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卷一百〇三 志第五十一: 刑法二

Volume 103 Treatises 56: Punishment and Law 2

Chapter 103 of 元史 · History of Yuan
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1
Punishment and Law, Part Two — Official Regulations, Continued
2
殿 使
Where a household registered as official is also enrolled on the military rolls, troop commanders must not pursue and arrest its members in person; this is forbidden. Military officers at every level who fail to treat their soldiers lawfully and instead harm them shall be investigated by the censorate and the surveillance commission; The same applies to provincial officials and pacification or marshal's headquarters staff who keep military officers as personal guards without proper cause. When military officers break the law, the local surveillance offices shall try them directly; the Bureau of Military Affairs may not send its own officers to sit in on the inquiry. Commanders who pawn the gold or silver tallies they carry receive fifty-seven strokes, lose one honorary rank, and the pawnbroker is punished two grades less severely. Military officers guilty of bribery who are dismissed and demoted must surrender their tallies; the tally is returned when they are reinstated. Officers may commandeer soldiers as servants only within fixed limits: eight for a commander of ten thousand households, half that for a thousand-household commander, and half again for a suppression officer; exceeding the quota is punishable. Officers who work soldiers to death through forced labor are sentenced according to the circumstances, removed from office, and must pay burial compensation to the victim's family. Commanders who release regular soldiers without authority, or take a share of hire-for-service payments, are treated as corrupt officials, struck from the roster, and barred from reinstatement. Commanders and clerks who skim soldiers' clothing, grain, or salt allowances, or fail to pay them out, are treated as follows at amnesty: confessed deductions must be repaid, unconfessed ones are forgiven, and unpaid balances must be disbursed. Where they privately use soldiers or official oxen, sow official land, or where civilian officials occupy and farm official land, harvested grain from confessed offenses is confiscated; unconfessed cases are waived. Officers who commandeer the families of soldiers on campaign, or lend them money at usurious rates, are all liable to punishment. Officers who let soldiers frame civilians, extort money and goods, and keep a share of the loot are sentenced by the amount stolen, struck from the roster, and barred from reinstatement. When fire breaks out among the people, garrison commanders who fail to help and instead let soldiers loot shall be investigated by the censorate. Military officers must not hear civil suits; violators are punished. Officers who, bearing a private grudge, draw weapons intending to kill their commander receive sixty-seven strokes, lose their post, and may serve only in another assignment.
3
調殿
Appanage officials who take bribes are punished on the same terms as regularly appointed officials. Miscellaneous appanage staff guilty of bribery are simply dismissed, without the demotion schedule applied to regular officials. Appanage holders who falsely claim imperial authority, seize relay stations and exempt their occupants from corvée to the people's harm receive seventy-seven strokes and forfeit half their property; the seized commoners receive one hundred seven strokes and are restored to their original registers. The dossiers of princely tutors are reviewed by surveillance censors on the same terms as those of regular offices. Appanages that maintain revenue and farming-colony offices must hold a year-end reckoning; after which the surveillance commission reviews the accounts. All appanage prisoners, whether for minor or serious offenses, are tried and recorded by the surveillance commission. Princely household affairs of major import go to the throne for decision and minor ones to the Secretariat; princes may not issue orders on their own authority.
4
退 退 調 殿 祿
Granary officials and local magistrates who collude to collect tax grain in kind but accept discounted paper notes instead—for ten piculs or more—are tattooed and beaten one hundred seven strokes; for less than ten piculs, ninety-seven strokes; the officials are struck from the roster and barred from reinstatement. Retired officials, powerful households, and shopkeepers who violate the rule receive ninety-seven strokes for ten piculs or more; and eighty-seven strokes for less than ten piculs. Grain officials who knowingly take a share receive fifty-seven strokes and are struck from the roster without reinstatement. Supervising grain officials who fail to detect the offense receive twenty-seven strokes; and prefectural chief grain officials seventeen strokes. Those who capture the offenders are exempted from punishment for the original offense. Granary officials who steal and sell government grain are punished on the same terms as those who take flying notes for tax grain. Knowing purchasers of ten piculs or more receive one hundred seven strokes; and ninety-seven strokes for less than seven piculs. Grain-transport officials who fail to detect the offense are punished according to the quantity of grain involved. Proceeds from stolen grain and illicit notes are seized for the state; granary officials must make up the proper grain, and contractors and buyers must repay the government in full. Warehouse officials who steal money or grain in their charge receive fifty-seven strokes for one string or less, sixty-seven up to ten strings, and one additional degree of punishment for every twenty strings; one hundred twenty strings brings one year of penal servitude, with half a year added for every thirty strings; two hundred forty strings brings three years of penal servitude; and three hundred strings is punishable by death. Bribes are calculated in Zhiyuan paper notes, with other goods converted at current prices. Warehouse officials, managers, clerks, and porters who embezzle or transfer government goods and fail to report it share the offender's punishment; Those who fail to detect it are punished four degrees less severely than the offender. For warehouse receipts and disbursements, chief officials, supervisors, and clerks must watch one another; any illegal shortage is shared equally; clearance certificates are issued only when all money and grain for the term is fully accounted. Note-vault custodians who exchange worn notes without applying the return seal receive fifty-seven strokes and are removed from office. Supervising officials who fail to inspect receive seventeen strokes and a demerit on their record. Note-vault officials who exchange their own worn notes under false names receive thirty-seven strokes and a demerit. Stabilization vaults that exchange worn notes for excessive fees are punished; officials who knew but took no share receive one degree less punishment and are reassigned. Ringleaders who also take bribes are treated as corrupt officials, struck from the roster, and barred from reinstatement. Paper-mill custodians who take private payment for pulp at a discount are sentenced for bribery, struck from the roster, and must repay the state in kind. Capital granaries are supervised by ministry officials; provincial granaries by prefectural and county chiefs. If grain is received improperly and spoils, all responsible officials are investigated. Granary officials who appoint relatives as retainers, leading to theft and sale of government grain, receive fifty-seven strokes and are demoted; colleagues who conceal the offense receive forty-seven strokes and lose their posts. Granary officials who tamper with official measures to overcharge rent: ringleaders receive fifty-seven strokes; colleagues who learn of it but fail to stop it receive thirty-seven; all are reassigned. In the capital's daily rice sales each person may buy only one peck; powerful or salaried households who buy more receive twenty-seven strokes, and twenty-five strings of Zhongtong notes are paid to the informant. Workshop custodians who skim materials are sentenced for bribery, struck from the roster, and barred from reinstatement.
