It was 1068, Year 1 of the Xining era. Emperor Zhao Xu had recently ascended the throne of the Song dynasty. The widely respected old-guard of civil officials, Ouyang Xiu, Han Qi, and Fu Bi, were i...
In fact, in the past, many court ministers had secretly sent people to hire Erbi in order to fight against Zhang Fei, but they were only to deal with Zhang Fei, nothing more. Even if they lost, it would not do any harm to them, at most they would just spend some money.
But this time is different. This time it is not to deal with Zhang Fei, but to save his life. Once the crime of treason is convicted, the consequences will be unimaginable and many people will be implicated.
Now everyone knows that they cannot stop the lawsuit in the imperial court, so they hurried to hire Erbi. Now everyone knows that if they don't hire Erbi, it will almost be a dead end.
So, I was forced to this point.
Li Guozhong was really helpless about this. He really didn't want to fight this lawsuit because it involved the crime of treason, the worst of the ten evils.
This has never happened before. It is a very simple logical relationship. If you help a person who is plotting treason to fight a lawsuit, once the crime of treason is determined, the emperor will definitely think, what do you mean by helping those who want to overthrow my rule to fight a lawsuit?
If I don't kill you, who should I kill?
But there was no way. Those meritorious families and wealthy gentry in Qizhou were also very powerful in the capital, and this matter was closely related to the entire ruling class. If Li Guozhong did not take it, his bookstore might not be able to continue operating.
Li Guozhong had no other choice, so he came to Zhang Fei for help.
But he was also a little stupid. The Procuratorate was not neutral but extremely biased. In fact, it was similar to a lawyer. The difference was that there was only one boss behind the Procuratorate, and that was the imperial court. No matter how Zhang Fei answered, it would be against the rules, so he could only blame the imperial court.
...
...
After leaving the procuratorate, Li Guozhong went to the imperial court to inquire again. He was very humble and said, "We are just asking around. If it doesn't work, just pretend I never said anything."
Zhao Yan refused directly.
Very neat!
But the news soon spread and caused a lot of discussion.
This issue is indeed worth exploring, as there is indeed a blank in the judicial system.
"Jun Shi, can you defend someone who is plotting rebellion?"
Lu Gong looked at Sima Guang curiously.
Sima Guang pondered and said, "As far as the public security, procuratorial and judicial systems are concerned, it should be feasible, because before the imperial court's judgment, those people were innocent, so they could naturally hire Erbi to fight for themselves. What everyone is arguing about now is actually after the verdict. So, is Erbi considered an accomplice?"
Lü Gong frowned and said, "This Erbi makes a living by helping people with lawsuits. He can't be considered an accomplice, right?"
Sima Guang said: "If it is not a crime of treason, then you can say so, but this is a crime of treason, so even Prime Minister Zhao directly rejected Li Guozhong and others."
Lu Gongzhu nodded slightly and said, "But even we are worried about this case. Li Guozhong is just a tea maker, how dare he come to ask questions? It shows that there must be someone supporting him behind the scenes, and their power is not small. These people are definitely not willing to give up. They may use this as an excuse to impeach Prime Minister Zhao."
Fu Bi suddenly laughed and said, "Maybe this is what Zhao Yuedao wants."
Wen Yanbo nodded and said, "Mr. Fu is right. Although Zhao Yudao is known as the Iron-faced Censor, he is actually a man of courage and wisdom. Otherwise, with his character, he would not have stayed in the court for so long. He refused, but he knew very well that the other party would definitely not give up."
At this point, he paused for a moment and continued, "In my opinion, the court will eventually compromise, but this will also lead to a bad consequence. If Erbi can fight for people who plot treason, it means that Erbi can fight for anyone and they will all be protected.
We have to think carefully about this. During the period from Su Zhe's departure from the capital to Zhang Fei's return, the procuratorate has not done much. It is not certain that we will be able to win the battle with those people. If we cannot win the lawsuit, we can only watch those heinous people go unpunished."
In fact, until now, these officials still do not have a good impression of Erbi and are always on guard against it.
Sima Guang nodded and said, "If this happens, it will be bad for the reputation of the public security, procuratorial and judicial organs to oppose it."
Lu Gong said: "How about this, stipulate that whenever it comes to the Ten Evils, Erbi can only seek a reduction in sentence, but not seek innocence."
Fu Bi laughed and said, "Uncle Hui, what if he is really innocent?"
Lu Gong said: "If he is truly innocent, the procuratorate will not appeal, and even if they do, the imperial court will not approve it."
