This ti, it wasn’t that Xu Zhiqian had underestimated Zhang Fei. Instead, it was Xu Zun who had overestimated Zhang Fei.
Back in his room, Zhang Fei was tossing and turning! He felt the pain of being a penniless man.
The matter was not about ability, but about connections.
And undoubtedly, this was absolutely Zhang Fei’s greatest weakness.
Here, he had no relatives or friends. The only connection he had was with Xu Zun. He stayed at the Xu manor because of that connection. Otherwise, he would be killed within minutes.
If it hadn’t been for Xu Zun’s support, he would never have succeeded in appealing for Fang Yun.
After tossing and turning on his bed for a while, he kept sighing, “It seems that that woman hasn’t forgotten about that day. I shall have to move out sooner rather than later. It’s really uncomfortable living under soone else’s roof.”
As he thought to himself, he beca troubled again, “If I want to move out, I need so financial ans. But if I can’t get the license, then I can’t help people in court, and I will have no livelihood. The housing prices in Bianjing are so high, how can I move out? Wow, is this so kind of vicious cycle? Wait, no license ans I can’t fight in court?”
At this point, he suddenly sat up, pondered for a long ti, and then suddenly raised his hands to anxiously rub his cheeks, “Zhang Fei, oh Zhang Fei, don’t be impulsive, absolutely don’t be impulsive, this might cost your life.”
After saying this, he put down his hands again and said, very troubled, “But without money, what’s the use of life? Maybe I should ask the Benefactor again. No, that would be too humiliating, and I would be laughed at by that woman. I can’t bear that. It’s better to rely on yourself than others. I should give it a try, I don’t believe anyone would bother going up against . After all, I have nothing but my life.”
The next day.
Kaifeng Prefectural Office.[1]
“Prefect Lu, all pen-in-caps in Kaifeng Prefecture are recorded here.”
Huang Gui, the Chief Clerk of the Kaifeng Prefectural, handed a book to Lu Gongzhu.
“Hmm.”
Lu Gongzhu took the book and began to read through it.
Huang Gui whispered, “Are you checking on the pen-in-caps today because of the lawsuit a few days ago?”
Lu Gongzhu nodded and said, “Since ancient tis, all dynasties have prohibited litigation and lawsuits, but our dynasty does not. Firstly, our dynasty does not restrict land consolidation, so there are more disputes amongst the people. Secondly, since the Founding Emperor, we have paid great attention to civil cases. Thirdly, so upright notaries can indeed help alleviate the burden of the governnt.
However, it seems now that the practices of our predecessors were not entirely unreasonable! This litigious trend should indeed be regulated. From now on, in Kaifeng Prefecture, anyone who cos to apply for a litigation license must get my approval.”
He also understood that Sima Guang had not lost when it ca to the law but had lost when it ca to politics. Moreover, he was extrely against the use of excessive self-defense in that case, and he felt the need to take preventive asures.
“Yes, I’ll rember that.”
While they were speaking, there suddenly ca a drum beat from the gate.
Lu Gongzhu’s face tightened, he asked, “Who is beating the grievance drum?”
As shown in TV dramas,[2] there really was a drum in front of the Kaifeng Prefecture. But it was not to be beaten lightly. It was reserved for extre cases of injustice, and often wouldn’t be struck for months.
Once the drum sounded, everyone in the Kaifeng Prefectural Office was on the move.
Lu Gongzhu, like Xu Zun, was an upright and honest official.
Naturally, his subordinates did not dare to be negligent.
“Prefect Lu, soone just beat the drum outside to surrender himself.”
“Surrendering himself by beating the drum?”
Lu Gongzhu was taken aback. The drum had never been beaten for a surrender before. He asked, “What cri has he committed?”
“Deceiving the Emperor!”
When this charge was read out, the lips of the clerk who reported were trembling.
He had never encountered such a situation, so he didn’t know whether to accept it or not.
“What?”
Lu Gongzhu was also startled and stood up, saying, “Deceiving the Emperor?”
Huang Gui felt that sothing was wrong and asked, “Could this be the work of a madman?”
“The person doesn’t look…like a madman,” the reporting clerk said.
“But it’s impossible for ordinary people to commit such a serious offense.” Huang Gui questioned.
Could it be a court official? Lu Gongzhu hurriedly asked, “Did you ask his na?”
The clerk replied, “I asked. He said his na was Zhang Fei.”
“Is it him?”
Lu Gongzhu was shocked again, but he still found it hard to believe, so he ordered the man to be brought into the main hall imdiately.
“This commoner Zhang Fei greets Prefect Lu.”
Upon seeing that it was indeed the Zhang Fei he knew of, Lu Gongzhu beca cautious. This young man was known for his tricks. He asked, “I heard you have co to surrender yourself, is that true?”
“Yes.”
“What offense have you committed?”
“I have committed the offense of Deceiving the Emperor,” Zhang Fei said emotionlessly.
