My Portable Ming Dynasty

Chapter 485 Li Yiyuan, with a basic understanding of criminal law

Hearing the commotion outside, Xu Shuli was a little worried about Zhang Gui, the postmaster, and said to Li Yiyuan:
"Shall I go out and take a look?"

Li Yiyuan waved his hand, and Xu Shuli left the room.

Then they saw a middle-aged man dressed as a clerk, who was scolding Zhang Gui, the postmaster from earlier.

"That's it?"

Clearly, the clerk was very dissatisfied with the money Zhang Gui had given him for the fodder, so he began to curse:
"The county magistrate is on his way to inspect the county, and you all, instead of doing your part for the county, think you can fob us off with this little bit of silver?"

Meanwhile, the postmaster Zhang Gui knelt on the ground, repeatedly begging the clerk for mercy.

Seeing that there were outsiders in the post station, the clerk couldn't make a scene. He snatched the money bag from Zhang Gui's hand and hurriedly left with his entourage.

Xu Shuli went over, helped the postmaster Zhang Gui up, and asked him:

"But what injustice have you suffered? Is this always the case in this county? Why not appeal to the authorities?"

The postmaster Zhang Gui quickly said:
"Mr. Xu, please don't say that. Our Magistrate Wu is a good official. He just doesn't have the money to patrol the county, so he has to levy a tax on the whole county."

Xu Shuli asked in confusion:

"Is this still a good official?"

Zhang Gui said:

"Yes, when the previous county magistrate was in office, he never inspected the county, nor did he ever come to collect the inspection fee."

“Magistrate Wu is a good official. With spring plowing just around the corner, he had to go to the countryside to inspect the county, so he levied some money for fodder and carriages.”

"In addition to imposing levies, Magistrate Wu also restrained the county officials and yamen runners from disturbing the post stations. He is a rare good official!"

Xu Shuli naturally knew what it meant to inspect a county.

Local officials didn't always stay in the county government office.

Before spring plowing or autumn harvest, some county officials would personally inspect the villages to understand the local customs and conditions.

Zhang Gui was right; those who could inspect the counties during the spring plowing season were indeed good officials.

If an official is lazy in his duties, it would be better for him to just lie down in the county office.

Visiting counties meant going to the countryside, enduring hardships and sleeping in the open, which not only made things difficult but also incurred the dislike of the local gentry.

But only by frequently visiting counties can one truly understand the hardships of the people.

When a county magistrate frequently tours the county, the local people can directly contact the government, which naturally reduces the room for maneuver for the local gentry.

"Your county can't even afford the cost of a county patrol?"

Zhang Gui nodded and said:

“Our Henan is not like the capital region; there are no commercial taxes to collect, and the county government is very poor.”

“Our Magistrate Wu wants to achieve political success, so he has to raise funds from all sides. However, he has a bad relationship with the local gentry and cannot raise silver dollars. He can only apportion funds from various sources.”

Xu Shuli asked:
"Then why not levy a commercial tax?"

Zhang Gui said:

"The county has been trying to requisition it, but the gentry disagree."

"Provincial Governor Liu has also been pushing for commercial taxes. I heard that after Huaiqing Prefecture started levying commercial taxes, the local finances were plentiful, and they used the money to build schools, repair roads and water conservancy projects. The county magistrates in Huaiqing Prefecture were all promoted."

“Our Magistrate Wu also wants a promotion, but those families in the county disagree.”

Xu Shuli understood now.

He recalled that a year ago, before officially taking office, Liu Zhijie, the governor of Henan, had made a promise to the emperor and the cabinet ministers that he would first levy commercial taxes in Huaiqing Prefecture, and then guarantee that within three years, commercial taxes would be levied throughout Henan.

A year has passed, and while Huaiqing Prefecture has achieved remarkable results in levying commercial taxes, other prefectures and counties in Henan have not taken any action.

I heard that this Provincial Governor Liu was also very anxious and submitted several memorials requesting policy support from the imperial court.

It turns out that the main resistance came from the local gentry.

After thinking about it carefully, Xu Shuli also felt a headache coming on.

The relationship between officials and local gentry was very delicate.

Without the support of the gentry, and in areas where commercial taxes were not levied and a new official system was not established, county magistrates were practically incapable of doing anything.

With only so many people in the county government, it's difficult to handle even basic public order cases, let alone collect agricultural taxes.

Officials need the support of the local gentry to achieve political success.

The gentry also needed the endorsement of officials' power in order to maintain their privileged status.

The imposition of commercial taxes would certainly be unaffordable for ordinary farmers, and the local gentry would naturally oppose it.

Moreover, after the introduction of commercial taxes, the government could hold civil service examinations, thereby strengthening the power of local officials and allowing them to handle civil affairs without the involvement of the gentry. This was something that the gentry, who monopolized local power, could not tolerate.

As a result, the situation in Henan ended up in an awkward state.

