The following three texts are pieces of judicial cases adjudicated by two late Ming provincial officials. They have been selected from the recently published collection of Chinese legal materials entitled Lidai panli pandu 歷代判例判牘.1 The first and third documents are from Mao Yilu’s 毛一鷺Yunjian yanlüe 雲間讞略 (A Brief Account of Judgments in Songjiang). The second one has been selected among Qi Biaojia’s published cases. Though only a handful of printed Ming legal casebooks have survived, the genre flourished from the Wanli era on, in part because of the spread of commercial printing, but also as a consequence of the changes introduced in the panyu 叛語 (legal) test of the official examination process.2 These three documents all deal with contested servile identities. They provide elements to understand how status were negotiated in judicial context (i.e. when status issues were, for various reasons, submitted to local authorities) and how “civil” matters were adjudicated. Though highly rephrased so as to match with the standards of official judicial documents, they also provide an introduction to the reading of legal cases on local society, as well as to the issue of bondage in late Ming China.
A native of Sui’an (Zhejiang), Mao Yilu (?-1629) began his official career as a prefectural judge (tuiguan 推官) after he passed the jinshi degree in 1604. Known for his integrity and his expertise in adjudicating cases, Mao nonetheless became a controversial figure for his association with the eunuch Wei Zhongxian against the Donglin (in particular against Zhou Shunchang 周順昌).3 When emperor Chongzhen ascended the throne, Mao was then prosecuted as one of Wei’s followers. He died in 1629. The stele he had erected in honor of Wei later became a place of worship for Wei’s victims. The Yunjian yanlüe is an anthology of “court findings” (yanyu 讞語) composed by Mao during his first tenure as prefectural judge of Songjiang 松江and acting magistrate in Huating 華亭and Qingpu 青蒲 (1606-1610). Judgments were composed of two pieces: the verdict (zhaoni 招擬), and the yanyu. Both were read aloud at the court and transmitted to the superior administrative level for review. Contrary to the verdict, the yanyu are summaries of the case in which the magistrate principally justified his sentence.
After he served as prefectural judge of Xinghua 興化 (Fujian), Qi Biaojia 祁彪佳 (1602-1645) served as acting magistrate for Putian 莆田. In 1631 he was promoted to a position of censor and became regional inspector (xun’an 巡按) for the Suzhou-Songjiang region in 1633. Dismissed soon after, he retired to his home county to take care of his mother. During that period, he was involved in local efforts. He resumed his position of censor in 1643 and served the Southern Ming for as Jiangnan grand coordinator (xunfu 巡撫) before he retired. When the Manchus invaded Zhejiang he committed suicide. The An Wu qinshen xigao 按吳親審檄稿 (Draft Opinions from Cases Personally Tried as Regional Inspector of the Wu Region) is one of the 26 known works of Qi Biaojia (among manuals for famine relief manuals or military defense, collections of administrative pieces, a diary, plays, etc.). It consists of judicial statements delivered while the author was reviewing judgments by local officials as Su-Song regional inspector (1633-34). The selection is made of serious or noteworthy cases reviewed by Qi and addressed to the officials who originally dealt with the cases. Concrete information contained in the original dossiers is mostly absent from the texts collected here4.