5
宿 宿
Transport-office tax officials found taking bribes are questioned once collection for the period is finished; those who have already left office are questioned in their current location. Salt-field officials whose interrogations cause death are replaced by transport-office appointees, and the offender is handed to the regular courts. Tax officials who falsely declare valid documents to be tax evasion and keep the fines are treated as corrupt, struck from the roster, and barred from reinstatement. Revenue administrations and gold offices, even when holding protective edicts, may still be impeached by the censorate and surveillance commission as the law provides. Military officers guarding treasuries who fail to stand night watch, allowing theft, receive thirty-seven strokes and return to duty. If thieves are not caught, the garrison officers and soldiers must compensate for the loss; when the thief is caught, stolen goods are recovered and returned. They are not liable when armed robbery occurs beyond their power to prevent. Miscellaneous manufacturing bureaus may not allow private persons to bring in and make weapons; this is forbidden. The Two Zhe revenue office under Huizheng reports at year-end; from the first to the second month of the next year the surveillance commission audits its accounts and investigates violations.
6
Offices that fail to maintain bridges and roads, or do so inadequately, are investigated together with their supervisors. Offices that fail to maintain dikes on time, so that floods destroy homes and drown people: prefectural officials forfeit one month's salary, county officials receive twenty-seven strokes, clerks seventeen, and all receive demerits.
7
Grain-transport officials may not seize boats and carts and obstruct merchants and travelers; this is forbidden. Transport officials who take bribes and let sailors substitute chaff for government grain are sentenced for corruption, struck from the roster, and barred from reinstatement. Officers of a thousand households and below under the maritime grain-transport command are tried by the ten-thousand-household commander; the provincial administration tries the ten-thousand-household commander. Favoritism is investigated by the censorate; after transport duties end, the surveillance commission reviews the case files. Maritime grain carriers who steal government grain and claim shipwreck are sentenced by the amount stolen and tattooed; tattooing stands even at amnesty.
8
使 使使 簿 調 滿 使 使 使 使 使 使 使 使 使 使 使 使 使 宿宿 使便 使 使 使 使使 使 使
Envoys' baggage may not be searched by attendants or relay clerks; this is forbidden. Attendants who fail to weigh envoys' overweight baggage, injuring relay horses, because they are on friendly terms with the envoy receive twenty-seven strokes and a demerit. Express relay stations that open sealed documents in transit or add unauthorized text receive fifty-seven strokes. Express relay stations are inspected twice monthly by prefectural judges and county registrars; delays, tampering, or concealment of documents are punished according to severity; one circuit chief oversees each route, and the surveillance commission investigates. Neglect of duty: inspecting officials receive seventeen strokes on first offense, more on second, and third offenses go to the province; the overall supervisor is punished one degree less. Each quarter superiors receive reports on delays; officials' clearance certificates at term's end record this for promotion or demotion. Envoys who ride pregnant mares: both parties receive fifty-seven strokes; those who trade a cart for a horse are likewise punished. Princesses' wedding parties may not use the official relay system for travel. Envoys in the capital may not seize relay horses for private use; violators are punished. Relay couriers who seize another's horse, exchange it for their mount, and ride it to death must pay its value. Couriers who pick a good horse for private business and ride it to death receive twenty-seven strokes and must still pay its value. Envoys who take excessive per-diem allowances receive seventeen strokes, must return the excess, and receive a demerit. Returning envoys may travel no more than three relay stations per day except for urgent military business; relay officials record schedules on passes; violators receive twenty-seven strokes, and repeat offenders are dismissed. Envoys who detour for private gain, extort hospitality, travel idly to visit friends, or neglect and harm relay horses are reported and punished. Envoys who detour while using the relays receive fifty-seven strokes; attendants who improperly obtain relay service are punished according to regulation. Relay couriers who falsify documents to obtain extra horses receive eighty-seven strokes; escorts who bring private horses to draw extra fodder have their private horses confiscated. For major military affairs the court dispatches envoys with gold round tallies for relay service; minor matters require only imperial-seal edicts. Princes, princesses, and imperial sons-in-law dispatching envoys for urgent military affairs use silver round tallies for relays; other business requires imperial-seal edicts only. Abusive grant of relay service is investigated by the censorate. Goryeo envoys' attendants must travel together on arrival and departure; leaving them behind en route to trade is forbidden; Bartering horses and exporting them across the frontier is forbidden. In all cases where traveling envoys accept banquets from local officials, or officials press such invitations on one another, the surveillance officials shall investigate and prosecute. Envoys passing through prefectures and counties may not enter city walls without good reason. If they must enter a city, they shall lodge only at the official hostel; lodging in private homes—official or common—is subject to surveillance discipline. Envoys commissioned to proclaim edicts may read them at convenience in jurisdictions they pass through; going elsewhere without being routed there is forbidden. Where the business of the mission itself requires a personal visit, this restriction does not apply. Envoys may visit relatives or old friends when etiquette requires, in places they pass through. Envoys who conceal relay passes, credentials, or gifts received on mission and long delay surrendering them receive sixty-seven strokes of the staff and a recorded demerit. Memorial envoys who fail to resume office after five days, linger on pretext, or pursue private affairs shall lose relay support, have their names recorded, and be dismissed from office. Envoys to provinces must confine themselves strictly to mission business; anything that must reach the throne shall be reported in a sealed dispatch. In all cases where envoys bearing imperial orders independently try and sentence prisoners under the jurisdiction of local authorities, they are punished. Commissioners investigating reports against surveillance commission officials shall question jointly with surveillance censors if the accused was previously dismissed by the surveillance offices; otherwise the commissioner may question alone. Officials and clerks on public business who accept bribes or farewell gifts are punished according to the offense; officials may return to office, while clerks are reassigned to neighboring circuits.