The levy of commercial taxes in Huaiqing Prefecture was very effective, and officials in various parts of Henan were all envious.

However, when it came to the place they governed, if they wanted to levy commercial taxes, they would be unanimously opposed by the local gentry.

It wasn't just the gentry who opposed it; these gentry also incited local scholars and their tenants to oppose it.

In short, the general consensus is that the imperial court is going to increase exorbitant taxes and levies.

Xu Shuli felt powerless; he was just an official of the Office of Transmission and had no control over such matters.

Li Yiyuan didn't seem inclined to get involved, so he had no choice but to suppress his sympathy for the locals, prepare to rest for the night, and set off early the next morning.

Whether it was the curse of Xu Shuli's words "nothing will happen" or not, something happened again at the post station in the middle of the night.

Xu Shuli heard the commotion outside the post station, and then a group of people rushed into the post station. The Beijing garrison soldiers guarding Li Yiyuan reacted quickly and immediately took control of the post station.

Xu Shuli rushed to Li Yiyuan's room and saw the head of the guards holding a father and son kneeling in front of Li Yiyuan.

"Mr. Xu, these two men trespassed into the inn and were apprehended by us. Those people outside are chasing after them."

Just then, Zhang Gui, the postmaster, rushed in. Seeing the two kneeling on the ground, he said to Xu Shuli in a panic:

"Sir, Mr. Xu, the man outside is Master Zhang, a local lord. These two are servants of Master Zhang's household. Master Zhang has come to arrest them."

Upon hearing Zhang Gui's words, the father, who was kneeling on the ground, stood up and angrily retorted, "Nonsense! My father and I did not sell ourselves to this Zhang! It was clearly this Zhang who seized our land. When my father and I went to the county government to seek justice, we were imprisoned by him. We finally managed to escape to the post station!"

Xu Shuli looked at Li Yiyuan, only to see that the Commissioner of the Court of Judicial Review had a calm expression, clearly having already heard the account of the father and son.

Seeing that the two men were dressed in tattered clothes and had signs of torture on their bodies, Xu Shuli looked at Li Yiyuan and asked:
"Lord Li, what should we do?"

Li Yiyuan calmly said:

"They said they wanted to appeal to the local county government, so we'll just have to wait for the county magistrate to arrive."

"As for how the local county magistrate makes his judgment, that's not something I can control."

"The post station has caused such a commotion. If Magistrate Wu is indeed a capable official as the postmaster said, then we should just wait for him to arrive."

Li Yiyuan then spoke to the guards beside him:
"The post station is a sacred place of the imperial court; outsiders are not allowed to trespass. What shall be done to those who trespass?" The guards protecting Li Yiyuan were all elite soldiers of the newly formed Beijing garrison, and they spoke with menacing intent:

"Kill without mercy!"

The father and son kneeling on the ground, as well as the postmaster Zhang Gui, were all intimidated by the imposing manner of these "guards".

The postmaster Zhang Gui was filled with doubt. Was the old man in front of him just a county magistrate on his way to take up his post in Gansu?

Just as the postmaster had said, this Magistrate Wu was indeed a good official.

After receiving the report from the guards sent by Li Yiyuan, the county magistrate personally led his constables to the post station before dawn.

At the same time, the Zhang family, who had surrounded the post station, made way for Magistrate Wu when he arrived, and a middle-aged scholar came forward to greet them.

Magistrate Wu was a thin, middle-aged official with furrowed brows and thin lips, giving him a harsh and unapproachable appearance.

On the contrary, the "Master Zhang" who ordered the siege of the post station had an honest face and wore a brand-new scholar's robe, which contrasted sharply with the dreary official robe of Magistrate Wu.

"Your Excellency, the county magistrate, you have finally arrived! Two runaway slaves from our Zhang family have escaped into the post station, but someone is trying to protect them. We are waiting for you to come and settle things!"

Magistrate Wu made no attempt to hide his dislike for Master Zhang.

The Zhang family were landlords in the county, and this Master Zhang even held the title of Juren (a successful candidate in the imperial examinations).

Although they were scholars, the Zhang family had a bad reputation in the county. They were known for bullying men and women and for encroaching on the land of ordinary people.

However, this scholar was eloquent and had even studied the "Great Ming Code." Many members of his family also held positions in criminal law. Therefore, every time he filed a lawsuit against someone, he always won.

Through these lawsuits, the Zhang family's land holdings expanded rapidly.

Such people had a special name in the Ming Dynasty—litigation scoundrels.

Magistrate Wu disliked Zhang, the scholar, but he didn't know how to deal with him.

Magistrate Wu came from a poor family and had previously served in a poor county. He simply couldn't afford to hire a clerk who was proficient in criminal law.

Other jobs are fine, but criminal law is too specialized. Magistrate Wu has more than just solving cases, and he doesn't have time to study the "Great Ming Code".

Besides relying on the county's criminal officials, Magistrate Wu had no other choice but to watch as Scholar Zhang repeatedly used the law to seek personal gain.

