Chapter 267: The Boundaries of Speech |
“That Remonstrator Fan is getting more cunning.”
Zhang Fei, who had shouted “objection” several times, sat down and took a sip of tea, unable to help but complain.
Xu Zhiqian smiled gently and teased, “Isn’t it because he learned bad habits from you?”
Zhang Fei glared at her with feigned anger.
Fan Chunren’s final question, asked without any evidence whatsoever, was clearly meant to remind everyone that Wang Anshi was doing this to protect his new laws.
From a moral standpoint, this was playing dirty.
But this was also lawyers’ most commonly used tactic. Zhang Fei had used it several times himself, which initially made Fan Chunren very angry, thinking how could one be so despicable.
Now… it was truly sweet.
But it had to be said that this line of questioning indeed put tremendous pressure on Wang Anshi.
With a heavy gasp, Wang Anshi slowly rose from the witness chair and walked with faltering steps toward his lifelong nemesis, Sima Guang.
Actually, he didn’t want to.
After Wang Anshi sat down, Sima Guang acted like Wang Anshi’s servant, looking left and right anxiously, instructing the air: “Quickly, quickly, quickly! Go get that handkerchief to wipe our Academician Wang. Any later and the sweat on his face will wash all the grime clean! Heh heh heh!”
By the end, even Sima Guang, who usually kept his emotions hidden, was nearly doubled over with laughter.
Wang Anshi remained expressionless.
This time he accepted it.
He wouldn’t argue anymore.
He himself believed that his earlier answers had been absolutely terrible, completely manipulated by Fan Chunren. Fortunately, Zhang Fei had helped turn things around for him afterward, otherwise the consequences would have been unthinkable.
There was simply no way to defend it.
After Sima Guang finished his mockery to his heart’s content, Wang Anshi finally spoke: “When did we two become so bullied that we can only find solace in mocking each other?”
At these words, Sima Guang couldn’t help but freeze, the smile gradually disappearing from his face as he said seriously: “Indeed. Tell me, why are we two State Counsellors sitting here, being toyed with at will by a pen-in-cap and a remonstrator, only able to find bitter amusement?”
Having said this, the two exchanged a knowing look, seemingly reaching some kind of agreement.
Wang Anshi frowned thoughtfully: “The remonstrator is easy enough to deal with – we have plenty of opportunities to teach him a lesson. The key problem is that pen-in-cap.”
Sima Guang nodded in deep agreement: “Exactly. That boy is very slippery. Usually he’s respectful and deferential to us, but becomes arrogant and domineering in court.”
Wang Anshi said: “But in court, we might really not be his match.”
Sima Guang sighed: “It’s a pity that despite our repeated recommendations for him to enter government service, he’s refused them all. We can’t very well force him into government to become an official.”
As soon as the words left their mouths, the two seemed to suddenly think of something, exchanging another knowing look and simultaneously revealing sinister smiles on their faces.
After a brief recess in the hall, the second defendant, Song Minqiu, finally took the stand.
The forgotten other defendant, Su Shi, already had vacant eyes and an ashen face. He knew his courtroom journey had come to an end, muttering under his breath: “Fake! It’s all fake! This is just a performance. They’re using the law to put on a show, they’re desecrating the law… a bunch of shameless villains.”
His voice carried a hint of choking emotion.
But no one cared about him. Everyone’s attention was focused on Song Minqiu, all appearing very tense. If Wang Anshi and Sima Guang couldn’t withstand the pressure, what about Song Minqiu?
Conversely, Fan Chunren and Su Zhe looked completely relaxed.
Zhang Fei suddenly stood up. “Mr. Song, could you tell us what happened on the evening of the third of this month?”
Song Minqiu nodded. “That evening I met with several friends at Pan Inn for drinks. During the gathering, I heard Su Shi discussing the prohibition on pamphlets. I deeply agreed with his views, so I recorded Su Shi’s remarks, then had them copied into pamphlets and secretly placed in front of various inns and taverns.”
Zhang Fei glanced at the case file and asked: “May I understand this to mean that you were very much opposed to the prohibitions on publications?”
