Faced with Shen Shuren's one-sided words, Zhang Xuezeng certainly would not listen directly, but continued to inquire about Dong Liang's statement.
Dong Liang is an old man in his forties or fifties, and he is very good at acting at the moment to cry out injustice:
"It's unfair! Miss Dong has been in debt for many years, and she owes money to many families. Since the death of the Dong family's mistress, my family has been helping to deal with and fend off those creditors. Miss Dong has obviously made an agreement with my family to pay for the mortgage. I have a secret agreement, so I hope we can find out clearly!"
Zhang Xuezeng was a painter prefect, but he didn't know much about the details of these complicated laws. After weighing the details, he discussed with his master.
Xu Youliang, the famous master of punishment, whispered: "Sir, it is clear that the murder was committed in this case. There is no objection from both sides. The key is how to determine whether the Dongjia Embroidery Village belonged to the Dong family or the Cai family at the time of the incident. , still belongs to the Shen family.
As long as the name is correct, it can be determined whether he broke into a house privately and hurt others and was eager to protect the owner, or whether he deliberately robbed someone and injured someone's life."
Zhang Xuezeng also asked quietly: "Then tell me, according to the Ming Dynasty law, the Dong Family Embroidery Village was considered to belong to the Shen Family at that time?"
Xu Youliang: "This naturally requires the master to check the testimony of both parties regarding the buyer, the deed of the mortgaged house, and the neighbor's village."
Zhang Xuezeng nodded, and then followed a complicated judicial investigation process.
In the end, it was just as Shen Shuren expected. According to the "Da Ming Law", the Dongjia Embroidery Village was basically handed over to the Shen family at that time.
The reason why I added "basically" is because there is still a slight defect that can be defended.
After reading the deed between the two parties, Dong Liang was already ashen-faced, but the hatred of losing his son also made his thoughts explode, and he grabbed the last straw in desperation:
"Please take a closer look! According to the "Great Ming Law", even though the deed between my family and Mrs. Dong has not been witnessed by the neighbors in the village, my family's deed comes first after all. Mrs. Dong knows this very well, and she made a contract with the Shen family When, wouldn't you tell the Shen family?
Therefore, it is not that the Shen family did not know that there was another buyer in advance, but they knowingly committed the crime and deliberately committed fraud. This is a trap set by them! 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. He asked the teacher again, not wanting to give evidence in 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 Dong family's young lady had already made an appointment with someone, but "knowingly committed the crime", then according to the "Da Ming Law", they will still have to bear part of the crime.
To translate it in the language of later generations, it means that "obligations may not be against third parties", and they must be "bona fide third parties". If it is a third party who knowingly commits a crime, it is not protected.
"Da Ming Law. Household Law" does not explain this issue in as much detail as later civil laws. It does not explain why "notarized contracts take precedence", but directly gives a conclusion. The principles behind it can only be reasoned by judicial personnel themselves.
Just when the dispute between the two sides temporarily fell into tension, it was finally Gu Yanwu's turn to exert his strength.
Gu Yanwu guest-starred as Shen Shuren's lawyer today, and he had not had the opportunity to perform before.
After getting permission from Zhang Xuezeng, he began to speak impassionedly:
"Please take a closer look at the government office. Dong Liang's defense on the grounds that their family had a secret agreement not only violates the "Laws of the Ming Dynasty" but also violates the way of the saints. He said that Shen Lin knew about it in advance and did it deliberately. It is pure speculation and slander. .
Zhu Zi said: A rabbit walks along a road, and ten thousand people chase it. One person catches it, and the rest are stopped. It is necessary to clarify the rights and responsibilities, and to determine the key to ending disputes. Women, fields and houses in the world, as long as they seem to have no owner, there is no one. If the neighbor's village expresses another dispute, it will be like a hare in the road.
As long as the buyer thinks it is profitable, he can buy it decisively. If he has to check it repeatedly, won't he lose the opportunity? Who else dares to trade with others? "
When Zhang Xuezeng and his master heard this, they found it very reasonable.
Business opportunities are like chasing hares, they are fleeting, and there are quick hands and slow hands. Gu Yanwu quoted Zhu Xi's words as an analogy, which immediately made them understand the sage's principle behind the "notarized contract first" clause in the "Da Ming Law" .
It turns out that this is for the sake of justice and settling disputes!
Of course, these words are "Zhu Zi said", which is actually a bit far-fetched.
Others present were not intelligent enough to hear the clever twists and turns.
Only Shen Shuren, who designed the case, secretly praised Gu Yanwu for his quick wit and extensive quotations after hearing this.
This remark was actually a comment made by Sima Guang in the original text of "Zi Zhi Tong Jian". However, Sima Guang's Confucian status was not high enough, so Gu Yanwu did not introduce him. In the Southern Song Dynasty, Zhu Xi wrote "Zi Zhi Tong Jian" "Jiangangmu", he did not modify these sentences and directly copied Sima Guang's words.
Gu Yanwu did not say that it was Sima Guang who said it, but said that it was Zhu Xi who said it. The steps for Zhang Xuezeng would be much smoother.
"I have a guy who has read more than ten thousand books beside me to help me annotate what I want to do and find the basis. It seems to be quite useful. I remember that Gu Yanwu failed in the imperial examinations many times in history. It seems that he gave up after finishing the provincial examination this time. , when the time comes, it would be a good idea to take advantage of this case to thank him again and recruit me as my master."
Chen Shuren secretly thought that he had already considered Gu Yanwu as his official staff member.
He himself is good at strategy, but he has read too few ancient books. It is absolutely necessary to find someone to help him polish and whitewash many dark strategies, both in name and in reality.
On the other side, Dong Liang was still clumsy, trying to make a final resistance, but he was easily defeated.