9
In all cases where bandit-catchers lose thieves within their jurisdiction but capture thieves from another jurisdiction, merit and fault may offset each other. Capturing strong bandits or two cases of forged treasure notes from another jurisdiction each counts as one local strong-bandit case; where no strong bandits exist locally, each counts as two theft cases. Capturing thieves from another jurisdiction follows the same rule. Where no local loss has occurred but strong or petty thieves are captured, rewards are granted according to regulation. No reward is given when the capture is made by persons obligated to pursue thieves or by victims who identified the offenders. In all cases where bandit-catching officials are reassigned for other duties, the censorate shall investigate and prosecute. In all cases where bandit-catching officials lose thieves during their term, beyond offsetting with out-of-jurisdiction captures, failure within three periods to catch three strong-bandit or five theft cases brings seventeen strokes of the rod each; five strong-bandit or ten theft cases uncaught brings twenty-seven strokes of the rod each; ten strong-bandit or fifteen theft cases uncaught brings thirty-seven strokes of the rod each. Garrison officers subject to the same arrest quotas face the same penalties; civil officials supervising bandit-catchers receive punishment two grades lighter. Capturing half the lost bandits within the period absolves guilt; where the public captures bandits eligible for reward, rewards are still granted. In all cases where the northern and southern military patrol commissioners, whose duty is patrol and bandit pursuit, handle civil lawsuits instead, this is forbidden. The northern and southern military patrol commissioners may directly adjudicate and dispose of crimes punishable by fewer than eighty-seven strokes of the rod; those requiring tattooing and exile are tattooed and exiled where they are held. In all circuits, urban recorders and assistants take rotating patrol shifts; if theft occurs, only the patrol officers bear responsibility. In all cases where officials not obligated to catch bandits report and capture rebels, they receive promotion two grades higher. In all cases where strong bandits are reported and captured, the state awards fifty strings of Zhiyuan notes per person, twenty-five for thieves, doubled for fresh captures; capturing five strong bandits grants an official appointment. In all cases where parricide and treasonous murderers are captured, rewards match those for strong bandits. In all cases where garrison officers and soldiers personally capture strong or petty bandits, they receive half the standard reward. In all cases where theft in the capital goes unsolved for a year, patrol soldiers must compensate the stolen goods; unauthorized reassignment of patrol soldiers is forbidden. In all cases where bandit-catching officials delay dispatching captured bandits and prolonged detention causes death, they receive seventy-seven strokes of the staff and are removed from office. In all cases where cattle thieves repent and return the animals, the offense is treated as attempted theft without gain, and double-restitution reward money is not levied; officials who apply ordinary theft sentencing to such cases are punished for incorrect application of penal law. In all cases where bandit-catching officials accept anonymous denunciations, wrongfully convict innocents as bandits, and cause death in prison, they receive ninety-seven strokes of the staff and permanent dismissal; the presiding interrogator receives sixty-seven strokes and is reassigned two grades below his former rank; the supervisory official receives forty-seven strokes of the rod and a notation for one remote appointment; the handling clerk receives sixty-seven strokes of the staff and dismissal from service without reinstatement; the author of the anonymous document receives one hundred seven strokes of the staff and exile to the far frontier; those who delivered the anonymous document receive punishment two grades lighter; those who were commanded to deliver it receive punishment three grades lighter. In all cases where bandit-catching officials beat innocent people during rebel searches in anger and accidentally cause death, they receive sixty-seven strokes of the staff, removal with reassignment elsewhere, a recorded demerit, and burial compensation levied for the victim. In all cases where bandit-catching officials take bribes to release prisoners, they share the prisoner's crime, reduced one grade if the prisoner was already captured. A father's guilt does not extend to his son; an elder brother's guilt does not extend to his younger brother.
