Volume 104 Treatises 57: Punishment and Law 3

刑法三○食貨

Punishment Law 3 — Revenue and Commodities

諸犯私鹽者，杖七十，徒二年，財產一半沒官，於沒物內一半付告人充賞。鹽貨犯界者，減私鹽罪一等。提點官禁治不嚴，初犯笞四十，再犯杖八十，本司官與總管府官一同歸斷，三犯聞奏定罪。如監臨官及竈戶私賣鹽者，同私鹽法。諸偽造鹽引者斬，家產付告人充賞。失覺察者，鄰佑不首告，杖一百。商賈販鹽，到處不呈引發賣，及鹽引數外夾帶，鹽引不相隨，並同私鹽法。鹽已賣，五日內不赴司縣批納引目，杖六十，徒一年，因而轉用者同賣私鹽法。犯私鹽及犯罪斷後，發鹽場充鹽夫，帶鐐居役，役滿放還。諸給散煎鹽竈戶工本，官吏通同克減者，計贓論罪。諸大都南北兩城關廂，設立鹽局，官為發賣，其餘州縣鄉村並聽鹽商興販。諸賣鹽局官、煎鹽竈戶、販鹽客旅行鋪之家，輒插和灰土硝鹼者，笞五十七。諸蒙古人私煮鹽者，依常法。諸犯私鹽，會赦，家產未入官者，革撥。諸私鹽再犯，加等斷徒如初犯，三犯杖斷同再犯，流遠，婦人免徒，其博易諸物，不論巨細，科全罪。諸轉買私鹽食用者，笞五十七，不用斷沒之令。諸捕獲私鹽，止理見發之家，勿聽攀指平民。有榷貨，無犯人，以榷貨解官；無榷貨，有犯人，勿問。諸巡捕私鹽，非承告報明白，不得輒入人家搜檢。諸犯私鹽，被獲拒捕者，斷罪流遠，因而傷人者處死。諸巡鹽軍官，輒受財脫放鹽徒者，以枉法計贓論罪，奪所佩符及所受命，罷職不敘。

Whoever deals in illicit salt is beaten seventy strokes and sentenced to two years of penal servitude; half of their property is confiscated, and half of what is seized goes to the informant as a reward. Salt sold across the monopoly boundary is punished one degree less severely than ordinary illicit salt. Intendants who fail to enforce the salt ban receive forty strokes of the bamboo on the first offense and eighty strokes of the staff on the second; their bureau and the regional administration judge the case jointly, and a third offense is reported to the throne for final sentencing. Supervising officials or saltern households who sell salt privately are punished under the same rules as other illicit salt dealers. Anyone who forges a salt permit is decapitated, and their family property is awarded to the informant. Neighbors who fail to report a forgery they should have noticed are beaten one hundred strokes. Merchants who sell salt without presenting their permit, exceed the permitted quantity, or fail to keep permit and salt together are all punished as illicit salt dealers. After selling salt, failure to cancel the permit at the prefectural or county office within five days brings sixty strokes of the staff and one year of penal servitude; reusing the permit is punished like selling illicit salt. After sentencing for illicit salt or related crimes, offenders are sent to government salterns as bonded laborers in fetters and released when their term ends. Officials who collude to skim the working capital issued to saltern households are sentenced according to the amount embezzled. In the northern and southern wards of the capital, salt bureaus sell salt on the government's behalf; elsewhere in prefectures, counties, and villages, licensed salt merchants may trade freely. Salt-bureau officials, saltern households, traveling merchants, and innkeepers who adulterate salt with ash, dirt, or saltpeter receive fifty-seven strokes of the bamboo. Mongols who boil salt privately are punished under the ordinary statute. When an amnesty covers illicit-salt offenses, confiscation of family property not yet turned over to the state is waived. A second illicit-salt offense increases the penalty to the same penal servitude as a first offense; a third brings staff beating and exile as on the second offense, though women are exempt from penal servitude. Goods exchanged in the trade, large or small, incur the full penalty. Those who buy illicit salt only for their own consumption receive fifty-seven strokes of the bamboo and are not subject to confiscation. When illicit salt is seized, only the household where it was found may be prosecuted; informants may not implicate unrelated civilians. If monopoly goods are found but no offender is identified, the goods alone are surrendered to the authorities; if there is an offender but no monopoly goods, no case is brought. Salt patrols may not enter private homes to search unless they have received a clear and specific report. Illicit salt offenders who resist arrest are sentenced and exiled; if anyone is injured in the struggle, they are executed. Salt-patrol officers who accept bribes to release offenders are sentenced for corrupt justice according to the amount taken, stripped of their tally and commission, and permanently dismissed.

諸茶法，客旅納課買茶，隨處驗引發賣畢，三日內不赴所在官司批納引目者，杖六十；因而轉用，或改抹字號，或增添夾帶斤重，及引不隨茶者，並同私茶法。但犯私茶，杖七十，茶一半沒官，一半付告人充賞，應捕人同。若茶園磨戶犯者，及運茶船主知情夾帶，同罪。有司禁治不嚴，致有私茶生發，罪及官吏。茶過批驗去處不批驗者，杖七十。其偽造茶引者斬，家產付告人充賞。諸私茶，非私自入山采者，不從斷沒法。

Under the tea regulations, traveling merchants who pay duty and sell tea must cancel their permit at the local office within three days of finishing sales, or receive sixty strokes of the staff; reusing a permit, altering its numbers, carrying excess weight, or failing to keep permit and tea together is punished as illicit tea. Illicit tea carries seventy strokes of the staff; half the tea goes to the state and half to the informant, with authorized catchers sharing the reward equally. Tea-garden and grinding-house operators, and transport ship masters who knowingly carry excess tea, receive the same penalty. Officials who fail to enforce the tea ban are punished when illicit tea appears in their jurisdiction. Officials at tea inspection stations who fail to inspect passing shipments receive seventy strokes of the staff. Forging a tea permit is punished by decapitation, with the forger's family property awarded to the informant. The confiscation statute does not apply to illicit tea unless the offender gathered it privately in the mountains.

諸產金之地，有司歲征金課，正官監視人戶，自執權衡，兩平收受。其有巧立名色，廣取用錢，及多秤金數，克除火耗，為民害者，從監察御史廉訪司糾之。

In gold-producing districts officials levy the annual gold tax while the chief magistrate supervises households, who weigh and pay on fair scales themselves. Officials who invent fees, overcharge, overweight gold, or skim refining loss to the people's harm are investigated by the surveillance censor and the surveillance commission.

諸出銅之地，民間敢私煉者禁之。

Private copper smelting is forbidden in copper-producing regions.

諸鐵法，無引私販者，比私鹽減一等，杖六十，錢沒官，內一半折價付告人充賞。偽造鐵引者，同偽造省部印信論罪，官給賞鈔二錠付告人。監臨正官禁治私鐵不嚴，致有私鐵生發者，初犯笞三十，再犯加一等，三犯別議黜降。客旅赴冶支鐵引後，不批月日出給，引鐵不相隨，引外夾帶，鐵沒官。鐵已賣，十日內不赴有司批納引目，笞四十；因而轉用，同私鐵法。凡私鐵農器鍋釜刀鐮斧杖及破壞生熟鐵器，不在禁限。江南鐵貨及生熟鐵器，不得於淮、漢以北販賣，違者以私鐵論。

Selling iron without a permit is punished one degree less than illicit salt: sixty strokes of the staff, confiscation of proceeds, and half the seized value paid to the informant. Forging an iron permit is punished like forging a provincial or ministry seal; the informant receives two ingots of reward money from the state. Chief supervisors who fail to stop illicit iron trade receive thirty strokes of the bamboo on the first offense, a higher penalty on the second, and demotion or dismissal on the third. Merchants who obtain iron permits at smelteries but fail to record issue dates, keep permit and iron together, or stay within permitted quantities forfeit the iron to the state. After selling iron, failure to cancel the permit at the authorities within ten days brings forty strokes of the bamboo; reusing the permit is punished under the illicit-iron statute. Farm tools, pots, knives, sickles, axes, staves, and scrap iron are not subject to the iron monopoly ban. Jiangnan iron and iron goods may not be sold north of the Huai and Han; violators are punished as illicit iron dealers.

諸衛輝等處販賣私竹者，竹及價錢並沒官，首告得實者，於沒官物約量給賞。犯界私賣者，減私竹罪一等。若民間住宅內外並闌檻竹不成畝，本主自用外貨賣者，依例抽分。有司禁治不嚴者罪之，仍於解由內開寫。

At Weihui and similar districts, illicit bamboo and its proceeds are confiscated; verified first informants receive a proportional reward from what is seized. Bamboo sold across the monopoly boundary is punished one degree less than ordinary illicit bamboo. Bamboo on private dwellings and railings amounting to less than a mu may be sold beyond the owner's own needs subject to the statutory levy. Officials who fail to enforce the bamboo regulations are punished, and the offense is entered on their transfer credentials.

