Chapter 15: Crime and Punishment
[I am really glad that I didn't sleep when I wrote this chapter in "The History of China's Legal System", hehe......]
The next day, things were relatively simple, Lu Wen was slow to notice, and all the responses seemed pale and powerless.
The yamen was promoted, but it was not made public, Chang Hongzhao still had to give this face to the Lu family, as for Haifeng, just to practice the scale in his heart, he would be punished for doing something wrong, whether it was in broad daylight or whether he was admired or not, he didn't care.
Just as he had expected in his heart, the girl's father in Lujia Village found him last night and returned the bride price he had sent before.
Haifeng was a little sad, but it was only for a moment, it was a bit hypocritical to say that the sacrifice was a bit pretentious, and it was not possible to talk about regret, if you asked a cliché question, would you choose again if there was a chance to do it again...... Maybe!
Speaking of which, Haifeng is not the kind of person who is black and white, and people who can't tolerate sand in their eyes will not use some treacherous methods to punish a wealthy son who is not extremely vicious.
Haifeng pursues fairness and respects the law, but the justice in his heart is not bound by the rules and regulations of the imperial court law.
Lu Wengui was taken to court, in addition to the parents of the girl who hanged herself after being ruined by him, there were also Qian Jingwen and Wu Wenhong, Lu Hao didn't come, he didn't want Yingying to think of that unpleasant memory again, Xu Chen had his own way to solve this matter.
But just the Wu family and the Qian family are enough to make Chang Hongzhao recognize the situation!
Although he still couldn't figure out the purpose of the Wu family and the Qian family, Jiaxing was just a springboard for his Chang Hongzhao, and no matter how deep the influence of the Lu family was, it was only in Pinghu, but the Wu family and the Qian family were different.
The little friendship between him and the Lu family was only enough for him not to open the yamen and be kind to Lu Wengui when he passed the hall.
From the prison cell to the yamen, Lu Wengui's heart was full of resentment, thinking about how to kill Haifeng after he went out tomorrow, and Lu Hao and others who had beaten him the day before yesterday, and then played his so-called sister to death.
But after going to court, the shallow smile on Wu Wenhong's face, the indifference on Qian Jingwen's face, and the gloom and helplessness on his father's face made him stay for a while.
Lu Wengui is a smart person, because his intelligence and family situation make him look arrogant, but in other words, this is just a catharsis of confidence, and it cannot hide the light of his wisdom.
After just one glance at the situation in the hall, he buried the resentment in his heart deeply, and a cold chuckle appeared on his bandaged face, which sometimes pulled the wound, making the smile look a little strange and hideous.
It's just that except for the injured ordinary couple, the rest of the people in the court will not feel strange because of the smile on his face.
The whole process of the trial was mechanical and boring, Chang Hongzhao exercised his power as the chief official of a county so seriously for the first time, and for the first time, he meticulously made every step of the trial so that people had nothing to say.
Wu Wenhong's concubine was indeed taken captive, and after she was stunned, she hid in the backyard of Yixiao Building, and the woman who led the way was going to take Lu Wengui who was drunk, and then when he was about to do it but hadn't done it yet, someone would appear just right......
Wu Wenhong knew very well in his heart that this was not done by Lu Wengui, and he could guess who arranged this game in the back, but he was not angry, not at all!
Not to mention that the concubine has not been defiled, even if it is played with?
Someone took the lead, although they subsequently stopped, but for Wu Wenhong, it was not difficult to settle these loopholes.
This is what happened, all traces are there, Wu Wenhong took the lead again, although Chang Hongzhao wanted to exonerate Lu Wengui from this crime, but he was also powerless in the face of the evidence concocted by Wu Wenhong.
As for Qian Jingwen's joking accusation, as he said himself, he is not short of money, all he wants is an attitude!
In this way, it is naturally impossible for the Lu family to surrender their identity and abuse or make some meaningless arguments like a shrew, even if this kind of thing is sentenced, it is just a loss of money, Qian Jingwen wants to disgust the Lu family, so he will endure it for the time being.
A confrontation that should have been turbulent turned out to be boring and dull! Lu Wen lost the opportunity from the beginning, saw the situation wrongly, and secretly prepared for the worst, except for a gloomy face, he didn't say a word the whole time.
And Lu Wengui, who knew that he would never die because of this, also seemed quite cooperative in the court.
If you are wrong, you will be wrong, and if you lose for a while, you will admit defeat! The children of the great family have understood the truth of the future since a very early age.
The Tang Dynasty attacked the Sui Law, based on the "Kaihuang Law", and gradually revised and supplemented its own laws.
After Li Yuan became emperor, he relaxed the punishment at the end of the Sui Dynasty, "Gaozu has leveled the capital, and the law is twelve." But the murderers, robbers, outposters, and rebels shall die, and the rest shall be eliminated. ”
Subsequently, Taizong Li Shimin ordered the eldest grandson Wuji and others to revise the "Zhenguan Law", and so on until the second year of Gaozong Yonghui, the eldest grandson Wuji, Li Ji and others revised on the basis of the "Zhenguan Law", such as the original "Zhenguan Law" in the famous example of "words and reason", more "reasonable and harmful", and made a solemn explanation: "The old law is cloudy and reasonable, and now it is changed to a reasonable and harmful. In the end, the twelve volumes of the newly written rhythm were played, which was the "Yonghui Law".