10
殿滿
In all cases where the Imperial Clan Council adjudicates capital cases, it must record them in Chinese characters, address the censorate in official documents, and then await review by surveillance censors. In all cases where officials employ illegal torture, they face severe punishment. Dismembering the corpses of executed persons to take flesh is forbidden; violators face severe punishment. In all interrogation, officials who fail to proceed with sincerity and reason but instead apply cruel extralegal torture such as the great hanging rack and Minister Wang's rope—all such methods are forbidden. Criminal interrogation, except for major cases commissioned by the court, may not be conducted at dawn or night; the surveillance commission shall oversee compliance. Circuit judicial reviewers shall exclusively handle criminal interrogation, redress wrongful detentions, and supervise county sentencing; they may not involve themselves in other duties; investigating officials record annual performance, and at term's end report for promotion or demotion. Judicial reviewers who leave their posts on assignment without notifying superiors are likewise punished. In all cases where capital sentences are imposed locally, even for treason, the censorate must review the case before execution at the market. All prisoners within and without the capital shall be periodically reviewed by circuit administrators and surveillance officials; light sentences are disposed, heavy cases concluded, and unjust detentions investigated on the spot. Pure Mongols, except for capital crimes, are imprisoned under regular law without torture, with daily food provided. Those guilty of adultery or theft have belts and purses removed and are held under loose guard. For other offenses light or heavy, they are tried on their merits without forced detention; absconders are imprisoned. When reporting capital sentences to the throne during imperial anger, officials shall not immediately memorialize. If the sovereign wishes to execute someone, officials must wait one or two days before resubmitting the memorial. In all cases where officials lawfully punish on public business and accidentally cause death, they are not liable. Repeat offenders over seventy who should pay fines in commutation still receive reduced-grade physical punishment. When two crimes are discovered together, the heavier governs; where crimes are equal, they are treated as one. If a lighter or equal crime was already decided and a later crime of equal or lesser weight arises, no further action is taken; if heavier, the case is retried, counting the prior conviction toward the later sentence. In all cases where officials rashly sentence without obtaining testimony in anger, accidentally cause death, and induce the bereaved to burn the body, they receive fifty-seven strokes of the rod, removal with reassignment elsewhere, and a recorded demerit. Stripping prisoners and whipping their backs in private anger during interrogation is forbidden. Torture in serious cases requires joint planning and filing by senior officials before execution; violators face aggravated punishment. Bow soldiers, attendants, or jailers who beat capital prisoners to death receive one hundred seven strokes as principals, accomplices one grade less, with burial compensation levied for victims; wrongful-death double restitution is waived. In all cases where officials imprison the innocent, the chief administrator receives seventeen strokes of the rod and a recorded demerit. Wrongful imprisonment without confession leading to suicide by hanging brings thirty-seven strokes of the rod and reinstatement after one year. In all cases where officials wrongfully imprison the innocent and they die from neglect in detention, the official is removed and reassigned one grade below former rank. In all cases where officials receiving theft reports wrongfully torture trace witnesses to death but later capture the real thief, the presiding interrogator receives fifty-seven strokes of the rod, removal, and reassignment one grade below former rank after one year; the supervisory official and handling clerk each receive fifty-seven strokes and dismissal from service without reinstatement; burial compensation is levied for the victim, with demerits recorded for all involved. In all cases where officials take bribes to release real thieves while framing innocents with illegal torture, detaining their families, and causing death before the case is clarified, the chief receives one hundred seven strokes and removal, assistants eighty-seven strokes with two-grade demotion to miscellaneous posts, and burial compensation is levied jointly. In all cases where officials knowingly impose guilt, if the person is uncondemned or dies by suicide before judgment, punishment is reduced one grade from the imposed crime; imposing full guilt draws full guilt; if released before judgment, reduced-grade punishment still applies. In all cases where officials knowingly release guilty persons who should receive full punishment before judgment, reduced-grade punishment applies and a demerit is recorded. Erroneous imposition of guilt is reduced three grades; erroneous release five grades; if released before judgment, one further grade is reduced; a demerit is recorded in each case. In all cases where officials erroneously release persons from capital crimes, they receive fifty-seven strokes of the rod, removal, reassignment one grade below former rank after one year, a recorded demerit, and the actual offender is rearrested and the case concluded. In all cases where officials apply pre-reform miscellaneous offenses to sentencing, it is treated as knowing false imposition of guilt. In all cases where supervisors illegally judge subordinates from personal grudges, they suffer equivalent guilt without reinstatement. In all cases where trial officials obstinately tattoo Mongols in violation of law, they receive seventy-seven strokes of the staff, removal from the roster, and any tattoos applied are removed. In all cases of theft, jurisdiction belongs to the proper authorities; appanage lords who adjudicate on their own are punished. In all cases of fighting resulting in death, regardless of severity, cases must be concluded and submitted to the provincial ministry for review. Officials who arbitrarily decide such cases receive fifty-seven strokes of the rod, removal from office, and reassignment one grade below former rank within the year. In all cases where prisoners break jail because restraints were lax, the day-duty guard receives ninety-seven strokes of the staff, each jailer seventy-seven, and wardens are punished; if all escapees are recaptured within one hundred days, no guilt attaches. In all cases where officials take bribes to permit private settlement of crimes among the greatest evils, they are dismissed. In all cases where jailers take bribes to allow adultery prisoners loose shackles and wine in detention, they are punished for bending the law and removed from the roster.
