Chapter 110 Three Ascending the Yellow Crane Tower-5

"People choose their own law, and each chooses what suits him?" Deng Su frowned and asked, "If Qingliu and Vulgar Yi are both in the same case, how can it be decided?" ”

"Crime and prison are easy to be mundane, but litigation is clear." Zhu Sen muttered, "Fighting for crimes is called prison, and the matter of crime and prison should be suspended and punished to be lenient to the people, and the matter of fighting for wealth and litigation should be based on customs and education, and it can be followed by the 'Clear Flow Law'." His tone was uncertain, Zhu Sen had always devoted himself to his studies, and he was not good at litigation matters. Sure enough, Chen Dong and Deng Su both showed disapproving expressions.

"Brother Zhu, if the matter of crime and prison is not lenient, it will not punish the evil and stop the evil, but promote the evil and suppress the good. In the midst of the lawsuit, there are even more deceits, and the so-called 'gentleman deceives him', how can he decide the lawsuit from the Qingliu Law. Brother Zhu, your wish is good, but this is absolutely impossible. Deng Su said categorically, and Chen Dong rarely nodded in agreement. Both of them have experienced states and counties, and they have some experience in the duel lawsuit and prison break, so they will oppose it. The two questioned this, and Zhu Sen also looked embarrassed.

"If the two overlap with the Qing Stream," Zhao Xingde interjected lightly, "You don't have to divide prison lawsuits, but you can consider its origin." ”

When he governed the Han people in Liaodong, he also went to the court to ask about the case, and he also reviewed the collection of laws and regulations according to the Xia State system, so he also had some experience. Zhu Sen's proposal also touched some of his thoughts, so he couldn't help but interject. Zhu Sen looked puzzled and asked, "How to test its origin?" Chen Dong bowed slightly, signaling that he had this question. Deng Su's eyes moved slightly, falling on Zhao Xingde.

"If you start a lawsuit for violating another person, you will follow the law of the clear stream; If it starts from the conclusion of the contract, then it follows the law of custom. ”

Zhao Xingde said slowly: "Mencius said, if you are good, you will help the world, and if you are poor, you will be good alone." Punishment cannot force people to do good. The essence of punishment is only to help others to keep the 'good'. So that people can be self-disciplined, keep 'good', and the world is not far away. The first is that a person who abides by the common law violates the law and violates the law of the clear stream, which is a violation of the 'goodness' of others. If a foreigner enters our land without cause, he shall be punished according to the laws of our country. Therefore, even those who abide by the law should be severely punished by the law of clear streams; Those who abide by the law of the clear stream infringe on those who abide by the law and the law, which not only harms the "goodness" of others, but also the "goodness" of self-discipline. The difference is that if the two laws violate each other and the contract is made, the lawsuit and prison sentence should be based on the contract between the two parties. After Zhao Xingde finished speaking, he was silent, and Zhu Sen and Chen Dong looked pensive.

"If that's ......"

"Adultery is an act of violation," Deng Su muttered, "If there are people who abide by the same customs and law, according to the criminal system of this dynasty, men and women should be imprisoned for one and a half years, and if women have husbands, they should be imprisoned for two years." And those who keep the law of the clear stream are forbidden to commit adultery, and those who commit adultery are men with fifty rods, and women with thirty rods; If there is a husband, a woman, the husband is not guilty of killing, and the man is beheaded and abandons the city. If a woman is under the age of twelve, the woman shall not be guilty, and the man shall be beheaded and abandoned. If the vulgar is easy to infringe on the clear stream, then follow the clear stream method. If the clear stream violates the vulgar customs, it is also from the clear stream method. Fifty for men and thirty for women; If there is a husband, a woman, the husband is not guilty of killing, and the man is beheaded and abandons the city. If a woman is under the age of fourteen, the woman shall not be guilty, and the man shall be beheaded and abandon the city if he has a husband. Is that so? ”

