Chapter 138 Laws and Regulations on Animal Husbandry in the Tang Dynasty (II)

Although Zhang Jiashi had the idea of introducing some of Tang Lu's legal orders, Zhang Jiashi did not agree with Tang Lu's punishment method due to some of his traversers' mentality. . c o m

That was in Tang Ludang, paying a certain amount of copper coins or copper coins with a relatively small number rate could exempt even punishments including the death penalty.

In the first volume of the "Tang Law Discussion", there is a description of this:

The husband is three talents, and Vientiane is divided. The spirit is spiritual, and the people are the head. Do not rely on Li Yuan to establish a ruler, and impose criminal law because of politics and religion. It is affectionate and mediocre and stupid, and it is stupid and angry, and the big one is chaotic, and the small one is blind to its style, and if it does not establish a system, it has not been heard of. Therefore, it is said: "Stop punishment with punishment, and stop killing with killing." "Punishment shall not be lax in the country, and flogging shall not be abolished in the family. When it comes to pouring Chun, there are many and few people. So the rope knotted the road, Yingkan dredged the source, lightly punished Mingwei, and revered. Yi said: "The sky hangs like a saint." ”

Watching the thunder and lightning and controlling the punishment, seeing the autumn frost and killing, punishing it for not committing it and preventing it from happening, leveling its emblem and saving fraternity, covering the holy king without getting it and using it. The ancients used armor soldiers for major punishments, followed by axes, knives and saws for punishment, drills for punishment, and whips for thin punishments. In the past, the white dragon and white clouds were the generations of Fu Xi and Xuanyuan, and the west fire and west water were the years of the Yan Emperor and the joint workers. The eagle dove is in Shaohao, and the gold policy is named in the 颛顼. Xian has a heavenly rank, and the criminal constitution of the pawn department. The transformation of the avenue is not violated. Arrest Tang Yu, make things simple, discuss the punishment to convict him, and the portrait to convince his heart, all coherent, good and brief, the age is far away, and it is not available and detailed. During the Yao Shun period, the magistrate called it a "scholar", and Gao Tao was for it; its law is slightly preserved, and it is often generalized, then the customs are all over the cloud "Gao Tao Mo: Yu Zao Law" is also. The lawyer, the discipline, the training of the law.

Yi said: "Financial management is right, and it is forbidden to be righteous." "Therefore, the weight is light and heavy, and the law is based on righteousness. The great biography of Shangshu said: "The great law of Pitian." Zhu Yun: "Fengtian's **." "The law is also the law, so it is called the law. In the past, the sage made it as a scripture, and what the master said was called a transmission, and this is Qiu Ming, Zixia in the Spring and Autumn Period, and the Book of Rites is also a transmission. In modern times, it is said to be righteous and sparse. Sparse is the word, which is originally named after sparse and estranged. Again, Guang Yayun: "Those who are sparse are also knowledgeable." "If the case is sparse and the knowledge is sparse, the way of the book is sparse and the way of knowledge is preserved. Shi Jiyun: "The former master is the law, and the latter is the order." ”

Han Shuyun: "Cutting is sparse." "So Yun Shu also. In the past, the three kings began to use corporal punishment. It is difficult to inherit the ochre clothes, the imperial wind is farther away, the simplicity is scattered and pure, and the muscles are injured. The great biography of Shangshu said: "There are 3,000 summer punishments." "Zhou Li's division of punishment and five punishments" is 2,500. King Mu time-making method, the five punishments belong to three thousand. Zhou decay and heavy punishment, the Warring States period, the Marquis of Wei was in Likui, collected the criminal codes of various countries, and made six scriptures: 1. Theft law, 2. Thief law, 3. Prison law, 4. Arrest law, 5. Miscellaneous law, 6. Possession of law. Shang Ying taught, changed the law into law. Xiao He, the prime minister of the Han Dynasty, is more than the three articles of households, prosperity and stables, which are called the law of nine chapters.