Fu Bi said: "If this is the case, what is the difference between the public security, procuratorial and judicial systems and the previous judicial system?"
Wen Yanbo asked: "In fact, the Legislative Council can enact laws specifically targeting Erbi to restrain them. In this way, they will not dare to act recklessly."
"That's feasible." Fu Bi nodded slightly and said, "But it's not easy, because first of all, we have to ensure that Erbi can help the government avoid wrongful convictions. On this basis, it is difficult to impose too many restrictions."
Then he looked at Sima Guang and said, "Jun Shi, didn't you talk to Zhang San about this?"
Sima Guang shook his head and said, "You can't ask Zhang San about this, especially now."
Fu Bi nodded and said, "That's true."
Fu Bi, Wen Yanbo and others were absolutely right. On this issue, Zhao Yan and Zhang Fei actually held similar positions. As far as this case was concerned, they could accept it whether Erbi was asked to do something or not. However, this issue was somewhat sensitive, and there was no need for them to get involved. Naturally, someone would speak up, and they were not the ones who were anxious now.
As expected, after the Imperial Court refused, the court immediately made a fuss and began to put pressure on the public security, procuratorate and courts. You all talk about the system and justice, so on what grounds did the Imperial Court reject their request for Erbi to defend them? Can you, the Imperial Court, guarantee that there are no innocent people among these defendants?
He also took Zhang Fei as an example. The initial case of Fang Yun was also one of the ten heinous crimes. In addition, Zhang Fei later sued the court based on the ancestral law. At that time, Zhang Fei was also a low-ranking official. Now that you are the prosecutor, do you have to change the rules?
This is not fair.
This matter was actually brought to the attention of the emperor. No one dared to make the decision without the emperor's approval.
In the end, it was Zhao Xu who secretly instructed the Political Affairs Hall to allow them to ask Erbi to defend them in the name of the Political Affairs Hall.
But Zhao Xu himself did not say this, which means he was leaving himself a way out. I may not allow it next time.
After much trouble, they finally decided to go back to the fairest way, which is to go to court.
As long as you go to court, you have to put your skills to the test.
This case also attracted national attention.
This was the first time that the public security, procuratorial and judicial organs faced a case of treason.
This was also the first time that such a case was tried in public.
It was the first time that Zhang Fei faced Er Bi from the capital as a prosecutor. In the last adultery case, Zhang Fei had to perform a one-man show.
It was precisely because of so many firsts that both parties were very nervous. Li Guozhong and his team had never fought such a lawsuit before. Fortunately, the forces behind them were very powerful. Not only did they invite famous Erbi and tea snack masters from the capital, but they also provided them with many related cases.
The procuratorate is also actively exploring countermeasures.
"I heard that they have invited the most famous tea chefs and Erbi in the capital, and there are also many judicial officials in the court giving them advice. This is really something that should not be underestimated!"
Wang Gong was very worried.
Qi Ji said: "If we really let them get away with it, then our procuratorate will become a joke."
Zhang Fei shook his head and said, "Don't worry, they won't plead not guilty because they know the tax commissioner has some evidence. I think they will defend the charge of treason. As long as it's not treason, they will be able to accept it."
Xu Zun stroked his beard and said, "But this is easier said than done. According to the laws of our dynasty, the crime of treason is also included in the law of robbery. There is no clear distinction between the two. If we want to accuse Wu Tian of treason, he will not be able to escape."
Qi Ji said: "And the punishment for treason is very severe, including the assistants, basically they may be sentenced to death."
Zhang Fei couldn't help but ask: "If that's the case, why are there so many bandits in Qizhou?"
Qi Ji and Wang Gong remained silent.
Xu Zun said: "Since ancient times, thieves and robbers have been rampant because of the people's difficult livelihoods, but the court tried to alleviate this phenomenon with heavy penalties, which led to more thieves and robbers. However, in recent years, under the promotion of Wang Jiefu and the Legislative Council, the court's strategy has gradually changed from heavy penalties to cautious penalties."
Qi Ji hurriedly said: "The Attorney General also contributed to this."
Xu Zun just waved his hand modestly.
Wang Anshi, Xu Zun, and Lu Gong were all advocates of cautious punishment, while Sima Guang, on the other hand, could not be completely classified as an advocate of severe punishment. He was more of a traditionalist, a very typical Confucianist and relatively conservative. The rules set by ancestors should not be easily broken.