"This ...... Yes," Zhao Xingde hesitated for a moment, nodded his head, and said, "The lawsuit that starts with the contract is to understand the true meaning of the contract between the two parties. Between the clear streams, the gentleman does not speak, but makes a covenant, and swears no repentance. And between the vulgar and the easy, it is necessary to set up a letter and draw a pledge. However, between Qingliu and Vulgar Change, the Vulgar Law shall prevail, and if there is no written evidence, it is determined that there is no contract between the two parties. ”

"Not bad. The friendship of gentlemen can be the same as that of flies and dogs. Chen Dong nodded slightly. Among the maritime merchants of the Song Dynasty who lived in Fuzhou, there was indeed a practice of valuing faith and righteousness, saying what they said and not needing to be based on written evidence, and they could often make a big deal in one or two sentences. And those businessmen who are not faithful enough must set a note. The text on the note must also be scrutinized word by word, so as not to leave a legacy of trouble.

"Good! Great goodness! "Deng Su's case is amazing." In this way, it is not just a matter of getting what each has in his place. ”

"What the ritual law protects is neither a clear stream nor a vulgar one, but the 'goodness' of the hearts of the people in the world. The good will have good rewards, and the evil will have evil consequences, and in the long run, there will be more and more people who have tempered their temperance. Infringement from the clear stream, contract from the vulgar, this law is great! "When he is in charge of the Ministry of Etiquette, he naturally hopes that the more people who strictly abide by the etiquette and law, the better. The excitement was overflowing, and then, Deng Su's face turned cold again, and he muttered, "However, if people really choose their own laws, most of the real Qingliu will choose the "Song Rite Law" and self-discipline, and Wu Zilong's reputation will inevitably rise. Could it be that we also have to be bound by the "Song Rite Law" written by him? Chen Dong's face was also gloomy, "Song Rite Law" has really become a "clear stream method", then Wu Zilong's reputation must be unique for a while. The next time the academic government elected the prime minister, Wu Zilong is the person who everyone expects.

"Shaoyang, how about we also compile a 'Clear Stream Law' that is against the Song Rite Law?"

"Hmm......" Chen Dong pondered for a moment, frowned and sighed, "How easy is it to talk about?" Wu Zilong has been compiling the "Song Ritual Law" for a long time, and his ritual law has included the ancient and modern. Ahh If you choose your own law, I am afraid that you will have to abide by the "Clear Stream Law", and you will not be in the company of "vulgar and easy". Deng Su frowned and thought about it, and also sighed. Wu Zilong himself is an extremely tempered person, and he has a very accurate grasp of the words, deeds, and etiquette that Qingliu admires. If the Ministry of Rites wants to compile a new "Etiquette Law", compared with his "Song Etiquette Law", if it is more strict, it will be too impersonal, and if it is more relaxed, it will be disgraceful.

"In this matter, the bell must be tied to the bell." Zhu Sen opened his mouth and said, Chen Dong and Deng Su looked at him suspiciously, Zhu Sen smiled and said: "If you don't want to make a mistake, in my opinion, you can take the meaning of the "Gentleman's Country" written by Yuan Zhi, which is very different from Wu Zilong's "Song Rite Law", with the etiquette law and the laws of this dynasty, known as the "Gentleman's Law", you can compete with Wu Zilong's "Qingliu Law". The people of the Qingliu scholars in the world, or those who are dissatisfied with Wu Zilong's Xuanhe, or do not want to abide by the "Qingliu Law", can abide by the "Gentleman's Law". In this way, after the Great Rites Discussion, Wu Zilong's momentum will not be too high. After he finished speaking, he looked at the three of them with a smile, who knows, Chen Dong and Deng Su hesitated at the same time, Chen Dong's face was surprised, and Deng Su frowned. Only then did Zhu Sen realize that his proposal was inappropriate. He discussed the first draft of "The Kingdom of Gentlemen" with Chen Dong and Deng Su, and Chen Dong praised it, while Deng Su was noncommittal, just saying that Zhao Xingde was used to making novel theories. However, that's not the biggest problem. The etiquette law of this dynasty was compiled by Xia Chen, doesn't it mean that there is no one in this dynasty?

