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刑法二○職制下
Punishment and Law, Part Two — Official Regulations, Continued
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諸職官戶在軍籍,管軍官輒追逮其身者,禁之。 諸中外大小軍官,不能以法撫循軍人而又害之者,從監察御史廉訪司糾察之; 行省官及宣慰司元帥府官無故以軍官自衛者,亦如之。 諸軍官不法,各處憲司就問之,樞府不得委官同問。 諸管軍官,輒以所佩金銀符充典質者,笞五十七,降散官一等,受質者減二等。 諸軍官犯贓,應罷職殿降者,上所佩符,再敘日給之。 諸軍官役使軍人,萬戶八名,千戶減萬戶之半,彈壓減千戶之半,過是數者坐罪。 諸軍官驅役軍人,致死非命者,量事斷罪並罷職,征燒埋銀給苦主。 諸管軍官擅放正軍,及分受雇役錢者,以枉法論,除名不敘。 諸管軍官吏克除軍人衣糧鹽菜錢,並全未給散,會赦,克除已招者追給,未招者免征,未給散者給散。 其私役軍人官牛,帶種官地,並管民官占種官地,所收子粒,已招者追沒,未招者免征。 諸軍官役其出征軍人家屬,又借之錢而多取息者,並坐之。 諸軍官輒縱軍人誣民以罪,嚇取錢物而分贓自厚者,計贓科罪,除名不敘。 諸民間失火,鎮守軍官坐視不救,而反縱軍剽掠者,從臺憲官糾之。 諸軍官輒斷民訟者,禁之,違者罪之。 諸軍官挾仇犯分,輒持刃欲殺連帥者,杖六十七,解職別敘。
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.
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諸投下官吏受贓,與常選官同論。 諸投下雜職犯贓罪者罷之,不以常調殿降論。 諸投下妄稱上旨,影占民站,除其徭役,故縱為民害者,杖七十七,沒其家財之半,所占民杖一百七,還元籍。 諸王傅文卷,監察御史考閱,與有司同。 諸位下置財賦營田等司,歲終則會; 會畢,從廉訪司考閱之。 諸投下輕重囚徒,並從廉訪司審錄。 諸藩邸事務,大者奏裁,小者移中書,擅以教令行者,禁之。
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.
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諸倉庾官吏與府州司縣官吏人等,以百姓合納稅糧,通同攬納,接受折價飛鈔者,十石以上,各刺面,杖一百七; 十石以下,九十七; 官吏除名不敘。 退閑官吏、豪勢富戶、行鋪人等違犯者,十石之上,杖九十七; 十石之下,八十七。 其部糧官吏知情分受,五十七,除名不敘。 有失覺察者,監臨部糧官吏,二十七; 府州總部糧官吏,一十七。 若能捕獲犯人者,與免本罪。 若倉官人吏等盜糶官糧,與攬納飛鈔同論。 知情糴買,十石以上,杖一百七; 七石之下,九十七。 其漕運官吏有失覺察者,驗糧數多寡治罪。 其盜糶糧價,結攬飛鈔,追征沒官,正糧於倉官,並結攬糴買人均征還官。 諸倉庫官吏人等盜所主守錢糧,一貫以下,決五十七,至十貫杖六十七,每二十貫加一等; 一百二十貫,徒一年,每三十貫加半年; 二百四十貫,徒三年; 三百貫處死。 計贓以至元鈔為則,諸物以當時價估折計之。 諸倉庫官、知庫子、攢典、鬥腳人等,侵盜移易官物,匿不舉發者,與犯人同罪; 失覺察者,減犯人罪四等。 諸倉庫錢糧出納,所設首領官及提舉監支納以下攢典合幹人以上,互相覺察,若有違法短少,一體均陪,任內收支錢糧,正收倒除皆完,方許給由。 諸典守鈔庫官,已倒昏鈔,不用退印,笞五十七,解見任。 提調官失計點,笞一十七,並記過名。 諸鈔庫官,輒以自己昏鈔詭名倒換者,笞三十七,記過。 諸平準行用庫倒換昏鈔,多取工墨錢,庫官知而不曾分贓者,減一等,並解職別敘。 主謀又受贓者,以枉法論,除名不敘。 諸白紙坊典守官,私受桑楮皮折價者,計贓以枉法論,除名不敘,仍追贓,收買本色還官。 諸京倉受糧,部官董之,外倉收糧,州縣長官董之。 收不如法致腐敗者,按治官通究之。 諸倉官委任親屬為家丁,致盜糶官糧者,笞五十七,解職殿敘; 同僚相容隱,四十七,解職。 諸倉官輒翻釘官斛,多收民租,主謀者笞五十七,同僚初不知情,既知而不能改正者,三十七,並解職別敘。 諸京師每日散糶官米,人止一斗,權豪勢要及有祿之家,輒糴買者,笞二十七,追中統鈔二十五貫,付告人充賞。 諸官局造作典守,輒克除材料者,計贓以枉法論,除名不敘。
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.
