Chapter 322: Private and Public

The investigation by the procuratorate proceeded with ease and comfort, but the court had already become a place where everyone was on edge.

This situation was all too common. In many people’s view, Xu Zun was Wang Anshi’s man, and he would certainly expand the scope of the investigation. Those who were impeached would likely have eight or nine out of ten unable to escape—this was a signal of factional strife.

Among them, the most anxious was naturally Su Zhe, but he acted very carefully and cautiously. Although many ministers had been speaking out for Su Shi’s injustice during this time, he understood clearly that the more critical the moment, the less he could get entangled with them.

He was the first to rush to find Sima Guang.

“Academician Sima, my elder brother is innocent.”

Su Zhe said anxiously, “My brother did not presume to use that is lawsuit to stop the new laws. He simply felt that some provisions of the Balanced Delivery Policy are not very complete, so he hoped to use the lawsuit to make the Reform Planning Commission reconsider more carefully. At the same time, he also wants to see whether the judiciary can restrain the Reform Planning Commission. He absolutely has no intention of forming factions for private gain.

The other side’s actions clearly aim to destroy judicial supervision over them. If we let them succeed, Academician Sima’s judicial reforms would be out of the question.”

With these simple words, he spoke to Sima Guang’s interests.

My brother has not formed factions for private gain.

At the same time, the one being harmed is you, Sima Guang.

Sima Guang said, “Perhaps Wang Anshi has ulterior motives, but he also has no intention of destroying the judiciary. He is simply using the rules to achieve his own purposes, because your brother did indeed make some mistakes in this matter. He put his political ideals first rather than the law first. If your brother were to succeed, the justice system would lack justice and fairness, becoming a weapon of political struggle.”

Su Zhe said, “But the other side is accusing him of forming factions for private gain, not criticizing my brother for dereliction of duty.”

Sima Guang smiled and said, “I believe Xu Zun will enforce the law impartially. As long as your brother has not formed factions for private gain, he absolutely will not falsely accuse your brother.”

The other side had strongly recommended Xu Zun—how could Su Zhe believe that Xu Zun would let them off?

Just then, an old servant walked in. “Master, someone from the palace has come, asking Master to enter the palace immediately for deliberations.”

Sima Guang said, “His Majesty has summoned me to the palace for deliberations. I estimate there’s news from the procuratorate.”

Su Zhe said, “So soon?”

“This isn’t a major case—how long should the investigation take?”

Sima Guang stood up. “You should go back first. I believe there will be news soon.”

Upon hearing this, Su Zhe felt much more at ease. With this type of case, the longer it dragged on, the more serious the consequences would be. His eyes turned, and he said, “I happen to want to borrow the Song Code of Punishments from you. I wonder if you would allow me to read here for a moment.”

You still have the mood to read books now? Sima Guang didn’t expose his true intentions, but smiled and nodded. “As you wish.”

Sima Guang felt quite calm in his heart. It wasn’t that he trusted Wang Anshi—if there were an opportunity, Wang Anshi would certainly weaken the procuratorate, as it was indeed a hidden threat.

Rather, he knew that Emperor Zhao Xu would not weaken the procuratorate, because the current situation was very much in line with Zhao Xu’s interests.

Sometimes, the foundation of trust lay in checks and balances.

Forming factions for private gain was, plainly speaking, also an omnibus law, and one prepared specifically for the emperor. It mainly depended on whether the emperor believed it or not.

When he arrived at the Hall of Delegated Rule, he saw that all the chancellors had assembled, including Fu Bi and Zeng Gongliang, who had been chronically ill for years. This showed that Emperor Zhao Xu also knew the sensitivity of this case. Besides them, there were also Xu Zun and Cao Ping, who were in charge of investigating the case.

“Have you already found results?”

Zhao Xu looked at Xu Zun with slight surprise.

Xu Zun said, “In response to Your Majesty, this case is not complex, and Su Shi and Fan Chunren quickly confessed truthfully. There was nothing much to investigate. These are Fan Chunren and Su Shi’s confessions. Please review them, Your Majesty.”

“Quickly present them.”

The attendant immediately presented the confessions.

Emperor Zhao Xu finished reading at a glance, his eyes showing confusion as he casually handed the confession to an attendant beside him.

