Chongzhen revived the Ming Dynasty

Compared to domestic affairs, which are prone to problems and scapegoating, military and diplomatic power were the core areas that Zhu Youjian was vying for.

The practices since the Song and Ming dynasties have also shown that one should not place too much expectation on the civil service government in these two aspects.

They may be able to maintain internal stability, but it will be difficult for them to expand outwards.

In this colonial era ushered in by the Age of Exploration, not expanding meant falling behind and being left behind by other countries.

Therefore, Zhu Youjian was determined to seize this power and gain autonomy in military campaigns.

To this end, he was willing to agree to consult with the nobles in order to prevent the cabinet from interfering in the Court of Colonial Affairs.

Of course, during his conversation with his ministers, he did not raise this point directly, but instead said:
Confucius said: "When the world is governed by the Way, rites, music, and military expeditions shall be initiated by the Son of Heaven; when the world is not governed by the Way, rites, music, and military expeditions shall be initiated by the feudal lords."

"To prevent the world from descending into chaos, I, as the Son of Heaven, must wield the power of rites, music, and military conquest."

"Article 7 of the Convention on Rites and Law should be the right to establish rites and music."

"As the Son of Heaven, I am in charge of establishing rites and music, and all rites and laws must be approved by me."

He then read aloud his draft of the seventh article of the code of conduct to his ministers for their review.
The Ming emperors established rites and music, authorizing the National Assembly and the Ministry of Rites to draft laws and regulations on etiquette and customs, and to establish standards for the Ming Dynasty's official rhyme scheme, official script, calendar, and weights and measures. Officials and commoners alike were required to comply with these standards.

All rites and laws had to be approved by the emperor, while regulations and standards could be approved by the parliament and local councils authorized by the emperor.

Unapproved rites and laws have no legal force of action. Rites and laws that have not been repealed are all subject to observance.

The specific provisions are stipulated in the relevant articles of the "Great Ming Code of Rites".

This clause clearly established the emperor's leading role in formulating rites and laws, and the court officials had no objections.

However, Congress wanted to make it clear that legislative power belonged to them, and that any articles drafted by either side should be approved by Congress before being submitted to the Emperor.

Zhu Youjian nodded and said:
"The power to formulate and amend the three major rites and important laws belongs to the National Assembly and the court."

"The formulation of other laws and regulations is entirely within the purview of Congress."

"These pertain to the formulation and modification of etiquette and law, and are placed in Chapter Three of the Convention."

"The article number depends on how many articles precede it."

Cheng Jiming, Minister of Rites and Associate Grand Secretary, said:

"The article number is not important; what matters is the content."

"Currently, etiquette conventions and many laws and regulations are being drafted, and the content of this chapter needs to be finalized."

"I believe it can be temporarily referred to as Article X of Chapter Three, and a general number will be determined later."

This was echoed by the court officials, who hoped to finalize the rules for establishing and revising the rites and laws as soon as possible.

Seeing their reaction, Zhu Youjian nodded and said:
"Then let's set a few rules first. Today, let's establish the emperor's powers of rites, music, and military conquest."

They decided to use ritual and law to make concessions on power in exchange for the power to wage war.

Some of the ministers noticed, while others were completely oblivious, simply drafting the articles of the third chapter according to their own ideas.

Soon, the first article of Chapter Three was finalized, defining the scope of the Ming Dynasty's etiquette and laws.

This provision clearly states:
The Ming Dynasty governed the country according to the rules of rites and laws. The Ming Dynasty's rites and laws included three major rites and laws: the "Ming Dynasty Rites and Laws Convention," the "Ming Dynasty Inheritance Rites and Laws," and the "Ming Dynasty Feudal Rites and Laws." In addition, documents such as the "Ming Dynasty Code," the "Ming Dynasty Statutes," the laws of the Ming Empire, departmental regulations, local regulations, laws and regulations of vassal states, folk village covenants, clan family laws, and etiquette and customs norms were clearly stipulated and allowed citizens to consult them.