Has this kid gone mad? Lu Gongzhu was stupefied. It didn’t make sense. He patiently asked, “How did you commit the cri of deceiving the Emperor?”
It must be said that this was a cri most people wouldn’t even have the opportunity to commit.
Zhang Fei said, “Actually, I am an unlicensed pen-in-cap without a license.”
Lu Gongzhu didn’t imdiately understand. He asked, “What do you an by an unlicensed pen-in-cap?”
Zhang Fei said, “That is… I don’t have an official litigation license from the governnt.”
Lu Gongzhu beca even more confused when he heard this and asked, “What does this have to do with the cri of deceiving the Emperor?”
Zhang Fei said, “According to the regulations of the governnt, a pen-in-cap cannot represent others in court without an official litigation license from the governnt. But a few days ago, I took part in a lawsuit at the Court of Penal Review as a pen-in-cap and appeared to court to defend soone. I’ve heard that the Emperor himself was the one who ordered the hearing, but according to the rules, I was not eligible to appear before the court. Therefore, I have committed the cri of deceiving the Emperor.”
The argunt made sense.
The purpose of this regulation was to limit pen-in-caps, so as to prevent an excessive amount of litigation. The litigation license was essentially a lawyer’s license—without it, one did not have the privilege of representing others in court.
However, the implentation of this regulation varied from place to place. In Bianjing, the capital, the rule was more strictly enforced and a litigation license was required to appear in court. After all, this was the capital. If not strictly controlled, the drum outside the Kaifeng Prefectural Office would have to be replaced every month due to excessive usage.
But in local regions or districts, those who were not in possession of an official license could still appear in court, so long as the presiding official deed it necessary. These pen-in-caps were the earliest litigators. Initially, there wasn’t even a clear a rule, creating a gray area. Officials always loved a gray area, as it gives them room for discretion and maneuvering.
Additionally, Zhang Fei was one of the witnesses of the case, so it was a special situation. Even Xu Zun, a man who greatly respected the law, did not consider it a violation.
But speaking of which, there indeed was such a regulation in the books.
Moreover, the second trial was not in Dengzhou, but in Bianjing.
Not to ntion that the offense of Eeceiving the Emperor was a kind of “catch-all” or omnibus offense, where almost anything could be considered a violation. The key here was that the rehearing had been directly instigated by the Emperor. If one insisted on calling it a cri of deceiving the Emperor, it was not completely groundless.
Lu Gongzhu didn’t know how to refute him at the mont, so he asked, “Do you know the consequences of this cri?”
Zhang Fei replied, “Not specifically, but the lightest penalty is decapitation.”
Lu Gongzhu was almost amused by this young man, saying, “Since you know, why do you still co forward? As far as I know, no one is investigating this matter.”
Zhang Fei sighed with his eyes closed, saying, “It’s hard to do what’s right. I pleaded for Fang Yun to repay her for saving my life. But my loyalty to the Emperor is also heartfelt and sincere. Therefore, I co here to admit guilt, hoping to balance the two.”
After listening to him, Lu Gongzhu didn’t know whether to praise him for his loyalty or to scold him for his foolishness. Although he didn’t agree with what Zhang Fei had said in the Court of Penal Review that day, he didn’t think raising the matter was necessary, nor did he think that Zhang Fei had committed the cri of deceiving the Emperor. However, since things have co to this, he could not pretend that nothing has happened. The charge was a very sensitive matter and a catch-all cri. If he ignored it, he might be accused of it himself. So he said, “If you hadn’t turned yourself in, no one would have investigated this. But now that you’ve turned yourself in, the severity of the charge is such that I dare not conceal it…”
Before he could finish his sentence, Zhang Fei bowed and said, “I hope for the law to be upheld.”
Lu Gongzhu sighed and waved his hand, saying, “Take him away.”
There was no need for an investigation, because he was also involved in the case, and he knew all too well that no one actually cared about these things.
The case had already been heard by the Court of Penal Review, a feat no litigator had ever accomplished. Who cared whether Zhang Fei had an official license or not.
But if Zhang Fei insisted on saying so, then it was indeed the cri of deceiving the Emperor!
The key point was that who would dare conceal this cri?
And on further thought, since it’s the offense of deceiving the Emperor, it had to be reported to the Emperor himself, because the Emperor was the victim and the party involved!
Lu Gongzhu imdiately reported it.
Although the case of Ayun was an ordinary criminal case, it was of great political significance, and Zhang Fei was a key figure in it. Lu Gongzhu did not dare to take it lightly.
[1] The capital is called both Bianjing and Kaifeng. The Kaifeng Prefectural Office is essentially the Capital Prefectural Office, with the Capital Prefect essentially functioning as a mayor for the capital. The office is in charge of the day-to-day managent of affairs in the capital.
[2] This video shows the banging of the drums in TV dramas (at 0:47).
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