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刑法四○詐偽
Criminal Law IV — Fraud and Forgery
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諸主謀偽造符寶,及受財鑄造者,皆處死。 同情轉募工匠,及受募刻字者,杖一百七。 偽造制敕者,與符寶同。 諸妄增減制書者,處死。 諸近侍官輒詐傳上旨者,杖一百七,除名不敘。 諸偽造省府印信文字,但犯制敕者處死。 若偽造省府劄付者,杖一百七,再犯流遠。 知情不首者,八十七。 其文理訛謬不堪行用者,九十七。 若偽造司縣印信文字,追呼平民,勒取財物者,初犯杖七十七,累犯不悛者一百七。 諸偽造宣慰司印信契本,及商稅務青由欺冒商賈者,杖一百七。 諸赦前偽造省印,赦後不曾銷毀,杖七十七,有官者奪所受宣敕,除名不敘。 諸掾屬輒造省官押字,盜用省印,賣放官職者,雖會赦,流遠。 諸偽造稅物雜印,私熬顏色,偽稅物貨者,杖八十七。 告捕得實者,征中統鈔一百貫充賞。 物主知情,減犯人罪一等,其匿稅之物,一半沒官,於沒官物內一半付告人充賞; 不知情者不坐,物給元主。 其捕獲人擅自脫放者,減犯人罪二等,受財者與犯人同罪。 諸省部小史,為人誤毀行移檢紥,輒自刻印信,偽補署押,求蓋本罪,無他情弊者,杖七十七,發元籍。 諸僧道偽造諸王印信及令旨抄題者,處死。 諸盤獲偽造印信之人,同獲強盜給賞。 諸告獲私造歷日者,賞銀一百兩。 如無太史院歷日印信,便同私歷造者,以違制論。 諸受財賣他人敕牒,及收買轉賣者,杖一百七,刺面發元籍,買者杖八十七,發元籍。 諸職官被差,以疾輒令人代乘驛傳而往者,杖六十七,代者笞五十七。 諸公差,於官船夾帶從人,冒支分例者,笞一十七,記過,支過分例來,追征還官。
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.
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諸詐稱使臣,偽寫給驛文字,起馬匹舟船者,杖一百七。 有司失覺察,輒憑無印信關牒倒給者,判署官笞三十七,首領官吏四十七。 諸職官詐傳上司言語,擅起驛馬者,杖六十七。 脫脫禾孫依隨擅給驛馬者,笞五十七,並解職別敘,記過; 驛官二十七,還職。 諸詐稱按部官,恐嚇官吏者,杖六十七。 諸詐稱監臨長官署置差遣,欺取錢物者,杖八十七,錢物沒官。 諸詐稱奉使所委官,聽理民訟者,杖九十七。 詐稱隨行令史者,笞五十七。
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.
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諸偽造寶鈔,首謀起意,並雕板抄紙,收買顏料,書填字號,窩藏印造,但同情者皆處死,仍沒其家產。 兩鄰知而不首者,杖七十七。 坊里正、主首、社長失覺察,並巡捕軍兵各笞四十七。 捕盜官及鎮守巡捕軍官各三十七,未獲賊徒,依強盜立限緝捕。 買使偽鈔者,初犯杖一百七,再犯加徒一年,三犯科斷流遠。 諸捕獲偽鈔,賞銀五錠,給銀不給鈔。 諸父子同造偽鈔者,皆處死。 諸父造偽鈔,子聽給使,不與父同坐; 子造偽鈔,父不同造,不與子同坐。 諸夫偽造寶鈔者,妻不坐。 諸偽造寶鈔,印板不全者,杖一百七。 諸偽造寶鈔,沒其家產,不及其妻子。 諸赦前收藏偽鈔,赦後行使者,杖一百七。 不曾行使而不首者,減一等。 諸偽造鈔罪應死者,雖親老無兼丁,不聽上請。 諸捕獲偽造寶鈔之人,雖已身故,其應得賞錢,仍給其親屬。 諸奴婢買使偽鈔,其主陳首者,不在理賞之例。 諸挑剜裨輳寶鈔者,不分首從,杖一百七,徒一年,再犯流遠。 年七十以上者,呈稟定奪,毋輒聽贖。 買使者減一等。 諸燒造偽銀者,徒。 諸造賣偽銀,買主不知情,價錢給主,偽銀內銷,提真銀沒官,依本犯科罪。 諸偽造各倉支發糧籌者,笞五十七,已支出官糧者,準盜系官錢物科罪。 倉官人等有犯者,依監主自盜法,贓重者從重論。 諸冒支官錢,計贓以枉法論,並除名不敘。
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.
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諸冒名入仕者,杖六十七,奪所受命,追俸發元籍,會赦不首,笞四十七,仍追奪之。 諸奴受主命冒充職官者,杖九十七。 其主及同僚相容隱者,八十七。 諸子冒父官居職任事者,杖七十七,犯在革前,革後不出首者,笞四十七,並追回所受宣敕,及支過俸祿還官。 諸邊臣,輒以子婿詐稱招徠蠻獠,保充土官者,除名不敘,拘奪所授官。 諸軍官承襲,偽增年者,監察御史廉訪司糾察之,濫保官吏,並坐罪。 諸職官妄報出身履歷者,除名不敘。 諸譯史、令史,有過不敘。 詐稱作闕,別處補用者,笞五十七,罷役不敘。
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.
