In court, many times, not commenting is also an attitude.
Therefore, when the emperor bypassed the dispute between Zhang Shi and Li Xian and directly asked Jin Lian about the Eight Discussions, he had actually made his attitude clear.
It should be said that this time Zhang Shi was really struggling to his death.
Removing the past achievements of the British government can certainly play a certain role, but there is no doubt that it will arouse resentment among civil servants.
Just like what Li Xian said, although the British princes have made great contributions to the country, the emperors of the past generations have also been deeply kind and generous.
What's more, Zhang Fu is not a real British Duke. He is just a relative of a British Duke.
If he had inherited the title, there would still be an argument for this matter, but he was just a side descendant of the third family, and he wanted to use the merits of his ancestors to protect himself, which was a bit too much.
Just because our ancestors have made meritorious deeds, we can't say that all the descendants of the younger generation cannot be punished if they commit crimes?
Therefore, from top to bottom, everyone was actually dissatisfied with Zhang Min's behavior this time.
Therefore, the emperor chose to ignore the matter and did not mention it, and the officials also pretended to be deaf and dumb, pretending that everything was heard.
However, with Li Xian's rebuttal, Zhang Shi's words can be dismissed as non-existent.
However, Zhu Qian has indeed laid out the laws and introduced the laws of the Ming Dynasty. Naturally, he cannot sit idly by and ignore it.
The example of eight discussions has existed since ancient times.
The so-called discussions include discussing relatives, discussing friends, discussing talents, discussing abilities, discussing merits, discussing nobles, discussing diligence, and discussing guests.
The first volume of the Ming Dynasty Code records eight discussions.
Except for the heinous crimes, as long as the conditions of the Eight Councils are met, the Judiciary only has the power to trial, but not to impose penalties. After the case is ascertained, it must be submitted to the emperor for personal decision.
When the emperor deals with it, he should also follow the minimum punishment for crimes stipulated in the Ming Law and deal with it lightly.
The Minister of the Ministry of Punishment is in charge of the world's punishment matters. Regarding how the case should be judged, what punishment should be applied, and whether it complies with the Eight Arbitrations, Jin Lian is naturally the most authoritative.
In fact, when Zhu Qian moved out of Bayi, the old man had a sneer on his face.
Although this case was handled quickly, it was still discussed by the three departments. If there was anything wrong in it, they would have reminded the emperor long ago. It was Zhu Qian's turn to speak up?
After hearing the emperor's question, Jin Lian cupped his hands and said.
"Your Majesty, there is indeed an example of the Eight Dispositions in the Ming Dynasty Code. However, when the minister, Du Ning, the Minister of Dali Temple, and Chen Yi, the censor of Zuodu, discussed the case, they all believed that Zhang Fu did not comply with the Eight Dissertations."
With that said, Jin Lian turned around and said to Zhu Qian.
"Sir Zhu, in the Ming Dynasty Laws, the merits mentioned are those who can kill generals and seize flags, conquer thousands of miles, or lead an army back, make peace for a while, or open up a powerful world, have great meritorious service, and have great merits."
"In his early years, Zhang Fu led the army to quell the rebellion of Ren Sifa. He neither killed the generals nor captured the flag, nor expanded the territory. Moreover, when he went to war, the commander-in-chief was Jiang Gui, the Marquis of Dingxi, and Zhang Fu was only the deputy commander. No matter where you say it, It does not comply with the Ming Dynasty Law to discuss merit."
"Now let's talk about nobles. The law of the Ming Dynasty states that nobles are of the first rank and civil and military officials are of the third grade. That is, those who have noble titles, civil and military officials. Those who have official titles of the first rank can be discussed of nobles."
"In this regard, it seems consistent that Zhang Fu served as a first-grade military governor with the same knowledge. However, according to the Ming Dynasty Law, since a first-grade civil and military official is compared with a title, it should be understood that the so-called first-grade civil service officer has the same status as a duke or a marquis. , Bo is equal.”
"Obviously, those who have no title but can stand shoulder to shoulder with dukes, marquises and uncles should be the governors of the five military governors and the three princes. The nobles of the left and right pillars of the country are known to be the first-rank governors and cannot be regarded as such."
