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The T'ang Code
Volume II, Specific Articles
By Wallace Johnson PRINCETON UNIVERSITY PRESS
Copyright © 1997 Princeton University Press
All rights reserved.
ISBN: 978-0-691-02579-7
CHAPTER 1
Subcommentary: The Articles on the Imperial Guard and Prohibitions were not in the codes of the Ch'in, Han, and Wei dynasties. Chia Ch'ung, the prime minister of the Chin dynasty, and others, consulted the codes of the Han and Wei dynasties and, according to the circumstances, added to and subtracted from them, making this section and calling it the Articles on the Imperial Palace and the Imperial Guard. This name was not changed from the Sung dynasty down through the Latter Chou dynasty.
Coming to the Northern Ch'i dynasty, a section on customs barrier gate prohibitions was appended to the Articles on the Imperial Palace and the Imperial Guard and the name was changed to the Articles on Prohibitions and the Imperial Guard. During the K'ai-huang period of the Sui dynasty, the name was changed to the Articles on the Imperial Guard and Prohibitions.
The imperial guard refers to the laws on the jurisdiction of the imperial guard, whereas prohibitions takes its name from the prohibitions regarding customs barriers. Because of veneration of the emperor, to warn against doing what is wrong, and because the offenses described in this section are especially serious, it is placed next to the General Principles section, at the head of all the other sections.
Article 58
Unauthorized Entry of the Gates of the Imperial Ancestral Temple
Article: 58.1a—All cases of unauthorized entry (lan-ju [TEXT NOT REPRODUCIBLE IN ASCII]) of the gates of the imperial ancestral temple, the imperial tombs, or the gates of the imperial grave area are punished by two years of penal servitude.
Commentary: Unauthorized refers to entering where entry is not permitted.
Subcommentary: T'ai [TEXT NOT REPRODUCIBLE IN ASCII] "great" means ta [TEXT NOT REPRODUCIBLE IN ASCII] "large." Miao [TEXT NOT REPRODUCIBLE IN ASCII] "temple" refers to mao [TEXT NOT REPRODUCIBLE IN ASCII] "delineating the ancestors." Because the spirits of the ancestors dwell inside them, such places are called imperial ancestral temples.
As for tombs ((shan-ling [TEXT NOT REPRODUCIBLE IN ASCII]), the San-ch'in chi states that the Ch'in dynasty called the emperor's tomb a mountain ((shan), while the Han dynasty called it a tumulus ((ling). These two terms are also combined to indicate that the tombs are [1b] high and large like mountains and tumuli.
As for the gates of the imperial grave area, The Filial Piety Classic states: "One divines their grave site." If a favorable omen is obtained, the area of the divination is enclosed and made a grave site. Imperial guardsmen are stationed at all of these places to protect them, and those persons who are permitted to go in or out are all listed on a name register....
This article provides no punishment for entry of the rooms of the imperial ancestral temple, but in accordance with the text below, which reduces the punishment for offenses connected with the imperial ancestral temple one degree below those connected with the imperial palace, the punishment should be one degree less than for unauthorized entry into the imperial presence, or life exile at a distance of 3,000 li.
Climbing onto the tombs without a reason is punished the same as entry of the rooms of the imperial ancestral temple.
Article: 58.1b—Climbing over a wall is punished by three years of penal servitude.
58.2—Offenses connected with the Altar of the Soil are punished one degree less in each case.
58.3a—If the guardsmen are not aware of the offense, their punishment is reduced two degrees below that of the criminal.
Commentary: Guardsmen refer to those who are taking their turn standing duty.
Subcommentary: ... Climbing over the wall of the Altar of the Soil or entering without authorization are both punished one degree less than for the same offense involving the imperial ancestral temple.
Guardsmen refer to soldiers serving as imperial guardsmen who are standing guard at the imperial ancestral temple, imperial tombs, and the Altar of the Soil. If they are not aware that someone has climbed over the wall or entered without authorization, their punishment is reduced one degree below that of the criminal in each case.
Guardsmen refer to those who take turns standing duty [51] during the day and night. If they are not standing duty (at the time of the offense) they are not punished.
Article: 58.3b—If the commanding officer is not aware of the offense, his punishment is reduced one degree further.
[2a] Commentary: Commanding officer refers to those who are themselves in a supervisory capacity at a particular place.