諸私造唆魯麻酒者，同私酒法，杖七十，徒二年，財產一半沒官，有首告者，於沒官物內一半給賞。諸蒙古、漢軍輒醞造私酒醋曲者，依常法。諸犯禁飲私酒者，笞三十七。諸犯界酒，十瓶以下，罰中統鈔一十兩，笞二十，七十瓶以上，罰鈔四十兩，笞四十七，酒給元主。酒雖多，罰止五十兩，罪止六十。

Private brewing of araq is punished like illicit liquor: seventy strokes of the staff, two years of penal servitude, half the property confiscated, and half the seizure given to a first informant. Mongols and Han military households who brew private liquor, vinegar, or yeast are punished under the ordinary statute. Drinking illicit liquor in violation of the ban brings thirty-seven strokes of the bamboo. Liquor sold across the monopoly boundary: ten bottles or fewer draws a fine of ten liang of zhongtong notes and twenty strokes of the bamboo; seventy bottles or more draws forty liang and forty-seven strokes, with the liquor returned to the original owner. No matter how much liquor is involved, the fine is capped at fifty liang and the beating at sixty strokes.

諸匿稅者，物貨一半沒官，於沒官物內一半付告人充賞，但犯笞五十，入門不吊引，同匿稅法。諸辦課官，估物收稅而輒抽分本色者，禁之。其監臨官吏輒於稅課務求索什物者，以盜官物論，取與同坐。諸辦課官所掌應稅之物，並三十分中取一，輒冒估直，多收稅錢，別立名色，巧取分例，及不應收稅而收稅者，各以其罪罪之，廉訪司常加體察。諸在城及鄉村有市集之處，課稅有常法。其在城稅務官吏，輒於鄉村妄執經過商賈匿稅者，禁之。諸辦課官，侵用增余稅課者，以不枉法贓論罪。諸職官，印契不納稅錢者，計應納稅錢，以不枉法論。

Tax evaders forfeit half their goods to the state and half of that to the informant, with fifty strokes of the bamboo; entering a gate without a transit permit is punished the same way. Tax officials who skim goods in kind while assessing and collecting duties are forbidden to do so. Supervising officials who demand goods at tax offices are sentenced for stealing state property, and both giver and receiver are punished. Tax officials who inflate valuations, overcharge, invent fees, take illicit shares, or tax exempt goods are each sentenced accordingly; the surveillance commission is to investigate them regularly. Fixed commodity-tax rules apply wherever markets exist in cities and villages. Urban tax officials are forbidden to detain passing merchants in villages on false charges of tax evasion. Tax officials who appropriate surplus revenue are sentenced for non-corrupt embezzlement. Officials who fail to pay deed taxes are sentenced for a non-corrupt offense according to the amount owed.

諸市舶金銀銅錢鐵貨、男女人口、絲綿段匹、銷金綾羅、米糧軍器等，不得私販下海，違者舶商、船主、綱首、事頭、火長各杖一百七，船物沒官，有首告者，以沒官物內一半充賞，廉訪司常加糾察。諸市舶司於回帆物內，三十分抽稅一分，輒以非理受財者，計贓，以枉法論。諸舶商、大船給公驗，小船給公憑，每大船一，帶柴水船、八櫓船各一，驗憑隨船而行。或有驗無憑，及數外夾帶，即同私販，犯人杖一百七，船物並沒官，內一半付告人充賞。公驗內批寫物貨不實，及轉變滲泄作弊，同漏舶法，杖一百七，財物沒官；舶司官吏容隱，斷罪不敘。諸番國遣使奉貢，仍具貢物，報市舶司稱驗，若有夾帶，不與抽分者，以漏舶論。諸海門鎮守軍官，輒與番邦回舶頭目等人，通情滲泄舶貨者，杖一百七，除名不敘。諸中賣寶貨，耗蠹國財者，禁之。諸雲南行使<貝卜>法，官司商賈輒以他<貝卜>入境者，禁之。

Gold, silver, coin, iron, people, silk, brocade, grain, and military goods may not be smuggled overseas; the merchant, master, convoy chief, business head, and fire-room chief each receive one hundred seven strokes, with ship and cargo confiscated and half given to a first informant; the surveillance commission is to investigate constantly. Maritime-trade officials who take improper payments on returning cargo taxed at one part in thirty are sentenced for corrupt justice according to the amount taken. Large merchant vessels receive a public verification and small vessels a public credential; each large ship must have one fuel tender and one eight-oar tender, and the documents must travel with the ship. A verification without its matching credential, or cargo beyond the permitted amount, is treated as smuggling: one hundred seven strokes, confiscation of ship and goods, and half the seizure paid to the informant. False entries on a public verification, or diverting, leaking, or cheating on cargo, is punished like evading the maritime office: one hundred seven strokes and confiscation of property; maritime-office officials who conceal such offenses are sentenced and permanently barred from office. Tribute envoys from foreign states must declare their goods to the maritime-trade office for inspection; undeclared goods on which no tax is paid are punished as smuggling. Garrison officers at the sea gates who collude with foreign ship captains to leak cargo receive one hundred seven strokes and are permanently struck from the rolls. Selling precious goods at court in ways that drain state wealth is forbidden. In Yunnan, where shell currency is the legal medium, officials and merchants are forbidden to bring foreign shell currency into the province.

○大惡

○ Capital Offenses

諸大臣謀危社稷者誅。諸無故議論謀逆，為倡者處死，和者流。諸潛謀反亂者處死，宅主及兩鄰知而不首者同罪，內能悔過自首者免罪給賞，不應捕人首告者官之。諸謀反已有反狀，為首及同情者淩遲處死，為從者處死，知情不首者減為從一等流遠，並沒入其家。其相須連坐者，各以其罪罪之。諸父謀反，子異籍不坐。諸謀反事覺，捕治得實，行省不得擅行誅殺，結案待報。諸匿反叛不首者，處死。諸妖言惑眾，嘯聚為亂，為首及同謀者處死，沒入其家；為所誘惑相連而起者，杖一百七。諸假托神異，狂謀犯上者，處死。諸亂言犯上者處死，仍沒其家。諸指斥乘輿者，非特恩，必坐之。諸妄撰詞曲，誣人以犯上惡言者，處死。諸職官輒指斥詔旨亂言者，雖會赦，仍除名不敘。

Great ministers who plot to endanger the state are executed. Those who without cause discuss treason are punished: the ringleader is executed and followers are exiled. Secret plotting of rebellion or disorder is punishable by death; householders and both neighbors who know but fail to report share the guilt. Those who repent and surrender are pardoned and rewarded, and unauthorized informants who report first may be given office. When treason has already taken overt form, ringleaders and sympathizers suffer dismemberment, followers are executed, and those who knew but failed to report are exiled one degree below followers with their households confiscated. Those implicated together are each sentenced according to his own offense. When a father plots treason, a son registered on a separate household roll is not implicated. When treason is discovered and verified, regional secretariats may not execute offenders on their own authority but must close the case and await imperial orders. Those who conceal rebels without reporting them are executed. Those who spread sorcery or sedition to delude the people and gather in armed disorder are executed and their households confiscated; those who were merely enticed into joining receive one hundred seven strokes of the staff. Those who falsely claim supernatural powers and plot madly against their superiors are executed. Those who speak seditiously against their superiors are executed and their households confiscated. Those who insult the emperor's person or carriage are punished unless specially pardoned. Those who compose false songs or verses to accuse others of seditious speech are executed. Officials who insult imperial edicts with disorderly speech are struck from the rolls without reinstatement even when an amnesty is proclaimed.

諸子孫弒其祖父母、父母者，陵遲處死，因風狂者處死。諸醉後毆其父母，父母無他子，告乞免死養老者，杖一百七，居役百日。諸子弒其繼母者，與嫡母同。諸部內有犯惡逆，而鄰佑、社長知而不首，有司承告而不問，皆罪之。諸子弒其父母，雖瘐死獄中，仍支解其屍以徇。諸毆傷祖父母、父母者，處死。諸謀殺已改嫁祖母者，仍以惡逆論。諸挾仇毆死義父，及殺傷幸獲生免者，皆處死。諸圖財殺傷義母者，處死。諸為人子孫，或因貧困，或信巫覡說誘，發掘祖宗墳墓，盜其財物，賣其塋地者，驗輕重斷罪：移棄屍骸，不為祭祀者，同惡逆結案。買者知情，減犯人罪二等，價錢沒官；不知情，臨事詳審，有司仍不得出給賣墳地公據。諸為人子孫，為首同他盜發掘祖宗墳墓，盜取財物者，以惡逆論，雖遇大赦原免，仍刺字徙遠方屯種。諸婦毆舅姑者，處死。諸因奸毆死其夫及其舅姑者，陵遲處死。諸弟殺其兄者，處死。諸父子同謀殺其兄，欲圖其財而收其嫂者，父子並淩遲處死。諸兄因爭，毆其弟，弟還毆其兄，邂逅致死，會赦，仍以故殺論。諸嫂叔爭，殺死其嫂者，處死。諸因爭虐殺其兄者，雖死仍戮其屍。諸因爭移怒，戳傷其兄者，於市曹杖一百七，流遠。諸挾仇毆死其伯叔母者，處死。諸因爭兄弟同謀毆死諸父者，皆處死。諸挾仇故殺其從父，偶獲生免者，罪與已死同。諸妻因爭殺其夫者，處死。諸婦人問醫人買毒藥殺其夫者，醫人同處死。諸妻殺傷其夫，幸獲生免者，同殺死論。諸婿因醉殺其婦翁，偶獲生免者，罪與已死同。

