207 Law (2)

Everyone discussed, with the current talent of Fengzhou to create a law, this is not easy, the application of the "Da Ming Law" is indeed a shortcut, but Ortai is right, Fengzhou has missed the opportunity to implement the "Da Ming Law", the beginning of the business may be, but now it is a little late - Fengzhou to implement no nobility, no slavery, freedom and equality, as well as agriculture, animal husbandry and industry and commerce, the concept of the same race and different customs has been deeply rooted in the hearts of the people, and it is more difficult to go back.

"Da Ming Law is not the choice of Fengzhou." Datong Senator Zhu Yiqian finally spoke, and as soon as the words came out, Li Huai and Du Hongtai, who were looking at him vigorously, were disappointed - the implementation of the "Da Ming Law" in Fengzhou and the inclusion of it in the palm of his hand in one fell swoop, of course, this is what the imperial court hopes the most, but the officials of the imperial court are definitely not stupid, how easy it is to implement the law of the Ming Dynasty in a barbarian land, this hot pie cannot be taken at least for now, maintaining the status quo and not making trouble is the best policy, Zhang Zongheng and Zhu Yiqian will never make trouble for themselves with a hot brain. Zhu Yiqian glanced at Li Yu and continued: "The law of my dynasty is profound and vast, and the cadres who are not proficient in the law cannot understand it. How many students are there who study the law? Is it not a misfortune for the law to be used in vain if it is not understood? ”

Li Yu's face was a little red, Zhu Yiqian was telling the truth, there are too few literate people in Fengzhou, including him himself, who often make mistakes, and there are even more people who are illiterate in the Wei So's reasoning, judgment, and jury, not to mention using the "Da Ming Law" to judge the case, and you can't learn it even if you teach it with your ears.

Li Fugui said slowly: "The "Da Ming Law" is not a good law, Emperor Taizu thought that the law was established and should not be changed lightly, so that his descendants would abide by it, and the ministers had a slight discussion to change it, that is, to sit on the crime of changing the ancestral system, so the "Da Ming Law" has been inherited from generation to generation, and did not dare to change it lightly. Since the Hongzhi Dynasty, it had to promulgate the "Punishment Regulations" to adapt it, and later the dynasties also compiled precedents and edicts to the world to make up for their shortcomings. For example, the execution of Ling Chi included in the main punishment is more extensive than that of the previous dynasty, and the prisoner himself Ling Chi, his grandfather, father and son, grandson, brother and cohabiting people, regardless of the surname and the son of uncle and brother, regardless of the same nationality, can be beheaded over the age of 16, and there are miscellaneous punishments in addition to the main punishment, and its tyranny and cruelty are sensational, such as the Zhu clan, cannon branding, peeling, chopping fingers, flail, etc., and the punishment of the court staff is the extreme, and the Ming Emperor can wantonly be the court staff to blame the minister, He takes his subordinates as slaves? Taizu's first crime of treachery is a laughing stock through the ages, its intention was to prevent ministers from forming a party and endangering the imperial power, but unexpectedly forced the courtiers to form a party to protect themselves, and the traitorous party hats flew all over the sky, and the disaster of the Ming party struggle was even worse than that of previous dynasties. "Da Ming Law" is not the law of governing the country and the country, it is actually the rule of the Zhu family's gatekeeper house, and the decline of the Ming Dynasty today actually starts from the "Da Ming Law", do you still want to implement the "Da Ming Law" in Fengzhou? ”

Li Fugui's words frightened everyone, and the voices against the application of the "Da Ming Law" were endless, and Zhu Yiqian was silent again, Fengzhou's rebellious words and deeds have always existed, and he has long been used to it, so he didn't see it or listen to it, and occasionally he complained about it. He was originally born in a move, and he only became a senator when he was over fifty years old, and he can retire and return to his hometown in a few years, so why bother looking for trouble. What interests Zhu Yiqian is Li Fugui, this person claims to have made a living by copying books in the past, and he was poor and poor before he lived outside the customs, not to mention anything else, such a capable person, it is not surprising that he entered the court as an official, but he has to say that he is a blind stream, and the ghost believes it, Zhu Yiqian feels that this guy is a fugitive from the imperial court.

