Chapter 11 The Righteousness and Selflessness
Faced with the one-sided words of Chen Shuren, Zhang Xuezeng certainly would not directly believe it, but continued to ask about the statement of the miser Dong Liang.
Dong Liang is an old man in his forties or fifties. He is currently in a very good acting career and is calling for justice:
"It's unfair! This little lady Dong has been owed debts for many years and has owed many silver from many families. Since the death of the Dong family's mistress, my family has been helping to deal with those creditors. The little lady Dong has clearly agreed with my family to the qualifications of the housing commission. If there is a secret agreement, I hope to investigate it clearly!"
Zhang Xuezhe was once a painter and prefect, and he didn't understand these complex laws and regulations very well. After weighing the pros and cons, he discussed with his master.
Xu Youliang, the master of the Ming Dynasty, whispered a suggestion: "Master, the reality of the murder of this case is clear, and neither side has any objection. The key is how to determine whether the Dong family embroidery shop belongs to the Dong family, the Cai family, or the Shen family at the time of the incident.
If you have a righteous name, you will be justified. As long as you have a certain status, you can determine whether you are rushing into a private house, and the person who hurts others is eager to protect his master, or deliberately robbing and beating and killing people's lives."
Zhang Xuezeng also asked quietly: "Then you tell me, was the Dong family embroidery shop considered the Shen family at that time according to the Daminglu?"
Xu Youliang: "This naturally requires the master to check the contracts for buyers, the deeds of the houses, and the testimony of the neighbors."
Zhang Xuezeng nodded, and then there was a complicated judicial investigation process.
In the end, as Chen Shuren expected, according to the "Da Ming Law", the Dong family embroidery shop was basically delivered to the Shen family.
The reason for adding "basically" is because there is still a little flaw that can be defended.
After reading the deeds between the two parties, Dong Liang was already in a state of destruction, but the revenge of losing his son also made him think, and in desperation he grabbed the last straw:
"Please check it out clearly! According to the "Da Ming Law", even though the coupons between my family and Mrs. Dong have never been witnessed by neighbors, my coupons were first. Mrs. Dong knew this clearly. When she made a contract with the Shen family, wouldn't she tell the Shen family?
Therefore, the Shen family did not know that there was another buyer in advance, but was deliberately defrauding. This was a situation they set up! How can everything that follows be determined by the 'the owner of the household is eager to have a temporary intention'?"
After hearing this debate, Zhang Xuezeng was also confused and asked the teacher to tell him that he did not want to make a statement on such a major case.
Xu Youliang also had to remind: If it can be proved that the Shen family was not "negligent" and did not know that the Dong family's wife had made an appointment with others first, but "decisively committed", then according to the "Da Ming Law", you will have to bear some of the sins.
To translate it in the words of later generations, it means that "the creditor's right shall not be against a third party", and it must also be a "good intention third party". If it is a third party who knowingly commits it, it is not protected.
The "Ming Dynasty Law. House Law" is not as detailed as later civil law on this issue, and does not explain why "notarization contracts are preferred", but only gives a conclusion directly, and the principle behind it can only be reasoned by the judicial personnel themselves.
Just as the dispute between the two sides was temporarily in a pull, it was finally Gu Yanwu's turn to make efforts.
Gu Yanwu played Chen Shuren's lawyer today and had no chance to show off before.
After hearing that he obtained Zhang Xuezeng's permission, he began to speak generously:
"Please check clearly. Dong Liang defended his family's secret agreement first, which not only violated the "Da Ming Law" but also violated the ways of the saints. He said that Chen Lin knew about it in advance and did it intentionally, which was purely speculation and slander.
Zhu Zi said: A rabbit walks through the streets, and ten thousand people chase it. One person gets it, and the rest stops it. It is said that the rights and responsibilities are clear, and the points of disputes are determined. Women in the world, the land and houses, who seem to have no owners, and there are no neighbors and other disputes clearly indicate that there is another dispute, it is like a hare on the streets.