The attendant then took the confession for the chancellors like Fu Bi to review.

Almost everyone was like Emperor Zhao Xu—they finished reading at a glance, then wore puzzled expressions.

So simple!

This was truly much thunder but little rain!

Emperor Zhao Xu smiled and asked Xu Zun, “This confession is so simple that even I cannot quite understand it.”

Xu Zun replied, “In response to Your Majesty, according to the duties of the Procuratorate, if they believed the new laws violated ancestral laws, they should have first actively investigated. But as stated in their confessions, they never conducted investigations into Academician Wang or any officials of the Reform Planning Commission.

Moreover, they only consulted with officials who opposed the new laws about how to file a suit, which is sufficient proof that Su Shi indeed committed dereliction of duty. As for Fan Chunren, since he has not yet assumed office at the Procuratorate and is merely a commoner, the Procuratorate cannot pursue charges of dereliction of duty against him.”

After these words, the chancellors present all nodded slightly.

There was nothing to say in response.

This was indeed indisputable.

The Procuratorate, as its name suggests, focused on investigation, but Su Shi and Fan Chunren were single-mindedly thinking about litigation.

Only Wang Anshi felt dissatisfied. “Isn’t this sufficient proof that they formed factions for private gain?”

A group of officials with common demands gathering together to discuss how to target the new policies—this was pure factional scheming for private interests!

“That’s hard to say.”

Xu Zun shook his head and continued, “Because according to the confessions of Liu Shu, Qi Hui, and other officials, when they gathered together, they mainly discussed how to fight this lawsuit, focusing on techniques and legal principles, which differs little from what Su Shi and Fan Chunren stated.

However, they all admitted that they were all dissatisfied with the new laws and gathered together for this reason. Based on Fan Chunren and Su Shi’s confessions, they apparently wanted to use litigation to force the Reform Planning Commission to modify the new laws or withdraw the decrees.”

Fu Bi immediately said, “Then the key now lies in whether they acted for public or private interests.”

Xu Zun nodded and said, “Chancellor Fu is correct. The reason they committed dereliction of duty is that they had ulterior motives rather than acting based on law, which they also admitted. The key lies in whether their motives were public or private.”

Wang Anshi immediately said, “Your Majesty, any factional scheming belongs to private interests.”

Fu Bi smiled and said, “Not necessarily. If the State Councilors present all privately believed the new laws benefited the country and wanted to support them together, would that be in private or public interests?”

Wang Anshi chuckled, “I believe that to judge whether something is private or public depends on whether they can profit from it. If the Procuratorate won that lawsuit, then Su Shi would certainly have unlimited prospects and greatly enhanced reputation.”

Fu Bi said, “If they won the lawsuit, it would at least prove they had valid reasons, and the country would benefit accordingly. Then his promotion would be natural.”

Sima Guang suddenly had a flash of inspiration. “How about this—let them fight this lawsuit to see whether they seek private or public interests.”

Wen Yanbo nodded and said, “Academician Sima speaks reasonably!”

Wang Anshi glanced at Sima Guang with an expression that seemed to say, “Wishful thinking!”

Xu Zun said, “Academician Sima, this is law, not child’s play.”

Sima Guang quickly said, “I was just speaking casually. Prosecutor Xu, please don’t take it seriously.”

Wang Anshi said, “Setting aside their career prospects for now, we should not forget the Imperial Treasury case. My Balanced Delivery Policy is meant to solve the corruption currently existing in the Imperial Treasury, and Gu Ji, the Director of the Imperial Treasury, also supports Su Shi and Fan Chunren’s lawsuit against the new laws.”

Cao Ping immediately stepped forward and said, “According to my investigation, Imperial Treasury officials often secretly sell rotted tribute goods and keep the profits for themselves, but this batch of tribute peaches is recorded in the public accounts and is still under investigation.”

Wang Anshi said, “Your Majesty, regarding this matter, it is already known to all. It wastes the people’s resources and harms the common people, which is why I proposed the Balanced Delivery Policy to correct this corrupt practice.”

Cao Ping glanced at Wang Anshi, realizing he was making a feint.

