Volume 46 Treatises 26: Literature 1

志第三十刑法

Treatise 30: Penal Law

古之聖人，為人父母，莫不制禮以崇敬，立刑以明威，防閑于未然，懼爭心之將作也。故有輕重三典之異，宮墨五刑之差，度時而施宜，因事以議制。大則陳之原野，小則肆諸市朝，以禦奸宄，用懲禍亂。興邦致理，罔有弗由於此者也。暨淳樸既消，澆偽斯起，刑增為九，章積三千，雖有凝脂次骨之峻，而錐刀之末，盡爭之矣。自漢迄隋，世有增損，而罕能折衷。隋文帝參用周、齊舊政，以定律令，除苛慘之法，務在寬平。比及晚年，漸亦滋虐。煬帝忌刻，法令尤峻，人不堪命，遂至於亡。

The sages of antiquity, in their role as fathers and mothers of the people, invariably instituted ritual to inspire reverence and established penal law to manifest authority, forestalling wrongdoing before it could take root, lest contentious hearts should soon arise. Hence the varying severity of the three canonical codes and the gradations of the five punishments, with measures adapted to the times and institutions shaped according to circumstance. Major offenses were punished in the open countryside; lesser ones in the marketplace and at court, all to repel treachery and villainy and to chastise calamity and disorder. No state ever flourished in good order without relying upon this principle. Once simplicity and honesty had faded and decadence and deceit had taken hold, punishments multiplied to nine categories and statutes piled up to three thousand articles. Even when penalties were as harsh as congealed fat and crushed bone, people still wrangled over every last awl-tip and knife-edge of the law. From the Han through the Sui, each dynasty added to or subtracted from the code, yet few ever achieved a balanced standard. Emperor Wen of Sui drew on the old policies of the Northern Zhou and Northern Qi to codify laws and ordinances, abolishing harsh and cruel measures in favor of leniency and fairness. In his later years, however, he gradually grew more oppressive. Emperor Yang was suspicious and harsh; his laws and ordinances were especially severe. The people could not endure their lot, and the dynasty perished.

高祖初起義師於太原，即布寬大之令。百姓苦隋苛政，競來歸附。旬月之間，遂成帝業。既平京城，約法為十二條。惟制殺人、劫盜、背軍、叛逆者死，餘並蠲除之。及受禪，詔納言劉文靜與當朝通識之士，因開皇律令而損益之，盡削大業所用煩峻之法。又制五十三條格，務在寬簡，取便於時。尋又敕尚書左僕射裴寂、尚書右僕射蕭瑀及大理卿崔善為、給事中王敬業、中書舍人劉林甫顏師古王孝遠、涇州別駕靖延、太常丞丁孝烏、隋大理丞房軸、上將府參軍李桐客、太常博士徐上機等，撰定律令，大略以開皇為准。于時諸事始定，邊方尚梗，救時之弊，有所未暇，惟正五十三條格，入於新律，餘無所改。至武德七年五月奏上，乃下詔曰：

When the High Ancestor first raised his army of righteousness at Taiyuan, he immediately issued orders of leniency and magnanimity. The common people, weary of the Sui's harsh rule, flocked to join him. Within a matter of months he had accomplished the imperial enterprise. After pacifying the capital, he reduced the law to twelve articles. He ordained death only for murder, robbery, desertion, and rebellion; all other capital offenses were abolished. Upon receiving the abdication, he ordered Counselor-in-Chief Liu Wenjing and the learned men of the court to revise the Kaihuang code, adding and subtracting as needed, and to abolish entirely the cumbersome and severe laws of the Daye reign. He also drew up fifty-three supplementary regulations, aiming for leniency and simplicity and adapting to the needs of the moment. Shortly thereafter he also ordered Left Vice Director Pei Ji, Right Vice Director Xiao Yu, Director of the Court of Judicial Review Cui Shannai, Attendant Wang Jingye, Secretariat drafters Liu Linpu, Yan Shigu, and Wang Xiaoyuan, Jingzhou Vice Prefect Jing Yan, Court of Imperial Sacrifices Vice Director Ding Xiaowu, former Sui judicial review official Fang Zhou, General-in-Chief's staff officer Li Tongke, Court of Imperial Sacrifices erudite Xu Shangji, and others to compile laws and ordinances, taking the Kaihuang code as their general standard. At that time affairs had only just been settled and the borderlands were still unsettled; pressing needs left no time for thorough revision. They corrected only the fifty-three supplementary regulations and incorporated them into the new code; nothing else was changed. In the fifth month of the seventh year of Wude it was submitted for approval, and an edict was issued, saying:

古不云乎，「萬邦之君，有典有則。」故九疇之敘，興于夏世，兩觀之法，大備隆周。所以禁暴懲奸，弘風闡化，安民立政，莫此為先。自戰國紛擾，恃詐任力，苛制煩刑，於茲競起。秦並天下，隳滅禮教，恣行酷烈，害虐蒸民，宇內騷然，遂以顛覆。漢氏撥亂，思易前軌，雖復務從約法，蠲削嚴刑，尚行菹醢之誅，猶設錙銖之禁。字民之道，實有未弘，刑措之風，以茲莫致。爰及魏、晉，流弊相沿，寬猛乖方，綱維失序。下淩上替，政散民凋。皆由法令湮訛，條章混謬。自斯以後，宇縣瓜分，戎馬交馳，未遑典制。有隋之世，雖云厘革，然而損益不定，疏舛尚多，品式章程，罕能甄備。加以微文曲致，覽者惑其淺深，異例同科，用者殊其輕重，遂使奸吏巧詆，任情與奪，愚民妄觸，動陷羅網，屢聞厘革，卒以無成。

Did not the ancients say, "The lord of ten thousand states has canonical models and standards"? The ordering of the Nine Categories arose in the Xia dynasty, and the law of the Two Towers was fully perfected in the flourishing Zhou. To restrain violence and punish villainy, to enlarge customs and unfold civilization, to settle the people and establish government—nothing takes precedence over this. From the turmoil of the Warring States onward, when men relied on deceit and trusted in brute force, harsh regulations and cumbersome punishments arose in endless succession. Qin united the realm, destroyed ritual and teaching, and wantonly practiced cruelty and severity, harming and oppressing the common people until the realm was in turmoil and the dynasty fell. The Han, in settling the chaos, sought to change the former course. Though they strove to simplify the law and abolish severe punishments, they still practiced the punishment of dismemberment and still set prohibitions as fine as a fraction of an ounce. The way of governing the people was not yet fully realized, and the ideal of laying punishments aside was never achieved. Through Wei and Jin, corrupt practices continued in succession; leniency and severity lost their proper balance, and the guiding principles fell into disorder. Inferiors overstepped their superiors and the throne was usurped; government disintegrated and the people withered. All of this stemmed from laws and ordinances that had fallen into obscurity and error, and from articles and regulations that had become confused and mistaken. From this time onward the realm was carved up and war-horses galloped against one another; there was no leisure to establish canonical institutions. In the Sui dynasty, though reforms were undertaken, additions and subtractions were never settled, oversights and errors remained numerous, and categories, forms, and regulations could rarely be examined and made complete. Moreover, subtle wording and tortuous extensions confused readers as to their meaning; different precedents were lumped into the same category, and those who applied the law made severity and leniency vary at will. Crafty clerks twisted the law and arbitrarily granted or withheld punishment; foolish commoners rashly transgressed and constantly fell into the net. Reforms were repeatedly announced, yet in the end nothing was accomplished.

朕膺期受籙，甯濟區宇，永言至治，興寐為勞。補千年之墜典，拯百王之餘弊，思所以正本澄源，式清流末，永垂憲則，貽範後昆。爰命群才，修定科律。但今古異務，文質不同，喪亂之後，事殊曩代，應機適變，救弊斯在。是以斟酌繁省，取合時宜，矯正差遺，務從體要。迄茲曆稔，撰次始畢，宜下四方，即令頒用。庶使吏曹簡肅，無取懸石之多；奏讞平允，靡競錐刀之末。勝殘去殺，此焉非遠。

We have received the mandate at the appointed season and bring peace to the realm; ever mindful of supreme governance, We rise from sleep and lie down in toil. We repair the fallen canons of a thousand years and rescue the remaining defects of a hundred kings, seeking to rectify the root and clarify the source, to set a pattern for purifying what flows downstream, to hand down constitutional norms forever, and to bequeath a model to posterity. We therefore command the assembled talents to revise and fix the statutes and laws. Yet ancient and modern affairs differ, and ornament and substance are not the same; after the age of ruin and disorder, matters are unlike former generations. To respond to the moment and adapt to change, to remedy defects—herein lies the need. Therefore We weigh what is cumbersome and what is simplified, taking what accords with the needs of the time, correcting discrepancies and oversights, and striving to follow the essential substance. Several years have now passed and the compilation is at last complete; it should be sent down to the four quarters and immediately put into use. We hope thereby to make the offices of clerks simple and orderly, not burdened with the weight of a hanging stone; and to make presented judgments fair and even, with no wrangling over the tip of an awl or knife-edge of the law. To overcome cruelty and abolish killing—this is not far off.

於是頒行天下。

Thereupon it was promulgated throughout the realm.

及太宗即位，又命長孫無忌、房玄齡與學士法官，更加厘改。戴胄、魏徵又言舊律令重，于時議絞刑之屬五十條。免死罪，斷其右趾，應死者多蒙全活。太宗尋又湣其受刑之苦，謂侍臣曰：「前代不行肉刑久矣，今忽斷人右趾，意甚不忍。」諫議大夫王珪對曰：「古行肉刑，以為輕罪。今陛下矜死刑之多，設斷趾之法，格本合死，今而獲生。刑者幸得全命，豈憚去其一足？且人之見者，甚足懲誡。」上曰：「本以為寬，故行之。然每聞惻愴，不能忘懷。」又謂蕭瑀、陳叔達等曰：「朕以死者不可再生，思有矜湣，故簡死罪五十條，從斷右趾。朕復念其受痛，極所不忍。」叔達等咸曰：「古之肉刑，乃在死刑之外。陛下于死刑之內，改從斷趾，便是以生易死，足為寬法。」上曰：「朕意以為如此，故欲行之。又有上書言此非便，公可更思之。」其後蜀王法曹參軍裴弘獻又駁律令不便於時者四十餘事，太宗令參掌刪改之。弘獻於是與玄齡等建議，以為古者五刑，刖居其一。及肉刑廢，制為死、流、杖、笞凡五等，以備五刑。今復設刖足，昌為六刑。減死在於寬弘，加刑又加煩峻。乃與八座定議奏聞，於是又除斷趾法，改為加役流三千里，居作二年。

When Emperor Taizong took the throne, he again ordered Zhangsun Wuji, Fang Xuanling, and the academicians and judicial officials to revise the code further. Dai Zhou and Wei Zheng also argued that the old laws and ordinances were too severe; at that time they deliberated on fifty articles involving strangulation and similar capital offenses. They exempted these offenders from the death penalty and instead cut off the right foot; of those who should have died, many were spared. Before long Taizong again pitied their suffering under punishment and said to his attendant ministers: "Former ages have not practiced corporal punishment for a long time; now suddenly to cut off a person's right foot—Our mind is deeply unwilling. Remonstrance Counselor Wang Gui replied: "In antiquity corporal punishment was practiced for what were considered light offenses. Now Your Majesty, taking pity on the multitude of death sentences, established the law of cutting off the foot; those who by the standard should die now obtain life. Those punished are fortunate to preserve their lives—how would they fear losing one foot? Moreover, for those who witness it, the punishment is quite sufficient as a warning." The Emperor said: "We originally thought it lenient, and therefore put it into practice. Yet whenever We hear of it We are filled with compassion and cannot put it from Our mind." He also said to Xiao Yu, Chen Shuda, and others: "We, thinking that the dead cannot be brought back to life and wishing to show compassion, therefore selected fifty death-penalty articles and substituted cutting off the right foot. We again reflect on their suffering and are utterly unwilling to inflict such pain." Shuda and the others all said: "The corporal punishments of antiquity were applied in addition to the death penalty. Your Majesty, within the death penalty, substituted cutting off the foot—this is to exchange life for death and is fully sufficient as a lenient law." The Emperor said: "Our mind thought it thus, and therefore We wished to put it into practice. There was also a memorial saying this was not convenient; you may reconsider it." Thereafter Pei Hongxian, Legal Bureau staff officer under the Prince of Shu, again refuted more than forty matters in the laws and ordinances that were inconvenient for the times, and Taizong ordered him to participate in revising them. Hongxian thereupon joined Xuanling and the others in proposing that in antiquity there were five punishments, of which amputation of the foot was one. When corporal punishment was abolished, they established death, exile, beating with the staff, and beating with the rod—altogether five grades—to replace the five punishments. Now to establish again the cutting off of the foot is to make six punishments in error. Reducing death lies in leniency and magnanimity; adding a punishment again adds severity and cumbersomeness. They then joined the Eight Seats in fixing the deliberation and submitting it for report; thereupon the law of cutting off the foot was abolished and changed to penal servitude exile for three thousand li with two years of labor.

