Chongzhen revived the Ming Dynasty

The decision not to kill the ministers was widely welcomed by the court officials.

However, this does not mean that Zhu Youjian gave up his power to intimidate his ministers.

He addressed his ministers:

"Not killing ministers is to give them a chance and prevent ministers who have made mistakes from causing greater harm."

"But if they are cruel and ruthless, committing heinous crimes, then Qian Ruogeng's fate serves as a warning."

"I hope you all remember not to act recklessly."

This was like a bucket of cold water being poured over the heads of the delighted courtiers.

What was Qian Ruogeng's fate? He was imprisoned in the imperial prison.

He was only released from prison by an imperial edict issued by the Tianqi Emperor.

After being imprisoned for thirty-seven years, Qian Ruogeng was "unable to hear, unable to see, unable to move his hands, unable to walk, and still had a little breath in his throat, which was to say that he was not dead, but in reality he was only a step away from death."

The ministers, upon considering this outcome, were compelled to learn from it.

Moreover, Qian Ruogeng was released because his son passed the imperial examination and became a Jinshi, which the emperor wanted to use to win over a loyal minister.

Could they guarantee their sons would pass the imperial examinations? How many people could actually obtain the emperor's favor?

Therefore, after being reminded by the emperor, these people all became serious and no longer showed any joy.

Even so, these people were still very happy and felt quite at ease knowing that as long as they didn't commit treason, their lives would be safe.

They never wanted to experience the events of the Tianqi era again; no one wanted their life to be threatened or to live in constant fear.

Especially when thinking of those who died unjustly in the imperial prison, Minister of Justice Zheng Sanjun said:

"His Majesty once ordered the Embroidered Uniform Guard to reorganize the imperial prison and investigate cases of unnatural deaths."

"I believe that since the imperial prison was established to detain nobles and ministers, and it involves matters of the court, the three judicial departments should participate in its management."

"So that some people may secretly harm others and damage Your Majesty's virtue."

The Ministry of Justice was responsible for supervising the imperial prisons. Upon hearing this, Zhu Youjian nodded and said:

"Zheng Qing's words make sense."

"No institution can function without oversight; otherwise, you can't imagine what kind of stupid things some people might do."

"The Ministry of Justice still has the authority to supervise the imperial prisons, and the Censorate can also participate in the supervision."

"The Supreme Court has a special position of Jinyiwei Tingwei, and a special office of Tingwei is set up in Jinyiwei to handle secret cases in the imperial prison and Jinyiwei."

"Li Banghua will be in charge of this matter. He must coordinate the relationship between the Imperial Prison and the various departments."

Upon hearing this, Li Banghua accepted the order. As the Right Vice Minister of Justice, his main duties, besides overseeing internal affairs within the Supreme Court, included managing interactions between various government departments.

Entrusting this matter to him is perfectly justified.

He asked the emperor:

"Does the position of Jinyiwei Tingwei belong to the Supreme Court or the Jinyiwei?"

Zhu Youjian said:
"It belongs to both, being guided by the Supreme Court in terms of operations, and belonging to the Embroidered Uniform Guard in terms of personnel."

"The Supreme Court selects and trains Jinyi Tingwei (Imperial Bodyguards) who are well-versed in etiquette and law from among those recommended by the Jinyiwei."

"Ensure that judgments are based on reason and evidence, rather than solely on the whims of a few individuals."

Li Banghua accepted this, but demanded that the use of torture by the Embroidered Uniform Guard be supervised and that ministers not be tortured to extract confessions.

After thinking for a moment, Zhu Youjian nodded and said:

"Scholars should not be tortured unless they are guilty of heinous crimes."

"The same applies to ministers. Torture should not be used for matters that do not involve the safety of the court. This is because the law does not apply to high-ranking officials, and it saves them face."

"If a minister dies in the imperial prison, the three judicial departments must investigate the cause together."

The courtiers were all delighted and praised the emperor in unison.
-
After confirming this matter, Zhu Youjian finally mentioned Zhu Yujian again, saying:

"The case of the grandson of the Tang emperor was about avenging his father, and his situation is worthy of pity."

"But as a nephew, he murdered his uncle, which is one of the ten heinous crimes."

"What are your opinions on how to deal with this person?"

Having just received the emperor's promise of "no killing of ministers," the ministers were all easy to talk to and unwilling to anger the emperor because of Zhu Yujian's matter.

In particular, they knew why the emperor had promised not to kill his ministers, because it was clearly a preparation for not killing the feudal lords.

Upon hearing this, the sycophantic Wen Tiren immediately replied:

“High-ranking nobles are all of the highest rank, and their status is even above that of ministers.”

"I believe that the principle of not killing ministers should include nobles."

"As long as they are not plotting rebellion, treason, or disloyalty to the court or His Majesty, they should not be killed."

The courtiers echoed their agreement, as most of them held noble titles.

With this guarantee, their descendants' lives would be protected, and they would not be easily killed.

They all agreed that the principle of not killing ministers should include nobles, especially feudal lords.

As long as these people are not disloyal to the court or the emperor, they should be spared their lives and allowed to pass on their titles.

