Judge of the Song Dynasty Chapter 7: Retrial upon a Withdrawal of Confession

This was not only Zhang Fei’s first lawsuit in the Northern Song Dynasty, but also the first lawsuit in his life.

He and the courtroom were strangers. His ti as a junior lawyer was mostly spent running errands and calculating properties and assets.

But this inadvertently provided him with an advantage.

Because he hadn’t yet adopted a fixed mindset for procedural justice.

While studying ancient laws, he understood that the ancient legal system pursued substantive justice, not procedural justice.

What is substantive justice?

Simply put, it ans that good people are rewarded, and bad people are punished.

Therefore, in the courtroom, he spent more effort depicting Fang Datian as a villain while playing up sympathy for Wei Ada, instead of looking for loopholes in the legal process.

Judging from the reaction of the onlooking crowd, it was clear that he was very successful.

Future judges could pass judgnts that result in public outcry.

However, today’s officials, especially those upright ones, would not do so. Because substantive justice was more important to them.

Of course, everything must still be based on the law, it’s just that the focus of the lawsuit would be different.

“Thank you, Brother Zhang San, thank you, Brother Zhang San!”

“Brother Zhang San, we brothers will always rember your great kindness. If you ever need help in the future, we will not hesitate to assist you.”

As they left the prefectural office, the Wei brothers tearfully thanked Zhang Fei for winning justice for them.

Zhang Fei asked solemnly, “Do you really an that?”

The Wei brothers were initially taken aback. Wei A’er suddenly slapped his chest and said, “Brother Zhang San, just tell us what you need us to do.”

Zhang Fei hesitated slightly and said, “Actually, it’s not a big deal, but I need you two to appear as witnesses for again. I have another lawsuit to fight.”

Wei A’er asked, “What lawsuit?”

“Ayun’s lawsuit.”

Zhang Fei said, “As I told you, Ayun saved my life and I must repay her.”

Wei A’er couldn’t help but look at his elder brother. This made him a little conflicted. After all, that woman was also an enemy!

Wei Ada was stunned for a while, then silently nodded, agreeing to it.

After the court session just now, he didn’t hold much resentnt towards Ayun anymore.

Just then, Liu Hai suddenly ca over and said, “Zhang San, our prefect wants to see you.”

Zhang Fei smiled and said, “What a coincidence, I also have sothing to discuss with the prefect.”

He turned to the Wei brothers and said, “You go back to the inn first. After I return, we’ll talk in detail.”

Having said that, he returned to the prefectural office with Liu Hai.

“I, Zhang San, pay my respect to the prefect.”

“Zhang San, do you know why I called you here?” Xu Zun asked expressionlessly.

Zhang Fei pondered for a mont, glanced at Xu Zun, and shook his head, “I do not know.”

Xu Zun huffed, “Have you forgotten about the money you owe ?”

Debt collection? Wow, aren’t you being a bit too stingy? Zhang Fei lost his previous gusto and awkwardly said, “Yes, I owe the prefect two strings of coin. But… but I have no money now, so I beg for leniency from the prefect.”

“No money.”

Xu Zun scrutinized Zhang Fei and said, “You won eight acres of land for the Wei brothers, didn’t you ask for paynt?”

Zhang Fei blinked, “Wha…what? You can get paynt for doing good deeds?”

Xu Yuan from the side couldn’t stand it anymore and said, “You’re playing dumb here. The compensation calculation you made just now was impressive. I’ve been adjudicating cases for many years and have never seen such detailed accounts. How could you not know about asking for paynt?”

Zhang Fei said, “I was only seeking fair compensation for the Wei brothers, and did not ask them for a single penny as paynt.”

Xu Zun asked, “For real?”

Zhang Fei replied, “How would I dare lie to the prefect? And I definitely wouldn’t dare not paying my debt to the prefect. If I had money, how would I dare not repay the debt?”

After scrutinizing him, Xu Zun nodded, “Alright! I’ll give you a more ti to repay the debt.”

“Thank you, prefect.”

Zhang Fei bowed and suddenly said, “By the way, I have a complaint docunt to present to the prefect.”

At these words, Xu Yuan, Liu Hai, and others were imdiately taken aback.

Does your family sell complaint docunts wholesale?

Only Xu Zun was not surprised, but he furrowed his brows, feigning dissatisfaction, “Is there no end to your complaints?”

Zhang Fei explained, “It’s not a new case, but about the case of Ayun’s intentional murder.”

Xu Zun uttered, “Is it about ‘exemption from the initial offense’ again?”

Zhang Fei hurriedly shook his head, “No, it’s just that based on the case of Fang Datian’s causing injury, I believe there is enough reason to re-examine Ayun’s motives and whether she truly intended to harm anyone. If she had no intention of harming anyone, then naturally she had no intention to murder.”

