Chapter 155: The Great Ming Code

Fei Yinggong, bringing his daughter Fei Ruhui and that black servant Tienu, traveled all the way by boat to Ji'an Prefecture.

He was a cultured bandit with aspirations. After his official career was hopeless and he became a wanted man, he had originally wanted to create a paradise beyond the world's reach. That meant killing off the notoriously evil great landlords, making himself and his subordinates the new landlords, distributing a small amount of land to the peasants, and not paying harsh and miscellaneous taxes to the government.

This was fundamentally different from Zhao Han!

Fei Yinggong's approach was just old wine in a new bottle. Apart from not paying taxes to the government, what else had changed? He now kept over ten household slaves.

But the Tianhe Town he occupied and its surrounding villages could already be considered a paradise beyond the world's reach — at least the common people at the bottom wouldn't starve to death.

Unfortunately, the tree may wish to be still, but the wind will not cease. This little paradise of his was about to be lost.

To the north was Anfu County, to the east was Luling County — both now Zhao Han's territory. To the west was Yongxin County, where a tenant-leader uprising had already broken through the county seat and killed the officials.

Fei Yinggong was caught in the middle of a pack of rebels and had to think about what to do next.

Disembarking at the south city dock, Fei Ruhui exclaimed in surprise, "Father, this place is truly bustling. It doesn't look like rebel territory at all."

"Not just bustling," Fei Yinggong sighed. "It's far more prosperous than the last time I was here."

The last time Fei Yinggong passed through Ji'an Prefecture had been three years ago. Back then, eunuchs were recklessly levying taxes. The customs barrier had reduced the merchant ships passing through, and the heavy stall taxes had forced some merchants to close their doors. Ji'an's commerce had been withering day by day as a result.

But after Zhao Han took control of the prefectural city, the customs barrier was gone, so more merchant ships passed through.

With more merchant ships came more local spending, stimulating the growth of shops and street vendors. At the same time, Zhao Han had also waived last year's stall taxes, and this year's stall taxes were being collected at the first-year-of-Chongzhen rates, further spurring the flourishing of commerce.

Not only that, the common people around the prefectural city had all received land. Their incomes had risen markedly, their spending power naturally increased, and this too was stimulating commercial prosperity.

Fei Yinggong saw many commoners heading toward the east city ferry crossing. He couldn't help stopping one and asking, "Cousin, what's happening at White Egret Isle? Why are you all going over there?"

"Mr. Zhao is personally hearing cases today. I'm going to watch the excitement," the man replied.

Hearing this, Fei Yinggong also brought his daughter and the black servant and headed to the east city ferry crossing to wait for a boat to the river isle.

From the east city to White Egret Isle, there was only one ferry, and ordinarily not many people came and went. Today, however, the ferryman was overjoyed — over a thousand people were queuing for the boat, even drawing several passenger boats over to compete for the business.

Not wanting to queue, Fei Yinggong chose to pay a high price for a passenger boat, which took them right between the academy buildings and the Worthies' Shrine.

There was an open space there, surrounded by gardens, even with rockeries, pavilions, and terraces.

Gradually, over a thousand people surged in, wanting to observe the trial, until every corner of the gardens was packed with people. Those who arrived late could only stand on the outer fringes, unable to hear a word of what was being said inside.

On two sides of the open space, many stools had been set out — apparently an official public gallery, which required a number plate issued by the Regional Commander's headquarters to be seated.

Fei Yinggong spotted Fei Ruhe, sitting together with Fei Chun in the gallery.

He led his daughter and pushed through the crowd in that direction, but was soon stopped by an official runner: "Show your number plate!"

"I am your General Zhao's fourth uncle," Fei Yinggong said, pointing at Fei Ruhe. He had long since found out his nephew's assumed name.

The runner dared not be negligent. He had them wait where they were, then ran off to report to Fei Ruhe.

Fei Ruhe was overjoyed. He came over together with Fei Chun and said with a smile, "Fourth Uncle, what brings you here?"

Fei Yinggong said, "I've come to discuss matters with your Mr. Zhao."

"Quick, come sit inside." Fei Ruhe immediately pulled Fei Yinggong in.

As it happened, Fei Ruhe and Fei Chun gave up their seats, letting Fei Yinggong and his daughter sit down, while they themselves sat cross-legged on the ground.

Fei Yinggong said in surprise, "A general like you can't even get two extra stools?"