"Recently, I have studied the history of the scriptures, and I have found that some of the ideas of the Yuan Law are very interesting, such as encouraging industry and commerce, burning and burying silver, making appointments, appropriately dividing civil and criminal punishments, and substituting laws for examples." Ortai began to boast of his ancestor - Da Yuan was also created in the bitter cold land, in the early days, in addition to a compilation of Genghis Khan's instructions "Da Zasa", basically also a state of lawlessness, after the unification of the world before the first law "Zhi Yuan Xinge", and later there were "Da Yuan General System", "Zhi Yuan Tiaoge", etc., Yuan Law inherited the Song law to encourage industry and commerce, the treasury was full and the burden of the people was greatly reduced, and the Yuan generation was able to truly implement light and thin endowments; The burning of silver will promote the commutation and atonement of the sentence to the people, and the people can pay the burning and burial silver to alleviate their crimes, which can not only reduce the abuse of the death penalty, but also appease the family of the bitter master; If an official hears a case involving a person of different race or origin, he or she shall summon the offender of the same race or nationality to submit a motion together to ensure the fairness of the punishment; For example, the military department was prohibited from accepting civil disputes, the government generally refused to take the original defendant into custody, and the elderly and weak allowed them to hire someone to represent them in litigation, and so on, greatly alleviating the suffering of the people in prison litigation.

Ortai also admitted that the law of the Great Yuan was indeed rough and disorganized, mainly replacing the law with precedents, and the law enforcement was too lenient, but it was not capable of making laws, and it was better to decide cases than to be able to follow them, isn't this the current situation in Fengzhou! Perhaps learning from Yuanlu is the way out for Toyosu to solve its dilemma.

As soon as Ortai's words fell, he was opposed, and Du Hongtai immediately said: "No, the Yuan law implements the difference between the noble and the lowly of all ethnic groups, with its Mongolian monopoly, oppresses other ethnic groups, and uses the expulsion system to enslave the people, and its punishment is also barbaric and cruel, which is incompatible with my Fengzhou governance policy, and the state of the Central Plains has always respected the rule of law, and the law is far superior to the Yi people, especially the Ming Dynasty's exquisite legislation, how can the big judgment be refined and seek tyranny?" ”

"How can it be so simple, the so-called difference between the high and the low also depends on the person, the Mongols enslaved the Han people, but there were also Han people who sold the Mongols as slaves in the Yuan Dynasty, have you heard of it?" Ortai shook his head, glanced at Du Hongtai and continued, "In fact, the law has always been made by powerful people, and its intention must be to protect their own power, the Han people are among the great Yuan magnates, and they can also enslave others, and once the Mongols are poor and declined, they will inevitably be enslaved, you Han people drive us away and replace the Zhu family of the same clan as the emperor, isn't it better?" Ming Taizu said that the law of the Yuan is too lenient, so it is necessary to govern the country with might, the Ming Dynasty has killed and oppressed the tyranny of the people is especially better than my Meng Yuan, the legislation is exquisite but does not seek goodness, so what is the benefit of governing the country according to law and the country and the people, the Ming Dynasty today is a clear proof. ”

Du Hongtai was angry, and immediately stood up to argue with Ortai, the officials of Fengzhou were also divided into two factions, and they quarreled with each other, and the original topic of Fengzhou law became the dispute between Ming law and Yuan law, Han law and Yi law, Zhu Yiqian was like an outsider, and quietly chatted with a few rough people who listened to it drowsily. Li Yu glanced at Du Wenhuan and Zhao Ji, and took the opportunity to sneak out of the lobby, Ma Guangyuan and Terig immediately followed behind their butts, leaving a group of civil officials to make a big noise.

"Why didn't Du Shuai say a few words?" Ma Guangyuan yawned and asked Du Wenhuan.

"I'm a military attachΓ©, I'm too lazy to listen to their, let's go about our own business." Du Wenhuan replied - he was impatient for a long time, Da Ming himself became a mess of porridge, Du Hongtai and Li Huai, the guys who read dead books, still went to hold the stinky feet of "Da Ming Law", and Ortai, which pot is not opened, can the Han people accept the Yuan Law? If it weren't for the newcomer's inconvenience to speak, he really wanted to scold everyone present.

Fengzhou officials argued day and night in the lobby, quarreling for several days, Li Yu, Zhao Ji, Du Wenhuan and others hid in the praise painting and ignored them, they were still concerned about the movements of the Jin army, Titangsi transferred the information from Bak, and there were signs of a large-scale assembly of the Jin army and various Mongolian tribes in the Xilamulun River, but the direction of the attack was difficult to determine. After discussing with the painting office, it was decided to order the Manhan Mountain battalion and the four guards garrison to assemble 500 infantry soldiers for training in the name of temporary training, and then recruit 500 elite cavalry to go to Yemachuan to hand over to Zhao Ji for training.