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諸運司辦課官,取受事發,辦課畢日追問; 受代離職者,就問之。 諸鹽場官勘問人致死者,從轉運司差官攝其職,發犯人歸有司。 諸稅務官,輒以民到務文契,枉作匿稅,私其罰錢者,以枉法論,除名不敘。 諸財賦總管淘金提舉司存,雖有護持制書,事應糾劾者,監察御史廉訪司準法行之。 諸守庫藏軍官,夜不直宿,致有盜者,笞三十七,還職。 捕盜不獲者,圍宿軍官軍人追陪所失物貨,俟獲盜征贓給還。 若遇強劫,軍官軍人力所不及者,不在追斷之限。 諸雜造局院,輒與諸人帶造軍器者,禁之。 諸兩浙財賦府隸徽政者,掌治錢谷造作,歲終報成,以次年正月至於二月,從廉訪司稽其文書,違者糾之。
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.
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諸有司橋梁不修,道途不治,雖修治而不牢強者,按治及監臨官究治之。 諸有司不以時修築堤防,霖雨既降,水潦並至,漂民廬舍,溺民妻子,為民害者,本郡官吏各罰俸一月,縣官各笞二十七,典史各一十七,並記過名。
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.
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諸漕運官,輒拘括水陸舟車,阻滯商旅者,禁之。 諸漕運官,輒受贓,縱水手人等以稻糠盜換官糧者,以枉法計贓論罪,除名不敘。 諸海道都漕運萬戶府所轄千戶已下有罪,萬戶問之; 萬戶有罪,行省問之。 徇情者,監察御史廉訪司察之,漕事畢,然後廉訪司考其案牘。 諸海道運糧船戶,盜糶官糧,詐稱遭風覆沒者,計贓刺斷,雖會赦,仍刺之。
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.
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諸使臣行李,脫脫禾孫及驛吏輒敢搜檢者,禁之。 諸使臣行橐過重,壓損驛馬,而脫脫禾孫與使臣交贈為好,不以法稱盤者,笞二十七,記過。 諸急遞鋪,輒開所遞實封文書,妄入無名文字者,笞五十七。 諸急遞鋪,每上下半月,府州判官縣主簿親臨檢視,所遞文字但有稽違、磨擦、沈匿,鋪司鋪兵即驗事重輕論罪,各路正官一員總之,廉訪司察之。 其有弗職,親臨官初犯笞一十七,再犯加一等,三犯呈省別議,總提調官減親臨官一等。 每季具申上司,有無稽違,仍於各官任滿日,解由開寫,而黜陟之。 諸使臣輒騎懷駒馬者,取與各笞五十七,及以車易馬者,俱坐之。 諸公主下嫁,迎送往還,並不得由傳置。 諸使臣在城,輒騎占驛馬者禁之,違者罪之。 諸驛使在道,奪回馬易所乘馬,馳至死者,償其直。 若以私事故選良馬馳至死者,笞二十七,仍償其直。 諸使臣多取分例,笞一十七,追所多還官,記過。 使還人員,除軍情急務外,日不過三驛,驛官仍於關文標寫起止程期,違者各笞二十七,再犯罷役。 諸乘驛使臣,或枉道營私,橫索祗待,或訪舊逸遊,餓損馬乘,並申聞斷治。 諸使臣枉道馳驛者,笞五十七; 脫脫禾孫擅依隨給驛者,依例科罰。 諸驛使詐改公牒,多起馬者,杖八十七; 其部押官馬,輒夾帶私馬,多取草料者,並沒入其私馬。 諸朝廷軍情大事,奉旨遣使者,佩以金字圓符給驛,其餘小事,止用御寶聖旨。 諸王公主駙馬亦為軍情急務遣使者,佩以銀字圓符給驛,其餘止用御寶聖旨。 若濫給者,從臺憲官糾察之。 諸高麗使臣,所帶徒從,來則俱來,去則俱去,輒留中路郡邑買賣者,禁之; 易馬出界者,禁之。 