My Portable Ming Dynasty

Chapter 185 Request for Amendment of the Civil Code

Emperor Longqing received Su Ze's memorial from Feng Bao.

"Memorial on the Reform of the Elephant Breeding Office and the Duties of the Garrison Commander"
Emperor Longqing had a habit of reading the memorials first and then looking at the Grand Secretaries' draft opinions.

This was to avoid being led by the opinions of cabinet ministers and to first read the memorials to understand the specific situation.

The Longqing Emperor opened the memorial, the first half of which concerned the elephant breeding facility.

Su Ze proposed to the emperor that the elephant pens be opened as a royal zoo, allowing ordinary people in the capital to participate, and that funds be raised through donations of silver.

"I have heard that when King Wen of Zhou built the Lingtai Terrace, the common people came to worship him, and when Emperor Wu of Han opened the Shanglin Garden, all the beasts danced in celebration. This is because when a sage king rules the world, he ensures that rare birds and exotic animals can live in harmony with the heavens, and that the common people can all enjoy his blessings."

Upon seeing these two sentences, Emperor Longqing smiled, saying that both King Wen of Zhou and Emperor Wu of Han were wise rulers throughout the ages.

If someone else had written it this way, it wouldn't have mattered, but the emperor was quite pleased with Su Ze's flattery.

"Upon inspection, we found that the elephant pens kept twelve elephants, one unicorn, and more than thirty other animals, including steeds and rhinoceroses. These were all auspicious tributes from previous foreign vassals, truly a sign of peace and prosperity."

"The elephant breeding ground now occupies 20 hectares, with secluded forests and springs. If it were to follow the old system of Lingtai, it would be open once every ten days, and Master Xu Jing would bring his children to visit."

Donating silver to support military expenses is nothing new.

The system of donating silver existed as early as the Tang and Song dynasties, and there were precedents in the Tang and Song dynasties for using silver donations to open royal gardens and hunting grounds.

Su Ze listed the expenses of the elephant shed, which amounted to nearly six thousand taels of silver annually just for feeding and personnel costs.

If Su Ze's method is followed, several thousand taels can be saved in the first year. Emperor Longqing himself did not care much about raising elephants, so opening the elephant farm can be considered as sharing the joy with the people.

Just as the emperor picked up his imperial pen, ready to approve the memorial, he discovered that there was a second half to the memorial.

This section is about the Zhenfu Division.

Since it concerned the Zhenfu Division, the Longqing Emperor sat up straight.

The Embroidered Uniform Guard's Zhenfu Division was a special institution. Emperor Longqing himself did not like to use the Zhenfu Division, but his father, the emperor, loved to use it.

Back then, Hu Zongxian was imprisoned in the Zhenfusi prison and committed suicide there.

Wang Shizhen's father also died after being arrested and imprisoned in the Zhenfusi Imperial Prison.

Ministers during the Jiajing reign were terrified upon hearing of the Imperial Prison of the Zhenfu Division.

Compared to his father, the Longqing Emperor's ascension to the throne was smoother, his legitimacy was stronger, and the political situation was more stable.

While he was in the Prince Yu's residence, he was also under constant surveillance by the Eastern Depot and the Embroidered Uniform Guard, and he disliked these intelligence agencies by nature.

After ascending the throne, Emperor Longqing released political prisoners from the imperial prison, thus freeing up the Zhenfu Division imperial prison.

Of course, the fact that the emperor himself did not use it does not mean that the emperor would abolish the Zhenfu Division.

Just like the army, peace and prosperity do not mean that the army can be laid to rest. The Eastern Depot and the Embroidered Uniform Guard are part of the imperial power.

However, after reading Su Ze's memorial, Emperor Longqing frowned.

Su Ze's memorial was not a request to abolish the Zhenfu Division.

If that were the case, the emperor would simply reject his memorial.

After repeatedly reading Su Ze's memorial, the Longqing Emperor understood his intention: to change the function of the Zhenfu Division.
No, it's not just about changing the functions of the Zhenfu Division.

