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卷一百〇五 志第五十三: 刑法四

Volume 105 Treatises 58: Punishment and Law 4

Chapter 105 of 元史 · History of Yuan
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Chapter 105
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1
Criminal Law IV — Fraud and Forgery
2
便
All who mastermind the forgery of imperial seals and treasures, and all who accept payment to cast them, shall be put to death. Those who knowingly recruit artisans on their behalf, and those hired to carve the inscriptions, shall receive 107 blows with the rod. Forging imperial decrees is punished the same as forging seals and treasures. All who arbitrarily add to or subtract from imperial edicts shall be put to death. All palace attendants who falsely transmit the sovereign's intent shall receive 107 blows with the rod and be struck from the rolls without reinstatement. All who forge provincial or metropolitan office seals and documents, if the offense involves imperial decrees, shall be put to death. If they forge provincial or metropolitan office memoranda, they shall receive 107 blows with the rod; on a second offense, they shall be exiled to distant regions. Those who know but fail to report shall receive 87 blows with the rod. If the text is so garbled that it cannot be used, the penalty is 97 blows with the rod. If they forge prefectural or county seals and documents, summon commoners, and extort property: on a first offense, 77 blows with the rod; if they repeatedly offend without reform, 107 blows with the rod. All who forge Pacification Commission seals and contract documents, or who at commercial tax offices use green permits to defraud merchants, shall receive 107 blows with the rod. All who forged provincial seals before an amnesty and failed to destroy them afterward shall receive 77 blows with the rod; officials shall forfeit their appointment edicts and be struck from the rolls without reinstatement. All clerks who forge provincial officials' signature marks, steal the provincial seal, and sell official appointments shall, even if an amnesty applies, be exiled to distant regions. All who forge miscellaneous tax seals, privately brew dyes, and counterfeit taxed goods shall receive 87 blows with the rod. Accusers whose reports are verified shall receive 100 strings of Zhongtong paper money as reward. If the owner knew, the offender's crime is reduced by one grade; half the concealed goods are confiscated to the state, and half of what is confiscated is given to the accuser as reward; If they did not know, they are not punished, and the goods are returned to the original owner. If the captor arbitrarily releases the offender, the offender's crime is reduced by two grades; if the captor accepted a bribe, he is punished the same as the offender. All provincial and ministry petty clerks who, because dispatch documents and inspection bundles were accidentally destroyed, carve seals themselves and forge signatures to cover their original offense, with no other corruption, shall receive 77 blows with the rod and be sent back to their original household registration. All monks and Daoists who forge princely seals and transcriptions of commands shall be put to death. All who apprehend persons forging seals shall receive the same reward as for capturing robbers. All who report the capture of privately made calendars shall receive a reward of 100 taels of silver. If there is no Astronomical Bureau calendar seal, it is treated the same as a privately made calendar and prosecuted as a violation of regulations. All who accept payment to sell another's appointment edict, and all who purchase and resell such edicts, shall receive 107 blows with the rod, be tattooed on the face, and be sent back to their original registration; buyers shall receive 87 blows with the rod and be sent back to their original registration. All officials on assignment who, citing illness, have another person substitute on post relay travel shall receive 67 blows with the rod; the substitute shall receive 57 blows with the rod. All persons on official business who on government boats bring unauthorized attendants and falsely draw per diem shall receive 17 blows with the rod, have the offense noted on their record, and the per diem drawn shall be recovered for the state.
3
使 使
All who falsely claim to be envoys, forge documents authorizing post relay, and requisition horses or boats shall receive 107 blows with the rod. If officials fail to detect this and issue relay supplies based on documents without seals, the signing judge shall receive 37 blows with the rod and the chief clerks 47 blows with the rod. All officials who falsely transmit a superior's words and arbitrarily requisition relay horses shall receive 67 blows with the rod. Totoq who follows along and arbitrarily issues relay horses shall receive 57 blows with the rod, be dismissed and reassigned elsewhere, and have the offense noted on his record; the relay officer shall receive 27 blows with the rod and be restored to office. All who falsely claim to be touring inspection officials and intimidate officials shall receive 67 blows with the rod. All who falsely claim to have been dispatched by a supervising superior and fraudulently obtain money or goods shall receive 87 blows with the rod, and the money and goods shall be confiscated to the state. All who falsely claim to be officials delegated by an imperial envoy and hear civil lawsuits shall receive 97 blows with the rod. Those who falsely claim to be accompanying clerks shall receive 57 blows with the rod.
4
使 使 使 使 使 使
All who forge treasure notes — ringleaders who conceived the plan, and all who carve blocks, copy paper, purchase pigments, write and fill serial numbers, or harbor and print them — all who knowingly participate shall be put to death, and their household property shall be confiscated. Neighbors on both sides who know but fail to report shall receive 77 blows with the rod. Ward heads, neighborhood chiefs, and community elders who fail to detect the offense, and patrol soldiers, shall each receive 47 blows with the rod. Robber-capture officials and garrison patrol officers shall each receive 37 blows with the rod; if the criminals are not captured, they shall pursue them under the time limits set for robbers. Those who purchase and use counterfeit notes: on a first offense, 107 blows with the rod; on a second offense, one year of penal servitude is added; on a third offense, they shall be sentenced to exile to distant regions. All who capture counterfeit notes shall receive a reward of five ingots of silver; the reward is paid in silver, not in notes. All fathers and sons who jointly manufacture counterfeit notes shall all be put to death. If the father manufactures counterfeit notes and the son merely follows and serves him, the son is not punished together with the father; if the son manufactures counterfeit notes and the father did not jointly make them, the father is not punished together with the son. If the husband forges treasure notes, the wife is not punished. All who forge treasure notes with incomplete printing blocks shall receive 107 blows with the rod. All who forge treasure notes shall have their household property confiscated, but the confiscation does not extend to their wives and children. All who hoarded counterfeit notes before an amnesty and circulate them afterward shall receive 107 blows with the rod. If they did not circulate them and fail to confess, the penalty is reduced by one grade. All whose counterfeiting offense warrants death shall not be permitted to petition for commutation, even if elderly parents lack another son to support them. All who capture persons forging treasure notes, even if the captor has already died, the reward due shall still be paid to his relatives. If slaves or servants purchase and use counterfeit notes and the master confesses on their behalf, he is not eligible for reward. All who pick out, scrape, and patch together treasure notes, without distinguishing ringleader from follower, shall receive 107 blows with the rod and one year of penal servitude; on a second offense, they shall be exiled to distant regions. Those aged seventy or above shall have the case reported for a ruling; redemption shall not be granted without authorization. Purchasers and users are punished one grade lighter. All who smelt and manufacture counterfeit silver shall be sentenced to penal servitude. All who manufacture and sell counterfeit silver: if the buyer did not know, the purchase price is returned to the seller, the counterfeit silver is melted down, any genuine silver extracted is confiscated to the state, and the offenders are punished according to the original offense. All who forge grain tally slips for disbursement from granaries shall receive 57 blows with the rod; if official grain has already been disbursed, they shall be punished according to the law on theft of government money and goods. Granary officials who commit the offense shall be punished according to the law on supervisors who steal for themselves; if the stolen value warrants a heavier penalty, the heavier penalty applies. All who falsely draw official funds shall, calculating the stolen value under the law on perversion of law, be struck from the rolls without reinstatement.