Fei Ruhe explained, "Fourth Uncle, this is the public gallery, and the Regional Commander's headquarters issues the number plates. I could get a few more stools, but I'd have to go discuss it with the Regional Commander. Why go to all that trouble?"

Fei Yinggong said no more, but inwardly he was deeply shaken. The rules here were truly strict.

The gallery gradually filled up, all with invited officials, gentry, and academy students.

In the row behind Fei Yinggong and his daughter sat none other than Tian Younian, Song Yingxing, and Wang Tiaoding. Song and Wang were chatting in low voices.

"The constables take their posts!"

An official runner shouted at the top of his lungs.

The runners came out carrying black-and-red staves and formed two rows, standing at attention.

"The judges and the registrar take their seats!"

Huang Shunfu and Ouyang Zheng sat to the left and right of the presiding judge's seat. One was the County Magistrate of Luling, the chief official of the place where the trial was held; the other was the County Magistrate of Jishui, the chief official of the place where the incident had occurred.

There were also court clerks to record the trial proceedings.

"The Regional Commander ascends the bench!"

"All — rise —"

Zhao Han emerged from the academy building and sat in the presiding seat of the trial bench.

"Greetings, Mr. Zhao!"

"Greetings, Regional Commander!"

Many officials and commoners instinctively moved to kneel and kowtow.

Bang!

Zhao Han slammed the gavel and barked, "All of you, stand up!"

And so the crowd rose one after another and saluted Zhao Han — some with cupped-hand bows, some bending at the waist.

Zhao Han said, "Bring in the plaintiff, Yang Chun'e!"

"Bring in the plaintiff, Yang Chun'e!"

The plaintiff no longer used her brothel name and had reverted to her original name, Yang Chun'e. To protect the plaintiff, Yang Chun'e wore a small bamboo hat with a gauze veil hanging from the brim, covering her face so others could not see it.

Zhao Han said, "Bring in the defendant, Wang Yuanlu!"

"Bring in the defendant, Wang Yuanlu!"

Song Yingxing said quietly to Wang Tiaoding, "This way of hearing a case is interesting. Before, they always called out 'Bring the criminal so-and-so.'"

Wang Tiaoding laughed. "What if it's a false accusation? I think calling them defendant and suspect is more reasonable."

"Indeed," Song Yingxing nodded.

Neither the plaintiff nor the defendant knelt. They simply stood there to be heard. Zhao Han intended to use this case to establish a new rule.

Wang Yuanlu came out utterly dejected, even covering his face with his hands. A juren, brought to court for a matter like this — what face did he have left to see anyone?

Zhao Han said to Huang Shunfu, "The deputy judge will state the facts of the case."

Huang Shunfu read aloud from the document, a draft Zhao Han had revised: "Plaintiff Yang Chun'e, native of Nanchang, Jiangxi, now registered in Luling County, Ji'an Prefecture, serves as a propagandist at the Regional Commander's headquarters. Defendant Wang Yuanlu, a native of Jishui County, Ji'an Prefecture, formerly served as town chief of Baisha Town, Jishui County…"

"On the twenty-sixth day of the twelfth month of the seventh year of Chongzhen, the plaintiff accompanied the propaganda corps on a rural goodwill performance tour and lodged that night at the defendant's home. The defendant, intoxicated, crept into the plaintiff's bedchamber, violently assaulted her, and also beat her. After the act, the defendant collapsed into a drunken sleep. The plaintiff dressed and called for help; other members of the propaganda corps arrived and subdued the defendant, who was still unclothed. The next day, he was delivered to the Jishui county yamen."

Fortunately, aside from officials, degree-holders, and students, most of those who had come of their own accord to observe the trial were residents of the prefectural seat.

Had it been several hundred or a thousand peasants, hearing the case recounted now would likely have roused them to fury and driven them to rush forward and beat the man.

The propagandists were deeply beloved by the peasants!

Zhao Han said, "Bring in the witnesses!"

More than ten propagandists were led in. They began to relate what they had seen and heard that day, then signed their testimony on the spot.

Zhao Han said, "Bring in the material evidence!"

It was the defendant's clothing, torn in two places — ripped when the victim struggled.

Zhao Han asked, "Defendant, is this your clothing?"

"It is," Wang Yuanlu said, head lowered.

Zhao Han asked, "Do you dispute the account of the case?"

"No," Wang Yuanlu said, unable to deny it, yet he quibbled, "I was drunk at the time. In my muddled state, I didn't even know what I was doing."

"You lie!"