Descendants who murder grandparents or parents suffer dismemberment; even if driven by madness, they are still executed. Those who beat their parents while drunk, when the parents have no other sons and plead for the offender's life to support them in old age, receive one hundred seven strokes and one hundred days of penal service. Sons who murder a stepmother are punished the same as for murdering a principal mother. When capital parricide occurs in a ward, neighbors and hamlet chiefs who fail to report, and officials who ignore denunciations, are all punished. Sons who murder their parents, even if they die of illness in prison, still have their corpses dismembered and displayed as a warning. Those who beat and injure grandparents or parents are executed. Plotting to murder a remarried grandmother is still punished as capital parricide. Those who kill a foster father in a grudge beating, or who kill or injure him even if he survives, are all executed. Those who kill or injure a foster mother for her property are executed. Descendants who excavate ancestral graves from poverty or sorcerers' persuasion, steal grave goods, or sell burial land are sentenced according to severity; moving or abandoning corpses and ending sacrifices is closed as capital parricide. Knowing buyers have the offense reduced two degrees, with the purchase price confiscated; if ignorant, the case is examined in detail, but officials still may not issue public deeds for grave-land sales. Descendants who lead others in robbing ancestral graves are sentenced as capital parricide; even under a great amnesty they are tattooed and exiled to distant military colonies. Wives who beat their parents-in-law are executed. Women who beat their husband and parents-in-law to death in an adulterous affair suffer dismemberment. Younger brothers who kill an elder brother are executed. If father and son conspire to murder their elder brother for his estate and widow, both suffer dismemberment. When brothers quarrel and the younger strikes back and accidentally kills the elder, the offense is still treated as intentional homicide even under an amnesty. If a sister-in-law and her husband's younger brother quarrel and he kills her, he is executed. Whoever cruelly kills an elder brother in a quarrel has his corpse mutilated even if he has already died. Whoever stabs and wounds an elder brother in a quarrel receives one hundred seven strokes at the execution ground and is exiled afar. Those who beat an uncle's wife to death in a grudge killing are executed. Brothers who in a quarrel jointly beat their fathers to death are all executed. Those who deliberately kill a paternal uncle in a grudge killing receive the same penalty as if the victim had died, even if he survives. Wives who kill their husbands in a quarrel are executed. Women who procure poison from a physician to kill their husbands are executed, and so is the physician. Wives who kill or injure their husbands are punished as for murder even if the husband survives. Sons-in-law who kill their fathers-in-law while drunk receive the same penalty as if the victim had died, even if he survives.

諸奴殺傷本主者，處死。諸奴詬詈其主不遜者，杖一百七，居役二年，役滿日歸其主。諸奴故殺其主者，淩遲處死。諸奴毆死主婿者，處死。

Slaves who kill or injure their masters are executed. Slaves who insolently revile their masters receive one hundred seven strokes, two years of penal service, and are then returned to the master. Slaves who deliberately kill their masters suffer dismemberment. Slaves who beat their master's son-in-law to death are executed.

諸挾仇殺傷人一家，俱獲生免者，與已死同。其同謀悔過不至者，減等論。諸以奸盡殺其母黨一家者，淩遲處死。諸兄挾仇，與子同謀殺其弟一家者，皆處死。

Those who in a grudge kill or injure an entire household receive the same penalty as if all had died, even if all survive. Co-conspirators who repent and fail to appear receive reduced sentences. Those who through an adulterous affair slaughter an entire household of their mother's kin suffer dismemberment. Elder brothers who conspire with their sons to kill a younger brother's entire household in a grudge killing are all executed.

諸支解人，煮以為食者，以不道論，雖瘐死，仍征燒埋銀給苦主。諸魘魅大臣者，處死。諸妻魘魅其夫，子魘魅其父，會大赦者，子流遠，妻從其夫嫁賣。諸造蠱毒中人者，處死。諸采生人支解以祭鬼者，陵遲處死，仍沒其家產。其同居家口，雖不知情，並徙遠方。已行而不曾殺人者，比強盜不曾傷人、不得財，杖一百七，徒三年。謀而未行者，九十七，徒二年半。其應死之人，能自首，或捕獲同罪者，給犯人家產，應捕者減半。

Those who dismember a person and boil the flesh for food are sentenced for unnatural conduct; even if they die in custody, burial compensation is levied for the victim's family. Those who use sorcery against great ministers are executed. Wives who bewitch their husbands or sons who bewitch their fathers: under a great amnesty the son is exiled and the wife is remarried or sold at her husband's family's discretion. Those who manufacture gu poison to harm others are executed. Those who dismember living persons for ghost sacrifice suffer dismemberment and forfeiture of their property. All co-resident household members are exiled afar, even if they were unaware. If the rite was performed but no one was killed, the penalty matches attempted robbery without injury or gain: one hundred seven strokes and three years of penal servitude. If the crime was plotted but not carried out: ninety-seven strokes and two and a half years of penal servitude. Those liable to death who surrender or capture a co-offender receive the offender's property; authorized catchers receive half.

○奸非

○ Adultery and Fornication

諸和奸者，杖七十七；有夫者，八十七。誘奸婦逃者，加一等，男女罪同，婦人去衣受刑。未成者，減四等。強奸有夫婦人者死，無夫者杖一百七，未成者減一等，婦人不坐。其媒合及容止者，各減奸罪三等，止理見發之家，私和者減四等。諸指奸不坐。諸無夫婦人有孕，稱與某人奸，即同指奸，罪止本婦。諸宿衛士與宮女奸者，出軍。諸翁欺奸男婦，已成者處死，未成者杖一百七，男婦歸宗。和奸者皆處死。男婦虛執翁奸已成，有司已加翁拷掠，男婦招虛者，處死；虛執翁奸未成，已加翁拷掠，男婦招虛者，杖一百七，發付夫家從其嫁賣。婦告或翁告同。若男婦告翁強奸已成，卻問得翁欲欺奸未成，男婦妄告重事，笞三十七，歸宗。諸欺奸義男婦，杖一百七，欺奸不成，杖八十七，婦並不坐。婦及其夫異居當差，雖會赦，仍異居。諸男婦與奸夫謀誣翁欺奸，買休出離者，杖一百七，從夫嫁賣，奸夫減一等，買休錢沒官。諸與弟妻奸者，各杖一百七，奸夫流遠，奸婦從夫所欲。諸嫂寡守志，叔強奸者，杖九十七。諸與同居侄婦奸，各杖一百七，有官者除名。諸強奸侄婦未成者，杖一百七。諸與兄弟之女奸，皆處死；與從兄弟之女奸，減一等；與族兄弟之女奸，減二等。諸居父母喪欺奸父妾者，各杖九十七，婦人歸宗。諸奸私再犯者，罪加二等，婦人聽其夫嫁賣。諸因奸偷遞家財，止以奸論。諸雇人之妻為妾，年滿而歸，雇主復與通，即以奸論。因又與殺其夫者，皆處死。諸子犯奸，父出首，仍坐之，諸奸不理首原。諸奸生男女，男隨父，女隨母。諸僧尼道士女冠犯奸，斷後並勒還俗，諸強奸人幼女者處死，雖和同強，女不坐。凡稱幼女，止十歲以下。諸年老奸人幼女，杖一百七，不聽贖。諸十五歲未成丁男，和奸十歲以下女，雖和同強，減死，杖一百七，女不坐。諸強奸十歲以上女者，杖一百七。諸強奸妻前夫男婦未成，及強奸妻前夫女已成，並杖一百七，妻離之。諸三男強奸一婦者，皆處死，婦人不坐。