5
祿 婿
All who enter office under a false name shall receive 67 blows with the rod, forfeit their appointment, have their salary recovered, and be sent back to their original registration; if an amnesty applies and they fail to confess, they shall receive 47 blows with the rod and still forfeit the appointment. All slaves who, on their master's orders, impersonate officials shall receive 97 blows with the rod. Their master and colleagues who knowingly conceal the offense shall receive 87 blows with the rod. All sons who usurp their father's office and perform its duties shall receive 77 blows with the rod; if the offense occurred before a reform and they fail to confess afterward, they shall receive 47 blows with the rod, and their appointment edicts and drawn salary shall be recovered for the state. All frontier officials who have sons-in-law falsely claim to recruit tribal peoples and guarantee them as native officials shall be struck from the rolls without reinstatement and have their conferred offices seized. All military officers inheriting posts who falsely inflate their age shall be investigated by censorial and surveillance commissioners; officials who recklessly vouch for them shall be punished together. All officials who falsely report their origin and career history shall be struck from the rolls without reinstatement. All translators and clerks with offenses on their record shall not be reinstated. Those who falsely claim a vacancy and are appointed elsewhere shall receive 57 blows with the rod, be dismissed from service, and not be reinstated.
6
使
All who, when submitting official goods, rashly alter the red tally shall receive 67 blows with the rod and be dismissed. All department heads who rashly use recovered stolen goods for expenses yet falsely create documents showing they were returned to the owners shall, even if an amnesty applies, be dismissed and reinstated two grades below their former rank. The handling clerk shall be struck from the rolls without reinstatement. All who in commandery headquarters merit reports falsely add names of meritorious soldiers: ringleaders shall receive 87 blows with the rod and be struck from the rolls without reinstatement; followers who wrote the documents shall receive 57 blows with the rod. All who enter office through falsely claimed military merit shall be dismissed and forfeit their appointment. All who without authorization alter names on submitted official selection lists shall, even if an amnesty applies, be struck from the rolls and sent back to their original registration. All department clerks who rashly alter dates on official documents to evade culpability shall receive 57 blows with the rod, be dismissed from service and reassigned elsewhere, and have the offense noted on their record. All violent and overbearing persons who rashly forge additions to household registers for others shall receive 87 blows with the rod, and red clay shall be smeared on the wall to mark the offense at their gate. All Mongol translators who identify two or more cases of fraudulent documents shall be promoted one grade sooner.
7
Litigation
8
輿 輿
All who accuse others of crimes must clearly state the year and month, specify actual facts, and must not speak in terms of mere suspicion. False accusers shall bear the crime through reverse punishment; those who appeal beyond proper jurisdiction shall receive 57 blows with the rod. If the original jurisdiction is at fault, if there is wrongful suppression, if repeated petitions go unanswered, if judgment is partial and unjust, or if recusal is required, petitioners are permitted to appeal to a superior authority. In all litigation, raising matters beyond the dispute at issue is forbidden. Once the matter in dispute is concluded, separate suits are permitted. All military and civilian censorial officials who commit crimes shall each appeal through their respective superiors. For all minor civilian offenses, those who go to officials to confess voluntarily are permitted to do so. All who report serious matters truthfully but minor matters falsely shall be exempt from punishment; if minor matters are true but serious matters are false, reverse punishment applies. All central and local officials who search households, copy private writings, and rashly initiate lawsuits are forbidden to do so. If the original case requires citation and verification, officials are still permitted to pursue and examine the documents. Those who fabricate and connect matters, using documents to implicate others, shall be carefully distinguished and judged. Apart from the original case, no other matters shall be heard. All who instruct others to accuse relatives within the mourning circle or closer, and slaves or servants who accuse their masters, shall each have the accuser's crime reduced by one grade. If someone instructs another to accuse his descendants, the instructed accuser's crime is reduced by two grades. If an instructed accusation proves false and warrants reverse punishment, or if it proves true and warrants reward, in all cases the accuser is treated as principal and the instructor as follower. All elderly, disabled, or seriously ill persons who must litigate may only have co-residing relatives who thoroughly know the facts act in their place. If the case involves treason or great rebellion, unfilial descendants, or co-residents being invaded and insulted, personal appearance is permitted when necessary. All retired officials entitled to replacement rank who unavoidably sue commoners are permitted to have relatives or household members sue on their behalf; officials must not harass or interfere with them. All women who rashly substitute for men in filing and arguing lawsuits are forbidden to do so. If a woman is truly widowed, or though she has sons is obstructed by other causes and must litigate, she is not subject to the prohibition. All sons who testify against their fathers, slaves who accuse their masters, and wives, concubines, younger brothers, and nephews who fail to conceal offenses for one another — all conduct that offends propriety, violates righteousness, and stains public morals — is forbidden. All relatives who accuse one another shall be treated the same as voluntary confession. All wives who expose their husbands' wrongs shall be treated the same as voluntary confession and originally exempted from punishment. For ordinary husbands who commit crimes short of grave treason, wives may conceal the offense; but those who rashly accuse and expose their husbands shall receive 47 blows with the rod. All wives who once fled from their husbands, were judged, and again falsely accuse their husbands of grave crimes shall bear the crime through reverse punishment and be sold in remarriage at their husbands' direction. All officials who accuse their colleagues shall be dismissed, reassigned elsewhere, and have the offense noted on their record. All who accuse others of crimes must proceed from lower to higher authority and must not appeal beyond proper jurisdiction. All prefectures, districts, departments, and counties that should accept cases but fail to do so, or that though accepting cases render partial and unjust judgments, or delay without decision, shall be punished according to the severity of the offense. All who sue officials for taking bribes and acting unlawfully and go directly to the censorial office shall not be treated as having appealed beyond jurisdiction. All who present petitions with merit, if circuit, prefecture, district, and county authorities do not act, may appeal to the ministries, departments, censorates, and courts; if those bodies do not act, they may appeal through the imperial carriage. Those who without first appealing to the ministries, departments, censorates, and courts rashly appeal through the imperial carriage shall be punished. All officials who falsely accuse others of perverting the law and taking bribes shall be punished with that crime and struck from the rolls without reinstatement. All slaves or servants who falsely accuse their masters shall be put to death; if the master seeks exemption, the penalty may be reduced by one grade. If a slave reports his master's private matters, the master shall be treated the same as having made a voluntary confession; the slave shall receive 77 blows with the rod.