Text I: 一件陷盜抄沒事 (Qingpu 青浦)
Mao Yilu, Yunjian yanlüe, repr. in Yang Yifan (dir.), Lidai panli pandu, vol. 3, p. 415.5
江院李批青浦縣告人孫德狀
前件審得。孫宗之父孫成幼曾鬻身於孫德之先世。距今且六十餘稔。奕葉再傳。彼此自立門戶久矣。上年會宗有繼兄孫喬病癲瀕危。宗欲垂涎xian所有。而又自分異姓兄弟。恐不足馭喬而制其命。乃復構德為主訟喬而並及喬婿莊蛟。縣審德非喬主。而喬父孫成舊契猶存。姑斷給德銀二兩。以稍示餼羊之意。仍令喬與宗均出。蓋以喬係成繼子。宗實成親子。宗雖構德而訟喬。法固不得捨宗而獨重喬也。維時德以赤貧尚張哺以啗莊蛟。所斷尚未屬厭。而宗與喬復不給此斷銀。於是德並恨宗。謀之姚陳為一綱盡收之計。陳遂為德謀主。令德以陷盜告。而又令德告己為白捕。意蓋黨德攻宗。又不令露黨之之迹。所謂向人用背。術固幻如蜮也。孰知藏頭露尾。一鞫肺肝自見。夫德以數十年漫滅之故紙。欲奴人於奕世。貪而且痴。設宗輩與德果有關涉。彼父死母嫁之日。何無纖毫着落。至今日始妄捏偽券。說鬼耶。說夢耶。更可訝者。株連蔓引。致欲波及婿家。並填貪壑。則何異癡人想天雨粟su乎。姑念事微有倪。不深督過。姚陳何物。而乃從中煽雪。覆手作雨。險惡可恨。即孫宗同為德所訟。而向者構德之事。實宗作奸。自中正諺所云。開門揖盜。搬石自磕者也。徒以互訐生情。都無有詐贓染指者。俱從薄創。
Text II: 一件陷奴殺父等 (Kunshan 崑山)
Qi Biaojia, An Wu qinshen xigao, repr. in Yang Yifan (dir.), Lidai panli pandu, vol. 4, p. 517-518.
行據崑山縣解犯王卿等到院。審得金忠、金孝之祖金成以子金彭鬻身王家。向來服役無異。自王宦相繼故後。家道式微。忠與孝遂另居於外。若不知有世僕之分者。而人亦遂忌其為王氏僕。此許生彩之所以與結婚也。天啟七年。王之族王卿責其失禮。與之相競。而金孝則刁悍之尤者。反藉以出告。欲洗脫奴名。而訟端自此興矣。是時王之合族即有原是世僕之說。非今日王春元發後而方認之也。惟認之於尚在式微之時乃為真耳。乃金孝率其侄金雅、金韻所以反行告訐者。無所不至。金忠在則告簽釘。金忠死則告人命。不知反噬之計雖工。主奴之分畢究尚在。據理據法。自應斷歸復役。而金雅妄告人命之罪。已痛懲之矣。然為王族計。此奴既悖悍如許。若令之執役家庭。明是引賊入門。他日恐有蕭墙之禍。正不必其身親掃除之役。而後可以正主奴之分也。自今日之從公一斷。金孝輩亦斷不敢反噬其主人矣。然孝之所以聳人者。以王氏利吾貲耳。則有一為王氏明白心迹之法。夫身為王氏之身。業則金氏之業也。凡金忠、金孝所置之產在金戶內者。許其赴縣給帖世守。王氏青衿皆自好。誰肯顧此不義之貲。則孝之所以聳動問官者。其計窮矣。立案。一應告詞盡行註銷。撫院詞即抄招回覆。
Text III: 一件豪惡事 (Huating 華亭)
Yunjian yanlüe, p. 420.
鹽院韓批華亭縣告人高忠狀。
前件審得。高忠生於蔣電。繼於張倫。而電與倫皆蔣貞厮養也。查貞曾售倫於國琦之父。則忠真琦僕耳。雖忠以吏役出居。騎墻於良賤之間。然未敢抗禮於琦也。後忠漸萌跋扈。意在飽颺。琦因告府批縣。忠亦誑憲批府。兩審皆坐忠以罪。而仍歸忠於琦。亦唯是溯源及流。分誼無可跳越也。乃忠今日之復控者何。故緣當日訐訟時。兩造親族欲為息訟計。議忠以四十金酬琦。以忠出姓。蓋見忠鞅鞅不願為乘。而又以忠為倫繼子。非親子也。琦欲許之。而蔣貞以故主之由。乘間爭阻。忠又寒盟於所議之數。故議中寢。而忠且徘徊於將出將入之際。趑趄於不良不賤之途。故遂以銀田指為詐贓。復誑本院。今細審辭證。與議諸人僉謂忠真琦僕也。訟時果議忠出姓也。琦果已許可。而銀田尚未交割也。即蔣玄簡為貞親族。不能諱立議約之非真。則已有成議而背之。貞多事矣。即余孝為忠姻婭。不能諱主僕之非真。則意在出笠而反大言反噬。忠尤誕妄可恨矣。第主僕以義聚。強項如忠。琦能保其終為己畜乎。矧前此卵翼之餘。尚許之優游局外。今業已許之解維而復縶其奔踶也。得乎。應從眾議。仍令以四十金給琦。並斷銀三兩給貞。稍示不忘水木之意。聽忠出姓歸宗。以杜訟端。高忠刁訐。應反坐。第念銀田原有影響。議約出於兩願。姑從末減。蔣貞以已賣之僕。復多翻弄。亦應並杖。
Glossary
Text I:
• 陷盜: to fall in a bandits’ nest (to be trapped)/falsely accuse of theft
• 抄沒: to make an inventory and to seize
• (江)院: administrative office, judicial court (of Songjiang)
• 批: answer (from a superior official)
• 縣: district (administrative unit)
• 告人: plaintiff
• 狀: written complaint
• 前件: (according to) previous statements
• 審得: “it is found that” (審: to investigate; 得: to come to a conclusion, it appears)
• 鬻身: to sell oneself, to be sold
• 稔: yearly harvest > year
• 奕葉, 奕世: successive generations
• 傳: perpetuate
• 門戶: home, family
• 繼兄: adoptive elder brother
• 病癲: dementia, depression
• 瀕危: agony, about to die
• 垂涎: to envy
• 異姓: of a different surname
• 馭, 制: control, to get hold on
• 構: to foment, to join
• 主: principal; master
• 訟: to accuse, to charge
• 契: contract, deed
