Chapter Seventy-Six—General Understanding of the Law
On the 6th day of the ninth month of the twelfth year of Shunzhi, in the morning, after the imperial gate listened to the government, in the northeast corner of the Forbidden City, the Shangfang Courtyard of the Thirteen Yamen [1].
Dorobelle of the Great Qing Dynasty, the second son of the emperor, the prime minister of the Lower Five Banners Clan, the minister of the left president of the firearms battalion, Aixin Jueluo Xuanye, or in other words: Zeng Hongyi, a citizen of the People's Republic of China and a state civil servant at the level of deputy director of a central ministry, wore a crown and a crown, and sat in the upper left position of the lobby of Shangfang Yuan, supervising the trial of the "case of Sun Gouzi, a man with a white flag and a coat of white flags, beating the clan".
Hongyi took advantage of the time after the dispersal of the dynasty, at the request of two scholars of the Inner Hanlin Academy, Sehei and Jueluo Bahana, to explain in detail the original intention and measures of the "reform" of the Five Banners, so that they could draft an edict that could satisfy the emperor, and then rushed to Shangfang Yuan with Bahana, who was also a scholar of the Criminal Department.
The chief judge of today's case, one is Wang Yuele of Zongren's Mansion Zongling'an County, and the other is Manshang Shujue Luo Bahana of the Criminal Department[2], who is ranked Zuihou, but it is the chief official of this Shangfang Academy, Langzhong Shang Ligui!
Hongyi, who participated in the court trial for the first time, experienced a bloody stimulation. Looking at Zhang Gouzi, who can't be said to be kneeling, but can only be counted as lying on his stomach, Hongyi really has some thoughts about reforming this policy of extorting confessions by torture as soon as possible!
It was only three days ago that he was still a flying and invincible banner master minion, but now there is no trace of human form, if it weren't for the breath like a gossamer, with the fluttering of the scattered braids in front of him, the person in front of him can basically be regarded as a few rags, plus a pile of flesh and blood and broken bones.
Hongyi also knows that the Sun Gouzi at the bottom is actually picked up by himself, and today's half-dead, one percent is his cocoon and self-restraint, but ninety percent is the result of his own tricks. It's no wonder that these eunuchs in Shangfang Courtyard, which one of them knew that this kid beat him up and beat his most favored second son at the moment, Lord Belle, and he didn't kill him? Today's Sun Gouzi, in just three days, must be begging for a quick death!
Thinking of this, Hongyi was a little unbearable, and once again silently recited in his heart the relevant passages in the "Supplementary Regulations of the Great Qing Dynasty Law Collection" that Ji Kaisheng copied for him yesterday afternoon, and made up his mind.
"Sun Gouzi, our family asks you, are you guilty!" Sun Ligui of Shangfang Yuan Langzhong habitually looked for his own shocking wood, but remembered that he had already been in front of Yue Le, and he didn't dare to shoot any table on his own, so he just asked loudly.
"Minions...... Guilty ...... "Sun Gouzi is so angry that he has no idea of living."
"What do you know about the crime?" Shangshu Bahana of the Criminal Department glanced at Shang Ligui with great disdain, and asked faintly. Originally, in front of himself, the chief "leader" of the three legal divisions, a little eunuch, he didn't know what a case was!
"Slave ......" Sun Gouzi is ready to open his mouth to admit all the guilt, so that he can have a good time as soon as possible.
"Bold! The culprit is a dog! You can be a minion too! Bahana seized on the flaw and shouted!
"Yes...... Sinner Sun Dog...... It deserves to be a capital offense! Sun Gouzi seemed to have exhausted a trace of Zuihou's strength, and trembled on the ground.
Hongyi was desolate for a while, he regarded the slave as a superior capital back then, and today he is in prison, but he is not even worthy of being a slave!
"King Anjun, Lord Belle, the culprit has pleaded guilty. In this case, can he be convicted of a capital offense and sentenced to 'behead a prisoner' by the Shangfang Yuan in accordance with the Hadith, and the special book with the title shall be sent to the Fa Si Ke Dao, and the secretary of the three courts[3] of Ti Nei [3] will draft a vote [4] and submit it to the three law divisions for approval. ”
Bahana was full of confidence, and was ready to follow the emperor's hadith in the court that day, and as soon as possible, he did the kneeling dog slaves below, so as to earn the favor of some emperors, as well as the prime minister of the Lower Five Banners Sect and the second son of the emperor with efficient and high-quality services. After all, the lower five flags have become the exclusive property of the royal family in the court today, and as a person with a white flag, this little guy on the side has nominally become his own half master!