Magistrate Wu ignored Scholar Zhang and instead stepped into the post station.

After entering the post station, Magistrate Wu saw Li Yiyuan's guards.

He was secretly alarmed. He had already heard on the way that a county magistrate on his way to take up his post in Gansu was staying at the post station.

But looking at these elite troops, they are definitely not people that ordinary people can afford to hire.

When Magistrate Wu met Li Yiyuan, he was even more impressed by the man's extraordinary nature and immediately bowed respectfully to him.

Even ordinary people can sense the aura of a Grand Minister, let alone someone like Magistrate Wu who works within the system.

After exchanging pleasantries for a while, Li Yiyuan brought up the case involving the father and son.

This case is actually quite simple.

Since the Song Dynasty, the concept of "field skin and field bones" has emerged regarding land ownership.

The so-called "field bones" refer to the ownership of land. Generally speaking, it is only considered valid if the ownership is confirmed by the government and recorded in the Yellow Register of Land.

"Tianpi" refers to the right to use land, which is generally a permanent right to use land, also known as perpetual tenancy.

The land cover and the land frame of a piece of land can be separated, and both can be officially registered and traded on the market.

The owner of the field skin only needs to pay a fixed rent to the owner of the field bone every year.

Even landowners can sublet their land, thus becoming so-called landowners.

As for why the land skin and land core should be separated, one reason is that land transactions are quite complicated, especially the transaction of land ownership, which involves too many interests. It is better to directly trade the land contracting rights.

Another point is that holders of land bones often have tax-exempt status. This method can help them avoid government interference and reduce taxes and corvée labor.

During the Song Dynasty, landowners often voluntarily handed over their land to scholars with official titles or to temples in order to evade taxes.

The father and son were in a similar situation.

The father and son also shared the surname Zhang and were distant relatives of Zhang, the scholar who passed the imperial examination.

The previous generation of the Zhang family handed over the land to Zhang Juren's father, while they themselves retained the perpetual tenancy rights.

The previous generation lived in peace, but in this generation, Zhang Juren directly denied the perpetual tenancy rights of the Zhang family father and son and wanted to take back their land.

For this reason, the Zhang family father and son kept running around trying to find a solution.

However, Zhang, a scholar well-versed in legal matters, quickly fabricated charges against the two men and transformed them into his own household slaves.

The Zhang family father and son were imprisoned by Zhang, a scholar, but they managed to escape with great difficulty.

After listening to the accusations of the Zhang family father and son, Magistrate Wu was also greatly troubled.

"Your Honor, please save my father and me!"

Magistrate Wu looked helpless. He paced back and forth for a while before saying to the Zhang father and son:

"You and your son, go to the capital now and report me to the Censorate!"

The Zhang father and son were also dumbfounded. Magistrate Wu sighed:

“I am aware of your case, but that fellow Zhang is well-versed in criminal matters, and I cannot find any flaws in his case.”

"If you go to the capital to file a complaint against me, and the court sends an imperial censor who is well-versed in criminal law to review your case, there is still a chance for your case to be saved."

The Zhang father and son quickly kowtowed and said:
"But what about the county magistrate?"

Magistrate Wu sighed and said:
"As the county magistrate, I am unable to uphold justice for the people of this county, so this is the only way I can resort to."

After listening to the conversation, Li Yiyuan suddenly coughed and said:

"Magistrate Wu, I am also somewhat knowledgeable in criminal law. Could you please show me the case file?"

Xu Shuli, who was standing to the side, could hardly contain himself.

Li Yiyuan once served as the Vice Minister of the Ministry of Justice and presided over the compilation of the Civil Code. He also presided over the revision of the Ming Dynasty's Code.
Is this what they call having a rudimentary understanding of criminal law?
Did you draft all these laws?
Magistrate Wu was overjoyed upon hearing this, for he had also reached a dead end.

They even considered sending the Zhang father and son to the capital to file a complaint, so naturally they wouldn't mind having Li Yiyuan help them solve the case.

Magistrate Wu hurriedly said, "Please come to the county office, Lord Li!"

Magistrate Wu was about to lead his men back to the county office, and Zhang, the scholar outside, naturally dared not stop them.

However, Zhang, the scholar, also wanted to return to the county government office and demanded that Magistrate Wu immediately resolve the case.

Zhang Juren's reasons were also quite plausible:
“These two servants have been filing lawsuits everywhere, damaging my reputation. If the county magistrate cannot resolve this matter, I will have to file a lawsuit with the prefecture.”

Magistrate Wu knew this was a blatant threat. Many members of Zhang Ju's family held criminal positions in the prefecture, and given his relationship with the prefect, the verdict would certainly be more unfavorable.

Magistrate Wu glanced at Li Yiyuan, who seemed confident, and said with feigned assurance:

"This case must be resolved this time! Return to the county office immediately!"

(End of this chapter)