"Therefore, the discussion of nobles mentioned in the Eighth Council should refer to the first-grade governor, the three princes, and the honorable people of the left and right pillars."
In terms of understanding of legal provisions, how could Zhu Qian, a layman, compare with Jin Lian, the Minister of Justice.
In fact, civil servants have always complained about the regulations of the Eight Councils.
If nothing else, the problem lies in the price negotiation.
You must know that due to various historical reasons, there are no actual officials of the first rank among civil servants. The highest rank is the six ministers of the second rank and the censor of the capital.
Further up, there are Sangu from the first rank and San Gong from the first rank.
But to this day, only a handful of civil servants can be awarded the title of Sangong, and most of them are awarded posthumously.
The only two people who were alive to be awarded the title of Three Dukes were Li Shanchang, the founding minister of the country, and Wang Zhi, the former Minister of Civil Affairs at that time.
Apart from this, there is no one else among the civil servants.
Therefore, for civil servants, discussing honors is basically nonsense, and they will never be able to use it in their lifetime.
But it is different here with Wu Chen. The left and right governors of the Fifth Army Commandery are all full-rank officials, and they are not false titles, but actual duties.
How can this damn thing keep people mentally balanced? !
Therefore, in order to achieve a civil and military balance in the matter of discussing nobles, an unspoken rule was gradually formed.
That is, the Commander-in-Chief of the Five Armed Forces Commander-in-Chief will not be awarded to anyone who does not have a title.
Anyway, a noble with a title, even the lowest earl, can naturally be used to discuss nobles, thus offsetting this imbalance.
Because of this, even if Zhang Fu wanted Zhang Fu to inherit his prestige in the Commander-in-Chief of the Fifth Army, Zhang Fu would not be able to become the Commander-in-Chief, and could only be the Commander-in-Chief.
Playing word games on this article is basically playing tricks on the class and challenging the unspoken rules formed by the entire court.
Seeing that Zhu Qian still wanted to refute, Jin Lian continued.
"Furthermore, even if we take a step back and say that Zhang Fu's crime should be punished by eight measures, he will not be able to escape death. The Ming Dynasty Law does not stipulate that those who apply the eight measures must be given a light sentence. It is only that when interrogating, arresting, and punishing, they should all Request orders separately, and during the trial, the case needs to be reviewed again and again, the crime will be judged by court, and the punishment will be taken from the Holy Judgment."
"In the case of the mission, the Jinyi Guards conducted a thorough investigation in accordance with the emperor's imperial decree. After the court trial, the final sentence was imposed. It was the emperor's golden words. The judicial department determined the execution period in accordance with the decree. Above the regulations, it was carried out in accordance with the Eight Councils."
"As for the punishment, the Ming Dynasty Law does not clearly state that the eight arguments can reduce the sentence. It only mentions that the law should be used without abolishing the law."
"Zhang Fu and others leaked the military plane, which led to the attack on the sand nest. The circumstances were very bad. If the general military officer of Datong had not detected it in advance, the sand nest would have been captured, and there would have been the worry of losing the territory. To kill one person, not to harm the family, is to consider the sentiment. Face, how dare you say anything more?"
When it comes to quoting scriptures, military generals like Zhu Qian can't compare to Jin Lian, who has been in prison for many years.
These words left Zhu Qian speechless and he had to retreat silently.
Seeing this situation, Zhu Qiyu glanced at the ministers below and saw that many ministers nodded secretly, so he no longer hesitated and said directly.
"What Duke Feng Guo and Jin Shangshu said are reasonable. Although the British government is a loyal and loyal family, Zhang Fu's behavior is of a bad nature and cannot be forgiven. The Eight Discussions are set up for ministers who are loyal to the country and should not be used to absolve the guilty ministers." method."
As he spoke, in the midst of Zhang Xi's desperate eyes, Zhu Qiyu picked up his ink pen, sketched on the memorial handed over by Jin Lian, handed it to Cheng Jing and said.
"The three members of the delegation are still sentenced to beheading. According to the Ministry of Punishments, they will be executed in seven days!"
