The Most Romantic of the Three Kingdoms

Second more. This is in addition to May 2nd.

——

Under the leadership of a village official, Gong Cao Shuzuo and Shi Xing found Xun Zhen by the field of Feiting.

There were many people on the field, most of them kneeling on the ground. Xun Zhen sat in front of them casually, with two or three people standing behind them with their swords in their hands.

This was the first time Cao Shuzuo had seen Xun Zhen. He saw that he was dressed simply, wearing only the most common linen robes, with a wrap on his head, cloth shoes on his feet, and a ring knife beside him. In terms of clothing alone, he was not much different from the villagers who were kneeling in front of him, but his appearance was clear and handsome. Although he just sat casually, he had a calm and calm demeanor.

He whispered to the village officials and the fashion: "This one sitting in front of the villagers is Xun Jun, right?"

The villagers and fashions nodded yes.

This master Cao Shuzuo stopped the car from a distance, got out of the car, and ordered the officials and soldiers to stay where they were. Then he walked slowly with the fashion, observed the scene in front of him, and said: "Xunjun seems to be closing the case? Let's not To disturb him, quietly go to the side and listen."

Fashion replied: "Yes."

The two approached the village official, just in time to hear Xun Zhen ask: "You said that this silk cloth is yours, and you said that this silk cloth is yours. Anyone will say empty-handed, where is the evidence?  … , how do you two prove that this cloth is yours?"

In front of the villagers, two people knelt and worshipped, one in his forties and the other in his thirties. Before the two of them, another silk cloth was placed on the ground. Fashion thought: "Xunjun is really trying to decide the case." He looked at the two of them, then looked at the cloth, and thought again, "It turned out that the two were fighting."

The man in his forties said, "Reporting to Xunjun, this cloth was woven by the little wife at home and was going to be sold in the county market. I didn't expect it to be snatched by this man on the road just now."

The man at Thirty-Fourth Five shouted loudly, kowtowed, and shouted: "The villain is wronged! The villain is wronged! Xunjun, this cloth is obviously woven by the villain's wife at home and is going to be sold in the county and city. , When the villain met this person, he said that he wanted to buy it, and the villain showed it to him, but he never expected that after seeing it, he suddenly said that this robe is owned by his family! I beg you to make a clear decision.”

Xun Zhen asked: "You all said that the cloth was stolen by the other party, is there any evidence?"

The man in his forties replied: "There were no pedestrians on the road at that time, just me and him. There was no witness."

The man at Thirty-Fourth Five also said, "There is no witness."

Xun Zhen asked again: "Since this is the case, you all say that this cloth was woven by Er's wife, and is there any evidence?"

Both said, "The little wife never stops weaving at home day and night, and the neighbors are all witnesses."

"When the two of you went out with your clothes, did anyone see it?"

"No one saw it."

The meritorious Cao Shuzuo, who was quietly listening to the case on the sidelines, heard this, frowned and thought, "This is difficult to do. Although I knew that one of the two people must speak the truth, but when they robbed the cloth There are no witnesses, and secondly, no one sees them when they go out with the robes, and the robes of the three are not comparable to livestock and furniture, and there are no marks on them, so how can we judge who is real and who is fake?"

Xun Zhen also looked embarrassed, touched the towel, and said helplessly, "No one was there to testify when you grabbed the silk, and no one saw you when you went out. How should I judge this?" She frowned and thought. After a while, he said, "Well, well, according to the market price, a piece of cloth is worth only a few hundred. You are arguing endlessly for this mere hundreds of dollars, and why bother me? Well, let's give this one a cent. For the second, each of you will take half, and I will give you another three hundred dollars each. How about it?"

The two who complained raised their heads in amazement, and the villagers who were listening were all dumbfounded. Fashion and the meritorious Cao Shuzuo looked at each other, and they both thought in unison: "In the case of no other way, it would be a good idea to conclude the case like this. It's just a pity that the traitor cannot be punished."

Xun Zhen didn't wait for the two to answer, pulled out the ring knife, and ordered Xu Zhong and Xiao Ren who were standing behind him to open the cloth, cut it in the middle, and gave half of it to the two of them, and then ordered Xu Zhong to take out 600 coins. Split equally between the two. After finishing, he waved and said, "Go, go." The two did not dare to express their dissatisfaction, they bowed, got up from the ground, took the silk and money, and left separately.

Gong Cao Shuzuo said: "Xunjun has concluded the case, let's go up and meet." Before he finished speaking, three more villagers appeared among the villagers sitting in front of Xun Zhen, one in his forties, one in his thirties, and one in his thirties. In his early twenties, he fell to his knees, and the man in his thirties said, "The villain, Wang Jia, from Benting Ferry, has a lawsuit to sue!"