諸出使官員,所至輒受官吏筵宴,及官吏輒相邀請,並從風憲糾察。 諸使臣所過州縣,無故不得入城。 有故入城者,止於公館安宿,輒宿於官民之家者,從風憲糾之。 諸遣使開讀詔書,所過州郡就便開讀者聽,非所經由而輒往者禁之。 若本宗事須親往者,不在此限。 諸使臣所至之處,有親戚故舊,禮應追往者聽。 諸受命出使還,匿給驛文字符節及錫貢之物,久不進者,杖六十七,記過。 諸進表使臣,五日外不還職,托故稽留,他有營者,止所給驛,籍其姓名,罷黜之。 諸出使郡國,使事之外,毋有所與,有必須上聞者,實封以聞。 諸銜命出使,輒將有司刑囚審斷者,罪之。 諸奉使循行郡縣,有告廉訪司官不法者,若其人嘗為風憲所黜罷,則與監察御史雜問之,余聽專問。 諸官吏公差,輒受人贐行禮物者,隨事論罪,官還職,吏發鄰道貼補。
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
諸捕盜,境內若失過盜賊,卻獲他境盜賊,許令功過相補。 如獲他境強盜,或偽造寶鈔二起,各準境內強盜一起,無強者準竊盜二起。 如獲竊盜,準亦如之。 如境內無失,但獲強竊盜賊,依例理賞。 若應捕之人,及事主等告指捕獲者,不賞。 諸捕盜官,不得差遣,違者臺憲官糾之。 諸捕盜官,任內失過盜賊,除獲別境盜準折外,三限不獲,強盜三起,竊盜五起,各笞一十七; 強盜五起,竊盜十起,各笞二十七; 強盜十起,竊盜十五起,各笞三十七。 鎮守軍官一體捕限者同罪,親民提控捕盜官,減罪二等。 其限內獲賊及半者免罪,若諸人獲盜應賞者,賞之。 諸南北兵馬司,職在巡警非違,捕逐盜賊,輒理民訟者,禁之。 諸南北兵馬司,罪囚八十七以下,決遣; 應刺配者,就刺配之。 諸各路在城錄事錄判,分番巡捕,若有失盜,止坐巡捕官。 諸職官非應捕之人,告獲反賊者,升二等用。 諸告獲強盜,每名官給賞錢至元鈔五十貫,竊盜二十五貫,新獲者倍之,獲強盜至五人與一官。 諸捕獲弒逆凶徒,比獲強盜給賞。 諸隨處鎮守軍官軍人,親獲強竊盜賊者,減半給賞。 諸都城失盜,一年不獲者,勒巡軍陪償所盜財物,其敢差占巡軍者禁之。 諸捕盜官捕獲強竊盜賊,不即牒發,淹禁死亡者,杖七十七,罷職。 諸盜牛馬,悔過放還者,以竊盜已行不得財論,不征倍贓賞錢; 有司輒以常盜刺斷者,以刑名違錯科罰。 諸捕盜官,輒受人遞至匿名文字,枉勘平人為盜,致囚死獄中者,杖九十七,罷職不敘; 正問官六十七,降先職二等敘; 首領官笞四十七,註邊遠一任; 承吏杖六十七,罷役不敘; 主意寫匿名文書者,杖一百七,流遠; 遞送匿名文書者,減二等; 受命主事遞送者,減三等。 諸捕盜官搜捕逆賊,輒將平人審問蹤跡,乘怒毆之,邂逅致死者,杖六十七,解職別敘,記過,征燒埋銀給苦主。 諸捕盜官受財故縱賊囚者,與犯人同罪,已敗獲者,徒杖並減一等。 諸父有罪,不坐其子; 兄有罪,不坐其弟。
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
諸大宗正府理斷人命重事,必以漢字立案牘,以公文稱憲臺,然後監察御史審覆之。 諸有司非法用刑者,重罪之。 已殺之人,輒臠割其肉而去者禁之,違者重罪之。 諸鞫獄不能正其心,和其氣,感之以誠,動之以情,推之以理,輒施以大披掛及王侍郎繩索,並法外慘酷之刑者,悉禁止之。 諸鞫問罪囚,除朝省委問大獄外,不得寅夜問事,廉訪司察之。 諸各路推官專掌推鞫刑獄,平反冤滯,董理州縣刑名之事,其餘庶務,毋有所與,按治官歲錄其殿最,秩滿則上其事而黜陟之。 凡推官若受差不聞上司,輒離職者,亦坐罪。 諸處斷重囚,雖叛逆,必令臺憲審錄,而後斬於市曹。 諸內外囚禁,從各路正官及監察御史廉訪司以時審錄,輕者斷遣,重者結案,其有冤滯,就糾察之。 諸正蒙古人,除犯死罪,監禁依常法,有司毋得拷掠,仍日給飲食。 犯真奸盜者,解束帶佩囊,散收。 