9
Affray
10
使
In all affray, striking a person with hands or feet and causing injury shall receive 27 blows with the rod; with other objects, 37 blows with the rod. If the injury includes pulling out hair over one inch square, the penalty is 47 blows with the rod. If blood flows from the ears or eyes, or internal injury causes vomiting of blood, the penalty is increased by one grade. Breaking teeth, mutilating the nose or ears, blinding one eye, breaking a hand, foot, or fingers, breaking bones, or scalding or burning a person shall receive 67 blows with the rod. Breaking two teeth or two fingers or more, shaving the head, blade wounds, breaking someone's ribs, blinding both eyes, or causing miscarriage — the penalty is 77 blows with the rod. Defiling a person's head or face with filth is punished the same way. Breaking or disabling a person's limbs, or blinding the eyes, shall receive 97 blows with the rod. If recovery occurs within the grace period, each penalty is reduced by two grades. If there are two or more injuries, or an old illness leads to grave disability, or the tongue is cut out or a person's reproductive organs are destroyed — the penalty is 107 blows with the rod. In all lawsuits of assault and abuse, intrusive accusers shall not be heard; violators shall be investigated. For all subject to the grace period: assault with hands or feet, the limit is ten days. Assault with other objects, the limit is twenty days. Injury with a blade or by scalding or burning, the limit is thirty days; breaking or disabling limbs or breaking bones, the limit is fifty days. Assault injuries need not be cumulative; other articles on assault injury and killing injury follow this rule. If death occurs within the limit, each offender is judged according to the law on homicide. If death occurs outside the limit, or though within the limit from other causes, each offender is judged according to the original assault injury law. Other causes means death from a separately added illness. If a courtesan in affray injures a commoner and he dies outside the grace period, she shall receive 77 blows with the rod and be punished wearing only a single garment. All who assault and injure a person and he dies outside the grace period shall receive 77 blows with the rod. All who without justification assault and injure wives or concubines shall be punished according to the basic assault injury law and shall also be divorced from them. If the wife displeases her parents-in-law and this leads to unjustified assault and injury, the crime is reduced by three grades, but divorce still applies. All officials who assault their wives causing miscarriage shall receive 37 blows with the rod, be dismissed, after one year be reinstated one grade below their former rank and assigned one term in a remote region, and be divorced from the wife. All who without justification cruelly abuse an unmarried daughter-in-law shall receive 47 blows with the rod; the woman shall return to her clan, and betrothal gifts shall not be recovered. All parents-in-law who without justification tyrannize an innocent unmarried daughter-in-law shall receive 47 blows with the rod; the daughter-in-law shall return to her clan, and betrothal gifts shall not be recovered. When Mongols dispute with Han Chinese and beat Han Chinese, the Han Chinese must not retaliate; they are permitted to sue before the authorities. If Mongols hack and injure another's slave, and knowing their guilt they wish to settle peacefully, settlement is permitted. All who with other objects injure a person causing permanent disability shall receive 77 blows with the rod, and ten ingots of Zhongtong paper money shall still be collected and paid to the injured person as support funds. All who in affray hack and injure a person causing permanent disability shall receive 87 blows with the rod; ten ingots of Zhongtong paper money shall be collected and paid to the injured person as support funds. If injury results from retaliatory beating on one's father's behalf, half the paper money shall be collected. All violent and overbearing persons who rashly falsely accuse commoners of theft, capture their husbands, wives, and children, privately torture and imprison them, and tyrannize them without justification shall receive 107 blows with the rod and be exiled to distant regions. If the victim suffers permanent disability, twenty ingots of Zhongtong paper money per person shall be collected as support funds. All officials who rashly castrate foster sons to supply eunuch officials for presentation shall receive 107 blows with the rod, be struck from the rolls without reinstatement, have the offense noted on their record, and the foster sons shall return to their clans. All who for a trivial cause mutilate foster sons' limbs causing permanent disability shall be judged one grade heavier than commoners who break or disable limbs; the foster sons shall return to their clans, and 500 strings of Zhongtong paper money shall still be collected as support funds. All elders who rashly for a trivial offense stab and injure a younger brother's or nephew's both eyes shall receive the same penalty as commoners — 107 blows with the rod — collect twenty ingots of support paper money for the aggrieved party, be exempt from exile, and have the offense marked at the gate; if the victim was innocent, exile still applies. All younger brothers who though permitted to avenge their elder brother jointly gouge out their elder brother's eyes — the younger brother is treated as principal; each shall receive 107 blows with the rod and be exiled to distant regions, and the younger brother shall be exiled farther. All juniors who harbor enmity and rashly stab and injure an elder's both eyes causing permanent disability shall receive 107 blows with the rod and be exiled to distant regions. All who with a blade stab and break a person's both eyes causing grave disability shall receive 107 blows with the rod and be exiled to distant regions; twenty ingots of Zhongtong paper money shall still be collected as support funds; instigators are treated the same. All who harbor enmity and injure a person's eyes: if one eye was originally damaged and they injure the remaining eye, it is judged the same as injuring both eyes; even if an amnesty applies, exile still stands. All who in a dispute accidentally blind one eye shall receive 77 blows with the rod; fifty taels of Zhongtong paper money shall be collected as medical funds.
11
使 使 使 忿
All Totoq who rashly assault and injure traveling envoys shall receive 47 blows with the rod, be dismissed, and have the offense noted on their record. All officials who rashly assault and injure envoys with other objects shall receive 67 blows with the rod. All subordinate officials who rashly beat their supervising superior's staff officers shall receive 47 blows with the rod, be dismissed, and have the offense noted on their record. All regional command staff who rashly assault and injure the commander with other objects shall receive 67 blows with the rod; staff officers who through drunkenness abuse and curse superiors shall receive 47 blows with the rod; all shall be dismissed, reassigned elsewhere, and have the offense noted on their record. All touring inspection officials who in a dispute rashly beat local officials, and local officials who retaliate, shall each receive 37 blows with the rod and be dismissed. All supervising officials who harbor resentment and in the hall grab and wrestle subordinate officials, and subordinate officials who rashly beat them, shall receive 47 blows with the rod and be dismissed. All regional grand ministers who cannot lead subordinates uprightly and rashly fight with staff in the public hall shall, even if an amnesty applies, all be dismissed with the offense noted on their record; those who had not confessed before the amnesty shall be restored to office. All officials who rashly assault and injure those they supervise shall be punished according to the assault injury law and have the offense noted on their record. All officials who assault and injure the chief of the same office shall receive 57 blows with the rod, be dismissed from their current post, be reinstated one grade below their former rank, and still have the offense noted by name. All department heads who rashly beat co-equal regular officials shall receive 37 blows with the rod; those who beat deputy officials shall receive 27 blows with the rod; all shall be dismissed and have the offense noted on their record. All colleagues who after transfer appointments again assault and abuse each other from private resentment shall all forfeit their newly received appointments. All idle officials who rashly assault and abuse the serving chief of their native place shall receive 67 blows with the rod. When officials mutually assault one another, as to official rank, punishment follows the severity of the injury. All military officers who through excessive wine in play become angry and deliberately assault and injure local officials shall receive 37 blows with the rod and have the offense noted on their record. All staff officers who on official business rashly curse superiors with foul language shall receive 47 blows with the rod; superiors who rashly retaliate shall receive 17 blows with the rod; all shall have the offense noted by name. All officials who while drunk assault and injure commoners in the street shall receive 47 blows with the rod and have the offense noted on their record. When officials at leisure mutually assault commoners, officials are punished one grade lighter and permitted commutation by fine. All who assault and injure officials with other objects shall receive one grade heavier — 57 blows with the rod. All commoners who relying on old age assault and abuse their subordinate officials shall receive 67 blows with the rod; commutation is not permitted. All wicked youths and ruffians who rashly assault and injure persons near the forbidden precinct shall receive 77 blows with the rod.