As long as the buyer feels profitable, he can buy it decisively. If he has to check it repeatedly, wouldn’t he lose the opportunity? Who else dares to trade with others?”
When Zhang Xuezeng and his master heard this, it really made sense.
Business opportunities are like chasing a hare, fleeting, fast hands and slow hands. Gu Yanwu quoted Zhu Zi's metaphor, which made them understand the saint truth behind the clause "notarization contract first" in the "Da Ming Law".
It turns out that this is for the sake of justification and conscience!
Of course, this statement is "Zhu Zi said", which is actually a bit far-fetched.
The others present do not have enough IQ and cannot hear the clever twists and turns.
Only Chen Shuren, who designed this case, secretly praised Gu Yanwu's quick wisdom after hearing this, and quoted it widely.
This statement is actually a comment made by Sima Guang in the original text of "Zizhi Tongjian". However, Sima Guang's Confucian status was not high enough, so Gu Yanwu did not refer to him. However, during the Southern Song Dynasty, Zhu Xi wrote "Zizhi Tongjian Sutra", but he did not modify these sentences and copied Sima Guang's words directly.
Not only did Gu Yanwu say it was Sima Guang but Zhu Xi say it, it would be much smoother to give Zhang Xuezeng the steps.
"Leave a commentary on what a guy who has read more than ten thousand books to help me do, and find a basis for it. It seems that it is quite useful. I remember that Gu Yanwu failed the imperial examinations many times in history. It seems that he gave up after the provincial examination. At that time, he took advantage of this case and thanked him again and was very good to recruit me as a master."
Chen Shuren thought to himself that he had already thought of Gu Yanwu because of his formal aide.
He is good at strategy, but he read too little ancient books. It is absolutely necessary to find someone to help him polish many dark strategies.
On the other hand, Dong Liang was still trying to make the final resistance, but it was easily disintegrated.
I only heard Gu Yanwu talk and pursue the victory: "Mencius said that the people are the way of doing things. Those who have constant property have perseverance, and those who have no permanent property have no perseverance. If they do not have perseverance, they will do everything if they are extravagant. If they are not perseverance, they will do everything if they are extravagant. If they are caught in the sins, they will punish them. This is a disregard for the people. How can there be a benevolent person in power and a disregard for the people?
My "Da Ming Law. House Law" strives to have a public contract for the land and house rules, and punish private contracts. It is the meaning of Mencius's constant property and perseverance. As the saying goes, if the name is not correct, the words will not go well, and if the words are not smooth, the things will not go well.
As for Dong Liang's statement that Dong Xiaoma knew about it, he should have told Chen Lin, but Chen Lin did not know about it. The students didn't think it was surprising, because the content of Dong Xiaoma signed a contract with Dong Liang and Shen Lin was different.
Please take a closer look at these two contracts - Dong Liang asked Mrs. Dong to discuss the marriage secretly during the mourning period. This matter was against filial piety, so Mrs. Dong naturally did not dare to follow it clearly. At most, it was just a matter of being forced to make a false conspiracy due to the situation.
Chen Lin's contract only stated that he wanted Mrs. Dong to repay his debts with future labor, and did not involve marrying or serving his wife with sex. Therefore, Mrs. Dong openly agreed that he would not violate filial piety. In ancient times, filial sons and daughters often had the righteous act of "selling themselves to bury their fathers, selling themselves to bury their mothers". As long as he sold himself, it was not a contract to marry and enjoy lust, but a contract to betray his labor. What's wrong?
Mrs. Dong was just happy that she fell from the sky and forgot her previous appointment. Even if she broke the agreement, she only had to ask her to refund Dong Liang's silver and money according to the "House Law". The ownership of Mrs. Dong and the Dong family embroidery shop is unquestionable!"
After listening to Gu Yanwu's eloquence, the miserable Dong Liang was completely stunned and could not say a word of defense.
Even the prefect Zhang Xuezeng was a little excited when he heard this, and almost thought that his judgment was to be a prosperous scholar.