Consensual adultery is punished with seventy-seven strokes of the staff; if the woman has a husband, eighty-seven strokes. Seducing a married woman to flee increases the penalty one degree; man and woman are punished alike, and the woman is stripped for the beating. If the act was not completed, the penalty is reduced four degrees. Rape of a married woman is punishable by death; rape of an unmarried woman brings one hundred seven strokes; if incomplete, the penalty is reduced one degree; the woman is not punished. Matchmakers and harborers each have the adultery penalty reduced three degrees; only discovered households are prosecuted; private settlement reduces the penalty four degrees. Groundless accusations of adultery incur no liability. Unmarried pregnant women who name a man as their lover are treated like false accusers, and only the woman is punished. Palace guards who commit adultery with palace women are expelled from service. Fathers-in-law who seduce or rape their daughters-in-law are executed if the act is completed, or beaten one hundred seven strokes if not, and the daughter-in-law returns to her natal family. All who consented to the adultery are executed. If a daughter-in-law falsely claims completed seduction by her father-in-law, and after he has been tortured she confesses the accusation was false, she is executed; if she falsely claims incomplete seduction and confesses after torture, she receives one hundred seven strokes and is sent to her husband's family for remarriage or sale. The same rule applies whether the wife or father-in-law brings the accusation. If a daughter-in-law accuses her father-in-law of completed rape but inquiry shows attempted seduction only, and she has falsely accused a grave offense, she receives thirty-seven strokes and returns to her natal family. Deceiving and violating an adopted son's wife brings one hundred seven strokes; attempted seduction brings eighty-seven; the woman is not punished. The wife and husband live separately and perform corvée duty; even under amnesty they remain separated. Daughters-in-law who conspire with lovers to falsely accuse a father-in-law and buy divorce receive one hundred seven strokes and are remarried or sold at the husband's family's discretion; the lover's penalty is reduced one degree and the payment is confiscated. Adultery with a younger brother's wife brings one hundred seven strokes for each party; the man is exiled and the woman is disposed of as her husband wishes. A widowed sister-in-law who keeps her chastity and is raped by her husband's younger brother brings ninety-seven strokes on the offender. Adultery with a co-resident nephew's wife brings one hundred seven strokes for each party; any official involved is struck from the rolls. Attempted rape of a nephew's wife brings one hundred seven strokes. Adultery with a brother's daughter is punishable by death for all parties; adultery with a paternal cousin's daughter carries a penalty reduced one degree; adultery with a more distant clan cousin's daughter carries a penalty reduced two degrees. During mourning for one's parents, deceiving and violating a father's concubine brings ninety-seven strokes for each party, and the woman returns to her natal family. A second private adultery offense increases the penalty two degrees, and the woman may be remarried or sold at her husband's discretion. Using an adulterous affair to steal household property is punished only as adultery. Hiring another man's wife as a concubine and resuming relations after her term ends is treated as adultery. If he then also joins in killing her husband, all are executed. Sons who commit adultery are still punished when their fathers report them; voluntary surrender grants no clemency in adultery cases. Children born of adultery follow the father if male and the mother if female. Monks, nuns, and Daoist clerics who commit adultery must return to secular life after sentencing; rape of a young girl is punishable by death; even consensual relations with a young girl are treated as rape, and the girl is not punished. The term 'young girl' applies only to girls ten years of age and below. An elderly person who commits adultery with a young girl receives one hundred seven strokes and may not redeem the penalty. A boy under fifteen who has not reached adulthood who has consensual relations with a girl ten or younger is treated as rape; death is commuted to one hundred seven strokes, and the girl is not punished. Forcible violation of a girl ten or older brings one hundred seven strokes. Attempted rape of a wife's former husband's daughter-in-law, or completed rape of his daughter, brings one hundred seven strokes in either case, and the wife divorces him. If three men rape one woman, all are executed; the woman is not punished.

諸職官犯奸者，如常律，仍除名，但有祿人犯者同。諸職官求奸未成者，笞五十七，解見任，雜職敘。諸職官因謔部民妻，致其夫棄妻者，杖六十七，罷職，降二等雜職敘，記過。諸職官強奸部民妻未成，杖一百七，除名不敘。諸職官因奸，買部民妾，奸非奸所捕獲，止以買部民妾論，笞三十七，解職別敘。諸監臨官與所監臨囚人妻奸者，杖九十七，除名。諸職官與倡優之妻奸，因娶為妾者，杖七十七，罷職不敘。諸監臨令人奸汙所部寡婦者，杖八十七，除名。諸蠻夷官擅以籍沒婦人為妻者，杖八十七，罷職記過，婦人笞四十七。

Officials who commit adultery are punished under the ordinary statutes and struck from the rolls; salaried persons are treated the same. Officials who solicit adultery without completion receive fifty-seven strokes, lose their current post, and are reassigned to a minor post. Officials whose jesting with a subject's wife causes her husband to abandon her receive sixty-seven strokes, are dismissed, demoted two grades, and have the offense recorded. Officials who attempt to rape a subject's wife receive one hundred seven strokes and are permanently struck from the rolls. Officials who purchase a subject's concubine through an adulterous affair, seized on that charge rather than in the act, are punished only for the purchase with thirty-seven strokes, removal, and reassignment. Supervising officials who commit adultery with a prisoner's wife receive ninety-seven strokes and are struck from the rolls. Officials who commit adultery with an entertainer's wife and then take her as concubine receive seventy-seven strokes and are dismissed without reinstatement. Supervising officials who have another man defile widows under their charge receive eighty-seven strokes and are struck from the rolls. Frontier officials who take confiscated women as wives on their own authority receive eighty-seven strokes and are dismissed with the offense recorded; the woman receives forty-seven strokes.

諸主奸奴妻者，不坐。諸奴有女，已許嫁為良人妻，即為良人，其主輒欺奸者，杖一百七，其妻縱之者，笞五十七，其女夫家仍願為婚者，減元議財錢之半，不願者，追還元下聘財，令父收管，為良改嫁。諸奴奸主女者，處死。諸以傔從與命婦奸，以命婦從奸夫逃者，皆處死。諸強奸主妻者，處死。諸奴與主妾奸者，各杖九十七。諸良民竊奴婢生子，子隨母還主，奴竊良民生子，子隨母為良，仍異籍當差。諸奴婢相奸，笞四十七。

Masters who commit adultery with their slaves' wives incur no liability. If a slave's daughter betrothed to a commoner is forcibly violated by her master, he receives one hundred seven strokes; if his wife permitted it, she receives fifty-seven; if the fiancé's family still wishes to marry, half the bride-price is remitted; if not, betrothal gifts return to her father and she may remarry as a commoner. Slaves who commit adultery with their master's daughter are executed. Those who use a servant to commit adultery with a noblewoman, or whose noblewoman flees with her lover, are all executed. Those who rape their master's wife are executed. Slaves who commit adultery with their master's concubine each receive ninety-seven strokes. If a commoner secretly has relations with a slave and bears a child, the child follows the mother and returns to the master; if a slave has relations with a commoner, the child follows the mother, becomes a commoner, and is registered separately for corvée. Adultery between slaves or maids brings forty-seven strokes for each party.

諸夫受財，縱妻為倡者，夫及奸婦、奸夫各杖八十七，離之。若夫受財，勒妻妾為倡者，妻量情論罪。諸和奸，同謀以財買休，卻娶為妻者，各杖九十七，奸婦歸其夫。諸夫妻不睦，夫以威虐，逼其妻指與人奸者，杖七十七，妻不坐，離之。諸婿誣妻父與女奸者，杖九十七，妻離之。諸夫指奸而棄其妻，所指奸夫輒停妻而娶之者，兩離之。

Husbands who accept payment and allow their wives to prostitute themselves bring eighty-seven strokes on the husband, woman, and lover, and the marriage is dissolved. If a husband accepts payment and compels his wife or concubine to prostitute herself, the wife is sentenced according to the circumstances. In consensual adultery where the parties buy a divorce and then marry, each receives ninety-seven strokes and the adulteress returns to her husband. Husbands who coerce their wives into false adultery accusations receive seventy-seven strokes; the wife is not punished, and they divorce. Sons-in-law who falsely accuse their fathers-in-law of incest with their daughters receive ninety-seven strokes, and the wife divorces him. If a husband abandons his wife for adultery and the accused man divorces his own wife to marry her, both marriages are dissolved.

諸奸夫奸婦同謀殺其夫者，皆處死，仍於奸夫家屬征燒埋銀。諸因奸殺其本夫，奸婦不知情，以減死論。諸妻與人奸，同謀藥死其夫，偶獲生免者，罪與已死同，依例結案。諸婦人為首，與眾奸夫同謀，親殺其夫者，陵遲處死，奸夫同謀者如常法。諸夫獲妻奸，妻拒捕，殺之無罪。諸與無夫婦奸，約為妻，卻毆死正妻者，處死。諸與奸婦同謀藥死其正妻者，皆處死。諸妻妾與人奸，夫於奸所殺其奸夫及其妻妾，及為人妻殺其強奸之夫，並不坐。若於奸所殺其奸夫，而妻妾獲免，殺其妻妾，而奸夫獲免者，杖一百七。諸奸夫殺死奸婦者，與故殺常人同。諸求奸不從，毆死其婦，以強盜持仗殺人論。諸兩奸夫與一奸婦皆有宿約，其先至者因鬥殺其後至者，以故殺論。

Adulterers and adulteresses who conspire to kill her husband are all executed, and burial compensation is levied from the adulterer's family. If a man kills his wife's husband through adultery without the adulteress's knowledge, the penalty is reduced from death. Wives who commit adultery and conspire to poison their husbands receive the same penalty as if he had died even if he survives, and the case is closed according to regulation. Women who lead several lovers in killing their husbands with their own hands suffer dismemberment; co-conspiring lovers are punished under the ordinary statutes. Husbands who catch their wives in adultery and kill them while they resist arrest are not guilty. Those who commit adultery with an unmarried woman, promise to marry her, but then beat their principal wife to death are executed. Those who conspire with an adulteress to poison their principal wife to death are all executed. When a wife or concubine commits adultery, a husband who kills both the lover and the adulteress at the scene is not guilty; nor is a wife who kills the man who raped her. If a husband kills the adulterer at the scene but the wife or concubine escapes, or kills the wife or concubine while the adulterer escapes, he receives one hundred seven strokes of the staff. Adulterers who kill their lovers are punished the same as those who deliberately murder an ordinary person. Those who demand adultery and, when refused, beat their wife to death are sentenced as armed robbers who kill. When two lovers and one adulteress all had a standing arrangement and the first to arrive kills the later one in a fight, the killer is sentenced for premeditated murder.

