national surname chiming

Chapter 11 Awe-inspiring and upright

Faced with Shen Shuren's one-sided words, Zhang Xuezeng certainly would not listen to them directly, but continued to ask the suffering master Dong Liang what he said.

Dong Liang is an old man in his 50s and [-]s, and his current acting skills are quite good and he complains:
"I'm wronged! Miss Dong has been in debt for many years, and she owes a lot of money from many families. Since the death of the mistress of the Dong family, my family has been helping to deal with those creditors. Miss Dong has clearly made an agreement with my family to pawn the housing committee. Quality, there is a secret agreement first, and we hope to find out!"

Zhang Xuezeng was a magistrate of painters, and he didn't know much about the details of these complicated laws. After weighing it, he discussed it with his master.

Xu Youliang, a famous criminal master, offered his advice in a low voice: "Master, the fact of the murder in this case is clear, and both parties have no objection. The key is how to determine whether the Dong family's embroidered village belonged to the Dong family or the Cai family at the time of the crime." , It still belongs to the Shen family.

As long as the name is correct, as long as the name is certain, it is easy to judge whether it is a person who breaks into a private house and hurts someone eager to protect the owner, or deliberately robs and beats someone's life. "

Zhang Xuezeng also asked in a low voice: "Then you tell me, according to Daming law, was the Dong family's embroidery village considered Shen's at that time?"

Xu Youliang: "This naturally requires the master to check the testimony of both parties about the buyer, the deed of the mortgaged house, and the neighbors in the village."

Zhang Xuezeng nodded, followed by a tedious judicial investigation procedure.

In the end, as Shen Shuren expected, according to the "Law of the Ming Dynasty", the Dong family's embroidery village was basically handed over to the Shen family at that time.

The reason for adding "basically" is because there is still a little bit of flaw that can be defended.

After reading the contract between the two parties, Dong Liang was already ashamed, but the hatred of losing his son also made his thoughts explode, and he grabbed the last straw in desperation:
"Please check carefully! According to the "Law of the Ming Dynasty", even though the deed between my family and Mrs. Dong has not been witnessed by the neighbors in the village, the deed of my family is the first after all. Mrs. Dong knows this well, and she made a deed with the Shen family. At that time, wouldn't you tell the Shen family?

Therefore, the Shen family did not "know that there was another buyer in advance", but a deliberate and deliberate deception.This is what they set up!How can everything that follows be determined by 'the head of the household's eagerness and impromptu intention'? "

After Zhang Xuezeng heard this defense, he was also entangled in his heart, and asked the teacher again, not wanting to give up on such a big case.

And Xu Youliang also had to remind: If it can be proved that the Shen family was not "negligent" and did not know that the young lady of the Dong family had already made an appointment with someone, but "knowingly committed a crime", then according to the "Law of the Ming Dynasty", they have to bear part of the crime.

Translated in the language of later generations, it means that "creditor's rights shall not be against a third party", and that must also be a "good faith third party".If it is a third person who knowingly commits a crime, he is not protected.

"Da Ming Law. House Law" is not as detailed as the later civil law on this issue. It does not explain why "notarized contracts are preferred", but directly gives a conclusion. The reason behind it can only be reasoned by the judicial personnel themselves.

Just when the quarrel between the two sides temporarily fell into tension, it was finally Gu Yanwu's turn to exert force.

Gu Yanwu had a guest role as Shen Shuren's litigator today, but he hadn't shown the opportunity before.

Only after he obtained Zhang Xuezeng's permission, he began to speak impassionedly:
"Please check clearly, Dong Liang's defense on the grounds that their family's secret agreement was first, not only violates the "Law of the Ming Dynasty", but also violates the way of a sage. He said that Shen Lin knew about it in advance and did it deliberately, and it is pure speculation and slander .

Zhu Zi said: When a rabbit walks along a road, ten thousand people chase it.One person gets it, and the rest stop.Gaiyan confirms rights and responsibilities, determines disputes and stops disputes.Women and farms all over the world, if they seem to have no owners, and no neighbors expressly have other disputes in the village, it is like a hare in a road.