Wei Yinhan's law is 18 articles, and the Hangu law is changed to the first criminal name. Jin ordered Jia Chong and others to increase the loss of Han and Wei laws to 20 articles, and the Wei criminal law was divided into legal laws. Song Qiliang and Later Wei, so they did not change. to the Northern Qi Dynasty, and the name of the punishment and the law are the examples. Later, Zhou reverted to the criminal name. Sui because of the Northern Qi Dynasty, more famous. Tang because of Sui, inherited from each other. The name is the crime of the five punishments, and the example is the form of the five punishments. The name of the discipline is the life, the routine is the name of the punishment of the chapter, and the law of the chapter. However, because the name is established because of the crime, and the cause of the crime is born, the name is the punishment, and the example is the list, so the name and example are the first article. The first, the training, the training, the meaning of the second, can be said. One, the qi of Tai Chi, Han three is one, one of the yellow bells, and several are born. The name case is the first of the twelve articles, so the cloud is "the first name example".

The Emperor of the Tang Dynasty used the Holy Condensation Map, the heroic voice of the heir, the spring cloud in the product, and the slow autumn official in Lishu. Today's canonical constitution, the scale of the former saints, the constitution is lost, and the division of the criminal constitution is very different: Dali deserves to sit on his death, and the criminal department will be sentenced to exile; a state will be sentenced to a year in prison, and a county will be punished with a cane. There is no explanation, and the touch is wrong. Emperor Yi Xian is in his arms, and he is prosperous. Virtue and etiquette are the foundation of politics and religion, and punishment is for the purpose of politics and religion. It is to reduce the words of the Lun in Taixuan, and the folding is simple in the fashionable Yan, and the law is sparse, and the Ming Dynasty is classic. Far away is the emperor's wonderful will, near is Xiao, Jia Yi, along the wave to discuss the source, from the branches and leaves, the table is lenient, cut into a simple long. For example, the weight of the trade-off, if the rules are round. The three chapters of Maibi are the same as the one and the same.

Flogging five: flogging ten. Ransom a pound of copper. Twenty flogging. Ransom two pounds of copper. Thirty flogging. Ransom three pounds of copper. Forty. Ransom four pounds of copper. Fifty flogging. Ransom five pounds of copper.

Those who flog are also beaten, and they are ashamed of training. If the speaker has a small guilt, the law must be punished, so he is ashamed of it. In the Han Dynasty, bamboo was used, and now Chu is used. Therefore, Shuyun "pounced on the punishment", that is, its righteousness. In the thirteenth year of Emperor Han, Taicang ordered Chun to write a letter to his daughter, and he was willing to be confiscated as an official maid to redeem his father's punishment. The emperor was saddened and changed the corporal punishment: when the slasher was ordered to be a city slave, and the slasher was flogged with three hundred. This is the eye of the flogging and the rod, and there is no distinction. The punishment of flogging is also the punishment of the thin. Evolution at any time, different severity, no punishment for the period, and righteousness must be measured. Filial piety aids God Qiyun: "The saint system is five punishments, and the law is five elements." Liyun: "The torturer, Yu Ye, Cheng Ye." It is immutable and immutable, so the gentleman is dedicated. "Filial piety hooks the fate of the clouds: "The punisher, Yu Ye, the guilt is revealed." "But the murderer dies, and the wounder is punished, and the kings are the same, and its origin is still the same. From 10 to 50 flogging, the number is five, so it is called "flogging five". The number of disciples and rods is also allowed to do the same.

5 rods: 60 rods. Ransom six pounds of copper. Seventy rods. Ransom seven pounds of copper. Eighty rods. Ransom eight pounds of copper. Ninety rods. Ransom nine pounds of copper. A hundred rods. Ransom ten pounds of copper.

It is said that the cloud "the staff holder also", and the person who can hit people is the family saying: "Shun's father, the small staff will be accepted, and the big staff will go." Chinese cloud: "Thin punishment with whipping." Shuyun: "Whipping is an official punishment." "The rod of the wreath is also. He also punished five abuses, and also used whipping. The source is indiscriminate, and it has never been far away. Emperor Jing of the Han Dynasty thought that the flogging person was dead and the flogging was not completed, so he changed the three hundred to two hundred, and the two hundred to one hundred. Yidai along the stream, has slightly increased losses. With the chamber, with the rod easy whip. Today, the law cloud "those who accumulate flogging and rods shall not exceed two hundred", and the cover follows the Han system.