余犯輕重者,以理對證,有司勿執拘之,逃逸者監收。 諸奏決天下囚,值上怒,勿輒奏。 上欲有所誅,必遲回一二日,乃覆奏。 諸有司因公依理決罰,邂逅身死者,不坐。 諸累過不悛,年七十以上,應罰贖者,仍減等科決。 諸犯罪,二罪俱發,以重者論,罪等從一。 若一罪先發,已經論決,余罪後發,其輕若等,勿論; 重者,更論之,通計前罪,以充後數。 諸職官輒以微故,乘怒不取招詞,斷決人邂逅致死,又誘苦主焚瘞其屍者,笞五十七,解職別敘,記過。 諸鞫獄輒以私怨暴怒,去衣鞭背者,禁之。 諸鞫問囚徒,重事須加拷訊者,長貳僚佐會議立案,然後行之,違者重加其罪。 諸弓兵祗候獄卒,輒毆死罪囚者,為首杖一百七,為從減一等,均征燒埋銀給苦主,其枉死應徵倍贓者,免征。 諸有司輒收禁無罪之人者,正官並笞一十七,記過。 無招枉禁,致自縊而死者,笞三十七,期年後敘。 諸有司輒將無辜枉禁,瘐死者,解職,降先品一等敘。 諸有司承告被盜,輒將警跡人,非理枉勘身死,卻獲正賊者,正問官笞五十七,解職,期年後,降先職一等敘; 首領官及承吏,各五十七,罷役不敘; 均征燒埋銀給苦主,通記過名。 諸有司受財故縱正賊,誣執非罪,非法拷訊,連逮妻子,銜冤赴獄,事未曉白,身已就死,正官杖一百七,除名,佐官八十七,降二等雜職敘,仍均征燒埋銀。 諸有司故入人罪,若未決者及囚自死者,以所入罪減一等論,入人全罪,以全罪論,若未決放,仍以減等論。 諸故出人之罪,應全科而未決放者,從減等論,仍記過。 諸失入人之罪者,減三等,失出人罪者減五等,未決放者又減一等,並記過。 諸有司失出人死罪者,笞五十七,解職,期年後降先品一等敘,記過,正犯人追禁結案。 諸有司輒將革前雜犯,承問斷遣者,以故入論。 諸監臨挾仇,違法枉斷所監臨職官者,抵罪不敘。 諸審囚官強愎自用,輒將蒙古人刺字者,杖七十七,除名,將已刺字去之。 諸為盜,並從有司歸問,各投下輒擅斷遣者,坐罪。 諸鬥毆殺人,無輕重,並結案上省部詳讞。 有司輒任情擅斷者,笞五十七,解職,其年後,降先品一等敘。 諸禁囚因械梏不嚴,致反獄者,直日押獄杖九十七,獄卒各七十七,司獄及提牢官皆坐罪,百日內全獲者不坐。 諸罪在大惡,官吏受贓縱令私和者,罷之。 諸司獲受財,縱犯奸囚人,在禁疏枷飲酒者,以枉法科罪,除名。
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
諸流囚,強盜持杖不曾傷人,但得財,若得財至二十貫,為從; 不持仗,不曾傷人,得財四十貫,為從; 及竊盜,割車剜房,傷事主,為從; 不曾傷事主,但曾得財; 不曾得財,內有舊賊; 初犯怯烈司盜駝馬牛,為從; 略賣良人為奴婢一人; 詐雕都省、行省印; 套畫省官押字,動支錢糧,幹礙選法; 或妄造妖言犯上:並杖一百七,流奴兒幹。 初犯盜駝馬牛,為首; 及盜財三百貫以上; 盜財十貫以下,經斷再犯; 發冢開棺傷屍,內應流者; 挑剜裨湊寶鈔,以真作偽,再犯; 知情買使偽鈔,三犯:並杖一百七,發肇州屯種。 諸犯罪流遠逃歸,再獲,仍流。 若中路遭亂而逃,不再犯,及已老病並會赦者,釋之。 諸流囚居役,非遇元正、寒食、重午等節,並勿給假。 諸配役囚徒,遇閏月,通理之。 諸應徒流,未行,會赦者釋之; 已行未至,會赦者亦釋之。 諸囚徒配役,役所停罷者,會赦,免放。 諸有罪,奉旨流遠,雖會赦,非奏請不得放還。 諸徒罪,晝則帶鐐居役,夜則入囚牢房。 其流罪發各處屯種者,止令監臨關防屯種。 諸流遠囚徒,惟女直、高麗二族流湖廣,余並流奴兒幹及取海青之地。 諸徒罪,無配役之所者,發鹽司居役。 諸主守失囚者,減囚罪三等,長押流囚官中路失囚者,視提牢官減主守罪四等,既斷還職。 諸大小刑獄應監系之人,並送司獄司,分輕重監收。 諸掌刑獄,輒縱囚徒在禁飲博,及帶刀刃紙筆陰陽文字入禁者,罪之。
