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卷九十五 志第七十一 刑法三

Volume 95 Treatises 71: Punishment and Law 3

Chapter 95 of 明史 · History of Ming
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Chapter 95
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1
西
The Ming introduced several punishments and legal practices that broke with ancient precedent—among them court beatings, the Eastern and Western Depots, the Embroidered Guard, and the Pacification Office prisons. Each of these institutions killed with extraordinary cruelty and operated outside the bounds of formal law. Successive rulers kept them in use until, in the dynasty's closing decades, they reached their worst excess. Court and country alike entrusted their fate to military thugs and eunuch henchmen—a state of affairs that can only inspire sorrow.
2
The Hongwu Emperor often discussed with his close advisers how great ministers ought to be treated. Grand Astrologer Liu Ji said, "In antiquity, when a duke or minister was guilty, he was presented with a basin of water and a sword and went to the execution chamber to take his own life. He was never casually humiliated—that was how the dignity of high office was preserved." Reader-in-Waiting and Academician Zhan Tong then cited the Da Dai Li and Jia Yi's memorial and added, "In antiquity, punishment did not reach men of great office. The purpose was to encourage integrity and shame. Only in this way could the bond of grace and ritual between ruler and minister be fulfilled on both sides." The Emperor was deeply persuaded.
3
殿
In the sixth year of Hongwu (1373), Minister of Works Wang Su was liable under the law to be caned. The Founder said, "The six ministers hold exalted rank and should not be disgraced over a trifling offense." He ordered that Wang redeem the offense with his salary. Thereafter, when officials were implicated in minor offenses, they were allowed to redeem punishment with salary—this practice began here. Yet Marquis of Yongjia Zhu Liangzu and his son were both flogged to death, and Minister of Works Xue Xiang died under the beating-sticks; memorialists therefore argued that ministers who merited execution should not also be subjected to humiliation. Court beatings, too, began under the Founder. In the third year of Xuande (1428), enraged that Censors Yan Ai, Fang Ding, He Jie, and others had long neglected court audience in favor of wine and women, the emperor ordered them placed in cangues and paraded as a public warning. From this point on, remonstrating officials were sometimes made to wear the cangue in public. By the Zhengtong reign (1436–1449), with Wang Zhen wielding unchecked power, Minister Liu Zhongfu, Vice Ministers Wu Xi and Chen Yao, and Libationer Li Shimian were among those who suffered this disgrace, and beatings on the palace steps became routine. In the fifteenth year of Chenghua (1479), Wang Zhi framed Vice Minister Ma Wensheng, Censor-in-Chief Mou Feng, and others; an edict rebuked fifty-six supervising secretaries and censors, including Li Jun and Wang Jun, for concealing the affair, and twenty men received court beatings. In the fourteenth year of Zhengde (1519), for opposing the emperor's southern tour, one hundred forty-six officials including Shu Fen and Huang Gong were beaten at court; eleven died. In the third year of Jiajing (1524), during the Grand Rites controversy, one hundred thirty-four officials including Feng Xi were beaten at court; sixteen died. In the middle period of his reign, penal practice grew ever harsher, and even senior ministers were not spared caning and public humiliation. Xuan-Da Governor-General Zhai Peng and Jizhou Grand Coordinator Zhu Fang were beaten for withdrawing defenses too early; Xuan-Da Governor-General Guo Zonggao and Datong Grand Coordinator Chen Yao, for allowing the enemy into Datong; Vice Minister of Justice Peng An, Left Censor-in-Chief Tu Qiao, and Chief Justice Shen Liangcai, for moving too slowly on the Ding Ru'ao case; Vice Minister of Military Affairs Jiang Yingkui and Left Commissioner Tang Guoxiang, because their sons had falsely claimed merit—all were seized and beaten at court. Zhu Fang and Chen Yao died under the rods; Peng An, Tu Qiao, Shen Liangcai, and others, once the beating ended, were sent straight back to their duties. Humiliation of this kind visited upon senior ministers was unprecedented. On another occasion, at the New Year's court audience, he grew angry with the six-section supervising secretaries Zhang Sijing and others and had them beaten while still in full court dress; the whole empire was stunned. Over more than forty years, the number of court officials beaten to death far exceeded that of any previous age. In the fifth year of Wanli (1577), for opposing Zhang Juzheng's refusal to leave mourning, Wu Zhongxing and four others were beaten at court. Thereafter Lu Hongchun, Meng Yanghao, Wang Dewan, and others were beaten as well; in some cases the count reached one hundred strokes. Later the emperor grew ever more impatient with remonstrators; memorials were often held back in the palace, and court beatings gradually ceased. During the Tianqi reign (1621–1627), eunuch Wang Tigan, conducting the great amnesty review, heavily caned imperial kinsman Li Chengen to please Wei Zhongxian. Wan Huang and Wu Yuzhong died under the rods; the censorate protested in vain. Grand Secretary Ye Xianggao said, "A corrupt practice abandoned for decades has resurfaced three times in ten days. It must not be allowed to continue." Zhongxian then suspended court beatings and sent everyone he wished to destroy to the Pacification Office prison; scholar-officials had ever less chance of survival.