Imprisonment five: one year. Ransom copper twenty pounds. A year and a half. Ransom thirty pounds of copper. Two years. Ransom forty pounds of copper. Two and a half years. Ransom fifty pounds of copper. Three years. Ransom for sixty pounds of copper.

The disciples, the slaves, the slaves are humiliated. Zhou Liyun "his slave man is under the sin", and "let it go, put it in the land and teach it." Three years of sin, two years of sin, and one year of sin", and this is also a prison sentence. The cover began in the week.

Exile III: Two thousand miles. Eighty pounds of ransom copper. Two thousand five hundred miles. Ransom ninety pounds of copper. Three thousand miles. ransom a hundred pounds of copper.

Shuyun: "Five punishments for wandering." "It is said that you can't bear to be tortured and killed, and you can't be far away. He also said: "There are houses in the fifth rate, and there are three houses in the five houses." "The four descendants of the great sin are cast abroad, outside the sub-Kyushu, and outside the sub-country. The cover began with Tang Yu. Today's third-rate, that is, its righteousness.

Death penalty two: hanging. Chop. One hundred and twenty pounds of copper ransom.

The ancient philosophers and kings, then the heavens are hanging the law, the auxiliary government assists the transformation, prohibits violence and prevents adultery, and the original desire is born, and the righteous period stops killing. Hanging, beheading, sitting, the punishment is extreme. The soul of the deceased returns to the sky, the form returns to the earth, and the ten thousand transformations are silent, so Zheng Zhu Liyun: "The deceased, too." Disappear into nothing. "Spring and Autumn Yuan Life Bao Yun:" The Yellow Emperor is especially in the field of Zhuolu. Liyun: "The Gong clan has a capital crime, and it is out of the people. "Therefore, it is known that it was cut from Xuanyuan and the Zhou Dynasty. The two laws are also yin, and the yin lord kills and punishes, so it is the punishment of the ancient "Dapi".

Asked: There is a redemption method for flogging and death. Unknown from which the atonement began?

Answer: Shuyun: "Gold is a ransom." Zhu Yun: "If you are guilty of a crime, you will withdraw money to redeem it." "Fu Hou Xun Xia ransomed the sentence cloud: "Mo is forgiven, and the penalty is 100 yuan; if the suspicion is pardoned, the punishment is doubled; if the suspicion is pardoned, the punishment is doubled; the palace is forgiven, and the fine is 600 yuan; and the great doubt is pardoned, and the fine is 1,000 yuan." Zhu Yun: "Six taels are called gong." Iron, yellow iron also. Jin law: "Eight discussions, all stay in the official to redeem, do not muster, tongs, flogging." "The ancient atonement, the severity of the different systems, the difference in items, the preparation of regulations, no false rules, no troubles.

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It can be seen from the content of the "Tang Law Discussion" that in addition to the heinous crimes and the "Eight Discussions" meritorious service without some corporal punishments, most of the punishments can be paid copper coins or pure copper as a fine to avoid crime......

During the Tang Dynasty, the "Tongbao" copper coin, which had a huge influence on the history of the country, became popular. If it is based on Kaiyuan Tongbao, then in terms of quality, the general Kaiyuan Tongbao weighs one penny, every ten weighs one tael, and each one weighs six catties and four taels. Each weight is two baht and four wires, which is equivalent to a mass of about 4 grams.

However, during the Kaiyuan period of Tang Xuanzong, due to the heyday, the copper material of Kaiyuan Tongbao increased by one to two percent, and the quality of Kaiyuan Tongbao at this time was about 4.5 grams to 5 grams, so the heavy Kaiyuan Tongbao was mostly cast at this time.

In this way, you may not know the copper content of Kaiyuan Tongbao. However, the copper content of Kaiyuan Tongbao, the official money in the Tianbao period, is about 84.32%, which means that the copper content of Kaiyuan Tongbao weighing five grams is about 4.25 grams.

This also means that one catty in the Tang Dynasty was 680 grams, and 160 five-gram Kaiyuan Tongbao weighed about one catty of copper.

To change the pair, even if it is a punishment of fifty lashes, the penalty for exemption is five catties of copper, then this only needs to pay 800 five-gram Kaiyuan Tongbao can be exempted from punishment.