As long as the buyer thinks it is profitable, he can buy it decisively.If you have to check repeatedly, wouldn't it be a lost opportunity?Who else dares to trade with others? "

When Zhang Xuezeng and his master heard it, it really made sense.

Business opportunities are like chasing hares. They are fleeting and fleeting. Gu Yanwu quoted Zhu Zi’s words as an analogy, which immediately made them understand the sage’s truth behind the clause "notarized contract is the first" in "Law of the Ming Dynasty" .

It turns out that this is for the sake of justice and justice, to settle disputes and stop disputes!

Of course, these words are "Zhu Zi said", which is actually a bit far-fetched.

The other people present were not smart enough to hear the twists and turns.

Only Shen Shuren, who designed the case, secretly praised Gu Yanwu for his quick wit and quotations after listening to it.

These remarks are actually a comment made by Sima Guang in the original text of "Zi Zhi Tong Jian".But Sima Guang's Confucianism status was not high enough, so Gu Yanwu didn't invite him.In the Southern Song Dynasty, Zhu Xi wrote the "Compendium of Zizhi Tongjian". He did not modify these few sentences, but directly copied Sima Guang's words.

Gu Yanwu did not say that it was Sima Guang who said it, but that it was Zhu Xi who said it. The steps for Zhang Xuezeng were much smoother.

"Leave a guy who has read thousands of volumes by my side to help me annotate and find evidence for what I have to do. It seems to be quite useful. I remember that Gu Yanwu also failed in the imperial examinations in history. It seems that he gave up after the provincial examination. , when the time comes, take advantage of this case to thank him again, and it would be nice to invite me to be my teacher."

Shen Shuren thought to himself that he already had the idea of ​​making Gu Yanwu an official staff member.

He himself is good at stratagems, but reads too few ancient books.It is absolutely necessary to find someone to help him polish and whitewash many dark strategies, combining both name and reality.

On the other side, Dong Liang was still clumsy, trying to make a final resistance, but they were easily disintegrated.

Just listen to Gu Yanwu talking eloquently and chasing after the victory: "Mencius said, the way of the people is also, those who have a permanent property have perseverance, and those who don't have a permanent property have no perseverance. If you have no perseverance, you will do anything to avoid evil and extravagance. If you fall into a crime, and then Punishment is to ignore the people. How can there be a benevolent person in power, who can do anything without the people!

My "Law of the Ming Dynasty. Law of the Household" strives to have a deed of mutual covenant and punish private deeds, which is the meaning of Mencius' constant production and perseverance.As the saying goes, if the name is not right, the words will not go well, and if the words don't go well, things will fail.

As for Dong Liang's claim that Mrs. Dong knew about it, she should have informed Shen Lin, but Shen Lin did not know about it—the students didn't think it was strange, because the content of the contract signed by Mrs. Dong, Dong Liang and Shen Lin was different.

Please take a closer look at these two contracts - Dong Liang asked Miss Dong to discuss marriage secretly during the funeral, this is against filial piety, Miss Dong naturally dare not obey, at most it is just forced by the situation, false and obedient.

Shen Lin's contract only stated that Mrs. Dong was required to use her future labor to repay the debt, and did not involve marriage or serving others with color, so it would not violate filial piety for Mrs. Dong to openly agree.In ancient times, filial sons and filial daughters often had the righteous deeds of "selling one's body to bury one's father and one's mother".

Miss Dong was just overjoyed for a while, and forgot the previous appointment.Even if there is a breach of the contract, it is only necessary to charge Dong Liang to pay back Dong Liang's money according to the "Law of Household Law". The ownership of Dong Xiaoniang and Dong's embroidery village is unquestionable! "

After listening to Gu Yanwu's eloquent argument, Dong Liang, the sufferer, was completely dumbfounded, and could no longer say a word of defense.