4
Court beatings in Nanjing began in the eighteenth year of Chenghua (1482). Southern Censor Li Shan and others petitioned for famine relief after a year of crop failure. The emperor seized on errors in their memorial and ordered the Embroidered Guard to the Meridian Gate at Nanjing; each man received twenty strokes under the supervision of the garrison eunuch. By the Zhengde reign, Southern Censor Li Xi impeached a corrupt official and provoked Liu Jin, who forged an edict ordering thirty strokes. The Nanjing guard had long ceased to administer corporal punishment; selected soldiers practiced for several days before beating him, and he nearly died.
5
西 西 西便
The Eastern Depot was established under Chengzu (Yongle). The Embroidered Guard prisons had been used under the Founder but were later banned; their revival likewise began in the Yongle reign. The Depot and the Guard relied on each other, so commentators spoke of them together as the "Depot and Guard." When Chengzu first rose in Beiping, he spied on palace affairs, relying largely on men from the Jianwen emperor's circle as informants. After his accession he relied exclusively on eunuchs, established the Eastern Depot north of Dong'an Gate, and placed his favorites in charge to investigate treason, seditious talk, and grave crimes; it shared power equally with the Embroidered Guard—a development of the post-relocation capital. Yet Guard commanders such as Ji Gang and Men Da, as imperial favorites, held power in turn, and the Depot could not rival them. Under Xianzong, Shang Ming headed the Eastern Depot while a separate Western Depot was set up for intelligence work under Wang Zhi; the mounted guards at his command were twice the Eastern Depot's strength. From the capital to the provinces, agents crisscrossed the land on surveillance missions; even princely establishments were not spared. Wang Zhi was dismissed and restored mid-career; over six years in all, victims of wrongful death followed one after another, and his power far outstripped the Guard's. As Wang Zhi repeatedly went to the frontier to supervise troops, Grand Secretary Wan An said, "When Taizong built Beijing, he ordered Embroidered Guard officers to conduct investigations, still fearing that outside officials might show favoritism; hence the Eastern Depot, placed under inner eunuchs. For fifty or sixty years the arrangement has had settled rules. When a demon fox was reported abroad at night, the people were alarmed and His Majesty was troubled; the Western Depot was added and Wang Zhi was specially charged with investigations to guard against unforeseen trouble—a temporary expedient meant to reassure the public. I will not rehearse at length the disturbances that followed. Now that Wang Zhi is garrisoned at Datong, everyone in the capital agrees that abolishing the Western Depot would be best. I humbly beg that Your Majesty issue a special edict abolishing it and return all officers and guards to their original posts—the altars of state would be greatly fortunate." The emperor accepted his advice. Shang Ming monopolized power but was soon dismissed too. In the first year of Hongzhi (1488), Assistant Department Director Zhang Lun petitioned to abolish the Eastern Depot. The court gave no response. Yet Xiaozong was benevolent and magnanimous; the Depot and Guard dared not throw their weight around; Luo Xiang and Yang Peng, who ran the Depot, merely performed their duties.
6
西 使 西 使 西 使
In the first year of Zhengde (1506), Eastern Depot eunuch Wang Yue was killed and Qiu Ju appointed in his place; the Western Depot was re-established under Gu Dayong—all were part of Liu Jin's faction. The two Depots competed for power and sent patrol guards to spy throughout the realm. Wu Dengxian of Nankang and others staged a playful dragon-boat race; they were executed and their households confiscated. In remote prefectures, the sight of men in bright clothes on spirited horses speaking the capital dialect sent people fleeing in every direction. Local officials, catching wind of their approach, secretly offered bribes. Ruffians seized the opportunity to commit crimes, and the whole empire lived in fear, afraid to move. Guard Commissioner Shi Wenyi was also one of Jin's men; the Depot and Guard were now fully aligned. Jin further converted the Fuelwood Office's outer fuel depot into an Operations Depot and the old warehouse grounds of the Rong princely establishment into an Inner Operations Depot, which he personally supervised. The capital called it the Inner Operations Depot; even the Eastern and Western Depots fell under its surveillance, and its methods were more brutal still. He also set new precedents: regardless of the offense's gravity, all offenders were beaten and exiled permanently to the frontier, or sent away wearing the cangue. The cangue could weigh as much as one hundred fifty jin; victims died within days. Director of the Imperial Treasuries Gu Xuan, Vice Commissioner Yao Xiang, Ministry of Works Bureau Director Zhang Wei, Censor Wang Shizhong, and others were not spared; on the verge of death they were banished to frontier service. Censors Chai Wenxian and Wang Cheng were sentenced to dismemberment for minor offenses. Thousands of officials, soldiers, and commoners died unlawfully. After Jin's execution, the Western Depot and Inner Operations Depot were abolished; only the Eastern Depot remained. Zhang Rui headed it; together with Guard Commissioner Qiang Ni they used investigations to fabricate cases at will. From this point the joint term "Depot and Guard" became firmly established.
