-one of the literature studies on the collation of ancient legal books in China.
This paper is a summary of Zhu Si, Zhi, Filial Piety, Etiquette Model, Collection of Ancient Customs, Festival Examples, School Format, Ming Taizu's Instructions, Hongwu Yongle Bangwen, Legal Debate, Military and Political Regulations and Jiajing Period. This paper makes a brief textual research on the author, formulation or promulgation time, content summary, version, historical value of each document and the original version used when it was included in the Supplement to China Legal Classics.
Keywords: Ming Dynasty legal document version
The third and fourth volumes of Supplement to China Rare Books of Ancient Books contain 12 kinds of legal classics of Ming Dynasty. Except for the things promulgated by Yongle, Xuande, Hongzhi and Zheng De in Textual Research on Military and Political Regulations, Jiajing Case, Hongwu Yongle List and Jiexing Case, all the other documents are laws and legal notes of Hongwu Dynasty.
As far as the legal form and content of these documents are concerned, Secretary's Duties is a kind of legislation with the nature of code. Hong Wuli, Xiao Lu, etiquette formula, customized ancient memories and examples of festival tourism are all rituals and etiquette legislation. "School form" is the legislation of academic regulations; Hongwu Yongle was an example published by Zhu Yuanzhang, the great ancestor of Ming Dynasty, and Ming Taizu Judy's ancestral instruction was Ming Taizu's "family law". Explaining the law and solving doubts is the annotation of Daming Law, which was used by Hongwu 189. Textual research on military and political regulations is a compilation of military and political regulations from the early Ming Dynasty to Jiajing, and Jiajing case is a compilation of economic cases promulgated by Jiajing Dynasty in Ming Dynasty.
The author, formulation or promulgation time, content summary, version, historical value and the bottom part used in sorting out legal documents are described as follows:
First, "the work of the company"
Zhu Yuanzhang, Emperor Taizu of Ming Dynasty, decided to publish it in March of the 26th year of Hongwu (1393). This ancient book, with official positions as the key link, is divided into ten subjects, which respectively specify the official system and responsibilities of the five armies' six departments, namely, officials, households, rituals, soldiers, punishments and workers, Duchayuan, General Political Department, Dali Temple and Dudufu. The assistant minister of the official department is in charge of the decrees of all officials in the world, which belong to four subjects: election, sealing, honor and examination; The decree of the assistant minister of commerce is in charge of the household registration and farmland in the world, belonging to the four departments of people, finance, finance and warehouse; The assistant minister of rites is in charge of the laws of etiquette, sacrifice, banquet and tribute in the world, which belong to four branches: instrument, temple, food, subject and guest; The decree of the assistant minister of the Ministry of War, who is in charge of the imperial army and military attache in the world, belongs to the four divisions of Sima, Staff, Driver and Treasury. Shangshu, assistant minister of punishments, is in charge of the names of criminal acts in the world and the laws of exile, Gou Jian and ban, belonging to the four divisions of Constitution, Bi, Simen and Duguan; Assistant minister of the Ministry of Industry, in charge of all the laws and regulations of the world, belongs to the four divisions of camp, danger, water and transportation; The left and right censors and deputy censors of Duchayuan are responsible for correcting hundreds of divisions and defending unjust, false and wrong cases, respectively, belonging to the Twelve Censors. The General Political Department is in charge of cashier's orders, entry and exit of customs and defense departments, feudal statements of subjects, military complaints of people's grievances, etc., and has no subordinate departments; Dali temple official records the name of the world's punishment, belonging to the left and right temple officials; The official in charge of the governor's office of the Fifth Army asked the names of the officers and men of the military health centers under the jurisdiction of the Fifth Army, who belonged to the left, right, middle, front and back five officers. As the most important administrative legislation in the early Ming Dynasty, Zhusi Zhangzhi laid the foundation for the next generation of official system.