After some officials questioned the enfeoffment system some time ago, these officials who held titles and understood the benefits of enfeoffment generally did not want Zhu Yujian to be punished too severely and should not be killed.

Grand Secretary Han Kuang said:

“If a member of the imperial clan commits a crime, the matter can be considered for marriage according to the Eight Deliberations.”

"For ordinary crimes, Your Majesty may issue a decree to pardon them."

"But killing one's uncle is the most heinous of the ten evils."

"Moreover, the victims were also relatives, so according to custom they could be sentenced to death, stripped of their titles, or exiled to Fengyang for confinement within the high walls."

There are precedents for such cases involving members of the royal family.

For example, in the thirty-third year of the Jiajing reign, Zhu Xiemu, the General of the State of Xiangling, killed his nephew, Zhu Xuhui, the General of the State of Fuguo, and was ordered to commit suicide by imperial decree.

Those who murdered their brothers or wives were "imprisoned and locked up in high walls."

The Ming Dynasty, which had existed for over two hundred years, had a large imperial family. Cases were virtually limitless; precedents could be found for almost any crime.

Therefore, Zhu Youjian could not make a arbitrary judgment in Zhu Yujian's case.

He asked Wang Zhichen, the Left Chief Justice:

"What did the Chief Justice of the Supreme Court say?"

"If a normal sentencing is conducted, how should the conviction be determined?"

Wang Zhichen said:

"The nine chief justices of the Supreme Court are not yet fully staffed. Of the five chief justices, two believe they should be sentenced to death, and three believe they should be demoted to commoners and sent to Fengyang for confinement."

"I believe that Zhu Yujian has made great contributions to the establishment of the Tang vassal state. Although he has not yet inherited the title of Prince of Tang, he is in fact the feudal lord who presided over the establishment of the Tang vassal state."

“Those feudal lords who obey the court and do not rebel should not be killed, but can be demoted to commoners and placed under house arrest.”

This result is sufficient to fulfill Zhu Youjian's promise to Zhu Yujian.

However, Zhu Youjian had another idea, and he asked his ministers:
"Emperor Gaozu of Han made a three-point agreement with the elders of Guanzhong, which led to the four hundred years of rule of the Han Dynasty."

"I am now making a pact with all the people, and the three articles of this pact must naturally be included here as well."

"Murderers shall be executed, those who injure or steal shall be punished. These three bottom lines must be followed."

"Zhu Yujian did commit murder, but if he is not executed, how should this be explained?"

The current emperor insists on finding evidence for everything, which is his style of doing things. His ministers welcome this, liking an emperor who values ​​reason.

They began to ponder, considering what basis to use.

Minister of Justice Zheng Sanjun said:

"The law of the killer is to die."

"However, there are cases of manslaughter and revenge killings, so they cannot be generalized."

"If all murderers are to die, they will try their best to evade arrest, causing even greater harm."

"I believe that the death penalty for murder should be upheld, but exceptions should be made and these people given a chance."

His words were echoed by many. Li Banghua, the Right Vice Minister of Justice, stated:
"If someone on horseback deliberately rams into another person, causing their death, then they should undoubtedly be sentenced to death."

"But if his horse caused the death because it was startled and out of control, then a different charge would be needed."

"Your Majesty once said that judging a case requires considering two levels and four elements. I believe that the same applies to murder cases, where we should consider the subjective intent."

“Murderers who commit intentional homicide must be sentenced to death, while other cases are open to discussion.”

This still doesn't exempt Zhu Yujian from the death penalty, because he openly sent people to kill his uncles, and had both of them beaten to death.

This is intentional murder, leaving no room for discussion.

Zhu Youjian couldn't help but facepalm when he recalled Han Kuang's hint to Zhu Yujian to send his uncle to the battlefield to "die in battle."

This person acted so recklessly, killing someone and leaving behind such a huge hidden danger.

It's so difficult that even helping him get off the hook is a struggle; the mess on his ass is impossible to clean up.

Wen Tiren, seeing the emperor's predicament, spoke up:
“Subjective homicide also needs to be classified.”

"Duke Xiang of Qi avenged a nine-generation feud, which was greatly praised in the Spring and Autumn Annals."

"Zhu Yujian's father was poisoned, and everyone in the world knows who his enemy is."

"The saying goes, 'The hatred between parents and children is irreconcilable.' Zhu Yujian is avenging his father. If he were killed for this reason, the whole world would cry foul."

Li Banghua then said:

“Revenge killings should not be tolerated.”

"Otherwise, if everyone seeks revenge, wouldn't the world descend into chaos?"

They believed that allowing revenge killings to continue was unacceptable, and that those who had been wronged should seek trial at the Supreme Court.

Both men had valid points, and the assembled officials began to debate.

As Zhu Youjian listened to their conversation, he realized that there was little controversy about the manslaughter; the focus was on the revenge killing.

Although not all Confucian scholars agree with the Gongyang School's theory of revenge, it undoubtedly has a theoretical basis.

The belief that "the hatred between parents and children is irreconcilable" is also a tenet for many people, and there are many who support revenge killings.