○盜賊

○ Robbers and Thieves

諸盜賊共盜者，並贓論，仍以造意之人為首，隨從者各減一等。或二罪以上俱發，從其重得論之。諸竊盜初犯，刺左臂，謂已得財者。再犯刺右臂，三犯刺項。強盜初犯刺項，並充警跡人，官司以法拘檢關防之。其蒙古人有犯，及婦人犯者，不在刺字之例。諸評盜贓者，皆以至元鈔為則，除正贓外，仍追倍贓。其有未獲賊人，及雖獲無可追償，並於有者名下追征。諸犯徒者，徒一年，杖六十七；一年半，杖七十七；二年，杖八十七；二年半，杖九十七；三年，杖一百七。皆先決訖，然後發遣合屬，帶鐐居役。應配役人，隨有金銀銅鐵洞冶、屯田、堤岸、橋道一切等處就作，令人監視，日計工程，滿日放還，充警跡人。諸盜未發而自首者，原其罪；能捕獲同伴者，仍依例給賞。其於事主有所損傷，及準首再犯，不在原免之例。諸杖罪以下，府州追勘明白，即聽斷決。徒罪，總管府決配，仍申合幹上司照驗。流罪以上，須牒廉訪司官，審覆無冤，方得結案，依例待報。其徒伴有未獲，追會有不完者，如復審既定，贓驗明白，理無可疑，亦聽依上歸結。

Joint thieves are all sentenced according to the stolen goods, with the instigator treated as the ringleader and each accomplice punished one degree lighter. When two or more offenses arise together, the heavier penalty applies. Petty thieves on a first offense are tattooed on the left arm, provided they have actually obtained property. A second offense is tattooed on the right arm, and a third on the neck. First-time robbers are tattooed on the neck, assigned as reserve thief-catchers, and kept under lawful detention and surveillance by the authorities. Mongols and women are not subject to tattooing. Stolen goods are assessed in Zhiyuan notes; beyond returning the principal loot, double restitution is still required. If the thief is not caught, or nothing can be recovered from him once caught, restitution is still levied from those who have assets. Those sentenced to penal servitude receive accompanying beatings: one year, sixty-seven strokes; one and a half years, seventy-seven strokes; two years, eighty-seven strokes; two and a half years, ninety-seven strokes; three years, one hundred seven strokes. In every case the beating is inflicted first; only then is the offender sent to the appropriate jurisdiction to serve in shackles. Those assigned to penal labor work at whatever mines, garrison farms, dikes, bridges, and roads are available, under daily supervision; when the term is complete they are released and assigned as reserve thief-catchers. Thieves who surrender before the crime is discovered are forgiven; if they capture an accomplice, they still receive reward according to regulation. Cases involving injury to the victim, or repeat offenses treated as surrender, are not eligible for forgiveness. Offenses punishable by the staff or less may be judged immediately once the prefecture or district has completed a clear investigation. Penal servitude is decided and assigned by the circuit intendant's office, with report to the competent superior for verification. Exile and graver penalties require referral to the Surveillance Commission; the case may close only after review finds no injustice, and final report is awaited according to regulation. If accomplices remain at large or restitution is incomplete, but re-review is settled, the evidence of stolen goods is clear, and no reasonable doubt remains, the case may still be closed as above.

諸強盜持仗但傷人者，雖不得財，皆死。不曾傷人，不得財，徒二年半；但得財，徒三年；至二十貫，為首者死，余人流遠。不持仗傷人者，惟造意及下手者死。不曾傷人，不得財徒一年半，十貫以下徒二年；每十貫加一等，至四十貫，為首者死，余人各徒三年。若因盜而奸，同傷人之坐，其同行人止依本法，謀而未行者，於不得財罪上，各減一等坐之。

Armed robbers who injure anyone are all put to death, even if they obtain no property. If no one was injured and no property was taken: two and a half years of penal servitude; if property was obtained: three years of penal servitude; up to twenty guan, the ringleader is executed and the rest exiled afar. Robbers who injure without bearing arms: only the instigator and the one who struck the blow are executed. If no one was injured and no property was taken, one and a half years of penal servitude; if the loot is under ten guan, two years; each additional ten guan increases the penalty one degree; at forty guan the ringleader is executed and the rest each receive three years of penal servitude. Adultery during robbery is punished as injury; accomplices are sentenced under this statute alone; plotters who did not act receive one degree less than the penalty for robbery without gain.

諸竊盜始謀而未行者，笞四十七；已行而不得財者，五十七；得財十貫以下，六十七；至二十貫，七十七。每二十貫加一等，一百貫，徒一年，每一百貫加一等，罪止徒三年。諸盜庫藏錢物者，比常盜加一等，贓滿至五百貫以上者流。

Petty thieves who plot but do not act receive forty-seven strokes of the bamboo; if they act but obtain no property: fifty-seven strokes; if the loot is under ten guan: sixty-seven strokes; up to twenty guan: seventy-seven strokes. Each additional twenty guan increases the penalty one degree; at one hundred guan the sentence is one year of penal servitude; each additional hundred guan increases it one degree, up to a maximum of three years. Theft from the treasury is punished one degree above ordinary theft; loot of five hundred guan or more brings exile.

諸盜駝馬牛驢騾，一陪九。盜駱駝者，初犯為首九十七，徒二年半，為從八十七，徒二年；再犯加等；三犯不分首從，一百七，出軍。盜馬者，初犯為首八十七，徒二年，為從七十七，徒一年半；再犯加等，罪止一百七，出軍。盜牛者，初犯為首七十七，徒一年半，為從六十七，徒一年；再犯加等，罪止一百七，出軍。盜驢騾者，初犯為首六十七，徒一年，為從五十七，刺放；再犯加等，罪止徒三年。盜羊豬者，初犯為首五十七，刺放，為從四十七，刺放；再犯加等，罪止徒三年。盜系官駝馬牛者，比常盜加一等。

Those who steal camels, horses, cattle, donkeys, or mules must make ninefold restitution. Camel thieves on a first offense: the ringleader receives ninety-seven strokes and two and a half years of penal servitude; the follower eighty-seven strokes and two years; on repeat offense the penalty is increased; on a third offense, regardless of ringleader or follower: one hundred seven strokes and banishment to military service. Horse thieves on a first offense: the ringleader receives eighty-seven strokes and two years of penal servitude; the follower seventy-seven strokes and one and a half years; on repeat offense the penalty increases, up to one hundred seven strokes and banishment to military service. Cattle thieves on a first offense: the ringleader receives seventy-seven strokes and one and a half years of penal servitude; the follower sixty-seven strokes and one year; on repeat offense the penalty increases, up to one hundred seven strokes and banishment to military service. Donkey or mule thieves on a first offense: the ringleader receives sixty-seven strokes and one year of penal servitude; the follower fifty-seven strokes, tattoo, and release; on repeat offense the penalty increases, up to three years of penal servitude. Sheep or pig thieves on a first offense: the ringleader receives fifty-seven strokes, tattoo, and release; the follower forty-seven strokes, tattoo, and release; on repeat offense the penalty increases, up to three years of penal servitude. Theft of official camels, horses, or cattle is punished one degree above ordinary theft.

諸劇賊既款附得官，復以捕賊為由，虐取民財者，計贓論罪，流遠。諸強盜再犯，仍刺。

Notorious bandits who, after surrendering and receiving office, extort the people under the pretext of catching thieves are sentenced according to the loot and exiled afar. Repeat robbers are still tattooed.

諸強盜殺傷事主，不分首從，皆處死。諸強奪人財，以強盜論。諸以藥迷瞀人，取其財者，以強盜論。諸白晝持仗，剽掠得財，毆傷事主；若得財，不曾傷事主，並以強盜論。諸官民行船，遭風著淺，輒有搶虜財物者，比同強盜科斷。若會赦，仍不與真盜同論，征贓免罪。諸強盜出外國，其邊臣執以來獻者，賜金帛以旌之。諸盜乘輿服御器物者，不分首從，皆處死。知情領賣，克除價錢者，減一等。

Robbers who kill or injure the victim are all executed, regardless of ringleader or follower. Those who forcibly seize another's property are sentenced as robbers. Those who drug people into stupor and take their property are sentenced as robbers. Those who in broad daylight bear arms, plunder property, and beat and injure the victim; if property is obtained even without injuring the victim, all are sentenced as robbers. Officials and commoners who plunder property when wind drives their boats aground are sentenced the same as robbers. If an amnesty applies, they are not treated like true thieves: the loot is collected and the offense exempted. Robbers who flee abroad, when captured and presented by border officials, earn gold and silk rewards for their captors. Those who steal the imperial carriage, regalia, or court utensils are all executed, regardless of ringleader or follower. Those who knowingly receive stolen goods for resale and deduct from the price receive one degree less punishment.