At present, the better versions of official titles of various departments are: National Library of China, Tsinghua University Library, Japanese Nagoya Pengzuo Library, Kyoto Yangming Library, official seal of Dantu County, Zhenjiang Prefecture, Zhili, Tibet, and Ming Jiajing engraving. Fourteen volumes of Huangmingshu, the official journal of Dantu County, collected by Hibiya Library, supplemented in the forty-first year of Wanli (1613); Dalian Lushunkou Library, Oriental Library and Japanese Zunjingge Library have 20 books made by the Ming Emperor, which were published by Zhang Lu, Governor of Baoding in the seventh year of Wanli (1579). In addition, the National Library, the Fu Sinian Library of the Institute of History and Language of Taiwan Academia Sinica, and the Library of Taiwan Province Provincial Normal University also have ten volumes of Zhu Si Zhang Zhi, which was prefaced by Shen Jiaben in the 29th year of Guangxu in Qing Dynasty (1903). 1942, the Shanghai Central Library photocopied the books published in Ming Taizu during the Hongwu period, and collected them in volumes 43 to 50 of Xuanlantang Series published by the library. When it was resumed, fourteen volumes of Ming Jiajing's Engraving Calligraphy, the official edition of Dantu County in Zhili, southern Tibet, were taken as the base copy, and twenty volumes of Huang Ming's Calligraphy, published by Zhang Lu, the governor of Baoding in the seventh year of Wanli, were taken as the main school.
Second, Hongwu etiquette, filial piety, etiquette stereotyped writing, collection of ancient customization and
Example of saving a row
The Ming court followed the example of previous dynasties, took Confucian ethics as the foundation of governing the country, and paid special attention to the legislation of etiquette and etiquette. The five documents included in "Continued" are all etiquette laws and etiquette legislation. In addition to the seven years of Wanli Zhang Lu school magazine "Ming Chengzu Shu" was written later, the others were expressly promulgated by the court during the Hongwu period. The date of promulgation of Hong Wuli is unknown, but according to the Ming history, it was undoubtedly promulgated by Hong Wu. This book is about the etiquette of officials from civil and military forces going to the DPRK to congratulate Tianshou Holy Festival, Zheng Dan and the Winter Solstice, the etiquette of courtiers going out by imperial edicts, the etiquette of offering sacrifices to shrines, the color of dresses, official titles and qualifications of officials, as well as the legal provisions on the format of opening books, the way of going, the way of charging and the salary of officials. Filial piety was published in the seventh year of Hongwu (1374) on November 1st. According to History of the Ming Dynasty 1997, Literature and Art II: "Song Lian and others decided to write the ancient mourning clothes", and the book was preceded by Preface to the Imperial System of Ming Taizu. This book is about the legal provisions of funeral system. In the twentieth year of Hongwu (1387), the etiquette was promulgated in November. Li, the former minister of rites, served in the Sixth Department, Duchayuan, General Political Department, Hanlin Academy and Dali Temple. The content is about the attendance of hundreds of officials, banquet etiquette, embassy etiquette, official worship, official sitting in public, and seeing the superior officials of the company. In the second year of Zheng De's reign (1507), the Ritual Department of Zhu Houzhao, Emperor Wuzong of the Ming Dynasty, published a list of examples including "etiquette" for the subjects to observe as a whole. It can be seen that this law was regarded as a fixed law for a long time in the Ming Dynasty. Customized Collection of Ancient Books was written in November of the 29th year of Hongwu (1396), and was compiled by the Hanlin Academy with reference to the legal provisions of the Tang and Song Dynasties on official and civilian residences, tombs and inscriptions. "Festival Rules" is a compilation of etiquette for sending envoys to China, Kingdom, provinces and Guo Fan. , as well as the qualifications of officials in Beijing and abroad, the qualifications of officials, the official surname from Ding You, the etiquette of putting wine, and the wine ceremony in the countryside. It also includes the etiquette norms of Xuande, Yongle, Hongzhi and Zhengde dynasties. When this book was published remains to be verified in detail. However, if we read this book carefully, we can see that it was written in February of Zheng De's sixteenth year (152 1), and this book written by Ming Chengzu has examples of Jiajing abstinence in Dantu County, Zhenjiang, from which we can infer that it was written by Zheng De or Jiajing years.