The "Great Ming Ritual Law Convention," the "Great Ming Inheritance Ritual Law," and the "Great Ming Feudal Ritual Law" are the highest-level ritual laws, and all laws and regulations must not contradict these three major ritual laws.

Subordinate laws must not conflict with superior laws; if laws of the same level are contradictory, they should be interpreted or amended.

Specifically, this is stipulated in the supplementary articles of the "Great Ming Etiquette and Law Convention".

It was decided to draft specific supplementary articles to establish the legal code of the Ming Dynasty. All legal codes implemented throughout the country should be included in this document.

These rites and laws will become the governing norms of the Ming Dynasty in the future, and the reconstruction of rites and music will also take the formulation of these rites and laws as its core.
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Once the rules of etiquette are established, they must be followed so that they do not become empty words.

At the request of his ministers, Zhu Youjian incorporated his previous promise that the emperor should abide by the rites and laws into the articles of the rites and laws.

But he wasn't without demands; governing the country according to law was also included in the text.

After all, even the emperor had to abide by etiquette and law, so his subjects naturally had to as well.

The ministers agreed with governing the country by rites and laws, but they did not agree with governing the country by law.

After all, this easily reminds people of Legalism and its doctrines.

If Liu Zongzhou were alive, this argument would certainly have been rejected by the great Confucian scholar.

However, since Liu Zongzhou was not in court, Zhu Youjian had little regard for others, and he explained to his ministers:
"Laws are formulated in accordance with rites and laws, and governing the country in accordance with laws is the rule of rites and laws."

"It's just that the etiquette and rules mentioned before were somewhat vague, but now there are specific legal provisions."

"In governing the country in the future, we must abide by etiquette and law."

They are confusing the two concepts and still using the name of Confucian rites and laws.

He also stated that the Crown Prince must abide by the three major rites and laws, and take an oath upon assuming the throne.

To ensure that the achievements of this reconstruction of ritual music can be maintained indefinitely.

The courtiers were satisfied and did not press the matter further.

Ultimately, this rule applies:
The emperors of the Ming Dynasty respected the laws and rites of the Ming Dynasty and abided by the three major laws and rites: the "Great Ming Etiquette Convention," the "Great Ming Inheritance Etiquette," and the "Great Ming Feudal Etiquette."

After the three major rites and laws were established, the emperor and the crown prince were required to publicly swear an oath to abide by them before their subjects. The same oath was required upon the ascension of a new emperor or the crown prince's regency.

When nobles, officials, and members of parliament take office, they should publicly swear allegiance to the emperor and abide by etiquette and laws.

Every citizen of the Ming Dynasty has the obligation to obey etiquette and laws, and those who violate them will be punished.

Citizens of the Ming Dynasty and those residing within its territory must abide by the laws and etiquette of the Ming Dynasty. All acts that violate the laws and etiquette of the Ming Dynasty shall be investigated and punished.

All citizens of the Ming Dynasty are equal before the law and etiquette, regardless of their origin, gender, occupation, belief, education level, property status, or length of residence. No organization or individual may have privileges that transcend the law and etiquette.

The Ming Dynasty upheld the rule of law and propriety, governing in accordance with these principles. It insisted on having laws to follow, enforcing them strictly, and holding violators accountable.

No one can escape legal punishment without the emperor's pardon.

Specifically, this is stipulated in the relevant articles of the *Collected Statutes of the Ming Dynasty* and the *Criminal Law of the Ming Dynasty*.

The article explicitly states that governing the country according to rites and laws, thus demonstrating the status of the law.

In the future, if any official uses the principles of sages and morality, or human sentiments to judge cases, or abuses their power for personal gain, they will be violating the law and will have to bear the corresponding responsibility.

Even if there is a truly unavoidable reason, one must request the emperor's pardon only after the trial.