In view of the fact that the central and local governments had different understandings of the legal provisions in the trial at that time, and there was no unified authoritative standard for the Ming law examination in the imperial examination every year, Tang Gaozong ordered the convening of legal generalists and some important ministers to interpret the "Yonghui Law" clause by sentence in the third year of Yonghui. Together, they were approved by Emperor Gaozong in October of the fourth year of Yonghui, and the proposal was attached to the legal text and promulgated. It is divided into 12 chapters, a total of 30 volumes, and is called "Yonghui Laws and Laws".
The first volume of the Yonghui Laws and Regulations, the first volume of the "Famous Laws", records the five punishment systems, from light to severe: flogging, rod, imprisonment, streaming, death, and five punishments.
Five articles of flogging are to be punished from 10 to 50 to 50 strokes, five articles of cane to 60 to 100 strokes, five articles of imprisonment to one year to six months to three years, three sentences of exile of 2,000 li to 500 li to 3,000 li, and two death sentences to hang and behead, and 20 to 20 deaths.
The aristocracy enjoyed the privileges of the law, that is, the "eight discussions", one was the discussion of relatives, the second was the discussion of the cause, the third was the discussion of the virtuous, the fourth was the discussion of ability, the fifth was the discussion of merit, the sixth was the discussion of nobles, the seventh was the discussion of guests, and the eighth was the discussion of diligence.
For example, officials above the fifth rank, as well as the crown princess, have made great contributions, if they commit a capital crime, the emperor needs to adjudicate it, and the crime will be reduced by one degree.
Grandparents, parents, wives, sons, and grandsons of officials above the ninth rank have committed the crime of exile and can be redeemed.
Hearing atonement means that those who are condemned to the punishment of flogging may pay money to atone for their sins. The method of redemption is ten pounds of brass for ten canes, and ten pounds of copper for a hundred rods. Since then, ten catties have been added, and in three years, sixty catties of copper will be ransomed.
Not all nobles enjoy this privilege, and they can't "discuss eight evils" if they commit "ten evils". Rebellion, rebellion, rebellion, rebellion, disrespect, disrespect, filial piety, disharmony, injustice, and civil strife are the "ten evils".
Those over 70 and under 15 and the disabled may be redeemed for crimes of miscarriage and under the age of 80, and those under the age of 10 and the disabled may be sentenced to death if they commit murder; and if they are involved in stealing and injuring others, they may be redeemed. Those over ninety years old and under seven years of age cannot be executed, even if they are guilty of a capital crime.
Specific to the case of Lu Wengui, of course, the death penalty is not enough, and the idea of "killing with caution" is implemented throughout the Tang Law, even Lu Wengui, the son of a family who does not know much about criminal law, also knows how difficult it is to kill a person by playing with the law on the surface.
Adultery and adultery are felonies, and the punishment is to be exiled, and suicide after being humiliated does not affect the establishment of the crime, and at most it is an aggravating circumstance.
Forcibly abducting a woman is considered a misdemeanor, and although there is a purpose of adultery and adultery, Tang Law does not pay attention to the purpose of the crime and the subjective state of mind at the time of committing the crime like modern criminal law, and since the result of adultery and adultery does not appear, the crime remains unchanged and can only be sentenced to imprisonment.
And the Lu family was prime minister more than 30 years ago, so the privilege of hearing redemption can be applied.
Chang Hong Zhaoming's law is not very scientific, but the free and specialized sword and pen officials in the yamen write the dossier and propose the crime and punishment to be sentenced.
Of course, that little official is a native of Jiaxing, even if Lu Wen didn't send someone to visit yesterday, it is impossible for this person to dare to offend the Lu family, a local wealthy family.
So Lu Wengui's final result came out quickly, without a single day of delay.
"Stream 2,000 miles, one and a half years in prison, ransom 30 catties of copper, and compensate the Qian family for losses, funeral expenses and medical expenses......"
The combined punishment of several crimes in the Tang Law is not above a single sentence and below the total sentence as in modern times, but is similar to the simple addition of the previous sentence as in Europe and the United States, and after exceeding the previous five sentences, it will be transformed into a more serious punishment.
The exile is 2,000 miles, but the location of the exile can be chosen, all the way down to the south is the sphere of influence of the southeast maritime merchants, and it is a good choice to go west and north, especially for Lu Wen, who has already made preparations.
Qian Jingwen and Wu Wenhong also didn't know much about Tang Lu, and Chang Hongzhao's final verdict was an extremely heavy punishment for them, who were accustomed to privileges.
If you do this, the favor that should be sent is almost the same, and one more is impossible on the bright side, and it is easy to form a mortal enmity with the Lu family. Forcing a famous family into such a situation for no reason will leave an unforgiving impression in the hearts of all wealthy families, which is absolutely not beneficial to any family.
In the face of the "so-called" punishment, Lu Wengui didn't care, since he didn't die, what was it to walk thousands of miles?