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諸輸納官物,輒增改朱鈔者,杖六十七,罷之。 諸有司長官,輒以追到盜贓支使,卻虛立給主文案者,雖會赦,解職,降先職二等敘。 承吏,除名不敘。 諸帥府上功文字,詐添有功軍人名數,主謀者杖八十七,除名不敘,隨從書寫者笞五十七。 諸詐以軍功受舉入仕者,罷之,仍奪所受命。 諸擅改已奏官員選目姓名者,雖會赦,除名發元籍。 諸曹吏輒於公牘改易年月,圖逭罪責者,笞五十七,罷役別敘,記過。 諸嘩強之人,輒為人偽增籍面者,杖八十七,紅泥粉壁識過其門。 諸蒙古譯史,能辨出詐偽文字二起以上者,減一資升轉。
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.
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○訴訟
Litigation
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諸告人罪者,須明註年月,指陳實事,不得稱疑。 誣告者抵罪反坐,越訴者笞五十七。 本屬官司有過,及有冤抑,屢告不理,或理斷偏屈,並應合回避者,許赴上司陳之。 諸訴訟本爭事外,別生余事者,禁。 其本爭事畢,別訴者聽。 諸軍民風憲官有罪,各從其所屬上司訴之。 諸民間雜犯,赴有司陳首者聽。 諸告言重事實,輕事虛,免坐; 輕事實,重事虛,反坐。 諸中外有司,發人家錄私書,輒興獄訟者,禁之。 若本宗事須引用證驗者,仍聽追照。 其構飾傅會,以文致人罪者,審辨之。 除本宗外,余事並勿聽理。 諸教令人告緦麻以上親,及奴婢告主者,各減告者罪一等。 若教令人告子孫,各減所告罪二等。 其教令人告事虛應反坐,或得實應賞者,皆以告者為首,教令為從。 諸老廢篤疾,事須爭訴,止令同居親屬深知本末者代之。 若謀反大逆,子孫不孝,為同居所侵侮,必須自陳者聽。 諸致仕得代官,不得已與齊民訟,許其親屬家人代訴,所司毋侵撓之。 諸婦人輒代男子告辨爭訟者,禁之。 若果寡居,及雖有子男,為他故所妨,事須爭訟者,不在禁例。 諸子證其父,奴訐其主,及妻妾弟侄不相容隱,凡幹名犯義,為風化之玷者,並禁止之。 諸親屬相告,並同自首。 諸妻訐夫惡,比同自首原免。 凡夫有罪,非惡逆重事,妻得相容隱,而輒告訐其夫者,笞四十七。 諸妻曾背夫而逃,被斷復誣告其夫以重罪者,抵罪反坐,從其夫嫁賣。 諸職官同僚相言者,並解職別敘,記過。 諸告人罪者,自下而上,不得越訴。 諸府州司縣應受理而不受理,雖受理而聽斷偏屈,或遷延不決者,隨輕重而罪罰之。 諸訴官吏受賂不法,徑赴憲司者,不以越訴論。 諸陳訴有理,路府州縣不行,訴之省部臺院,省部臺院不行,經乘輿訴之。 未訴省部臺院,輒經乘輿訴者,罪之。 諸職官誣告人枉法贓者,以其罪罪之,除名不敘。 諸奴婢誣告其主者處死,本主求免者,聽減一等。 諸以奴告主私事,主同自首,奴杖七十七。
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.
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○鬥毆
Affray
10
諸鬥毆,以手足擊人傷者,笞二十七,以他物者三十七。 傷及拔發方寸以上,四十七。 若血從耳目出及內損吐血者,加一等。 折齒、毀缺耳鼻、眇一目及折手足指,若破骨及湯火傷人者,杖六十七。 折二齒二指以上,及髡發,並刃傷、折人肋、眇人兩目、墮人胎,七十七。 以穢物汙人頭面者,罪亦如之。 折跌人肢體,及瞎其目者,九十七。 辜內平復者,各減二等。 即損二事以上,及因舊患,令至篤疾,若斷舌及毀敗人陰陽者,一百七。 諸訴毆詈,有闌告者勿聽,違者究之。 諸保辜者,手足毆傷人,限十日。 以他物毆傷者,二十日。 以刃及湯火傷人者,三十日,折跌肢體及破骨者,五十日。 毆傷不相須,余條毆傷,及殺傷者準此。 限內死者,各依殺人論。 其在限外,及雖在限內,以他故死者,各依本毆傷法。 他故,謂別增余患而死者。 諸倡女鬥傷良人,辜限之外死者,杖七十七,單衣受刑。 諸毆傷人,辜限外死者,杖七十七。 諸以非理毆傷妻妾者,罪以本毆傷論,並離之。 若妻不為父母悅,以致非理毆傷者,罪減三等,仍離之。 諸職官毆妻墮胎者,笞三十七,解職,期年後降先品一等,註邊遠一任,妻離之。 諸以非理苦虐未成婚男婦者,笞四十七,婦歸宗,不追聘財。 諸舅姑非理陵虐無罪男婦者,笞四十七,男婦歸宗,不追聘財。 諸蒙古人與漢人爭,毆漢人,漢人勿還報,許訴於有司。 諸蒙古人斫傷他人奴,知罪願休和者聽。 諸以他物傷人,致成廢疾者,杖七十七,仍追中統鈔一十錠,付被傷人,充養濟之資。 