又舊條疏，兄弟分後，廕不相及，連坐俱死，祖孫配沒。會有同州人房強，弟任統軍於岷州，以謀反伏誅，強當從坐。太宗嘗錄囚徒，憫其將死，為之動容。顧謂侍臣曰：「刑典仍用，蓋風化未洽之咎。愚人何罪，而肆重刑乎？更彰朕之不德也。用刑之道，當審事理之輕重，然後加之以刑罰。何有不察其本而一概加誅，非所以恤刑重人命也。然則反逆有二：一為興師動眾，一為惡言犯法。輕重有差，而連坐皆死，豈朕情之所安哉？」更令百僚詳議。於是玄齡等復定議曰：「案禮，孫為王父屍。案令，祖有廕孫之義。然則祖孫親重而兄弟屬輕，應重反流，合輕翻死，據禮論情，深為未愜。今定律，祖孫與兄弟緣坐，俱配沒。其以惡言犯法不能為害者，情狀稍輕，兄弟免死，配流為允。」從之。自是比古死刑，殆除其半。

Moreover, under the old commentaries on the articles, when brothers had divided their household, hereditary privilege did not extend to one another; collective punishment meant all were put to death, while grandparents and grandchildren were sentenced to confiscation. It happened that Fang Qiang of Tongzhou had a younger brother serving as army commander at Minzhou who was executed for plotting rebellion; Qiang was subject to collective punishment. Taizong once reviewed prisoners and pitied those about to die; his countenance was moved for them. Turning to his attendant ministers he said: "That the penal code is still in use is surely the fault of customs and transformation not yet being harmonized. What crime have foolish men committed, that heavy punishments are applied so freely? This further displays Our lack of virtue. The way of applying punishments should examine the lightness or heaviness of the offense, and only then impose penalties. How can one fail to examine the root of the matter and apply execution indiscriminately? This is not the way to show compassion in punishment and value human life. Rebellion has two kinds: one is raising troops and moving the masses; the other is evil words violating the law. In severity and leniency there is a difference, yet collective punishment puts all to death—how can this be what Our mind finds acceptable? He again ordered the hundred officials to deliberate in detail. Thereupon Xuanling and the others again fixed the deliberation, saying: "According to the Rites, the grandson serves as the corpse for the grandfather. According to the Ordinances, the grandfather has the meaning of hereditary privilege for the grandson. Thus the bond between grandfather and grandson is closer in kinship while the tie between brothers is lighter; what should be heavy is reversed to exile, while what should be light is reversed to death. Judging by ritual and weighing by feeling, this is deeply unsatisfactory. Now in fixing the law, grandparents and grandchildren together with brothers, through collective punishment, are all sentenced to confiscation. For those who through evil words violate the law but cannot cause harm, the circumstances are somewhat lighter; exempting brothers from death and sentencing them to exile and confiscation is acceptable. This was approved. From this time onward, compared with the death penalties of antiquity, nearly half were abolished.

玄齡等遂與法司定律五百條，分為十二卷：一曰名例，二曰衛禁，三曰職制，四曰戶婚，五曰廄庫，六曰擅興，七曰賊盜，八曰鬥訟，九曰詐偽，十曰雜律，十一曰捕亡，十二曰斷獄。有笞、杖、徒、流、死，為五刑。笞刑五條，自笞十至五十；杖刑五條，自杖六十至杖一百；徒刑五條，自徒一年，遞加半年，至三年；流刑三條，自流二千里，遞加五百里，至三千里；死刑二條：絞、斬。大凡二十等。又有議請減贖當免之法八：一曰議親，二曰議故，三曰議賢，四曰議能，五曰議功，六曰議貴，七曰議賓，八曰議勤。八議者，犯死罪者皆條所坐及應議之狀奏請，議定奏裁。流罪已下，減一等。若官爵五品已上，及皇太子妃大功已上親，應議者周以上親，犯死罪者上請。流罪已下，亦減一等。若七品已上官，及官爵得請者之祖父母、父母、兄弟、姊妹、妻、子孫，犯流罪已下，各減一等。若應議請減及九品已上官，若官品得減者之祖父母、父母、妻、子孫，犯流罪已下，聽贖。其贖法：笞十，贖銅一斤，遞加一斤，至杖一百，則贖銅十斤。自此已上，遞加十斤，至徒三年，則贖銅六十斤。流二千里者，贖銅八十斤；流二千五百里者，贖銅九十斤；流三千里者，贖銅一百斤。絞斬者，贖銅一百二十斤。又許以官當罪。以官當徒者，五品已上犯私罪者，一官當徒二年；九品已上，一官當徒一年。若犯公罪者，各加一年。以官當流者，三流同比徒四年，仍各解見任。除名者，比徒三年。免官者，比徒二年。免所居官者，比徒一年。又有十惡之條：一曰謀反，二曰謀大逆，三曰謀叛，四曰謀惡逆，五曰不道，六曰大不敬，七曰不孝，八曰不睦，九曰不義，十曰內亂。其犯十惡者，不得依議請之例。年七十以上、十五以下及廢疾，犯流罪以下，亦聽贖。八十已上、十歲以下及篤疾，犯反逆殺人應死者，上請，盜及傷人，亦收贖，餘皆勿論。九十以上、七歲以下，雖有死罪，不加刑。比隋代舊律，減大辟者九十二條，減流入徒者七十一條。其當徒之法，唯奪一官，除名之人，仍同士伍。凡削煩去蠹，變重為輕者，不可勝紀。

Xuanling and the others thereupon joined the judicial offices in fixing five hundred articles of law, divided into twelve scrolls: General Principles; Imperial Guard and Prohibitions; Official Regulations; Households and Marriage; Stables and Storehouses; Unauthorized Mobilization; Banditry and Theft; Assault and Litigation; Fraud and Forgery; Miscellaneous Statutes; Apprehension of Fugitives; and Trial and Judgment. There were beating with the rod, beating with the staff, penal servitude, exile, and death—the five punishments. Rod punishment had five grades, from ten strokes to fifty; Staff punishment had five grades, from sixty strokes to one hundred; Penal servitude had five grades, from one year, increasing by half a year each step, up to three years; Exile had three grades, from two thousand li, increasing by five hundred li each step, up to three thousand li; The death penalty had two forms: strangulation and decapitation. In all there were twenty grades. There were also eight methods of deliberation, petition, reduction, commutation, and exemption: deliberation for kin; for old associates; for worthies; for ability; for merit; for nobility; for guests; and for diligence. Under the Eight Deliberations, all who committed capital offenses were to set forth the offense charged and the circumstances warranting deliberation in a memorial petition; after deliberation was concluded, the case was submitted for imperial decision. For offenses of exile and below, one grade was reduced. If one held official rank of the fifth grade or above, or was a relative within great-achievement mourning of the crown prince's consort, or was a relative within the Zhou mourning circle who qualified for deliberation, and committed a capital offense, a petition was submitted upward. For offenses of exile and below, one grade was also reduced. If one was an official of the seventh grade or above, or the grandparents, parents, brothers, sisters, wife, and descendants of one whose official rank qualified for petition, and they committed offenses of exile and below, each had one grade reduced. If one qualified for deliberation, petition, or reduction, or was an official of the ninth grade or above, or the grandparents, parents, wife, and descendants of one whose official rank qualified for reduction, and they committed offenses of exile and below, commutation was permitted. The commutation method: for ten strokes of the rod, one jin of copper; increasing by one jin each step, up to one hundred strokes of the staff, which commuted to ten jin of copper. From this upward, increasing by ten jin each step, up to three years of penal servitude, which commuted to sixty jin of copper. For exile of two thousand li, eighty jin of copper; for exile of two thousand five hundred li, ninety jin of copper; for exile of three thousand li, one hundred jin of copper. For strangulation and decapitation, one hundred twenty jin of copper. They also permitted using official rank to offset punishment. For using office to offset penal servitude, those of the fifth grade and above who committed private offenses had one office offset two years of servitude; those of the ninth grade and above had one office offset one year of servitude. If they committed public offenses, each added one year. For using office to offset exile, the three grades of exile together equaled four years of servitude, and each still had their current appointment removed. Removal from the register was equivalent to three years of penal servitude. Dismissal from office was equivalent to two years of penal servitude. Removal from the office held was equivalent to one year of penal servitude. There were also the Ten Abominations: plotting rebellion; plotting great treason; plotting defection; plotting wicked rebellion; unnatural conduct; great irreverence; unfilial conduct; discord within the clan; unrighteous conduct; and internal disorder. Those who committed the Ten Abominations could not rely on the precedents of deliberation and petition. Those seventy years and above, fifteen and below, and the disabled, who committed offenses of exile and below, were also permitted commutation. Those eighty and above, ten years and below, and the gravely disabled, who committed rebellion, treason, or murder warranting death, submitted petitions upward; for theft and wounding others, commutation was also accepted; all else was not prosecuted. Those ninety and above and seven and below, though they had capital offenses, were not subjected to punishment. Compared with the old Sui code, ninety-two articles reducing capital punishment were cut, and seventy-one articles reducing exile to penal servitude. The method of offsetting servitude stripped only one office; those removed from the register were still treated the same as common soldiers. In all, the cutting of cumbersomeness and removal of harm, changing the heavy to the light, could not be fully recorded.

又定令一千五百九十條，為三十卷。貞觀十一年正月，頒下之。又刪武德、貞觀已來敕格三千餘件，定留七百條，以為格十八卷，留本司施行。斟酌今古，除煩去弊，甚為寬簡，便於人者。以尚書省諸曹為之目，初為七卷。其曹之常條，但留本司者，別為《留司格》一卷。蓋編錄當時制敕，永為法則，以為故事。《貞觀格》十八卷，房玄齡等刪定。《永徽留司格》十八卷，《散頒格》七卷，長孫無忌等刪定，永徽中，又令源直心等刪定，惟改易官號曹局之名，不易篇目。《永徽留司格後本》，劉仁軌等刪定。《垂拱留司格》六卷，《散頒格》三卷，裴居道刪定。《太極格》十卷，岑羲等刪定。《開元前格》十卷，姚崇等刪定。《開元後格》十卷，宋璟等刪定。皆以尚書省二十四司為篇目。凡式三十有三篇，亦以尚書省列曹及秘書、太常、司農、光祿、太僕、太府、少府及監門、宿衛、計帳名其篇目，為二十卷。《永徽式》十四卷，《垂拱》、《神龍》、《開元式》並二十卷，其刪定格令同。

They also fixed one thousand five hundred ninety articles of ordinances in thirty scrolls. In the first month of the eleventh year of Zhenguan it was promulgated. They also deleted more than three thousand imperial edicts and regulations since Wude and Zhenguan, retaining seven hundred articles in eighteen scrolls of regulations to be kept and implemented by the original bureaus. Weighing ancient and modern, removing cumbersomeness and eliminating defects, it was very lenient and simple and convenient for the people. Taking the various bureaus of the Department of State Affairs as its categories, it was at first seven scrolls. The standing articles of each bureau that were kept only by the original bureau were separately compiled as one scroll of Retained Bureau Regulations. This compiled the regulations and edicts of the time, making them forever constitutional norms and taking them as precedent. The Zhenguan Regulations in eighteen scrolls were revised and fixed by Fang Xuanling and others. The Yonghui Retained Bureau Regulations in eighteen scrolls and the Broadly Promulgated Regulations in seven scrolls were revised by Zhangsun Wuji and others; in the Yonghui reign, Yuan Zhixin and others were again ordered to revise them, only changing the names of official titles and bureau offices, not altering the section titles. The Later Edition of the Yonghui Retained Bureau Regulations was revised by Liu Rengui and others. The Chuigong Retained Bureau Regulations in six scrolls and the Broadly Promulgated Regulations in three scrolls were revised by Pei Judao. The Taiji Regulations in ten scrolls were revised by Cen Xi and others. The Pre-Kaiyuan Regulations in ten scrolls were revised by Yao Chong and others. The Post-Kaiyuan Regulations in ten scrolls were revised by Song Jing and others. All took the twenty-four bureaus of the Department of State Affairs as section titles. In all there were thirty-three sections of forms, also naming their section titles from the listed bureaus of the Department of State Affairs and the Secretariat, Court of Imperial Sacrifices, Court of the National Granaries, Court of the Imperial Stud, Court of the Imperial Carriages, Court of the Imperial Treasury, Court of the Imperial Manufactories, and the Directorates of Gatekeepers, Palace Guards, and Accounting, making twenty scrolls. The Yonghui Forms in fourteen scrolls, and the Chuigong, Shenlong, and Kaiyuan Forms each in twenty scrolls—their revision of regulations and ordinances followed the same pattern.