12
Killing and Injury
13
調 使
All who kill a person shall be put to death; burial compensation silver of fifty taels shall still be collected from the household for the aggrieved party; if there is no silver, ten ingots of Zhongtong paper money shall be collected; if an amnesty exempts the crime, the amount is doubled. All subordinates who beat a superior to death — ringleaders and those who struck shall all be put to death; those who jointly assaulted without causing fatal injury shall receive 107 blows with the rod, be exiled to distant regions, and equally pay burial compensation silver. All who after killing attempt suicide but fail to die shall still be put to death. All who in killing follow and add effort without intent to deliberately kill shall, if an amnesty applies, still be released. All who in affray kill a person, first accidental then deliberate, shall be judged as deliberate killing. All who in affray kill with a blade, or beat a person to death with other objects, shall all be treated the same as deliberate killing. All who in a dispute injure a person with a blade and the victim fortunately survives shall receive 107 blows with the rod. All who holding a blade are about to kill, the person notices and flees, but they shift their anger and kill the one who intervened to restrain them — this is treated the same as deliberate killing. All cases where officials collect taxes urgently and the people cannot bear it, leading to the killing of the tax collector, shall still be judged as deliberate killing. All who while drunk wish to kill their wives but fail, shift their anger and kill the one who intervened to settle the dispute, shall be put to death. All who wish to entice a courtesan to flee and when she refuses rashly kill her shall be treated the same as killing a commoner. All who kill in affray — the case is closed and execution awaits imperial report. If a person kills another's father and the son beats the killer to death, the son is not punished; fifty taels of burial compensation silver shall still be collected from the killer's household. All Mongols who in a dispute or while drunk beat Han Chinese to death shall be sentenced to military expedition and shall fully pay burial compensation silver. In a brawl, if one person accidentally tramples a child to death and another beats a person to death, the beater's case is closed for execution; the trampler shall receive 107 blows with the rod; both shall pay burial compensation silver. If someone playfully flirts with another's wife, the husband encounters and beats him, and he dies from the injury, the crime is reduced one grade below death; burial compensation silver shall still be collected. All who beat to death a person who should be captured and killed for treason are exempt from punishment, and burial compensation silver is not collected. All who with other objects injure a person, and poison from the wound spreads and causes death — even outside the grace period — shall still have the homicide crime reduced by three grades. All who in a dispute head-butt a person, both fall, an elbow strikes the heart, and death accidentally results shall receive 107 blows with the rod and shall fully pay burial compensation silver. All envoys' attendants who beat an innkeeper to death shall be judged under the law on beating to death. All who through playful words mutually assault and cause loss of life shall receive 107 blows with the rod. If the father dies and the mother again takes another as husband, he becomes the stepfather. If the son is driven out to live elsewhere, he is treated the same as an ordinary person; any affray, killing, or injury shall be judged according to the laws on ordinary affray, killing, and injury. All mutually guilty persons who in mutual struggle cause death shall be treated the same as killing a commoner.
14
殿
All officials who for a trivial cause beat commoners to death shall be put to death; all officials who take bribes and when reported by the people rashly beat the accuser to death shall be judged as deliberate killing. All military officers who on official business in anger rashly order subordinates to beat a person to death shall receive 87 blows with the rod, be dismissed, after one year be reinstated one grade below their former rank, and pay burial compensation silver to the aggrieved party; if an amnesty applies, they shall still be demoted one grade and pay the silver. All commanders who embezzle government money and grain, and when clerks expose their fraud rashly have someone beaten to death shall be judged as deliberate killing; even if a great amnesty applies, they shall still be stripped of office and not reinstated, and pay double burial compensation silver. All bureau officials who rashly for a trivial cause beat artisans to death shall be put to death.
15
婿
All fathers who without cause kill their sons with a blade shall receive 77 blows with the rod. All unfilial sons where the father and younger brothers and nephews jointly plot to put them to death — the father is not punished; the younger brothers and nephews shall receive 107 blows with the rod. All who, upon hearing of misconduct by an already married daughter, rashly kill her shall receive 57 blows with the rod; originally received betrothal gifts shall be recovered and given to the husband for another marriage. All cases where a father with cause beats his children and accidentally causes death are exempt from punishment. All stepfathers who beat a former husband's son to death shall be put to death. All wives who deliberately kill a concubine's son shall receive 97 blows with the rod and be sold in remarriage at the husband's direction. All cases where a daughter-in-law, though at fault, is rashly cruelly abused to death by parents-in-law shall receive 107 blows with the rod. All unfilial sons where the father kills the son and thereby involves the wife — the father shall receive 77 blows with the rod; the wife's original dowry items shall all return to her parents. All who for a trivial cause kill their younger brother shall be put to death. All cases where an elder brother's established heir jointly plots to kill his full younger brother — ringleaders and those who struck shall all be put to death; fields, houses, persons, and property shall all go to the deceased's wife and children; the son shall return to the clan. If the younger brother first beats the elder brother and the elder brother in retaliation kills the younger brother, the elder brother kills a guilty younger brother and is not judged under the law on ordinary affray killing. All who in a dispute accidentally beat a separately residing younger brother to death shall receive 77 blows with the rod and pay half the burial compensation silver. All who in a dispute deliberately kill a clan younger brother shall be treated the same as killing a commoner. If a sister who is a nun has illicit relations, the elder brother hears and admonishes her, she does not obey but instead curses and grabs the elder brother, and the elder brother kills her — the elder brother kills a guilty sister and is not judged under the law on ordinary affray killing. If an elder brother beats his younger brother's wife and she dies from the injury, he shall receive 107 blows with the rod and pay burial compensation silver. All cases where a sister-in-law drowns her husband's younger sister shall be judged as deliberate killing. All who in a dispute beat a clan brother's son to death shall receive 107 blows with the rod; if deliberately killing with a blade, they shall be put to death and pay burial compensation silver. All who beat a brother's son to death to seize his property shall be put to death. All husbands and wives who jointly plot to kill their brother's son shall all be put to death. All elders who accidentally beat juniors to death shall receive 77 blows with the rod; if separately residing, burial compensation silver shall still be collected. All who for a trivial offense rashly kill their wives shall be put to death. All who because of marital discord rashly poison their wives to death shall be treated the same as deliberately killing a commoner. All cases where a wife is disrespectful to her parents-in-law and the husband beats her to death — the husband shall receive 77 blows with the rod. If the husband is bedridden, the wife does not attend him with medicine, and also curses her parents-in-law, hurting the husband's heart, and the husband beats her and accidentally causes death, he is not punished. All husbands who hate their wives and love concubines and rashly seek trivial offenses to kill their wives shall be put to death. All who on hearsay and suspicion deliberately kill a betrothed wife shall be judged the same as killing a commoner. All wives who cruelly beat their concubines to death shall receive 107 blows with the rod and be punished stripped of outer garments. All uncles who on baseless charges deliberately kill their nephews shall be judged the same as killing a commoner. All who in a dispute harboring enmity beat their son-in-law to death shall be treated the same as killing a commoner.
16
If slaves assault and abuse their masters and the master beats the slave to death, the master is exempt from punishment. All who deliberately kill innocent slaves or servants shall receive 87 blows with the rod; if killing while drunk, the penalty is reduced by one grade. All who beat to death slaves or servants intended for manumission shall receive 77 blows with the rod. All who plot to kill already manumitted slaves or servants shall be treated the same as deliberately killing a commoner. All commoners who in affray kill another's slave shall receive 107 blows with the rod and pay fifty taels of burial compensation silver. All commoners who in play kill another's slave shall receive 77 blows with the rod and pay fifty taels of burial compensation silver. If a slave beats his younger brother to death and the younger brother is also a slave of the same master, if the master requests leniency for the deceased, leniency is permitted. If slaves or servants of different masters mutually offend causing death, they are treated the same as commoners; if slaves of the same master offend each other reaching heavy punishment, the case is still closed according to precedent. All landlords who beat tenant clients to death shall receive 107 blows with the rod and pay fifty taels of burial compensation silver.