諸因鬥毆,斫傷人成廢疾者,杖八十七,征中統鈔一十錠,付被傷人,充養濟之資。 為父還毆致傷者,征其鈔之半。 諸豪橫輒誣平人為盜,捕其夫婦男女,於私家拷訊監禁,非理陵虐者,杖一百七,流遠。 其被害有致殘廢者,人征中統鈔二十錠,充養贍之貲。 諸職官輒將養男去勢,以充閹官進納者,杖一百七,除名不敘,記過,義男歸宗。 諸以微故殘傷義男肢體廢疾者,加凡人折跌肢體一等論,義男歸宗,仍征中統鈔五百貫,充養贍之貲。 諸尊長輒以微罪刺傷弟侄雙目者,與常人同罪,杖一百七,追征贍養鈔二十錠給苦主,免流,識過於門; 無罪者,仍流。 諸弟雖聽其兄之仇,同謀剜其兄之眼,即以弟為首,各杖一百七,流遠,而弟加遠。 諸卑幼挾仇,輒刺傷尊長雙目成廢疾者,杖一百七,流遠。 諸以刃刺破人兩目成篤疾者,杖一百七,流遠,仍征中統鈔二十錠,充養贍之貲,主使者亦如之。 諸挾仇傷人之目者,若一目元損,又傷其一目,與傷兩目同論,雖會赦,仍流。 諸因爭誤瞎人一目者,杖七十七,征中統鈔五十兩,充醫藥之貲。
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
諸脫脫禾孫輒毆傷往來使臣者,笞四十七,解職記過。 諸職官輒以他物毆傷使臣者,杖六十七。 諸司屬官輒毆本管上司幕官者,笞四十七,解職記過。 諸方鎮僚屬輒以他物毆傷主帥者,杖六十七,幕官使酒罵長官者,笞四十七,並解職別敘,記過。 諸按部官因爭辯,輒毆有司官,有司官還毆者,各笞三十七,解職。 諸監臨官挾怨,當廳扯捽屬官,屬官輒毆之者,笞四十七,解職。 諸方面大臣,不能以正率下,輒與幕屬公堂鬥爭,雖會赦,並罷免記過,赦前無招者還職。 諸職官輒毆傷所監臨,以所毆傷法論罪,記過。 諸職官毆傷同署長官者,笞五十七,解見任,降先品一等敘,仍記過名。 諸有司長官,輒毆同位正官者,笞三十七,毆佐貳官者,二十七,並解職記過。 諸同僚改除,復以私忿相毆詈者,皆罷其所受新命。 諸在閑職官,輒毆詈本籍在任長官者,杖六十七。 諸職官相毆,其官等,從所傷輕重論罪。 諸軍官縱酒,因戲而怒,故毆傷有司官者,笞三十七,記過。 諸幕僚因公輒以惡言詈長官者,笞四十七,長官輒還毆者,笞一十七,並記過名。 諸職官乘醉當街毆傷平人者,笞四十七,記過。 諸職官閑居與庶民相毆者,職官減一等,聽罰贖。 諸以他物毆傷職官者,加一等,笞五十七。 諸小民恃年老毆詈所屬官長者,杖六十七,不聽贖。 諸惡少無賴輒毆傷禁近之人者,杖七十七。
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
○殺傷
Killing and Injury
13
諸殺人者死,仍於家屬征燒埋銀五十兩給苦主,無銀者征中統鈔一十錠,會赦免罪者倍之。 諸部民毆死官長,主謀及下手者皆處死,同毆傷非致命者,杖一百七,流遠,均征燒埋銀。 諸殺人還自殺不死者,仍處死。 諸殺人從而加功,無故殺之情者,會赦仍釋之。 諸鬥毆殺人,先誤後故者,即以故殺論。 諸因鬥毆,以刃殺人,及他物毆死人者,並同故殺。 諸因爭以刃傷人,幸獲生免者,杖一百七。 諸持刃方殺人,人覺而逃,卻移怒殺所解勸者,與故殺同。 諸有司征科急,民弗堪,致殺其征科者,仍以故殺論。 諸醉中欲殺其妻不得,移怒殺死其解紛之人者,處死。 諸欲誘倡女逃,不從輒殺之者,與殺常人同。 諸鬥毆殺人者,結案待報。 諸人殺死其父,子毆之死者,不坐,仍於殺父者之家征燒埋銀五十兩。 諸蒙古人因爭及乘醉毆死漢人者,斷罰出征,並全征燒埋銀。 諸因閧爭,一人誤蹂死小兒,一人毆人致死,毆者結案,蹂者杖一百七,並征燒埋銀。 諸有人戲調其妻,夫遇而毆之,因傷而死者,減死一等論罪,仍征燒埋銀。 諸毆死應捕殺惡逆之人者,免罪,不征燒埋銀。 諸以他物傷人,傷毒流註而死,雖在辜限之外,仍減殺人罪三等坐之。 諸因爭,以頭觸人,與人俱仆,肘抵其心,邂逅致死者,杖一百七,全征燒埋銀。 諸出使從人,毆死館夫者,以毆殺論。 諸因戲言相毆,致傷人命者,杖一百七。 諸父亡,母復納他人為夫,即為義父。 若逐其子出居於外,即同凡人,其有所鬥毆殺傷,即以凡人鬥毆殺傷論。 諸彼此有罪之人,相格致死者,與殺常人同。
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
諸職官以微故毆死齊民者,處死,諸職官受贓,為民所告,輒毆死告者,以故殺論。 諸軍官因公乘怒,輒命麾下毆人致死者,杖八十七,解職,期年後降先品一等敘,征燒埋銀給苦主,若會赦,仍殿降征銀。 諸閫帥侵盜系官錢糧,怒吏發其奸,輒令人毆死者,以故殺論,雖會大赦,仍追奪不敘,倍征燒埋銀。 諸局院官輒以微故毆死匠人者,處死。
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
