions dispatched by the central imperial governnt to regional territories. After one more year, Xu Zun would have to return to the Capital for reassignnt. This arrangent prevented the formation of complex power networks at the local level and indirectly strengthened centralization of power.
Xu Zun, who had just signed the official docunt granting Zhang San’s release, didn’t even take a short break. He was currently sitting at his desk, carefully reviewing the testimony of the Ayun case.
His chief clerk, Xu Yuan, standing beside him, wore a worried expression on his face.
Based on the facts of the case, it was a very simple case of ‘intentional murder’, which includes attempted murder.[1] The cri, followed by Ayun’s arrest and confession, didn’t even take a day. Therefore, the magistrate of Penglai County had swiftly closed the case.
However, several months have passed since.
The reason was that the case involved a loss of life, and also fell within four of the “Ten Abominations.”[2] Several of the Ten Abominations could encompass the intentional murder of close relatives, and the killing of one’s husband naturally fell within the Ten Abominations. Falling within the Ten Abominations ant that the case fell within the category of ‘heinous cris’.
According to the law, the penalty was decapitation, but such a sentence was not within the jurisdiction of Penglai County. According to the legal system of the Song Dynasty, the case had to be reviewed by the Court of Judicial Review, the Ministry of Punishnts, and the Court of Penal Review before the final sentence could be issued.
Upon reviewing the case, the Court of Judicial Review and the Ministry of Punishnt found no doubts and had approved of the magistrate’s verdict.
However, when the case reached Xu Zun’s hands, he believed that the judgnt was unfair.
This was because Ayun’s mother had passed away one year prior. This ant that Ayun was still in the mourning period. According to the laws of the Song Dynasty, during the mourning period, one was not allowed to marry.
Xu Zun, using this as a reason, presented his objections to the Court of Judicial Review and the Ministry of Punishnts.
The Court of Judicial Review initially ignored this and maintained their original judgnt.
Although there were laws regarding this matter, there were also customary rites and traditions among the people. According to customary rites, it was only that no wedding ceremony could be held during the mourning period. However, the rites of betrothal and marriage agreent could still take place. In addition, according to the law, two parties were considered husband and wife as long as the groom had paid the bride price in accordance with the marriage rites.[3]
Xu Zun raised his objections again, this ti criticizing both the Court of Judicial Review and the Ministry of Punishnts. As governnt officials, we should follow the law rather than the unwritten customs of the people. The law has clear stipulations and therefore law enforcent officials should know and abide by the law.
This ti, the Court of Judicial Review and the Ministry of Punishnts abandoned the charge of heinous cri and changed the charge to intentional murder. Since the intentional murder resulted in bodily harm, it was punishable by hanging.[4]
However, Xu Zun had only issued the official docunt for Zhang Fei’s release without endorsing the final judgnt of the Court of Judicial Review. He evidently still had doubts about it.
Chief Clerk Xu Yuan, who had worked for Xu Zun for a long ti, thought Xu Zun was going too far. He advised, “Now that the Court of Judicial Review has already compromised by reducing the charge, why not accept it?”
Xu Zun frowned and replied, “Although the Court of Judicial Review no longer ntions the Ten Abominations, they still sentenced Ayun to death for intentional murder. It is still a person’s life at stake.”
Xu Yuan frowned and said, “But there is no problem with the charge. Ayun had the intention to commit murder, even though it was unsuccessful. It falls under the category of intentional murder, and it did result in bodily harm”.
Xu Zun smiled and asked, “How did you argue when we discussed the Ten Abominations?”
After a mont of contemplation, Xu Yuan replied, “At that ti, I said that although the law doesn’t allow marriage during the mourning period, there are also customary rites that can be followed. This ans that no wedding ceremony can held, but betrothal and marriage agreents are still permissible. The Wei family had already perford the marriage rites and paid the bride price, so the two parties should be considered husband and wife. Therefore, Ayun’s intentional murder of Wei A Da constitutes the intentional murder of one’s husband, which falls within the Ten Abominations and therefore was a ‘heinous cri’.
Xu Zun said, “Yes! You said it was impossible to remove the charge of heinous cri, but now, the Court of Judicial Review has. This is not the Court of Judicial Review being lenient, but rather, they know that this verdict is not convincing. That’s why they changed it to intentional murder resulting in bodily harm. Speaking of which, if I hadn’t objected at that ti, wouldn’t it have beco a miscarriage of justice?”