7
使 使
In the second year of Jiajing (1523), Eastern Depot head Rui Jingxian employed chiliarch Tao Chun, who fabricated numerous false charges. Supervising Secretary Liu Zui remonstrated firmly and was demoted to magistrate of Guangde Prefecture. Censor Huang Deyong was dispatched by relay post. A man named Yan Ruhuan happened to travel with them, his baggage wrapped in yellow brocade. Jingxian immediately memorialized; they were arrested and imprisoned; Liu Zui and the others were assigned to frontier service in varying degrees. Supervising Secretary Liu Ji said, "Liu Zui's offense did not warrant banishment to the frontier. Moreover, when arrests are made at eunuchs' gates, confessions forged by military brutes, and verdicts handed down by secret inner edicts—how can such justice be shown to the empire?" The court gave no response. At this time garrison eunuchs throughout the realm were dismissed, yet senior ministers clung to precedent, claiming the Eastern Depot had been established by the imperial ancestors and could not be abolished—not realizing it was not the Founder's institution. Yet Shizong kept inner eunuchs on a tight rein; they dared not run wild; Depot power fell far short of Guard Commissioner Lu Bing's.
8
使 使 使
Early in the Wanli reign, Feng Bao, holding the Directorate of Ceremonial while also running Depot affairs, built a new depot north of the upper east gate, called the Inner Depot; the original establishment became the Outer Depot. Bao and Zhang Juzheng raised the Wang Dachen case, seeking to exterminate Gao Gong's clan; Guard Commissioner Zhu Xixiao firmly resisted, and Gong was cleared; the Guard still did not align closely with the Depot. In the middle years of his reign, mining-tax envoys repeatedly went out to prey on the provinces, yet Eastern Depot heads Zhang Cheng, Sun Xian, and Chen Ju were all restrained. Chen Ju handled the demon-book case without indiscriminate implication and won some praise at the time. The emperor had no taste for harsh scrutiny; punishments were rarely imposed; grass even grew in the Depot and Guard prisons. By the Tianqi reign, Wei Zhongxian, holding the brush while running Depot affairs, employed Guard Commissioner Tian Ergeng, Pacification Commissioner Xu Xianchun, and their ilk to terrorize court and country alike; the Depot and Guard reached the height of their cruelty.
9
使
Whenever an inner eunuch held the Directorate of Ceremonial seal, his subordinates called him Patriarch; the one who supervised the Eastern Depot was called Supervisor Patriarch. The Eastern Depot had no dedicated officials of its own; one chiliarch managed punishments and one centurion handled cases—called "attached punishers"—all drawn from the Guard. Its staff were all drawn from the Guard; only the nimblest and most cunning were assigned. The head servant was called a "file-head": peaked cap, blue-gray collarless jacket and pleated skirt, small cord at the waist, white leather boots—devoted exclusively to surveillance. Beneath him several "banner-men" served as operatives. Capital fugitives who swindled for money or nursed grudges treated the operatives as their refuge. When they uncovered a secret, they reported it confidentially to the file-head, who judged the affair's importance and paid them in advance. The case was called "raising the count"; the payment was called "buying the count." Once a case was secured, they led the banner-men to the accused's home and seated themselves on either side—a procedure called "driving the stake." The banner-men would burst in at once, seize the accused, and interrogate them. Without supporting documents or warrants, once bribes were paid as demanded, they departed at once. At the slightest displeasure they would beat and torture victims—methods called "dry press wine" and "hauling the seine," whose agony exceeded official punishments tenfold. They also instructed informants to implicate powerful figures—but if those figures paid a large bribe, the matter ended there. If someone refused to pay or paid too little, word was immediately sent upward; the victim was thrown into the Pacification Office prison and was as good as dead. On the first day of each month, several hundred Depot operatives drew lots in the courtyard and were dispatched to surveil government offices. Surveillance of joint trials of major cases at central prefectural offices and of the northern Pacification Office's interrogation of serious offenders was called "listening records." Surveillance at other government offices and city-gate investigations was called "sitting records." When a clerk submitted a sitting-record report to the Depot—"Official X did Y; Gate Z caught culprit W"—it was called a "striking event." Reports reached the Donghua Gate; even at dead of night the bearers slipped through gaps in the gate, dismissed attendants, and delivered the message directly to the emperor. By established practice, matters great and small alike were brought to the emperor's ears. Trivial household gossip might circulate in the palace as amusement—but court and realm alike trembled in fear of "striking events." The Embroidered Guard operated much like the Depot. The Guard, however, had to submit a formal memorial before reports reached the throne—so its power fell far short of the Depot's. Four men were drinking in a private room one night. One, drunk, casually cursed Wei Zhongxian; the other three sat frozen in silence. Before the curses ended, banner-men seized all four and brought them to Zhongxian. The curser was immediately dismembered; the other three were shaken down for gold. The three men's souls were shattered; they did not dare move.