Xun Zhen was not in a hurry to pay attention to him, but first glanced at the figures who had just complained that the two had gone away, then turned her eyes and said with a slight smile: "Don't worry, I have some trivial matters that I want my entourage to handle. , and they will listen to you when I finish my instructions."

He called Xu Zhong and Xiao Ren in front of him, motioned them to lean over, and said a few words in their ears. Xu Zhong and Xiao Ren were stunned for a moment, then nodded in agreement and turned to leave. - This is just a small episode, no one cares. After Xu Zhong and Xiao Ren left, Xun Zhen asked, "What do you want to sue?"

Wang Jia pointed at the man in his early twenties and said, "The villain will sue him for being unfilial and beating his father!"

As soon as this statement came out, everyone who heard it was shocked. The Han ruled the world with filial piety, and officially wrote the crime of unfilial piety into the law. Anyone who "beats their parents" is a serious crime. Just like "thieves kill their parents", they must abandon the market according to the law.

Xun Zhen was also startled, she sat up straight and looked at the three complaining. The man in his thirties had a black face and short beard, and the left cheek was swollen and red, looking like a scar. The man in his forties had a yellow face and long beards, a bag on his forehead, and a black right eye that also looked like a scar. Judging by his appearance, he was somewhat similar to the young man in his early twenties who was accused of "beating his father". After looking at it, Xun Zhen became suspicious and asked, "Why are you both bruised?"

The man in his forties knelt on the ground, leaned over and kowtowed, and said anxiously, "The little man's eyes were beaten by Wang Jia. ... Xun Jun clearly sees that the little man's son did not beat his father!"

Wang Jia shouted, "Cheng San, you said that your son didn't beat his father! Who beat the bag on your head?"

The man in his forties called "Cheng San" was extremely frightened and said, "This bag on the little man's head, this bag on the little man's head,..."

"What? You dare not say it? In front of Xun Jun, do you dare to lie? Tell Xun Jun, did your son beat the bag on your head?"

Cheng San didn't dare to argue, but kept kowtowing and said, "Xunjun, Xunjun, the son of the villain doesn't count as hitting me, it doesn't count as hitting me!"

Xun Zhen thought: "It seems that this young man is Cheng San's son, but why is it not Cheng San, but Wang Jia? Listening to what Cheng San said, Wang Jia clearly has a grudge against him. It's just a fight. It's weird." He calmed down and asked in a calm and pleasant manner: "Let me ask you, is this young man your son?"

Cheng San replied, "Yes."

"Wang Jia accused him of beating his father, is it true? Did he beat you?"

Cheng San babbled, and said, "I beat him once,..."

Wang Jia interjected and said, "What do you mean by 'hit is a hit'? You idiot clearly held a stick and smashed your head hard! ... Xun Jun, although the villain is a savage, he You know, even scolding your parents is a serious crime, let alone beating your father? How can such an unfilial son stand between heaven and earth? Please Xunjun quickly condemn him!"

Cheng San blushed, and anxiously said, "Xunjun, although the villain's son hit the villain, it was definitely not intentional."

Xun Zhen said in his heart, "Wang Jia sued Cheng San's son for beating his father, but Cheng San did not deny it. It seems that the matter is true. . '? Is it because you are afraid of his son being punished, so you hide it? Or is it because of something else?" He asked Cheng San's son, and said, "Did you beat your father?"

Cheng San's son had not spoken since he knelt down, his face was pale and trembling, probably because he was frightened by the charge of "beating his father". Hearing Xun Zhen's question, he stammered and replied, "Little, the villain hit."

"Is it beaten with a stick?"

"Yes."

"Do you know that 'beating your father' is a serious crime, and according to the law you should abandon the market?"

Cheng San's son was terrified and slumped to the ground, muttering, "Little, little man, little, little man." Cheng San was older and more courageous than him, and could not stop shouting, "Little man. The son is wronged, the little man is wronged."

"Cheng San, because you don't want your son to be punished, so you concealed and covered up? Although according to the law, 'getting the prime minister to hide', but this 'getting the prime minister to hide' is limited to children hiding their parents, wives hiding their husbands, Sun Ni's great parents. As a father, you hide your son's crime, which is 'parents hiding their children', but it is not within the scope of permission. According to the law, it is necessary to 'death to the death, and ask the Tingwei to hear about it'."

Xun Zhen noticed that Wang Jia heard this, and a smug smile appeared on his face. Cheng San's face was ashen, he kowtowed and said, "The villain's son did hit me, but he definitely didn't mean it."