The procedures and eligibility for pardons will be specified in detail later; there is no time to formulate such minute provisions now. The officials did not find this unfair, as pardons were, after all, the emperor's prerogative.

In particular, if some laws are enforced too strictly, a large number of criminals may emerge.

At that time, stability could only be maintained by the emperor's pardon.

The Ming Dynasty had regular pardons, special pardons, and unpardonable crimes.

After numerous general amnesties, a complete set of rules had long been established.

Moreover, Zhu Youjian needed the power of amnesty to protect the Jinyiwei and Dongchang, who were used for shady dealings.

Some nobles and officials who committed crimes needed to have their punishment reduced, and thus required amnesty.

Therefore, although the power of pardoning undermines the rule of law and etiquette, it is something that both the emperor, his subjects, and the people need. It was explicitly written into the articles and exercised by the emperor.

This was beneficial to strengthening imperial power, but Zhu Youjian had mixed feelings.

Seeing how enthusiastic his ministers were about the power of pardon, he sighed:

"If all people are guilty, the guilt lies with me."

"If the people have committed any wrongdoings, I alone shall bear the blame."

"The power of pardoning belongs to me; I will take responsibility for my subjects' transgressions."

Then he directed his ministers to incorporate the methods for formulating edicts and decrees that had been discussed in the previous period into the written regulations:
[Imperial edicts are equivalent to temporary laws, but they must not contradict the three major rites and laws.]

The issuance of imperial edicts should be conducted through a court assembly and countersigned by at least one Grand Secretary of the Cabinet, with the approval of the Six Ministries, in accordance with the procedures stipulated in the "Collected Statutes of the Ming Dynasty".

The Six Ministries can reject edicts that do not comply with procedures and submit edicts that do not conform to the Three Great Laws of Rites to the National Assembly's Rites and Law Committee. The National Assembly's Rites and Law Committee has the power to review whether edicts violate the Three Great Laws of Rites and Law, and if a dispute arises, it should be submitted to the National Assembly.

The emperor should withdraw any edict that the National Assembly and the court jointly deem to be inconsistent with the three major rites and laws.

All government decrees must be promulgated through collective deliberation and reviewed by the Six Ministries of the Imperial Court or the Provincial Surveillance Commission. If any decree violates the law, it should be submitted to the National Assembly or Parliament.

The specific provisions are stipulated in the relevant articles of the "Collected Statutes of the Ming Dynasty".

This article clearly defines the powers of the Six Ministries, which can review edicts that do not conform to the Three Great Rites.

It is also linked to the National Assembly's Protocol and Law Committee and submitted to the National Assembly for review.

This was proposed by Zhu Youjian in order to limit the power of the Six Ministries to reject imperial edicts.

He certainly didn't want an imperial edict that didn't violate any rules of etiquette to be rejected by the Six Ministries.

If these people really want to veto it, they need to first find out where the three major laws of etiquette are violated, and then submit it to the National Assembly's Etiquette Committee.

Since the National Assembly could not manage routine government affairs, the Six Ministries effectively lost their power to reject legitimate edicts.

Congress was willing to accept this, and the Sixth Secretariat was not so opposed.

They had previously accepted the emperor's reduction of their power, and now they are even more willing to shift the conflict upwards.

In this way, if they were to clash with the emperor, they could shift the conflict to Parliament.

After all, not every official had the courage to refute the emperor's edicts.

However, the Sixth Department still firmly clung to the power to veto government decrees. Even if a decree was legal, they had the power to veto it if they deemed it unreasonable.

This was an ancestral rule established by Emperor Taizu, intended to use the small to control the large and restrain the court officials.

Zhu Youjian was previously energetic and often handled affairs directly, mainly suppressing the Six Ministries to improve efficiency.

Now he is not so interested in politics, and he has delegated power to the cabinet and other departments. Therefore, he has returned the power to reject government orders to the Six Ministries, so that they can check and balance each other.