10
使 忿
When the Chongzhen Emperor came to the throne, Zhongxian was executed—but Wang Tiqian, Wang Yongzuo, Zheng Zhihui, Li Chenfang, Cao Huachun, Wang Dehua, Wang Zhixin, Wang Huamin, Qi Benzheng, and others took the Depot in succession, and the culture of secret denunciation never abated. Zhixin and Huachun recorded their merits in apprehending offenders and secured hereditary posts in the Embroidered Guard for brothers and nephews. Dehua, the Eastern Depot magistrate Wu Daozheng, and others meanwhile spied on Grand Secretary Xue Guoguan's private affairs—leading to Guoguan's death. By then the Guard commander had long been cowed by the Depot's authority and largely did its bidding. In Chongzhen year 15, Censor Yang Renyuan said: "When the dynastic founder established the bureaucracy, there was no such institution as an intelligence bureau. When officials broke the law, remonstrating censors impeached them directly—without secret denunciations. Later, to purify the capital, the Eastern Depot was established. In my posting in the Southern City, I see many lawsuits in which people plead injustice because of impostor Depot operatives. When even impostors cause such harm, how much worse is the real Depot? This is the consequence of institutional overreach compounded over time. The 'accumulated weight' means this: performance quotas required a quota of striking events, so banner-servants posted prices to buy cases. Sellers went so far as to lure innocents into crime and then sell them as culprits; the banner-servants never asked how the case arose—the entrapers took their cut and departed." Anyone nursing a grievance could denounce another and fabricate a capital charge—and invariably get revenge. I humbly ask that the Depot's striking-event quotas be relaxed. Relax the quotas, and both buyers and sellers of cases may cease—the accumulated weight might then be lightened. Afterward he again urged that brocade-clad mounted agents not be dispatched. The emperor instructed the Eastern Depot that investigations should be limited to treason and violations of human relations; ordinary crimes remained within the jurisdiction of regular offices. He also admonished the Embroidered Guard's runner-officers against extortion. Yet the emperor relied on the Depots and Guard more heavily than ever—a dependence that ended only with the dynasty's fall.
11
使
The Embroidered Guard prison was what the world called the imperial prison. In antiquity, prisons and legal proceedings were handled solely by the Minister of Justice. Emperor Wu of Han first established twenty-six imperial prisons; later dynasties modified the system repeatedly. In the Five Dynasties, Tang Mingzong created the post of Commander-in-Chief of the Personal Guards' Cavalry and Infantry—a title signifying the emperor's direct command of troops. Under Later Han, the Personal Guard Office maintained its own prison where all major cases were adjudicated. The Ming Embroidered Guard prison was its counterpart—secret imprisonment of extraordinary cruelty; no institution wrought greater harm.
12
使 西 使
Under the Founding Emperor, those accused of grave crimes from across the realm were detained in the Guard prison. Repeated major trials were conducted under his direct authority, and executions were numerous. Later he burned all the Guard's torture implements and sent prisoners to the Ministry of Punishments for trial. In year 26 he reaffirmed the prohibition: no case, great or small, from any prison might be sent to the Embroidered Guard—all matters must pass through the regular judicial system. Emperor Chengzu favored Ji Gang, put him in command of the Embroidered Guard's personal troops, and restored administration of the imperial prison. Gang then deployed his partisans Zhuang Jing, Yuan Jiang, Wang Qian, and Li Chun to fabricate wrongdoing on countless pretexts. Eventually Gang's entire clan was exterminated—but the Guard's administration of the imperial prison continued unchanged. The Hongwu prohibition was abandoned. In Yingzong's early reign, Liu Mian and Xu Gong, who managed Guard affairs, were both diligent and restrained. But Wang Zhen deployed Commander Ma Shun, whose abuses spread nationwide—the cangue for Li Shimian, the murder of Liu Qiu—all Shun's doing. At the start of Jingdi's reign, when the abuses of intelligence runner-officers were brought up, the emperor sharply reprimanded their chiefs, ordered all arrestees sent to the judicial offices, and stipulated heavy penalties for false accusations. When Yingzong regained the throne, he summoned Li Xian in private and asked his assessment of current policy. Xian spoke at length about the harm wrought by runner-officers who seized people at will. The emperor agreed, secretly verified the charges, and summoned the chiefs to admonish them. When the case alleging Prince Yiyang's incest proved fabricated, he issued further admonitions. Yet Commander Men Da and Pacifier Su Gao enjoyed imperial favor at this time—and Xian himself was nearly entrapped by fabricated charges several times. Da dispatched banner-officers in all directions; Gao established parallel supervision programs, with maximizing arrests as the goal. Thousand-officer Huang Lin went to Guangxi, seized Censor Wu Zhen, and demanded over two hundred sets of prison implements. Officials from across the realm visiting the capital for tribute fell into the Guard's net in great numbers. After Gao died, Da took over the Pacification Office as well. He fabricated charges against Commander Yuan Bin, imprisoned and interrogated him, and applied the five tortures in rotation. Bin barely survived. Court officials including Yang Jin, Li Fan, Han Qi, Li Guan, Bao Ying, Zhang Zuo, and Cheng Wanzhong were shackled and seized. Victims crying injustice on the roads were beyond counting. After Ji Gang's execution, his followers had briefly restrained themselves. In the Zhengtong era they flourished again. By the end of Tianshun the abuse raged fiercer still—court and country alike feared for their lives. Though Li Xian spoke against it with all his force, he could not stop it.