However, with the arrival of Zhang Fei, Sima Guang accidentally took up the banner of judicial reform. He also made certain compromises on this, but he was still cautious. It took so long for Kaifeng Prefecture to hand over power, and he didn't say a word.
At the same time, with the rise of Wang Anshi and the emergence of the law of legal system, the entire legal thought of the Song Dynasty began to be more inclined towards cautious punishment, which has now become the general trend.
At this time, a prosecutor came in and said, "Attorney General, the criminals from Qizhou will arrive in the capital soon and will be placed in the prison of Kaifeng Prefecture."
Xu Zun frowned: "Who gave this order?"
The prosecutor shook his head and said, "It's not clear at the moment. It's said that it was arranged by the higher-ups because the public security, procuratorate and courts don't have a prison to hold such a high-ranking criminal."
After all, Kaifeng Prefecture had just handed over its power to the Imperial Court, resulting in the Imperial Court not having any prisons. The police station did build some prisons, but they were very ordinary and mainly used to detain suspects who were about to go to court.
Qi Ji said: "If they are imprisoned in Kaifeng Prefecture, it would be easy for the other party to contact the suspects."
They know who are behind those prisoners.
Xu Zun hesitated for a moment, then stood up and said, "You guys discuss it first, I'll go find out what's going on."
After saying that, he strode out.
Qi Ji couldn't help but say, "It's been a long time since I've seen the Attorney General so high-spirited."
A hint of guilt flashed across Zhang Fei's eyes. He knew very well that Xu Zun was suppressing his inner restlessness just to give him way.
Otherwise, Xu Zun might have done more outrageous things than Zhang Fei.
evening.
"Huh? Why didn't Dad come back with you?"
Seeing Zhang Fei coming back alone, Xu Zhiqian couldn't help but ask.
Zhang Fei half-jokingly said, "My father-in-law went to quarrel with someone."
"Um?"
"What's going on?"
Xu Lingxiao immediately stepped forward and asked worriedly.
"Oh, don't be nervous, brother. It's just business."
Zhang Fei immediately informed the brother and sister about the prison incident.
"I see!"
Xu Lingxiao immediately breathed a sigh of relief.
Xu Zhiqian said, "But this is no small matter. If they are detained in Kaifeng Prefecture, they will have the opportunity to collude with others."
After all, Kaifeng Prefecture is within the traditional sphere of influence, and everyone in it is their people.
Zhang Fei said in a relaxed tone: "It doesn't matter. Nowadays, lawsuits are all about evidence. Lies in court will be easily exposed."
Before he finished speaking, Xu Lingxiao suddenly said, "Daddy is back."
Zhang Fei looked back and saw Xu Zun entering the courtyard.
Several people immediately went over to greet him.
"Daddy, how is it?"
Xu Zhiqian asked anxiously.
Xu Zun first glanced at Zhang Fei, then shook his head and said, "It is very likely that he is still imprisoned in Kaifeng Prefecture Prison."
Xu Zhiqian asked: "Why?"
Xu Zun sighed, "Because according to the news from Qizhou, Wu Tian still has his accomplices out there, and the public security, procuratorate and courts don't have a prison to hold such criminals for the time being. If they are placed in the prison of the police station, it will be very unsafe. According to the rules, they should be locked up in Kaifeng Prefecture."
Xu Zhiqian said: "But can we let the Royal Police take care of it?"
Without waiting for Xu Zun to speak, Zhang Fei said, "This matter must be decided by them. If we arrange it, if something goes wrong, it may be our responsibility."
Xu Zun nodded and said, "Zhang San is right. Their reason makes me afraid to say more. Their power is not small. We have to be careful."
Zhang Fei asked: "Can we meet the suspects?"
Xu Zun said: "That's possible. The public security, procuratorate and courts can conduct interrogations at any time, but it certainly can't stop some officials from tipping off the suspects."
Zhang Fei smiled and said, "It really doesn't matter. It's also fairer. After all, we can interrogate suspects at any time, so we should also allow the other party to discuss with the suspects, so that they won't be dissatisfied after losing!"
Xu Zun glanced at him and said, "This is not a martial arts competition. As long as it is not illegal, it's fine. Fairness is what the royal court considers. Our procuratorate wants to win the appeal. In this situation, the sooner we prosecute, the better it will be for us. After all, we have ready-made evidence, and they need time to think of a countermeasure."
It seems that my father-in-law was humiliated in the imperial city. Zhang Fei bowed and said, "I obey your command."
Xu Zun glared at him, then suddenly looked at Xu Lingxiao and warned him, "Xiao'er! Don't tell anyone about this, or you'll get into trouble. The other party will definitely be watching our every move now."