Song Minqiu nodded: “Yes. I was very much opposed. Even if I hadn’t heard Su Shi’s words that day, I had already planned to publish pamphlets as a protest against the prohibition.”
Zhang Fei asked again: “Did you learn about the prohibition from Su Shi?”
Song Minqiu shook his head: “No, I already knew about this matter that afternoon. When we met that evening, we were discussing this very issue.”
Zhang Fei said: “But were you clearly aware of Academician Wang’s concerns?”
Song Minqiu nodded: “I am aware.”
Zhang Fei said: “But you still opposed it.”
Song Minqiu nodded.
Zhang Fei asked: “Why?”
Song Minqiu said: “Because throughout my life I have greatly enjoyed collecting books. Although I possess many unique editions, I have also lost quite a few precious books that may never be found again. Therefore, I strongly support printing articles in pamphlets, so that those classic articles and poetry collections can be passed down. These are the most precious treasure of our civilization.
As for Wang Anshi’s concerns, they are purely—!”
At this point, he snorted with disdain, then clearly spat out two words: “Evil policies. In my view, this is no different from Emperor Qin Shi Huang’s burning of books and burying of scholars. They claim to prohibit discussing current politics in pamphlets, but if he truly succeeds, this will make the entire literary world fall silent as cicadas, with no one daring to discuss politics anymore, no one daring to write articles about current affairs, and of course, no one daring to oppose Wang Anshi himself.”
It was not difficult to hear that every word carried anger.
This also won cheers and support from many people both inside and outside the court.
Zhang Fei asked again: “Did you know that publishing your pamphlet would cause such great turmoil?”
Song Minqiu shook his head: “I was not aware, but I hoped it would draw everyone’s attention and force the court to withdraw this prohibition.”
Zhang Fei said: “This is why you only wrote what Su Shi said in the pamphlet, without writing about Academician Wang’s concerns.”
Song Minqiu nodded.
Zhang Fei asked: “If I say you deliberately incited social unrest, do you admit it?”
“I object.”
“I admit it.”
Fan Chunren and Song Minqiu spoke simultaneously.
Zhang Fei looked helplessly at Fan Chunren, then said: “I’m finished with my questions.”
Fan Chunren smiled helplessly, then said to Song Minqiu: “Song Minqiu, what was your relationship with Academician Wang before this?”
Song Minqiu said: “It was quite good.”
Fan Chunren asked: “Could you be more specific?”
Song Minqiu said: “He often came to my house to borrow books.”
Fan Chunren said: “Did you lend them to him?”
Song Minqiu nodded: “I have always greatly admired Wang Anshi’s talent and enjoyed his writings. I also discussed poetry collections with him.”
Fan Chunren said: “Have you had any disputes with him, including conflicts arising from official duties?”
Song Minqiu shook his head: “No.”
Fan Chunren asked again: “I heard you voluntarily came to Kaifeng Prefecture to inform Vice-Prefect Li that you were the one who published the pamphlet.”
Song Minqiu nodded.
Fan Chunren said: “Why?”
Song Minqiu said: “Because I didn’t want to implicate Su Shi.”
“I’m finished with my questions.”
Fan Chunren sat down.
Zhao Bian looked at Zhang Fei again. Zhang Fei shook his head: “I have nothing more to ask.”
Song Minqiu was completely dumbfounded. Just now you were so aggressive toward Wang Anshi, but when it comes to me, just these few brief questions? Who… who is the defendant here!
He didn’t realize that he and Su Shi were merely the spark that ignited this lawsuit. The real defendant was Wang Anshi, not him. The key point of dispute between both sides was the ban on publications and Wang Anshi’s motives.
This was also what everyone was paying attention to.
Li Dalin who followed was treated similarly. When he came to the stand, he was hastily asked a few questions, merely going through the motions.
Then they proceeded directly to the closing arguments.
Zhang Fei stood up first and said: “First, we withdraw our lawsuit against Su Shi, because the facts prove that he merely expressed his views on the publishing restrictions and had nothing to do with the pamphlet itself. As Academician Wang said, he never prohibited others from discussing current politics.”
Su Zhe breathed a complete sigh of relief.
I won’t thank you for that. If you’re so capable, why don’t you just convict me! Su Shi proudly turned his face to the side.