13
使 西 使 使 使 使
The Pacification Office managed prisons and legal proceedings. At first only one office existed, equal in rank to the outer guards. In Hongwu year 15 the northern office was added; military artisans and other functions were assigned to the southern Pacification Office, leaving the northern office exclusively in charge of the imperial prison. Major cases, once interrogated, were sent to the judicial offices for sentencing—but formal written verdicts were never prepared. In Chenghua 1, review memorials were required to use summary phrasing—the judicial offices were increasingly constrained. In year 14 the northern office's seal was recast. All criminal matters bypassed the parent Guard entirely; even when the Guard issued orders, the Pacification Office reported directly upward—the Guard commander was kept out of the loop. Though the Pacifier's rank was low, his power grew steadily heavier. At first the Guard prison was housed within the Guard headquarters. When Men Da took charge of interrogations, he built prison cells west of the city, where detainees were kept in chaotic overcrowding. After Da's downfall, on Censor Lü Hong's advice, the cells were torn down. In Chenghua year 10, Censor-in-Chief Li Bin said: "The Embroidered Guard Pacification Office has repeatedly seized 'heretical books' and illustrated texts—all absurd, unorthodox nonsense. Ignorant commoners are easily deluded by such material. I ask that these titles be fully catalogued and posted throughout the realm, so people may recognize them, stay clear, and avoid criminal entrapment. The request was approved. False accusations by intelligence agents did not cease. In year 13 they arrested Wang Feng of Ningjin and others, falsely charging receipt of heretical texts from a blind man and assumption of bogus titles. They also implicated local officials Magistrate Xue Fang and Vice Magistrate Cao Ding in conspiracy, dispatched troops to surround their homes, and beat and tortured false confessions from them. Fang's and Ding's families cried out their innocence. The judicial offices investigated, confirmed the fabrication, and sentenced the accusers to decapitation for falsely reporting heretical talk. The emperor merely admonished them not to harm innocents—he could not bring further charges. That year Vice Thousand-officer Wu Shou of the Embroidered Guard was assigned to assist the Pacification Office in interrogations. Shou was cunning and treacherous; he attached himself to Wang Zhi to rise. Later, sensing public outrage, he stopped beating civil officials imprisoned without cause. When he crossed Zhi's will, he was dismissed. At this time only Guard Commander Zhu Ji administered law fairly; in heresy cases under his jurisdiction, no innocent was convicted. In the imperial prison under his authority he alone used light rods for punishment. When palace envoys ordered him to account for this, he refused to change. The world praised him for it. In Hongzhi year 13, an edict to the judicial offices said: "All prisoners sent by the Depots and Guard must be openly tried; where injustice is found, rectify it—do not be bound by completed verdicts. In the Zhengde era, Guard Commander Shi Wenyi and Zhang Cai wielded power in concert and were known as Liu Jin's left and right arms. Wenyi, however, constantly attended Jin and did not manage day-to-day affairs—that role fell to Gao Delin. When Jin was executed, Wenyi was put to death and Delin was dismissed. Later Qiang Ni took charge and again indulged in gross abuses; he was executed for rebellion.