11
使
Among crimes punishable by exile, armed robbers who have not injured anyone but took property count as accomplices if the haul reaches twenty strings; unarmed robbers who have not injured anyone but took forty strings count as accomplices; burglars who break into carts or rooms and injure victims count as accomplices; those who did not injure the victim but took property; those who took no property but include repeat thieves; first-time thieves of camels, horses, or cattle from the imperial herd count as accomplices; abducting and selling one free person as a slave; counterfeiting the seals of the metropolitan or circuit secretariats; forging provincial officials' signatures to disburse funds or interfere with appointment law; or fabricating seditious speech against the throne: all receive one hundred seven strokes of the staff and exile to Karakorum. First-time thieves of camels, horses, or cattle as ringleaders; and theft of property worth three hundred strings or more; theft of ten strings or less after a prior conviction and reoffense; grave robbery, opening coffins, and injuring corpses, including inside accomplices who merit exile; carving and patching treasure notes to pass counterfeit as genuine, on reoffense; knowingly buying and using counterfeit notes on three offenses: all receive one hundred seven strokes of the staff and are sent to Zhaozhou for agricultural exile. In all cases where exiles who fled their distant banishment are captured again, they are exiled once more. If they fled en route because of unrest, do not reoffend, and are aged, ill, or covered by amnesty, they are released. Exiled prisoners on penal service receive no leave except on New Year's Day, Cold Food, Double Fifth, and similar festivals. For prisoners on assigned penal service, intercalary months count in full toward the term. Where penal servitude or exile has not yet begun and amnesty occurs, the offender is released; if the sentence is underway but the destination not yet reached when amnesty occurs, release also applies. Where penal service is suspended at the place of assignment, amnesty brings pardon and release. Those exiled far by imperial command may not return without a memorial to the throne, even under amnesty. Penal servitude convicts wear fetters by day while at labor and sleep in prison cells by night. Those exiled to agricultural colonies are supervised only in planting and guarding the colony. Of those exiled far, only Jurchens and Koreans are sent to Huguang; all others go to Karakorum and the sea-eagle hunting grounds. Where no local penal assignment exists, penal servitude convicts are sent to salt offices for labor. Chief guards who lose prisoners are punished three grades below the prisoner's crime; escort officials who lose exiles en route are punished four grades below the chief jail officer's penalty and may return to office after judgment. All persons who should be imprisoned in criminal cases, great or small, are sent to the Prison Office and held according to severity. Jail officials who allow gambling or drinking in detention, or who permit blades, writing materials, or divination texts inside, are punished.
12
Prison restraints: the cangue is five to six chi long and one chi four cun to one chi six cun wide; capital crimes bear twenty-five jin, penal servitude and exile twenty jin, rod offenses fifteen jin—all of dry wood with dimensions and weight marked on each. Shackles are one chi six cun to two chi long, three cun wide and one cun thick. Locks are eight chi to one zhang two chi long; linked fetters together weigh three jin. The flogging rod's large end is two fen seven li and the small end one fen seven li in diameter, for offenses of fifty-seven strokes or less. The beating staff's large end is three fen two li and the small end two fen two li, for offenses of sixty-seven strokes or more. The interrogation staff is four fen five li at the large end, three fen five li at the small, three chi five cun long—all smoothed with nodes visible; sinew, glue, or other reinforcements are forbidden. All beatings strike with the small end; flogging and staff punishments are received on the buttocks; under torture interrogation the buttocks or thighs alternate, distributed as evenly as possible.
13
Circuit deputies and staff shall rotate monthly as jail supervisors, inspecting in person every three days; wrongful detention or delay is reported at once. At month's end they report prisoner numbers to the next official in rank; at the Upper Capital the Commandery Office supervises imprisonment. North and south military horse offices rotate monthly jail supervision and assign record controllers to manage imprisonment as well. Salt transport offices supervising salt convicts require deputy officials to inspect in monthly rotation, as with regular offices.
14
Inner-circuit officials serving in Yunnan who commit crimes are judged under regular law; native chiefs who commit crimes are punished but not removed from office. Native chiefs of the Left and Right Two Rivers who rashly raise troops to feud and kill one another are charged with rebellion. Groundless mutual accusations are punished according to the offense alleged. Officials who take bribes and hear groundless suits are judged for bending the law. Native chiefs who cherish troops and civilians and keep the territory tranquil may be recommended for promotion once every three years. Where merit warrants promotion, reward, or inheritance and documents reach the marshal's headquarters are groundlessly rejected or deliberately obstructed, the obstructing officials are dismissed.
15
Sacrificial Regulations
16
宿
When the state has rites at the ancestral temple, all offering officials and functionaries, after taking the oath of abstinence, lodge in the main quarters during dispersed abstinence and at the sacrifice site during concentrated abstinence. During dispersed abstinence they conduct business as usual but do not mourn, inquire after the sick, make music, sign execution documents, sentence criminals, or engage in defiling matters. During concentrated abstinence only sacrificial affairs may proceed; all else is forbidden. Where the state ranks famous mountains and peaks for sacrifice, commoners who usurp ritual, violate propriety, or pray in blasphemy are forbidden. At the Five Peaks, Four Rivers, and Five Marchmounts where state sacrifice is fixed, princes, princesses, or imperial sons-in-law who send persons to offer incense are forbidden.
17
使
At circuit and district Confucius temples, officials, envoys, or troops who lodge within, officials who hear lawsuits or feast within, or craftsmen who build within—all are forbidden. The same applies to academies. On the first and fifteenth of each month, district and circuit chiefs lead their staff to the Confucius temple; when the rites are done, they follow education officials to the hall for lecture. Villages and market towns likewise select learned persons of moral conduct as teachers to instruct the people in the farming slack season. Those who treat this as pedantic and neglect it are reported and prosecuted.