諸父無故以刃殺其子者,杖七十七。 諸子不孝,父與弟侄同謀置之死地者,父不坐,弟侄杖一百七。 諸女已嫁,聞女有過,輒殺其女者,笞五十七,追還元受聘財,給夫別娶。 諸父有故毆其子女,邂逅致死者,免罪。 諸後夫毆死前夫之子者,處死。 諸妻故殺妾子者,杖九十七,從其夫嫁賣。 諸男婦雖有過,舅姑輒加殘虐致死者,杖一百七。 諸子不孝,父殺其子,因及其婦者,杖七十七,婦元有妝奩之物,盡歸其父母。 諸以細故殺其弟者,處死。 諸兄以立繼之子,主謀殺其嫡弟者,主謀下手皆處死,其田宅人口財物盡歸死者妻子,其子歸宗。 諸弟先毆其兄,兄還殺其弟,即兄殺有罪之弟,不以凡人鬥殺論。 諸因爭誤毆死異居弟者,杖七十七,征燒埋銀之半。 諸因爭故殺族弟者,與殺常人同。 諸妹為尼與人私,兄聞而諫之,不從,反詬詈扯捽其兄,兄殺之,即兄殺有罪之妹,不以凡人鬥殺論。 諸兄毆弟妻,因傷而死者,杖一百七,征燒埋銀。 諸嫂溺死其小姑者,以故殺論。 諸因爭毆死族兄弟之子者,杖一百七; 故以刃殺之者,處死,並征燒埋銀。 諸毆死兄弟之子而圖其財者,處死。 諸夫婦同謀,殺其兄弟之子者,皆處死。 諸尊長誤毆卑幼致死者,杖七十七,異居者仍征燒埋銀。 諸以微過輒殺其妻者,處死。 諸因夫妻反目,輒藥死其妻者,與故殺常人同。 諸妻悖慢其舅姑,其夫毆之致死者,杖七十七。 諸夫臥疾,妻不侍湯藥,又詬詈其舅姑,以傷其夫之心,夫毆之,邂逅致死者,不坐。 諸夫惡妻而愛妾,輒求妻微罪而殺之者,處死。 諸風聞涉疑,故殺定婚妻者,與殺凡人同論。 諸妻以殘酷毆死其妾者,杖一百七,去衣受刑。 諸舅以無實之罪故殺其甥者,與殺常人同論。 諸因爭挾仇毆死其婿者,與殺常人同。
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
諸奴毆詈其主,主毆傷奴致死者,免罪。 諸故殺無罪奴婢,杖八十七,因醉殺之者,減一等。 諸毆死擬放良奴婢者,杖七十七。 諸謀殺已放良奴婢者,與故殺常人同。 諸良人以鬥毆殺人奴,杖一百七,征燒埋銀五十兩。 諸良人戲殺他人奴者,杖七十七,征燒埋銀五十兩。 諸奴毆死其弟,弟亦為同主奴,主乞貸死者聽。 諸異主奴婢相犯死者,同常人; 同主相犯至重刑者,仍依例結案。 諸地主毆死佃客者,杖一百七,征燒埋銀五十兩。
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
諸醉中誤認他人為仇人,故殺致命者,雖誤同故。 諸奴受本主命,執仇殺人者,減死流遠。 諸挾仇殺人會赦,為首下手者不赦,為從不曾下手者免死,徒一年,諸以老病殺人者,不以老病免。 諸謀故殺人年七十以上,並枷禁歸勘結案。 諸兩家之子,昏暮奔還,中路相迎,撞仆於地,因傷致死者,不坐,仍征鈔五十兩給苦主。 諸十五以下小兒,過失殺人者,免罪,征燒埋銀。 諸十五以下小兒,因爭毀傷人致死者,聽贖,征燒埋銀給苦主。 諸瞽者毆人,因傷致死,杖一百七,征燒埋銀給苦主。 諸病風狂,毆傷人致死,免罪,征燒埋銀。 諸庸醫以針藥殺人者,杖一百七,征燒埋銀。 諸飏磚石剝鄰之果,誤傷人致死者,杖八十七,征燒埋銀。 諸軍士習射,招箭者不謹,致被傷而死,射者不坐,仍征燒埋銀。 諸過誤踏死小兒,杖七十七,征燒埋銀給苦主。 諸昏夜馳馬,誤觸人死,杖七十七,征燒埋銀。 諸驅車走馬,致傷人命者,杖七十七,征燒埋銀。 諸昏夜行車,不知有人在地,誤致轢死者,笞三十七,征燒埋銀之半給苦主。 諸幼小自相作戲,誤傷致死者,不坐。 諸戲傷人命,自願休和者聽。 諸兩人作戲爭物,一人放手,一人失勢跌死,放者不坐。 諸以物戲驚小兒,成疾而死者,杖六十七,追征燒埋銀五十兩。 諸以戲與人相逐,致人跌傷而死者,其罪徒,仍征燒埋銀給苦主。 諸駱駝在牧,嚙人而死者,牧人笞一十七,以駱駝給苦主。 諸驛馬在野,嚙人而死者,以其馬給苦主,馬主別買當役。 諸奴故殺其子女,以誣其主者,杖一百七。 諸因爭,以妻前夫男女溺死,誣賴人者,以故殺論。 諸後夫置毒飲食,與前夫子女食而死者,與藥死常人同。 諸故殺無罪子孫,以誣賴仇人者,以故殺常人論。 諸殺人無苦主者,免征燒埋銀,犯人財產人口並付其妻子,仍為民當差。 諸殺有罪之人,免征燒埋銀。 諸圖財謀故殺人多者,皆淩遲處死,驗各賊所殺人數,於家屬均征燒埋銀。 諸同居相毆而死,及殺人罪未結正而死者,並不征燒埋銀。 諸殺人者,被殺之人或家住他所,官征燒埋銀移本籍,得其家屬給之。 諸鬥毆殺人,應徵燒埋銀,而犯人貧窶,不能出備,並其餘親屬無應徵之人,官與支給。 諸致傷人命,應徵燒埋銀者,止征銀價中統鈔一十錠。 諸因爭同毆死人,會赦應倍征燒埋銀者,為首致命征中統鈔一十錠,為從均征一十錠。 諸毆死人,雖不見屍,招證明白者,仍征燒埋銀。 諸僧道殺人,燒埋銀於常住追征。 諸庸作毆傷人命,征燒埋銀,不及庸作之家。 諸奴毆人致死,犯在主家,於本主征燒埋銀; 不犯在主家,燒埋銀無可征者,不征於其主。