14
使 使 使
When Shizong came to the throne, he abolished sixteen specially appointed Guard posts, cut fifteen banner-officers, and instructed intelligence agents to investigate only sedition, heretical talk, homicide, and serious robbery—not other lawsuits or local matters outside the capital. Before long most cases were routed to the Pacification Office, whose officers cultivated ties with inner eunuchs and often got their way through manipulation. When Eunuch Cui Wen's corruption was exposed, the case went to the Ministry of Punishments—but a secret edict from within soon transferred it to the Pacification Office. Minister Lin Jun said: "Under the dynastic founders, criminal matters were entrusted to the judicial offices; all cases, great and small, were heard and tried impartially. Since Liu Jin and Qiang Ni held power, the Pacification Office has monopolized cases, fabricating wrongful imprisonments and wrecking legal discipline. Reform and good governance depend on today—we must not let trivial matters undermine the law. His advice was ignored. Jun protested again: "Open this door and serious offenders will use connections to obtain secret edicts from within seeking exemption—laying the groundwork for disorder. Censor Cao Huai also remonstrated: "If the court relies exclusively on the Pacification Office, the judicial offices might as well be empty—the judges become redundant." The emperor heeded neither protest. In year 6, Vice Minister Zhang Cong and others said: "The founders established the Three Judicial Offices to correct official corruption and settle lawsuits; they established the Eastern Depot and Embroidered Guard to apprehend robbers and investigate subversives. Henceforth corrupt officials and wrongful convictions remain the judicial offices' responsibility; only where officials bend the law through favoritism may the Depots and Guard intervene. Robbers and subversives remain the Depots' and Guard's responsibility—but all cases must still be sent to the judicial offices for sentencing. An edict ordered that the proposal be carried out. Yet the official guards continued to arrest people with as much impunity as before. Supervising Secretary Cai Jing and others spoke of the harm, asking that the guards be abolished and no longer dispatched. Minister Hu Shinan asked that their proposal be adopted. Senior Tutor Huo Tao also said: "Criminal matters should rest with the Three Judicial Offices alone—the Embroidered Guard keeps interfering brazenly. In antiquity Emperor Guangwu of Han prized reputation and integrity, and Emperor Taizu of Song would not apply penal law to officials in court dress—after which loyal men competed to die upholding their principles. Handing a scholar-official over to the punishment offices when he is guilty is humiliation enough. For grave offenses, dismissal or execution would suffice—yet they set many official guards on him, strip off his cap and robes, and put him in shackles. Standing in the morning among the court's senior ranks, by evening confined in a dark prison—the firm heart and strong spirit are broken almost entirely. When review clears him of wrongdoing and he stands again in court with cap and belt, soldiers and guards point and say: 'That one—I humiliated him; that one—I bound and seized him.' Petty men lose all restraint; gentlemen in turn shrink from standing firm. This is why bold spirits dream of retreat to the mountains, and in crisis few are found who will stand by their principles. I ask that hereafter the Eastern Depot be kept from court ceremony, and the Embroidered Guard from administering criminal cases. When scholar-officials deserve exile, dismissal, or death, spare them the rod and shackles—to nurture integrity, lift men's spirits, and encourage steadfast service. The emperor deemed Tao's speech presumptuous and reckless, and rejected it. By ancestral regulation, at every court assembly the Depots and Guard led their subordinates—five hundred guard officers arrayed below the Gate of Heavenly Succession to maintain ceremonial order. Anyone who breached ceremony was stripped of cap and robes, dragged to the Pacification Office prison, beaten, and only then released—this is what Tao had in mind. By the Wanli reign, offenders against ceremony were no longer sent to prison—they were fined in salary only. The Shizong Emperor still resented Zhang Heling and Yanling; schemers such as Liu Dongshan then falsely accused the two of poisoning, witchcraft, and cursing. The emperor flew into a rage and sent them to the imperial prison; Dongshan used the case to implicate everyone he had long resented. Guard Commander Wang Zuo uncovered the truth and applied the counter-charge law for false accusation. Zuo then placed Dongshan and the others in the cangue outside the palace gate; within ten days all were dead—people compared him to Mou Bin. Mou Bin had been a guard officer under the Hongzhi Emperor. When Li Mengyang spoke out against the Yanling brothers' misconduct and was imprisoned, Bin applied a lighter statute and saved his life, it is said. In the Shizong Emperor's middle years, Guard Commander Lu Bing was jealous and ruthless, allied with Yan Song, and helped bring down Xia Yan. Yet the emperor repeatedly launched major prosecutions, and Bing often shielded the accused—so scholar-officials did not turn against him.
15
使滿
Under Wanli, anyone who remonstrated or resisted mining taxes and tax monopolies was promptly sent to the imperial prison. Supervising Secretary Yang Yingwen of the Penal Section reported: "More than one hundred fifty surveillance commissioners, magistrates, and ordinary people have been seized. Though tortured, none have reached the judicial offices. The prisons are sealed tight—no provisions or warmth get in—and pestilence fills the cells. Guard Commander Luo Sigong also reported: "The annual summer prison review is supposed to be held before Grain Full—it has not been held for two years. Nearly two hundred prisoners languish in the Pacification Office; many throw tiles from their cells crying that they are innocent." Pacification Office officer Lu Kui also reported: "Prisoners, seething with resentment, have taken knives and cut off their own fingers." None of these memorials received a response. Yet by then the fever of informers had cooled, and few senior ministers were arrested. In the dynasty's last years, arrests of officials eased somewhat, and the Embroidered Guard prison gradually emptied.