Xu Lingxiao nodded, "I understand."
At this time, Gao Wenyin and Mu Zhen came over and indicated that it was time to eat.
After dinner, Zhang Fei and Xu Zhiqian returned to their own courtyard.
"If I wasn't pregnant, I would be able to investigate this case with you."
Xu Zhi said slightly frustrated.
A case of this level is so tempting that if you miss it, you may never get it again.
Zhang Fei smiled and said, "You just can't go to court with me, but you can still try the case with me. Just make sure you get enough rest."
Xu Zhiqian asked happily: "Really?"
Zhang Fei nodded and said, "The power behind them is unfathomable. I don't know if they have anyone in the procuratorate. I can't take the evidence provided by the tax commissioner to the procuratorate. I can only discuss this with you, and you can only help me prepare. But you have to promise me that you must rest when I say so, and don't be as busy as before and forget to eat and sleep."
Xu Zhiqian nodded excitedly and said, "I promise you, I promise you, I will definitely listen to you."
Although Xu Zun was very confident in Zhang Fei's performance in court, as a veteran in officialdom, he naturally knew the dangers involved. What they were facing was not a group of bandits, but most of the imperial court, and the other party was already operating behind the scenes.
Xu Zun has always been kind to prisoners, but he would never be soft-hearted about something like this.
After the criminals entered Kaifeng Prefecture, he appealed to the imperial court on the same day.
Of course Zhao Yan understood what he meant, so he immediately notified the other party that the trial would be held in three days.
However, Kaifeng Prefecture soon informed the Imperial Court that due to the large number of criminals, the formalities had not yet been completed, and the trial would definitely not be held after three days because the prisoners could not be sent to the Imperial Court.
Zhao Yan stated that the Kaifeng Prefecture Prison was only responsible for detention, and the formalities should be handed over to the public security, procuratorate and courts.
But Kaifeng Prefecture immediately responded that the prefectural prison was not under the jurisdiction of the imperial court, that the prefectural prison had its own system, and that all procedures had to be reported to the Ministry of Justice, and it was impossible to break the rules for the imperial court.
The Ministry of Justice also opposed opening the trial immediately.
Zhao Yan and Xu Zunyi discussed it and decided not to waste time talking to them. They should just sue the procuratorate and the Kaifeng Prefecture Prison together. This way, they would not be able to go through the formalities and they should all go to court and speak together.
This is going to be a big deal!
The other party was also furious. You are really going too far. You didn’t even give us time to prepare?
Government Affairs Hall.
Wen Yanbo said, "Xu Zhongtu, you are too impulsive. The procuratorate must appeal based on the evidence. You can't just say that others didn't do what you wanted and then you appeal. This will have a bad impact on the public security, procuratorate and courts."
Xu Zun said: "It's not that I don't have evidence. The court has handed the case over to the public security, procuratorate and court. In this case, the prefecture and prison must obey the arrangements of the public security, procuratorate and court, rather than the Kaifeng prefecture and the Ministry of Justice. If this is the case, then the Ministry of Justice and Kaifeng prefecture will be responsible for the trial.
I have said it before, it is not our turn to try this case, but you have to hand it over to us. We have taken over the case, but we don’t even have the power to decide when to open the court. What is there to try?”
Zhao Yan sighed and said, "It's meaningless for me to be the chief judge. You should choose someone else to judge the case."
Sima Guang said, "How about this, the trial will be held in seven days. There are so many suspects, and they have all hired Erbi. The imperial court should give them some time to prepare, as it has done in the past."
Zhao Yan said: "Since Scholar Sima said so, the imperial court will certainly be accommodating and understanding, but the prefecture and prison must also obey the imperial court. If the chief judge can't even call out a prisoner, then what kind of justice can the imperial court be in charge of?"
Sima Guang nodded and said, "We will discuss it in detail after this case is over."
After some mediation by the Political Affairs Hall, the trial was finally scheduled to begin seven days later.
During this period, both parties were making intensive preparations. Zhang Fei held a meeting with Qi Ji, Wang Gong and others in the morning. In the afternoon, he asked Qi Ji and others to organize the evidence, while he went home to discuss the specific details with Xu Zhiqian.
Because the Tax Commissioner also secretly prepared a piece of evidence for Zhang Fei.
The people of the capital were naturally waiting to see what was happening. This melon was rare to see in a thousand years. What they were most curious about was whether Erbi would really release the person if he won the case.