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
○禁令
Prohibitions
19
諸度量權衡不同者,犯人笞五十七。 司縣正官,初犯罰俸一月,再犯笞二十七,三犯別議,仍記過名。 路府州縣達魯花赤長官提調失職,初犯罰俸二十日,再犯別議。 諸奏目及官府公文,並用國字,其有襲用畏兀字者,禁之。 諸但降詔旨條畫,民間輒刻小本賣於市者,禁之。 諸內外應佩符職官,輒以符付其傔從佩服者,禁之。 諸官員朝會,服其朝服,私致敬於人臣者罰。 諸隨朝文武百官,朝賀不至者,罰中統鈔十貫,失儀者罰中統鈔八貫。 諸宰相出入,輒敢沖犯者,罪之。
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
諸章服,惟蒙古人及宿衛之士,不許服龍鳳文,余並不禁。 謂龍,五爪二角者。 職官一品、二品許服渾金花,三品服金答子,四品、五品服雲袖帶襕,六品、七品服六花,八品、九品服四花,職事散官從一高。 命婦一品至三品服渾金,四品、五品服金答子,六品以下惟服銷金並金紗答子。 首飾,一品至三品許用金珠寶玉,四品、五品用金玉真珠,六品以下用金,惟耳環用珠玉。 同籍者,不限親疏,期親雖別籍並出嫁同。 車輿並不得用龍鳳文,一品至三品許用間金妝飾、銀螭頭、繡帶、青幔,四品、五品用素獅頭、繡帶、青幔,六品至九品用素雲頭、素帶、青幔。 內外有出身考滿應入流見役人員,服用與九品同。 受各投下令旨鈞旨,有印信見任人員,亦與九品同。 庶人惟許服暗花纻絲、絲綢綾羅、毛毳,不許用赭黃,冒笠不得飾以金玉,靴不得裁置花樣。 首飾許用翠花金釵篦各一事,惟耳環許用金珠碧甸,余並用銀。 車輿,黑油齊頭平頂皂幔。 諸色目人,除行營帳外,余並與庶人同。 職官致仕與見任同,解降者依應得品級; 不敘者與庶人同。 父祖有官,既歿年深,非犯除名不敘,其命婦及子孫與見任同。 諸樂人工藝人等服用,與庶人同,凡承應妝扮之物,不拘上例。 皂隸公使人,惟許服綢絹。 倡家出入,止服皂褙,不許乘坐車馬。 應服色等第,上得兼下,下不得僭上,違者,職官解見任,期年後降一等敘,余人笞五十七,違禁之物,付告捉人充賞。 禦賜之物,不在禁限。 諸官員以黃金飾甲者禁之,違者甲匠同罪。 諸常人鞍韂,畫虎兔者聽,畫雲龍犀牛者,禁之。 諸段匹織造周身大龍者,禁之,胸背小龍者勿禁。 諸市造鞍轡箭鏃靴履及諸雜帶,用金為飾者,禁之。
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
諸郡縣達魯花赤及諸投下,擅造軍器者,禁之。 諸神廟儀仗,止以土木紙彩代之,用真兵器者禁。 諸都城小民,造彈弓及執者,杖七十七,沒其家財之半,在外郡縣不在禁限。 諸打捕及捕盜巡馬弓手、巡鹽弓手,許執弓箭,余悉禁之。 諸漢人持兵器者,禁之; 漢人為軍者不禁。 諸賣軍器者,賣與應執把之人者不禁。 諸民間有藏鐵尺、鐵骨朵,及含刀鐵拄杖者,禁之。 諸私藏甲全副者,處死; 不成副者,笞五十七,徒一年; 零散甲片下堪穿系禦敵者,笞三十七。 槍若刀若弩私有十件者,處死; 五件以上,杖九十七,徒三年; 四件以上,七十七,徒二年; 不堪使用,笞五十七。 弓箭私有十副者,處死; 五副以上,杖九十七,徒三年; 四副以下,七十七,徒二年; 不成副,笞五十七。 凡弓一,箭三十,為一副。
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
諸嶽瀆祠廟,輒敢觸犯作踐者,禁之。 諸伏羲、媧皇、堯、舜、禹、湯、后土等廟,軍馬使臣敢沮壞者,禁之。 諸名山大川寺觀祠廟,並前代名人遺跡,敢拆毀者,禁之。 諸改寺為觀,改觀為寺者,禁之。 諸祠廟寺觀,模勒御寶聖旨及諸王令旨者,禁之。
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
諸為子行孝,輒以割肝、刲股、埋兒之屬為孝者,並禁止之。 諸民間喪葬,以紙為屋室,金銀為馬,雜彩衣服帷帳者,悉禁之。 諸墳墓以磚瓦為屋其上者,禁之。 諸家廟春秋祭祀,輒用公服行禮者,禁之。 諸民間祖宗神主,稱皇字者,禁之。 諸小民房屋,安置鵝項銜脊,有鱗爪瓦獸者,笞三十七,陶人二十七。 諸職官居見任,雖有善政,不許立碑,已立而犯贓汙者毀之,無治狀以虛譽立碑者毀之。
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
諸夜禁,一更三點,鐘聲絕,禁人行。 五更三點,鐘聲動,聽人行。 違者笞二十七,有官者聽贖。 其公務急速,及疾病死喪產育之類不禁。 諸有司曉鐘未動,寺觀輒鳴鐘者,禁之。 諸江南之地,每夜禁鐘以前,市井點燈買賣,曉鐘之後,人家點燈讀書工作者,並不禁。 其集眾祠禱者,禁之。 諸犯夜拒捕,斫傷僥巡者,杖一百七。