Xu Yuan fell silent for a mont. Whether it was a heinous cri or an intentional murder resulting in bodily harm, they were both punishable by death. The only difference was that intentional murder of one’s husband lead to death by beheading, while intentional murder resulting in bodily harm lead to death by hanging.
Was there a big difference? Would the original sentence have been very unjust?
He estimated that the Court of Judicial Review probably didn’t want to argue with Xu Zun, especially since he had a troubleso habit of raising objections, so they compromised.
Xu Zun glanced at Xu Yuan and seeing that he still didn’t accept his perspective, he spoke earnestly, “You must rember one thing: the law can condemn people to death, but it can also give them a chance to live. However, once a life is lost, it can never be regained. That’s why when we handle cases, we must find ways to give the defendants an opportunity to survive. That way, we minimize wrongful executions.”
Xu Yuan looked at his superior helplessly. Clearly, he didn’t agree with Xu Zun’s viewpoint.
Just then, Liu Hai, the clerk who delivered written complaints, suddenly appeared at the door.
“Reporting to the prefect, soone has burst into the governnt office to lodge a complaint.”
He used the term “burst” to describe it, indicating that he was very unhappy with Zhang San. It was considered a cri to forcibly enter governntal offices, punishable by beating.
However, Xu Zun believed that if soone went so far as to “burst” into the office to lodge a complaint, it couldn’t be a minor case. He imdiately asked, “Do you have the written complaint?”
“Yes, but…”
Liu Hai hesitated slightly.
Xu Zun imdiately asked, “But what?”
Liu Hai replied, “But… but…”
Impatient with his stamring, Xu Zun said, “Present the complaint.”
“Yes.”
Liu Hai didn’t dare to say more and quickly handed over the complaint.
Xu Zun took it and as he read halfway, he couldn’t help but show a surprised expression. It turned out that soone was lodging a complaint against him! He was curious and imdiately looked at the signature. He was astonished, and said, “It’s him?”
Seeing Xu Zun’s strange expression, Xu Yuan curiously asked, “Who filed the complaint?”
Xu Zun smiled bitterly and said, “The recently released Zhang San.”
“Zhang San?”
Xu Yuan was astonished and asked, “Could there be undiscovered evidence in this case?”
Xu Zun chuckled and replied, “It’s not exactly because of this case. Well, it’s sowhat related to this case.”
Xu Yuan didn’t fully understand and asked, “Whom he is complaining against?”
Xu Zun sighed and said, “.”
“You?!”
This was truly rare. Xu Zun was even a bit excited. He had never been sued in his life.
His anticipation imdiately peaked.
Fifteen minutes later…
Zhang Fei was brought to the courtroom. There was no grand display of authority as he had expected, nor did the bailiffs line up nacingly with their pole-staffs.
Xu Zun wasn’t even wearing his official attire; he sat on the bench in his regular clothes. Besides him, there was Xu Yuan the chief clerk responsible for record-keeping, a scribe who recorded the proceedings, and two burly bailiffs.
Bang!
“Who appears before the court?” Xu Zun pounded a wooden block and shouted.
Even without wearing his official attire, his imposing manner remained undiminished.
However, Zhang Fei calmly replied, “This humble citizen, Zhang San, greets the prefect.”
Xu Zun imdiately shouted, “Bold Zhang San, how dare you make false accusations against !”
Zhang Fei answered, “The people of Dengzhou all know that the prefect is discerning, upright, and incorruptible. How could I dare to make false accusations against the prefect?”
So you’ve both praised and criticized . Then what exactly do you want to do? Xu Zun saw that Zhang San was being submissive and hesitated. He decided to ask, “Then tell how I have oppressed the people. If you speak falsely, I shall not spare you.”
Zhang Fei imdiately asked, “May I ask the prefect if it has been proven that I am innocent and truly uninvolved in the Ayun case?”
Xu Zun replied, “If that weren’t the case, how could you be standing here? We have already investigated the matter, and it is clear that you have no connection to the case.”
Zhang Fei said, “So you’re saying that I was imprisoned for three months for no reason.”
Oh, so that’s why he’s here. Xu Zun’s expression eased sowhat. He said, “Well, that’s not my fault. On that day, your words were incomprehensible, and you couldn’t even state your own na clearly. Additionally, there were witnesses who saw you hugging and embracing Ayun. Shouldn’t I have been suspicious?”