太宗又制在京見禁囚，刑部每月一奏，從立春至秋分，不得奏決死刑。其大祭祀及致齋、朔望、上下弦、二十四氣、雨未晴、夜未明、斷屠日月及假日，並不得奏決死刑。其有赦之日，武庫令設金雞及鼓于宮城門外之右，勒集囚徒于闕前，撾鼓千聲訖，宣詔而釋之。其赦書頒諸州，用絹寫行下。又系囚之具，有枷、杻鉗、鎖，皆有長短廣狹之制，量罪輕重，節級用之。其杖皆削去節目，長三尺五寸。訊囚杖，大頭徑三分二厘，小頭二分二厘。常行杖，大頭二分七厘，小頭一分七厘。笞杖，大頭二分，小頭一分半。其決笞者，腿分受。決杖者，背、腿、臀分受。及須數等拷訊者，亦同。其拷囚不過三度，總數不得過二百。杖罪已下，不得過所犯之數。諸斷罪而無正條，其應出罪者，則舉重以明輕；其應入罪者，則舉輕以明重。稱加者，就重次；稱減者，就輕次。惟二死三流，同為一減，不得加至於死。斷獄而失於出入者，以其罪罪之。失入者，各減三等；失出者，各減五等。

Taizong also ordained that for prisoners detained in the capital, the Ministry of Justice should report once a month; from the Beginning of Spring to the Autumn Equinox, death sentences could not be reported and decided. On great sacrifices and days of ritual abstinence, new and full moons, first and third quarter moons, the twenty-four seasonal nodes, days when rain had not cleared, nights when dawn had not come, days of prohibition on slaughter, and holidays, death sentences likewise could not be reported and decided. On days when there was an amnesty, the Director of the Armory set up a golden rooster and drum to the right outside the palace-city gate, assembled the prisoners before the gate-tower, and when a thousand drumbeats had finished, proclaimed the edict and released them. The amnesty document was promulgated to the prefectures, written on silk and sent down. Moreover, the implements for restraining prisoners included cangues, fetters, manacles, and locks, all having regulations for length, shortness, breadth, and narrowness; according to the lightness or heaviness of the offense, they were applied by graded steps. The staffs all had their nodes shaved off and were three chi five cun in length. The staff for interrogating prisoners had a large end three fen two li in diameter and a small end two fen two li. The staff for regular execution had a large end two fen seven li and a small end one fen seven li. The rod had a large end two fen and a small end one fen five li. For those receiving rod punishment, the legs received it in divided parts. For those receiving staff punishment, the back, legs, and buttocks received it in divided parts. For those requiring repeated interrogation by torture, it was likewise the same. Torture of prisoners could not exceed three rounds, and the total number could not exceed two hundred strokes. For staff offenses and below, it could not exceed the number prescribed for the offense committed. In all cases of judging crimes where there was no proper article, for those who should be released from guilt, cite the heavy to clarify the light; for those who should be entered into guilt, cite the light to clarify the heavy. Where it says to add, proceed to the heavier grade; where it says to reduce, proceed to the lighter grade. Only the two forms of death and the three grades of exile together counted as one reduction and could not be added up to death. Those who in judging cases erred in severity were punished according to the crime involved. For erroneous severity, each had three grades reduced; for erroneous leniency, each had five grades reduced.

初，太宗以古者斷獄，必訊於三槐九棘之官，乃詔大辟罪，中書、門下五品已上及尚書等議之。其後河內人李好德，風疾瞀亂，有妖妄之言，詔按其事。大理丞張蘊古奏，好德癲病有征，法不當坐。治書侍御史權萬紀，劾蘊古貫相州，好德之兄厚德，為其刺史，情在阿縱，奏事不實。太宗曰：「吾常禁囚於獄內，蘊古與之弈棋，今復阿縱好德，是亂吾法也。」遂斬於東市。既而悔之。又交州都督盧祖尚，以忤旨斬於朝堂，帝亦追悔。下制，凡決死刑，雖令即殺，仍三覆奏。尋謂侍臣曰：「人命至重，一死不可再生。昔世充殺鄭頲，既而悔之，追止不及。今春府史取財不多，朕怒殺之，後亦尋悔，皆由思不審也。比來決囚，雖三覆奏，須臾之間，三奏便訖，都未得思，三奏何益？自今已後，宜二日中五覆奏，下諸州三覆奏。又古者行刑，君為徹樂減膳。朕今庭無常設之樂，莫知何徹，然對食即不啖酒肉。自今已後，令與尚食相知，刑人日勿進酒肉。內教坊及太常，並宜停教。且曹司斷獄，多據律文，雖情在可矜，而不敢違法，守文定罪，或恐有冤。自今門下覆理，有據法合死而情可宥者，宜錄狀奏。」自是全活者甚眾。其五覆奏，以決前一日、二日覆奏，決日又三覆奏。惟犯惡逆者，一覆奏而已，著之於令。

At first, Taizong, because in antiquity judging cases required inquiry before the officials of the Three Pagoda Trees and Nine Thorns, ordained that for capital offenses, officials of the fifth grade and above in the Secretariat and Chancellery and the Ministers of the Department of State Affairs should deliberate. Thereafter Li Haode of Henei, suffering from wind illness and mental confusion, uttered deluded and reckless words; an edict ordered investigation of the matter. Assistant Director of the Court of Judicial Review Zhang Yungu memorialized that Haode's epileptic illness had clear signs and that by law he should not be punished. Secretarial Attendant Investigating Censor Quan Wanji impeached Yungu, saying he had passed through Xiangzhou, where Haode's elder brother Houde was its prefect, and that affection led to partial indulgence and that his memorial was untrue. Taizong said: "We often confined prisoners within the prison; Yungu played chess with them. Now again to indulge Haode partially is to throw Our law into disorder. He was thereupon executed at the Eastern Market. Shortly afterward the Emperor regretted it. Moreover, Regional Commander of Jiaozhou Lu Zushang was executed in the court hall for defying the imperial will, and the Emperor also later regretted it. An edict was issued: for all who were sentenced to death, even when ordered to be killed immediately, there were still three repeated memorials. Shortly afterward he said to his attendant ministers: "Human life is of utmost weight; once dead it cannot be brought back to life. In former times Wang Shichong killed Zheng Ting and afterward regretted it, but pursuit to stop it did not arrive in time. This spring a prefectural clerk took not much property; We in anger killed him, and afterward also soon regretted it—all because Our reflection was not thorough. Recently in deciding prisoners, though there were three repeated memorials, within a brief moment the three memorials were finished; there was no time for reflection at all—what use were three memorials? From now onward, within two days there should be five repeated memorials; sent down to the prefectures, three repeated memorials. Moreover, in antiquity when carrying out punishment, the ruler withdrew music and reduced his meals. We now have no regularly set music in the court hall and do not know what to withdraw, yet when facing a meal We do not eat wine or meat. From now onward, order the Imperial Commissary to be informed; on days when punishments are carried out, do not present wine or meat. The Inner Instruction Office and the Court of Imperial Sacrifices should both cease instruction. Moreover, when the bureaus judged cases they mostly relied on the text of the code; though compassion was warranted in feeling, they did not dare violate the law, adhering to the text to fix guilt—perhaps there were wrongful convictions. From now the Chancellery should review; where according to law death was warranted but feeling permitted pardon, the circumstances should be recorded and memorialized. From this time those fully preserved in life were very numerous. The five repeated memorials were: one and two days before the decision, repeated memorials; on the day of decision, again three repeated memorials. Only for those who committed wicked rebellion was one repeated memorial sufficient; this was written into the ordinances.

太宗既誅張蘊古之後，法官以出罪為誡，時有失入者，又不加罪焉，由是刑網頗密。帝嘗問大理卿劉德威曰：「近來刑網稍密，何也？」德威對曰：「律文失入減三等，失出減五等。今失入則無辜，失出則便獲大罪，所由吏皆深文。」太宗然其言。由是失於出入者，令依律文，斷獄者漸為平允。十四年，又制流罪三等，不限以里數，量配邊惡之州。其後雖存寬典，而犯者漸少。

After Taizong had executed Zhang Yungu, judicial officials took leniency in judgment as a warning; when there were erroneous severity cases, they also did not add punishment—thereby the penal net became rather dense. The Emperor once asked Director of the Court of Judicial Review Liu Dewei: "Recently the penal net has become somewhat dense—why? Dewei replied: "In the text of the code, erroneous severity reduces three grades; erroneous leniency reduces five grades. Now if there is erroneous severity there is no guilt, but if there is erroneous leniency one immediately receives a great punishment—the clerks responsible all apply the law harshly." Taizong approved his words. Thereby for errors in severity, they were ordered to follow the text of the code, and those judging cases gradually became fair and even. In the fourteenth year, they also ordained three grades of exile offenses, not limited by li distance, but assigned according to measure to border regions and harsh prefectures. Thereafter, though lenient canons remained, offenders gradually became fewer.

高宗即位，遵貞觀故事，務在恤刑。嘗問大理卿唐臨在獄系囚之數，臨對曰：「見囚五十餘人，惟二人合死。」帝以囚數全少，怡然形於顏色。永徽初，敕太尉長孫無忌、司空李勣、左僕射于志寧、右僕射行成、侍中高季輔、黃門侍郎宇文節柳奭、右丞段寶玄、太常少卿令狐德棻、吏部侍郎高敬言、刑部侍郎劉燕客、給事中趙文恪，中書舍人李友益、少府丞張行實、大理丞元紹、太府丞王文端、刑部郎中賈敏行等，共撰定律令格式。舊制不便者，皆隨刪改。遂分格為兩部：曹司常務為《留司格》，天下所共者為《散頒格》。其《散頒格》下州縣，《留司格》但留本司行用焉。三年，詔曰：「律學未有定疏，每年所舉明法，遂無憑准。宜廣召解律人條義疏奏聞。仍使中書、門下監定。」於是太尉趙國公無忌、司空英國公勣、尚書左僕射兼太子少師監修國史燕國公志寧、銀青光祿大夫刑部尚書唐臨、太中大夫守大理卿段寶玄、朝議大夫守尚書右丞劉燕客、朝議大夫守御史中丞賈敏行等，參撰《律疏》，成三十卷，四年十月奏之，頒於天下。自是斷獄者皆引疏分析之。永徽五年五月，上謂侍臣曰：「獄訟繁多，皆由刑罰枉濫，故曰刑者成也，一成而不可變。末代斷獄之人，皆以苛刻為明，是以秦氏網密秋荼，而獲罪者眾。今天下無事，四海乂安，欲與公等共行寬政。今日刑罰，得無枉濫乎？」無忌對曰：「陛下欲得刑法寬平，臣下猶不識聖意。此法弊來已久，非止今日。若情在體國，即共號癡人，意在深文，便稱好吏。所以罪雖合杖，必欲遣徒，理有可生，務入於死，非憎前人，陷於死刑。陛下矜而令放，法司亦宜固請，但陛下喜怒不妄加於人，刑罰自然適中。」上以為然。永徽六年七月，上謂侍臣曰：「律通比附，條例太多。」左僕射志寧等對：「舊律多比附斷事，乃稍難解。科條極眾，數至三千。隋日再定，惟留五百。以事類相似者，比附科斷。今日所停，即是參取隋律修易。條章既少，極成省便。」

When Emperor Gaozong took the throne, he followed the precedents of Zhenguan and strove to show compassion in punishment. He once asked Director of the Court of Judicial Review Tang Lin the number of prisoners detained in the prisons; Lin replied: "The prisoners presently seen are more than fifty persons; only two warrant death. The Emperor, because the number of prisoners was entirely few, showed ease in his countenance. In the beginning of Yonghui, he commanded Grand Preceptor Zhangsun Wuji, Minister of Works Li Ji, Left Vice Director Yu Zhining, Right Vice Director Xing Cheng, Attendant-in-Ordinary Gao Jifu, Vice Directors of the Secretariat Yuwen Jie and Liu Shi, Right Assistant Director Duan Baoxuan, Vice Director of the Court of Imperial Sacrifices Linghu Defen, Vice Director of the Ministry of Personnel Gao Jingyan, Vice Director of the Ministry of Justice Liu Yanke, Attendant within the Yellow Gate Zhao Wenke, Secretariat drafter Li Youyi, Assistant Director of the Court of the Imperial Manufactories Zhang Xingshi, Assistant Director of the Court of Judicial Review Yuan Shao, Assistant Director of the Court of the Imperial Treasury Wang Wenduan, Bureau Director of the Ministry of Justice Jia Minxing, and others jointly to compile laws, ordinances, regulations, and forms. Old institutions that were inconvenient were all revised and changed as they went. They then divided the regulations into two parts: standing duties of the bureaus became the Retained Bureau Regulations; what was shared throughout the realm became the Broadly Promulgated Regulations. The Broadly Promulgated Regulations were sent down to prefectures and counties; the Retained Bureau Regulations were kept only by the original bureaus for implementation. In the third year, an edict said: "Legal studies have no fixed commentary; each year those recommended for mastery of law thus have no standard to rely on. It is fitting broadly to summon those who understand law to set forth the articles in commentary and memorialize for report. They should also have the Secretariat and Chancellery supervise and fix it. Thereupon Grand Preceptor Zhangsun Wuji, Duke of Zhao; Minister of Works Li Ji, Duke of Ying; Left Vice Director Yu Zhining, Duke of Yan, who also served as Junior Tutor to the Crown Prince and supervisor of the national history; Tang Lin, Minister of Justice; Duan Baoxuan, Acting Grand Justice; Liu Yanke, Acting Right Vice Director of the Secretariat; Jia Minxing, Acting Vice Censor-in-Chief; and others jointly compiled the Code Commentary in thirty juan. In the tenth month of the fourth year they submitted it to the throne and promulgated it throughout the realm. From then on, all who tried cases cited the Code Commentary in their analysis. In the fifth month of the fifth year of Yonghui, the emperor said to his attendant ministers: "Lawsuits are numerous, all because punishments are wrongly and excessively applied. As the saying goes, punishment means completion—once fixed, it must not be changed. Magistrates in declining ages all took harshness for wisdom. That is why the Qin regime cast so tight a net—dense as autumn's bitter tea—and so many were found guilty. Now the realm is at peace and the four seas are tranquil. I wish to pursue lenient government together with you. Are punishments today not still being wrongly and excessively applied? Wuji replied: "Your Majesty wishes the criminal code to be lenient and fair, yet your officials still fail to grasp your intent. These abuses in the law have persisted for a long time; they did not begin only today. If one truly cares for the welfare of the state, everyone calls him a fool; if one aims to word charges as severely as possible, he is praised as an excellent official. That is why, even when guilt warranted only flogging, officials insist on penal servitude; even when the case reasonably allowed life, they strive to secure a death sentence—not because they hate the accused, but because they wish to trap him in a capital charge. When Your Majesty shows mercy and orders release, the judicial offices ought to petition firmly in support. But if Your Majesty does not capriciously visit favor or anger upon people, punishments will naturally fall into proper balance. The emperor agreed. In the seventh month of the sixth year of Yonghui, the emperor said to his attendant ministers: "The code relies too heavily on analogical application, and there are far too many articles and precedents. Left Vice Director Yu Zhining and others replied: "The old code decided many cases by analogical application, which made it somewhat hard to understand. The statutory provisions were extremely numerous, numbering as many as three thousand. Under the Sui it was revised twice, leaving only five hundred provisions. Cases of similar type were decided by applying analogous statutes. What has now been discontinued is precisely the material that was revised and simplified with reference to the Sui code. With fewer articles and chapters, the code is greatly simplified and easier to use. Closing quotation mark.