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
諸獄具,枷長五尺以上,六尺以下,闊一尺四寸以上,一尺六寸以下,死罪重二十五斤,徒流二十斤,杖罪一十五斤,皆以幹木為之,長闊輕重各刻誌其上。 杻長一尺六寸以上,二尺以下,橫三寸,厚一寸。 鎖長八尺以上,一丈二尺以下,鐐連環重三斤。 笞大頭徑二分七厘,小頭徑一分七厘,罪五十七以下用之。 杖大頭徑三分二厘,小頭徑二分二厘,罪六十七以上用之。 訊杖大頭徑四分五厘,小頭徑三分五厘,長三尺五寸,並刊削節目,無令筋膠諸物裝釘。 應決者,並用小頭,其決笞及杖者,臀受; 拷訊者,臀若股分受,務令均停。
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
諸郡縣佐貳及幕官,每月分番提牢,三日一親臨點視,其有枉禁及淹延者,即舉問。 月終則具囚數牒次官,其在上都囚禁,從留守司提之。 諸南北兵馬司,每月分番提牢,仍令提控案牘兼掌囚禁。 諸鹽運司監收鹽徒,每月佐貳官分番董視,與有司同。
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
諸內郡官仕雲南者,有罪依常律; 土官有罪,罰而不廢。 諸左右兩江所部土官,輒興兵相仇殺者,坐以叛逆之罪。 其有妄相告言者,以其罪罪之。 有司受財妄聽者,以枉法論。 諸土官有能愛撫軍民,境內寧謐者,三年一次,保勘升官。 其有勛勞,及應升賞承襲,文字至帥府,輒非理疏駁,故為難阻者,罷之。
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
○祭令
Sacrificial Regulations
16
諸國家有事於效廟,凡獻官及百執事之人,受誓戒之後,散齊宿於正寢,致齊於祀所。 散齊日治事如故,不吊喪問疾,不作樂,不判署刑殺文字,不決罰罪人,不與穢惡事。 致齊日惟祀事得行,余悉禁之。 諸嶽鎮名山,國家之所秩祀,小民輒僭禮犯義,以祈禱褻瀆者,禁之。 諸五嶽、四瀆、五鎮,國家秩祀有常,諸王公主駙馬輒遣人降香致祭者,禁之。
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
諸郡縣宣聖廟,凡官員使臣軍馬,輒敢館谷於內,有司輒敢聽訟宴飲於內,工官輒敢營造於內,並行禁之。 諸書院同。 諸每月朔望,郡縣長吏率其參佐僚屬,詣孔子廟拜謁禮畢,從學官升堂講說。 其鄉村市鎮,亦擇有學問德行可為師長者,於農隙之時,以教導民。 其有視為迂緩而不務者,糾之。
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
○學規
School Regulations
19
諸蒙古、漢人國子監學官任內,驗其教養出格生員多寡,以為升遷。 博士教授有闕,從監察御史舉之,其不稱職者黜之,坐及元舉之官。 諸國子生悖慢師長、及行禮失儀、言行不謹、講誦不熟、功課不辦、無故廢學、有故不告輒出、告假違限、執事失誤、忿戾鬥爭,並委正、錄糾舉。 除悖慢師長別議,余者初犯戒諭,再犯、三犯約量責罰。 其廚人、仆夫、門子,常切在學,供給使令,違者就便決責。 諸國學居首善之地,六館諸生,以次升齋,毋或躐等。 其有未應升而求升,及曾犯學規者,輕者降之,重者黜之。 其教之不以道者,監察御史糾之。 諸國子監私試積分生員,其有不事課業,及一切違戾規矩,初犯罰一分,再犯罰二分,三犯除名。 已補高等生員,其有違戾規矩,初犯殿試一年,再犯除名,並從學正、錄糾舉。 正、錄知見不糾舉者,從本監議罰。 在學生員,歲終實歷坐齋不滿半周歲者,並除名。 除月假外,其餘告假,不用準算,學正、錄歲終通行考較。 漢人生員,三年不能通一經,及不肯篤勤者,勒令出學。 諸奎章閣授經郎生員,每月朔望上弦下弦,給假四日; 當入宿衛者,給假三日; 余有故須請假者,於授經郎稟說,附歷給假。 無故不入學,第一次罰當日會食,第二次於師席前罰拜及當日會食,第三次於學士院及師席前罰拜及當日會食,三次不改,奏聞懲戒黜退。