Zhang Fei nodded and said, “Given my condition at that ti, it was reasonable for the prefect to suspect . However, those were only suspicions. At that ti, there was no evidence to prove my involvent in the case, and Ayun didn’t ntion either. Based on that, I truly and unjustly endured three months in prison. Not only did it inflict ntal and physical tornt upon , but I also lost three months of livelihood. The losses for are imasurable.”
Xu Yuan the chief clerk felt that this young man was being disrespectful. He responded displeased, “We are simply acting in accordance with the law, without any negligence. Moreover, you bear so responsibility yourself. You can’t bla others.”
In fact, this involved a crucial legal concept: the presumption of guilt versus the presumption of innocence. A millennium later, the legal system would be based on the presumption of innocence. As long as there was no conclusive evidence, the accused would be considered innocent.
But during this ti, there was a presumption of guilt, and only a principle of “suspected guilt should be treated lightly.” This ans that if there were doubts, the punishnt should be lenient, rather than the defendant being given the full benefit of the doubt. Therefore, the arrest of Zhang Fei was reasonable and justified. Any sensible official would do the sa.
Because in reality, the governnt did not have the resources to support the presumption of innocence. If you did not detain the suspect, what if they flee? The Song Dynasty did not have a surveillance system. Where would you find them?
Zhang Fei nodded and said, “The chief clerk is right. But let’s assu that the prefect had intentionally wanted to harm , to make sit in prison for a few months. Would the outco and process change in any way? The answer is no. Although the prefect has no intention to oppress the people, the people still suffer as a result. I believe that this suffering is worse than intentional harm because it is not against the law and cannot be regulated.”
After hearing this, Xu Zun furrowed his brows. There was no anger on his face; instead, he began to seriously contemplate the matter. He felt that Zhang San’s words made a lot of sense. Unintentional harm could be more terrifying than intentional harm.
If there was intentional harm, there were chanisms for accountability within the court, and the people could also appeal. But if it was unintentional, it was beyond regulation, and that would be very frightening!
After a brief mont, Xu Zun suddenly asked, “So, in your opinion, what should be done?”
Zhang Fei replied, “I believe that at the very least, the governnt should provide with so compensation.”
Xu Yuan imdiately interjected, “That’s unreasonable. Do you think the governnt is a charity organization?”
Zhang Fei shook his head and said, “The governnt may not be a charity organization, but for us common people, it represents justice. I have suffered unjustly in prison for three months, with significant losses. It is reasonable for to seek compensation.”
Upon hearing this, a tinge of disappointnt flickered in Xu Zun’s eyes. This was not a solution.
How should they handle similar situations in the future? The governnt was clearly acting in accordance with the law, yet they would be constantly required to provide compensation. This was impossible!
Xu Yuan, however, beca sowhat angry. He thought Zhang Fei was being unreasonable. Just as he was about to reprimand him, Xu Zun suddenly said, “As a prefect administering the law, I have not committed any wrongdoing. Therefore, I will not provide you with any compensation. However, I understand your grievances and it is only natural for you to feel dissatisfied. Hence, I will not pursue any charges against you for presenting this complaint.”
“Thank you, Prefect, for your forgiveness.” Zhang Fei suddenly beca humble and submissive.
Xu Zun’s expression froze. The previously assertive Zhang San had suddenly backed down.
Before Xu Zun could regain his composure, Zhang Fei suddenly changed the topic, saying, “In addition, I have another appeal.”
Curious, Xu Zun asked, “What is it?”
Zhang Fei replied, “To express gratitude to Miss Ayun for saving my life.”
Xu Zun was montarily stunned but quickly understood. He asked, “Do you wish for to convey your gratitude to her?”
Of course he knew that Ayun had saved Zhang Fei’s life.
Zhang Fei shook his head and said, “I dare not trouble the Prefect. Moreover, how could re words express the depth of my gratitude?”
Xu Zun asked, “Then how do you intend to show your gratitude?”
Zhang Fei replied, “I believe that Ayun should not be convicted of intentional murder but of injury instead.”
Xu Yuan was shocked to hear this.
This was clearly murder, not just injury!
If you don’t understand the law, don’t make baseless claims!
But Xu Zun beca intrigued and asked, “What do you an by that?”
Zhang Fei continued, “During my interrogation, I learned that Ayun confessed imdiately after being apprehended by the constables, is that correct?”