These are all written in the various departments' duties section of the "Collected Statutes of the Ming Dynasty," and there will be specific regulations.
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Then, in drafting the laws, Zhu Youjian proposed a new code of etiquette, including a clause on sunset that he valued highly—

He did not want the laws and regulations of the Ming Dynasty to become a mountain of excrement in the future, with even legal professionals not knowing how many of them existed.

Under his strong insistence, except for the three major rites which did not specify an implementation period, all laws, regulations, edicts, and decrees stipulated the year of implementation:
All laws and regulations should specify the period of implementation, including the start date and the end date.

The decrees of the various departments of the imperial court shall not be implemented for a period not exceeding ten years. If the period exceeds ten years, they shall be formulated into laws or regulations.

Laws and regulations shall be passed by the National People's Congress or parliament, and their implementation period shall not exceed sixty years or be less than three years. A decision on whether to extend or amend them shall be made one year before their expiration.

All laws and regulations should be revised at least once every sixty years, and laws and regulations that are no longer appropriate should be repealed or amended.

The court assembly and the parliament could request the emperor to repeal any laws or decrees currently in effect, and the emperor would decide whether to repeal or amend them. Laws or decrees that were explicitly repealed no longer had any legal effect.

When newly enacted laws conflict with existing laws and require the repeal of certain provisions, the repealed provisions and their effective period should be specified. The temporary repeal period for existing laws shall not exceed three years at a time, and if the cumulative repeal period exceeds nine years, it should be submitted to the National Assembly for a decision on whether to amend it.

All official documents, whether imperial edicts, decrees, decrees, laws, regulations, rules, orders, or any other names, are valid as long as they do not conflict with existing laws and regulations or have not been explicitly repealed.

The specific provisions are stipulated in the relevant articles of the "Great Ming Code of Rites".

The parts of these laws and regulations were all incorporated into the rites and laws of the Great Ming Code.

It also clarifies the legislative power of the National People's Congress and Parliament, and stipulates how to formulate, amend, and repeal laws and regulations.

These contents are actually legislative laws, but they are placed in the law of rites under the guise of establishing rites.

At the same time, the potential chaos caused by reforming the rites and music would leave officials unsure which rites and laws to implement. At the request of his ministers, Zhu Youjian decreed that any old laws and regulations that had not been explicitly repealed and did not contradict existing laws could continue to be implemented.

This allows officials to continue governing according to inertia, only updating their knowledge when new laws are promulgated and old laws are repealed.

From now on, every official taking office will be required to attend training at the Imperial Academy of Administration to learn the revised rites and music.

Zhu Youjian's emphasis on exchanges between the court and local officials was also to send court officials who were more familiar with the new rites and music to various parts of the Ming Dynasty.

He hoped that the revised ritual music would be effectively implemented, rather than becoming mere empty words.

Finally, some important rules for the formulation and amendment of etiquette and law were also written into the provisions of the Etiquette and Law Convention:
The formulation and revision of the three major rites and laws required the approval of more than four-fifths of the total number of members of the National Assembly, the approval of the Ming Dynasty court, and the approval of the Ming emperor.

The formulation and amendment of the supplementary articles of the Three Great Ritual Laws, the "Great Ming Code" and the "Great Ming Code", and other first-level laws required the approval of more than two-thirds of the total number of members of the National Assembly, the approval of the Great Ming Court Assembly, and the approval of the Great Ming Emperor.

The enactment and amendment of ordinary laws required the approval of more than half of the members of parliament and the Emperor of the Ming Dynasty.

The formulation and amendment of departmental regulations required the approval of the National Assembly and the Emperor of the Ming Dynasty.

The formulation and amendment of local regulations, village covenants, and clan family rules must be passed by the local council, by a meeting of local officials, and approved by the higher-level council.

The formulation and amendment of laws in vassal states required the approval of the vassal state assembly, the monarch/lord, and the Ming emperor and parliament.

The formulation and amendment of vassal laws required the approval of the vassal council, the monarch/lord, and the noble council. (End of Chapter)