17
All who while drunk mistakenly identify another as an enemy and deliberately kill causing death — though mistaken, are treated the same as deliberate killing. All slaves who on their master's orders avenge and kill a person shall have the death penalty reduced to exile to distant regions. All who harbor enmity and kill: if an amnesty applies, ringleaders and those who struck are not amnestied; followers who did not strike are exempt from death and receive one year of penal servitude; all who kill due to old age or illness are not exempt on those grounds. All who plot or deliberately kill persons aged seventy or above shall all be shackled, imprisoned, sent back for investigation, and have their cases closed. If sons of two families at dusk run back and meet on the road, collide and fall, and death results from the injury, they are not punished; fifty taels of paper money shall still be collected for the aggrieved party. All children under fifteen who through negligence kill a person are exempt from punishment and shall pay burial compensation silver. All children under fifteen who in a dispute destroy and injure a person causing death are permitted commutation and shall pay burial compensation silver to the aggrieved party. All blind persons who beat a person and cause death from the injury shall receive 107 blows with the rod and pay burial compensation silver to the aggrieved party. All who in wind-sickness madness beat and injure a person causing death are exempt from punishment and shall pay burial compensation silver. All quack doctors who with needles and medicine kill a person shall receive 107 blows with the rod and pay burial compensation silver. All who throw bricks and stones to knock down a neighbor's fruit and accidentally injure a person causing death shall receive 87 blows with the rod and pay burial compensation silver. If soldiers practice archery and the arrow-retriever is careless causing injury and death, the archer is not punished; burial compensation silver shall still be collected. All who through negligence trample a child to death shall receive 77 blows with the rod and pay burial compensation silver to the aggrieved party. All who at night gallop horses and accidentally strike a person to death shall receive 77 blows with the rod and pay burial compensation silver. All who drive carts or gallop horses causing injury to life shall receive 77 blows with the rod and pay burial compensation silver. All who at night drive carts not knowing a person is on the ground and accidentally run over and kill shall receive 37 blows with the rod and pay half the burial compensation silver to the aggrieved party. All young children who mutually play and accidentally injure causing death are not punished. All cases of playful injury to life where the parties voluntarily wish to settle peacefully are permitted to do so. If two persons playfully struggle over an object, one releases and the other loses balance and falls to death, the one who released is not punished. All who with objects playfully frighten a child causing illness and death shall receive 67 blows with the rod and pay fifty taels of burial compensation silver. All who in play chase another causing a fall, injury, and death shall be sentenced to penal servitude; burial compensation silver shall still be collected for the aggrieved party. If camels under pasture bite a person to death, the herdsman shall receive 17 blows with the rod and the camel shall be given to the aggrieved party. If post relay horses in the wild bite a person to death, the horse shall be given to the aggrieved party and the horse owner shall separately purchase a replacement for service. All slaves who deliberately kill their children to falsely accuse their master shall receive 107 blows with the rod. All who in a dispute drown the wife's children by a former husband and falsely implicate others shall be judged as deliberate killing. All stepfathers who place poison in food and give it to a former husband's children causing death shall be treated the same as poisoning a commoner to death. All who deliberately kill innocent descendants to falsely implicate an enemy shall be judged as deliberately killing a commoner. All killings with no aggrieved party — burial compensation silver is not collected; the offender's property and persons are all given to his wife and children, who still serve corvée as commoners. All who kill a guilty person — burial compensation silver is not collected. All who for property plot deliberate killing of many shall all be executed by dismemberment; verify each robber's number of killings and equally collect burial compensation silver from their households. All co-residents who mutually beat to death, and those who die before the homicide case is concluded — in all cases burial compensation silver is not collected. All killers where the killed person's household is elsewhere — officials shall collect burial compensation silver and transfer it to the native registration, obtaining payment from the household. All affray killings where burial compensation silver should be collected but the offender is poor and cannot pay, and no other relatives are liable — officials shall provide payment. All cases causing injury to life where burial compensation silver should be collected — only the silver value in ten ingots of Zhongtong paper money shall be collected. All who in a dispute jointly beat a person to death, if an amnesty requires doubled burial compensation silver — the principal who caused death shall pay ten ingots of Zhongtong paper money, and followers shall equally pay ten ingots. All who beat a person to death though the corpse is not seen, if confession and evidence are clear, burial compensation silver shall still be collected. All monks and Daoists who kill — burial compensation silver shall be collected from the monastery's permanent endowment. All hired laborers who assault causing injury to life — burial compensation silver shall be collected, not extending to the hired laborer's household. All slaves who beat a person to death committing the offense in the master's household — burial compensation silver shall be collected from the master; if the offense was not committed in the master's household and burial compensation silver cannot be collected, it shall not be collected from the master.
18
Prohibitions
19
調
All with nonstandard measures, weights, and balances — offenders shall receive 57 blows with the rod. Prefectural and county regular officials: on a first offense, fine one month's salary; on a second offense, 27 blows with the rod; on a third offense, separate deliberation; still notation by name. Circuit, prefecture, district, and county darughachi chiefs who fail in supervision: on a first offense, fine twenty days' salary; on a second offense, separate deliberation. All memorials and government documents must use the national script; those who continue using Uyghur script are forbidden to do so. All who privately print small books of issued edicts and articles for sale in the market are forbidden to do so. All inner and outer officials who should wear tally seals and rashly give their tally to attendants to wear are forbidden to do so. All officials at court assembly wearing court dress who privately pay respects to other ministers shall be punished. All civil and military officials attending court who fail to arrive for congratulation shall be fined ten strings of Zhongtong paper money; those who breach etiquette shall be fined eight strings. All who rashly dare to collide with grand chancellors entering or leaving shall be punished.
20
宿 輿 滿 輿 歿 使
All official dress: only Mongols and imperial guard soldiers may not wear dragon and phoenix patterns; all others are not forbidden. Dragon means five claws and two horns. Officials of ranks one and two may wear solid gold flowers; rank three wears gold dazi; ranks four and five wear cloud-sleeve belt robes; ranks six and seven wear six-flower patterns; ranks eight and nine wear four-flower patterns; functional and honorary ranks follow the higher rank. Ennobled wives of ranks one to three wear solid gold; ranks four and five wear gold dazi; rank six and below wear only gilded and gold-thread dazi. Head ornaments: ranks one to three may use gold, pearls, jade, and gems; ranks four and five use gold, jade, and true pearls; rank six and below use gold, but earrings may use pearls and jade. Those of the same registration, regardless of closeness of kinship, are treated the same; close kin though separately registered or married out are included. Carriages and litters may not use dragon and phoenix patterns; ranks one to three may use interspersed gold ornament, silver chihou heads, embroidered belts, and blue curtains; ranks four and five use plain lion heads, embroidered belts, and blue curtains; ranks six to nine use plain cloud heads, plain belts, and blue curtains. Inner and outer persons with official origin who completed examination and should enter the stream while currently serving shall wear the same as rank nine. Persons receiving orders and commands with seals from various appanages while currently serving are also treated the same as rank nine. Commoners may wear only dark-patterned hemp silk, silk, satin, and wool; ochre yellow is forbidden; hats may not be ornamented with gold or jade; boots may not be cut with decorative patterns. Head ornaments may use one jadeite flower, gold hairpin, and comb each; only earrings may use gold, pearls, and green jade; all else uses silver. Carriages and litters: black lacquer, flat-topped, black curtains. Persons of various categories except those in campaign encampments are all treated the same as commoners. Retired officials are treated the same as currently serving; those dismissed and demoted follow their entitled rank; those not reinstated are treated the same as commoners. If a father or grandfather held office and has long been deceased, unless the offense was struck from the rolls without reinstatement, ennobled wives and descendants are treated the same as currently serving. All musicians, artisans, and similar persons wear the same as commoners; all costume items for performance are not bound by the above rules. Runners and public messengers may wear only silk. Courtesan establishments going out may wear only black jackets and may not ride in carriages or on horses. For permitted dress grades, higher may include lower; lower may not usurp higher; violators — officials shall be dismissed from their current post and after one year reinstated one grade lower; others shall receive 57 blows with the rod; prohibited items shall go to the accuser as reward. Imperially bestowed items are not within the prohibition limits. All officials who ornament armor with gold are forbidden to do so; violators and armor makers shall be punished the same. All commoners' saddles and stirrups may depict tigers and rabbits; depicting clouds, dragons, rhinoceroses, and oxen is forbidden. All bolt cloth woven with large dragons encircling the body is forbidden; small dragons on chest and back are not forbidden. All saddles, bridles, arrowheads, boots, shoes, and miscellaneous belts manufactured in markets using gold as ornament are forbidden.