Xu Zun nodded, “That is true.”
Zhang Fei said, “If I rember correctly, during the reign of Emperor Zhenzong, there were cases where prisoners claid that constables tortured them for confessions, leading to wrongful convictions. As a result, Emperor Zhenzong revoked the power of judicial interrogation from the constables, leaving them only with the power of criminal investigation.”
Xu Zun couldn’t help but look at Zhang Fei with newfound respect. He nodded and said, “You are correct. Constables do not have the power of judicial interrogation.”
This was similar to the practices in later tis, where the police conduct criminal investigations, and the court conducts judicial interrogations.
Zhang Fei continued, “Ayun confessed imdiately after being apprehended by the constables, before undergoing judicial interrogation. At that ti, it was just a regular inquiry. In other words, it can be considered as voluntary surrender.”
Voluntary surrender didn’t necessarily an that one had to go to the constable’s office and confess. In the Northern Song Dynasty, voluntarily confessing before judicial interrogation was also considered as a form of voluntary surrender. It was encouraged to reduce the burden on the governnt.
Xu Zun stroked his beard and said, “That makes sense.”
Zhang Fei imdiately added, “And in the law on voluntary surrender, there is a clause that states ‘exemption from the initial offence.'”
Both Xu Zun and Xu Yuan simultaneously uttered, “Exemption from the initial offence?”
Neither of them could recall it at that mont. Xu Yuan thought of finding a book to read up on it, but he felt embarrassed. He was the chief clerk, yet he was being educated by a recently released prisoner.
However, Xu Zun didn’t worry about such things. He imdiately ordered Liu Hai to fetch the Solemn and Detailed Code of Punishnts of the Song Dynasty, or Code of Punishnts in short, and searched for the relevant section. Indeed, there was such a provision.
However, this provision was not explicitly enurated but was included in the explanation of the law on voluntary surrender.
That was why even the chief clerk, Xu Yuan, didn’t recall this clause imdiately.
The text of the Codestated: “If a person who commits murder or injury voluntarily surrenders, they shall be exempted from the initial offence, but shall still be punished for murder or injury.” It further stated: “In cases where a person murders or injures soone in the course of theft and voluntarily surrenders, they shall be exempted from the offence of theft but shall be punished for the offense of murder or injury.”
ticulous!
Very ticulous!
Xu Zun regarded Zhang San with a new level of respect. He nodded and said, “You’re right, there is such a clause.”
Zhang Fei said, “According to this law, in cases where theft leads to injury and there is an elent of voluntary surrender, the charge of theft is dropped, and only the charge of injury is pursued.”
“That’s right!” Xu Zun nodded.
What did ‘exemption from the initial offence’ an? It was actually quite simple. For example, if you broke into soone’s house to steal but you were discovered, you might end up injuring soone. However, since your initial intent was not to injure but to steal, the ‘initial offence’ was theft. In other words, it was your theft that lead you to injure soone. In this situation, if you voluntarily surrender, the law would only hold you accountable for the charge of injury but not the charge of theft.
That was the concept of ‘exemption from the initial offence’.
If both charges of theft and injury were brought, the person would face the death penalty. However, if only the charge of injury were pursued, punishnt would be determined based on the severity of the injury, and the death penalty was generally not imposed.
This was a very reasonable law. If there were no such law, once a situation arises where the theft leads to injury, the offender would rather kill the person to cover up his cri, since he would face the death penalty regardless of whether he injures or murders the person.
But if there was a way out for the offender, it might be possible to avoid further harm to the innocent and might even incentivize the offender to obtain dical treatnt for the victim.
Zhang Fei imdiately spoke, “According to the laws of our dynasty, the cri of theft, if it leads to death, is more serious than the cri of intentional murder. From this, we can infer that this law also applies to the cri of intentional murder. Therefore, Ayun, who has voluntarily surrendered, naturally falls under this law. Here, ‘intentional murder’ is the initial offence, which then lead to injury. According to the concept of ‘exemption from the initial offence’, she should naturally be exempted from the charge of intentional murder and sentenced for the charge of injury.”
The first part of the provision stated: “If a person who commits murder or injury voluntarily surrenders, they shall be exempted from the initial offence, but shall still be punished for murder or injury.”
This was the setting out of the law.
The second half of the provision further stated: “In cases where a person murders or injures soone in the course of theft and voluntarily surrenders, they shall be exempted from the offence of theft but shall be punished for the offense of murder or injury.”
