In the face of Shen Shuren's one-sided words, Zhang Xuezeng, of course, would not listen to it directly, but continued to inquire about the statement of the bitter master Dong Liang.

Dong Liang is an old man in his forties and fifties, and his acting skills are quite good at shouting injustice:

"Wronged! This little lady Dong has been in debt for many years, and she owes a lot of money. Since the death of the mother of the Dong family, it has always been my family to help cope with and resist those creditors, and the little lady Dong has obviously agreed with my family to commission the house, and there is a secret agreement in advance, and I hope to investigate! ”

Zhang Xuezeng was a painter prefect, and he didn't know much about the details of these complicated laws, so after weighing them, he learned from his master.

Xu Youliang, the master of the criminal name, quietly helped: "Master, the fact of this case is clear, and both parties have no objections, the key is how to determine whether this Dong family embroidery village belonged to the Dong family, the Cai family, or the Shen family at the time of the crime."

As long as the name is certain, it is easy to determine whether it is a private house and a person who hurts someone to protect the owner's heart, or a deliberate snatch and assault on people's lives. ”

Zhang Xuezeng also quietly asked: "Then you should tell me, according to the law of the Ming Dynasty, was this Dong family embroidery village considered the Shen family at that time?" ”

Xu Youliang: "This naturally requires the master to check the deed of the two parties about the buyer, the pawn house, and the testimony of the neighbor's township." ”

Zhang Xuezeng nodded, and then there was a cumbersome judicial investigation procedure.

In the end, as Shen Shuren expected, according to the "Da Ming Law", the Dong family embroidery village was basically delivered to the Shen family at that time.

The reason for the addition of "basically" is that there is still a slight flaw that can be defended.

After reading the deed between the two parties, Dong Liang was already dead, but the hatred of losing his son also made his thoughts explode, and he grabbed the last straw in a hurry:

"Please take a look! According to the "Da Ming Law", even though the deed between my family and Dong Xiaoniang has never been witnessed by the neighbors, my family's deed is first after all. Little lady Dong knows this, when she signed a contract with the Shen family, wouldn't she tell the Shen family?

Therefore, the Shen family did not 'know that there was another buyer in advance', but knowingly committed and deliberately defrauded. This is their game! How can everything that follows be determined by 'the heart of the head of the household and the temporary intention'? ”

Zhang Xuezeng listened to this defense, and his heart was also entangled, and he asked the teacher again, not wanting to settle the truth on such a big case.

And Xu Youliang also had to remind: If it can be proved that the Shen family is not "negligent" and does not know that the little lady of the Dong family has made an appointment with someone first, but "knowingly committed it", then according to the "Da Ming Law", he will have to bear part of the guilt.

To translate it in the language of later generations, that is, "the creditor's right shall not be used against a third party", and it must also be a "bona fide third party". If it is a third party who knowingly commits the crime, it is not protected.

"Da Ming Law. The "Household Law" is not as detailed as the civil law of later generations on this issue, and does not explain why "notarial deeds take precedence", but only directly gives a conclusion, and the principle behind it can only be reasoned by the judicial personnel themselves.

Just when the dispute between the two sides was temporarily in a tug, it was finally Gu Yanwu's turn to exert his strength.

Gu Yanwu made a cameo appearance as Shen Shuren's lawyer today, and he hadn't had a chance to show it before.

I only heard him get Zhang Xuezeng's permission and began to make a generous statement:

"Please investigate the government, this Dong Liang defended on the grounds that their family's secret agreement was in advance, which not only violated the "Da Ming Law", but also violated the way of the sage, he said that Shen Lin knew in advance and deliberately did it, which is pure speculation and slander.

Zhu Zi said: A rabbit goes away, and ten thousand people chase it. One person gets it, and the rest stops. It is important to confirm rights and responsibilities, and to resolve disputes and end disputes. The women of the world and the houses of the fields, but if they seem to have no owner, and there are no neighbors in the township to express that there is another dispute, it is like a hare in Qu.