The Longqing Emperor is now very familiar with Su Ze's tactics. Su Ze not only wants to change the functions of the Zhenfu Division, but also wants to take action against the entire judicial system of the Ming Dynasty!

In his memorial to the throne, Su Ze proposed the concept of criminal law and civil law.

Treason, murder, arson, and other heinous crimes are cases that the court must immediately adjudicate in order to set an example and clarify public morals. These cases are the criminal laws of "clarifying punishments and assisting education" in the Book of Documents.

However, private lawsuits, disputes over land and property, and discord between neighbors, as well as cases involving household matters, marriage, land, money, and debts, are not as heinous as the cases mentioned above. The matters involved are usually trivial, and Su Ze categorizes them under civil law.

Su Ze further stated that due to the large number of civil lawsuits in the capital, the cases in Shuntian Prefecture were piling up, and many serious criminal cases could not be tried in a timely manner.

In cases of litigation disputes between ordinary people, the government would arrest both the plaintiff and the defendant without explanation and imprison them. In order to get their people out of prison as soon as possible, ordinary people would spend all their wealth to bribe officials and yamen runners.

Some local officials, disgusted by the people's lawsuits, used the charge of "litigation" to arrest and imprison plaintiffs and defendants without explanation, and sentenced them arbitrarily without following the "Great Ming Code."

As a result, the people had no trust in the government, clan-based private punishments were rampant in some areas, and disputes outside the clan were resolved through armed fights, with the government not daring to intervene.

If this continues, it will seriously damage the prestige of the imperial court and government.

Emperor Longqing took this seriously. Criminal law was indeed no small matter. The situations Su Ze mentioned had actually been reported by officials of the Ministry of Justice.

However, the Ministry of Justice also had no good solutions.

In the early days of the dynasty, the people were relatively simple and honest, the land was vast and sparsely populated, and there were fewer economic disputes than there are now.

During the Longqing reign, with the development of the local economy, lawsuits concerning matters such as household registration, marriage, land, and debts increased, and lawyers specializing in handling these cases emerged, which placed an unbearable burden on local governments.

In some places, litigation was rampant, and there were even litigious people who encouraged others to file lawsuits. Many officials in the Ming Dynasty believed that litigation corrupted public morals.

However, the Ministry of Justice could never come up with any effective suggestions.

Su Ze proposed a solution.

The Zhenfu Division was reorganized, and a portion of the Jinyiwei (Imperial Guards) skilled in law and interrogation were separated to form the Criminal Case Division, which was specifically responsible for handling criminal cases in the capital.

In the event of major cases such as treason or murder, the Criminal Division of the Zhenfu Division would directly intervene to apprehend the perpetrators as quickly as possible and maintain the security and stability of the capital.

Meanwhile, another part of the Zhenfu Division of the Embroidered Uniform Guard established a Civil Affairs Division, which was specifically responsible for matters related to money and debts.

The remaining matters concerning household registration, marriage, land, and other issues were left to the Shuntian Prefecture to handle because they involved the local people.

"In this way, criminal cases can be handled quickly, and the wicked and stubborn will be deterred. In the past, Emperor Xuan of Han established the Court of Justice, which reduced the number of prisoners; Emperor Taizong of Song established the Court of Criminal Trial, which kept prisons empty. Now, with the reform of the Garrison Command, the annual expenses will be reduced by tens of thousands, and the criminal law will be clear and transparent. This is truly an important task that benefits the good governance of the emperor."

The emperor actually had no objections to this part.

As Su Ze stated in his memorial, these matters were also established in the previous dynasty, and the duties of the Zhenfu Division included these issues, so it was not a problem for them to handle them.

If all else fails, the Ministry of Justice and the Court of Judicial Review can be involved; the three judicial departments can jointly recommend the appropriate person.