Of course, most people think it is unlikely, because the prosecutor on the other side is Zhang Fei. Can he win?
After everyone's eager anticipation, the court day finally arrived.
The present imperial court was rebuilt from a parade ground, and it was very open on all sides. Generally speaking, common people had the opportunity to watch, but it was different today. Ordinary people were only a minority, and most of those standing outside were officials, yamen officials, and so on.
This is the capital city, not Hezhong Prefecture. There are countless officials, almost all of them have come. Now the imperial city is full of minor officials to handle daily affairs.
The place was full and the scale was even larger than a court meeting.
There is no way. The outcome of this case is of vital importance to any official, as it involves many, many issues.
Of course Zhao Xu also came, but he did not show up. Instead, he sat in the corridor where the president entered the court. He could see what was happening outside, but outsiders could not see them.
“They’re all here!”
Zhao Xu secretly took a look and saw that there was a lot of discussion outside. He couldn't help but ask, "What are they discussing?"
Liu Zhao, a servant, said: "Everyone is very curious about how the public security, procuratorate and court will handle the case of treason."
"I am also very curious."
Zhao Xu nodded.
After a while, prosecutors led by Zhang Fei and Erbi led by Li Lei entered the venue at the same time.
When the two sides came to the middle of the field, Li Guozhong and Li Lei immediately stepped forward, saluted to Zhang Fei, and said, "Prosecutor Zhang, please show mercy later."
Zhang Fei laughed and said, "I am a prosecutor now. If I show mercy, it would be a violation of the law for personal gain!"
Li Lei suddenly said, "Prosecutor Zhang, your procuratorate is eager to open the trial and not give us too much time to prepare. Aren't you afraid of winning unfairly?"
Zhang Fei smiled and said, "Why don't you think about it? This is out of respect for you."
After that, he leaned forward slightly and whispered to Li Guozhong: "In fact, I don't mind waiting a few more days, because I know that you are almost ready. If you delay any longer, I am afraid that things will be out of your control and all of you will be involved."
Li Guozhong nodded repeatedly and replied in a low voice: "I understand all this, and I also know in my heart that the person who takes the most care of us in the court is Prosecutor Zhang."
In fact, they had already come into contact when the criminals entered the capital, but they were obviously very passive. Of course, they delayed as much as possible, on the one hand to allow Li Guozhong to be more fully prepared, and on the other hand to hope for a turnaround.
Zhang Fei stood up and said, "Let's see how much you have improved later."
Li Guozhong said: "I hope I won't disappoint Prosecutor Zhang."
After some greetings, both parties returned to their seats.
After a while, Zhao Yan finally appeared in the seat of the presiding judge. He looked extremely excited. He was also looking forward to this lawsuit. After some preparation, he banged the gavel and announced the official opening of the court.
Zhang Fei stood up first. "Our procuratorate has accused Wu Tian and 35 others of treason."
These thirty-five people are all well-known figures. As long as they are convicted, the remaining hundreds of people can be convicted directly, and no one will worry about those minions.
After he sat down, Li Lei stood up again and said, "I represent Wu Tian."
At this point, he looked down at the document, read the names one by one, and then said, "Refuse to admit the crime of treason."
After he finished speaking, he was sweating profusely. You know, Li Lei is also a veteran, but he has never stuttered when speaking in court.
This shows how serious this lawsuit is.
After he sat down, Li Guozhong whispered to comfort him: "Don't be nervous. Since the court allows us to go to court, we just need to do our best."
The surrounding area immediately started to discuss.
Lu Huiqing couldn't help but be surprised and asked: "Are they still trying to help Wu Tian get away with this? How is this possible? Do they have the means to do this?"
Wang Anshi laughed and said, "Maybe they are asking for an exorbitant price and then paying it back on the spot. The procuratorate has not let anyone off the hook."
"Are they asking for an exorbitant price and then paying it back on the spot?"
Wen Yanbo also asked.
Fu Bi said: "Not necessarily. If Wu Tianding is convicted of treason, based on the evidence the tax commissioner has, it will be difficult for the others to escape."
Wen Yanbo asked, "Do you think, Mr. Fu, that they have a chance of winning the case?"
Fu Bi said, "It's hard to escape this crime, but it depends on whether the death penalty can be avoided. After all, treason is also included in the crime of robbery, and the difference between the two is very vague. If it is considered robbery, it is also a death sentence, but it may be reduced. The key is that the other people's crimes are even less serious. But if it is considered treason, the death penalty is certain."
(End of this chapter)