Subcommentary: Commanding officers refer to those in command of imperial guardsmen at the imperial ancestral temple, the imperial tombs, and the Altar of the Soil. Where the rank is provisional, the officer is still punished, irrespective of rank. They also have their punishment reduced one degree further and are only punished when they are personally in charge.
Article: 58.3C—Those who deliberately connive at such offenses receive the same punishment as the criminal.
Commentary: Other articles concerning guardsmen and being in charge of gates follow this article.
Subcommentary: Deliberate connivance refers to knowing that a person should not be allowed to enter and yet allowing that person to enter, or knowing that a person is climbing over a wall and not stopping them from doing so. In both of these cases, the guardsmen receive the same punishment as the criminal.
Other articles about guarding imperial palaces, imperial audience halls, and other forbidden places, all of which have persons in charge of gates and guardsmen, where they deliberately connive at or are not aware of an offense, follow this article.
Article 59
Unauthorized Entry of the Gates of the Imperial Palace
Article: 59.1a-i—All cases of unauthorized entry of the gates of the imperial palace are punished by two years of penal servitude.
Commentary: 59.1a-ii—Unauthorized entry of the gates of the imperial palace city is punished the same. Other articles where punishment is required follow this article.
Subcommentary: The imperial palace gates all have name registers ((chi-chin [TEXT NOT REPRODUCIBLE IN ASCII]), and those who enter without permission to do so are punished by two years of penal servitude. Such gates as that of Admirable Virtue are imperial palace gates; such gates as that of Obedience to Heaven are imperial palace city gates.
Other articles where punishment is required follow this article on the imperial palace gates. This refers to such offenses as climbing over walls, guardsmen violating the rules for entry, and falsely assuming another guard's name and substituting for him.
Article: 59.1b—Unauthorized entry of the gates of an imperial audience hall is punished by two and one-half years of penal servitude.
59.1c—If the person is carrying a weapon, the punishment is increased by two degrees in each case.
Commentary: Weapons refer to such things as military weapons and clubs. References to weapons in other articles follow this article.
[2b] Subcommentary: The gates of the Hall of the Supreme Ultimate are examples of such doors. If the person is carrying a weapon, the punishment is increased two degrees in each case means that unauthorized entry of the imperial palace gate while carrying a military weapon or a club is punished by three years of penal servitude. If the gate is that of an imperial audience hall, the punishment is life exile at a distance of 2,000 li.
Military weapons refer to such things as bows, arrows, swords, and spears. Clubs include those made of both iron and wood. Other articles that refer to carrying weapons into the imperial presence (covered later in this same article) as well as carrying weapons while committing robbery by force" follow this article.
Article: 59.2a—Entry into the imperial pavilions is punished by strangulation.
Commentary: Wherever imperial honor guardsmen are stationed the punishment is the same as under the law on unauthorized entry of the gates of an imperial audience hall. Going through a door in the imperial palace where there are no name registers follows this article.
Subcommentary: In the imperial pavilions refers to there being imperial pavilions on the east and west sides of the Hall of the Supreme Ultimate. There are no name registers at the doors of these halls. Those who are allowed to enter are listed in an imperial edict. Those who enter without authorization are punished by strangulation.
Wherever imperial honor guardsmen [52] are stationed refers to their not being stationed within the imperial pavilions but that they enter only when summoned from within. If a person enters where he should not, he receives the same punishment as those who enter the gates of an imperial audience hall without authorization, that is, two and one-half years of penal servitude. Those who carry weapons are punished by life exile at a distance of 2,000 li.
Imperial palace gates where there are no name registers refer to gates such as that of Manifest Respect and Devout Transformation. Those who go through them, as well as those who enter improperly and without authorization, are punished by strangulation. Where there are imperial honor guardsmen, the punishment is the same as under the law on unauthorized entry of the gates of an imperial audience hall.
Article: 59.2b—If a person carrying a weapon enters the imperial presence, the punishment is decapitation.
Commentary: 59.2C—Those who do so through confusion or by error (mi-wu [TEXT NOT REPRODUCIBLE IN ASCII]) may send up a petition.
[3a] Subcommentary: This refers to carrying weapons into the imperial pavilions as well as entering the gates of the imperial palace. Even though the person is not carrying a weapon, if he comes into the imperial presence the punishment is decapitation in both cases.