As long as the buyer thinks it is profitable, he can buy it decisively. If you have to check it repeatedly, wouldn't you miss the opportunity? Who else dares to trade with others? ”

When Zhang Xuezeng and his master heard it, it really made sense.

Gu Yanwu quoted Zhu Zi's words as an analogy, and suddenly let them understand the sage truth behind the clause of "notarization contract first" in the "Da Ming Law".

It turns out that this is for the sake of justification and settling disputes!

Of course, this remark is "Zhu Zi said", which is actually a bit far-fetched.

The other people present were not intelligent enough to hear the clever twists and turns.

Only Shen Shuren, who designed this case, secretly praised Gu Yanwu's urgency and wisdom after listening to it.

These words are actually a comment made by Sima Guang in the original text of "Zizhi Tongjian". But Sima Guang's Confucian status was not high enough, so Gu Yanwu did not cite him. In the Southern Song Dynasty, Zhu Xi wrote the "Compendium of Zizhi Tongjian", but he did not revise these sentences, and directly copied Sima Guang's words.

Gu Yanwu didn't say that Sima Guang said it, but said that Zhu Xi said it, and the steps for Zhang Xuezeng were much smoother.

"Keeping a guy with more than 10,000 books by my side to help me annotate and find evidence for what I want to do, it seems to be quite useful. I remember that Gu Yanwu also failed to take the imperial examination in history, and it seems that he gave up after the township examination this time, and when the time comes, he will take advantage of this case to thank him again, and it is not bad to recruit me as a master. ”

Shen Shuren secretly thought in his heart, and he had already moved the idea of making Gu Yanwu an official staff.

He was good at scheming himself, but he read too little ancient books. It is absolutely necessary to find someone to help him polish and whitewash a lot of dark stratagems, and to do both the real thing.

On the other side, Dong Liang was still clumsy, trying to make the last resistance, but they were easily disintegrated.

I only listened to Gu Yanwu talk eloquently and pursued the victory: "Mencius said, the people are the way, those who have constant production have perseverance, and those who do not have permanent production have no perseverance." There is no perseverance, and there is no way to ward off evil and extravagance. and to be caught in sin, and then to be punished thereby, is to disregard the people. If there is a benevolent person in power, it can be done without regard to the people!

My "Da Ming Law. The "Household Law" strives to have a public deed and a private deed of punishment for the body of the house, which is the righteousness of Mencius's constant property and perseverance. As the saying goes, if the name is not right, the word will not go well, and if the word is not good, it will not be done.

As for Dong Liang's saying that Dong Xiaoniang knew and should have informed Shen Lin, but Shen Lin really didn't know - the students didn't think it was strange to think about this matter, because the content of the contract signed by Dong Xiaoniang and Dong Liang and Shen Lin was different.

Please take a closer look at these two contracts - Dong Liang asked Dong Xiaoniang to secretly discuss marriage during the mourning period, this matter is against filial piety, Dong Xiaoniang naturally did not dare to obey clearly, at most she was only forced by the situation, and she was false and wronged.

Shen Lin's contract only stated that Dong Xiaoniang was required to repay the debt with future labor, and did not involve marrying or serving Israel, so Dong Xiaoniang's public permission was not against filial piety. As long as the sale of one's body is not to marry and entertain, but to sell labor as a contract, why not?

Mrs. Dong just fell from the sky for a moment and forgot about the previous appointment. Even if there is a breach of the contract, it is only necessary to pay back Dong Liangyin's money according to the "Household Law", but the ownership of Dong Xiaoniang and Dong's embroidery village is undoubted! ”

After listening to Gu Yanwu's eloquent arguments, the bitter master Dong Liang was completely dumbfounded, and he couldn't say a word of defense anymore.

Even the prefect Zhang Xuezeng was a little enthusiastic when he heard it, and he almost thought that he was judging the case in the name of teaching.