18
School Regulations
19
忿 使便 殿 滿 宿 退
Mongol and Han Directorate school officials are promoted according to how many outstanding students they produce in office. Vacant doctorate and instructor posts are filled on recommendation by the surveillance censor; the unfit are dismissed and the recommender shares guilt. Directorate students who disrespect teachers, breach ritual, speak or act carelessly, fail recitation or coursework, abandon study without cause, leave without leave, exceed leave limits, err in duties, or quarrel—all are reported by the Rectors and Recorders. Disrespect to teachers is adjudged separately; other offenses earn admonition on the first offense and measured punishment on the second and third. Cooks, servants, and gatekeepers must remain at school to serve; violators may be beaten on the spot. The Directorate holds the foremost place of learning; students of the six halls advance in order and may not skip ranks. Those unqualified who seek advancement, or who have violated school regulations, are demoted if the offense is light and expelled if heavy. Instructors who teach not by the Way are reported by the surveillance censor. Directorate private-exam students who neglect coursework or violate regulations lose one point on the first offense, two on the second, and are expelled on the third. Advanced-tier students who violate regulations are deferred one year in the palace exam on the first offense and expelled on the second, as reported by academic rectifiers and recorders. Rectors and Recorders who knew and failed to report are punished by Directorate deliberation. Students who at year end have sat in hall less than half a year are all expelled. Apart from monthly leave, other leave does not count; academic rectifiers and recorders conduct a full comparison at year end. Han students who in three years cannot master one classic, or refuse diligent study, are ordered to leave school. Kui Zhang Pavilion scripture students receive four days' leave each month on new moon, full moon, and the two quarter moons; those due for palace guard duty receive three days' leave; for other justified leave they report to the scripture instructor and receive recorded leave. Unexcused absence: first offense forfeits the day's communal meal; second adds bowing punishment before the teacher's seat and forfeiture of the meal; third adds bowing before the Academy of Scholars and the teacher's seat; after three unchanged offenses, memorialized for expulsion.
20
調使 滿 調 調
Circuit schools shall account for funds to support students; the supervising chief shall visit periodically to ensure scheduled lectures, sound instruction, rewards for diligence and punishment for sloth, and the nurturing of talent—failure in academic governance is investigated. Instructors who embezzle school funds, neglect temple buildings, teach without substance, or conduct themselves unworthily of the teacher's seat are reported by the surveillance commission; offices that vaguely issue credentials at term's end are also investigated. School-support lands misused by officials or clerks who declare fertile land waste, reduce rent quotas, take bribes to let powerful families occupy or merge land, or falsely claim disbursements are investigated by the supervising official. Poor, aged, or ill scholars respected by the community may be recommended to the circuit for verification and supported by the local school, with inspection by the surveillance commission; fraudulent cases are corrected by the supervising official. Schools are places of study and nurturing; offices that borrow their funds or grain are forbidden. Unfit instructors are reported by the surveillance commission. Instructors in office or former instructors who bring their families into school and defile the premises are reported by the surveillance commission.
21
調
Circuit medical students not made to study in hall, holding rank without substance, or taught carelessly and perfunctorily incur graduated salary fines for professor, rectifier, recorder, and supervising official. Medical practitioners who cannot master one of the thirteen branches may not practice medicine. If the Imperial Medical Institute recommends court or circuit physicians without careful examination, or medical schools permit practice without lawful examination, the surveillance censor and commission shall investigate.
22
Military Law
23
退 退
Military officers who leave post, garrison soldiers who leave camp, and marching soldiers who leave their unit are all guilty. Military officers may not leave their deployment without authorization. To petition the throne on necessary matters, seal the memorial and send it by courier. Troops in long camps or on passage receive government grain; harassing farmers or obstructing travelers is forbidden. Retreating first in battle is punishable by death. Commanders who fail to support one another, miss deadlines causing deaths, and do not immediately pursue bandits are executed; even under amnesty they are dismissed without reinstatement. Border officials who lead troops without discipline, change orders, miss deadlines, scatter forces, rout armies, flee without fighting, or abandon cities—but later achieve recovery—have sentences reduced; without such merit, each is punished for his crime. Garrison soldiers who flee the stockade receive one hundred seven strokes of the staff; repeat offenders are executed. Those mobilized for campaign who flee and hide are beheaded as an example. Impoverished military households already relieved who flee again receive eighty-seven strokes and are sent back to service. Concealers are punished two grades lighter; neighbors on both sides who knew and failed to report are punished two grades below the concealer. Military households reporting destitution to seek replacement are verified by the proper offices; fraud is punished by the surveillance commission. Each guard's attendant Han troops select one practiced strong youth per household for constant duty and two from attached households for rotation; replacements from hundred- to ten-thousand-household rank must be examined for fitness before use. Hundred-, thousand-, and ten-thousand-household officers who make private replacements are judged by numbers involved and demoted or dismissed. Military officials who take money to fill empty soldier rolls are sentenced for bending the law according to the amount taken and removed from the roster. Those who substitute brothers, sons, nephews, or servants are judged by numbers involved and demoted or dismissed. On campaign, plundering civilians, profiteering, abducting and selling people, murder, or abandoning corpses on roads and exposing bones in ditches are strictly forbidden.
24
Households and Marriage
25
使 使
Sons and daughters of artisan households must have boys trained in craft work and girls in embroidery; anyone who rashly seizes and drafts them is forbidden to do so. Official corvée households who serve princes or appanage agents without authorization from the court and ministries are punished according to law. Monks and Taoists who return to lay life, brothers who divide households, slaves manumitted to commoner status, and persons not yet entered in the registers must not be detained or concealed by princes, imperial sons, princesses, or sons-in-law. Any commoner who conceals them is punished. Commoners who rashly present unregistered households or land to princes, princesses, or imperial sons-in-law are punished according to law; Appanage holders who indiscriminately accept them are likewise punished. Officials who seize households for their private supply are punished.