"Lord Belle, what do you think?" Yue Le asked politely. As a clan that was beaten, if Xiao Xuanye came to a request such as "not to be imprisoned, to make a decision", it would be reasonable, and it would be very simple!
"Fourth uncle, Lord Jueluoba, and Sun Langzhong, Xuan Ye has something unclear, and I want to ask what is going on." As soon as Hongyi's words came out, Sun Gouzi immediately sifted up the chaff like a pendulum, but he was no longer able to cry out for anything like sparing his life.
"Back to Lord Belle's words, the slave thought that the culprit Sun Gouzi was deeply guilty, and according to the "Supplementary Regulations of the Great Qing Dynasty", it was reasonable to 'cut the decision'. It's just that, it's just ...... This 'Ling Chi' execution is a bit far-fetched. "Sun Ligui, the lowest official rank in Shangfang Yuanlang, came forward at the right time, if he offends the master because of this, only he, the eunuch Liupin, can be regarded as a black face.
"Exactly, Xuan Ye must not destroy the majesty of the laws of the Qing Dynasty!" Yue Le didn't wait for Bahana to speak, and preemptively admonished him, for fear of damaging the authority that Xuan Ye had finally erected.
"Fourth uncle, that's not what my nephew meant." Hongyi, who was dressed in an official uniform, hugged his fists and saluted, then turned to Sun Ligui and asked:
"'Decision' is also in 'reasonable'? What is 'reasonable'? Please also ask Sun Langzhong to explain. ”
"This ......" Sun Ligui didn't understand what Hongyi meant, and was stunned.
"Let me ask again, the law is reasonable, who is bigger and who is small?"
"This ......" Yue Le and Bahana looked at each other, also at a loss.
"Then let me tell you about the inappropriateness, the three adults Haihan!" Hongyi sat on the specially made raised seat for himself, and said with a serious but not humble face, that means, you can't say it.
In the eyes of Bahana and Sun Ligui, the prime minister of the Lower Five Banners Sect, who had just officially walked in front of the children of the Eight Banners in the morning, could now be said to be in front of everyone in the clan, second only to the Zongren Mansion Zong Ling and Anjun Wang Yuele.
The Zongren Mansion Sect Decree has great powers, is in charge of the clan roster of the emperor's nine clans, writes the emperor's genealogy on time, and records the children's descendants, names, titles, hereditary titles, birth and death times, marriages, and burials. All the clans stated their requests, reported to the emperor on their behalf, brought in people of merit, and recorded their guilt and negligence. He is responsible for sending and receiving documents, managing the internal affairs of the clan, registering the yellow and red books, imprisoning criminals, and educating the children of the clan.
Therefore, in the eyes of the "yellow belt" and "red belt", Zongling is not only an official, but also a parent and even a patriarch, many big and small things, from the distribution of family property to the mediation of disputes. Therefore, the Zongren Mansion Sect Decree is a high-ranking and powerful role for all clan bannermen.
And this extra master, although he has made great achievements in the past, has always been outside the court, relying on the hands of others. Today's royal gate listens to the government, although it is the first time to participate in the government affairs, but "one step in place", become the "clan premier" of the five banners, although he does not hold real power, ignore the flag affairs, but this prime minister, quickly climbed to the prominent position under the order of the sect and above the banner owner. Even Yue Le himself was a little stunned!
However, Emperor Bixia has recently favored this son, so it is reasonable to arrange this way. Not only that, but Xiao Xuanye is also the "victim" of this case, and this "beaten clan" is this baby who is only two years old! So, if you want to say something, let's listen!
The three of them sat there and pondered, Hongyi naturally understood that this time he had completely taken the initiative, and all that remained was how to make this matter impressive!
"At that time, the Qin public martingale was ordered in the year of the people, and the country of the Qin people said that the inconvenience of the initial order was thousands. So the prince broke the law. Wei Ying said: "If the law does not work, it will be violated from above." Prince Shofa. The crown prince, the heir of the monarch, shall not be punished, and the punishment of his Fu Gongzi is pious, and his master Sun Jia is punished. Tomorrow, the Qin people will all follow the order. This is the so-called prince who violates the law and the common people are guilty of the same crime! ”
Hongyi first recited a passage of "Historical Records? At the same time, I am grateful that in the past two years, I have benefited from the preaching of the two old eunuchs of the former Ming Dynasty, as well as my own hard work, and this national learning foundation has long surpassed the fragmentation of the thirty-seven years in the previous life!