21
穿 使
All prefectural and county darughachi and various appanages who without authorization manufacture weapons are forbidden to do so. All temple ritual implements must use wood, earth, paper, and colors as substitutes; using real weapons is forbidden. All commoners in the capital who manufacture or possess crossbows shall receive 77 blows with the rod and half their household property shall be confiscated; outer prefectures and counties are not within the prohibition. All hunters, robber-catchers, patrol horse archers, and salt patrol archers may carry bows and arrows; all others are forbidden to do so. All Han Chinese who possess weapons are forbidden to do so; Han Chinese who serve as soldiers are not forbidden. All who sell weapons — selling to persons permitted to carry them is not forbidden. All who privately hoard iron rulers, iron maces, or walking sticks with concealed blades are forbidden to do so. All who privately hoard a full suit of armor shall be put to death; if not a complete set, 57 blows with the rod and one year of penal servitude; scattered armor plates unsuitable for stringing to resist enemies shall receive 37 blows with the rod. If privately hoarding ten spears, knives, or crossbows, they shall be put to death; five or more, 97 blows with the rod and three years of penal servitude; four or more, 77 blows with the rod and two years of penal servitude; if unusable, 57 blows with the rod. If privately hoarding ten sets of bow and arrow, they shall be put to death; five sets or more, 97 blows with the rod and three years of penal servitude; four sets or fewer, 77 blows with the rod and two years of penal servitude; if not a complete set, 57 blows with the rod. One bow and thirty arrows constitute one set.
22
使
All who rashly dare to trespass upon or trample sacred mountains, rivers, and temples are forbidden to do so. All temples of Fuxi, Nüwa, Yao, Shun, Yu, Tang, Hou Tu, and the like — military horses and envoys who dare to obstruct or damage them are forbidden to do so. All famous mountains, great rivers, temples, shrines, and traces of famous persons of former ages — those who dare to demolish them are forbidden to do so. All who convert Buddhist temples to Daoist temples or Daoist temples to Buddhist temples are forbidden to do so. All temples, shrines, and monasteries who engrave imperial seals, edicts, and princely commands are forbidden to do so.
23
All who as filial sons cut their livers, slice their thighs, or bury children and the like as filial piety are all forbidden. All folk funerals using paper for houses, gold and silver for horses, and multicolored clothes, curtains, and canopies are all forbidden. All graves with brick and tile houses built atop them are forbidden. All family temples using official dress in spring and autumn sacrifices are forbidden. All folk ancestral spirit tablets using the character for emperor are forbidden. All commoners' houses with goose-neck ridge ornaments and scaled-claw tile beasts shall receive 37 blows with the rod for the owner and 27 for the potter. All officials while in current office, though they have good governance, may not erect steles; steles already erected by corrupt officials shall be destroyed; those erected on false reputation without a governance record shall be destroyed.
24
All night curfew: at the first watch third stroke when the bell stops, movement of persons is forbidden. At the fifth watch third stroke when the bell sounds, movement of persons is permitted. Violators shall receive 27 blows with the rod; officials are permitted commutation. Urgent official business, illness, death, mourning, childbirth, and the like are not forbidden. All cases where officials' dawn bell has not yet sounded and temples and monasteries rashly ring bells are forbidden. All in Jiangnan regions before the night curfew bell, market lamps for buying and selling, and after the dawn bell household lamps for reading and working are not forbidden. Mass gatherings for prayer are forbidden. All who violate the night curfew and resist capture, hacking and injuring patrol officers shall receive 107 blows with the rod.
25
滿
All city dwellers: neighboring wards shall mutually guarantee one another, gates shall be set with water dippers with water always full, households shall be equipped with fire tools with each item ready; when strong winds arise, proclamation shall be made along the roads. Officials shall inspect from time to time; all whose fire-fighting equipment is not complete shall be punished. All negligent fires spreading to burn government buildings shall receive 77 blows with the rod; spreading to burn private houses shall receive 57 blows with the rod; if causing injury to life, 87 blows with the rod; destroyed houses, property, and livestock — public and private are all exempt from compensation. Burning one's own house shall receive 27 blows with the rod; only the person who caused the fire is punished. All who on salt-boiling grasslands rashly set wildfires causing spread shall receive 87 blows with the rod; if causing shortage of supply, a memorial shall be submitted for imperial decision. Neighboring supervising civilian officials are solely responsible for guarding and prohibiting. All who set fires for hunting encirclement spreading to burn private houses and money and grain shall be sentenced and compelled to compensate; if compensation is incomplete and an amnesty applies, collection is exempted. All who deliberately burn crown prince or princely residences shall be put to death. All who deliberately burn government offices and dwellings, and any inhabited houses regardless of size or amount of property, shall be treated the same as robbery without tattoo — 107 blows with the rod and three years of penal servitude; if causing injury to life, the same as homicide. Uninhabited empty houses, damaged property, and field and storehouse accumulations shall be treated the same as theft without tattoo, calculating stolen value for sentencing. If stealing property while burning, the same as robbery with tattoo and execution, and additionally compensate for the burned goods' value; if injuring life, burial compensation silver shall still be collected. On a second offense, sentenced to corvée; after service is completed, exiled a thousand li beyond. All who harbor enmity and set fires promptly extinguished without spreading shall be treated the same as robbery without injuring persons or obtaining property — 77 blows with the rod, one and a half years of penal servitude, exempt from tattoo; even if relatives offend, they are treated the same as commoners.
26
All on the first and fifteenth of the month and the two quarter moons, killing of living creatures is forbidden. All prefectures and counties in the first and fifth months each forbid slaughter for ten days; in famine areas, from the first of the month, slaughter is forbidden for three days. All each year from the twelfth month to the first month of the following year, killing ewes is forbidden. All banquets, even for high officials, killing horses as courtesy is forbidden. If old or sick and unable to bear saddle and bridle, they must still be jointly verified by the multitude before killing. All who privately slaughter cattle or horses shall receive 100 blows with the rod; twenty-five taels of paper money shall be collected and paid to the accuser as reward. Neighbors on both sides who know but fail to report shall receive 27 blows with the rod. Local headmen who fail to detect shall receive 57 blows with the rod. Those who witness slaughter but do not report and thereby extort money shall receive 77 blows with the rod. If old or sick and unable to serve, after verification by officials, slaughter is permitted. If already dead from illness, report and verify for flaying; sinews and horns go to the state; if flesh is not for personal use, tax must be paid and it must be sold; violators are treated the same as concealing tax. Officials whose prohibition enforcement is not strict shall be investigated. All who privately slaughter government horses or cattle — the principal shall receive 107 blows with the rod, followers 87 blows with the rod. All who assist in privately slaughtering horses or cattle shall be punished two grades lighter than the principal offender. All cases where cattle, horses, donkeys, or mules die and sinews and horns are not fully delivered to the state — one set or more, 27 blows with the rod; five sets or more, 47 blows with the rod; ten sets or more, 67 blows with the rod, and the value of the goods violated shall still be collected and paid to the accuser as reward.
27
鴿
All who mutilate their flesh to beg in the market are forbidden to do so. All who within or outside the walls release pigeons with bells are forbidden to do so. All princes, imperial sons-in-law, and powerful nobles who encroach on mountain grounds blocking commoners from gathering firewood shall be punished. All pass inspections that are not strict and who accept bribes and deliberately release shall be punished. All at river fords or ferry crossings who clearly know the tide has arrived or storms are rising yet greedily demand ferry fees, delay without crossing, causing capsizing and drowning midstream and injury to life — the principal shall be put to death, followers reduced one grade.