26
便沿
Where officials levy taxes so harshly that the poor sell sons or daughters to pay, the children sold are returned, the officials are punished, and the purchase price is not repaid. Those who drown infant daughters forfeit half their household property to support the army. The principal offender is enslaved; the informant is immediately granted commoner status. Officials who fail to report the offense are punished. When migrating households are sent home by local offices to resume livelihood, using vagrants to seize them is forbidden. Widowers, widows, orphans, and others without support, together with the aged, infirm, and disabled who are destitute and helpless, are to be received and maintained at relief hospices. Magistrates who fail to take in those who should be sheltered, or who shelter those who should not be, are punished; investigating officials are to scrutinize this regularly. Disaster refugees are to be summoned and persuaded by the proper offices to resume their livelihood. Those who after long absence cannot resume livelihood, and those whose whereabouts are unknown, are exempted from tax. Those who coerce commoners to cover others' tax payments are investigated by the censorate. When harvests fail and people migrate, those who after relief still band together armed to plunder and injure civilians—except orphans, the aged, and disabled who cannot support themselves, who may remain and be maintained as before—all others with dependents receive travel grain according to household size and distance and are escorted back to their original registration in order; those who harm civilians along the route are judged and disposed of by local authorities.
27
使
Among Mongols, Muslims, Khitan, Jurchen, and Han taken captive in campaign, those kept at home remain bond servants; those living outside and registered become commoners; anyone who, after they live outside, again claims them as bond servants forfeits his household property. Captives taken when suppressing rebels must be jointly reviewed by investigating officials and military-civilian officers; wives and dependents of bandits are released with a public certificate; without a certificate, the taker is sentenced for seizing commoners. When surrendered bandits offer plundered men and women as gifts to arresting officials, the gift is not accepted and the persons are returned to commoner status. Those with no kin to take them in are paired in marriage and permitted to live as commoners. Those still held by the bandits are all released. Plundered women who cannot recall their home or kin are given marriage arrangements by the proper offices; betrothal payments received are applied to their dowry. Military and civilian officials who conceal surrendered people and prevent them from resuming livelihood are punished. Confiscated persons who were privately pawned or sold by their original owner are recovered for the state; the price is collected and returned to the owner. Appanage officials who entice away registered official, civilian, or artisan households forfeit their property; the seized households return to their original registration. Households registered to an appanage pay only the five-households silk levy; no other exactions are permitted. Those who levy exactions arbitrarily on the people are investigated by the censorate.
28
西
Those who wish to become monks or Taoists, where the household has sufficient adult males for corvée and brothers to support the parents, must petition the local register office, obtain guaranty and verification, and receive tonsure certificate from the circuit; violators are sentenced and returned to lay life. Hexi monks who have wives bear corvée, tax grain, relay horses, and lodging duties the same as commoners. Those without wives are exempted. Where parents live but sons divide property and live apart while parents are destitute, or where widowed, orphaned, aged, or disabled kin within mourning who cannot support themselves lodge at relief hospices yet are not sheltered, the offense is heavily reconsidered. Where kin are too poor to provide, relief hospices may receive and register them.
29
退退 便 使
Pawning or selling fields and houses requires a certificate and contract from the proper offices; buyer and seller must promptly attend the offices to transfer registration and pay tax grain. If a powerful buyer or colluding official fails to transfer registration, makes the seller pay tax alone, assigns payment to another household, or uses a false name while taking bribes—fifty-seven strokes; the original price is still pursued from the buyer, half confiscated to the state and half to the accuser. The leading official and responsible clerks are sentenced and dismissed from service. Pawning or selling fields and houses requires senior kin to sign and seal, a certificate and account, and inquiry of mourning kin, neighbors, and pawn masters; unwilling parties have ten days to mark refusal; failure within the limit—seventeen strokes. Willing parties have fifteen days to set price and complete the contract; failure to pay within the limit—twenty-seven strokes. Trade is otherwise free; kin, neighbors, or pawn masters who deliberately obstruct and demand fees or goods—twenty-seven strokes. Owners who inflate price and complete sale without inquiry—thirty-seven strokes; kin, neighbors, and pawn masters may still redeem within one hundred days; after that, no suit lies. Owners who deceive and refuse to deliver the property—forty-seven strokes. Kin, neighbors, and pawn masters more than one hundred li away are not subject to the inquiry requirement. If violations are discovered and the proper offices fail to judge fairly, the censorate and surveillance commission investigate. Military officers and soldiers, arriving officials, and traveling envoys who lodge in civilian homes instead of camps, offices, or relay stations, harming the people, are sent away and prosecuted by the provincial administration and surveillance platform. Arriving officials without government quarters may rent lodging with private funds. Those who scheme with already-sold property to falsely accuse the buyer of seizure and extort money are sentenced according to the amount taken; the offense is written on the gate in red. Marriage and land suits must be concluded within the year; those suspended without conclusion are referred to the surveillance commission and superior authority to punish the responsible officials. Cases repeatedly suspended without conclusion are immediately closed; further suspension is not permitted; violators are punished likewise. Rent from the disputed land, beyond tax already paid, is held by the proper offices and delivered with the land after judgment.
30
便
Pawning girls to others or hiring out others' sons and daughters are both forbidden. If already pawned or hired, taking the person as wife or concubine by proper marriage rites is permitted. Receiving money to pawn or hire out wives and concubines is forbidden. Husband and wife hired together without separation is permitted. Receiving payment to marry off or sell wives, concubines, or adopted younger siblings is forbidden. Begging to adopt sons and daughters is permitted; Reselling them as bond servants is forbidden. Adopting bond servants into commoner households is forbidden. Magistrates who seize subjects' sons or daughters as bond servants receive seventy-seven strokes and, after one year, are demoted two grades in miscellaneous appointments. Those who falsely claim commoners as slaves and abuse them receive eighty-seven strokes; officials are dismissed. Those who sue successfully to prove commoner status receive a certificate to reside; they await kin from the original register to receive them; those without kin may go as they please. Bond servants who flee their master receive seventy-seven strokes.