Seeing Yue Le and the three nodding, Hongyi continued:
"However, throughout the ages, the world has only known the top-down rule of law that 'the prince violates the law and the common people are guilty of the same crime', but they have never thought about how the bottom-up crime of 'the common people breaking the law in the prince's clan' should be punished? Sun Langzhong, you have tried many such cases, can you give me advice? ”
"This ...... The prime minister asked, and the servants dared to report: Anyone who commits a crime against the clan will be ruled in the law. Sun Ligui stood up from his seat and bowed to answer.
"How's that decided? Will it ignore the clan's words? Hongyi didn't get up either, and the eunuch officials of the Thirteen Yamen were opposite, and to put it bluntly, they were still their own domestic slaves.
"When judging, it is often slightly adjusted according to the intention of the sect master......" Sun Ligui showed a flattering face, thinking that the smart master was waiting for this sentence, and then logically sentenced the grandson under him!
"Ha, ha, ha, according to the will of the sect master? But if the subject is not a clan, will the basis of your severe judgment be the powerful? Could it be the rich? Could this iron law of the Qing Dynasty become the private property of the royal family and dignitaries? Hongyi was really waiting for this sentence, but he gave Sun Ligui a cruel word that was completely unexpected!
"Slaves don't dare! Slaves don't dare! The minions don't dare to do this! ”
"Sun Langzhong, please, this official is not what you think!" It was only at this time that Hongyi got up from his seat very humbly and personally helped Sun Ligui, who was trembling and lying on the ground like Sun Gouzi.
"What I mean is that whatever is in the statute, no matter who commits the crime, whether it is committed by the clan or the powerful, whatever is stated in the statute should be judged and punished according to the law, and should not be arbitrarily increased or subtracted according to the words of the victim! This can be the law that 'the common people break the law in the prince's clan'. Lord Kyaw Lopa, I wonder if this can be the case when the Three Laws Division adjudicates the case? ”
"Lord Belle, what you said is true, but if this is really implemented, it will be a little more difficult...... The slave is Jueluo, and the official residence is in the lobby of the Criminal Department, and this "Supplementary Regulations of the Great Qing Dynasty Law" is an iron law, but the affairs of this clan are sophisticated, and after all, it is also a royal event. If the minion is not doing well, let any of the clan princes Baylor's ram the minions[5], and the minions will not be able to eat and walk around! Therefore, the minions did not dare to spare those dog people who dared to commit disorderly crimes! Bahana looked embarrassed, but turned to Sun Gouzi in front of him.
"Haha, Master Ba don't have to be embarrassed, today, Xuan Ye will give you a good start and a good scene!" Hongyi's face was smug after his success.
"What do you mean, Prime Minister?" Yue Le, who was on the side, waved his hand to stop Bahana, who was still confused, and took over the topic.
"Lord Zongling," Hongyi heard Yue Le call his official position, knowing that this was reminding him of his identity and status, he also changed his name, and said:
"The "Supplementary Regulations of the Great Qing Dynasty Laws Collection and Interpretation" is approved by the emperor, can it be followed?"
"The ministers (minions) obey the holy will!" The three of them hurriedly expressed their attitude, the clan should take care of the situation, and the emperor's face must be sworn to the death!
"In that case, this Prime Minister recites one of the passages, and my lords should listen to what is wrong!" Without waiting for a few people to reply, Hongyi recited by himself:
"The third hundred and zero articles of the "Law" paragraph "The Relatives of the Sect Jueluo and the Above Relatives Were Beaten" contains: Whoever is beaten by the Sect Jueluo shall be punished with 60 rods for one year [although there is no injury]; and the wounded shall be eighty years of rods and two years; If the injury is more than 80 years of cane, it will be added to the second class [3 years of 100 canes] and more numbness; [and assault] each add one class [stop the rod one hundred and three thousand miles, and shall not be added to death]. The sick are hanged [jail], and the dead are beheaded [jailed]. ”
"What is an injury? The "Fight" paragraph of Article 300 and 2 of the "Law" contains: Fighting is fighting, and fighting is fighting. Whoever fights [fights with others] beats a person with his hands and feet, and does not become injured, shall be flogged [6] [chī] twenty [but beaten and sits]; If he is injured or beats with other objects, and does not become injured, he shall be punished with 30 lashes; [He beats a man] and lashes him for the wounded, forty; The bruised [and] swollen [of the skin of the beaten] is a wound, and the rest of the [holding] of the non-sibling are other things, i.e., [holding] a soldier without a blade [holding the handle of his back to beat a man] is also [something else]; Pull out the hair more than 50 square inches; [beating] blood from the ears and eyes, and internal damage [to the internal organs] vomiting blood, eighty rods, [if the skin is broken and the blood flow and nostrils bleeding is stopped, it is still regarded as an injury]; Whoever defiles the face with filth is guilty of [80 rods]. ”
"Lord Ba, is what this Prime Minister said wrong?" Hongyi asked respectfully with his head sideways.