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
諸隨路學校,計其錢糧多寡,養育生徒,提調正官時一詣學督視,必使課講有程,訓迪有法,賞勤罰惰,作成人材,其學政不舉者究之。 諸教官在任,侵資錢糧,荒廢廟宇,教養無實,行止不臧,有忝師席,從廉訪司糾之; 任滿,有司輒朦朧給由者究之。 諸贍學田土,學官職吏或賣熟為荒,減額收租,或受財縱令豪右占佃,陷沒兼並,及巧名冒支者,提調官究之。 諸貧寒老病之士,必為眾所尊敬者,保申本路體覆無異,下本學養贍,仍移廉訪司察之; 但有冒濫,從提調官改正。 諸各處學校,為講習作養之地,有司輒侵借其錢糧者,禁之。 教官不稱職者,廉訪司糾之。 諸在任及已代教官,輒攜家入學,褻瀆居止者,從廉訪司糾之。
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
諸各路醫學大小生員,不令坐齋肄業,有名無實,及在學而訓誨無法,課講鹵莽,茍應故事者,教授、正、錄、提調官罰俸有差。 諸醫人於十三科內,不能精通一科者,不得行醫。 太醫院不精加考試,輒以私妄舉充隨朝太醫及內外郡縣醫官,內外郡縣醫學不依法考試,輒縱人行醫者,並從監察御史廉訪司察之。
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
○軍律
Military Law
23
諸軍官離職、屯軍離營、行軍離其部伍者,皆有罪。 諸軍官不得擅離部署。 赴闕言事,有必合言者,實封附遞以聞。 諸隨處軍馬,有久遠營屯,或時暫經過,並從官給糧食,輒妨擾農民、阻滯客旅者,禁之。 諸臨陣先退者,處死。 諸統軍捕逐寇盜,分守要害,約相為聲援,稽留失期,致殺死將士,仍不即追襲者,處死,雖會赦,罷職不敘。 諸軍民官,鎮守邊陲,帥兵擊賊,紀律無統,變易號令,背約失期,形分勢路,致令破軍殺將,或未戰逃歸,或棄城退走,復能建招徠之功者,減其罪,無功者,各以其罪罪之。 諸防戍軍人於屯所逃者,杖一百七,再犯者處死。 若科定出征,逃匿者,斬以徇。 諸軍戶貧乏已經存恤而復逃者,杖八十七,發遣當軍。 隱藏者減二等,兩鄰知而不首者,又減隱藏罪二等。 諸軍戶告乏求替者,從有司覆實之,其詐妄者,廉訪司憲之。 諸各衛扈從漢軍,每戶選練習壯丁一人常充,仍於貼戶內選兩人輪番供役,其有故必合替換者,自萬戶至於百戶,相視所換之可用,然後用之。 百戶、千戶、萬戶私換者,驗名數多寡,論罪解降。 諸管軍官吏,受錢代替軍空名者,驗入己錢數,以枉法科罪除名。 令兄弟子侄驅丁代替者,驗名數多寡,論罪解降。 諸軍馬征伐,虜掠良民,凶徒射利,略賣人口,或自賊殺,或以病亡棄屍道路、暴骸溝壑者,嚴行禁止。
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
○戶婚
Households and Marriage
25
諸匠戶子女,使男習工事,女習黹繡,其輒敢拘刷者,禁之。 諸系官當差人戶,非奉朝省文字,輒投充諸王及各投下給使者,論罪。 諸僧道還俗,兄弟析居,奴放為良,未入於籍者,應諸王諸子公主駙馬毋拘藏之。 民有敢隱藏者,罪之。 諸庶民有妄以漏籍戶及土田於諸王公主駙馬呈獻者,論罪; 諸投下輒濫收者,亦罪之。 諸官吏占人戶供給私用者,治罪。
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