28
All who leave secular life without verification from officials and are rashly ordained as monks or Daoists — the master shall receive 57 blows with the rod, the ordained 47 blows with the rod, and be sent back to their original registration. All who under the name of lay Buddhist friends gather crowds and form societies are forbidden to do so. All colored-category monks, nuns, and female Daoists who rashly enter commoners' homes and forcibly solicit alms are forbidden to do so. All monks and Daoists who forge scriptures, offend superiors and delude the masses — principals shall be beheaded, followers sentenced according to severity. All who without justification hold welcoming sacrifices and prayers, deluding the masses and disturbing the people are forbidden to do so. All laypersons who gather crowds ringing cymbals to perform Buddhist rites are forbidden to do so. All military officers who extort funds, gather crowds, set up ritual guards, beat gongs and drums, and welcome and sacrifice at shrines as models for the people shall receive 57 blows with the rod; deputies 27 blows with the rod; all shall have the offense noted on their record. All yin-yang masters' astronomical charts and prognostications — prohibited books privately hoarded shall be punished. All yin-yang masters who forge prognostications, Daoist elders who privately compose scriptures, and all who with heterodox teachings and devious ways deceive and delude the people are forbidden; violators shall be heavily punished. Those in temples and monasteries — crime extends to custodians; those outside — local officials shall investigate. All who falsely speak of prohibited books shall be sentenced to penal servitude. All yin-yang practitioners who rashly light lamps and sacrifice to stars for people, bewitching hearts and minds are forbidden to do so. All who rashly speak of stellar changes and omens of disaster and blessing shall receive 107 blows with the rod. All yin-yang masters who rashly enter princes', princesses', and imperial sons-in-law's households are forbidden to do so. All who with yin-yang physiognomy write talismans and charmed water, and all heterodox arts disturbing people's hearing and seeking advancement are forbidden; violators shall be punished.
29
All who write anonymous documents — if the words are grave, put to death; if light, exile; wives and children confiscated and given to captors as reward. If the target captures them personally, no reward is given. All who write anonymous texts exposing others' private crimes not involving official matters shall receive 77 blows with the rod. All who deposit anonymous texts at people's homes to extort money shall receive 87 blows with the rod and be sent back to their original registration. All who find anonymous documents not captured at the time must burn them; those who rashly report to officials shall have the offender's crime reduced by two grades. For all anonymous texts whose words do not involve the government and only wish to expose others' crimes, judgment follows what is exposed.
30
All folk sons and younger brothers who do not pursue livelihood and rashly in city wards and market towns perform narrative songs, teach miscellaneous plays, and gather crowds in lewd jest are all prohibited and corrected. All who manipulate birds and snakes, puppets, hidden sleight-of-hand, inverted coin tricks, and fish-drum beating, deluding people and gathering crowds to sell fake medicine are forbidden; violators shall be heavily punished. All who abandon the root and pursue the branch, practice horn-goring games, and learn thrusting techniques — master and disciple shall each receive 77 blows with the rod. All who disorderly compose song lyrics as satire shall be exiled.
31
All gambling for money shall receive 77 blows with the rod; money shall be confiscated; officials shall be dismissed from their current post and after one year reinstated in miscellaneous ranks. Households opening gambling halls shall be punished the same; on a second offense, one year of penal servitude is added. Robber-catchers who deliberately release shall receive 47 blows with the rod; if bribed, the same crime. If officials order implicating commoners and prior co-gamblers, crime extends to the officials. Those who gamble for food and drink are not punished. All co-gamblers who confess voluntarily are not prosecuted. All gambling where exposure leads to the gambling site, with gambling tools and stolen goods evidence clear — sentence according to this law, not through extended implication and reform absolution.
32
All who deliberately allow cattle and horses to eat and trample field crops are forbidden to do so. All local garrison Mongols and Han soldiers shall each establish camp sites. Without cause rashly entering households seeking food and drink, or allowing livestock to eat and trample field crops and mulberry fruit — crime extends to the commanders. All princes without metropolitan office documents who at various places collect corvée and requisitions, forcibly taking food, drink, fodder, and grain and harming the people are forbidden to do so.
33
All places where tigers and leopards cause harm — officials shall strictly order soldiers and hunters to capture them by various means. Among them, persons not among those who should hunt who themselves can set traps and capture — hides and flesh need not be submitted to the state and may serve as reward. All officials who in violation release hawks — that day's saddle, horse, clothing, and goods shall be seized and confiscated. All hunting grounds assigned to various officials — commoners' firewood gathering is not forbidden; violators shall be corrected. All when the year's grain does not ripen and the people are distressed and impoverished — princes and high officials intending to go hunting are all forbidden to do so. All before field crops are harvested, hunting encirclement is not permitted; hunting in uncultivated northern lands is permitted. All soldiers who accept bribes and forge fire brands to swap government horses they manage with others shall receive 97 blows with the rod; stolen goods shall be recovered and confiscated. All when the year's grain does not ripen and the people are hungry and destitute, encountering wild beasts in forbidden grounds and capturing them for food — do not rashly confiscate. All hawk-capture and falconry officials who privately sell at price wild game intended for the imperial table — calculating the stolen value under perversion of law, shall be struck from the rolls without reinstatement. All boats and carriages' extravagance and utensils' oddity — regional grand ministers unless granted tribute may not without authorization present them.
34
All stray persons arriving at prison — immediately transfer to claimed native registration and summon masters to identify. If over half a year with no master identifying, assign as a household and deliver to officials for corvée. Disabled, old, and ill — give travel documents and release. Horses and livestock with masters identifying — collect fodder price already paid, then return to the master; with no master identifying, register teeth and hair and keep them. All stray slaves and servants who privately pair though bearing children — if masters identify, each returns to their master; with no original master, officials collect and detain. All who hide stray falcons and hounds shall receive 37 blows with the rod and half their household property shall be confiscated. Those who collect stray falcons and hounds and thereby harm the people shall be punished.
35
宿
All treasure dug up in another's land shall be split with the landowner; in government land half goes to the state; in one's own land, the finder keeps it as owner. Those obtaining ancient vessels and precious objects shall report to officials for presentation; an approximate price shall be given; if fraudulently concealing, they shall be sentenced and the goods recovered.
36
All supervising officials who rashly lend to the people — lender and borrower shall both be punished. All called loans of money and grain though many years pass may not exceed one principal and one interest; those who take profit from people, or convert contracts adding interest upon interest, or seize people's cattle, horses, property, or seize people's children as slaves — the crime shall be heavily increased, excess interest taken shall still be repaid, and principal and interest confiscated. All pawn transactions without proper vaults and without credit notes, taking interest in violation are forbidden.
37
All inn and shop households lodging travelers — if not known acquaintances, must ask what government office documents they carry; if anything suspicious, may not lodge; violators shall be punished. All official households' money merchant boats rashly flying flags, setting bows and arrows, gongs and drums, and displaying money masters' yamen titles traveling on rivers are forbidden. All merchants and those going out on business must obtain neighborhood guarantee from officials and receive travel documents; violators shall be investigated and corrected. All appanages and other offices with seals may not recklessly issue travel documents.
38
All poisonous medicines — if not physicians rashly buy and sell causing injury to life, buyers and sellers shall all be put to death. If not injuring persons, each shall receive 67 blows with the rod; one hundred taels of Zhiyuan paper money shall still be collected for the accuser as reward. Those without medical skill who compound fake medicine and sell in markets are forbidden to do so.
39
使 貿
All maritime envoys and merchant ships who rashly give Chinese persons, treasure goods, weapons, or horses to foreign countries shall be investigated by surveillance commissions. All merchants who purchase gold and silver to take to foreign countries are forbidden; violators shall be punished. All coastal powerful families who rashly trade with foreign merchants sending copper cash to sea shall receive 107 blows with the rod.