At this time, Na Mu Er and Han Lin arrived at the Barbarian Mountain, Li Yu was overjoyed, personally out of the camp to greet, now is the time to use people, that Mu Er is smart and studious, loyal and credible, is a veteran of Fengzhou entrepreneurship, although Han Lin has not known for a long time, but he has only learned people, and is familiar with the art of Western learning and construction, both of them are rare talents, they can come at this time, it is tantamount to sending charcoal in the snow.

"Why didn't Father Gao come, how is his old man doing?" Li Yu asked as he walked, and led the two into the study.

"Father Gao is old, and he has fallen ill after running around for a long time, so we sent him to Jiangzhou to settle down before we came, otherwise it would have arrived a long time ago," Han Lin said and entered the study, opened a wooden box, took out the items in it, and said to Li Yu with a smile, "Father Gao has always been worried about Dashuai, and he will definitely come when he is well, and Father Tang Ruowang of Jingshi also admires Dashuai very much, and he wants to meet you when he has the opportunity." ”

Na Mu'er unwrapped the silk cloth and said to Li Yu proudly: "Hanmin, take a look, Father Tang, Father Gao and gifts, you must like this clairvoyant, and this clock, which is also exquisitely made, is produced thousands of miles away from Taixi, and there is nowhere to buy it if you have money in the Ming Kingdom." ”

Li Yu was excited like a child, stroking the gift and couldn't put it down: "Great, thank you two priests for me, this clairvoyance is more beautiful than the old horse's, how can it be extended?" Hey, the pony in the clock will run on its own, won't it get tired? ”

Han Lin explained to Li Yu the use of clairvoyance and table clock, and then shook his head and said: "Taixi's technique of making utensils is extremely exquisite, and it is not something that can be done by skilled craftsmen who are familiar with Western studies and exquisite craftsmanship, and I don't know a lot of the truths. ”

Li Yu had enough of the new toys before he sat down and talked to Han Lin and Namur about the legal dispute that was taking place in Fengzhou, Fengzhou was like a country within a country, and governing the country according to law was an inevitable trend, and it was impossible to continue to be lawless, so he asked Han Lin for advice on how to solve this problem.

"The Law of the Ming Dynasty is definitely no longer usable, the decay of the Ming Dynasty today has proved that its law is flawed, and the Yuan Law is too rough, it is absolutely undesirable to openly use the clan to oppress the alien race and provoke the people of a country to hate each other, as for the laws of the Tang and Song dynasties that are inconsistent with the current situation, there is no need to consider it," Han Lin pondered for a while before he said slowly, "Maybe it is meaningless to discuss the law, governing a country or a place, the law is just a surface, what kind of governance policy is the fundamental, and the governance policy is in line with the will of heaven and the people, For example, if the country is the private property of one family, a clan or a gang, it will inevitably seek the country for personal gain, which will lead to confusion in the law, the dispersion of the people's minds, and eventual defeat. ”

A bright light flashed in Li Yu's mind in an instant, and he got up excitedly and saluted Han Lin: "Sir, the disciple has been taught, if Mr. does not give up, please stay in Fengzhou for the time being, so that the disciple can ask for teaching sooner or later." ”

Han Lin smiled and nodded, Li Yu was even happier, and pointed to Na Mu'er and said, "Xinsheng, you can stay with me to assist in government affairs, and don't leave again this time." ”

As he was talking, Wu Xian came and whispered a few words in Li Yu's ear, Li Yu's face changed, and he asked Na Mu'er to accompany Han Lin to the lobby to discuss matters first, and he hurriedly went to the praise painting office.

Buck came back, his face tired, almost unsteady, and he sat down on the chair with the help of Zhang Shi'an. Li Yu entered the official room, Zhang Shi'an immediately reported that the Jin army finally moved, and after Buck got the news, he took two entourages, each with three horses, and ran for seven days and seven nights to rush back to report the news.

"I saw with my own eyes, the Jin army is coming to the Xing'an Mountains, the leader is the Great Khan of the Jin State, the number is about forty or fifty thousand people, almost everyone has horses, the Mongolian rebels also carry a large number of cattle and sheep, the commander, this time I will not go anywhere, I will follow you to fight." Buck coughed as he spoke.

