Chongzhen revived the Ming Dynasty
Chapter 682: Ming Dynasty Etiquette and Law Convention
The influence of Yao and Shun was enormous.
The theory of Confucian orthodoxy founded by Han Yu explains that the Confucian orthodoxy originated from Yao and Shun.
The expectation of Confucian scholars of all generations for the emperor is to "make the king as good as Yao and Shun."
Therefore, when Zhu Youjian decided to reform the Ming system, he chose Liu Zongzhou's "Memorial to the King like Yao and Shun" as a declaration for the reconstruction of rites and music.
After he used Yao and Shun as examples to explain the right to marriage autonomy, the controversy over the right to marriage autonomy was basically over:
It was impossible for the ministers to say that what Yao and Shun did was wrong, so they could only accept the emperor's explanation.
Wen Tihen even praised the emperor's actions as being in line with the original intentions of sages, and said that the current emperor and empress can be described as sage monarchs and virtuous empresses.
Zhu Youjian was very pleased with this and ordered Wen Tihen, Liu Zongzhou and others to formulate the Ming Dynasty's Marriage Law in accordance with the concept of marriage autonomy.
In this regard, he emphasized:
"Marriage etiquette is closely related to inheritance etiquette and should not be taken lightly."
"Only with a stable marriage can there be a stable inheritance system."
"When establishing inheritance rites, we must also establish marriage rites."
Liu Zongzhou, who was formulating the succession rites, nodded in agreement and asked more specifically:
"Are the levels of marriage etiquette the same as inheritance etiquette?"
"Should we formulate marriage rituals according to the standards of the Ming Dynasty Inheritance Ritual?"
The subtext here is to ask the emperor whether he would abide by the marriage etiquette just as he did the inheritance etiquette.
Zhu Youjian thought about it and did not make this promise.
Because there are so many laws that are as important as the Marriage Law. If he expresses his willingness to abide by them all, it will be very disadvantageous to his future.
So he said to the ministers:
"Today's lecture is not limited to marriage."
"We, the monarch and our subjects, should also determine the legal level of the Ming Dynasty."
"Let me make a statement first. The two laws of succession and enfeoffment are to be followed by the emperor and all people."
"After the establishment of the future National Assembly, I will also follow the Three Articles of Agreement of the Han Dynasty and agree with all the people on the etiquette and laws to be observed together."
"After this ritual law is established, it will be followed by the emperor and all the people. No one may violate it!"
This statement made the ministers ecstatic.
Because this was the emperor's clear statement that the emperor and the people share the world and should abide by the rites and laws agreed upon by all.
Such an emperor can truly be called a sage monarch.
Even if Yao and Shun were still alive, it would probably be no more than this!
Liu Zongzhou, who was in charge of remaking rituals and music, bowed his head immediately after hearing these words. Together with his ministers, he kowtowed on behalf of all the people in the world to thank the current emperor.
In the Wenhua Hall, shouts of "Long live the emperor" were heard at once. Regardless of whether they had conflicts on other issues, all the ministers praised the current emperor on this matter.
Some people who had previously secretly supported Huang Daozhou and others in opposing the re-establishment of rites and music were now impressed by the emperor's determination to re-establish rites and music, and continued to cede power to the people.
In this case, how can they still object?
As scholars and officials, they considered themselves to be the representatives of all the people and certainly would not object to the emperor ceding power to them.
Zhu Youjian was sighing in his heart at this time, knowing that after saying this, he was taking the initiative to move towards a constitutional monarchy.
Let the future judge our merits and demerits!
Now he needs to suppress the conservatives and make the reformulation of ritual music the mainstream voice.
What he hoped for was to complete the reform, revitalize the Ming Dynasty, overcome the increasingly severe Chongzhen drought, and save the Ming Dynasty from the fate of destruction in his hands.
In this process, he still has to fight for the power he should fight for. He cannot allow himself to completely lose power and become a figurehead monarch for future generations.
Thinking about the future dual monarchy constitutional system, Zhu Youjian motioned for the ministers to stand up and said to them:
"Confucius said: When the world is governed by the Way, rituals, music, war and conquest are decided by the emperor."
"The emperor has the responsibility to establish rites and laws according to morality and to govern the world."
"The Book of History says: The human heart is dangerous, the heart of Tao is subtle, only by being precise and focused can one hold the middle ground."
"People's hearts are turbulent and changeable. If we want to govern the world well, the rites and laws must change accordingly."