龍朔二年，改易官號，因敕司刑太常伯源直心、少常伯李敬玄、司刑大夫李文禮等重定格式，惟改曹局之名，而不易篇第。麟德二年奏上。至儀鳳中，官號復舊，又敕左僕射劉仁軌、右僕射戴至德、侍中張文瓘、中書令李敬玄、右庶子郝處俊、黃門侍郎來恆、左庶子高智周、右庶子李義琰、吏部侍郎裴行儉馬載、兵部侍郎蕭德昭裴炎、工部侍郎李義琛、刑部侍郎張楚、金部郎中盧律師等，刪緝格式。儀鳳二年二月九日，撰定奏上。先是詳刑少卿趙仁本撰《法例》三卷，引以斷獄，時議亦為折衷。後高宗覽之，以為煩文不便。因謂侍臣曰：「律、令、格、式，天下通規，非朕庸虛所能創制。並是武德之際，貞觀已來，或取定宸衷，參詳眾議，條章備舉，軌躅昭然，臨事遵行，自不能盡。何為更須作例，致使觸緒多疑。計此因循，非適今日，速宜改轍，不得更然。」自是，《法例》遂廢不用。

In the second year of Longshuo, official titles were changed. By edict, Yuan Zhixin, Grand Minister of Criminal Affairs; Li Jingxuan, Junior Minister; Li Wenli, Senior Commissioner of Criminal Affairs; and others were ordered to revise the statutes and forms, changing only bureau names while leaving the chapters and sections unchanged. It was submitted to the throne in the second year of Linde. By the Yifeng era, official titles had been restored. Another edict ordered Left Vice Director Liu Rengui, Right Vice Director Dai Zhide, Palace Attendant Zhang Wenjin, Grand Secretary Li Jingxuan, Right Vice Director of the Crown Prince's Household Hao Chujun, Huangmen Vice Director Lai Heng, Left Vice Director of the Crown Prince's Household Gao Zhizhou, Right Vice Director Li Yiyan, Vice Directors of Personnel Pei Xingjian and Ma Zai, Vice Directors of War Xiao Dezhao and Pei Yan, Vice Director of Works Li Yichen, Vice Director of Justice Zhang Chu, Jinbu Bureau Director Lu Lushi, and others to revise and compile the statutes and forms. On the ninth day of the second month of the second year of Yifeng, the revised compilation was submitted to the throne. Earlier, Vice Minister of Detailed Punishment Zhao Renben had compiled three juan of Legal Precedents, which were cited in deciding cases and were widely regarded as a reasonable compromise. Later, when Gaozong reviewed them, he found the verbose text impractical. He therefore said to his attendant ministers: "Codes, ordinances, regulations, and forms are the universal standards of the realm—not something that I, unworthy as I am, could have created on my own. All of them date from the Wude period and the Zhenguan era onward—sometimes fixed by imperial decision, sometimes worked out through broad consultation. Their articles are complete and their standards clear, yet even when one tries to follow them in practice, one cannot do so fully. Why must we add further precedents, only to create endless doubt whenever a case is examined? This habit of clinging to old ways is nothing new. The course should be changed at once and not allowed to continue. From then on, the Legal Precedents were abandoned and no longer used.

則天臨朝，初欲大收人望。垂拱初年，令熔銅為匭，四面置門，各依方色，共為一室。東面名曰延恩匭，上賦頌及許求官爵者封表投之。南面曰招諫匭，有言時政得失及直言諫諍者投之。西面曰申冤匭，有得罪冤濫者投之。北面曰通玄匭，有玄象災變及軍謀秘策者投之。每日置之於朝堂，以收天下表疏。既出之後，不逞之徒，或至攻訐陰私，謗訕朝政者。後乃令中書、門下官一人，專監其所投之狀，仍責識官，然後許進封，行之至今焉。則天又敕內史裴居道、夏官尚書岑長倩、鳳閣侍郎韋方質與刪定官袁智弘等十餘人，刪改格式，加計帳及勾帳式，通舊式成二十卷。又以武德已來、垂拱已前詔敕便於時者，編為《新格》二卷，則天自製序。其二卷之外，別編六卷，堪為當司行用，為《垂拱留司格》。時韋方質詳練法理，又委其事于咸陽尉王守慎，又有經理之才，故《垂拱格》、《式》，議者稱為詳密。其律令惟改二十四條，又有不便者，大抵依舊。

When Wu Zetian assumed the regency, she at first wished greatly to win popular support. In the early Chuigong period, she ordered copper cast into boxes with gates on all four sides, each colored according to its direction, together forming one chamber. The eastern side was called the Extended Favor Box; those submitting encomia and those petitioning for office and rank deposited sealed memorials there. The southern side was called the Recruitment of Remonstrance Box; those commenting on the merits and failings of current policy or offering blunt remonstrance deposited their submissions there. The western side was called the Petition for Wronged Innocence Box; those who had been wrongfully convicted deposited their petitions there. The northern side was called the Communication of Mysteries Box; those reporting celestial omens, disasters, or secret military plans deposited their submissions there. Each day the boxes were placed in the court hall to receive memorials from throughout the realm. Once the boxes were opened to the public, unscrupulous people sometimes used them to attack others' private affairs or slander the government. Later, one official each from the Secretariat and Chancellery was assigned to supervise the submissions, and an endorsing official was required before a sealed petition could be accepted—a practice that continues to the present. Wu Zetian also ordered Imperial Secretary Pei Judao, Minister of Summer Offices Cen Changqian, Fengge Vice Director Wei Fangzhi, and more than ten revising officials including Yuan Zhihong to revise the statutes and forms, adding accounting and audit forms, for a total of twenty juan together with the old forms. She also compiled edicts and orders from Wude down to before Chuigong that remained useful into two juan of the New Regulations, for which Wu Zetian herself wrote the preface. Beyond those two juan, six additional juan were separately compiled for use by the relevant departments, titled the Chuigong Retained-Office Regulations. At the time Wei Fangzhi was thoroughly versed in legal doctrine, and the work was also entrusted to Xianyang Prefect Wang Shoushen, who had a gift for administration. Commentators therefore praised the Chuigong Regulations and Forms as detailed and thorough. Of the code and ordinances, only twenty-four articles were changed; where revision would have been inconvenient, the old provisions were largely retained.

然則天嚴于用刑，屬徐敬業作亂，及豫、博兵起之後，恐人心動搖，欲以威制天下，漸引酷吏，務令深文，以案刑獄。長壽年有上封事言嶺表流人有陰謀逆者，乃遣司刑評事萬國俊攝監察御史就案之，若得反狀，斬決。國俊至廣州，遍召流人，擁之水曲，以次加戮。三百餘人，一時並命，然後鍛煉曲成反狀。乃更誣奏云：「諸道流人，多有怨望。若不推究，為變不遙。」則天深然其言。又命攝監察御史劉光業、王德壽、鮑思恭、王處貞、屈貞筠等，分往劍南、黔中、安南、嶺南等六道，按鞫流人。光業所在殺戮。光業誅九百人，德壽誅七百人，其餘少者不減數百人。亦有雜犯及遠年流人，亦枉及禍焉。時周興、來俊臣等，相次受制推究大獄。乃于都城麗景門內，別置推事使院，時人謂之「新開獄」。俊臣又與侍御史侯思止王弘義郭霸李敬仁、評事康暐衛遂忠等，招集告事數百人，共為羅織，以陷良善。前後枉遭殺害者，不可勝數。又造《告密羅織經》一卷，其意旨皆網羅前人，織成反狀。俊臣每鞫囚，無問輕重，多以醋灌鼻。禁地牢中，或盛之於甕，以火圍繞炙之。兼絕其糧餉，至有抽衣絮以啖之者。其所作大枷，凡有十號：一曰定百脈，二曰喘不得，三曰突地吼，四曰著即承，五曰失魂膽，六曰實同反，七曰反是實，八曰死豬愁，九曰求即死，十曰求破家。又令寢處糞穢，備諸苦毒。每有制書寬宥囚徒，俊臣必先遣獄卒，盡殺重罪，然後宣示。是時海內懾懼，道路以目。麟台正字陳子昂上書曰：

Yet Wu Zetian was severe in the use of punishment. After Xu Jingye's rebellion and the uprisings in Yu and Bo, fearing that hearts would waver, she sought to control the realm through terror and gradually brought in harsh officials, insisting on severe wording of charges to prosecute criminal cases. In the Changshou era a sealed memorial reported that exiles in Lingnan were secretly plotting rebellion. Wan Guojun, a judicial reviewer acting as investigating censor, was dispatched to investigate; anyone for whom evidence of rebellion could be obtained was to be executed. Guojun reached Guangzhou, summoned all the exiles, gathered them at a bend in the river, and executed them one after another. More than three hundred people were killed at once; only afterward were confessions of rebellion forged and twisted into shape. He then submitted a false memorial saying: "Exiles in the various circuits mostly harbor resentment. If this is not thoroughly investigated, rebellion will not be far off. Wu Zetian strongly agreed. She further ordered Acting Censors Liu Guangye, Wang Deshou, Bao Sigong, Wang Chuzhen, Qu Zhenyun, and others to go separately to the six circuits of Jiannan, Qianzhong, Annam, Lingnan, and elsewhere to investigate and interrogate exiles. Wherever Liu Guangye went, slaughter followed. Guangye executed nine hundred people, Deshou seven hundred, and the others no fewer than several hundred each. Miscellaneous offenders and exiles from years long past were also wrongly swept up in the slaughter. At that time Zhou Xing, Lai Junchen, and others were successively ordered to investigate major cases. A separate Office of Interrogation Commissioners was established inside Lijing Gate in the capital, which people of the time called the "Newly Opened Prison." Junchen also joined Attending Censors Hou Sizhi, Wang Hongyi, Guo Ba, and Li Jingren, Reviewers Kang Wei and Wei Suizhong, and others in gathering several hundred informants to weave false charges and entrap the innocent. The number of people wrongfully killed in this way was beyond counting. He also compiled one juan of the Classic of Secret Accusation and Fabricated Charges, whose whole purpose was to ensnare people and fabricate charges of rebellion. Whenever Junchen interrogated prisoners, regardless of the severity of the charge, he often poured vinegar into their noses. In secret dungeons, some were placed in jars with fire built around them to roast them alive. He also cut off their food, so that some tore the cotton padding from their clothes to eat. The great cangues he devised numbered ten in all: Fixes the Hundred Pulses, Cannot Breathe, Earth-Shaking Roar, Put On and Confess at Once, Loss of Soul and Gall, Truth Same as Rebellion, Rebellion Is the Truth, Dead Pig's Sorrow, Seek and Die at Once, and Seek and Destroy the Family. He also made them sleep amid filth and ordure, subjecting them to every kind of torment. Whenever an imperial edict granted leniency to prisoners, Junchen would first send jailers to kill all those charged with serious crimes, and only then announce the edict. At that time the whole realm lived in terror; people on the roads dared only to glance at one another. Chen Ziao, Rectifier of the Office of the Archive, submitted a memorial saying:

臣聞古之禦天下者，其政有三：王者化之，用仁義也；霸者威之，任權智也；強國脅之，務刑罰也。是以化之不足，然後威之，威之不足，然後刑之。故至於刑，則非王者之所貴矣。況欲光宅天下，追功上皇，專任刑殺以為威斷，可謂策之失者也。

I have heard that those who governed the realm in antiquity pursued three kinds of policy: kings transformed the people through benevolence and righteousness; hegemons awed them through authority and cunning; strong states coerced them through punishments alone. When transformation proved insufficient, they turned to awe; when awe proved insufficient, they turned to punishment. Thus punishment was never what true kings valued most. How much less should one who wishes to illuminate the realm and surpass the achievements of the former sovereign rely exclusively on killing as a means of imposing authority—surely this is a mistaken policy.