Bahana and Sun Ligui on the side had already been almost shocked, and the two-year-old master in front of him was not unfamiliar with reciting a large number of laws, and he also annotated them. They hadn't specifically come into contact with Hongyi's difference before, and this time it was absolutely amazing!
Only Yue Le was not surprised, but he didn't understand what Xuan Ye meant for a while!
“…… What the Prime Minister said is correct! Bahana grew his mouth, woke up like a dream for a long time, and hurriedly responded. If he didn't speak first, Sun Ligui, a eunuch leader, naturally didn't dare to make a mistake at all!
"What kind of wound is my own injury?" Hongyi subconsciously stroked his left shoulder and asked coldly.
Look at how you answer, how you answer is within my routine!
[1] The location of Shangfangyuan is located at the north entrance of present-day Beichang Street, south of Wenjin Street, and north of Manju Xinglong Temple.
[2] Bahana (?) -1666), Aixinjue Luo, Tan Minzhuang, Manchuria with white flags, Qing Dynasty politicians, scholars.
[3] The Inner Three Courts were the predecessor of the Qing Dynasty Cabinet in China, and were the pivotal bodies that assisted the emperor in handling government affairs. In the third year of Tiancong (1629), Huang Taiji set up a literary hall in Shengjing, and ordered the translation of Chinese character books and annotations. In the tenth year of Tiancong, the Wenguan was changed to the three inner courtyards, called the Inner History Academy, the Inner Secretary Academy, and the Inner Hongwen Academy. The Institute of Internal History is in charge of annotating the emperor's living edicts, compiling historical books and records, preparing tables and seals, and collecting imperial texts; The Inner Secretariat is in charge of writing diplomatic documents and edicts and sacrificial documents, and recording the sparse cases of each yamen; The Inner Hongwen Academy is in charge of commenting on the gains and losses of ancient and modern political affairs
, to the emperor and the prince and to teach the princes, etc. Each college has 1 university scholar
and take charge of it. In the first year of Shunzhi (1644), a bachelor's degree was added. In the second year, the officials of the Hanlin Academy were subordinated to the three inner courts, which were called the Inner Hanlin National History Academy, the Inner Hanlin Secretarial Academy, and the Inner Hanlin Hongwen Academy. In the fifteenth year, the Ming system was followed, and the three inner courts were changed to the cabinet. The university scholars have changed their cabinet titles. It is still divided into Hanlin Temple. In the eighteenth year, Emperor Kangxi succeeded to the throne when he was young, and Ao Bai and other four auxiliary ministers restored the cabinet in the name of restoring the old chapter of the ancestral system, and cut the Hanlin Academy. In the ninth year of Kangxi (1670), after Emperor Kangxi took power, he still changed the three inner courtyards to the cabinet and set up the Hanlin Academy. So it is customized.
[4] The Ming and Qing Cabinets approved the ministers' chapters on behalf of the emperor, and first wrote the proposed words on the ticket, and the attached copy was submitted to the emperor for ruling, which was called "vote drafting".
After the establishment of the Military Aircraft Department in the Qing Dynasty, the important pieces were changed to the use of the music, and this system was abolished. From "The History of the Ming Dynasty: The Biography of Zheng Yiwei": "The article is Aobo, and the vote is not its strength. ”
Ticket drafting, also known as ticket decree and article purpose, that is to say, for the concert from all parts of the country, before it is submitted to the emperor for approval, the cabinet scholar "writes in small ticket ink", that is, the approval proposal is written on paper and pasted on the opposite side of each note to be submitted.
[5] Dialect, meaning to hit.
[6] Flogging, which began in the Warring States Period, was one of the "five punishments" of "flogging, cane, imprisonment, exile, and death" in ancient times, and was a light punishment for beating a prisoner on the back, buttocks, or legs with bamboo or wooden boards, and was designed for minor crimes, or as a punishment after commutation. During the period of Emperor Jing of the Han Dynasty, the "Qi Law" stipulated the specifications of the torture equipment, the part of the punishment, and at the same time, no substitution was allowed in the middle of the actual punishment, and the torture equipment for flogging was completely fixed with bamboo planks and length and thickness. This is one of the main points of the reform of the ancient penal system. Flogging is now limited to flogging, which is derived from the penal codes of the United Kingdom and British India. A total of 16 countries today practice similar flogging on Shijie, including Afghanistan, the Bahamas, Brunei, Iran, Jordan, Malaysia, Pakistan, Saudi Arabia, South Africa, Sudan, Eswatini, Trinidad and Tobago, the United Arab Emirates, Yemen, Zimbabwe and Singapore.