The Imperial Treasury would certainly face punishment, as this matter had already stirred public resentment. Someone had to pay the price, so rather than adding insult to injury, it was better to use it as publicity for the new laws.

Emperor Zhao Xu nodded and said, “This corrupt practice must be corrected. Otherwise, I would have no way to answer to the people of the realm.”

“Your Majesty is wise.”

Wang Anshi immediately cupped his hands and said, glancing at Sima Guang from the corner of his eye.

Sima Guang, Wen Yanbo and the others, despite their reluctance, could only cup their hands and say: “Your Majesty is wise.”

Xu Zun said: “Your Majesty, although the Imperial Treasury indeed supported the procuratorate’s prosecution, there is currently no evidence proving that Su Shi and Fan Chunren have any connection with the Imperial Treasury. Not only that, but Fan Chunren and Su Shi also planned to immediately prosecute the Imperial Treasury after they finish prosecuting the Reform Planning Commission.”

Emperor Zhao Xu nodded and asked Xu Zun: “In your opinion, should they be convicted of factional scheming for private gain or not?”

Xu Zun replied: “Reporting to Your Majesty, looking at the entire case, it is very difficult to determine whether they engaged in factional scheming for private gain. However, they chose to pursue litigation in court. Although this prosecution violated regulations and was not valid, court litigation is ultimately an open and honest method, and also the fairest method. Therefore, I do not recommend convicting them of factional scheming for private gain.

Moreover, if we convict them of factional scheming for private gain, officials will not dare to privately discuss political affairs, and no officials will dare to offer opinions to the Reform Planning Commission. This would actually cause very adverse effects.”

Emperor Zhao Xu nodded slightly and asked everyone: “What are your views?”

Wang Anshi was the first to step forward and say: “Prosecutor Xu’s words are completely convincing. I have no objections whatsoever.”

He also knew this charge could not be sustained. His earlier questioning was merely to give Xu Zun a chance to perform. By coming out to support Xu Zun, he could also demonstrate his impartiality – even though they targeted me like this, I am still willing to abide by the judicial process.

Fu Bi’s eyes lit up as he said: “I also believe Prosecutor Xu’s words are very reasonable, and they also provide an excellent precedent for the crime of ‘factional scheming for private gain’. Currently, the crime has no specific legal commentaries or statutes. No one can clearly say what exactly constitutes factional scheming for private gain. As Ouyang Xiu once said, gentlemen unite through principle, while petty men unite through profit. This natural tendency for like to attract like is very difficult to avoid.”

Emperor Zhao Xu’s expression changed slightly.

Wang Anshi immediately said: “Lord Fu’s words are mistaken. Profit cannot distinguish between gentlemen and petty men – only morality can make that distinction. Those who are greedy for money are not necessarily petty men, while those who regard money as dirt cannot necessarily be called gentlemen.”

Wen Yanbo said: “Lord Fu’s words concern whether principle or profit comes first.”

Fu Bi looked at Wen Yanbo with frustration – what happened to their understanding?

He was not making veiled criticisms of Wang Anshi. He wanted to establish the law on factional scheming for private gain, which could to some extent prevent unprincipled factional strife.

Wang Anshi countered: “An ancient saying goes: ‘When granaries are full, people know propriety; when food and clothing are sufficient, people know honor and shame.’ If the people cannot even fill their stomachs, and yet you still demand morality from the – that is not the conduct of a gentleman. Profit is the foundation of principle – you tell me which comes first?”

Wen Yanbo argued: “When people cannot fill their stomachs, it is because the ruler or ministers have lost virtue. You tell me which comes first?”

Wang Anshi retorted: “When rulers and ministers put the people’s welfare first, this is virtue. Profit is subordinate to virtue, but without profit there is no virtue – which is more important?”

Emperor Zhao Xu spoke up: “You two should stop arguing for now. Today’s meeting is mainly to discuss the case of Fan Chunren and Su Shi. We can debate this topic another day.”

However, his peripheral vision glanced at Fu Bi.

Fu Bi was completely dejected – Wen Yanbo had really been unhelpful this time!

Emperor Zhao Xu certainly did not want to rigidly define factional scheming for private gain, and he was also very wary of these Qingli-era officials, because these people all held a very important political principle: limiting imperial power.