At present, there are four better versions of Hongwu Rites, Records of Filial Piety, Etiquette Formula and Ancient Books Collection: National Library, Tsinghua University Library, Japanese Nagoya Pengzuo Library, Kyoto Yangming Library, Ming Jiajing Edition, Fourteen Volumes, and the official publication of Dantu County in Zhili, South Tibet; Hibiya Library has fourteen volumes of Records of Dantu County, Huang Ming (16 13). Dalian Lushunkou Library, Oriental Library and Japanese Zunjingge Library have 20 books made by the Ming Emperor, which were published by Zhang Lu, Governor of Baoding in the seventh year of Wanli (1579). The Cabinet Library of Japan has imperial books of Ming Dynasty, while the National Library of China has seven volumes of imperial books of Ming Dynasty. In addition, Tianyige Cultural Relics Management Office keeps the Ming version of Hongwu Ritual System and the Fan Hui version in the 20th year of Ming Jiajing. At the time of collection, fourteen volumes of Jiajing block-printed edition published by Dantu County official in Zhenjiang Prefecture, Zhili, southern Tibet were taken as the base copy, and twenty volumes of Zhang Lu School Journal published by Governor Baoding in Ming Dynasty were taken as the main school copy.
Among several imperial books of Ming dynasty that I have seen, fourteen volumes of official imperial books of Dantu County are Ming Jiajing edition, and twenty volumes of imperial books of Zhanglu School edition are compiled with examples of festivals and behaviors. When I received the sequel, it was based on the 14-volume edition made by the Ming Emperor of the National Library, and the 20-volume edition made by the Ming Emperor was the main school published by the Wanli Zhanglu School of the Oriental Library of Japan.
Third, "school form"
Compiled the school rules of counties in imperial academy and Fuzhou promulgated in the early, 15th, 16th and 20th years of Hongwu. These academic rules were published in March of the ninth year of Ming Yingzong Zhu Qizhen Orthodoxy (1444), March of the first year of Chenghua in Zhu Jianshen, Ming Xianzong (1465), March of Hongzhi in Zhu Youtang in Ming Xiaozong (1488), March of Zhengde in Zhu Houzhao in Ming Wuzong (1506) and March of Ming Shizong. Among several Ming imperial books I have seen, the Twenty Volumes of Imperial Books published by Zhang Lu, the governor of Baoding, has a revised format. This time, it is based on the seven-year Wanli engraving collected in the Oriental Library of Japan.
Fourth, "Ming Taizu's legacy"
It is a "family law" formulated by Zhu Yuanzhang, the Ming emperor, for Zhu's long-term stability and future generations in the world. Huang Ming Zuxun was formed on the basis of many revisions of Zuxunlu. According to Ming Taizu, in April of the second year of Hongwu, "the imperial edict compiled Zushu to establish a feudal kingdom and an official system." In the sixth year of Hongwu (1373), it was written in May, named Zuxun Lu. In the following 20 years, Zhu Yuanzhang revised Zu Xun Lu many times. In September of the 28th year of Hongwu, Geng Yin changed the Zu Xun Lu to Zu Huang Jun Ming Zu Xun, with the same purpose, but changed his Jie Zhen Zhang to the first chapter of Zu Xun. Its purpose is thirteen articles, such as the first chapter of ancestral training, defending morality, strict sacrifice, entering and leaving, applying, etiquette, law, internal orders, internal officials, job system, military defense, camp maintenance and service. In Zuxun, Ming Taizu summed up his own experience in governing the country and put forward various systems and other codes of conduct that future generations, imperial clan and descendants must strictly abide by. Ancestral instruction was regarded as "ancestral law" by the heir, which prevailed in the Ming Dynasty.
The better versions of Ming Emperor's ancestral training are: the National Library has the engraved version of Ming Hongwuli, the Palace Museum and Taiwan Academia Sinica have all the printed versions of this book, and the Japanese Cabinet Library has the printed version made by Ming Emperor. The National Library has an earlier edition. This time, the Hongwu block-printed copy of Ming Taizu's Imperial Letters collected by the National Library is the base copy, and the Palace Museum is the main school.