16
宿
Under the Xizong Emperor, Tian Ergeng and Xu Xianchun were Wei Zhongxian's adopted sons; their allies Sun Yunhe, Yang Huan, and Cui Yingyuan helped torture Yang Lian, Zuo Guangdou, and others—charging them with corruption under statutory comparison, setting strict deadlines and supervising relentlessly. Every two days brought a new deadline; anyone who failed to pay the demanded sum on time received the full suite of tortures. The full suite comprised restraints, leg irons, cudgels, finger presses, and leg-press boards. All five tortures were deployed; wails filled the air, flesh and blood putrefied, and victims twisted in agony begging for death they could not obtain. Xianchun barked orders with casual ease, but always waited on Wei Zhongxian's word—he dared not begin interrogation until Zhongxian's note-taker had arrived. One evening he ordered the prisoners separated into individual cells for the night. The jailers then said: "Tonight someone gets the wall pole." Wall pole"—prison slang for death. The next day Lian died; Guangdou and the others were strangled to death in succession with the lock-head rope. After each death they waited several days, then wrapped the corpse in a reed mat and carried it out through the prison door, maggots already feasting on the rotting flesh. Prison affairs were kept secret; families sometimes never learned the day of death. After the Zhuanglie Emperor seized and executed the rebel faction, sons and younger brothers of the wrongfully dead prostrated themselves at the prison gate, wailing and composing memorial texts of sacrifice. The emperor was deeply moved when he heard of it.
17
西 使
Since Liu Jin invented the standing cangue, the Embroidered Guard prison used it routinely. Under the Shenzong Emperor, Censor Zhu Yinggu described its brutality in full and asked that it be abolished. His request was ignored. Under Zhongxian the cangue grew even larger, and new tortures were added—breaking the spine, smashing fingers, and piercing the heart. The Zhuanglie Emperor asked his attendants: "What is the standing cangue for? Wang Tiqian replied: "For punishing the greatest traitors and evildoers." The emperor said darkly: "Even so, it remains pitiable." Zhongxian visibly cringed. The Eastern Depot's tyranny reached its peak under Zhongxian. Yet Depots and Guard were always intertwined—the Depots could sway the severity of cases from within the palace. When officials in the outer court resisted, the Guard's eastern and western bureau rooms tracked them down, the northern bureau tortured confessions out of them, fabricated evidence to close the case, and only then sent them to the judicial offices. Even prisoners seized by the Eastern Depot had to be transferred to the Pacification Office for re-interrogation before the Ministry of Punishments could fix their sentences. When the Depots were strong, the Guard attached itself to them; when Depot power waned, the Guard in turn lorded it over them. Lu Bing investigated secret misconduct by Li Bin of the Directorate of Ceremonial and Ma Guang of the Eastern Depot—both men were executed—because he had the backing of Yan Song and the Grand Secretariat. Later, as eunuchs grew ever more powerful, the Grand Secretariat's influence steadily waned. Grand secretaries now ranked below the Depots, and Guard commanders competed to grovel at the Depot gates, content to serve as menials.
18
竿 使 使
Promotion within the Embroidered Guard followed four paths: hereditary merit guard, appointment by privilege of office, examination graduate, and promotion for service. Before Jiajing, sons of civil officials mostly scorned such appointments. Early in Wanli, Liu Shouyou—a distinguished minister's son—headed the Guard; thereafter everyone was eager for the post. Scholar-officials cultivated ties with them, and in urgent prison cases often depended on their help. Notable examples include Shouyou's son Chengxi and Wu Mengming. The Zhuanglie Emperor distrusted his court; Wang Dehua ran the Eastern Depot with brutal assistants, while Mengming held the Guard seal—he sometimes showed mercy, but always watched the Depot's mood and never dared defy it. Pacification officers Liang Qinghong and Qiao Keyong formed a vicious partnership. Spies constantly tracked comings and goings at every official's gate, so households stayed up late and barred their doors early, afraid even to whisper. When banner guards passed a gate it was like a major robbery—officials became their purses, splitting the loot. Spies infiltrated the capital; laborers and peddlers secretly worked as bandits' agents—not one plot was uncovered, while great families lived in constant dread. Their cleverest agents traded freely in favors; cross them slightly and accusations flew—in a single phrase from a letter they would implicate a dozen people. When Jiang Cai and Xiong Kaiyuan were imprisoned, the emperor ordered Guard Commander Luo Yangxing to kill them in secret. Yangxing disclosed the emperor's order and argued: "These two ministers deserve death—but let the proper office handle it, record their crimes, and make the world see clearly. If Your Majesty secretly has me kill them, what will the world and posterity say of you as a ruler? Many senior ministers spoke up for Cai and the others, and the two were held in long-term detention instead. This was to Yangxing's credit—yet in other matters he rampaged just as freely.
