Chapter 313: Drawing the Sword and Discussing the Merits

The officials who watched the rain under the corridor seemed to feel a sudden strange atmosphere in the hall, turned their heads and glanced into the hall, only to see the long history of Kou Qing Palace leaning on several cases, holding a glittering silver fish talisman in his hand, with the rhythmic ups and downs of the five fingers. The fish talisman jumped and tumbled nimbly between his fingers, flashing into his palm, and then appearing on the back of his fingers.

Zhao Hui sat on a couch on the left side, leaning on a round cushion behind his back, lifting his robe with both hands, and cocking Erlang's legs, and Su Changfeng, the imperial envoy on the right, made the same movements as him almost at the same time. Lower side. The two officials carried a few cases and quietly put them down, put away the four treasures of the study, and a clerk sat down behind the cases......

The hall is like a silent movie, with only action and no sound.

When the movements were still, Yao'er turned her palm, and the silver fish talisman jumped from her fingertips to the palm of her hand, she put the fish talisman back into the silver fish bag, sat up straight, and said to Zhao Hui and Su Changfeng: "Which of the two adults will express it first?" ”

The two were polite, and Zhao Hui, the Shangqing Yuan, who tried the case first, made a closing statement.

Zhao Hui coughed and said, "Ximen Yi came to collect debts, but Chang Lin was unable to repay. The two sides had a quarrel, and there was a fight, and during the dispute, Chang Zhiyuan helped his father commit murder and killed Ximen Yi, the facts were clear, and the parties also confessed. Our Great Qi Law stipulates that if the father is beaten by a person and the son rescues him, causing a person to be disabled, the crime of fighting will be reduced by three degrees according to the ordinary law. Whoever dies shall be beheaded according to the usual law! Therefore, this official thinks that Chang Zhiyuan should be sentenced to death! ”

Su Changfeng glanced at Yao'er, saw that Yao'er was sitting still, and knew that he was waiting for him to speak. If he speaks. must refute the Shangqing Court and recommend commutation. Although it is still a step away from Yao'er's acquittal, there are similarities after all. Inevitably, it is equivalent to helping Yao'er.

But now Yao'er was silent, so he had no choice but to speak. In his mind, the commutation of the sentence can be played a little from a moral point of view, as for the acquittal, but it is inevitable that the punishment is too lenient, for now, it is better to refute the common enemy of the Imperial Envoy and Kou Qing Palace, Shangqing Yuan, and then deal with Yao'er, the idea is certain, so he said:

"The effect of the decree. It's about preventing violence. The role of filial piety lies in enlightenment. Chang Zhiyuan saved his father, which was filial piety rather than violence. Chang Zhiyuan is young and can understand the truth of filial piety, isn't this because of the merits of the imperial court's education? "The Royal System" says that the principle of the five punishments must be the relatives of the father and the son; The righteousness of "Spring and Autumn", the original heart is condemned!

Today's long-term life is the emperor's wind, and the young charm is filial piety! We should punish the evil and promote the good! Chang Zhiyuan deserves death even though he kills people. However, he is still in his childhood and can know the way of father and son, if he is ordered to pay for his life, it may be contrary to the righteousness of filial piety in the imperial court. Therefore, the official thinks that the crime should be reduced by one degree. In this way, filial piety is demonstrated. And punish lawlessness, the best of both worlds! ”

The book on the side is hard to write. The pen wrote down the basis of the officials' punishments one by one.

Zhao Hui retorted: "Chang Lin owes debts first, and it is unjust. Simon Art asks for debts. Chang Lin refused, and there was a quarrel, it was just an ordinary fight. Chang Lin's son helps his father to commit murder, if filial piety is used to cover it up and reduce his punishment, in this way, if there are evildoers in the world, won't his son be able to help his father to abuse? ”

Su Changfeng raised his eyebrows and said, "You keep saying that Chang Lin owes debts first, which is unjust. Could it be that I forgot that on the night of Qixi Festival, Ximen Yi saw that he was deliberately gambling to lure Chang Lin? If it is said that it is unjust, Ximen Art is unrighteous first, why is Chang Lin alone to blame? ”

A smile flashed across the corners of Yao'er's mouth, and he knew that when these two people competed, they would definitely talk about who was at fault first. The Imperial Envoy had set up a trap for her. As long as she sympathizes with the Chang family and wants to atone the guilt of the Chang family's father and son, she can only be used by the imperial envoy. Now, she is even more radical than the Imperial Envoy, and the Imperial Envoy's set has become for themselves, as long as they still insist on their own opinions. It is inevitable to stand with Yao'er at this point.