"Oh? It's not intentional? How do you say this? You can explain it carefully."

"The villain and this king armor are from the same latitude. They have always been at odds with each other, and they often argue with each other. This morning, there was a quarrel again. When it comes to anger, the king armor punches me. The villain's son is right beside me, so he He stepped forward to persuade him to stop him. Wang Jia first pushed the villain's son away, then took out his slap, and came to stab me. The villain's son was in a hurry, so he picked up a wooden staff from the wall and wanted to hit him, but unexpectedly hit the villain on the head. superior."

"You mean that Wang Jia stabbed you with a knife. Your son wanted to hit him, but accidentally stopped you?"

"Exactly."

Cheng San pulled his son, and the two of them kowtowed again and again. He continued: "The son of a villain has always been filial, so how could he beat me? He beat me today, but it was not intentional. After I was hit, the king's armor shouted loudly, saying that my son beat me, He dragged us to the official temple to file a complaint. On the way to the official temple, I happened to see Xun Jun trying the case here. Since he did not dare to disturb him, he waited by the side and waited till now. …, Xun Jun, the son of the villain is really I was stopped because I missed, and I beg Xunjun to be kind and forgive him for his sins."

"I see!"

Gong Cao Zuoshi, who was in the audience, said to the fashion: "I don't know that this case has such twists and turns. ... Shijun, I heard that you are a talented disciple of the village father and grandfather Xuan Gong. The law, in your opinion, how should this case be decided?"

"'Burning the father' is a serious crime, because it is disobedient and unfilial, and the world does not tolerate it. But the reason why Cheng San's son beat his father was not because of unfilial piety, on the contrary, it was out of filial piety, to save him Father. This case, this case,  …”

"How is the case?"

Fashion pondered for a moment, remembered one thing, and said: "I remember that there was a case similar to this in "The Spring and Autumn Period" written by Dong Zhongshu of the previous dynasty."

"The Spring and Autumn Period" is a case book with a total of 232 cases. The whole chapter uses "the meaning of the "Spring and Autumn" to judge and convict the case, and takes the "Spring and Autumn" as the guiding ideology of judicial judgment, that is, "Conviction by definition". Compared with the orthodox Legalists, the difference between the two is: Legalists decide cases entirely in accordance with the law, while Spring and Autumn Judgment is mainly based on the motives of the offenders. The law can also be exempted from investigation or mitigated punishment.

"Spring and Autumn Prison" is a book of the former Han Dynasty~www.wuxiaspot.com~ Although Dong Zhongshu's reputation is very big, the saying "criminal by definition" has long been popular in the two Han Dynasty, but the dissemination of books in the world is not easy, not the profession of law You don't necessarily have to read this book. That Gong Cao Shuzuo hadn't read it, and he said in surprise: "There are similar cases in "Spring and Autumn Prison"? ..., has Shi Jun even read "Spring and Autumn Prison"? Sure enough, he is knowledgeable."

Fashion replied with shame: "I haven't read the original text of the book "Spring and Autumn", but I just heard it mentioned by Mr.

"How was it judged?"

"Dong Zhongshu said: 'A gentleman has his original heart, he forgives but does not punish', and he thinks it is inappropriate to sit."

"'The gentleman's original heart is to be forgiven but not punished'?" This meritorious Cao Shuzuo was a standard Confucian disciple. He agreed with this sentence very much, nodded and said, "That's right, that's how it should be!" I thought to myself, "Someone in the county said that Xunjun is mean and likes to kill, and he will destroy the third clan within a month of Renxiang’s rank—I am afraid he will not agree with the original heart of the gentleman, and I wonder if he will pardon the third son of Cheng and not execute him?”

——

1. Cases.

Precedent means that a judgment is used as a precedent for hearing similar cases.

In my country, as early as the Zhou Dynasty, there were cases where "precedents" were used to judge cases. There is a saying in Qin's law that "the court acts", and the court acts as a precedent. The Han Dynasty inherited the Qin system, and in addition to deciding cases in accordance with the law, there are also many cases in which cases were decided according to "precedents". In the time of Emperor Xiaowu of the Western Han Dynasty, "the death penalty is more than 13,472 things", "comparison" means the meaning of stories and precedents, that is, "precedents".

There are quite a few precedent books in the two Han Dynasties, and there are about two which have a great influence. One is "The Spring and Autumn Period", and the other is the Eastern Han Dynasty's "Fabidu Mu". There are nine hundred and six chapters in the "Fabido Mu", which is a collection of legal precedents at that time.

In this section, the case of "two people arguing against each other" comes from "Fabido Mu".