He had originally wanted to use this lawsuit to break Zhang Fei’s undefeated legend, but who knew he would just go through the motions without any chance to perform. He was thoroughly disappointed.
“Secondly,” Zhang Fei continued, “Song Minqiu and Li Dalin absolutely committed the crime of bewitching the masses. While they knew the full circumstances of the matter, they only published Su Shi’s remarks without including what Academician Wang was concerned about, thereby sowing discord, inciting public anger, and creating social unrest.
Although Song Minqiu offered an explanation that seemed quite reasonable, everyone must understand that the fundamental reason for his opposition was his love of collecting books—this was his personal interest. Creating social unrest is an extremely selfish and self-serving act.
And this is precisely what Academician Wang was worried about.”
At this point, he looked down at his documents and said, “During that meeting, Wang Anshi very clearly expressed this viewpoint. The reason he wanted to prohibit pamphlets from discussing current politics was because he worried that merchants, seeking profit, would exaggerate facts and sensationalize stories, thereby causing social unrest and bringing endless trouble and expense to the court.
These were Academician Wang’s exact words. What Song Minqiu did was completely consistent in nature with what Academician Wang described—except that while merchants seek profit, Song Minqiu sought literary fame. Those who kill for the sake of an article are also guilty of intentional murder. There is no difference between the two.”
Having said this, he raised his head, looked around, and continued, “Everyone must not overlook that movable type printing is an entirely new technology capable of printing large quantities of pamphlets in an extremely short time. While it can preserve classic writings for posterity, it can also spread erroneous information throughout all of Bianjing in an instant. What consequences this might trigger, no one yet knows, because it has never happened before.
However, the previous leak at the Court of Penal Review and the subsequent attention generated by the Scholar’s Gazette have already demonstrated that hidden dangers indeed exist.
Academician Wang serves as State Counsellor, and his duty is to assist His Majesty in governing the realm, not to indulge his personal preferences like Song Minqiu. I do not know what the duties of a Drafter of Imperial Edicts entail, so I will refrain from commenting on that matter.
But when foreseeing hidden dangers, Academician Wang could not possibly remain indifferent. However, faced with something new, the court temporarily had no means of regulation, so it could only impose a prohibition first—but this was not a complete ban on pamphlets, only a prohibition on discussing current politics in pamphlets.
Just as a newly captured wild horse would not immediately be placed in the stable with tame horses, but only after being broken in, what Academician Wang did was a form of breaking in. Is this not what the ancestral laws advocate?”
Many of those present nodded repeatedly.
They had already become aware of this issue beforehand.
Zhang Fei continued, “Just now, Remonstrator Fan repeatedly mentioned new laws, believing that Academician Wang’s actions were to protect his New Policies. I find this a very shallow and ridiculous view.
He actually defined the court’s new laws as Academician Wang’s private property—how absurd! As a pen-in-cap, I too pay close attention to the new laws, but this does not mean I enjoy studying Academician Wang’s private possessions. I have no such peculiar interest.
I pay attention to the new laws because they are policies the imperial court is about to promulgate. Laws belong to all under heaven, are closely related to every citizen, and represent the imperial court as well. I do not know whether Academician Wang has such intentions, because there is no evidence to prove this point. But what I want to say is that even if he did, ensuring the implementation of the imperial court’s policies—is this not precisely Academician Wang’s duty?
But one thing can be proven: if there were no pamphlets, Su Shi’s remarks would have drawn the court’s attention but would not have caused unrest. If there were no pamphlets, Song Minqiu’s opposition would have gained everyone’s understanding and support, but would not have made him a defendant.
This prohibition precisely ensures that everyone can freely discuss current politics without worrying about the consequences that might ensue.
The premise of ‘speakers bear no guilt’ is that speech must have boundaries. Without rules, nothing can be accomplished—the same applies to speech. Song Minqiu clearly knew nothing about this and deliberately obstructed it, using behavior that was both childish and damaging to national interests to satisfy his own desires. His every action meets the criteria for the crime of bewitching the masses, and as an official, his punishment should be increased by one degree.
Therefore, I humbly request Your Honor to sentence him to death by hanging.”