Zhu Yujian sought revenge for his father, and although killing his uncle was an unforgivable crime, some people still sympathized with him.

This made things easier for Zhu Youjian, he said:

"The root of this matter is actually the previous poisoning case."

"If the principle of 'kill the murderer to die' had been followed at the time, and all the main culprits in the murder of Zhu Qisheng had been executed, this hidden danger would not have been left behind."

"Zhu Yujian harbored resentment, which led to the revenge killing. This is a follow-up to the Tang Fan poisoning case and should be tried together with the other cases."

The courtiers all agreed with this, because there was a clear causal relationship between the two cases.

Zhu Youjian continued:
"Therefore, the law that 'those who kill shall die' must be upheld by the Ming Dynasty and written into its legal code."

“There are also cases where the death penalty is not imposed, such as manslaughter or revenge killing. In such cases, the death penalty may not be imposed, but the understanding of the victim’s family must be sought.”

“If the family does not forgive, then the sentence will be death, or at least imprisonment with reprieve, and the person will remain in custody indefinitely.”

"When the poisoning case was judged back then, Zhu Yujian's forgiveness should have been sought. If he had forgiven him then, none of this mess would have happened now."

An explanation was given for the murderer's death, and the clause of forgiveness was added.

If you don't get forgiveness, then kill them, or sentence them to beheading with reprieve, which also includes the word "beheading".

Being imprisoned like this makes it difficult for revenge killings to occur. If a revenge killing does happen, it means there might be problems with the government's judgment.

Furthermore, to prevent some people from being forced to express forgiveness, which could lead to revenge killings after the murderer's release, Prosecutor Zhu Youjian added:
“Murderers who are released after being pardoned must be moved out of the area and no longer live in the same prefecture as the victims.”

"If there are other crimes, then the offender is a repeat offender. In cases of forced immigration, priority will be given to relocating overseas."

"This can minimize the cycle of revenge killings."

"In other cases as well, the person who has forgiven the perpetrator can request the perpetrator to relocate."

This measure was approved by the court officials, as they were the beneficiaries.

If the death penalty for murder must be strictly enforced, then these ministers who might be involved in human deaths might become murderers who have no choice but to die because of the excessive use of torture during trials.

It's better to have an explanation clause; they have a hundred ways to get the victim's family to understand.

If this law had existed during the Wanli era, Qian Ruogeng, who had petitioned the emperor for his release, wouldn't have been imprisoned in the imperial jail for so long.

If the families of the victims who were tortured to death by Qian Ruogeng forgive him, he will not have to be executed with reprieve.

The ministers in the court were all shrewd and astute enough to realize that this was advantageous to them.

However, this method was not very effective in the case of Tang Fan.

Since a revenge killing has already occurred, the crime of revenge killing should now be established.

Grand Secretary Han Kuang, who had previously been in charge of the Tang Dynasty poisoning case, said at this moment:

"The trial of the poisoning case was partly due to the mistakes of the imperial court."

"But the vendetta has already occurred, and now a trial is necessary."

"Moreover, the two who were killed had no children; only their younger brother was still alive."

"Should we consult their opinions and seek their understanding?"

Zhu Youjian frowned, already able to guess the true colors of his younger brothers.

They wouldn't dare avenge their brother, but it's inevitable that they'd make exorbitant demands.

However, this was something Zhu Yujian had to worry about. Zhu Youjian said:
"Since we have no son, let's consult our brothers."

"Furthermore, this incident occurred within the same clan, which has a significant impact on the clan's atmosphere. We need to consult the opinions of the entire Tang imperial family."

"If they all believe that Zhu Yujian can be forgiven, then they should be given a lenient sentence during the trial."

"But if they think Zhu Yujian deserves to die, even if Zhu Yujian has a reason, he should be imprisoned within the high walls of Fengyang and sentenced to death with reprieve."

"We cannot allow the killings to continue, lest the entire Tang kingdom be thrown into turmoil."

All the ministers nodded in agreement with the decision.

Zhu Yujian will not die, after all, the emperor just said that ministers will not be killed, including those who have been granted titles.

Zhu Yujian, as the founder of the Tang dynasty's vassal states, was already effectively a feudal lord. He obeyed the court's order to detain him and did not rebel; therefore, the court could not execute him.

Otherwise, the feudal lords would all feel insecure and regard going to the capital for an audience as a dangerous matter.

The court officials all agreed on this point, believing that Zhu Yujian should not have been killed.

However, it would be difficult for Zhu Yujian to escape punishment. If he could not persuade his other uncles and gain the understanding of the Tang imperial family, he would be confined to the high walls of Fengyang and strictly guarded to prevent the killing from continuing.

What kind of result can be achieved depends on the resources Zhu Yujian invests.

According to Zhu Youjian's estimation, Zhu Yujian would have to bleed heavily, drastically relinquishing the fiefdoms and power of the Tang princes, in order to satisfy these people.

Zhu Youjian considered this result acceptable, but this member of the imperial clan, who had already demonstrated his abilities, would find it even more difficult to gain support from his own clan. (End of Chapter)