19
Under old Embroidered Guard practice, merit rewards were reserved for those who apprehended subversives. Later the system became corrupt beyond reckoning—not one report in a hundred was genuine. Officials and commoners were crushed under the burden, yet the Depots' and Guard's reward petitions were routinely approved. Early in Longqing, Supervising Secretary Ouyang Yijing condemned the abuses at length: "Investigation officers hold power that invites abuse, and each unit tallies arrests to rack up merit ranks for promotion. Given power they can abuse and quotas they must fill, they frame the innocent for their own gain—there is nothing they will not do. Thieves who turned themselves in and were spared were made to implicate commoners to pad the numbers; households were stripped of everything as stolen goods, with market bullies coerced as witnesses; texts were planted, forged endorsements planted on victims, and they were charged under laws against seditious writings and false seals; similar names led to vague arrests; a father pleaded his son's filial devotion, yet the son was convicted of unfilial conduct. Households subjected to investigation were proverbially 'plowed under'—the devastation speaks for itself. I ask that a fixed rule be established: for secret and serious cases touching fundamental law, the Depots and Guard may petition as before. Where guilt is unclear and no trial has been held, merit rewards must wait until the judicial offices have fully tried the case and closed it. Have the Ministries of War and Punishments investigate thoroughly, then seek imperial approval for promotion and reward. Arrests that have not yet become completed cases must not yield inflated merit claims; unrelated lawsuits must not be swept in, encroaching on regular officials' jurisdiction. If guards or the Pacification Office severely beat prisoners—or kill them—before a case is closed, let the judicial offices investigate and punish. If the judicial offices cover for them, let supervising secretaries join in impeachment. Then merit claims would be verified, investigations would target real crimes, and punishment would be free of wrongful excess. At the time his proposal was not adopted.
20
使
Eunuchs reviewing prisoners alongside the judicial offices began in Zhengtong year 6, when He Wenyuan and Wang Wen were ordered to try doubtful cases at the mobile capital, joined by Inner Eunuch Xing An. When Zhou Chen and Guo Jin went to Nanjing, the same instruction applied. Although the five-year great review system was not yet established, inner eunuchs in both capitals were already joining the three judicial offices in handling criminal cases. In the sixth year of Jingtai (1455), eunuch Wang Cheng was ordered to join the three judicial offices in reviewing capital prisoners—Nanjing was not included; the practice began in response to a natural disaster. In the eighth year of Chenghua (1472), Director of Ceremonies eunuch Wang Gao and Vice Director Song Wenyi were ordered to conduct joint reviews in both capitals; the system of dispatching compassionate-review officials to the provinces was also established that year. In the seventeenth year (1481), the xinmao year, eunuch Huai'en was ordered to join the judicial offices in recording prisoners. Thereafter, review recordings were always conducted in years with the bing or xin stem. In the ninth year of Hongzhi (1496), no inner eunuchs were dispatched. In the thirteenth year (1500), on Supervising Secretary Qiu Jun's memorial, joint review was restored. At every great review, the envoy carried the imperial command and raised a yellow canopy at the Court of Judicial Review. A three-foot altar was set up; the eunuch sat in the center, the three judicial offices to his left and right, while censors and bureau directors below stood holding documents, answering and scurrying with utmost deference. The three judicial offices reviewed completed cases, but any adjustment in severity followed the inner eunuch's wishes—they dared not dissent. During the Chenghua reign, a joint review case involved a younger brother who aided his elder in a brawl and thereby beat a man to death; eunuch Huang Ci wished to apply the lightest possible sentence. Minister Lu Yu and others objected, but Ci said, "When people of the same household fight, custom allows one to loosen the hair and adjust the cap to intervene—how much more when it is one's elder brother?" Yu and the others dared not press the point; in the end the law was bent to accommodate him. At the great review of the thirty-fourth year of Wanli (1606), Censor Cao Xuecheng had long been imprisoned for remonstrance; officials petitioned for his pardon, but the emperor would not listen. Vice Minister of Justice Shen Yingwen, acting as Minister, together with the heads of the commissions and courts, wrote to eunuch Chen Ju asking that Xuecheng's sentence be lightened. Only then was joint review held; when the case was complete, all signed and submitted a joint memorial. Chen Ju then secretly reported that Xuecheng's mother was elderly and deserving of pity. The emperor relented and ordered his release. The outcome was admirable, yet it shows how heavy eunuch power had become. The Embroidered Guard commissioner could also join judicial offices outside the Meridian Gate to interrogate prisoners, and after autumn for joint review outside Chengtian Gate—but not at the great review. Each year after sentences were handed down, the crimes of all condemned prisoners were painted on the Guard's outer wall for public viewing. Inner eunuchs who had conducted review recordings, when they died, had their tomb enclosures painted with scenes of themselves seated facing south, judicial chiefs arrayed beside them, and censors and Ministry of Justice bureau directors leading prisoners forward to bow and receive orders—a spectacle of glory for posterity.
21
In the second year of Chenghua (1466), an inner eunuch was ordered to supervise the execution of the bandit Song Quan. During the Jiajing reign, when inner eunuchs broke the law, edicts exempted them from arrest and formal inquiry; they were punished only within the Directorate of Ceremonials. Minister of Justice Lin Jun said, "Palace and state are one body. Offenses by inner eunuchs should go to the judicial offices so their crimes may be properly adjudicated—the Founder's law must not be set aside." The emperor did not listen. Under the Founder's regulations, inner eunuchs were forbidden to learn writing or take part in government; they existed only to perform menial duties. In his final years he burned the Embroidered Guard's torture implements—a sign that they should never be used again. Yet Chengzu violated this precedent and ultimately bequeathed calamity to his descendants—men of discernment can only lament the result.
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