Xu Zun was secretly pleased.

Xu Yuan also understood and imdiately objected, “Even if Ayun was forced by circumstances, her intentional murder is indisputable.”

Zhang Fei imdiately said, “But I believe that Ayun did not actually intend to murder. Her act of harming Wei Ada was actually well-intentioned, she just used the wrong thod. And there is a new witness in this case.”

“A new witness?” Xu Yuan asked, “What witness?”

There were very few people involved in this case, how could there be new witnesses.

Zhang Fei answered, “It is the victim of this case, Wei Ada.”

“Wei Ada?” Xu Yuan was taken aback, “Are you saying that Wei Ada is going to testify for Ayun?”

“Yes.”

Xu Yuan and Xu Zun looked at each other.

If Wei Ada was going to testify for Ayun, then he was definitely a new witness.

But that’s outrageous!

Zhang Fei said, “Since Wei Ada will provide new testimony, I believe that Ayun at most can only be judged as having committed the offense of excessive self-defense.”

“Excessive self-defense?”

Xu Yuan thought that Zhang San had gone mad. His previous ‘exemption from the initial offense’ argunt was sowhat reasonable, but it was just exploiting a loophole in the law. So he suspected that the Court of Judicial Review and Ministry of Punishnts would never agree.

Now he wants to make a defense of excessive self-defense.

How is that possible?

Self-defense to the point of going to soone else’s house to kill?

That’s just unreasonable.

Faced with Xu Yuan’s confusion, Zhang Fei seriously said, “Yes, Ayun is innocent. She is also one of the victims. The governnt should restore justice to her.”

Xu Zun was secretly pleased in his heart, but he said, “First present your complaint docunt.”

“Yes.”

Xu Yuan knew what Xu Zun was thinking, and he even suspected that the two had been colluding for a long ti. However, he did not agree with Xu Zun’s entanglent with the case. But if Wei Ada beca a new witness, there would be enough reason to overturn the case. Suddenly, he had an idea, “Hold on! Prefect, this would be the rehearing of a case. Even if you accept this case for examination, you should avoid conflicts of interest and select another official to preside over the rehearing of the case.”

Hearing this, Xu Zun’s brows furrowed.

The Song Dynasty had explicit regulations on rehearing a case, known as “retrial upon a withdrawal of confession”.

Simply put, if an offender wanted to overturn his confession or was dissatisfied with the verdict, and the case was sufficiently serious, then new officials must preside over the retrial of the case.

This case was of great importance and was definitely serious.

Although Xu Zun was dissatisfied with the verdict of the Court of Judicial Review, his objections were essentially internal correspondence within the judicial system. But if Zhang Fei formally appealed, it would definitely fall under the category of “retrial upon a withdrawal of confession”.

Actually, Xu Yuan said this to protect Xu Zun because Xu Zun was only on temporary assignnt to Dengzhou from the Capital. Before long, he would have to return to the Capital, and it was not worth jeopardizing his future for this case.

“Change the presiding judge?”

Zhang Fei was startled.

In ancient trials, the judge was key while and the law was secondary. The reason why he behaved so assertively was entirely because of Xu Zun’s indulgence.

If soone else was in charge, he would probably be beaten with a staff before the trial even began.

Anyone who filed a lawsuit at every turn would definitely be seen as an unruly troublemaker.

Xu Zun glanced at Zhang Fei and nodded, “Yes, according to our dynasty’s regulations, if you want to overturn a case, a different official must preside. Do you still want to file a lawsuit?”

There was a hint of challenge in his eyes.

Having co this far, it would be impossible not to proceed. Zhang Fei smiled and said, “My actions are open and honest, I have no fear. However, I have one request.”

Xu Zun asked, “What is your request?”

Zhang Fei replied, “I ask for an open trial, just like today.”

Xu Zun pondered for a while and said, “You can go now.”

“I’ll take my leave.”

After Zhang Fei left, Xu Zun took another careful look at the lawsuit. Suddenly he said, “Liu Hai.”

“What can I do for you, Prefect?” Liu Hai hurriedly stood up.

Xu Zun said, “Please go invite superintendent Cao to co to prefectural office.”

Liu Hai reluctantly nodded, “Yes, I’ll go and invite him right away.”

The Dengzhou prefectural office was already the highest administrative and judicial unit at the prefectural level, and it was not possible to transfer the case down to the county level. Therefore, it could only be transferred to the Bureau of Prison and Punishnts.

The duties of the Bureau of Prison and Punishnts included managing prisons. It also had the authority to supervise and review cases. If the Bureau of Prison and Punishnts thought the decision of the prefect or magistrate were inappropriate, it could review the case again. Moreover, the Bureau of Prison and Punishnts was a departnt that reported directly to the emperor.