31
婿婿婿 婿
Betrothal by pointing at the womb or cutting robe scraps as pledge is forbidden. Wedding feasts that pursue extravagance to complete the rites and vie in luxury through the night are forbidden. Matchmakers who violate rules by demanding excessive betrothal payments or taking excessive fees are publicly admonished and punished. A girl betrothed but not yet married may remarry if the groom's household is subject to confiscation for rebellion, or if the groom is a robber or exiled to distant punishment. If already married with children, the wife may not remarry even if the husband is convicted as a robber. Where betrothed and the girl's adultery is discovered, if the groom's family wishes to withdraw, betrothal payments are returned; if not, marriage proceeds at half the betrothal price. If the groom's family falsely claims adultery by rumor to coerce marriage—fifty-seven strokes and divorce. Marrying during parents' mourning without proper grief—eighty-seven strokes and divorce; officials are dismissed; betrothal wealth is confiscated; the woman is not punished. Betrothal during mourning reduces the penalty for marrying during mourning by two grades; divorce still applies; betrothal wealth is confiscated. Where a daughter is promised, with written notice, private agreement, or betrothal received, rash regret—thirty-seven strokes; Promising her to another—forty-seven strokes; If already married to another—fifty-seven strokes; A later husband who knew the prior betrothal is punished one grade lighter; the woman returns to the first husband. If the groom's family withdraws, they are not punished and betrothal wealth is not reclaimed; if the groom fails to marry without cause for five years, the proper offices issue a certificate permitting remarriage. Taking a son-in-law into the household, then expelling him and taking another—sixty-seven strokes. The later son-in-law shares the penalty; the woman returns to the first husband; betrothal wealth is confiscated. Officials who marry courtesans as wives receive fifty-seven strokes, are removed from office, and must divorce. Those with wives and concubines who marry additional wives or concubines receive forty-seven strokes and must divorce. Officials are removed and demerit recorded; betrothal wealth is not reclaimed. Marrying as wife or concubine one previously convicted of adultery with—even if children were born—still requires divorce. Remarrying a woman who has returned to her clan but is not yet wed again—sixty-seven strokes; she returns to her clan; betrothal wealth is confiscated. Receiving payment to have one's wife remarried—sixty-seven strokes; betrothal wealth is recovered; A husband who did not know is not punished; the woman returns to her clan. Taking another's daughter as concubine by formal gifts, then receiving payment to marry her to someone else—fifty-seven strokes; betrothal wealth confiscated; the concubine returns to her clan; officials are dismissed. Monks and Taoists who marry in violation of their vows receive sixty-seven strokes and must divorce; they return to lay life; betrothal wealth is confiscated. Pawning or selling tenant households is forbidden. Tenant households' marriages follow their parents' authority. An elder brother who takes his younger brother's wife receives one hundred seven strokes; the woman ninety-seven; divorce is required. Even if one has left the religious order, the penalty still applies. The marriage arranger receives fifty-seven strokes; the go-between thirty-seven. During parents' mourning, committing adultery with or taking a stepmother—each receives one hundred seven strokes and divorce; officials are struck from the roster. Among Han and southern subjects, a son taking his father's concubine after the father's death, or a younger brother taking his elder brother's widow, is forbidden. A man must not take his paternal cousin's wife or his paternal cousin's widow; if he does, it is sentenced as adultery. A slave who takes his master's wife is sentenced as adultery; Forcibly taking the master's daughter is punishable by death. Sons who give away a deceased father's concubine, and those who privately accept her— the giver receives seventy-seven strokes, the receiver fifty-seven. Receiving payment to forcibly marry the wife of a subordinate under one's supervision is sentenced as bending the law: seventy-seven strokes, removal from the roster, payment confiscated, and the wife returned to her former husband. A freeborn woman who willingly marries another person's slave immediately becomes a bondwoman. A man who marries a freeborn woman and then sells her as a bondwoman must restore her to free status; seller and buyer are punished alike, and the price is confiscated. Transferring a child-betrothed couple to marry a slave brings fifty-seven strokes; the woman returns to her family and betrothal gifts are not recovered. When a fugitive slave's daughter has married a free man and borne children, and the original master discovers it, betrothal gifts are recovered for the master; the woman is not separated from her husband. A discarded wife who has returned home and remarried follows her new husband. A discarded wife who remarried, whose second husband died, and who is taken back by her first husband must be divorced. When husband and wife are estranged, buying or selling divorce is forbidden and violators are punished; mutually agreed separation is not an offense. Dismissing a wife or concubine requires a written contract, after which she may remarry. Using a handprint alone as proof of agreement is forbidden. A woman who abandons her husband and parents-in-law to become a nun receives sixty-seven strokes and is returned to her husband. Buying or selling a free person as a courtesan: seller and buyer are punished alike; the woman is freed; half the price goes to the state and half to the informant. If the woman confesses or the matter comes to light, the entire price is confiscated. A freeborn adulteress discarded by her husband, or relatives of entertainers who wish to become courtesans, may do so. Forcing a pregnant courtesan to abort is punishable; the courtesan is freed. Forcing a wife or concubine into prostitution brings eighty-seven strokes. Taking in a freeborn girl for singing, dancing, or banquets, or forcing her into prostitution, brings seventy-seven strokes; the woman returns to her family. Forcing a bondwoman into prostitution brings forty-seven strokes; she is freed. A husband who takes payment and allows his wife or concubine to prostitute herself, together with her lover, each receive eighty-seven strokes and must divorce. A wife or concubine who confesses promptly is not punished; if she confesses only after a long delay, her confession is not accepted.
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