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
諸城郭人民,鄰甲相保,門置水徹,積水常盈,家設火具,每物須備,大風時作,則傳呼以徇於路。 有司不時點視,凡救火之具不備者,罪之。 諸遺火延燒系官房舍,杖七十七; 延燒民房舍,笞五十七; 因致傷人命者,杖八十七; 所毀房舍財畜,公私俱免征償。 燒自己房舍者,笞二十七,止坐失火之人。 諸煎鹽草地,輒縱野火延燒者,杖八十七,因致闕用者,奏取聖裁。 鄰接管民官,專一關防禁治。 諸縱火圍獵,延燒民房舍錢谷者,斷罪勒償,償未盡而會赦者,免征。 諸故燒太子諸王房舍者,處死。 諸故燒官府廨宇,及有人居止宅舍,無問舍宇大小,財物多寡,比同強盜,免刺,杖一百七,徒三年; 因傷人命,同殺人。 其無人居止空房,並損壞財物,及田場積聚之物,同竊盜,免刺,計贓斷罪。 因盜取財物者,同強盜,刺斷,並追陪所燒物價; 傷人命者,仍征燒埋銀。 再犯者決配,役滿,徙千里之外。 諸挾仇放火,隨時撲滅,不曾延燎者,比強盜不曾傷人不得財,杖七十七,徒一年半,免刺,雖親屬相犯,比同常人。
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
諸每月朔望二弦,凡有生之物,殺者禁之。 諸郡縣歲正月五月,各禁宰殺十日,其饑饉去處,自朔日為始,禁殺三日。 諸每歲,自十二月至來歲正月,殺母羊者,禁之。 諸宴會,雖達官,殺馬為禮者,禁之。 其有老病不任鞍勒者,亦必與眾驗而後殺之。 諸私宰牛馬者,杖一百,征鈔二十五兩,付告人充賞。 兩鄰知而不首者,笞二十七。 本管頭目失覺察者,笞五十七。 有見殺不告,因脅取錢物者,杖七十七。 若老病不任用者,從有司辨驗,方許宰殺。 已病死者,申驗開剝,其筋角即付官,皮肉若不自用,須投稅貨賣,違者同匿稅法。 有司禁治不嚴者,糾之。 諸私宰官馬牛,為首杖一百七,為從八十七。 諸助力私宰馬牛者,減正犯人二等論罪。 諸牛馬驢騾死,而筋角不盡實輸官者,一副以上,笞二十七; 五副以上,四十七; 十副以上,杖六十七,仍征所犯物價,付告人充賞。
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
諸毀傷體膚以行丐於市者,禁之。 諸城郭內外放鴿帶鈴者,禁之。 諸諸王駙馬及諸權貴豪右,侵占山場,阻民樵采者,罪之。 諸關譏不嚴,受財故縱者,罪之。 諸江河津渡,或明知潮信已到,及風濤將起,貪索渡錢,淹延不渡,以致中流覆溺,傷害人命者,為首處死,為從減一等。
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
諸棄俗出家,不從有司體覆,輒度為僧道者,其師笞五十七,受度者四十七,發元籍。 諸以白衣善友為名,聚眾結社者,禁之。 諸色目僧尼女冠,輒入民家強行抄化者,禁之。 諸僧道偽造經文,犯上惑眾,為首者斬,為從者各以輕重論刑。 諸以非理迎賽祈禱,惑眾亂民者,禁之。 諸俗人集眾鳴鐃作佛事者,禁之。 諸軍官鳩財聚眾,張設儀衛,鳴鑼擊鼓,迎賽神社,以為民倡者,笞五十七,其副二十七,並記過。 諸陰陽家天文圖讖應禁之書,敢私藏者罪之。 諸陰陽家偽造圖讖,釋老家私撰經文,凡以邪說左道誣民惑眾者,禁之,違者重罪之。 在寺觀者,罪及主守,居外者,所在有司察之。 諸妄言禁書者,徒。 諸陰陽家者流,輒為人燃燈祭星,蠱惑人心者,禁之。 諸妄言星變災祥,杖一百七。 諸陰陽法師,輒入諸王公主駙馬家者,禁之。 諸以陰陽相法書符咒水,凡異端之朮,惑亂人聽,希求仕進者,禁之,違者罪之。
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
諸寫匿名文書,所言重者處死,輕者流,沒其妻子,與捕獲人充賞。 事主自獲者不賞。 諸寫匿名文字,訐人私罪,不涉官事者,杖七十七。 諸投匿名文字於人家,脅取錢物者,杖八十七,發元籍。 諸見匿名文書,非隨時敗獲者,即與燒毀; 輒以聞官者,減犯人二等論罪。 凡匿名文字,其言不及官府,止欲訐人罪者,如所訐論。
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
諸民間子弟,不務生業,輒於城市坊鎮演唱詞話,教習雜戲,聚眾淫謔,並禁治之。 諸弄禽蛇、傀儡,藏擫撇鈸、倒花錢、擊魚鼓,惑人集眾,以賣偽藥者,禁之,違者重罪之。 諸棄本逐末,習用角之戲,學攻刺之術者,師弟子並杖七十七。 諸亂制詞曲為譏議者,流。
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