臣伏睹陛下聖德聰明，遊心太古，將制靜宇宙，保乂黎民，發號施令，出於誠慊。天下蒼生，莫不懸望聖風，冀見神化，道德為政，將侍于陛下矣。臣聞之，聖人出，必有驅除，蓋天人之符，應休命也。日者東南微孽，敢謀亂常。陛下順天行誅，罪惡咸伏，豈非天意欲彰陛下威武之功哉！而執事者不察天心，以為人意，惡其首亂唱禍，法合誅屠，將息奸源，窮其黨與。遂使陛下大開詔獄，重設嚴刑，冀以懲奸，觀於天下。逆党親屬及其交遊，有涉嫌疑，辭相連及，莫不窮捕考校，枝葉蟠拿。大或流血，小禦魑魅。至有奸人熒惑，乘險相誣，糾告疑似，冀圖爵賞，叫于闕下者，日有數矣。于時朝廷徨徨，莫能自固，海內傾聽，以相驚恐。賴陛下仁慈，憫其危懼，賜以恩詔，許其大功已上，一切勿論。人時獲泰，謂生再造。愚臣竊以忻然，賀陛下聖明，得天之機也。不謂議者異見，又執前圖，比者刑獄，紛紛復起。陛下不深思天意，以順休期，尚以督察為理，威刑為務，使前者之詔，不信於人。愚臣昧焉，竊恐非五帝、三王伐罪吊人之意也。

I humbly observe that Your Majesty is sage and wise, your heart set on the ideals of deepest antiquity, intent on pacifying the universe and preserving the people, issuing commands from genuine sincerity. The people of the realm all look up in hope for your sage influence, longing to witness true transformation; moral government is about to rest with Your Majesty. I have heard that when a sage ruler appears, wrongdoers must be driven out—surely a sign of accord between Heaven and man, answering a glorious mandate. Recently a petty rebel force in the southeast dared to plot rebellion. Your Majesty followed Heaven in carrying out punishment, and all wickedness was subdued—is this not Heaven's intent to display your martial glory! Yet those in charge failed to discern Heaven's intent and treated it as mere human zeal. Hating those who first stirred rebellion and spread calamity, they held that the law required execution, wishing to cut off the source of treachery and exhaust their associates. They therefore caused Your Majesty to open the edict prison on a vast scale and impose severe punishments anew, hoping thereby to punish treachery and make an example before the realm. Relatives of the rebels and their associates—wherever suspicion attached, testimony linked one case to another—all were hunted down, arrested, and interrogated without limit; branches and leaves were entangled and seized together. Great offenders sometimes shed blood; even petty suspects were pursued as if to drive off demons. Wicked men even took advantage of the turmoil to delude and accuse one another, lodging reports on mere suspicion in hope of rank and reward; several such cries were heard below the palace gates each day. At that time the court was unsettled and could not steady itself; the whole realm listened in anxiety, and fear spread among all. Thanks to Your Majesty's benevolence, pitying their terror, you issued a gracious edict permitting that even the gravest offenses would go unpunished. People at the time found relief and spoke of being given life anew. I privately rejoiced, congratulating Your Majesty on your sage clarity in seizing Heaven's timely opportunity. I did not expect that counsellors with other views would again cling to the former course; recently criminal prosecutions have repeatedly flared up. Your Majesty does not deeply ponder Heaven's intent so as to follow this auspicious age, yet still takes supervision as governance and terror through punishment as the chief task, so that your earlier edict is no longer trusted by the people. I am but a foolish servant, yet I privately fear this is not what the Five Emperors and Three Kings intended when they punished the guilty and comforted the people.

臣竊觀當今天下百姓，思安久矣。曩屬北胡侵塞，西戎寇邊，兵革相屠，向曆十載。關、河自北，轉輸幽、燕；秦、蜀之西，馳騖湟、海。當時天下疲極矣！重以大兵之後，屬遭凶年，流離饑餓，死喪略半。幸賴陛下以至聖之德，撫寧兆人，邊境獲安，中國無事，陰陽大順，年穀累登，天下父子，始得相養矣。揚州構禍，殆有五旬，而海中晏然，纖塵不動，豈非天下蒸庶厭凶亂哉？臣以此卜之，百姓思安久矣。今陛下不務玄默，以救疲民，而又任威刑以失其望，欲以察察為政，肅理寰區。愚臣暗昧，竊有大惑。且臣聞刑者，政之末節也。先王以禁暴厘亂，不得已而用之。今天下幸安，萬物思泰，陛下乃以末節之法，察理平人，愚臣以為非適變隨時之義也。頃年以來，伏見諸方告密。囚累百千輩。大抵所告，皆以揚州為名，及其窮竟，百無一實。陛下仁恕，又屈法容之，傍訐他事，亦為推劾。遂使奸臣之党，快意相讎，睚眥之嫌，即稱有密。一人被告，百人滿獄。使者推捕，冠蓋如市。或謂陛下愛一人而害百人，天下喁喁，莫知寧所。

I observe that the people of the realm today have long yearned for peace. Formerly they suffered northern barbarians invading the frontier and western tribes raiding the borders; armies slaughtered one another for nearly ten years. From the passes and rivers of the north, supplies were transported to You and Yan; west of Qin and Shu, armies galloped toward Huangzhong and the western sea. At that time the realm was utterly exhausted! Compounding the burden of great campaigns, famine years followed; people were displaced and starving, and nearly half the population died. Fortunately, through Your Majesty's supreme virtue in soothing and settling the people, the frontiers were secured, the heartland was at peace, yin and yang were in great harmony, harvests succeeded one another, and fathers and sons throughout the realm were at last able to support one another. When rebellion broke out in Yangzhou, it lasted nearly fifty days, yet the rest of the realm remained tranquil—not a ripple stirred. Is this not because the people are weary of calamity and disorder? From this I infer that the people have long yearned for peace. Yet Your Majesty does not cultivate quiet governance to relieve a weary people, but instead relies on harsh punishments and thereby forfeits their hopes, seeking to rule through relentless scrutiny and stern discipline across the realm. I am but a dull and ignorant subject, and I confess to deep perplexity. Moreover, I have heard that punishment is the last resort of government. The sage kings of old used punishments only to restrain violence and set right disorder, resorting to them only when they had no choice. Now the realm is fortunately at peace and all things yearn for tranquility, yet Your Majesty applies these last-resort methods to scrutinize ordinary people. I believe this fails the principle of adapting policy to the times. In recent years, I have observed denunciations pouring in from every quarter. Prisoners have accumulated by the hundreds and thousands. For the most part, the accusations all invoked Yangzhou by name, yet when fully investigated, scarcely one in a hundred proved true. Your Majesty, being benevolent and forgiving, bent the law to spare them, yet other matters were dug up on the side and likewise subjected to investigation. Thus factions of treacherous ministers took satisfaction in mutual vengeance; the slightest grudge was at once declared a secret denunciation. When one person was accused, a hundred filled the prisons. Investigators pursued and arrested; official carriages thronged the roads like a marketplace. Some say Your Majesty spares one person yet harms a hundred; throughout the realm people murmur in alarm, not knowing where they may rest in peace.

臣聞自非聖人，不有外患，必有內憂，物理自然也。臣不敢以古遠言之，請指隋而說。臣聞長老云：隋之末世，天下猶平。煬帝不恭，窮毒威武，厭居皇極，自總元戎，以百萬之師，觀兵遼海，天下始騷然矣。遂使楊玄感挾不臣之勢，有大盜之心，欲因人謀，以竊皇業。及稱兵中夏，將據洛陽，哮寔之勢傾宇宙矣。然亂未逾月，而頭足異處。何者？天下之弊，未有土崩，蒸人之心，猶望樂業。煬帝不悟，暗忽人機。自以為元惡既誅，天下無巨猾也，皇極之任，可以刑罰理之。遂使兵部尚書樊子蓋專行屠戮，大窮黨與，海內豪士，無不罹殃。遂至殺人如麻，流血成澤，天下靡然思為亂矣。於是蕭銑、硃粲起于荊南，李密、竇建德亂于河北。四海雲搖，遂並起而亡隋族矣。豈不哀哉！長老至今談之，委曲如是。

I have heard that unless one is a sage, if there is no external threat, there will be internal trouble—such is the natural order of things. I dare not speak from remote antiquity; permit me to point to the Sui and speak. I have heard elders say that in the final years of the Sui, the realm was still at peace. Emperor Yang was irreverent, exhausting cruelty and martial display; weary of the throne, he personally took command of the army and, with a million troops, paraded his forces at the Liao Sea—then the realm first grew turbulent. Thus Yang Xuangan seized the momentum of rebellion, harbored the heart of a great bandit, and sought through others' plotting to seize the throne. When he raised arms in central China and was about to seize Luoyang, the thunder of his rebellion seemed to shake heaven and earth. Yet the rebellion had not lasted a month before his head and body lay in different places. Why? The realm's ills had not yet reached the point of collapse; the hearts of the people still hoped to live in peace. Emperor Yang failed to understand; he blindly ignored the temper of the people. He thought that with the chief rebel already executed, no great scoundrels remained in the realm, and that the throne could be secured through punishments alone. He therefore had Minister of War Fan Zigai carry out wholesale slaughter, exhaustively pursuing factions and associates until eminent men throughout the realm none escaped ruin. It reached the point that men were killed like hemp stalks and blood pooled like marshes; throughout the realm all at once wished to rise in rebellion. Thereupon Xiao Xian and Zhu Can rose in southern Jing, while Li Mi and Dou Jiande stirred rebellion in Hebei. Within the four seas turmoil spread; they then rose together and extinguished the house of Sui. Is this not lamentable! Elders speak of it to this day; the full account is just as I have told it.

觀三代夏、殷興亡，已下至秦、漢、魏、晉理亂，莫不皆以毒刑而致敗壞也。夫大獄一起，不能無濫。何者？刀筆之吏，寡識大方，斷獄能者，名在急刻。文深網密，則共稱至公，爰及人主，亦謂其奉法。於是利在殺人，害在平恕，故獄吏相誡，以殺為詞。非憎於人也，而利在己。故上以希人主之旨，以圖榮身之利。徇利既多，則不能無濫，濫及良善，則淫刑逞矣。夫人情莫不自愛其身，陛下以此察之，豈非無濫矣！冤人籲嗟，感傷和氣；和氣悖亂，群生癘疫；水旱隨之，則有凶年。人既失業，則禍亂之心怵然而生矣。頃來亢陽愆候，雲而不雨，農夫釋耒，瞻望嗷嗷，豈不由陛下之有聖德而不降澤於人也？儻旱遂過春，廢于時種，今年稼穡，必有損矣。陛下可不敬承天意，以澤恤人？臣聞古者明王重慎刑罰，蓋懼此也。《書》不雲乎，「與其殺不辜，寧失不經。」陛下奈何以堂堂之聖，猶務強國之威。愚臣竊為陛下不取。

Observing the rise and fall of the Three Dynasties of Xia and Yin, down through the order and disorder of Qin, Han, Wei, and Jin—none failed to ruin themselves through cruel punishments. When great prosecutions arise, abuse cannot be avoided. Why? Petty clerks know little of the larger pattern; those skilled at deciding cases win renown for harsh severity. When legal language is dense and the net of prosecution tight, all praise it as utmost fairness; even the sovereign considers it faithful adherence to law. Thus profit lay in killing and harm lay in leniency; therefore prison officials admonished one another to make killing their watchword. It was not hatred of people, but profit for themselves. Upward they sought to match the sovereign's intent; for themselves they plotted personal advancement. Once pursuit of profit became widespread, abuse could not be avoided; when abuse reached the innocent, excessive punishments ran rampant. Human nature is such that all cherish their own lives; if Your Majesty scrutinizes by this standard, can there truly be no abuse! When the wronged cry out in lament, harmonious qi is injured; when harmonious qi is disturbed, pestilence afflicts the people; flood and drought follow, and famine years ensue. Once people lose their livelihoods, hearts of rebellion suddenly stir. Recently drought has violated the seasons: clouds gather yet no rain falls; farmers lay down their plows and look up in desperate longing—is this not because Your Majesty possesses sage virtue yet fails to send down nourishing rain upon the people? If drought should persist past spring and planting be abandoned, this year's harvest will surely suffer. Should Your Majesty not reverently heed Heaven's intent and thereby nourish and comfort the people? I have heard that enlightened kings of antiquity treated punishments with great caution—surely they feared this. Does not the Documents say: "Better to err in excess of leniency than to put the innocent to death"—" —yet how can Your Majesty, with such august sagehood, still pursue the majesty of a strong state? I privately consider this unworthy of Your Majesty.

且愚人安則樂生，危則思變。故事有招禍，法有起奸。倘大獄未休，支黨日廣，天下疑惑，相恐無辜，人情之變，不可不察。昔漢武帝時巫蠱獄起，江充行詐，作亂京師，至使太子奔走，兵交宮闕，無辜被害者以萬千數。當時劉宗幾覆滅矣，賴武帝得壺關三老上書，幡然感悟，夷江充三族，餘獄不論，天下少以安耳。臣讀書至此，未嘗不為戾太子流涕也。古人云：「前事不忘，後事之師。」伏願陛下念之。今臣不避湯鑊之罪，以螻蟻之命，輕觸宸嚴。臣非不惡死而貪生也，誠以負陛下恩遇，以微命蔽塞聰明，亦非敢欲陛下頓息嚴刑，望在恤刑耳。乞與三事大夫，圖其可否。夫往者不可諫，來者猶可追，無以臣微而忽其奏，天下幸甚。

Moreover, when the common people are secure they delight in life; when imperiled they think of change. Thus affairs may summon calamity, and laws may breed treachery. If great prosecutions do not cease and factions daily widen, the realm will fill with doubt and mutual fear for the innocent; changes in the temper of the people cannot go unobserved. Formerly in the time of Emperor Wu of Han the witchcraft prosecution arose; Jiang Chong practiced deceit and stirred disorder in the capital, until the crown prince fled and arms clashed at the palace gates; innocents harmed numbered in the tens of thousands. At that time the house of Liu was nearly extinguished; fortunately Emperor Wu received the memorial of the Three Elders of Huguan, suddenly awakened in understanding, exterminated Jiang Chong's three clans, and did not pursue the remaining cases—only then did the realm find some peace. When I read to this point in the histories, I have never failed to shed tears for Crown Prince Li. The ancients said: "Do not forget past affairs; they are teachers for later affairs." I humbly hope Your Majesty will bear it in mind. Now I do not shrink from the boiling cauldron, but with my insignificant life lightly venture before Your Majesty's august presence. It is not that I do not hate death yet covet life; truly I bear Your Majesty's gracious treatment and would not with my slight life block Your Majesty's clear judgment—nor do I dare ask Your Majesty suddenly to cease stern punishments; my hope lies only in compassionate punishment. I beg that this be deliberated with the Three Affairs Grandees on its feasibility. What is past cannot be remonstrated against; what is to come may still be pursued. Do not because I am insignificant neglect this memorial—the realm would be greatly fortunate.