The rain continued to fall outside the hall, and it was getting heavier and heavier. In the hall, Zhao Hui, who represented the Shangqing Yuan, and Su Changfeng, who represented the imperial envoy's platform, also became more and more intense, and the two of them said all the reasons they could say.

At this time. Yao'er, who had been sitting silently, suddenly interjected: "This official thinks that what the imperial envoy said is reasonable!" The law is determined by love, Ximen Yi is interested in seeing the color, plotting misdeeds, the death of Cheng's wife, Ximen Yi is to blame. After that, he set up gambling to deceive people, deceived each other in front of the spirit, and such evil deeds were hated by God and hated by ghosts, and he had his own way of death! ”

Su Changfeng said: "So, does Changshi agree with my opinion of the Shangqing Academy?" ”

Yao'er immediately shook her head and said: "The little woman agrees with the opinion of the Shangqing Yuan that Ximen Art is unrighteous first and has its own way to die, but in terms of sentencing, it is different from the Shangqing Yuan!" ”

He looked at Zhao Hui and Su Changfeng, and said loudly: "The law is nothing more than reasonable. Love and law are mutually important. So who's lighter and who's heavier? When is it light and when is it heavy? When will ethics and morality not be hurt because of serious law enforcement, and when will national criminal law not be ignored because of the importance of ethics and morality? ”

She looked left and right, and said: "This is the responsibility of our judges, to distinguish between different situations, or the law is in the situation, or the situation is in the law, or the law is in the law, in order to seek harmony." ”

Su Changfeng immediately interjected: "I went to the Qing Court to recommend that the sentence be commuted." That's exactly what I think! ”

Yao'er immediately responded: "The Imperial Envoy can consider commuting the sentence based on this, and Yao'er agrees!" However, the reason why I insist that Chang Zhiyuan should be acquitted is reasonable! ”

She slowly stood up and said, "The law of the imperial court has always been a famous religion. So. When the elder and the inferior are scolded, beaten, injured, killed, etc., the inferior party bears more responsibility! If a parent beats a child, the child cannot sue the parent! If a parent kills someone, the child cannot sue him.

But if the mother kills the father, what should be done according to the law of our court? The two of them, who were well versed in the law, should know that at that time, whether they were grandmothers, stepmothers, or loving mothers, as children, they were no longer bound by the prohibition of children and grandchildren from suing their grandparents, nor were they bound by the prohibition of their children and grandparents, nor did they fulfill their obligations to speak for His Holiness, and they could and had to report them to the government!

My father is also an elder, and my mother is also an elder, so why is that? Because of the same family affection, the father is more important than the mother, so. In filial piety, the consideration of dignity and humility is added. The father's relatives are honored by the mother's relatives, so the mother kills the father. shall be prosecuted. Two adults, are you right? ”

Zhao Hui and Su Changfeng hesitated for a moment, and nodded reluctantly, the law of this dynasty is like this, and they can't argue with it.

Yao'er said again: "My Daqi law stipulates that if grandparents and parents are beaten, children and grandchildren will immediately beat each other, and if they injure each other, they will be punished by one degree reduced by the crime of ordinary assault. I'd like to ask both. Others beat their fathers and ancestors, and they can be punished by their own government yamen, so why does the law stipulate that children and grandchildren should immediately fight back to rescue the elder? ”

Su Changfeng said: "This is because as a descendant, you have the obligation to be filial to your elders. Seeing that the elder was beaten, but he didn't save him, he just waited for the incident to be reported to the government, what is the filial piety of a child? If the ethics of filial piety are abandoned because of the protection of the government, is the purpose of the legislation to corrupt morality? But ......"

Su Changfeng frowned. "But what does this have to do with what you and I are talking about?" Chang Zhiyuan saved his father, and my imperial envoy Tai took it for granted. It's just that saving his father was done out of filial piety, but at that time, he had to kill people to save his father. To kill is to break the law. Saving the father is filial piety, so the imperial envoy took a compromise strategy and suggested that the sentence be commuted. What's wrong? ”

Speaking of which, the two of them unconsciously. has already left the Shangqing Yuan aside. Originally, it was three topics such as capital crime, commutation of sentence, and innocence, but under the skillful inducement of Yao'er. The death penalty has been put aside and turned into a battle for commutation and innocence.