• 姑: for now, temporarily
• 斷: to decide, to pronounce a judgment
• 餼羊: ritual offering made of a sheep; rites, sense of proprieties
• 令: to order
• 均出: to pay out equally, share the burden of the fine
• 蓋: because;
• 繼子: adoptive son (as opposed to 親子natural son)
• 固: naturally, certainly
• 捨: leave behind, set aside
• 重: heavy, to weigh, to increase
• 維時: then, at that moment
• 赤貧: dire poverty
• 張哺: open one’s mouth
• 啗: to swallow, to devour
• 厭: to be satisfied with
• 斷銀: fine (lit. “pronounced money”)
• 謀: to plot, to conspire
• 一綱盡收: lit. “to take it all with one net”
• 計: stratagem
• 謀主: principal, instigator
• 陷: trap, to trap, to harm someone
• 盜: to steal, to rob, robber, secretly
• 告: to state, to charge
• 白捕: assistant of a bukuai 捕快 (yamen underling in charge of the capture of criminals, 捕快之白役)
• 向人用背: to turn one’s back on others
• 術: stratagem
• 幻: illusion; to metamorphose
• 蜮: a magic and deadly turtle (treachery, nastiness)
• 孰知: who knows; to know perfectly
• 藏頭露尾: to betray oneself
• 鞫: to investigate, to question
• 肺肝: entrails (lungs and liver)
• 漫滅: illegible
• 貪: greedy
• 癡: fool
• 設: let’s assume that
• 關涉: to be connected to
• 纖毫: the smallest
• 著落: to organize, to get involved in
• 妄捏: to forge without thinking (or vainly)
• 偽券: fake document
• 可訝: amazing, astonishing
• 株連蔓引: to implicate many persons
• 貪壑: covetousness without limits
• 癡人想天雨粟: a fool who believes grain falls from heaven
• 倪: limit
• 督過: to blame, to sentence
• 從中煽雪: making snow fall by turning one’s hand
• 覆手作雨: making rain fall by turning one’s hand again
• 險惡可恨: dangerous and detestable
• 向者: once, formerly
• 作奸: deceitful, commit crimes
• 諺: proverb
• 開門揖盜: open the door to greet the robbers
• 搬石自磕: to harm oneself when moving stones
• 徒: it is only, it is no more than
• 訐: to accuse, to incriminate, to denigrate
• 詐贓染指: fraud and corruption
• 薄創: light reprimand
*
Text II:
• 行據: testimony, evidence
• 解: (of criminals) transfer, send
• 到院: arrive at the tribunal (about pices)
• 服役: to perform service, to serve
• 無異: indifferently, without difference, without contesting
• 宦: official(s)
• 相繼: successively, one after the other
• 家道式微: ruined
• 另居: to settle separately
• 世僕: hereditary bondservant
• 分: distinction, lot, status
• 忌: to be jealous of, despise, hate; here: to remain silent about
• 天啟七年: 1627, seventh year of the Tianqi era
• 責: reprimand
• 失禮: loose sense of proprieties/etiquette
• 刁悍deceitful and violent
• 藉: to take advantage of, to use as an excuse
• 洗脫奴名: to wash away and get rid of the name “bondservant”
• 訟端: origins of a case
• 認: recognize, admit, proclaim
• 簽釘: to nail, to plant (?)