Here, the Codewas providing an explanative illustration. It did not an that ‘exemption from the initial offence’ applied only to situations of theft.
Zhang Fei’s reasoning was correct.
However, Xu Yuan was dumbfounded upon hearing this.
Can you do this?
“Nonsense!”
Xu Yuan angrily rebuked, “Your words are simply nonsense! The reason the charge of theft can be dropped is because the cri of theft is considered less severe than the cri of injury. Therefore, the charge of theft is dropped and only the charge of injury is pursued. But now you are distorting matters! The cri of intentional murder is more serious than the cri of injury. How can you exempt intentional murder and only pursue the charge of injury? Where is the justice in such a judgnt?”
Zhang Fei chuckled, “But that is what you just said.”
Xu Yuan wondered, “But I didn’t say anything.”
Zhang Fei said, “Earlier, I tried to appeal to your sense of fairness and justice, believing that I had suffered three months of imprisonnt for no reason and needed so compensation. Was asking for compensation not fair? However, you two officials insisted that the governnt was simply acting in accordance with the law, and I could only accept my misfortune since the law is prescribed in such a way.
So now, I argue based on the law. The law provides for ‘exemption from the initial offence’ and Ayun has committed intentional murder which lead to injury. So naturally, she should be exempt from the charge of intentional murder. But now, the chief clerk refutes using the concept of justice.
So, I want to ask, which should take precedence, justice or the law itself?”
Xu Yuan was montarily speechless.
These two matters seed unrelated at first glance, but after Zhang Fei’s clever argunt, they beca intertwined.
Now that everything has co to light, no one could deny that Zhang Fei had indeed been wrongly imprisoned for three months. He had no connection to the case at all, and he didn’t even know Ayun. From the perspective of justice, he deserved so compensation.
However, the governnt was also acting in accordance with the law. This was what the law prescribed, so they couldn’t be blad.
But you can’t have double standards.
So, his previous complaint against was just a setup for this case! Xu Zun suddenly realized and glanced at the embarrassed Xu Yuan, speaking up to assist, “The charges of theft and murder are separate charges, so the initial charge of theft may be exempted. But what cri does ‘intention’ fall under? If we follow your argunt, the initial offence would be a re intention to murder, such that rely thinking or wishing for soone to die would also be a cri. But our dynasty doesn’t have such a law.”
The concept of ‘exemption from the initial offence’ was an explanation for judges to determine whether two charges could run concurrently.
According to Zhang Fei’s argunt, the intention to murder and the acts of taken to carry out the murder were two separate events. The intention to murder or ‘intentional murder’ was the “initial offence”, and the acts taken to carry out the murder would constitute a separate offence, ie injury.
The problem was that the intention to murder alone was not a cri. Many people may exclaim, “I want to kill you!” in the heat of the mont, but that didn’t constitute a cri; it was just empty talk.
Intentional murder was one charge, not two, and regarded as one, entire legal event.
It was different for theft resulting in murder because theft and murder were two distinct charges, and thus regarded as two legal events.
Zhang Fei calmly stated, “Prefect, your words are mistaken. In our dynasty’s laws, there is a provision that imposes a punishnt of eighty beatings for those who attempt to enter the imperial palace but fail to make it through the door. This is a kind of cri of intention. Furthermore, if two individuals conspire together and one commits a cri while the other only had the intent without any action, they are still treated as equally guilty. This, too, is also a cri of intention. From this, it is evident that intention can indeed be treated as a cri.”
There were many examples of this. Sure, you could shout about killing soone, but if you shout about rebellion, whether or not you act upon it, you were asking for death.
Xu Yuan was dumbfounded.
This guy couldn’t even speak clearly before, but after being released from prison, he beca so articulate and sharp tongued.
After contemplating for a while, Xu Zun suddenly laughed and scolded, “You audacious commoner! Daring to spout nonsense in this courtroom! However, considering that this is your first offense, I won’t pursue it further. As for the compensation you requested, I do not grant it. Let reiterate, I am simply acting in accordance with the law and have not wronged you. You may leave now.”
“I take my leave.”
Zhang Fei imdiately bowed and turned to leave the courtroom.
Not a word more!
Extrely composed!
Xu Yuan found it sowhat incredible. Suddenly, he realized that he was the outsider in this situation. He quickly turned to Xu Zun and said, “Prefect, this argunt is simply unacceptable!”