疏奏不省。

The memorial was submitted but received no response.

時司刑少卿徐有功常駁酷吏所奏，每日與之廷爭得失，以雪冤濫，因此全濟者亦不可勝數，語在《有功傳》。及俊臣、弘義等伏誅，刑獄稍息。前後宰相王及善、姚元崇、硃敬則等，皆言垂拱已來身死破家者，皆是枉濫，則天頗亦覺悟。於是監察御史魏靖上言曰：

At that time Vice Director of the Ministry of Justice Xu Yougong often rebutted what the harsh officials submitted, daily disputing with them in court over right and wrong to clear wrongful prosecutions; those thereby fully saved were beyond counting—the account is in the Biography of Yougong. When Jun Chen, Hongyi, and others were executed, penal prosecutions gradually subsided. Successive chancellors Wang Jishan, Yao Yuanchong, Zhu Jingze, and others all said that since the Chui Gong era those who died or lost their families had all been wrongfully prosecuted; Empress Wu then also somewhat awakened. Thereupon Investigating Censor Wei Jing submitted a statement, saying:

臣聞國之綱紀，在乎生殺。其周興、來俊臣、丘神勣、萬國俊、王弘義、侯思止、郭弘霸、李敬仁、彭先覺、王德壽、張知默者，即堯年四凶矣。恣騁愚暴，縱虐含毒，讎嫉在位，安忍朝臣，罪逐情加，刑隨意改。當其時也，囚囹如市，朝廷以目。既而素虛不昧，冤魂有托，行惡其報，禍淫可懲，具嚴天刑，以懲亂首。竊見來俊臣身處極法者，以其羅織良善，屠陷忠賢，籍沒以勸將來，顯戮以謝天下。臣又聞之道路，上至聖主，傍洎貴臣，明明知有羅織之事矣，俊臣既死，推者獲功，胡元禮超遷，裴談顯授，中外稱慶，朝廷載安。破其黨者，即能賞不逾時；被其陷者，豈可淹之累歲。且稱反徒，須得反狀。惟據片辭，即請行刑，拷楚妄加，款答何限。故徐有功以寬平而見忌，斛瑟羅以妓女而受拘，中外具知，枉直斯在，藉以為喻，其餘可詳。臣又聞之，郭弘霸自刺而唱快，萬國俊被遮而遽亡。霍獻可臨終，膝拳于項；李敬仁將死，舌至於臍。皆眾鬼滿庭，群妖橫道，惟徵集應，若響隨聲。備在人謠，不為虛說，伯有晝見，殆無以過。此亦羅織之一據也。臣以至愚，不識大體，儻使平反者數人，眾共詳覆來俊臣等所推大獄，庶鄧艾獲申於今日，孝婦不濫于昔時，恩渙一流，天下幸甚。

I have heard that a state's fundamental order lies in the power of life and death. Such men as Zhou Xing, Lai Junchen, Qiu Shenji, Wan Guojun, Wang Hongyi, Hou Sizhi, Guo Hongba, Li Jingren, Peng Xianjue, Wang Deshou, and Zhang Zhimò were the Four Evils of Yao's age. They unrestrainedly indulged folly and cruelty, tormented others and harbored malice, envied and hated those in office, and cruelly abused court ministers; crimes were inflated at whim and punishments altered at will. In their time, prisons were like marketplaces and the court communicated only by glances. Then plain truth was not obscured, wronged souls found refuge, evil deeds met their recompense, and the wicked were punished; Heaven's full severity was applied to chastise the leaders of disorder. I observe that Lai Junchen suffered the utmost penalty because he fabricated charges against the innocent, slaughtered and entrapped the loyal and worthy, confiscated property to warn the future, and was publicly executed to appease the realm. I have also heard on the roads that from the sage sovereign down to eminent ministers, all clearly knew there were fabricated prosecutions; once Junchen was dead, those who pursued cases gained merit—Hu Yuanli was promoted beyond measure, Pei Tan was conspicuously appointed—and within and without all rejoiced; the court was again at peace. Those who broke their faction were rewarded without delay; yet those entrapped by them—how could they be detained for years on end? Moreover, to call someone a rebel requires evidence of rebellion. Relying only on a fragment of testimony, they at once requested execution; torture was recklessly applied, and confessions—how limitless! Thus Xu Yougong was resented for leniency and fairness, and Khusro was detained on account of a courtesan; within and without all know where wrong and right lie—take these as examples; the rest may be told in detail. I have also heard that Guo Hongba stabbed himself and cried out in satisfaction, and Wan Guojun, when intercepted, suddenly died. Huo Xianké, at life's end, had knees drawn up to his neck; Li Jingren, about to die, had his tongue reach to his navel. All were cases of ghosts filling the courtyard and demons blocking the road; omens gathered in response like echoes following sound. Fully preserved in people's songs and tales, this is no empty talk; even Bo You appearing by day scarcely surpasses it. This too is proof of fabricated prosecution. I am utterly foolish and do not grasp the larger pattern, but if several persons were appointed to reverse wrongful verdicts and all together thoroughly reviewed the great prosecutions pushed by Lai Junchen and others, perhaps Deng Ai might be vindicated today and the dutiful wife would not be wrongfully condemned as in former times; grace would spread throughout the realm—the people would be greatly fortunate.

疏奏，制令錄來俊臣、丘神勣等所推鞫人身死籍沒者，令三司重推勘，有冤濫者，並皆雪免。

When the memorial was submitted, an edict ordered a record of those prosecuted to death and stripped of property by Lai Junchen, Qiu Shenji, and others, and commanded the Three Offices to reinvestigate; those wrongfully prosecuted were all cleared and exonerated.

中宗神龍元年，制以故司僕少卿徐有功，執法平恕，追贈越州都督，特授一子官。又以丘神勣、來子珣、萬國俊、周興、來俊臣、魚承曄、王景昭、索元禮、傅遊藝、王弘義、張知默、裴籍、焦仁亶、侯思止、郭霸、李敬仁、皇甫文備、陳嘉言、劉光業、王德壽、王處貞、屈貞筠、鮑思恭二十三人，自垂拱已來並枉濫殺人，所有官爵，並令追奪。天下稱慶。時既改易，制盡依貞觀、永徽故事。敕中書令韋安石、禮部侍郎祝欽明、尚書右丞蘇瑰、兵部郎中狄光嗣等，刪定《垂拱格》後至神龍元年已來制敕，為《散頒格》七卷。又刪補舊式，為二十卷，頒於天下。景雲初，睿宗又敕戶部尚書岑羲、中書侍郎陸象先、右散騎常侍徐堅、右司郎中唐紹、刑部員外郎邵知與、刪定官大理寺丞陳義海、右衛長史張處斌、大理評事張名播、左衛率府倉曹參軍羅思貞、刑部主事閻義顓凡十人，刪定格、式、律、令。太極元年二月奏上，名為《太極格》。

In the first year of Shenlong under Emperor Zhongzong, an edict honored the late Vice Director of the Court of the Imperial Stud Xu Yougong for fair and forgiving enforcement of law, posthumously enfeoffing him as Governor-General of Yuezhou and specially granting one son an office. It also ordered that the twenty-three men Qiu Shenji, Lai Zixun, Wan Guojun, Zhou Xing, Lai Junchen, Yu Chengye, Wang Jingzhao, Suo Yuanli, Fu Youyi, Wang Hongyi, Zhang Zhimò, Pei Ji, Jiao Renxuan, Hou Sizhi, Guo Ba, Li Jingren, Huangfu Wenbei, Chen Jiayan, Liu Guangye, Wang Deshou, Wang Chuzhen, Qu Zhenyun, and Bao Sigong, who since the Chui Gong era had all wrongfully killed people, should have all their offices and enfeoffments retroactively stripped. Throughout the realm people rejoiced. Since the times had changed, edicts all followed the precedents of Zhenguan and Yonghui. An edict commanded Grand Counselor Wei Anshi, Vice Director of the Ministry of Rites Zhu Qinming, Right Assistant Director of the Department of State Affairs Su Gui, Bureau Director of the Ministry of War Di Guangsi, and others to revise edicts from after the Chui Gong Regulations through the first year of Shenlong, forming seven fascicles of Broadly Promulgated Regulations. They also revised and supplemented the old forms into twenty fascicles and promulgated them throughout the realm. At the beginning of Jingyun, Emperor Ruizong again commanded Minister of Revenue Cen Xi, Vice Director of the Secretariat Lu Xiangxian, Right Regular Attendant of the Palace Horse Xu Jian, Right Bureau Director Tang Shao, Vice Director of the Ministry of Justice Shao Zhiyu, revising official Assistant Director of the Court of Judicial Review Chen Yihai, Chief Secretary of the Right Guard Zhang Chubin, Judicial Review Evaluator Zhang Mingbo, Left Guard Rate-Fu Warehouse Section Officer Luo Sizhen, and Chief Clerk of the Ministry of Justice Yan Yizhuan—ten persons in all—to revise regulations, forms, statutes, and ordinances. In the second month of the first year of Taiji it was submitted and named the Taiji Regulations.

開元初，玄宗敕黃門監盧懷慎、紫微侍郎兼刑部尚書李乂、紫微侍郎蘇頲、紫微舍人呂延祚、給事中魏奉古、大理評事高智靜、同州韓城縣丞侯郢璡、瀛州司法參軍閻義顓等，刪定格、式、令，至三年三月奏上，名為《開元格》。六年，玄宗又敕吏部侍郎兼侍中宋璟、中書侍郎蘇頲、尚書左丞盧從願、吏部侍郎裴漼慕容珣、戶部侍郎楊滔、中書舍人劉令植、大理司直高智靜、幽州司功參軍侯郢璡等九人，刪定律、令、格、式，至七年三月奏上。律、令、式仍舊名，格曰《開元後格》。十九年，侍中裴光庭、中書令蕭嵩，又以格後制敕行用之後，頗與格文相違，於事非便，奏令所司刪撰《格後長行敕》六卷，頒於天下。二十二年，戶部尚書李林甫又受詔改修格令。林甫遷中書令，乃與侍中牛仙客、御史中丞王敬從，與明法之官前左武衛胄曹參軍崔見、衛州司戶參軍直中書陳承信、酸棗尉直刑部俞元杞等，共加刪緝舊格、式、律、令及敕，總七千二十六條。其一千三百二十四條於事非要，並刪之。二千一百八十條隨文損益，三千五百九十四條仍舊不改。總成律十二卷，《律疏》三十卷，《令》三十卷，《式》二十卷，《開元新格》十卷。又撰《格式律令事類》四十卷，以類相從，便於省覽。二十五年九月奏上，敕于尚書都省寫五十本，發使散於天下。其年刑部斷獄，天下死罪惟有五十八人。大理少卿徐嶠上言：大理獄院，由來相傳殺氣太盛，鳥雀不棲，至是有鵲巢其樹。於是百僚以幾至刑措，上表陳賀。玄宗以宰相變理、法官平允之功，封仙客為邠國公，林甫為晉國公，刑部大理官共賜帛二千匹。

At the beginning of Kaiyuan, Emperor Xuanzong commanded Supervisor of the Yellow Gate Lu Huaiqian, Vice Director of the Purple Pavilion and concurrent Minister of Justice Li Yi, Vice Director of the Purple Pavilion Su Ting, Purple Pavilion Drafter Lü Yanzuo, Attendant within the Yellow Gate Wei Fenggu, Judicial Review Evaluator Gao Zhijing, Assistant Magistrate of Hancheng County in Tong Prefecture Hou Yingjin, and Legal Section Officer of Ying Prefecture Yan Yizhuan and others to revise regulations, forms, and ordinances; in the third month of the third year it was submitted and named the Kaiyuan Regulations. In the sixth year, Emperor Xuanzong again commanded Vice Director of the Ministry of Personnel and concurrent Palace Attendant Song Jing, Vice Director of the Secretariat Su Ting, Left Assistant Director of the Department of State Affairs Lu Congyuan, Vice Directors of the Ministry of Personnel Pei Cui and Murong Xun, Vice Director of the Ministry of Revenue Yang Tao, Secretariat Drafter Liu Lingzhi, Judicial Review Direct Examiner Gao Zhijing, and Merit Section Officer of You Prefecture Hou Yingjin—nine persons—to revise statutes, ordinances, regulations, and forms; in the third month of the seventh year it was submitted. Statutes, ordinances, and forms kept their old names; the regulations were called the Post-Kaiyuan Regulations. In the nineteenth year, Chief Councilor Pei Guangting and Grand Counselor Xiao Song observed that once post-regulation edicts had been put into effect, they often clashed with the regulatory text and proved impractical in administration. They memorialized the throne to have the responsible offices compile six fascicles of Long-standing Edicts after the Regulations and distribute them throughout the realm. In the twenty-second year, Minister of Revenue Li Linfu received another imperial edict to revise the regulations and ordinances. After Linfu was promoted to Grand Counselor, he joined Chief Councilor Niu Xianke, Vice Censor-in-Chief Wang Jingcong, and legal specialists including former Left Martial Guard Army Section Officer Cui Jian, Wei Prefecture Registrar Chen Chengxin on special assignment to the Secretariat, Suozao District Magistrate Yu Yuanqi on special assignment to the Ministry of Justice, and others in revising the old regulations, forms, statutes, ordinances, and edicts—a total of 7,026 articles. Of these, 1,324 articles were deemed unnecessary in practice and were all removed. 2,180 articles were revised as the text required; 3,594 were left unchanged. The work yielded twelve fascicles of statutes, thirty of Statutory Commentary, thirty of ordinances, twenty of forms, and ten of New Kaiyuan Regulations. They also compiled forty fascicles of Categories of Regulations, Forms, Statutes, and Ordinances, grouping related matters together for easier consultation. It was submitted in the ninth month of the twenty-fifth year. An edict ordered fifty copies made at the Executive Office of the Department of State Affairs and dispatched envoys to distribute them across the realm. That year, when the Ministry of Justice adjudicated cases, only fifty-eight people throughout the realm were sentenced to death. Vice Director of the Court of Judicial Review Xu Qiao reported: "In the prison yard of the Court of Judicial Review, tradition held that the air of death was so heavy birds would not alight there—yet now magpies have built nests in its trees." The officials then submitted memorials of congratulation, taking this as a sign that punishments were nearly unused. Emperor Xuanzong rewarded the chief ministers for transforming governance and the judicial officials for fair and evenhanded judgment by enfeoffing Xianke as Duke of Bin and Linfu as Duke of Jin, and granting officials of the Ministry of Justice and Court of Judicial Review two thousand bolts of silk together.