Yes! This matter is a big deal, and Dong Bai is just a "breach of contract". If you breach the contract, please let her lose money according to the household rules! Cai Shouxin will take anyone to the house!
Zhang Xuezeng quickly checked, and then found that Dong Liang and Cai Shouxin and his son have not paid much foreign debt for Dong Bai in recent years. They just delayed the dispute and blocked the creditors there. They were simply not seeing a rabbit or a hawk, and they were too tricky.
Therefore, it is difficult to define the actual losses suffered by Dong Liang's family because of Dong Bai's breach of contract". They have not actually paid money, so what are the benefits of losing?
Such evil people who are suspected of bullying the orphanage of the former master, orphanage of the widow, would be good if they were not thoroughly investigated, so even the money-lossing process was easily exposed after some torture.
It would be great if Chen Shuren didn't pursue him to compensate the Shen family's injured servants for the decoction and medicine.
...
After dealing with the major case, Zhang Xuezeng felt a little relieved.
However, this case is quite bizarre. It is obvious that one party died and injured his life, but the defendant was not guilty in the end. In any case, it must be reported to the Nanjing Ministry of Justice for a detailed review of the case.
After all, this judgment is very tortuous, and the difference between it and common sense cannot be explained in just a few words.
Cases that are usually tried for one year do not involve as complex nominal definition.
When he returned to the back hall, he discussed with Xu Youliang how to proceed, whether to slow down or urgently.
Xu Youliang thought about it and considered: "Students can consider this procedure. The master needs to sever the emergency and sever the deadline for the Ming Dynasty. As long as it does not violate the deadline of the Ming Dynasty Law - to say something that should not be said, this is not just a rule, but also a matter of the meaning of all parties."
Zhang Xuezeng immediately understood that he had certain discretionary power in terms of the transfer deadline. During this deadline, it is time to slow down and urgent. It can be seen whether anyone from all parties say hello!
This is a good time to secretly collect cash.
"Then let it go and see if anyone complains."
Zhang Xuezeng didn't wait in vain. Just two days after the case was closed, Chen Tingyang, the head of the Ministry of Revenue, secretly rushed from Taicang to Wuxian and asked Zhang Xuezeng to meet overnight.
Chen Tingyang's official rank is two ranks lower than Zhang Xuezeng, but when Zhang Xuezeng saw him, he smiled all over his face.
This is the living God of Wealth on the ground in Suzhou! His son made a mistake, even if he was not guilty in the end, he could still earn a lot of money!
Chen Tingyang didn't hide it, and said directly:
"Brother Zhang has been bothered about the case of the dog son. These ten Korean ginseng are used to calm down and make up for your energy. There are still two thousand taels of silver, so you can buy some medicinal materials produced elsewhere to nourish them.
Chen has always lamented that his son was naughty and only asked Brother Zhang to be strict and enforce the law impartially, and not to give me face. Also, this matter is a matter of being selfless. Although Chen’s request is selfless, it is a private exchange of politeness, for fear that outsiders will discuss it. He also asked Brother Zhang to keep it confidential to anyone about Chen’s visit."
Chen Tingyang's last half of the sentence is actually not necessary if it is just for the sake of confidentiality.
After all, who would spread the word about cash collection? Don’t you look into the tiger’s mouth?
But Zhang Xuezeng is also a good person. After hearing what he said, he realized that Chen Tingyang is playing the real thing! He is not talking about polite words with him!
What he said, "Speed and strict, enforce the law impartially", probably because he really wanted to send his son to the Nanjing Ministry of Justice!
Zhang Xuezeng was stunned and didn't react for a while.
Even if the tiger poison is not eaten!
"Brother Chen... I heard it right?" Zhang Xuezeng couldn't help asking.
Chen Tingyang looked righteous: "Chen has always been impartial and selfless, and has destroyed his relatives for justice."
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PS: The fixed update time will start tomorrow, update at 8 am and update before 5 pm.
Chapter completed!