Even Zhang Xuezeng, the prefect, was a little excited when he heard it, and almost thought that he was making a name for himself by judging the case.

yes!This matter is beyond words, and Dong Bai is nothing more than a "breach of contract", and if she breaches the contract, she will lose money according to the household law!Who did Cai Shouxin break into what house!
Zhang Xuezeng hurriedly checked, and then found that Dong Liang and Cai Shouxin and his son hadn't actually paid much foreign debts for Dong Bai in the past few years.

Therefore, it is difficult to determine the "actual loss suffered by Dong Liang's family due to Dong Bai's breach of contract" if they want to verify it. They didn't actually pay any money, so what is there to lose?
Such villains who are suspected of bullying the old master's orphans and widowed mothers would be fine if they didn't investigate thoroughly, so even the link of losing money was easily exposed after some torture.

It is very good that Shen Shuren didn't pursue him to compensate the Shen family's injured servant for the decoction and medicine.

……

After the big case was settled, Zhang Xuezeng felt more at ease.

However, this case is quite bizarre. It is obvious that one party was killed or injured, but the defendant was not guilty in the end. In any case, this case must be reported to the Nanjing Ministry of Criminal Justice for a detailed review of the whole case.

After all, this judgment is very tortuous, and the difference between it and common sense cannot be explained in a few words.

Usually, the case is tried for one year, and it is not as complicated as the name and characterization.

When he returned to the back hall, he discussed with Xu Youliang how to proceed with the follow-up process, whether it should be slow or urgent.

Xu Youliang thought for a while, and considered: "Students can decide on the procedure, and the urgency needs to be judged by the master himself, as long as it does not violate the deadline of the Great Ming Law-to say something that shouldn't be said, it's not just about the law, it has to be done. Look at the meaning of all parties."

Zhang Xuezeng immediately understood that he had a certain degree of discretion in terms of the transfer deadline.During this time limit, when it is slow and sometimes urgent, you can see if anyone from all parties says hello!
This is a good time to secretly collect money.

"Then let's put it aside and see if anyone complains."

Zhang Xuezeng really did not wait in vain. Just two days after the case was closed, Shen Tingyang, the head of the household department, sneaked from Taicang to Wu County and begged to see Zhang Xuezeng privately overnight.

Shen Tingyang's official rank is two grades lower than that of Zhang Xuezeng, but when Zhang Xuezeng saw him, he was full of smiles.

This is the living god of wealth on the ground in Suzhou!His son committed a crime, even if he is innocent in the end, he can get a lot of money!

Shen Tingyang didn't hide it, and said directly neither humble nor overbearing:

"Brother Zhang has been bothered about the case of Gouzi. These ten ginsengs from North Korea should be used to soothe the mind and refresh the mind of Brother Zhang. There is also 2000 taels of silver, which should be used to buy some nourishing medicinal materials produced elsewhere.

Shen has always lamented the stubbornness of the dog, and only asked Brother Zhang to enforce the law strictly and impartially as soon as possible, without giving me face-and, this matter is after all a melon field.Although Shen's request was impartial, it was a bit of courtesy in private after all, and he was afraid of outsiders' comments. He also asked Brother Zhang to keep the matter of Shen's visit a secret from anyone. "

The last half of Shen Tingyang's sentence, in fact, if it is just for keeping secret, there is no need to say it at all.

After all, who would spread the word about cash registers?Why don't you poke your head into the tiger's mouth?

But Zhang Xuezeng is also a good person. Hearing what he said, he has already realized that Shen Tingyang is playing for real!It's not about playing charades with him and saying polite words!
What he said "quickly, strictly, and impartially enforce the law" probably meant that he really wanted to send his son to the Nanjing Ministry of Criminal Justice!
Zhang Xuezeng was dumbfounded and didn't react for a long time.

Tiger poison doesn't even eat children!

"Brother Shen Xian... Did I hear you right?" Zhang Xuezeng couldn't help but ask.

Shen Tingyang looked upright: "Shen has always been impartial and selfless, killing relatives righteously."

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PS: The fixed update time will start tomorrow, one update at 8:5 am and one update before [-]:[-] pm.

(End of this chapter)