However, the establishment of a special Civil Affairs Division within the Zhenfu Division to handle matters related to people's money and debts was unprecedented in all dynasties.

Even before the Civil Cases Division was established, Su Ze had already identified two pillar businesses for it.

The first is the sale of red deeds. Red deeds are standard contracts printed by the government. When people encounter land transactions, they are afraid of subsequent lawsuits and disputes, so the government will print an official standard contract. Because it is printed with red ink, it is called a red deed.

Originally, land deeds were issued free of charge, but as land transfers increased, the government began to charge a processing fee.

However, the clerks saw an opportunity; they would intercept the official contracts and then resell them to the people at a higher price.

The price of red deeds has soared, and ordinary people are reluctant to use them for transactions. As a result, more private transactions have led to more disputes over land ownership.

Su Ze proposed that instead of charging any processing fees, the Civil Affairs Department of the Zhenfu Division should be responsible for selling the red deeds, with each red deed costing five per thousand of the total transaction price.

After the transaction, three copies of the red deed were made, and the buyer, seller, and the Zhenfu Division kept them on file. In the event of a dispute over the sale of the land in the future, the Zhenfu Division could directly retrieve the red deed copy and handle the matter directly.

Another business is private lending.

In cases of private money disputes involving large-scale transactions and loans, the Zhenfu Division can issue red deeds. A processing fee of five per thousand of the total amount is also deducted and kept on file for future reference. In the event of future money disputes, the red deeds can be used to resolve the issue.

Su Ze also suggested that the red contracts of the Zhenfu Division should be specially engraved and printed for anti-counterfeiting purposes. This cost would be called printing money and could be used to supply the salaries of the Zhenfu Division.

At the end of this long memorial, Su Ze revealed the biggest bombshell in the entire memorial.

Please have the Ministry of Justice list out the relevant provisions in the "Great Ming Code" concerning household registration, marriage, land, money, and debts separately, and revise the "Great Ming Civil Code" based on this, using this new code to guide the adjudication of relevant civil cases.

Revise the law!

Good heavens, after revising history and calendar, Su Ze has now presented the emperor with another gift: revising the law.

What is the concept of revising laws? Revising laws is one of the most important things for a dynasty, and emperors who can revise laws are those who will be remembered for eternity.

Even if this amendment only concerned matters such as household registration, marriage, land, money, and debts, it was still a remarkable achievement.

Moreover, according to Su Ze's memorial, revising the law was indeed a necessary task, and it would benefit the country and its people in the future.

Only then did Emperor Longqing turn to the very beginning of the memorial and read through the opinions of the Grand Secretaries.

Li Chunfang requested leave, Zhao Zhenji did not draft a proposal, and Gao Gong and Zhang Juzheng both gave high praise to Su Ze's memorial concerning the revision of laws.

The Longqing Emperor was also tempted.

The annual expenses of the Zhenfu Division are not small. Although Su Ze said in his memorial that it was hard to predict how much "stamp money" could be collected from selling red contracts.

However, there are many transactions involving land and housing in the capital. Many merchants and ordinary people are afraid of property disputes. Even if it costs more money, having the prestigious Imperial Guard witness the transaction would put both the buyer and seller at ease.

Gao Gong's proposed vote is as follows:

"The Zhenfu Division is responsible for both criminal and civil law. It is advisable to order the Ministry of Justice and the Censorate to discuss the division of duties in detail, so as to eliminate the abuses of the nominal existence of the imperial prison and achieve the effect of judicial transparency. This official has deeply penetrated the long-standing problems of the garrison with his financial and economic expertise. He is a wise and experienced strategist who is dedicated to the country. I humbly request Your Majesty's decision."

Zhang Juzheng's evaluation was even higher: "The combination of destruction and construction is truly beneficial to the new policies, and an imperial edict should be issued and implemented as soon as possible."

In addition, Zhang Juzheng stated that the stamp duty money would go directly into the imperial treasury and be specifically used to pay the salaries of the Zhenfu Division.