"Good brother, go back and rest for a few days, and I'll take you to fight this battle." Li Yu held Buck's hand and replied, and then asked Zhang Shi'an to take Buck down to rest.

"Yuzi, it's time for us to ******, and the army in the pass must also retreat immediately, leaving us with little time to prepare for war." Du Wenhuan said softly, Li Yu nodded, and went to the lobby immediately with Du Wenhuan, Ma Guangyuan, and Terig.

In fact, the lobby of the Grand Commander's Mansion was not as noisy as it was a few days ago, and in the end, everyone began to compromise with each other. Li Yu entered the lobby, and the officials who were still arguing noticed that the general had a different expression, and the hall immediately quieted down, and Li Huai briefly told Li Yu the harvest of the quarrel for several days.

Fengzhou must not be able to apply the "Da Ming Law" and the Yuan Law, and even want to adapt it will be opposed, Altan Khan's various rules because they contain thousands of years of experience and habits of the grassland, but they can be accepted by all parties, but it is too scattered and difficult to systematize, originally used to govern the grassland nomadic tribes, and today's Fengzhou can not match at all. Failure to follow is a practical problem, and the application of precedents has become a last resort, and the Supreme Law Division, as the highest-level judicial division, has the highest effect in its precedents, unless it is vetoed by the Council of the Grand Consulate, the legal divisions at all levels of the health office, the thousand households, and the hundred households are also subordinate to the rules of the superiors, and the precedents of the superior judicial divisions naturally become the basis for the decisions of their subordinates.

Ortai's proposal for an appointment was not adopted, but the original jury system in Fengzhou was improved, and in the future, if a person was questioned for prosecution, the judicial department would invite officials of the same clan or nationality or the elderly to jury and participate in the motion. Zhu Yiqian saw through the sinister intentions of this group of profiteers at a glance, and reminded his old friends to pay attention to this new trend.

"We are not able to make laws, and we cannot use what is ready, so we have to use precedents to decide cases, and over time there will be rules, which is better than not having one." Li Huai sighed and said.

"Fengzhou has no law, but it can follow the Heavenly Constitution," Han Lin said suddenly, he and Namur had already discussed with the officials for a while, "The freedom of Taoism and the equality of Buddhism are the comprehension of the will of heaven by the sages, and Li Shuai also said that there is no slavery, no nobility and cheapness, this is the Heavenly Constitution that can be followed." ”

"Confucius said benevolence, Mencius said righteousness, benevolence and righteousness should also be the constitution of heaven." Li Huai hurriedly added.

Confucianism advocates benevolence and righteousness, while Western religion Jehovah advocates benevolence, so it is better to summarize them together as benevolence." Han Lin said.

"The same race and different customs of the Lama are also the constitution of heaven." Ortai shouted.

"The protection of private property is a matter of course, and it should also be included in the constitution of heaven." Sun Tingyao said immediately.

"That's good, there is no nobility, no slavery, freedom, equality, benevolence, as well as the same race and different customs, and the protection of private property, this is the Tianxian of Fengzhou, and the law department will judge the case in the future." Li Yu waved his hand impatiently and said, and then pointed to Han Lin and Na Mu'er and said to everyone, "The two of them all know each other, I plan to appoint Na Mu'er as the assistant to the affairs of the Great Commander's Mansion, and to be in charge of the affairs of the Barbarian Mountain Battalion, and to grant Mr. Han as the counselor of the Great Commander's Mansion, which can predict major military affairs. ”

Na Mu'er is an old man in Fengzhou, and it is natural that he should be reused, although Han Lin is a newcomer, but he has the ability, Fengzhou's senatorial hat is already flying all over the sky, and it doesn't matter if he adds one, since the general nominatee, everyone has also agreed.

"Namur has been in charge of teaching, and the Ministry of Missions should also let him be in charge." Yun Rong shouted, he has the most work in the matter, and it would be good if he could get rid of it.

"Commander, I will do business, I don't know anything about work and construction, Mr. Han is familiar with Western learning of tools and construction, let him go to the Department of Industry and Commerce, and I can also be his deputy envoy." March shouted as well.

In the admiration of everyone, Namur added the title of missionary, and Han Lin was also added to the affairs of the Associate Department of Industry and Commerce.