Coincidentally, Cao Yan, the Bureau of Prison and Punishnts superintendent in charge of the Jingdong East circuit, was on patrol in Dengzhou recently.[1]

After half a month, Cao Yan was finally invited. When he heard that he was going to rehear Ayun’s case, the delicious food on the table suddenly lost its flavor. He put down his chopsticks and couldn’t help but wonder, “Prefect Xu, the evidence in this case is conclusive, and Ayun has also admitted her guilt. What else can be disputed?”

Xu Zun imdiately handed the verdict of Fang Datian’s injury case to Cao Yan, saying, “This case was judged by a few days ago. Please review it, Superintendent Cao.”

After Cao Yan had read it, Xu Zun asked, “Do you think my decision was fair?”

Cao Yan nodded slightly, “Indeed. During the mourning period, one cannot marry. It is against filial piety and also not permitted by law. Fang Datian’s actions indeed deserve punishnt, but is the claim for compensation too much?”

Xu Zun chuckled and said, “To be honest with you, I also thought that the claim was excessive, but… but Wei Ada’s reasons for the claim left with no room to refute!”

Having said that, he had Liu Hai hand over the innovative compensation docunt to Cao Yan.

After reading it, Cao Yan had nothing to say. He did not think that he could write such a reasonable and well-founded claim himself. He asked, “Who wrote this?”

Xu Zun honestly inford, “It was written by a pen-in-cap nad Zhang San. And it is this person who wants to overturn Ayun’s case.”

“Oh?”

Cao Yan asked again, “What is his relationship with Ayun?”

Xu Zun laughed, “Superintendent Cao, don’t you rember? After she attacked the victim, Ayun saved a drowning person.”

Cao Yan suddenly rembered. The Ayun case had naturally passed through the hands of the Bureau of Prison and Punishnts. He said, “I rember, the person Ayun saved was called Zhang San.”

Xu Zun said, “Zhang San wants to overturn the case for Ah Yun, mostly because of gratitude.”

Cao Yan slightly nodded, “The heart of gratitude is worth encouraging. But the law is unshakable and is not the basis for repaying beneficence.”

Xu Zun nodded and said, “But when we judged Ayun’s case before, it may be that we ignored the responsibility of Fang Datian. Now after reviewing this other case, it has been found that Fang Datian was responsible for this tragedy. Zhang San believes that this case is enough for the governnt to re-examine whether Ah Yun had a motive to murder. And Zhang San also said that there is a new witness who can prove that Ayun definitely had no intention to murder.”

Cao Yan asked, “Who is the witness?”

Xu Zun said, “It’s the victim, Wei Ada.”

This was the key to overturning the case.

Cao Yan frowned and said, “Could Zhang San have gotten compensation for Wei Ada to induce Wei Ada into changing his testimony? That way he could repaying Ayun for saving his life.”

Xu Zun said, “What you suggest is possible, but I believe Zhang San would not commit such a foolish act.”

Wei Ada was the victim and the most important witness in this case. If he testified for Ayun, it could be grounds for overturning the case.

Cao Yan suddenly glanced at Xu Zun, “I heard that Prefect Xu is not satisfied with the Court of Judicial Review’s judgnt on this case?”

Xu Zun tactfully replied, “The Court of Judicial Review has overlooked so details, which I have supplented.”

Cao Yan continued, “If after my judgnt, Prefect Xu still disagrees, wouldn’t this be a waste of effort?”

Xu Zun was not an ordinary prefect. He was an official of the Court of Judicial Review who was on temporary assignnt. Simply put, the imperial governnt thought well of him, and sent him to be a prefect for further experience. His future was boundless.

The judgnt of the Bureau of Prisons and Punishnts would still be subject to the review of the Court of Judicial Review. When the Court of Judicial Review reviewed the case from the Bureau of Prison and Punishnts, Xu Zun could make objections again. So Cao Yan thought that him hearing the case could be a waste of his effort.

Xu Zun hesitated for a mont, then said, “The reason I disagreed with the judgnt of the Court of Judicial Review is because their verdict contains errors. If were a fair judgnt, why would I disagree?”

Cao Yan nodded and said, “Alright, I will take on this case.”

For him, there was no doubt about this case. Even if it was not one of the Ten Abominations, it was still a cri of intentional murder. It couldn’t possibly be argued as excessive self-defense. This was all due to Xu Zun’s sympathy. Since Xu Zun wanted to raise a fuss over the case, everyone else had no choice but to go along for the ride. Rehearing the case might well cause Xu Zun to give up.

[1] This map shows the different circuits of the Northern Song Dynasty. Jingdong East circuit is referred to as “Jingdongdong”, and Dengzhou (Deng) is shown to be part of this circuit. Bianjing, also known as Kaifeng, is the capital.