V. Hongwu Yongle List
The original owner, Cao Dong, wrote the criminal record of Nanjing during Jiajing period. The third volume is "Revealing the Dafa", and there are sixty-nine income lists, all of which are the lists of Hongwu and Yongle Dynasties that were still hanging and used by Nanjing punishments in Jiajing Dynasty. The title of Hongwu Yongle in the sequel was added by the organizer. Among them, there were 50 copies published by the Ministry of Punishment according to the imperial edict on November 2nd in the fourth year of Wen Jian (1402), the fourth was published by Zhu Yuanzhang, the fifth was published after he took office, and the nineteenth was the Yongle List successively hung by the Nanjing Ministry of Punishment. Among the 69 lists, the earliest list was published in April in the 19th year of Hongwu (1386), and the latest list was published in May in the 16th year of Yongle (14 18). In order to declare the official classification of these lists, there are 25 people in the Ministry of Punishment, 4 people in Duchayuan/KLOC-0, 4 people in the former viceroy/KLOC-0, 4 people in the official department/KLOC-0, 4 people in the household department, 8 people in the ritual department, 8 people in the military department and 8 people in the Ministry of Industry. According to whether there are clear sentencing standards, there are 59 lists with specific sentencing standards and 10 lists without specific sentencing standards. Judging from the classification of the objects to which the law applies, about half of them are used to govern officials and half are used to govern the people. If we compare the Hongwu Bangwen in these lists with the Daming Law that was in use at that time, we can see that many of its provisions belong to new criminal legislation, and the punishment is much heavier than the similar provisions in Daming Law. This is another example that Zhu Yuanzhang did not completely give up "ruling the country by power" in the later period of Hongwu. When it was resumed, the four-volume Ming Jiajing Annals of Nanjing Crime in the Library of Congress was taken as the base copy, and the list of Hongwu Yongle in the appendix of Ming Hongwu Yongle Dynasty written by Mr. Huang Zhangjian and the research results were referenced.
Six, "legal doubts"
What He Guang did in the early Ming Dynasty. He Guangzi, a native of Palace Garden Huating, later moved to Shanghai. During Hongwu's reign, the Ming Dynasty was the order of Jiangxi, and in Yongle's second year (1404), he was promoted from Zhejiang Road to the advisor of imperial history, and later to the assistant of Shaanxi Governor. In front of this book, there is a preface of Hongwu Bingyin (19) looking at the first month of Songjiang River in Guangchun, and at the end of the book, there is a preface of Hongwu Bingyin on February 4. "Preface" said: "He Gong of Songjiang is a famous Confucian, who is well-versed in calligraphy and was appointed as the new minister of Jiangxi by a recent minister. In my spare time as an official, I devoted myself to pondering and studying the truth in the laws of my sacred dynasty. I participated in the "deliberation", and my doubts were solved and released. It is called "puzzle solving method". Judging from the completion time of the two prefaces, the Daming Law compiled in the book was promulgated by Hongwu 19 years ago. Huang Zhangjian made a comparison and textual research on the similarities and differences of these three laws in the article Comparative Study of Three Books, Direct Interpretation of Daming Law and Supplementary Rules of Ming Law Collection, and pointed out the differences between this book and Hongwu's 22-year laws (namely, the laws in the Direct Interpretation of Daming Law) and 30-year laws. I also made textual research on the Ming Law promulgated during the reign of Hongwu, and thought that Huang's inference was reasonable. Interpretation of Law and Doubt is a legal annotation document in the early Ming Dynasty. The author explained and annotated Daming Law published in Hongwu period, which is a precious document for studying Hongwu Ming Law and Ming Dynasty law.