Through confusion or error refers to where the unauthorized entry was not intentional. In such cases a petition may be sent up requesting the imperial decision.
Article: 59.2d—If a person who is permitted to enter the imperial pavilions does so carrying even a one-inch knife and there are no imperial honor guardsmen present, this is also punished as unauthorized entry.
Subcommentary: Permitted to enter the imperial pavilion refers to being on an imperial edict and, when the imperial honor guard is summoned to lead the person in, being allowed to carry such weapons as a sword. But if the person enters carrying even a one-inch dagger where the imperial honor guard is not present, the punishment is for unauthorized entry. If what is carried is not a military weapon or a club, the punishment is only strangulation. But the punishment for carrying a military weapon is decapitation.
Article: 59.2e—Even when a sword is brought in, it is not allowed to carry a sword such as is used in warfare. Such offenses are punished as unauthorized entry with the punishment reduced two degrees.
Subcommentary: Even when a weapon may be brought in, if a person improperly enters carrying a sword that is used in warfare where it is not permitted, the punishment is reduced two degrees to three years of penal servitude.
Article: 59.3—Unauthorized entry of the imperial kitchen is punished by life exile at a distance of 2,000 li.
59.4—Unauthorized entry of the imperial gardens where entry is controlled is punished by one year of penal servitude.
Subcommentary: The imperial kitchen is where the emperor's food is prepared and entry is controlled. Those who enter without permission are punished by life exile at a distance of 2,000 li....
This refer to the imperial gardens where there is a name register at the gate. [3b] The punishment for these offenses is not increased if the criminal is carrying a weapon or jumps over the wall.
Article 60
Unauthorized Entry Means Passing over the Threshold
Article: 60.1a—All cases of unauthorized entry take passing over the threshold as the deciding factor. Where the person comes to but does not pass over the threshold, for the palace gates, the punishment is eighty blows with the heavy stick.
60.1b—The punishment increases progressively by one degree for the gates of an imperial audience hall and the doors within such halls.
Subcommentary: The threshold defines the door. If a person making an unauthorized entry comes only as far as the doorway and does not pass over the threshold, the punishment is eighty blows with the heavy stick for palace gates. Within the imperial palace grounds are imperial audience hall gates to which entry is not allowed. Cases where a person comes to the threshold of an imperial audience hall gate but does not pass over it are punished by ninety blows with the heavy stick. If inside the gates of an imperial audience hall where imperial guardsmen are stationed a person comes to the threshold of an imperial pavilion door but does not pass over it, the person is punished by one hundred blows of the heavy stick.
[53] Article: 60.2a—Climbing over the wall of an imperial audience hall is punished by strangulation.
60.2b—Climbing over the wall of the imperial palace is punished by life exile at a distance of 3,000 li.
60.2c—For climbing over the wall of the imperial city the punishment is reduced one degree.
60.2d—For climbing over the wall of the capital city the punishment is reduced one degree further.
Subcommentary: Climbing over the wall of an imperial audience hall, no matter whether leaving or entering it, is punished by strangulation. The imperial city refers to walls with such gates as that of the Vermillion Bird, where the offense is punished by three years of penal servitude. Capital city refers to walls with such gates as that of Brilliant Virtue, where the offense is punished by a reduction of one degree further to two and one-half years of penal servitude.
[4a] Article 61
Those Who Are Not on the Name Registers at the Gates of the Imperial Palace or an Imperial Audience Hall
Article: 61.1—All cases of those who are not on the name registers at the gates of the imperial palace or imperial audience halls and who enter by falsely assuming another person's name are punished for unauthorized entry.
Subcommentary: Those who are allowed to enter the imperial palace, the imperial audience halls, or the various offices in the capital city are all listed on name registers. Those whose names are not on the name register and yet are permitted to enter are all escorted in. Those who are not listed on a name register and who enter without being escorted by falsely stating that they are on the name register or by assuming another person's name are punished by two years of penal servitude for entering the imperial palace and by two and one-half years of penal servitude for entering an imperial audience hall. If the person is carrying a weapon, the punishment is increased two degrees in each case.
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Excerpted from The T'ang Code by Wallace Johnson. Copyright © 1997 Princeton University Press. Excerpted by permission of PRINCETON UNIVERSITY PRESS.
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