諸盜官錢，追征未盡，到官禁系既久，實無可折償者，除之。諸守庫軍，但盜庫中財物者，處死，會赦者仍刺之。諸內藏典守，輒盜庫中財物者，處死。諸造鈔庫工匠，私藏合毀之鈔出庫者，杖一百七。監臨失關防者，笞三十七。諸盜印鈔庫鈔者，處死。諸檢昏鈔行人，盜取昏鈔，為監臨搜獲，不得財者，以盜庫藏錢物不得財加等論，杖七十七。諸燒鈔庫合幹檢鈔行人，輒盜昏鈔出庫分使者，刺斷。諸盜局院官物，雖贓不滿貫，仍加等，杖七十七，刺字。諸工匠已關出庫物料，成造及額余外，不曾還官，因盜出局者，斷罪，免刺。諸盜已到倉官糧，而未離倉事覺者，以不得財論，免刺。諸盜官員符節，比常盜加一等，計贓坐罪。諸盜官府文卷作故紙變賣者，杖七十七，同竊盜，刺字；買卷人笞四十七。

When stolen official money cannot be fully recovered and the offender, long imprisoned, truly has nothing left with which to compensate, the remainder is remitted. Treasury guards who steal from the treasury are executed; if an amnesty applies, they are still tattooed. Inner-treasury keepers who steal from the treasury are executed. Note-printing craftsmen who hide notes marked for destruction and remove them from the treasury receive one hundred seven strokes of the staff. Supervisors who fail in guarding receive thirty-seven strokes of the bamboo. Those who steal newly printed notes from the note treasury are executed. Worn-note inspectors who steal worn notes and are seized by their supervisor without obtaining property are sentenced one degree above treasury theft without gain: seventy-seven strokes of the staff. Worn-note inspectors at the note-burning treasury who steal worn notes from the treasury to distribute them receive tattoo and banishment. Theft of government bureau property, even under one guan, still receives an increased penalty: seventy-seven strokes of the staff and tattooing. Craftsmen who, after materials were issued from the storehouse, keep surplus beyond quota and steal them from the bureau are sentenced but exempt from tattoo. Those who steal official grain inside the granary but are discovered before leaving it are sentenced as if no property was obtained and are exempt from tattoo. Theft of official seals and tallies is punished one degree above ordinary theft, with sentence according to the value of the loot. Those who steal government documents and sell them as scrap paper receive seventy-seven strokes of the staff, the same as petty theft, and are tattooed; the buyer of the documents receives forty-seven strokes of the bamboo.

諸圖財謀故殺人多者，淩遲處死，仍驗各賊所殺人數，於家屬均征燒埋銀。諸圖財陷溺人於死，幸獲生免者，罪與已死同。諸圖財殺死他人奴婢，即以圖財殺人論。諸奴盜主財而逃，送其逃者，輒殺其奴而取其財，即以強盜殺人論。

Those who plot for wealth and deliberately murder many people suffer dismemberment; the number each killer slew is verified and burial compensation is levied evenly from their families. Those who plot for wealth and trap someone in mortal peril receive the same penalty as if the victim had died, even if he survives. Those who plot for wealth and kill another's slave or maid are sentenced for plotting wealth and murder. When a slave steals the master's property and flees, and the pursuer kills the slave and takes the property, the pursuer is sentenced for robbery and murder.

諸發冢，已開冢者同竊盜，開棺槨者同強盜，毀屍骸者同傷人，仍於犯人家屬征燒埋銀。諸挾仇發冢，盜棄其屍者，處死。諸發冢得財不傷屍，杖一百七，刺配。諸盜發諸王駙馬墳寢者，不分首從，皆處死。看守禁地人，杖一百七，三分家產，一分沒官，同看守人杖六十七。

Grave robbers who open the mound are treated as petty thieves; those who open the coffin as robbers; those who destroy the corpse as assailants; burial compensation is still levied from the offender's family. Those who open graves out of enmity and discard the corpse are executed. Grave robbers who obtain property without harming the corpse receive one hundred seven strokes of the staff, tattoo, and penal assignment. Those who rob the tombs of princes and imperial sons-in-law are all executed, regardless of ringleader or follower. The keeper of the forbidden ground receives one hundred seven strokes of the staff; one-third of his household property is confiscated, with one part going to the state; fellow keepers receive sixty-seven strokes.

諸事主殺死盜者，不坐。諸寅夜潛入人家，被毆傷而死者，勿論。

Victims who kill a thief are not guilty. Those who enter a house secretly at night and are beaten and killed are not prosecuted.

諸於迥野盜伐人材木者，免刺，計贓科斷。諸被脅眾上盜，至盜所，復逃去，不以為從論。諸竊盜贓不滿貫，斷罪，免刺。諸子為盜，父殺之，不坐。諸為盜，初經刺斷，再犯奸私，止以奸為坐，不以為盜再犯論。諸奴婢數為盜，應識過於門者，其主不知情，不得輒書於其主之門。諸被誘脅上盜，不曾分贓，而容隱不首者，杖六十七，免刺。諸先盜親屬財，免刺，再盜他人財，止作初犯論。諸先犯誘奸婦人在逃，後犯竊盜，二事俱發，以誘奸為重，杖從奸，刺從盜。諸瘖啞為盜，不論瘖啞。諸詐稱搜稅，攔頭剽奪行李財物者，以盜論，刺斷，充警跡人。諸盜米糧，非因饑饉者，仍刺斷。諸盜塔廟神像服飾，無人看守者，斷罪，免刺。諸事主及盜私相休和者，同罪；所盜錢物頭匹、倍贓等，沒官。諸竊盜應徒，若有祖父母、父母年老，無兼丁侍養者，刺斷免徒；再犯而親尚存者，候親終日，發遣居役。諸女直人為盜，刺斷同漢人。諸年饑民窮，見物而盜，計贓斷罪，免刺配及征倍贓。諸竊盜，一歲之中頻犯者，從一重，論刺斷。諸為盜為所得贓與人博不勝，失所得贓，事覺追正贓，仍坐博者罪。諸父以子同盜，子年未出幼，不曾分贓，免罪。諸年饑，迫其子若婿同持仗行劫，子若婿減死一等，坐免刺，充警跡人。諸父為人誘為盜，疾不能往，命其子從之，而分其贓者，父減為從一等，免刺，子以為從論。諸兄逼未成丁弟同上盜，減為從一等論，仍罰贖。諸兄弟同盜，罪皆至死，父母老而乏養者，內以一人情罪可逭者，免死養親。諸兄弟同盜，皆刺。諸父子兄弟頻同上盜，從凡盜首從論。諸父子兄弟同為強盜者，皆處死。諸夫謀為強盜，妻不諫，反從之盜者，減為從一等論罪。

Those who in remote wilds steal and cut another's timber are exempt from tattoo and sentenced according to the value of the loot. Those coerced in a crowd to join a robbery who reach the scene but then flee are not treated as accomplices. Petty thieves whose loot is under one guan are sentenced but exempt from tattoo. When a son is a thief and the father kills him, the father is not guilty. Thieves once tattooed and released who later commit adultery are punished only for adultery, not as repeat thieves. Slaves and maids who repeatedly steal should have their offense marked at the door; if the master did not know, the mark must not be placed on the master's door. Those enticed and coerced to join a robbery who receive no share of the loot but harbor the matter without reporting receive sixty-seven strokes of the staff and are exempt from tattoo. Those who first steal a relative's property are exempt from tattoo; if they later steal another's property, it is counted only as a first offense. Those who first seduced a married woman and fled, then later committed petty theft, are punished for both offenses together: adultery governs the staff beating, theft governs the tattoo. Mute and deaf thieves are punished without regard to disability. Those who feign a tax search to waylay travelers and plunder their goods are sentenced as thieves, tattooed and banished, and made police trackers. Theft of grain not driven by famine still carries tattoo and banishment. Theft of unguarded temple image vestments brings conviction but no tattoo. Victims and thieves who privately settle are both guilty; Stolen money, goods, livestock, and double restitution are confiscated to the state. Petty thieves due for penal servitude who must support elderly grandparents or parents with no other son receive tattoo and banishment but are exempt from servitude. Reoffenders wait until the dependent relative dies before serving their term. Jurchen thieves receive the same tattoo and banishment as Han Chinese. Poor civilians who steal in famine years are sentenced by value but exempt from tattoo, assignment, and double restitution. Petty thieves who repeatedly offend within one year are sentenced on the heavier count with tattoo and banishment. Thieves who gamble away stolen goods must still make restitution when discovered, and the gambler remains guilty. When a father and minor son steal together and the son never shared loot, the son is exempt. Sons or sons-in-law forced into famine-year armed robbery receive death reduced one degree, no tattoo, and assignment as police trackers. Fathers too ill to steal who send sons to share loot are reduced one degree and exempt from tattoo; sons are accomplices. Elder brothers who force underage younger brothers to steal receive one degree less as accomplices and pay a fine in lieu. Brothers who steal together and all face death may spare one member to support elderly parents. Brothers who steal together are all tattooed. Fathers, sons, and brothers who repeatedly steal together follow ordinary ringleader-and-accomplice rules. Fathers, sons, and brothers who commit robbery together are all executed. Wives who join a husband's robbery instead of dissuading him are reduced one degree as accomplices.