諸賭博錢物,杖七十七,錢物沒官,有官者罷見任,期年後雜職內敘。 開張博房之家,罪亦如之,再犯加徒一年。 應捕故縱,笞四十七,受財者同罪。 有司縱令攀指平人,及在前同賭人,罪及官吏。 賭飲食者,不坐。 諸賭博錢物,同賭之人自首者,勿論。 諸賭博,因事發露,追到攤場,賭具贓證明白者,即以本法科論,不以展轉攀指革撥。
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
諸故縱牛馬食踐田禾者,禁之。 諸所在鎮守蒙古、漢軍,各立營所。 無故輒入人家,求索酒食,及縱頭匹食踐田禾桑果,罪及主將。 諸藩王無都省文書,輒於各處征收差發,強取飲食草料,為民害者,禁之。
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
諸有虎豹為害之處,有司嚴勒官兵及打捕之人,多方捕之。 其中不應捕之人,自能設機捕獲者,皮肉不須納官,就以充賞。 諸職官違例放鷹,追奪當日所服用鞍馬衣物沒官。 諸所撥各官圍獵山場,並毋禁民樵采,違者治之。 諸年谷不登,人民愁困,諸王達官應出圍獵者,並禁止之。 諸田禾未收,毋縱圍獵,於迤北不耕種之地圍獵者聽。 諸軍人受財,偽造火印,將所管官馬盜換與人者,杖九十七,追贓沒官。 諸年谷不登,百姓饑乏,遇禁地野獸,搏而食之者,毋輒沒入。 諸打捕鷹坊官,以合進禦膳野物賣價自私者,計贓以枉法論,除名不敘。 諸舟車之靡、器服之奇,方面大臣非錫貢不得擅進。
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
諸闌遺人口到監,即移所稱籍貫,召主識認。 半年之上無主識認者,匹配為戶,付有司當差。 殘疾老病,給以文引,而縱遣之。 頭匹有主識認者,征還已有草料價錢,然後給主; 無主識認,則籍其毛齒而收養之。 諸闌遺奴婢,私相配合,雖生育子女,有主識認者,各歸其主,無本主者官與收系。 諸隱藏闌遺鷹犬者,笞三十七,沒其家財之半。 其收拾闌遺鷹犬之人,因以為民害者,罪之。
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
諸鋤獲宿藏之物,在他人地內者,與地主中分,在官地內者一半納官,在己地內者即同業主。 得古器珍寶之物者,聞官進獻,約量給價,若有詐偽隱匿,斷罪追沒。
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
諸監臨官輒舉貸於民者,取與俱罪之。 諸稱貸錢谷,年月雖多,不過一本一息,有輒取贏於人,或轉換契券,息上加息,或占人牛馬財產,奪人子女以為奴婢者,重加之罪,仍償多取之息,其本息沒官。 諸典質,不設正庫,不立信帖,違例取息者,禁之。
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
諸關廂店戶,居停各旅,非所知識,必問其所奉官府文引,但有可疑者,不得容止,違者罪之。 諸官戶行錢商船,輒豎旗號,置弓箭鑼鼓,揭錢主衙門職名,往來江河者,禁之。 諸經商及因事出外,必從有司會問鄰保,出給文引,違者究治。 諸投下並其餘有印信衙門,並不得濫給文引。
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
諸有毒之藥,非醫人輒相賣買,致傷人命者,買者賣者皆處死。 不曾傷人者,各杖六十七,仍追至元鈔一百兩,與告人充賞。 不通醫術,制合偽藥,於市井貸賣者,禁之。
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
諸下海使臣及舶商,輒以中國生口、寶貨、戎器、馬匹遺外番者,從廉訪司察之。 諸商賈收買金銀下番者,禁之,違者罪之。 諸海濱豪民,輒與番商交通貿易銅錢下海者,杖一百七。
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
諸倡妓之家,所生男女,每季不過次月十日,會其數以上於中書省。 有未生墮其胎、已生輒殘其命者,禁之。 諸倡妓之家,輒買良人為倡,而有司不審,濫給公據,稅務無憑,輒與印稅,並嚴禁之,違者痛繩之。
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
○雜犯
Miscellaneous Offenses
42
諸鬥爭折辨,輒提大名字者,罪之。 諸職官因公失口亂言者,笞二十七。 諸快意中或酒後及害風狂疾,失口亂言,別無情理者,免罪。
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