• 反噬: counter attack, counter accusation
• 主奴之分: the distinction between master and bondservant, the respective status of …
• 據理據法: according to principles and law
• 斷歸復役: pronounce the return back to service
• 痛懲: punish severely
• 悖悍如許: so stubborn and brutal
• 執役: to serve
• 蕭牆: screen situated near the entrance door > inside the house > domestic
• 不必: no need to
• 掃除: to sweep up
• 從公: public matters; impartial, fair
• 聳(動): to shock, to scandalize, to cause trouble
• 利吾貲: take advantage/profit of one’s wealth/goods
• 心迹: heart, sentiments, intentions
• 業: activity, profession, occupation (the product of one’s labor)
• 置: buy, acquire
• 給帖世守: get a certificate to keep for generations (insuring perpetual property of all goods)
• 青衿: blue collars, scholars, literati
• 自好: self-respect, dignity
• 不義之貲: unrighteous goods
• 問官: judicial official, magistrate
• 立案: to register a case
• 註銷: cancel
• 抄招回覆: 抄招= statement; 回覆= reply
*
Text III:
• 鹽院: salt circuit intendant office (Mao’s superior official)
• 繼: to be adopted, to succeed to
• 厮養: servant
• 售: to sell
• 吏役: yamen servant
• 出居: to move,
• 騎墻: to be astride
• 良賤: honorable and mean (status)
• 抗禮: to consider oneself as equal
• 漸萌: progressively become
• 跋扈: brutal and arrogant
• 飽颺: once satisfied, to separate from
• 誑: to lie
• 憲: provincial judge
• 坐: to give a verdict, to sentence
• 溯源及流: to search for the cause
• 分誼: status and propriety
• 跳越: to overstep
• 訐訟:
• 兩造: the opponents
• 酬: to pay as compensation
• 鞅鞅: dissatisfied
• 乘: to obey, to serve?
• 乘間: to seize the occasion
• 阻: to oppose
• 寒盟: to break one’s word
• 中寢: to be stopped prematurely
• 徘徊: undecided
• 趑趄: to hesitate
• 銀田: goods
• 詐贓: blackmail and fraud
• 辭證: evidence, statement
• 與議: those who took part in the negotiation
• 僉= 全
• 交割: to hand over
• 多事: to interfere
• 誕妄: to boast
• 聚: to be bound by
• 強項: arrogant, inflexible
• 畜: to keep, to possess, to raise
• 矧: moreover
• 卵翼: to raise, to protect, to nurture
• 解維: to break the bond, to release
• 縶: to tie up
• 奔踶: to run
• 不忘水木之意: remind where on comes from
• 刁訐: to charge, to accuse (with ulterior motive)
• 反坐: to sentence to the penalty incurred by the crime one falsely denounced
• 影響: influence, effect
• 末減: to mitigate
• 翻弄: to manipulate
Tables
Text I
Text II
Text III
1 Yang Yifan et al. (ed.), Beijing: Zhongguo shehui kexue chubanshe, 2005, 10 vol.
2 Questions on judicial terms (and later model verdicts aimed at allowing candidates to demonstrate their skills in applying the law to practical judicial cases) were introduced in early Ming metropolitan examination system at Hongwu’s behest to promote “practical learning” (shixue). See Tam Ka-chai “Favourable Institutional Circumstances for the Publication of Judicial Works in Late Ming China”, Etudes Chinoises, 2009.
3 Zhou Shunchang was severely injured and mutilated in 1626 by the imperial agents that Wei had sent to arrest famous Donglin leaders in Suzhou. This resulted in a famous social outburst.
4 For more reference about the two legal casebooks presented in this session and their authors, see Will, Pierre-Étienne, Official Handbooks and Anthologies of Imperial China: A Descriptive and Critical Bibliography [in progress].
5 A somewhat similar case can be found in Yunjian yanlüe, p. 512.