Stories/ 谐铎/ The Litigation Writers

The Litigation Writers

讼师说讼

SourceXieduo (Harmonious Warnings)
AuthorShen Qifeng
EraQing dynasty · Qianlong era, c. 1736–1798
Writtenc. 1790
SatireJusticeUnderworld
A blind old man dictates from a couch while his armless son writes with a brush gripped between his toes, petitioners waiting below, ink-wash painting
Illustration generated by AI, based on the ancient Chinese text.

South of the Yangtze there are many who love a lawsuit, and in the Wu country most of all. There was a certain father and son, greedy and sharp by nature, expert at drafting plaints.

One day they dreamed that ghost-officers hauled them to the hall of Yama. The king, leaning on his bench, tried the father first.

“Scholar, farmer, artisan, merchant — each has his fixed calling. Why do you write plaints?”

“Do I love litigation? People come at me with gold and silk. I make as if to refuse, and their eyes blaze at me with fire. I have no choice but to agree.”

Then he tried the son.

“This is your fault! If you had let me be born without hands, how should I write plaints?”

“What art do you carry, that you can turn black into white like this?”

“It is not hard. Liu Xiahui holding the woman in his lap — argue it as rape. Guan Yiwu receiving the fief of Pian — charge him under the statute for seizing fields and property.”

“That is making straight into crooked. What of forcing crooked into straight?”

“That is easier still. Proud Xiang killing his elder brother — it was obeying his father’s command. Chen Ping and his sister-in-law — call it reaching out to a drowning woman.”

“So be it. But what of the man who hears the case?”

“Deceive him along the grain of his own mind, and Yan Hui picking grain out of the dust was doubted by his master; Zengzi’s mother at the loom doubted her own son. And of those who sit facing south to judge, how many hold a bright mirror hung on high? Open them and close them; push them and watch for the gap. Multiply branches to dazzle them; bring in witnesses to entangle them. Meet an honest and kindly officer and work upon him; meet a greedy and cruel one and join with him. My art never fails.”

The king flew into a rage. He ordered the ox-headed warder to gouge out the father’s two eyes and to cut away the son’s two arms, and had the officers take them back.

When they woke, father and son were each as in the dream. It reached the ears of those in authority, who said that since the pair had suffered the retribution of the dead, plaints might at last grow fewer.

Some days later they sent a clerk to look. He found men come to file suits standing in a ring below the hall, holding gold and silk. The father sat cross-legged on a couch facing south, his eyes closed, muttering the words aloud for others to take down; and beside him his son had a desk laid across, and with a five-inch brush gripped between his toes wrote as though the wind drove it.

The clerk went back and reported it.

“Even if every district and county magistrate in the land were made a living Yama,” the man in authority sighed, “this breed still could not be rooted out. How fearful.”

The Duo comment: In the Changes, qian above and kan below makes 讼. The Image says: heaven and water move contrary. Alas — is the azure heaven itself then engaged in a lawsuit? I do not know whether those who make it their profession follow heaven or oppose it. And the line says: there is sincerity that is choked. Therefore he who wishes not to be choked must seek a master.

Original classical Chinese text · 原文

江以南多健讼者,而吴下为最。有父子某,性贪黠,善作讼词,一日,梦鬼役押赴阎罗殿,王凭案先鞫其父,曰:“士、农、工、商,各有恒业,尔何作讼词?”答曰:“予岂好讼哉?人以金帛啖我,姑却之,而目眈眈出火,不得已诺之。”继鞫其子,曰:“是汝之过也!使我生而手不仁,乌乎作状词?” 王曰:“尔等挟何术,能颠倒黑白若此?”曰:“是不难。柳下惠坐怀,作强奸论,管夷吾受骈邑,可按侵夺田产律也。”王曰:“是则诬直为曲矣!而拗曲作直则何如?”曰:“是更不难。傲象杀兄,是遵父命;陈平盔嫂,可曰援溺也。” 王曰:“是则然矣!其如听讼者何?”曰:“欺以其方,则颜子拾尘,见惑于师,曾母投杼,亦疑其子。况南面折狱者,明镜高悬有几人哉?排之阖之,抵之伺之,多为枝叶以眩之,旁为证佐以牵之,遇廉善吏挟之,贪酷吏伙之。我术蔑不济矣!” 王怒,命牛首抉其父双眼,而断去其子两臂,仍令鬼役押回。 比醒,父子各如所梦。闻于当事,谓若辈既遭冥谴,讼词汔可少息。越数日,命胥吏往瞰之,见赴诉者,捧金执币,环伺堂下。其父南向趺坐一榻,阖双眼喃喃口授,而其子旁横一几,以脚指夹五寸管,运写如风。胥吏归述之,当事者叹曰:“使州县尽作活阎罗,此辈亦不能除也。可惧哉!” 铎曰:“于《易》,‘干上坎下为讼’。象曰:‘天与水违行。’嗟乎!彼苍者天,乃亦为讼哉!吾不知为之师者,顺天乎?抑逆天乎?且其繇曰:‘有孚窒。’是故欲无窒者必求师。”

From 《讼师说讼》, Xieduo. Two pettifoggers explain their craft to the King of the Dead, are maimed for it, and go straight back to work.

Source. From Xieduo (Harmonious Warnings) (谐铎), by Shen Qifeng , c. 1790. The original text is in the public domain; this English rendering and the accompanying notes are original work.
Where this fits in the universe: Filing With Heaven: How to Send a Document to a God

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