Yang Chun'e roared, "I resisted, and you cursed me as a slut, and you stuffed a cloth in my mouth! You hit me — the slap marks on my face took days to fade!"

Zhao Han gave a cold laugh. "The defendant will not quibble. Does being drunk make you innocent? Why don't you go kill someone while drunk!"

Indeed, whether he was drunk or not had no bearing on the verdict.

Wang Yuanlu could only say, "I am willing to take Yang Chun'e as a concubine. I beg the Regional Commander to show leniency."

"I'd sooner become a nun than be your concubine!" Yang Chun'e raged.

Bang!

Zhao Han slammed the gavel and thundered, "The defendant will not speak recklessly. The Great Ming Code stipulates that a commoner may take a concubine to continue the family line only if he has reached forty years of age and remains without a son!"

Wang Yuanlu cried out, "Regional Commander, I am a juren, and I have served as a town chief. I am an official, not a commoner."

Zhao Han abruptly stood and addressed everyone present: "Under my governance, I recognize only the two emperors Taizu and Chengzu, and only the laws of those two sage sovereigns. The term 'commoner' in the Great Ming Code includes officials, clerks, and degree-holders! As for the chaotic nonsense promulgated by all the emperors since, I absolutely will not follow it, because it contravenes the Great Ming Code of the Taizu Emperor!"

The term "commoner" in the Great Ming Code does indeed include officials. Moreover, during the Jiajing reign, a Provincial Surveillance Commissioner had used this very basis to try an official.

Yet as concubinage grew ever more widespread, clauses contradicting the Great Ming Code were continuously enacted — for example, stipulating that officials could not take women of good families or prostitutes as concubines, or could not take concubines while dispatched on official missions, and various such restrictions on officials' concubinage practices.

Zhao Han's attitude toward concubinage was: if no one brings a complaint, the authorities do not pursue it. If you quietly take a concubine, there is no way to regulate it.

But if someone comes to report it to the authorities, every case will be dealt with!

The gentry buzzed with outrage, yet also found it utterly absurd. This rebel Zhao Han was invoking the Great Ming Code at every turn, as though he were a court-appointed official.

Zhao Han then loudly declared: "The Taizu Emperor was a good emperor, and his Great Ming Code ought to be obeyed. Never mind that I have risen in revolt — if the Chongzhen Emperor were willing to strictly enforce the Great Ming Code, I would immediately bind myself and go to the capital to face death. I would not shrink even from death by a thousand cuts! Taizu was a good emperor, Chengzu was a good emperor, Xianzong was a good emperor, but all the rest were fatuous rulers! In nearly three hundred years since the founding of the Ming, there have been only these three good emperors. How could the common people have had any good days? How could I not rise up in revolt!"

"Well said!"

Chen Maosheng, Fei Chun, and others were the first to cheer and applaud.

Officials and commoners standing nearby also joined in the cheering.

Zhao Han asked Ouyang Zheng, "According to the Great Ming Code, how should this case be decided?"

"Death by strangulation," Ouyang Zheng replied.

Rape: death by strangulation. Attempted rape: one hundred strokes of the heavy bamboo, exile to three thousand li. If the victim is under twelve years of age, regardless of consent, regardless of any settlement, it is adjudicated as rape!

This is the Great Ming Code — China's first legal code in which punishment extends upward to the scholar-official class, classifying even officials as "commoners" for judgment.

And it is extraordinarily detailed and comprehensive, influencing the drafting of Chinese law for centuries thereafter.

The Great Ming Code also emphasizes contracts; economic disputes are decided by the contract.

Of course, the powerful and influential exploited this as a loophole, luring commoners into signing unreasonable contracts.

The Great Ming Code even goes so far as to regulate streets: if you build a house or lay out a garden and encroach upon a lane or roadway, you are to be beaten with sixty strokes and ordered to restore it. If you bore a hole in your own wall and let wastewater flow onto the street, you are to be flogged with forty lashes.

Regrettably, even the best laws must be enforced, and the Great Ming Code has long since become a dead letter.

Never mind criminal cases — they cannot even control the fouling of the streets.

According to the records of European missionaries, before the Wanli reign, Chinese cities were so clean that Europeans were dumbstruck. After the Wanli reign, Chinese cities stank to high heaven and were littered with garbage!

If you cannot even manage urban sanitation properly, how can you govern the realm to stability and prosperity?

Bang!

Zhao Han thundered, "Sentenced to death by strangulation. No need to wait until after autumn — take him to the execution ground at once!"

(End of chapter)