Well, 800 Kaiyuan Tongbao is the most valuable in the fifth year of Tang Xuanzong Tianbao, and it can buy 4 pieces of silk cloth. In other words, it is not too expensive to exchange four pieces of silk cloth for exemption from the penalty of fifty lashes.

And the cost of the death penalty is also a bit high:

A fine of 120 catties of copper is about 19 yuan and 200 yuan, even if it can be said that 20 yuan can buy back a life......

Zhang Jiashi said that such a punishment method is definitely not what he wants to see.

And more importantly, why is there such a privilege as "eight discussions"?

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The "Eight Discussions" originated from the Eight Laws of the Western Zhou Dynasty and was first introduced into the law in Cao Wei's "New Law".

The so-called "Eight Deliberations" refers to the following eight types of crimes committed by special persons as stipulated by law, which cannot be subject to ordinary litigation and trial procedures, and judicial officials have no right to directly hear and have jurisdiction, and must appeal to the emperor for a ruling, and the emperor will reduce or reduce the punishment according to their status and specific circumstances. These eight types of people are: relatives, relatives, virtues, abilities, merits, nobles, diligence, and guests.

Discuss relatives, that is, the emperor's relatives and relatives: righteousness takes the nine ethnic groups of internal harmony, foreign cooperation of all nations, the grace of rain and dew, and the reason of relatives, so it is called "discussion of relatives". For those who are exempted, there are five rituals: the elder brother, the great-grandfather from the father's brother, the ancestor from the brother, the father's third brother, and the fourth brother from the body. The Empress Dowager and the Emperor's grandmother also. The queen mother, the emperor's mother. Those who add "too" are too big to say, easy to call "Tai Chi", and cover the righteousness of respect. Those who are called "emperors" are also known as mothers. The second is the shadow and the linen, and there are four relatives of the linen: great-grandfather brothers, grandfather brothers, father brothers, and three brothers. The queen is a little meritorious to her relatives, and she is righteous to her aunt. There are three relatives of Xiaogong: the brother of the ancestor, the brother of the father, and the brother of the body. In addition to this number, according to the relatives inside and outside the ceremony, there are those who obey the same, and they are allowed to do so.

The discussion is the old of the emperor: it is said that the stay has to be seen, and Temeng receives the long-lasting.

Yixian, that is, a person with high moral cultivation: a wise man and a gentleman, and his words and deeds can be the law.

Discussion ability, that is, people with outstanding talents: it is said that people who can organize the army, evil political affairs, Yanmei Emperor Dao, and normal people.

Meritorious service, that is, a person with outstanding meritorious service: it is said that he can cut the flag, destroy the front, or lead the people to naturalize, rather than help for a while, save the difficulties, and remember the merit too often.

Yigui, that is, officials of the third rank and those who have the title of one rank: according to the order: "Those who are in charge are ministers, and those who are not in charge are loose officials." "Jue, it is said that the country is duke.

Discussion of diligence, that is, diligent and hard-working people: it is said that the general is in the official position, sleeps all night in the office, and if he is far away, he is in danger.

The guests, that is, the descendants of the monarchs of the previous dynasty are respected as state guests: Shuyun: "Yu Bin is in power, and the group is in power." The poem says: "There are guests and guests, and they are also white horses." Liyun: "After the second generation of the Son of Heaven, he is still virtuous." "Xiwu Wang Keshang, after the Xia Hou clan Yu Qi, after the Feng Yin clan in the Song Dynasty, if this Zhou Hou Jiegong, Sui Hou Yu Gong, and for the state guest.

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Zhang Jiashi himself was not interested in the "Eight Discussions", although there were corresponding rules in Qin Ludang, but during the period of the Liaodong Army, Zhang Jiashi ignored the laws in this regard.

And more importantly, Zhang Jiashi's punishment of Qin Min and his family proves this even more.

But on the other hand, Zhang Jiashi ordered the Qin Min family to take the most drastic means to kill, and the fact is also the tone of the action of the "Eight Discussions".

Because Zhang Jiashi himself was the de facto controller of the Qin Empire, even as the governor of Liaoning County at that time, he did not take private action under Zhang Jiashi's orders, which is exactly in line with the premise of the "Eight Discussions" that only the highest decision-maker can issue an order for punishment.