The concept of scholar-officials and the monarch jointly governing the realm was actually institutionalized by Fan Zhongyan and his associates.

One important reason Fan Chunren opposed the Balanced Delivery Policy was that he saw Wang Anshi seeking to centralize power, or more fundamentally, the emperor seeking to centralize power.

Yet they believed that joint governance of the realm was the foundation of the state and could not be shaken.

It was just that no one dared to speak this point openly.

Sima Guang suddenly stepped forward and said, “Your Majesty, I am guilty.”

Emperor Zhao Xu was startled. “What do you mean by this?”

Sima Guang said, “I was too hasty. Seeing that Su Shi had considerable talent, I was eager to appoint him to such an important position as Deputy Prosecutor, but I overlooked his shallow experience and failed to provide careful guidance, which led to his grave error. To be honest with Your Majesty, I am still in the process of perfecting the rules for the prosecution and judicial system. But if this system is not established, many loopholes will be difficult to detect. No matter what, I am unforgivably guilty.”

Wang Anshi immediately said, “Your Majesty, in reform and transformation, oversights are inevitable. The key is being able to correct them promptly. I also believe Academician Sima will not make the same mistake again. I implore Your Majesty to show mercy.”

Sima Guang glanced at Wang Anshi. Well, thank you so much for that.

Did he need Wang Anshi’s intercession?

Of course not.

Wang Anshi’s words were actually spoken for his own benefit.

“People are not sages – who can be without fault?” Emperor Zhao Xu sighed, then continued, “The same applies to Su Shi and Fan Chunren. Although they committed dereliction of duty, as Academician Sima said, the prosecution and judicial system is not yet perfected, so oversights are understandable. I do not wish to punish them severely.”

Upon hearing this, Sima Guang immediately looked toward Xu Zun. “Prosecutor Xu, have Su and Fan realized their mistakes?”

Xu Zun nodded. “Su Shi has no complaints about the charge of dereliction of duty.”

Sima Guang again addressed Emperor Zhao Xu: “Your Majesty, as Academician Wang said, the virtuous man recognizes errors and corrects them. Su Shi and Fan Chunren’s moral character and talented abilities are praised by all court officials. Now that they have made one mistake, I believe they will never repeat it. I am planning to use several prefectures and counties as pilot programs for the prosecution and judicial system. Why not send them to local posts to help the court build this system, allowing them to redeem themselves through merit?”

Emperor Zhao Xu asked, “What do you have in mind?”

Sima Guang said, “I suggest sending Su Shi to Yangzhou as Prosecutor and Fan Chunren to Dengzhou as Prosecutor.”

Yangzhou?

Wang Anshi couldn’t help but frown. This old fox was truly devious. He quickly said, “Although recognizing errors and correcting them is admirable, according to Prosecutor Xu’s account, the suspicion of their factional scheming has not been completely cleared!”

Sima Guang countered, “Then in Academician Wang’s opinion, how should they be dealt with?”

Wang Anshi opened his mouth but ultimately remained silent.

To say they should be demoted to commoners would be excessive, especially since Sima Guang had already shouldered part of the responsibility, and crucially, Emperor Zhao Xu would not agree.

If punishment was necessary, it would certainly be demotion to local posts. Having Su Shi and Fan Chunren serve as prosecutors in Yangzhou and Dengzhou was definitely a form of punishment!

Emperor Zhao Xu smiled inwardly and said, “Since I have entrusted judicial reform to you, let it be as you say.”

These words were also meant for Wang Anshi to hear – when you arrange people later, they won’t be able to object easily.

Wang Anshi naturally caught the subtext and found it inappropriate to say more.

Sima Guang immediately said, “I will never again disappoint Your Majesty’s trust.”

Emperor Zhao Xu nodded and continued, “As for the Imperial Treasury case, all involved personnel shall be dealt with according to law. Additionally, Gu Ji, as Director of the Imperial Treasury, bears inescapable responsibility. Let him go to Yizhou as Supervisor of Educational Affairs.”

This Supervisor of Educational Affairs position was specifically for managing local education – an idle post. Gu Ji definitely had to go. If he didn’t leave, how could Wang Anshi arrange for someone to take his place?