諸親屬相盜，謂本服緦麻以上親，及大功以上共為婚姻之家，犯盜止坐其罪，並不在刺字、倍贓、再犯之限。其別居尊長於卑幼家竊盜，若強盜及卑幼於尊長家行竊盜者，緦麻小功減凡人一等，大功減二等，期親減三等，強盜者準凡盜論，殺傷者各依故殺傷法。若同居卑幼將人盜己家財物者，五十貫以下，笞二十七，每五十貫加一等，罪止五十七，他人依常盜減一等。諸姑表侄盜姑夫財，同親屬相盜論。諸女在室，喪其父，不能自存，有祖父母而不之恤，因盜祖父母錢者，不坐。諸弟為首強劫從兄財，即以強盜論。諸嘗過房他人子孫以為子孫，輒盜所過房之家財物者，即以親屬相盜論。

Theft among close natal and affinal kin is punished only for the offense itself, without tattoo, double restitution, or repeat-offense rules. Inter-household theft among kin is reduced one to three degrees by mourning grade; robbery follows ordinary theft; killing or injury follows homicide and assault statutes. Co-resident juniors who bring outsiders to steal from their household receive twenty-seven strokes for fifty strings or less, increasing up to fifty-seven; outsiders are reduced one degree. Paternal aunt's nephews who steal from the uncle are judged as theft among relatives. Orphaned daughters neglected by grandparents who steal from them are not guilty. Younger brothers who forcibly rob elder male cousins are sentenced as robbers. Those who adopt descendants and then steal from the adopting household are judged as theft among relatives.

諸奴盜主財，應流遠，而主求免者聽。諸奴盜主財，斷罪，免刺。諸盜雇主財者，免刺，不追倍贓。盜先雇主財者，同常盜論。諸佃客盜地主財，同常盜論。諸同主奴相盜，斷罪，免刺配，不追倍贓。諸盜同受雇人財，不以同居論。諸賃屋與房主同居，而盜房主財者，與常盜論。諸盜同本財者，笞五十七，不以真盜計贓論。

Slaves due for exile for stealing from masters may be exempted at the master's request. Slaves who steal from masters are sentenced but exempt from tattoo. Theft from a current employer is exempt from tattoo and double restitution. Theft from a former employer is ordinary theft. Tenant farmers who steal from landlords are ordinary thieves. Slaves of the same master who steal from one another are sentenced but exempt from tattoo, assignment, and double restitution. Theft from fellow employees is not co-residence theft. Tenants who co-reside with landlords but steal from them are ordinary thieves. Theft of shared capital brings fifty-seven strokes and is not valued as true theft.

諸巡捕軍兵因自為盜者，比常盜加一等論罪；若自相覺察，告捕到官，或曾共為盜，首獲同伴者，免罪給賞。諸軍人為盜，刺斷，免充警跡人，仍追賞錢給告者。諸守庫藏軍人，輒為首誘引外人偷盜官物，但經二次三次入庫為盜，又提鈴把門軍人，受贓縱賊者，皆處死。為從者杖一百七，刺字流遠。諸見役軍人在逃，因為竊盜得財，杖一百七，仍刺字，杖從逃軍，刺從盜。諸軍人在路奪人財物，又迫逐人致死非命者，為首杖一百七，為從七十七，征燒埋銀給苦主。

Patrol soldiers who steal are sentenced one degree above ordinary theft; If they expose one another, deliver offenders, or first capture a former accomplice, they are exempt and rewarded. Soldiers who steal are tattooed and banished, exempt from police-tracker duty, with reward still paid to informants. Treasury guards who lead repeated thefts and gate guards who take bribes to release thieves are all executed. Accomplices receive one hundred seven strokes, tattoo, and distant exile. Active deserters who steal receive one hundred seven strokes and tattoo under the deserter and theft statutes respectively. Soldiers who seize property on the road and cause death in pursuit receive one hundred seven or seventy-seven strokes, with burial compensation for the family.

諸婦人為盜，斷罪，免刺配及充警跡人，免征倍贓，再犯並坐其夫。諸婦人寡居與人奸，盜舅姑財與奸夫，令娶己為妻者，奸非奸所捕獲，止以同居卑幼盜尊長財為坐，笞五十七，歸宗，奸夫杖六十七。

Women who steal are sentenced but exempt from tattoo, assignment, police-tracker duty, and double restitution; on reoffense the husband is punished too. Widows who steal from in-laws for lovers and marry them—if adultery was not caught—are punished as juniors stealing from seniors: fifty-seven strokes and return to clan; lovers receive sixty-seven strokes.

諸偽僧竊取佛像腹中裝者，以盜論。諸僧道為盜，同常盜，刺斷，征倍贓，還俗充警跡人。諸僧道盜其親師祖、師父及同師兄弟財者，免刺，不追倍贓，斷罪還俗。

False monks who steal from inside Buddha statues are sentenced as thieves. Monks and Daoists who steal are punished like ordinary thieves, with tattoo, banishment, double restitution, laicization, and police-tracker assignment. Monks and Daoists who steal from teachers or fellow disciples are exempt from tattoo and double restitution but are sentenced and laicized.

諸幼小為盜，事發長大，以幼小論。未老疾為盜，事發老疾，以老疾論。其所當罪，聽贖，仍免刺配，諸犯罪亦如之。諸年未出幼，再犯竊盜者，仍免刺贖罪，發充警跡人。諸竊盜年幼者為首，年長者為從，為首仍聽贖免刺配，為從依常律。諸掏摸人身上錢物者，初犯、再犯、三犯，刺斷徒流，並同竊盜法，仍以赦後為坐。諸以七十二局欺誘良家子弟、富商大賈，博塞錢物者，以竊盜論，計贓斷配。諸夜發同舟橐中裝，取其財者，與竊盜真犯同論。

Those who stole as minors but are discovered after reaching adulthood are judged as minors. Those who stole while still hale but are discovered after becoming elderly or infirm are judged accordingly. They may ransom the penalty and are exempt from tattoo and penal assignment; the same rule applies to other crimes. Minors who reoffend in petty theft may still ransom the offense without tattoo and are assigned as police trackers. When the younger thief is ringleader and the older accomplice, the ringleader may ransom and avoid tattoo and assignment; the accomplice follows ordinary rules. Pickpockets receive tattoo, banishment, servitude, or exile under the petty-theft rules for first through third offenses, counted from after any amnesty. Those who use rigged gambling schemes to swindle respectable youths and wealthy merchants are sentenced as petty thieves with exile by value. Those who at night open fellow passengers' luggage on the same boat and steal property are punished as convicted petty thieves.

諸略賣良人為奴婢者，略賣一人，杖一百七，流遠；二人以上，處死；為妻妾子孫者，一百七，徒三年；因而殺傷人者，同強盜法。若略而未賣者，減一等，和誘者又各減一等，及和同相賣為奴婢者，各一百七。略誘奴婢，貨賣為奴婢者，各減誘略良人罪一等；為妻妾子孫者，七十七，徒一年半；知情娶買及藏匿受錢者，各遞減犯人罪一等。假以過房乞養為名，因而貨賣為奴婢者，九十七，引領牙保知情，減二等，價沒官，人給親。如無元買契券，有司輒給公據者，及承告不即追捕者，並笞四十七。關津主司知而受財縱放者，減犯人罪三等，除名不敘，失檢察者笞二十七。如能告獲者，略人每人給賞三十貫，和誘每人二十貫，以至元鈔為則，於犯人名下追征，無財者征及知情安主，牙保應捕人減半。其事未發而自首者，若同黨能悔過自首，擒獲其徒黨者，並原其罪，仍給賞之半。再犯及因略傷人者，不在首原之例。諸婦人誘賣良人，罪應徒者，免徒。諸職官誘略良人為奴，革後不首，仍除名不敘，所誘略人給親。

Abducting and selling one free person as a slave brings one hundred seven strokes and exile; for two or more victims: execution. Making them wives, concubines, or descendants brings one hundred seven strokes and three years of penal servitude. If anyone is killed or injured, the offense is treated as robbery. Abduction without sale reduces the penalty one degree; coaxing one degree further; mutual sale into slavery brings one hundred seven strokes each. Abducting or coaxing slaves for sale brings penalties one degree lighter than for free persons. Making abducted slaves wives, concubines, or descendants brings seventy-seven strokes and one and a half years of penal servitude. Knowing buyers, marryers, or harborers each receive one degree less than the offender in sequence. Selling persons as slaves under false adoption pretenses brings ninety-seven strokes; knowing brokers are reduced two degrees; the price is confiscated and the victim returned to kin. Officials who issue certificates without purchase contracts or fail to pursue immediately upon report all receive forty-seven strokes of the bamboo. Checkpoint officials who take bribes to release offenders are punished three degrees below the offender and permanently dismissed; failed inspection brings twenty-seven strokes. Informants receive thirty strings per abducted person and twenty per coaxed person in Zhiyuan notes, collected from the offender or knowing harborers; brokers and catchers receive half. Voluntary surrender before discovery, or accomplices who repent and capture co-conspirators, are pardoned and still receive half the reward. Repeat offenders and those who injure during abduction are not eligible for surrender pardon. Women who abduct and sell free persons are exempt from penal servitude when it would otherwise apply. Officials who abduct free persons as slaves and fail to surrender after dismissal are permanently struck from the rolls; victims are returned to kin.