Zhang Fei had presented them with two options: compensation or exempting Ayun from the charge of intentional murder.
Of course, they could choose neither option and choose to give Zhang Fei a beating instead.
However, Xu Zun emphasized that he wouldn’t provide compensation to Zhang Fei but at the sa ti readily let Zhang Fei go. It was evident that he intended to use his argunt to exempt Ayun from the charge of intentional murder.
Xu Zun smiled and said, “Since soone has raised doubts, we must fight for the offender. It depends on whether the Court of Judicial Review can find a reasonable explanation that is persuasive.”
Although the argunt may sound difficult to accept, Zhang Fei’s reasoning was clear, and his logic was correct. He was not making baseless claims. Since such a provision exists in the law, if you want to deny its application, you must provide a reasonable and persuasive explanation.
Saying this, Xu Zun looked outside the door and chuckled, “This kid is quite bold.”
His words were filled with appreciation.
However, what he didn’t know was that Zhang Fei wasn’t bold at all. He acted this way because Xu Zun himself had a significant historical reputation.
And the reason for his fa was the Ayun case.
This case not only involved the well-known reforms of Wang Anshi, but it also involved the struggle between two legal ideologies. In future legal research, it would hold great value.
Zhang Fei had studied it thoroughly and was well aware of it.
If it were any other official, even one fad for being fair and just, Zhang Fei wouldn’t dare to act so recklessly.
This was simply distorting right and wrong, deceiving the public with cunning words!
It was precisely because Zhang Fei knew from history that Xu Zun himself had used the ‘exemption from the initial offence’ to help Ayun escape the death penalty. But it was also precisely because of his defense that the case attracted greater and greater attention, ultimately getting the Emperor, Wang Anshi, Sima Guang, and others involve. Thus, the case remained unresolved for nearly two decades, becoming one of history’s most interesting cases.
Only that Xu Zun hadn’t thought of this point yet, and Zhang Fei was just telling him what he would have thought of himself in the future.
So of course, Zhang Fei was fearless. Because his argunt was what Xu Zun was trying to think of. The two were in perfect harmony. How could Xu Zun possibly bla him? If anything, he couldn’t thank him enough.
“Zhang San! Zhang San!”
Just as Zhang Fei had left the governnt office, he suddenly heard soone calling him from behind. Turning around, he saw a young man dressed as a servant running towards him.
The servant caught up with Zhang Fei, took off the bundle he was carrying on his shoulder, and handed it to Zhang Fei, explaining, “My master knows that you just got out of jail and don’t have any money with you. He sent here to lend you so money and clothes temporarily. After you find your relatives, you can return them.”
Zhang Fei was first stunned, then imdiately laughed. He didn’t ask who the master was, and took the bundle. The bundle was heavy, and he almost couldn’t hold it securely. He said, “Please tell your master that I will definitely repay this kindness in the future.”
The servant nodded and then turned to leave.
Looking at the bundle in his hand, Zhang Fei smiled, muttering to himself, “It seems that the historical records are not wrong at all. Xu Zun is indeed unyielding in law enforcent yet compassionate at heart!”
Upon saying this, he paused slightly, frowning and thinking, “Using the concept of ‘exemption from the initial offence’ to reduce Ayun’s death sentence would not be persuasive. This is not enough for to repay her for saving my life. I must save her.”
[1] The Chinese character 谋(mou) here encompasses a wide range of aning including intent, preditation, plotting, planning or attempt. So the charge of ‘intentional murder’ here also includes what we would call attempted murder in English, and you may want to think of it as “plotting” or “planning” murder as well. Even in today’s law, the line between intention, planning and attempt is sotis not easily drawn.
[2] Read more about the Ten Abominations here. The four of the Ten Abominations implicated in a situation where a wife kills her husband are: evil disobedience, lack of filial piety, improper behavior, and unrighteous behavior.
[3] Marriage rites in ancient China did not simply refer to the wedding ceremony. There was a complex series of rites where the two families negotiated a betrothal agreent and the groom’s family paid a bride price.
[4] Death by hanging was seen as a lighter punishnt than death by decapitation in ancient China. This was due to the belief that when people died, they would “take their body with them” to the afterlife. If you were decapitated, you would spend the rest of your afterlife without a head, but if you were hanged, you would still have a “full body” in the afterlife.
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