諸有司治賦斂急,致貧民鬻男女為輸者,追還所鬻男女,而正有司罪,價勿償。 諸生女溺死者,沒其家財之半以勞軍。 首者為奴,即以為良。 有司失舉者,罪之。 諸民戶流移,所在有司起遣復業,輒以闌遺人收之者,禁之。 諸鰥寡孤獨,老弱殘疾,窮而無告者,於養濟院收養。 應收養而不收養,不應收養而收養者,罪其守宰,按治官常糾察之。 諸被災流民,有司招諭復業。 其年深不能復業及失所在者,蠲其賦。 輒抑民包納者,從臺憲官糾之。 諸年谷不熟,人民轉徙,所至既經賑濟,復聚黨持仗,剽劫財物,毆傷平民者,除孤老殘疾不能自贍,任便居住,有司依前存養,其餘有子弟者,驗其家口,計程遠近,支與行糧,次第押還元籍,沿路復為民害者,從所在有司斷遣。
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
諸蒙古、回回、契丹、女直、漢人軍前所俘人口,留家者為奴婢,居外附籍者即為良民,已居外復認為奴婢者,沒入其家財。 諸收捕叛亂軍人,掠取生口,並從按治官及軍民官一同審閱,實為賊黨妻屬者,給公據付之,無公據者,以掠良民之罪罪之。 諸群盜降附,以所劫掠男女充收捕官饋獻者,勿受,仍還為民。 無親屬可收系者,使男女相配,聽為民。 其留賊所者,悉縱之。 諸收到被掠婦人,忘其鄉里,並無親屬可歸者,有司與之嫁聘,所得聘財,與資妝束。 諸軍民官輒隱藏降附人民,不令復業者,罪之。 諸籍沒人口,元主私典賣者,追收入官,征價還主。 諸投下官員,招占已籍系官民匠戶計者,沒其家財,所占戶歸本籍。 諸投下所籍戶,令出五戶絲,余悉勿與。 其有橫斂於民,從臺憲究之。
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
諸願棄俗出家為僧道,若本戶丁多,差役不闕,及有兄弟足以侍養父母者,於本籍有司陳請,保勘申路,給據簪剃,違者斷罪歸俗。 諸河西僧人有妻子者,當差發、稅糧、鋪馬、次舍與庶民同。 其無妻子者,蠲除之。 諸父母在,分財異居,父母困乏,不共子職,及同宗有服之親,鰥寡孤獨,老弱殘疾,不能自存,寄食養濟院,不行收養者,重議其罪。 親族亦貧不能給者,許養濟院收錄。
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
諸典賣田宅,從有司給據立契,買主賣主隨時赴有司推收稅糧。 若買主權豪,官吏阿徇,不即過割,止令賣主納稅,或為分派別戶包納,或為立詭名,但受分文之贓,笞五十七,仍於買主名下,驗元價追征,以半沒官,半付告者。 首領官及所掌吏,斷罪罷役。 諸典賣田宅,須從尊長書押,給據立帳,歷問有服房親及鄰人典主,不願交易者,限十日批退,違限不批退者,笞一十七。 願者限十五日議價,立契成交,違限不酬價者,笞二十七。 任便交易,親鄰典主故相邀阻,需求書字錢物者,笞二十七。 業主虛張高價,不相由問成交者,笞三十七,仍聽親鄰典主百日收贖,限外不得爭訴。 業主欺昧,故不交業者,笞四十七。 親鄰典主在他所者,百里之外,不在由問之限。 若違例事覺,有司不以理聽斷者,監察御史廉訪司糾之。 諸軍官軍人不歸營屯,到任官員不歸官舍,往來使臣不歸館驛,輒於民家居止,為民害者,行省行臺起遣究治。 到任官無官舍,出私錢僦居者聽。 諸造謀以已賣田宅,誣買主占奪,脅取錢物者,計贓論罪,仍紅泥粉壁書過於門。 諸婚田訴訟,必於本年結絕,已經務停而不結絕者,從廉訪司及本管上司,正官吏之罪。 累經務停,而不結絕者,即與歸結,不在務停之限,違者罪亦如之。 其所爭田內租入,納稅之外,並從有司收貯,斷後隨田給付。
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