As for the printed edition of Interpretation of the Law, according to my years of searching, I only found the printed edition of Amin. At this time, this book was originally stored in Beiping Library, then collected by the Library of Congress of the United States, and then moved to the National Central Library of Taiwan Province Province. When introducing the edition of Bibliography of Chinese Legal History edited by Zhang, he said: "It was published during the period of Hongwu, and the publisher and publication year are unknown." Huang Zhangjian thought that the edition of this book was "published in Yongle period of Ming Dynasty". The national library's legal interpretation microfilm was shot by Beijing Library based on this engraving. On the cover of the book in the reduced emblem, it reads: "Explaining the law and solving doubts are not divided into volumes, written by He Guang (Ming) and engraved by Ming Hongwu". According to experts from the Rare Book Room of the National Library of the United States, the words on the cover were written by relevant personnel when the book was shot from the Library of Congress. It is still difficult to determine whether it was written by the staff of the Library of Congress or the staff of the Beijing Library. Now we can see that there are many defects in the printed version of this book, and quite a few words are vague and illegible. Associate Professor Wu and I proofread the Ming Dynasty woodcuts collected in the Central Library of Taiwan Province Province and the microfilm of the National Library word for word, and their contents, fonts, typography and incomplete characters are the same. In addition, the library of Shanghai Academy of Social Sciences has a copy of Legal Interpretation and Doubts, which was copied from the carved version. The format of the copy, the number of lines per page, and the number of words per line are the same as the upper and lower words. The missing words are almost the same as those in the block copy, except that there are a few missing words in the block copy, probably because the copy did not copy them rashly because it could not recognize some words in the block copy. There are still different opinions about the author and version of this book and whether the book "Explaining Doubts by Law" was engraved in Hongwu period, which needs further discussion because of different records in historical books. When was the Interpretation Edition carved? After checking the preface of the book, there are thirteen characters similar to the preface, "Emperor Taizu, Longfei Huaidian in Xia and Zhao Gou District", which shows that the book was not carved by Hong Wu. As for the Interpretation of Doubts written by He Guang, it is not only proved by the preface and the postscript of Xi Jing written by He Guang, but also recorded in other historical books in Ming Dynasty. Ming History (volume 1997) and Literature II (volume 2): An Analysis of He Guangfa's Doubts (volume 30); Ming-engraved "An Examination of Beijingers in this Dynasty": "He Guang, a Shanghainese ... is tasting" solving doubts by law ". There is no doubt that He Guang is the author of "Solving Confusion by Law".
Seven. Review military and political regulations
Ming jiajing shihuo □ series. The National Library has a block print of the thirty-first year of Jiajing in Ming Dynasty. According to the preface of the book, Huo Gong "was ordered to rectify the military and political affairs in Zhejiang Province, but he was deeply concerned about the Constitution, studied laws and regulations, understood current events, and learned from his books. With this in mind, he wrote a book with six volumes, named "Military and Political Cases" Cloud. Therefore, Wang Jun of Fangbo Xitan, deputy sage Luo Jiang Chen Jun, please carve cloth and use politics. " "Jiajing Renzi (thirty-one years) looked forward to autumn and July, and Zhejiang was in charge of Wujin Xue Qi Ying, the deputy envoy of the inspection department." Examination of Military and Political Regulations compiles the military and political regulations 167 promulgated by the imperial dynasty from the fourth year of Xuande in Ming Dynasty to the thirty-first year of Jiajing (1552), including 53 military and political hygiene regulations, 26 desertion regulations, 63 liquidation regulations and 25 dismissal regulations, and also compiles courtiers' opinions on cleaning up military affairs. These titles and words were "quasi-drafts" of imperial edicts, which were regarded as "models" at that time and had legal effect. This book made detailed provisions on the military and health system of the Ming Dynasty, the settlement of deserting troops, the liquidation of military forces, the settlement of soldiers and other military and political matters.
Eight, "Jiajing case"
Qin and other national libraries have clear copies of the book. Fan Qin, also known as An Qing, was born in Yinxian (now Ningbo, Zhejiang). When Jiajing was a scholar, he was tired of being the right assistant of officers and men. Fan Qin, a famous bibliophile in Ming Dynasty, likes to buy books and build pavilions for collection. The Collection of Tianyi Pavilion consists of nineteen volumes, and Jiajing Case is one of his books. This book has collected more than 80 economic examples of Jiajing Dynasty in Ming Dynasty, including land reclamation, land expropriation, land owned by the state, temple land, seed planting, land grain, land rent, land relief, salt law, tea law, money law, wine vinegar, horses and sheep, fish, forage, fruits and vegetables, vegetable farmers, grain accumulation, mulberry fields, mining and border storage. In the economic laws and regulations of the Ming Dynasty, there are many separate laws on the classification and compilation of land acquisition, taxation, salt law, water transport, factory storage and reclamation, while there are relatively few legal documents compiling various economic legislation in the same dynasty. Jiajing Case is a rare compilation of economic laws of the same dynasty.