After reading the memorial, Emperor Longqing still hesitated.

He thought for a moment and then asked Feng Bao, "What does the Eastern Depot think?"

Feng Bao had already devised a plan on the way. When the emperor asked the question, he pretended to think for a moment before answering:

"Your Majesty, I believe that Hanlin Su's memorial is excellent."

This surprised the Longqing Emperor.

As eunuchs of the Directorate of Ceremonial, what they feared most was being accused of "colluding with the outer court."

The Directorate of Ceremonial Affairs was the emperor's household servant. If it stood openly with the ministers of the outer court, what would the emperor think?
Feng Bao was a veteran of the Directorate of Ceremonial, having experienced the brutal court struggles of the Jiajing era and the Prince Yu's residence; he couldn't possibly be unaware of this principle.

The emperor concealed his true feelings and calmly asked, "Then I would like to hear your insightful opinion."

The emperor's words were ambiguous, leaving Feng Bao unable to guess the emperor's true attitude.

The more important a person is, the less they should act impulsively, and the less they should let their subordinates easily guess their thoughts.

Emperor Longqing's attitude was also a test.

At this moment, Feng Bao already regretted it somewhat; what he had done was ultimately a taboo.

But since we've already embarked on this path, we can only go all the way down it.

Although Feng Bao was unsure of Emperor Longqing's true intentions, he still chose to continue down this path.

Feng Bao said:

“Your Majesty, I am not clear about the matters of the Elephant Breeding Bureau and the revision of laws, nor do I understand these important national affairs. However, there is one thing: both the donations from the Elephant Breeding Bureau and the stamp money from the Garrison Command can bring more income to the Embroidered Uniform Guard.”

"In this way, when His Majesty appoints the Embroidered Uniform Guard again, the outer court will have no way to discuss it anymore."

Feng Bao's answer was quite clever.

He was unsure whether the Longqing Emperor approved of Su Ze's policies, and as a eunuch of the Directorate of Ceremonial, it was inconvenient for him to express his opinion on such a major policy matter. If he misjudged the emperor's attitude, his future would be ruined.

Feng Bao didn't talk about anything else, but only about the benefits of Su Ze's memorial. These silver receipts could reduce government expenditures and increase the revenue of the imperial treasury.

Without using the funds from the outer court, the emperor could later use the Jinyiwei (Imperial Guard) commanders and captains to bestow titles and rewards, and the outer court officials would have no objections.

Since Feng Bao was in the position of the emperor's inner court official, there was naturally no problem with him saying this.

As for whether this civil law can be revised, that's a matter for the outer court.

After Feng Bao finished speaking, the Longqing Emperor thought of the Lantern Festival.

The imperial treasury also contributed funds to the Lantern Festival, and the results were excellent. After the festival ended, the officials of the outer court did not criticize the emperor for his extravagance as they had done before. The people of the capital praised the event, saying that the Lantern Festival was a grand occasion.

The same was true for the subsequent Hundred Plays Festival and Lingji Palace Grand Assembly. The Hundred Plays Festival was organized by the Crown Prince using money earned from idle shops of the royal family and old items stored in the imperial treasury. The opening ceremony was a great success, and the officials and the people all praised the Crown Prince's filial piety.

The emperor was also aware of Su Ze's ability to make money. If he could really make money, then the emperor would no longer have to endure the nagging of the officials in the outer court when rewarding his confidants and relatives.

Thinking about it this way, amending the law is actually a side effect.

The Longqing Emperor made up his mind and said to Feng Bao, "Issue an edict to the Ministry of Justice, ordering Vice Minister Li Yiyuan to lead the officials of the Ministry of Justice to discuss how to revise the civil law and submit a memorial."

"The elephant breeding station and the civil affairs department of the Zhenfu Division can start handling the matter first. The remaining matters will be discussed in detail by the Ministry of Justice, and then the criminal case powers and responsibilities of the Zhenfu Division will be determined."

(End of this chapter)