諸以女子典雇於人,及典雇人之子女者,並禁止之。 若已典雇,願以婚嫁之禮為妻妾者,聽。 諸受錢典雇妻妾者,禁。 其夫婦同雇而不相離者,聽。 諸受財嫁賣妻妾及過房弟妹者,禁。 諸乞養過房男女者,聽; 轉賣為奴婢者,禁之。 奴婢過房良民者,禁之。 諸守宰抑取部民男女為奴婢者,杖七十七,期年後降二等雜職敘。 諸妄認良人為奴,非理殘虐者,杖八十七,有官者罷之。 諸訴良得實,給據居住,候元籍親屬收領,無親屬者聽令自便。 諸奴婢背主在逃,杖七十七。
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
諸男女議婚,有以指腹割衿為定者,禁之。 諸嫁娶之家,飲食宴好,求足成禮,以華侈相尚,暮夜不休者,禁之。 諸男女婚姻,媒氏違例多索聘財,及多取媒利者,諭眾決譴。 諸女子已許嫁而未成婚,其夫家犯叛逆,應沒入者,若其夫為盜及犯流遠者,皆聽改嫁。 已成婚有子,其夫雖為盜受罪,勿改嫁。 諸男女既定婚,其女犯奸事覺,夫家欲棄,則追還聘財,不棄則減半成婚。 若夫家輒詭以風聞奸事,恐脅成親者,笞五十七,離之。 諸遭父母喪,忘哀拜靈成婚者,杖八十七,離之,有官者罷之,仍沒其聘財,婦人不坐。 諸服內定婚,各減服內成親罪二等,仍離之,聘財沒官。 諸有女許嫁,已報書及有私約,或已受聘財而輒悔者,笞三十七; 更許他人者,笞四十七; 已成婚者,五十七; 後娶知情者,減一等,女歸前夫。 男家悔者,不坐,不追聘財,五年無故不娶者,有司給據改嫁。 諸有女納婿,復逐婿,納他人為婿者,杖六十七。 後婿同其罪,女歸前夫,聘財沒官。 諸職官娶娼為妻者,笞五十七,解職,離之。 諸有妻妾復娶妻妾者,笞四十七,離之。 在官者,解職記過,不追聘財。 諸先通奸被斷,復娶以為妻妾者,雖有所生男女,猶離之。 諸轉嫁已歸未成婚男婦者,杖六十七,婦歸宗,聘財沒官。 諸受財以妻轉嫁者,杖六十七,追還聘財; 娶者不知情,不坐,婦人歸宗。 諸以書幣娶人女為妾,復受財轉嫁他人者,笞五十七,聘財沒官,妾歸宗,有官者罷之。 諸僧道悖教娶妻者,杖六十七,離之,僧道還俗為民,聘財沒官。 諸典賣佃戶者,禁。 佃戶嫁娶,從其父母。 諸兄收弟婦者,杖一百七,婦九十七,離之。 雖出道,仍坐。 主婚笞五十七,行媒三十七。 諸居父母喪,奸收庶母者,各杖一百七,離之,有官者除名。 諸漢人、南人,父沒子收其庶母,兄沒弟收其嫂者,禁之。 諸姑表兄弟嫂叔不相收,收者以奸論。 諸奴收主妻者,以奸論; 強收主女者,處死。 諸為子輒以亡父之妾與人,人輒受而私之,與者杖七十七,受者笞五十七。 諸受財強嫁所監臨妻,以枉法論,杖七十七,除名,追財沒官,妻還前夫。 諸良家女願與人奴為婚者,即為奴婢。 娶良家女為妻,以為奴婢賣之者,即改正為良,賣主買主同罪,價沒官。 諸以童養未成婚男婦轉配其奴者,笞五十七,婦歸宗,不追聘財。 諸逃奴有女,嫁為良人妻,已有男女,而本主覺察者,追其聘財歸本主,婦人不離。 諸棄妻,已歸宗改嫁者,從其後夫。 諸棄妻改嫁,後夫亡,復納以為妻者,離之。 諸夫婦不相睦,賣休買休者禁之,違者罪之,和離者不坐。 諸出妻妾,須約以書契,聽其改嫁。 以手模為征者,禁之。 諸婦人背夫、棄舅姑出家為尼者,杖六十七,還其夫。 諸賣買良人為倡,賣主買主同罪,婦還為良,價錢半沒官,半付告者。 或婦人自陳,或因事發覺,全沒入之。 良家婦犯奸,為夫所棄,或倡優親屬,願為倡者聽。 諸倡女孕,勒令墮胎者,犯人坐罪,倡放為良。 諸勒妻妾為倡者,杖八十七。 以乞養良家女,為人歌舞,給宴樂,及勒為倡者,杖七十七,婦人並歸宗。 勒奴婢為倡者,笞四十七,婦人放從良。 諸受財縱妻妾為倡者,本夫與奸婦奸夫各杖八十七,離之。 其妻妾隨時自首者,不坐; 若日月已久才自首者,勿聽。
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.