"So as the Son of Heaven, the etiquette and laws that I can abide by must be the truth that will not change for thousands of years, or even for all eternity."
“The clauses must be considered again and again before they can be finalized.”
"Once it is decided, it cannot be easily amended without the approval of a four-fifths majority of the National Assembly, a resolution of the Imperial Court, and the approval of the Emperor."
"When you formulate etiquette and laws, you must be extremely careful."
These words made all the ministers nod their heads.
Even ministers and nobles had eight opinions, and they certainly agreed that the emperor was the supreme arbitrator and did not have to abide by the same laws as ordinary people.
Therefore, the number of etiquette and laws that the emperor has to abide by is certainly not too many, and each one must be carefully considered, and once they are set, they will basically not be changed.
Liu Zongzhou expressed his opinion on behalf of the ministers:
"I will definitely formulate a constitution that will satisfy Your Majesty and the people and submit it to the National Assembly for deliberation."
Zhu Youjian nodded and said:
"So good!"
"This constitution, temporarily called the Great Ming Etiquette and Law Convention, is mainly divided into three chapters: the Great Ming court institutions, the rights and obligations of the citizens of the Great Ming, and the rules for the formulation and amendment of laws."
"For example, the provisions concerning marriage could be placed in Chapter 2 and drafted as follows:"
"Ming citizens have the right to marry and have children of their own free will, and have the obligation to fulfill their marital responsibilities and raise their children, which is specifically stipulated in the Marriage Law of the Ming Empire."
"These things written into the etiquette and laws will basically remain unchanged in the future."
"But the specific provisions of the marriage law need to change according to the times."
"So the Great Ming Etiquette Convention is the highest level of etiquette, and the Great Ming Empire Marriage Law is a law attached to it, belonging to the first level of law separated from the Great Ming Law."
This is the level that Zhu Youjian established for the laws of the Ming Dynasty. Above each level of law, there is a higher level of etiquette.
These laws named after etiquette and law must also be obeyed by the emperor and are truly the highest laws.
The ministers pondered the emperor's words and nodded in approval of the legal provisions set by the emperor.
This simple sentence stipulates the principles of marriage and upbringing, which the emperor must also follow and uphold.
But the specific implementation was regulated by specific laws. The emperor did not necessarily abide by them and could even use imperial edicts to abolish certain laws that became immoral.
This was something Zhu Youjian had discussed with Yuan Keli when he was adjusting the three judicial departments. After several years of thinking, it was perfected and clarified the laws and regulations at the same level:
"The emperor's edict is on the same level as the law and is treated as a temporary law."
"As long as the edicts of previous emperors have not been explicitly abolished, they must continue to be used."
"But those that conflict with existing laws and decrees will no longer be enforced." "This time, the purpose of remaking rituals and music is to sort out the laws and decrees and determine the various laws and regulations that will be enforced in the future."
Yuan Keli knows this best. Although he is no longer in charge of the affairs of the three judicial departments, he still said on this occasion:
"Your Majesty mentioned before that in the future, edicts to repeal laws will need to specify a time limit."
"I think the promulgation and time limit of imperial edicts should also be included in the covenant law."
"Chapter 3 of the Constitution states that the formulation and amendment of laws should be changed to the formulation and amendment of decrees."
All the ministers agreed, and Zhu Youjian nodded in agreement after thinking about it, and determined that imperial edicts and laws had the same status from the perspective of etiquette and law.
Then another official said:
"Marriage law belongs to household law. I think it should not be a separate law but should continue to be included in household law."
"The first level of law should be the six laws separated from the Great Ming Law."
"The rest of the laws are classified as second class."
This was also agreed by many officials, because they were used to the six laws of the Ming Dynasty. They were not used to the emperor's separation of marriage law.
Zhu Youjian thought about it for a while, and thought that the marriage law of later generations was also incorporated into the Civil Code, so he did not dwell on this matter and agreed:
“Marriage law can continue to belong to household law.”
"The Ministry of Revenue is the Ministry of Civil Affairs, and the Ministry of Revenue can also be said to be the Civil Code."
"It and the other six laws, including the Criminal Code and the Criminal Code, are the most important laws."
"After it is promulgated, it must be approved by a two-thirds majority of the National Assembly, approved by the Imperial Court, and approved by the Emperor before it can be changed."
"Other laws under the six laws belong to the second level, and only need more than half of the Congress to pass the amendment. For example, the company law, patent law, trademark law and other laws."