自明慶至先天六十年間，高宗寬仁，政歸宮閫。則天女主猜忌，果于殺戮，宗枝大臣，鍛于酷吏，至於移易宗社，幾亡李氏。神龍之後，後族幹政，景雲繼立，歸妹怙權。開元之際，刑政賞罰，斷於宸極，四十餘年，可謂太平矣。及塚臣懷邪，邊將內侮，乘輿幸于巴、蜀，儲副立于朔方，曾未逾年，載收京邑，書契以來，未有克復宗社若斯之速也。而兩京衣冠，多被脅從，至是相率待罪闕下。而執事者務欲峻刑以取威，盡誅其族，以令天下。議久不定，竟置三司使，以御史大夫兼京兆尹李峴、兵部侍郎呂諲、戶部侍郎兼御史中丞崔器、刑部侍郎兼御史中丞韓擇木、大理卿嚴向等五人為之。初，西京文武官陸大鈞等陷賊來歸，崔器草儀，盡令免冠徒跣，撫膺號泣，以金吾府縣人吏圍之，於朝謝罪，收付大理京兆府獄系之。及陳希烈等大臣至者數百人，又令朝堂徒跣如初，令宰相苗晉卿、崔圓、李麟等百僚同視，以為棄辱，宣詔以責之。朝廷又以負罪者眾，獄中不容，乃賜楊國忠宅鞫之。器、諲多希旨深刻，而擇木無所是非，獨李峴力爭之，乃定所推之罪為六等，集百僚尚書省議之。肅宗方用刑名，公卿但唯唯署名而已。於是河南尹達奚珣等三十九人，以為罪重，與從共棄。珣等十一人，於子城西伏誅。陳希烈、張垍、郭納、獨孤朗等七人，於大理寺獄賜自盡。達奚摯、張岯、李有孚、劉子英、冉大華二十一人，於京兆府門決重杖死。大理卿張均引至獨柳樹下刑人處，免死配流合浦郡，而達奚珣、韋恆乃至腰斬。先是，慶緒至相州，史思明、高秀岩等皆送款請命，肅宗各令復位，便領所管，至是懼不自安，各率其黨叛。其後三司用刑，連年不定，流貶相繼。及王璵為相，素聞物議，請下詔自今已後，三司推勘未畢者，一切放免，大收人望。後蕭華拔魏州歸國，嘗話於朝云：「初河北官聞國家宣詔放陳希列等脅從官一切不問，各令復位，聞者悔歸國之晚，舉措自失。及後聞希烈等死，皆相賀得計，無敢歸者。於是河北將吏，人人益堅，大兵不解。」

Over the sixty years from the Mingqing era to the Xiantian era, Emperor Gaozong was lenient and humane, and power passed into the inner palace. Empress Wu, ruling as female sovereign, was suspicious and ruthless in bloodshed; imperial clansmen and great ministers were framed by cruel officials; the dynasty itself was nearly overturned, and the House of Li almost destroyed. After the Shenlong restoration, the empress's clan meddled in government; under Jingyun the pattern continued, and Princess Guimei leaned on her power. During the Kaiyuan era, criminal policy and the dispensing of rewards and punishments were decided at the throne itself; for more than forty years the age could be called peaceful. When corrupt favorites at court turned wicked and frontier generals rose in rebellion, the emperor fled to Ba and Shu while the heir apparent was installed at Shuofang. In less than a year the capital was retaken—since the age of writing began, never had the dynasty been restored so swiftly. Yet many officials of the two capitals had been coerced into following the rebels, and now they came in succession to the palace gates to await judgment. Those in charge, however, sought to impress the realm with harsh punishments, exterminate entire clans, and enforce obedience throughout the empire. Debate dragged on without resolution until Three Offices commissioners were finally appointed: Vice Censor-in-Chief and concurrent Governor of Jingzhao Li Xian, Vice Director of the Ministry of War Lü Yun, Vice Director of the Ministry of Revenue and concurrent Vice Censor-in-Chief Cui Qi, Vice Director of the Ministry of Justice and concurrent Vice Censor-in-Chief Han Zemu, and Director of the Court of Judicial Review Yan Xiang—five men in all. At first, when civil and military officials of the Western Capital such as Lu Dajun who had fallen into rebel hands returned, Cui Qi drafted the ceremony and ordered them all to remove their caps and go barefoot, beating their breasts and wailing. Golden Guard and county clerks encircled them; at court they confessed their guilt and were handed over to the prisons of the Court of Judicial Review and Jingzhao prefecture. When several hundred great ministers including Chen Xilie arrived, they were again made to go barefoot in court as before, while Chief Ministers Miao Jinqing, Cui Yuan, Li Lin, and the rest of the officials were forced to watch. Considering this an outrage and humiliation, an edict was issued rebuking them. Because so many were under accusation and the prisons could not hold them all, the court granted Yang Guozhong's residence for interrogations. Cui Qi and Lü Yun largely sought to please the throne and pursued harsh sentences; Han Zemu took no clear stand; only Li Xian argued forcefully. They then fixed the recommended crimes in six grades and assembled the officials at the Department of State Affairs to deliberate. Emperor Suzong was then ruling through harsh penal law, and the high ministers simply assented and signed their names. Thirty-nine men, including Governor of Henan Dati Xun, were judged guilty of grave crimes and condemned together with their followers. Eleven of them, including Xun, were secretly executed west of Zi Gate. Seven men—Chen Xilie, Zhang Ya, Guo Na, Dugu Lang, and others—were granted permission to take their own lives in the prison of the Court of Judicial Review. Twenty-one men—including Dati Zhi, Zhang Bi, Li Youfu, Liu Ziying, and Ran Dahua—were beaten to death with heavy rods at the gate of Jingzhao prefecture. Director of the Court of Judicial Review Zhang Jun led others to the execution ground beneath the lone willow tree, where they were spared death and sentenced to exile in Hepu Commandery—but Dati Xun and Wei Heng were cut in two at the waist. Earlier, when Qingxu reached Xiangzhou, Shi Siming, Gao Xiuyan, and others had all submitted and pleaded for their lives. Emperor Suzong restored each to office and left him in command of his territory. Now, fearing for their safety, each led his followers in rebellion. Thereafter the Three Offices kept applying punishments year after year without bringing cases to resolution, and exile and demotion followed one after another. When Wang Yu became chief minister, having long heard public criticism, he requested an edict that from then on all cases still under investigation by the Three Offices should be wholly dismissed and pardoned—a move that greatly won popular esteem. Later, after Xiao Hua recovered Weizhou and returned to allegiance, he once told the court: "At first, when officials in Hebei heard the state's proclamation that all coerced followers of Chen Xilie and others would be released without question and restored to office, those who heard it regretted having delayed their return and lost their bearings. But when they later heard that Xilie and others had been executed, they congratulated one another on having judged wisely—and none dared return. Thereupon the generals and officials of Hebei grew only more resolute, and the great armies could not be stood down."

後有毛若虛、敬羽之流，皆深酷割剝，驟求權柄，殺人以逞刑，厚斂以資國。六七年間，大獄相繼，州縣之內，多是貶降人。肅宗復聞三司多濫，嘗悔云：「朕為三司所誤，深恨之。」及彌留之際，以元載為相，乃詔天下流降人等一切放歸。

Later came men like Mao Ruoxu and Jing Yu—deeply cruel in extortion, suddenly grasping for power, killing to wield the law, and levying heavily to fill the treasury. Over six or seven years major prosecutions followed one after another, and in prefectures and counties most of those caught up in them were demoted or exiled. Emperor Suzong again heard how abusive the Three Offices had become and once lamented: "I was misled by the Three Offices, and I deeply regret it. At his final illness, with Yuan Zai as chief minister, he issued an edict ordering all exiled and demoted persons throughout the realm to be released and sent home.

代宗寶應元年，回紇與史朝義戰，勝，擒其將士妻子老幼四百八十人。上以婦人雖為賊家口，皆是良家子女，被賊逼略，惻然湣之，令萬年縣於勝業佛寺安置，給糧料。若有親屬認者，任還之；如無親族者，任其所適，仍給糧遞過。於是人情莫不感戴忻悅。大曆十四年六月一日，德宗禦丹鳳樓大赦。赦書節文：「律、令、格、式條目有未折衷者，委中書門下簡擇理識通明官共刪定。自至德已來制敕，或因人奏請，或臨事頒行，差互不同，使人疑惑，中書門下與刪定官詳決，取堪久長行用者，編入格條。」三司使，准式以御史中丞、中書舍人、給事中各一人為之，每日於朝堂受詞，推勘處分。建中二年，罷刪定格令使並三司使。先是，以中書門下充刪定格令使，又以給事中、中書舍人、御史中丞為三司使。至是中書門下奏請復舊，以刑部、御史臺、大理寺為之。其格令委刑部刪定。元和四年九月敕：「刑部大理決斷系囚，過為淹遲，是長奸幸。自今已後，大理寺檢斷，不得過二十日，刑部覆下，不得過十日。如刑部覆有異同，寺司重加不得過十五日，省司量覆不得過本日。如有牒外州府節目及於京城內勘，本推即日以報。牒到後計日數，被勘司卻報不得過五日。仍令刑部具遣牒及報牒月日，牒報都省及分察使，各准敕文勾舉糾訪。」

In the first year of Baoying under Emperor Daizong, the Uyghurs fought Shi Chaoyi and won, capturing 480 people—generals, soldiers, wives, children, old and young. The emperor considered that although the women were counted as rebel household members, all were daughters of respectable families seized by force. Moved with pity, he ordered Wannian County to settle them at Shengye Buddhist Temple and provide grain rations. If relatives came forward to claim them, they were permitted to take them back; if they had no kin, they were free to go where they wished, and grain for traveling post stations was still provided. Thereupon the people were universally grateful and rejoiced. On the first day of the sixth month in the fourteenth year of Dali, Emperor Dezong proclaimed a great amnesty from Danfeng Tower. An excerpt from the amnesty document read: "Where articles of statutes, ordinances, regulations, and forms remain unreconciled, commission the Secretariat-Chancellery to select clear-minded officials to revise and fix them together. Edicts since the Zhide era, whether arising from individual petitions or issued on the spot for particular affairs, differ inconsistently and cause confusion. The Secretariat-Chancellery, together with the revising officials, shall examine them in detail, select those suitable for long-term use, and compile them into regulatory articles. Three Offices commissioners, according to established procedure, shall consist of one Vice Censor-in-Chief, one Secretariat Drafter, and one Attendant within, who each day receive petitions at court and investigate and dispose of cases." In the second year of Jianzhong, the commissioners for revising regulations and ordinances and the Three Offices commissioners were abolished. Previously, the Secretariat-Chancellery had served as commissioners for revising regulations and ordinances, while Attendants within, Secretariat Drafters, and Vice Censor-in-Chief had served as Three Offices commissioners. At this point the Secretariat-Chancellery memorialized to restore the old arrangement, with the Ministry of Justice, Censorate, and Court of Judicial Review taking up the role. Revision of the regulations and ordinances was entrusted to the Ministry of Justice. An edict of the ninth month in the fourth year of Yuanhe declared: "The Ministry of Justice and Court of Judicial Review take too long to decide cases of imprisoned persons—this only encourages wrongdoing and evasion. Henceforth, the Court of Judicial Review may take no more than twenty days to examine and decide a case, and the Ministry of Justice no more than ten days to review and transmit the decision. If the Ministry of Justice's review finds disagreement, the court may take no more than fifteen days for re-examination, and the Department no more than that same day for its review. If a case requires investigation in an outside prefecture or within the capital itself, the original investigating office shall report on the same day. Once the dispatch arrives, the investigated office's reply may take no more than five days. The Ministry of Justice shall also record the dates of outgoing and returning dispatches and notify the Executive Office and branch inspectors, who shall verify compliance and investigate violations according to the edict."