Yao'er said: "I give this example to illustrate that the law is established by people, so it cannot be perfect, there are always some problems that were not thought of when the law was established, when the law is obviously contrary to morality and ethics or even reasonable, it is ridiculous to blindly adhere to the law, and this is even contrary to the original intention of establishing the law." ”

Zhao Hui sneered: "Let your tongue be a lotus, it's just that you want to be exempt from the crime of Chang Zhiyuan!" The two things of etiquette and law, the king teaches Daduan. Long history, this murder case, if the person is released according to the rites, the law is useless! If it is according to the law, the murderer deserves death! Etiquette and law are both kings, how do you choose? ”

When Su Changfeng heard this, he hurriedly promoted his theory of commutation, and said: "So, if Chang Zhiyuan doesn't save his father, it is against filial piety." If you kill someone to save your father, you will use too drastic means, and if you don't punish it, someone will violate the law of the country in the future. Our imperial envoy advocates a light sentence, which not only demonstrates filial piety, but also makes people dare not break the law easily! ”

Yao'er said: "The two adults are also fallacious, it is a big fallacy. Why? On top of the law and etiquette, there is a trade-off between great righteousness and small righteousness. For example, my Great Qi Law stipulates that if someone commits a crime, if you know it and don't tell it, you are guilty! But when the offender is your grandparents or parents, you are guilty if you sue it, and that's because filial piety is involved.

When you see a foreigner sinning, you don't accuse it. He who saw your grandparents or parents sinning, and you were guilty, and you were to be hanged; However, if your parents or grandparents commit a major crime of treason, the rules change and you are acquitted. If you don't sue, you're guilty, why is that? ”

Yao'er glanced at them and said aggressively: "Why is it that the same grandparents and parents committed crimes, and the former sued you for guilt, because you are not filial." The latter doesn't accuse you of guilt? Because it's a rebellion! The victims of rebellion are thousands of families. Therefore, the filial piety of your family and surname must obey the public welfare of the people of the world.

It can be seen that when there is a conflict between law and morality and ethics, it is generally necessary to accommodate morality and ethics. However, this scope is limited to the law and morality between one family and one surname, and if the offender's crime harms the whole world, it is a serious crime of rebellion. Then the law should be placed above filial piety, and even children should sue him.

To sum up, whether it is the Fa or the Dao, the application depends on how effective it is for the people of the world. Chang Zhiyuan was eager to save his father, and killed people by mistake. It wasn't intentional to commit murder, he was doing filial piety, and the person who was harmed was only Ximen Yi, what did the killed do?

Seeing this, Ximen Yi set up a gambling game and forced Cheng to death. Chang's family, Chang Zhiyuan's grandmother, father, and mother were all victimized by Ximen Yi alone, and his actions hurt the heavens and reason! Chang Zhiyuan caused his death because of filial piety, and he should be forgiven, so. It is not only the filial piety of Changzhiyuan, but also the righteousness of the people of the world! ”

Zhao Hui said frankly: "In this way, the old woman of the Chang family who killed her daughter-in-law should also be exonerated from the crime, isn't this filial piety!" ”

Yao'er Zhengse said: "This is not filial piety!" Cheng's lady is young and strong compared to this old woman, but this old woman beat her to death, has she ever resisted? She has done her filial piety, after Cheng's lady was beaten to death, did her husband and son ever sue her? They didn't, so they did their filial piety as well.

Who is the accuser? The people in the market are also! The old woman of the Chang family was brutal and cold, obviously a traitor, and her son was of poor character, but she was angry with her gentle daughter-in-law for no reason and beat her to death. aroused the anger of the public, from the people in the market to Fangzheng, Wuhou, and then from Fangzheng Tianhou to Lin'an Mansion, this is righteousness, the righteousness of the world! ”

When Yao'er said this, she mentioned the spirit of dantian and sent the last sentence of her closing statement far away, that is, the officials scattered in the corridor of the copying hand heard it clearly: "If the law cannot encourage moral behavior, it is not a good law, and if the rule of law cannot encourage moral behavior, it is not good governance!" According to this, the official thinks that Chang Zhiyuan is not guilty! ”

Zhao Hui said in a deep voice: "I am against it!" ”

Su Changfeng also said angrily: "My imperial envoy is against it!" ”

"Then there is no way!"

Yao'er spread his hands, put on a soldier's posture, and said: "Since the three law divisions have their own opinions, it seems that the triage of the three divisions is inconclusive. Then ...... Something to do, submit it to the book, and let the prime ministers decide! ”

"Karala ......"

An autumn thunder sounded in the sky at the right time, marking a thrilling annotation for Yao'er's words. (To be continued......)