40
All courtesan establishments' born male and female each quarter by the tenth of the following month shall report their numbers to the Central Secretariat. Those who abort before birth or after birth rashly destroy life are forbidden to do so. All courtesan establishments who rashly purchase commoners as courtesans while officials do not examine and recklessly issue public certificates, and tax offices without basis stamp tax — all strictly forbidden; violators shall be severely punished.
41
Miscellaneous Offenses
42
All who in disputes and arguments rashly invoke great names shall be punished. All officials who on official business slip and speak disorderly words shall receive 27 blows with the rod. All who in satisfaction, after wine, or with wind-sickness madness slip and speak disorderly words with no other reasoning are exempt from punishment.
43
All wicked youths and ruffians who form gangs, oppress the good, deliberately fight, and mutually frame — chained to wooden puppets, paraded through streets; later offenders replace them, then they are sentenced and dispatched. All wicked youths who in daylight carry swords in the market wishing to kill their department chief shall receive 97 blows with the rod. All ruffian soldiers who rashly accept bribes to beat people and thereby seize money shall receive 87 blows with the rod, have red clay smeared on the wall to mark the offense at their gate, and be exempt from penal servitude. All who previously committed offenses and were marked with red clay on the wall, if later offending without requiring relocation — the offense name shall be added to the original red clay wall marking.
44
All powerful persons who shift government authority, tyrannize villages, commit lewd violence, greed and cruelty, and repeatedly offend without reform — shall be exiled to distant evil lands for garrison farming. All who frequently commit offenses and evil, repeatedly sentenced without reform shall be exiled to distant regions. All vicious persons who harm the good, forcibly castrate men, extinguishing posterity, who fortunately survive shall receive 107 blows with the rod and be exiled to distant regions. All noble and powerful households who privately set iron cangues, nail collars, and imprison slaves, and who without authorization tattoo their faces are forbidden to do so. All who capture escaped slaves and rashly tattoo faces and cut noses with unreasonable cruelty are forbidden to do so. All who without cause rashly tattoo their slaves shall receive 67 blows with the rod. All Luo-li and Hui-hui who harm the people shall be prohibited and corrected by local officials.
45
Capture of Fugitives
46
滿
All theft losses where robber-capture officials do not set time limits for capture yet have other households compensate the victim's property — fine two months' salary, still set limits for pursuit. All robbers who kill people not captured within three limits — if an amnesty applies, robber-capture officials receive deserved punishment and reform absolution, still ordered to capture; if term expires without capture, dismissal documents openly record demotion according to precedent. All robbers from other jurisdictions entering to hide — robber-capture officials who divide this territory from that and do not immediately capture shall receive 47 blows with the rod, be dismissed and reassigned elsewhere, and have the offense noted on their record.
47
宿
All already sentenced exiles in prison not yet dispatched who revolt in prison and beat and injure guards, if escaped and recaptured shall be put to death; if not yet out of prison shall receive 107 blows with the rod and be sent to the already intended exile destination. All escorting prisoners passing prefectures and counties stopping overnight not lodging in prison cells but rashly imprisoning at inns causing escape — chief escort official shall receive 27 blows with the rod and be restored to service; escort guard official shall receive 47 blows with the rod and have the offense noted on their record. All prisoners who revolt in prison and escape — the custodian is reduced two grades from the offender's crime; the prison warden is further reduced four grades from the custodian. If promptly captured and half or more recovered, fine one month's salary.
48
All slaves and servants who flee against their masters shall receive 77 blows with the rod; those who entice, guide, and harbor shall receive 67 blows with the rod. Neighbors, community elders, and ward heads who know but fail to report and capture shall receive 37 blows with the rod; pass inspectors and robber-catchers who accept bribes and release shall be judged under the law on perversion of law. Temples, monasteries, military camps, powerful households who conceal them, and appanages who falsely register them as households — judged as concealment; those who confess are exempt from punishment. All who report capture of escaped slaves — from goods they carry, one-third shall be taken and given to the captor as reward. All escaped slaves who resist capture without causing injury to life shall receive 107 blows with the rod.
49
Lenient Punishment
50
調
All prison inmates must be separated by severity, men and women in separate rooms, and must not be mixed. Prison directors shall ensure their care, jailers shall remove their cruelty, and prison wardens shall exert their sincerity. All imprisoned persons without relatives to supply them, or with relatives too poor to supply them, shall receive one sheng of granary rice daily; of three sheng, one sheng of millet for those with illness. All items such as oil, charcoal, mats, and cushions shall be provided seasonally. If cold and hunger leave clothing and food unprovided, illness without timely medical supervision, failure to remove cangues and shackles, or not permitting relatives to attend — causing unreasonable death or injury, the responsible officials shall be punished. All prison directorate offices guarding prisoners shall receive one jin of clear oil nightly. All circuits, prefectures, and counties wherever prisoners are held shall disburse prisoner grain from rodent-loss grain allowances. All imprisoned persons without family in the twelfth month through the first month shall receive sheepskin cloaks, trousers and socks, and firewood and grass for warming boxes and heated kang beds. All litigation where persons must await return for confrontation — summon guarantors knowing their whereabouts; if no guarantor is known, officials shall provide grain for support; do not lodge with commoner households. All exiles on the road — officials shall daily provide one sheng of rice; if ill, order a good physician to treat; when illness heals, dispatch promptly. All prison physicians, custodians of prisoners' lives, must be tested before use; if unfit, the supervising physician and adjusting officials shall be punished. All imprisoned persons whose illness reaches two-tenths, reported gradually increasing to nine-tenths as death proof — if treating heavy as light or urgent as slow and mistakenly injuring life, investigate. All imprisoned persons who are ill — the supervising office shall verify the truth, provide medicine; if gravely ill, remove cangues and shackles and permit family to attend. Functional and honorary officials of rank five and above may have two persons attend. Those committing treason and above, and robbers up to death, and slaves who kill masters — provide medicine only. All officials where imprisoned persons suffer cold and hunger with untimely clothing and food, illness without supervised medical care, failure to remove cangues and shackles, or not permitting relatives to attend — if within one year deaths reach ten or more, the regular chief shall receive 27 blows with the rod, the deputy 37 blows with the rod, and be restored to office; chief clerks shall receive 47 blows with the rod, be dismissed and reassigned elsewhere, and have the offense noted on their record. All pregnant women who commit crimes — after childbirth decide within one hundred days; in the month of delivery, permit summoning guarantors; twenty days after childbirth, again pursue into prison. Those without guarantors and committing capital crimes — at delivery, permit women to attend. All who commit capital crimes with relatives aged seventy or above lacking another son to support — permitted to memorialize requesting imperial decision. All who commit crimes aged seventy or above, fifteen or below, or gravely disabled and permitted commutation — for each lash or blow with the rod, commutation is one string of Zhongtong paper money. All doubtful cases imprisoned five years or more without clarification — if an amnesty applies, release and exempt.
51
Rectification
52
All officials and clerks who rectify wrongful convictions deserving reward — from officials' guarantee and investigation, surveillance commission verification, then deliberation. If there is reckless inflation not true, crime extends to guarantee, investigation, and verification officials. All circuit, prefecture, military and civilian chiefs who in capturing rebels rashly frame commoners, forcibly violate maidens, kill and capture persons and property, and overturn households — colleagues who can rectify commoners' wrongs, correct offenders' crimes, return captives, and save lives shall be promoted one grade preferentially. All functional officials who can rectify heavy sentences of one case or more shall be promoted one equivalent grade. All functional officials who can rectify wrongful convictions of one case or more shall receive reduction of one qualification. All circuit and prefecture clerks who can rectify wrongful convictions shall be appointed as department clerks in the various Pacification Commission circuits.
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