諸惡少無賴,結聚朋黨,陵轢善良,故行鬥爭,相與羅織者,與木偶連鎖,巡行街衢,得後犯人代之,然後決遣。 諸惡少白晝持刀劍於都市中,欲殺本部官長者,杖九十七。 諸無賴軍人,輒受財毆人,因奪取錢物者,杖八十七,紅泥粉壁識過其門,免徒。 諸先作過犯,曾經紅泥粉壁,後犯未應遷徙者,於元置紅泥粉壁添錄過名。
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
諸豪右權移官府,威行鄉井,淫暴貪虐,累犯不悛者,徙遠惡之地屯種。 諸頻犯過惡,累斷不改者,流遠。 諸凶人殘害良善,強將男子去勢,絕滅人後,幸獲生免者,杖一百七,流遠。 諸貴勢之家,奴隸有犯,輒私置鐵枷,釘項禁錮,及擅刺其面者,禁之。 諸獲逃奴,輒刺面劓鼻,非理殘苦者,禁之。 諸無故擅刺其奴者,杖六十七。 諸啰哩、回回為民害者,從所在有司禁治。
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
○捕亡
Capture of Fugitives
46
諸失盜,捕盜官不立限捕盜,卻令他戶陪償事主財物者,罰俸兩月,仍立限追捕。 諸強盜殺人,三限不獲,會赦,捕盜官合得罪罰革撥,仍令捕盜,任滿不獲,解由內通行開寫,依例黜降。 諸他境盜入境逃藏,捕盜官輒分彼疆此界,不即捕捉者,笞四十七,解職別敘,記過。
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
諸已斷流囚,在禁未發,反獄毆傷禁子,已逃復獲者,處死; 未出禁者杖一百七,發已擬流所。 諸解發囚徒,經過州縣止宿,不寄收牢房,輒於逆旅監系,以致脫監在逃者,長押官笞二十七,還役; 防送官四十七,記過。 諸囚徒反獄而逃,主守減犯人罪二等,提牢官又減主守四等。 隨時捉獲及半以上者,罰俸一月。
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
諸奴婢背主而逃,杖七十七; 誘引窩藏者,六十七。 鄰人、社長、坊里正知不首捕者,笞三十七; 關譏應捕人受贓脫放者,以枉法論。 寺觀、軍營、勢家影蔽,及投下冒收為戶者,依藏匿論,自首者免罪。 諸告獲逃奴者,於所將財物內,三分取一,付告獲人充賞。 諸逃奴拒捕,不曾致傷人命者,仗一百七。
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
○恤刑
Lenient Punishment
50
諸獄囚,必輕重異處,男女異室,毋或參雜。 司獄致其慎,獄卒去其虐,提牢官盡其誠。 諸在禁囚徒,無親屬供給,或有親屬而貧不能給者,日給倉米一升,三升之中,給粟一升,以食有疾者。 凡油炭席薦之屬,各以時具。 其饑寒而衣糧不繼,疾患而醫療不時,致非理死損者,坐有司罪。 諸各處司獄司看守囚徒,夜支清油一斤。 諸路府州縣,但停囚去處,於鼠耗糧內放支囚糧。 諸在禁無家屬囚徒,歲十二月至於正月,給羊皮為披蓋,袴襪及薪草為暖匣熏炕之用。 諸獄訟,有必聽候歸對之人,召保知在,如無保識,有司給糧養濟,勿寄養於民家。 諸流囚在路,有司日給米一升,有疾命良醫治之,疾愈隨時發遣。 諸獄醫,囚之司命,必試而後用之,若有弗稱,坐掌醫及提調官之罪。 諸獄囚病至二分,申報漸增至九分,為死證,若以重為輕,以急為緩,誤傷人命者,究之。 諸獄囚有病,主司驗實,給醫藥,病重者去枷鎖杻,聽家人入侍。 職事散官五品以上,聽二人入侍。 犯惡逆以上,及強盜至死,奴婢殺主者,給醫藥而已。 諸有司,在禁囚徒饑寒,衣食不時,病不督醫看候,不脫枷杻,不令親人入侍,一歲之內死至十人以上者,正官笞二十七,次官三十七,還職; 首領官四十七,罷職別敘,記過。 諸孕婦有罪,產後百日決遣,臨產之月,聽令召保,產後二十日,復追入禁。 無保及犯死罪者,產時令婦人入侍。 諸犯死罪,有親年七十以上,無兼丁侍養者,許陳請奏裁。 諸有罪年七十以上、十五以下,及篤廢殘疾罰贖者,每笞杖一,罰中統鈔一貫。 諸疑獄,在禁五年之上不能明者,遇赦釋免。
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
○平反
Rectification
52
諸官吏平反冤獄,應賞者,從有司保勘,廉訪司體覆,而後議之。 其有冒濫不實者,罪及保勘體覆官吏。 諸路府軍民長官,因收捕反叛,輒羅織平民,強奸室女,殺虜人口財產,並覆人之家,其同僚能理平民之冤,正犯人之罪,歸其俘虜,活其死命者,於本官上優升一等遷用。 凡職官能平反重刑一起以上,升等同。 諸職官能平反冤獄一起之上,與減一資。 諸路府曹吏,能平反冤獄者,於各道宣慰司部令史補用。
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.