There were hundreds of laws and legal compilations in the Ming Dynasty. There are 25 kinds of legal classics in Ming Dynasty in the Collection of Rare Legal Books in China (volume 14) edited by Liu Hainian and me. It mainly includes: Daming Law, imperial edict, imperial edict continuation book, imperial edict trilogy, imperial edict advocating martial arts, direct interpretation of Daming Law, list of religious figures, accusation education, and direct quotation of laws. The Regulations on Interrogation and Punishment, Make-up Examination and New Cases, Jiajing New Cases, Jiajing Re-interrogation and Punishment Regulations, Zongfan Regulations and Jialong New Cases attached to the Direct Introduction to Daming Law really regard capital crime as a civil case. The sequel to China's rare legal classics is a complete companion piece. According to the purpose of teaching and research, and the collected documents should be representative laws, we collected 12 kinds of Ming dynasty legal documents in the sequel. These legal documents are of great academic value for studying the legal history and political, economic and military systems of the Ming Dynasty.
First, the Hongwu Dynasty was the basis of the legislation of the Ming Dynasty, which had a great influence on the legal system of the Ming Dynasty. At present, there are ten main laws in Hongwu Dynasty, except Daming Law and Jiao Min Bangwen, which are basically criminal legislation. The sequel includes five etiquette laws such as Hong Wuli and administrative legislation such as Zhang Zhi. In this way, the representative laws of the Hongwu Dynasty are basically included in the two books after sorting out, which also reflects the whole picture of the legislation of the Hongwu Dynasty.
Secondly, Zhusi Zhangzhi is the most representative administrative legislation in Ming Dynasty. The materials on which the Daming Hui Dian is based are the official positions of various departments, referring to the ancestral training of Ming Chengzu, Da Gao, Da Ming Dynasty, Hongwu etiquette system, stereotyped etiquette writing, Ji Gu customization, filial piety record, missionary list, Daming Law, etc. However, except for the full text of Daming Law, other laws in the Daming Hui Dian are summarized, and not all of them are reproduced in the original law. The purpose of compiling "Ming Hui Dian" is to record the laws and regulations of the Ming Dynasty for the convenience of officials. It seems inappropriate to say that Daming Hui Dian is an administrative code in many writings. When studying the legal system, we should pay special attention to the first-hand information and quote the legal provisions according to the laws promulgated at that time. Da Ming Hui Dian is a second-hand reference material. From the perspective of legal history research, Zhusi Zhangzhi is the first important document to study the administrative legislation and legal system in Ming Dynasty.
Thirdly, Textual Research on Military and Political Regulations and Jiajing Case are precious documents for studying the military, economic and legal systems of the Ming Dynasty. A great development of the legal system in the Ming Dynasty compared with the previous generation was that the legislation in the economic and military fields was more complete. There are many economic and military laws in the Ming Dynasty, but most of them are separate laws in a certain field. Military and political laws and regulations have compiled important military and political system legislation from the early Ming Dynasty to Jiajing for more than 100 years, and its content involves all aspects of military legislation. Although Jiajing Case is a compilation of economic laws of past dynasties, it covers a wide range of fields, so these two documents are quite representative in military, political and economic legislation in Ming Dynasty.
Fourth, the law of Ming Dynasty was relatively developed, with dozens of private interpretation documents. The relationship between legal theory and laws and regulations in Ming Dynasty is an important part of China's legal culture, especially legal thought. For a long time, the academic research in this field is relatively weak and needs to be strengthened urgently. Interpretation of Law and Doubt is an early existing legal annotation document in Ming Dynasty. It not only preserves the Ming law used by 1899 in Hongwu, but also has special value for studying the revision of Ming law and Ming jurisprudence.
Fifthly, the integration of more than 30 kinds of legal documents collected in the continuation provides us with rich information for a comprehensive understanding of the legal system of the Ming Dynasty. In the past study of legal history, there were some defects such as attaching importance to criminal law and ignoring administrative law, economic law, military law and civil law. Some books even use the history of criminal legislation instead of legislative history, which fails to fully reflect the whole picture of China's ancient legal system. There are similar problems in the study of legal history in Ming Dynasty. The arrangement and publication of more than 30 kinds of legal documents will help us to have a more comprehensive understanding of the legal system and legal system in the Ming Dynasty, broaden our horizons, pay attention to various forms of legal research, and promote the scientific study of legal history.