"Thank you Brother Zhu for your love, but Xingde is not qualified." Zhao Xingde took a deep breath of cold air, "The so-called way of a gentleman, I have debated with Brother Zhu many times, if the imperial court wants to compile the etiquette law, Brother Zhu is much higher than me, and he is worthy of a great responsibility." Dozens of officers who went south with me to stay in the division have discussed this way no less than a hundred times, and if Brother Deng and Brother Zhu lack manpower, they can be selected from among them. Xingde is Xia Chen, and the suspicion has not been cleared, so it is inconvenient to participate in it. ”

"Yuan Zhi......" Chen Dong sighed, Deng Su's expression moved slightly, and he didn't say anything to persuade after all.

"A few days ago, I read a newspaper in the palace that the imperial court and various states and counties are expanding and training new troops, and the total number of soldiers and horses is no less than 600,000, which is enough to protect the territory and the people." Zhao Xingde looked at a jackdaw outside perched on the dead branch of the ancient cypress in the courtyard, looking lonely and lonely, and a bitter smile appeared on the corner of his mouth, "Xingde, as a Xia Chen, was ordered to aid the Song Dynasty to resist Liao, and it can be regarded as a mission." The war between the Xia Kingdom and the Turks was protracted and at a critical juncture. I privately speculated that after returning to Kansai, the imperial court would send me to the river to lead the artillery battalion to participate in the battle. My family is in Guanzhong, if you still remember the old feelings, let Zhao's family reunite. His voice was low, Chen Dong and Zhu Sen were a little moved, and Deng Su also felt a little depressed in his heart. Whether Zhao Xingde can return to Xia Country or not, after all, he can't be rash.

Leaving the Marquis of Wuchang's Mansion, along the way, Chen Dong's expression was gloomy, and Deng Su was thoughtful. The two discussed, or to take precautions, Zhu Sen selected scribes from the Ministry of Rites, and then gathered people from among the officers recommended by Zhao Xingde, and began to compile the "Gentleman's Law" with the intention of "the way of a gentleman". Deng Su stabilized the situation in the Ministry of Rites, and while persuading the scholars one by one to postpone the issue of the "Song Rite Law" and delay the time, he released the news of Zhu Sen's compilation of the "Gentleman's Law", revealing the content of the "Gentleman's Law" little by little, and adding, deleting, and modifying the "Gentleman's Law" according to the discussions in the study and administration, so that by the end of the Great Rites Discussion, the "Gentleman's Law" and the "Song Rite Law" and "Vulgar Law" could be in full force.

"Shaoyang," Deng Su said after considering the words, "Yuan Zhi talent is rare, it's a pity." ”

"So what's the solution?" Chen Dong sighed, "You and I both know that most of those crimes are false. After all, I owe him a lot. If Yuan Zhi is unknown in Guanxi, it is good, and the court of the Xia State attaches great importance to him, and I took the command of Bianliang, and the Xia State immediately canonized him as the Marquis of Baoyi and worshiped the general. It is the same as that after Di Qing was captured, I deliberately crowned him with the title and treated his son favorably. As much Juelu as I can give him, Xia Guo will definitely give it too. Not only did it put Yuan Zhi up, but it was also the practice of buying horse bones, and I saw it as Junjie of the court. Alas, it's a pity that Yuan Zhi...... His wife and children are all in Guanzhong, and his flesh and blood are separated, I am sorry for him......"

"What I can give, Xia Guo may not be able to give."

Deng Su pondered for a moment and said in a low voice: "Your Majesty is also a cherisher, I heard that Yuan Zhi's wife was detained by the Xia Kingdom, so I moved my mind. Her Royal Highness the Sixteenth Eldest Princess, born to His Majesty's mother, has always been the most favored by the Emperor. If Shaoyang does not object, His Majesty will marry Yuan Zhi and leave him in Kanto. After all, he is a Song person, and good birds choose trees to perch on......"