That's right! This matter is said to be the first thing to do, Dong Bai is just a "breach of contract", and the breach of contract will make her lose money according to the household law! Cai Shouxin robbed who broke into what house!

Zhang Xuezeng hurriedly checked, and then found out that Dong Liang and Cai Shouxin, father and son, had not actually paid much foreign debt for Dong Bai in the past few years, but they were just delaying there to block the creditors.

Therefore, if you want to verify the "actual losses suffered by Dong Liang's family because of Dong Bai's breach of contract", it is difficult to define, they did not actually give money, what is there to lose?

Such a villain who is suspected of bullying the orphan daughter and widow of the deceased owner is not bad if he does not investigate thoroughly, so even the link of losing money is easily exposed after some torture.

Shen Shuren didn't pursue him to compensate the Shen family's injured family for the cost of soup and medicine, which was very good.

……

After solving the big case, Zhang Xuezeng's heart was also a little more relaxed.

However, this case is rather bizarre, it is clear that one party killed and injured people, but the defendant was not guilty in the end, and this must be reported to the Nanjing Criminal Department and the whole case for detailed review in any case.

After all, this verdict is very tortuous, and the difference between it and common sense cannot be explained in a few words.

Cases that are usually tried for one year are not as complicated as the nominal characterization.

When he returned to the back hall, he discussed with Xu Youliang how to go through the follow-up process, whether it should be slow or urgent.

Xu Youliang thought for a while and considered: "This procedure can be considered by the student, and the urgency needs to be dealt with by the master himself, as long as it does not violate the time limit of the Daming Law - to say something that should not be said, this is not just looking at the law, but also depends on the meaning of all parties." ”

Zhang Xuezeng immediately understood that he had a certain amount of discretion in terms of the transfer period. During this period, you can see if there is anyone to say hello from all parties!

This is a good time to collect cash secretly.

"Then put it aside for now and see if anyone appeals."

Zhang Xuezeng really didn't wait in vain, only two days after the case was closed, Shen Tingyang, the head of the household department, secretly rushed to Wu County from Taicang, and privately asked to see Zhang Xuezeng overnight.

Shen Tingyang's official rank is two grades lower than Zhang Xuezeng, and when Zhang Xuezeng saw him, he was full of smiles.

This is the living god of wealth on the ground in Suzhou! His son committed a crime, and even if he was not guilty in the end, he would be able to raise a lot of money!

Shen Tingyang didn't hide it, and said directly without humility or arrogance:

"Brother Zhang bothered about the dog's case, and these ten branches of Korean ginseng should give Brother Zhang a soothing mind and making up for his mental strength. There are also two thousand taels of silver, which should be used to buy some medicinal herbs produced elsewhere to nourish.

Shen has always lamented that the dog is stubborn, and he only asks Brother Zhang to enforce the law quickly and strictly, impartially, and not to give me face - also, after all, this matter is a melon field and a plum. Although Shen's request is selfless, after all, there are some courtesies and exchanges in private, and he is afraid that outsiders will talk about it, and he also asks Brother Zhang to keep Shen's visit secret, no matter who he is. ”

Shen Tingyang's last half of the sentence, in fact, if it is just for secrecy, there is no need to say it at all.

After all, who would publicize the matter of cashiering? Don't you probe into the tiger's mouth?

But Zhang Xuezeng is also a human spirit, and when he said this, he has realized that Shen Tingyang is playing really! It's not like playing dumb riddles with him and saying kind things!

What he said about "speedy, strict, and impartial law enforcement" is estimated to really send his son to the Nanjing Criminal Department!

Zhang Xuezeng was stunned and didn't react for a while.

Tiger poison doesn't eat children!

"Brother Shen Xian...... Did I hear me right? Zhang Xuezeng couldn't help but ask.

Shen Tingyang had a righteous face: "Shen has always been impartial and selfless, and he killed his relatives with righteousness. ”

——

PS: The update time will be fixed from tomorrow, one change at 8 o'clock in the morning, and one update before 5 o'clock in the afternoon.