Just listen to Gu Yanwu talk eloquently and pursue the victory: "Mencius said, the people are the way, those who have permanent property have perseverance, and those who do not have perseverance. If you don't have perseverance, you will avoid evil and extravagantly, and you will do everything for your own benefit. If you fall into sin, then you will do it. To punish people is to ignore the people. How can a benevolent person be in power and ignore the people?
In my "Da Ming Code. Household Code", we strive to ensure that there must be public deeds for land and house ownership, and private contracts for punishment. This is exactly what Mencius meant by perseverance and perseverance. As the saying goes, if the name is not correct, the words will not go smoothly, and if the words are not right, the things will not be accomplished.
As for Dong Liang's claim that Miss Dong knew about it and should have informed Shen Lin, but Shen Lin did not know about it - the students found this not surprising, because the contents of the contract signed by Miss Dong, Dong Liang and Shen Lin were inherently different.
Please take a closer look at these two contracts - Dong Liang wants Lady Dong to discuss marriage secretly during the mourning period. This is against filial piety, and Lady Dong naturally does not dare to comply openly. At most, she is forced to do so by force of the situation.
Shen Lin's contract only stated that Mrs. Dong must use her future labor to repay the debt, and it did not involve marriage or sex. Therefore, it was not against filial piety for Mrs. Dong to openly agree to it. In ancient times, there were many filial sons and filial daughters. "Selling your body to bury your father, selling your body to bury your mother" is a righteous act. As long as selling your body is not a promise of marriage and sexual pleasure, but a promise of selling your labor, what's wrong with it?
Mrs. Dong was just overjoyed and forgot about the previous agreement. Even if there was a breach of contract, she only needed to return Dong Liang's money in accordance with the "Household Law". The ownership of Mrs. Dong and the Dongjia Embroidery Village was unquestionable! "
After listening to Gu Yanwu's eloquent argument, the sufferer Dong Liang was completely dumbfounded and could no longer utter a word of defense.
Even the prefect Zhang Xuezeng was a little excited when he heard this, almost thinking that he was doing justice to the glory of Mingjiao.
That's right! No matter what happens, Dong Bai is just a "breach of contract". If he breaks the contract, he will make her pay according to the household law! Cai Shouxin will seize whoever he wants and break into the house!
Zhang Xuezeng hurriedly checked, and then discovered that Dong Liang and Cai Shouxin, father and son, had not actually paid much foreign debt for Dong Bai in the past few years. They were just procrastinating and wrangling to fend off the creditors. They were so cunning.
Therefore, it is difficult to determine "the actual losses suffered by Dong Liang's family due to Dong Bai's breach of contract". They did not actually pay any money, so what did they have to lose?
It would have been a good idea not to investigate thoroughly for a villain who was suspected of bullying his former owner's orphaned daughter and widowed mother, so even the issue of paying money was easily uncovered after some torture.
It’s a good thing that Shen Shuren didn’t ask him to pay for the decoction and medicine for the injured servant of the Shen family.
…
After solving the major case, Zhang Xuezeng felt a little more comfortable.
However, this case is quite bizarre. It was obvious that one party was killed and injured, but the defendant was found not guilty in the end. This must be reported to the Nanjing Criminal Department for detailed review of the entire case.
After all, this judgment is very tortuous, and the differences between it and common sense cannot be explained in a few words.
Even cases that usually take a year to be tried do not involve anything as complex as nominal characterization.
Back in 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: "The students can consider this procedure. The master needs to decide the priority by himself, as long as it does not violate the time limit of the Ming Dynasty Law - what I shouldn't say, this is not just looking at the law, but also It depends on what each party wants."
Zhang Xuezeng immediately understood that he had certain discretionary power regarding the transfer period. Within this period, whether it is slow or 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 for now and see if anyone complains."
Zhang Xuezeng really did not wait in vain. Just two days after the case was concluded, Shen Tingyang, the head of the Household Department, secretly rushed to Wu County from Taicang and met with Zhang Xuezeng privately overnight.
Shen Tingyang's official rank was two ranks lower than Zhang Xuezeng's, but Zhang Xuezeng was all smiles when he saw him.
This is the living god of wealth in Suzhou! If his son commits a crime, even if he is not found guilty in the end, he can still make a lot of money!
Shen Tingyang did not hide it, but said directly without being humble or arrogant:
"Brother Zhang has been worried about Quanzi's case. These ten ginsengs from Korea should be used to calm Brother Zhang's mind and make up for his mental stress. I also have two thousand taels of silver, so I can buy some medicinal materials produced elsewhere to nourish me.
Shen has always lamented that dogs are naughty, and only asks Brother Zhang to be quick and strict, enforce the law impartially, and not to give me face - and this matter is a matter of course. Although Shen's request is selfless, after all, it is some courtesy in private, and he is afraid of being discussed by outsiders. Please also ask Brother Zhang to keep the matter of Shen’s visit a secret, no matter who he is.”
Shen Tingyang's last sentence was actually completely unnecessary if it was just for confidentiality.
After all, who would spread the word about the cashier? Why don't you stick your head in the tiger's mouth?
But Zhang Xuezeng is also a good person. When he heard what he said, he realized that Shen Tingyang was serious! He was not playing riddles with him and saying polite words!
When he said "quickly and strictly, and enforce the law impartially", he probably really wanted to send his son to the Nanjing Criminal Department!
Zhang Xuezeng was stunned and didn't react for a long time.
Tiger poison doesn’t even eat seeds!
"Brother Shen Xian...did I hear correctly?" Zhang Xuezeng couldn't help but ask.
Shen Tingyang looked upright: "Shen has always been impartial and selfless, and he will kill relatives for justice."
——
PS: The fixed update time will start tomorrow, one update at 8 am and one update before 5 pm.