諸兄盜牛，脅其弟同宰殺者，弟不坐。諸白晝剽奪驛馬，為首者處死，為從減一等流遠。諸盜親屬馬牛，事未覺自首，願償價，不從，既送官，仍以自首論免刺。諸強盜行劫，為主所逐，分散奔走，為首者殺傷鄰人，為從者不知，不以殺傷事主不分首從論，為首者處死，為從者杖一百七，刺配。諸竊盜棄財拒捕，毆傷事主者，杖一百七，免刺。諸為盜先竊後強，會赦，其下手殺傷事主者，不赦，余仍刺而釋之。諸盜賊分贓不均，從賊欲首，為首賊所殺者，仍以謀故殺人論。諸盜賊聞赦，故殺捕盜之人者，不赦。

When an elder brother steals an ox and coerces a younger brother to help slaughter it, the younger brother is not guilty. Seizing relay horses in broad daylight brings execution for the ringleader and one degree less plus exile for accomplices. Relatives who steal horses or cattle and surrender with refused compensation before trial are still treated as voluntary surrender and exempt from tattoo. Fleeing robbers whose ringleader kills a bystander unknown to accomplices are not judged by the owner-injury rule without distinction: the ringleader is executed; accomplices receive one hundred seven strokes, tattoo, and assignment. Petty thieves who abandon loot, resist arrest, and beat the victim receive one hundred seven strokes but are exempt from tattoo. Thieves who escalate to robbery under amnesty: subordinates who kill or injure the owner are not pardoned; others are tattooed and released. Bandits who kill an accomplice who wished to confess over unequal loot division are still sentenced for intentional homicide. Bandits who kill thief-catchers upon hearing of an amnesty are not pardoned.

諸藏匿強竊盜賊，有主謀糾合，指引上盜，分受贓物者，身雖不行，合以為首論。若未行盜，及行盜之後，知情藏匿之家，各減強竊從賊一等科斷，免刺，其已經斷，怙終不改者，與從賊同。諸謀欲圖人所質之田，輒遣人強劫贖田之價者，主謀、下手一體刺斷，其卑幼為尊長驅役者免刺。

Harborers when a mastermind organizes, directs, and shares loot are sentenced as ringleaders even if not present. Knowing harborers before or after robbery receive one degree less than accomplices and are exempt from tattoo; persistent harborers after sentencing are treated as accomplices. Those who scheme to seize pledged land and extort redemption payments are tattooed and banished alike; juniors compelled by seniors are exempt from tattoo.

諸盜賊應徵正贓及燒埋銀，貧無以備，令其折庸。凡折庸，視各處庸價而會之。庸滿發元籍，充警跡人。婦人日準男子工價三分之二，官錢役於旁近之處，私錢役於事主之家。諸盜賊得財，用於酒肆倡優之家，不知情，止於本盜追征。其所盜即官錢，雖不知情，於所用之家追征。若用買貨物，還其貨物，征元贓。諸奴婢盜人牛馬，既斷罪，其贓無可征者，以其人給物主，其主願贖者聽。諸盜官錢，追征未盡，到官禁系既久，實無可折償者，除之。諸系官人口盜人牛馬，免征倍贓。諸盜賊正贓已征給主，倍贓無可追理者，免征。諸盜賊正贓，或曲質於人，典主不知情，而歸其贓，仍征還元價。諸遐荒盜賊，盜駝馬牛驢羊，倍贓無可征者，就發配役出軍。

Thieves too poor to pay restitution and burial compensation must work off the debt. Labor in lieu of payment is reckoned by local wage rates. When labor ends, offenders return to their register and are assigned as police trackers. Women's daily wage is two-thirds of men's; public debts are worked nearby, private debts at the victim's home. Stolen goods spent at taverns or brothels without the proprietors' knowledge are recovered only from the thief. If stolen government money was spent, recovery is pursued from the household even without knowledge. If stolen money bought goods, the goods are returned and the original value collected. Slaves who steal cattle or horses, if restitution cannot be made, are given to the owner; the master may redeem them. When stolen official money cannot be recovered and the long-imprisoned offender has nothing left, the remainder is remitted. Government-bound persons who steal cattle or horses are exempt from double restitution. When original restitution was paid but double restitution cannot be recovered, the double portion is waived. If stolen goods were pawned without the pawnbroker's knowledge and returned, the original price is still collected. Frontier thieves who steal livestock and cannot pay double restitution are sent to penal service or the army.

諸盜先犯後發，與後犯先發罪同者，勿論。諸先犯強盜刺斷，再犯竊盜，止依再犯竊盜刺配。諸出軍賊徒在逃，初犯杖六十七，再犯加二等，罪止一百七，仍發元流所出軍。

When discovery order would not change the penalty, no distinction is made. Those first tattooed for robbery who later commit petty theft are sentenced only for repeat petty theft with tattoo and assignment. Military exiles who are bandits at large receive sixty-seven strokes on the first offense and two degrees more on repeat, up to one hundred seven strokes, and are still sent to military service at their original exile post.

諸強竊盜充警跡人者，五年不犯，除其籍。其能告發，及捕獲強盜一名，減二年，二名比五年，竊盜一名減一半，應除籍之外，所獲多者，依常人獲盜理賞，不及數者，給憑通理。籍既除，再犯，終身拘籍之。凡警跡人緝捕之外，有司毋差遣出入，妨其理生。諸警跡人，有不告知鄰佑輒離家經宿，及遊惰不事生產作業者，有司究之，鄰佑有失覺察者，亦罪之。諸警跡人受命捕盜，既獲其盜，卻挾恨殺其盜而取其財，不以平人殺有罪賊人論。諸色目人犯盜，免刺科斷，發本管官司設法拘檢，限內改過者，除其籍。無本管官司發付者，從有司收充警跡人。

Robbers and thieves assigned as police trackers are removed from the register after five years without offense. Reporting or capturing one robber reduces the term by two years; two robbers count as five years; one petty thief as half; beyond registry removal, extra captures earn ordinary rewards, or credentials if the quota is not met. After registry removal, a new offense leads to lifetime registration. Beyond pursuit duties, officials must not send police trackers on errands that disrupt their livelihood. Police trackers who stay out overnight without telling neighbors, or who are idle and unproductive, are investigated; neighbors who fail to notice are punished too. Police trackers who kill a captured thief out of spite and take his property are not treated as civilians killing guilty thieves. Semuren thieves are exempt from tattooing and ordinary sentencing and are detained by their supervising office; reform within the limit removes them from the register. If no supervising office exists, the authorities assign them as police trackers.

諸為盜經刺，自除其字，再犯非理者，補刺。五年不再犯，已除籍者，不補刺，年未滿者仍補刺。諸盜賊赦前擅去所刺字，不再犯，赦後不補刺。諸應刺左右臂，而臂有雕青者，隨上下空歇之處刺之。諸犯竊盜已經刺臂，卻遍文其身，覆蓋元刺，再犯竊盜，於手背刺之。諸累犯竊盜，左右項臂刺遍，而再犯者，於項上空處刺之。

Tattooed thieves who erase their marks and reoffend unreasonably are tattooed again. After five years without offense with registry already removed, no re-tattooing; if five years are incomplete, re-tattooing still applies. Thieves who remove tattoos before an amnesty without reoffending are not re-tattooed after the amnesty. Those due for arm tattoos who already have decorative blue tattoos are marked in vacant spaces above or below. Petty thieves who cover an arm tattoo with full-body designs are tattooed on the hand on repeat offense. Repeat petty thieves already tattooed on arms and neck receive the next mark on a vacant spot on the neck.

諸子盜父首、弟盜兄首、婿盜翁首，並同自首者免罪。諸奴盜主首者，斷罪免刺，不征倍贓，仍付其主為奴。諸脅從上盜，而不受贓者，止以不首之罪罪之，杖六十七，不刺。諸為盜悔過，以所盜贓還主者免罪。諸為盜得財者，聞有涉疑根捕，卻以贓還主者，減二等論罪，免徒刺及倍贓。諸竊盜因事主盤詰，而自首服，其贓未還主者，計贓減二等論罪，刺字。諸盜贓，為首者自首，免罪，為從不首仍全科。諸無服之親，相首為盜，止科其罪，免刺配倍贓。諸竊盜悔過，以贓還主不盡，其餘贓猶及刺罪者，仍刺之。

Sons, younger brothers, or sons-in-law who steal and surrender a father's, elder brother's, or father-in-law's head are exempt as if they had surrendered voluntarily. Slaves who steal and surrender their master's head are sentenced without tattoo or double restitution and remain their master's slaves. Those coerced into robbery without receiving loot are punished only for failing to report, with sixty-seven strokes and no tattoo. Thieves who repent and return stolen goods to the owner are exempt from guilt. Thieves who return loot upon hearing of pursuit have the penalty reduced two degrees and are exempt from servitude, tattoo, and double restitution. Petty thieves who confess when the victim questions them before loot is returned are sentenced two degrees lower by value and tattooed. When the ringleader surrenders, he is exempt; accomplices who do not surrender receive the full penalty. Distant kin who report one another for theft are punished for the offense only, without tattoo, assignment, or double restitution. Petty thieves who repent but return loot incompletely are still tattooed if the remainder warrants it.

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