六年九月，富平縣人梁悅，為父殺仇人秦果，投縣請罪。敕：「復仇殺人，固有彝典。以其申冤請罪，視死如歸，自詣公門，發於天性。志在徇節，本無求生之心，寧失不經，特從減死之法。宜決一百，配流循州。」職方員外郎韓愈獻議曰：

In the ninth month of the sixth year, Liang Yue of Fuping County killed Qin Guo to avenge his father's death and surrendered himself to the district magistrate to plead guilty. An edict declared: "Killing in revenge is governed by established law. Because he declared his grievance and surrendered himself, facing death as if returning home and coming of his own accord to the public gate—this sprang from natural feeling. His intent was to uphold duty; he had no wish to save his own life. Better to err on the side of mercy than enforce the letter of the law—apply the statute reducing the death penalty. He shall receive one hundred blows and be sentenced to exile in Xunzhou. Vice Director of the Bureau of Appointments Han Yu submitted a memorial, saying:

伏奉今月五日敕：復仇，據禮經則義不同天，征法令則殺人者死。禮法二事，皆王教之端，有此異同，必資論辯，宜令都省集議聞奏者。伏以子復父仇，見於《春秋》，見於《禮記》，又見於《周官》，又見於諸子史，不可勝數，未有非而罪之者也。最宜詳於律，而律無其條，非闕文也。蓋以為不許復仇，則傷孝子之心，而乖先王之訓；許復仇，則人將倚法專殺，無以禁止其端矣。夫律雖本于聖人，然執而行之者，有司也。經之所明者，制有司也。丁甯其義於經，而深沒其文於律者，其意將使法吏一斷於法，而經術之士，得引經而議也。《周官》曰：「凡殺人而義者，令勿仇，仇之則死。」義，宜也，明殺人而不得其宜者，子得復仇也。此百姓之相仇者也。《公羊傳》曰：「父不受誅，子復仇可也。」不受誅者，罪不當誅也。又《周官》曰：「凡報仇讎者，書於士，殺之無罪。」言將復仇，必先言於官，則無罪也。今陛下垂意典章，思立定制。惜有司之守，憐孝子之心，示不自專，訪議群下。臣愚以為復仇之名雖同，而其事各異。或百姓相仇，如《周官》所稱，可議於今者；或為官吏所誅，如《公羊》所稱，不可行於今者。又《周官》所稱，將復仇，先告於士則無罪者。若孤稚羸弱，抱微志而伺敵人之便，恐不能自言於官，未可以為斷於今也。然則殺之與赦，不可一例。宜定其制曰：凡有復父仇者，事發，具其事由，下尚書省集議奏聞。酌其宜而處之，則經律無失其指矣。

"I humbly received the edict of the fifth day of this month on revenge: according to the ritual classics, the duty of vengeance is as great as Heaven itself; according to the legal statutes, one who kills shall die." "Ritual and law are the two foundations of royal teaching. Where they conflict, debate is necessary. It is proper to order the Executive Office to assemble for deliberation and report to the throne." "I consider that a son avenging his father's murder appears in the Spring and Autumn Annals, the Book of Rites, the Rites of Zhou, and countless other classics and histories. Never has such an act been condemned and punished." "This matter ought above all to be spelled out in the statutes, yet the statutes contain no such article. This is not a textual omission." "The reason is that forbidding revenge would wound the filial son's heart and violate the instruction of the former kings;" "but permitting revenge would let people rely on the law to kill on their own authority, with no way to check where that would lead." "Although the statutes originate with the sages, those who hold and execute them are the officials." "What the classics illuminate is meant to govern the officials." "By fixing the meaning in the classics while burying the matter deep in the statutes, the intent is to make legal clerks decide solely by the law, while scholars of the classics may cite the classics in deliberation." "The Rites of Zhou says: 'For all who kill someone justly, order that no revenge be taken; if revenge is taken, the avenger dies.' Yi means fittingness.' This makes clear that where a person is killed without justification, the son may take revenge." "This concerns common people taking revenge on one another." "The Gongyang Commentary says: 'If the father was not lawfully executed, the son may take revenge.' Not subject to execution' means the crime did not warrant execution." "Again the Rites of Zhou says: 'For all who seek to repay a wrong, register it with the officer; if they then kill, there is no crime.' This means that if one intends revenge, one must first inform the authorities; then there is no crime." "Now Your Majesty turns his attention to the canonical regulations and seeks to establish fixed institutions." "Out of regard for the officials' adherence to law and sympathy for the filial son's heart, you show that you do not decide alone and seek deliberation from your ministers." "I consider that though the name of revenge is the same, the cases differ." "Some cases involve common people taking revenge on one another, as the Rites of Zhou describes—these may be considered for the present age;" "others involve those executed by officials, as the Gongyang describes—these cannot be applied today." "Again, what the Rites of Zhou describes—if one intends revenge and first informs the officer, there is no crime." "But if one is orphaned, young, weak, and frail, cherishing a small resolve and waiting for the enemy's moment, fearing one cannot speak for oneself to the authorities—this cannot yet be made a fixed rule for today." "Then whether to execute or pardon cannot be decided by one fixed rule." "It is proper to establish a rule thus: whenever one avenges a father's murder, when the matter arises, the full circumstances shall be set forth and sent to the Department of State Affairs for assembled deliberation and report to the throne." "Weigh what is fitting and dispose accordingly, and the classics and statutes will not lose their true aim."

元和十三年八月，鳳翔節度使鄭余慶等詳定《格後敕》三十卷，右司郎中崔郾等六人修上。其年，刑部侍郎許孟容、蔣乂等奉詔刪定，復勒成三十卷。刑部侍郎劉伯芻等考定，如其舊卷。

In the eighth month of the thirteenth year of Yuanhe, Military Commissioner of Fengxiang Zheng Yuqing and others finalized thirty fascicles of Post-Regulation Edicts, compiled and submitted by Right Bureau Director Cui Yan and six others. That same year, Vice Directors of the Ministry of Justice Xu Mengrong, Jiang Yi, and others received an edict to revise them and again produced thirty fascicles. Vice Director of the Ministry of Justice Liu Boxu and others examined and confirmed them according to the original fascicles.

長慶元年五月，御史中丞牛僧孺奏：「天下刑獄，苦於淹滯，請立程限。大事，大理寺限三十五日詳斷畢，申刑部，限三十日聞奏。中事，大理寺三十日，刑部二十五日。小事，大理寺二十五日，刑部二十日。一狀所犯十人以上，所斷罪二十件以上，為大。所犯六人以上，所斷罪十件以上，為中。所犯五人以下，所斷罪十件以下，為小。其或所抵罪狀並所結刑名並同者，則雖人數甚多，亦同一人之例。違者罪有差。」二年四月，刑部員外郎孫革奏：「京兆府雲陽縣人張蒞，欠羽林官騎康憲錢米。憲征之，蒞承醉拉憲，氣息將絕。憲男買得，年十四，將救其父。以蒞角牴力人，不敢捴解，遂持木鍤擊蒞之首見血，後三日致死者。准律，父為人所毆，子往救，擊其人折傷，減凡鬥三等。至死者，依常律。即買得救父難是性孝，非暴；擊張蒞是心切，非凶。以髫丱之歲，正父子之親，若非聖化所加，童子安能及此？《王制》稱五刑之理，必原父子之親以權之，慎測淺深之量以別之。《春秋》之義，原心定罪。周書所訓，諸罰有權。今買得生被皇風，幼符至孝，哀矜之宥，伏在聖慈。臣職當讞刑，合分善惡。」敕：「康買得尚在童年，能知子道，雖殺人當死，而為父可哀。若從沉命之科，恐失原情之義，宜付法司，減死罪一等。」

In the fifth month of the first year of Changqing, Vice Censor-in-Chief Niu Sengru memorialized: "Criminal cases throughout the realm suffer from delay and backlog. I request that fixed deadlines be established. For major cases, the Court of Judicial Review shall complete detailed judgment within thirty-five days and report to the Ministry of Justice, which shall report to the throne within thirty days. For medium cases, the Court of Judicial Review thirty days, the Ministry of Justice twenty-five days. For minor cases, the Court of Judicial Review twenty-five days, the Ministry of Justice twenty days. In one memorial, if the offenders numbered more than ten persons and the crimes judged exceeded twenty items, it was classified as large. If the offenders numbered more than six persons and the crimes judged exceeded ten items, it was classified as medium. If the offenders numbered five persons or fewer and the crimes judged were ten items or fewer, it was classified as small. If the charged offenses and the fixed punishments were all the same, then even though the number of persons was very great, it was treated by the precedent of a single person. Violators were punished according to the degree of the offense. In the fourth month of the second year, Vice Director of the Ministry of Justice Sun Ge memorialized: "Zhang Li of Yunyang County in the Metropolitan Prefecture owed money and grain to Kang Xian, an officer-rider of the Palace Guards. Xian pressed him for payment; Li, taking advantage of drunkenness, seized and pulled Xian until his breath was nearly gone. Xian's son Maidede was fourteen years old and sought to save his father. Because Li was powerfully built, Maidede did not dare grapple with him, but took a wooden spade and struck Li's head until blood appeared; three days later Li died. According to the code, when a father is beaten by another person and the son goes to rescue him and strikes that person causing broken injury, the offense is reduced three grades from ordinary assault. If death results, the regular code applies. Thus Maidede's saving his father from peril was filial by nature, not violent; striking Zhang Li was heartfelt urgency, not ferocity. At the age of childhood, to uphold the bond of father and son—if not for the sage transformation bestowed upon him, how could a youth reach this? The Royal Regulations say that the principle of the five punishments must trace back to the intimacy of father and son to weigh it, and carefully measure the degrees of severity to distinguish cases. The meaning of the Spring and Autumn Annals is to trace the heart to fix guilt. What the Book of Zhou instructs is that all punishments have discretionary latitude. Now Maidede, born under the imperial wind, in youth matched supreme filial piety—compassionate pardon lies in the sage's kindness. Your servant's duty is to judge punishments and should distinguish good from evil." An edict said: "Kang Maidede is still in childhood and yet knows the way of a son; though killing a man warrants death, acting for his father is pitiable. If the statute of sinking life were followed, one fears losing the meaning of tracing feeling; it is fitting to hand him to the judicial offices and reduce the capital offense by one grade."

大和七年十二月，刑部奏：「先奉敕詳定前大理丞謝登《新編格後敕》六十卷者。臣等據謝登所進，詳諸理例，參以格式，或事非久要，恩出一時，或前後差殊，或書寫錯誤，並已落下及改正訖。去繁舉要，列司分門，都為五十卷。伏請宣下施行。」可之。八年四月，詔應犯輕罪人，除情狀巨蠹，法所難原者，其他過誤罪愆，及尋常公事違犯，不得鞭背。遵太宗之故事也。俄而京兆尹韋長奏：「京師浩穰，奸豪所聚。終日懲罰，抵犯猶多，小有寬容，即難禁戢。若恭守敕旨，則無以肅清；若臨事用刑，則有違詔使。伏望許依前據輕重處置。」從之。

In the twelfth month of the seventh year of Dahe, the Ministry of Justice memorialized: "We were previously commanded to examine and fix the sixty scrolls of Newly Compiled Post-Regulation Edicts by former Assistant Director of the Court of Judicial Review Xie Deng. Your servants, based on what Xie Deng submitted, examined all principles and precedents and compared them with regulations and forms; matters that were not long-term needs, favors issued for a moment, discrepancies between earlier and later versions, or errors in writing—all have been dropped or corrected. Removing the cumbersome and raising the essential, listing bureaus by categories, altogether fifty scrolls. We humbly request that it be proclaimed and sent down for implementation. This was approved. In the fourth month of the eighth year, an edict said that for those who should commit light offenses, except where the circumstances were great corruption and the law could hardly pardon them, all other errors of fault and guilt, and ordinary violations in official business, could not be flogged on the back. This followed the precedent of Taizong. Shortly afterward Metropolitan Prefect Wei Chang memorialized: "The capital is vast and crowded, a gathering place for villains and powerful men. Punishment all day long, yet offenders are still numerous; if there is slight leniency, it is immediately hard to restrain and suppress. If we respectfully obey the edict, there is no way to achieve order and purity; if we apply punishments when handling affairs, we violate the edict's command. We humbly hope to be permitted to dispose according to severity and leniency as before. This was approved.

開成四年，兩省詳定《刑法格》一十卷，敕令施行。

In the fourth year of Kaicheng, the two departments examined and fixed the Penal Regulations in ten scrolls, and an edict ordered them into effect.

會昌元年九月，庫部郎中、知制誥紇幹泉等奏：「准刑部奏，犯贓官五品已上，合抵死刑，請准獄官令死於家者，伏請永為定格。」從之。大中五年四月，刑部侍郎劉彖等奉敕修《大中刑法總要格後敕》六十卷，起貞觀二年六月二十日，至大中五年四月十三日，凡二百二十四年雜敕，都計六百四十六門，二千一百六十五條。七年五月，左衛率倉曹參軍張戣進《大中刑法統類》一十二卷，敕刑部詳定奏行之。

In the ninth month of the first year of Huichang, Bureau Director of the Storehouse and Drafter of Edicts Qian Ganquan and others memorialized: "According to the Ministry of Justice's memorial, corrupt officials of the fifth grade and above who should receive the death penalty—requesting approval of the prison officials' ordinance that they die at home—we humbly request this be made a permanent regulation forever. This was approved. In the fourth month of the fifth year of Dazhong, Vice Director of the Ministry of Justice Liu Yan and others received command to compile the Dazhong General Essentials of Penal Law Post-Regulation Edicts in sixty scrolls, from the twentieth day of the sixth month of the second year of Zhenguan to the thirteenth day of the fourth month of the fifth year of Dazhong—altogether two hundred twenty-four years of miscellaneous edicts, totaling six hundred forty-six categories and two thousand one hundred sixty-five articles. In the fifth month of the seventh year, Staff Officer of the Left Guard Rate Granary Bureau Zhang Kai presented the Dazhong Penal Law Classified Compendium in twelve scrolls; an edict ordered the Ministry of Justice to examine, fix, memorialize, and put it into practice.

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