“The currency bill, salt bill, and other bills enacted by Congress before, after being converted into laws, can be defined as second-class laws.”
"Or at a lower level, it can be set as departmental regulations."
Zhu Youjian mentioned this and explained in detail:
"For example, the Salt Act can actually be classified as a third-level departmental regulation."
“When the salt market changes, the Salt Administration will propose amendments.”
“It only needs to be approved by the Standing Committee of the National People’s Congress, and there is no need to hold a plenary session for a vote.”
"Local regulations require a vote by the local council and are classified as fourth-level regulations."
"Inferior laws shall not conflict with superior laws, and laws of the same level shall not contradict each other."
"This point should be written into the Constitution. The Etiquette and Law Committee, as well as the Ministry of Rites and the three judicial institutions at the court and local levels, all have the responsibility to uphold this point."
This clarified the legal hierarchy of the Ming Dynasty, and after discussions among the ministers, they all praised it.
Some people even suggested that the "Great Ming Convention of Rites and Laws" should be the highest etiquette law, supplemented by the four levels of laws and regulations, which would be perfect.
The rather abrupt "Ming Dynasty Inheritance Ceremony" and "Ming Dynasty Enfeoffment Ceremony" can be completely included in the rites and laws and regulations.
In this regard, Zhu Youjian said:
"The reason why I made the system of inheritance and fiefdom into ritual law is because they are too important."
"There is no need to say more about the inheritance of rites and laws. The trauma brought to the Ming Dynasty by the Jingnan Campaign, the Great Ritual Debate, and the Dispute over the National Foundation has not yet subsided."
"I do not want future generations to have disputes over this, so I have formulated the Ming Dynasty Succession Etiquette for future emperors to follow."
"The etiquette of enfeoffment is to show my sincerity. I want to emulate the Zhou Dynasty, which ruled for 800 years, and to maintain the Ming Dynasty for a long time. I have to formulate the etiquette of enfeoffment to guarantee the rights and interests of all the princes."
"You should know that the world today is a great world. Of the nine continents mentioned by Zou Yan, seven have already appeared before you."
"It is unrealistic for such a vast country to be governed directly by the Ming court. It must be divided into fiefdoms and governed by royal family members and nobles."
"Therefore, I have established the feudal system as a ritual law and as the long-term national policy of the Ming Dynasty."
As he spoke his thoughts, Zhu Youjian pointed to the ground beneath his feet and said:
"You should all know that the land we stand on belonged to the State of Yan during the Zhou Dynasty."
"Was it a wild and barren land when it was first built during the Zhou Dynasty?"
Not to mention it's a wild place, there's no communication even.
According to the "Records of the Grand Historian", from Duke Zhao to Marquis Hui for nine generations, the monarchs of the State of Yan in between did not even leave behind their names.
The ministers were deeply moved when they thought of the arduous work of their ancestors.
Then I understood what the emperor meant. He was saying that the overseas lands that now look like wild and barren places may be reclaimed and turned into fertile lands like the Yan land under our feet in the future.
Liu Zong Zhou Dao, who supported emulating the Zhou Dynasty:
"Your Majesty's words are thought-provoking."
"I wish to let my descendants go overseas to reclaim land."
Han Yu, Yuan Keli and others also expressed their support.
Even if someone was reluctant to see their descendants suffer, they would not dare to spoil the emperor's interest at this time.
Zhu Youjian was very pleased with this and said to his ministers:
"I know the loyalty of all the nobles."
"I am also well aware of the difficulties in reclaiming land overseas."
"It is precisely because of this that I have established the feudal system as a ritual law, so that future emperors and ministers must follow it as a whole."
"No matter who it is, you cannot arbitrarily abolish or reduce the fiefdom in the future. The territory that you have worked so hard to open up must be passed down from generation to generation."
"Perhaps in the ninth or tenth generation, a powerful country like Jin, Qi, or Yan will emerge overseas, and when the Ming mainland encounters danger, it will be able to respect the king and repel the barbarians."
This idea made the ministers burst into laughter. They never thought that the emperor's words could be taken seriously.
After all, with the Ming Dynasty so powerful, no one would think that a powerful vassal state qualified to respect the king and expel the barbarians would emerge overseas.
However, some people were worried that the powerful vassal states would not respect the emperor and expel the barbarians. The royal vassal states might rise up like Chengzu did to quell the rebellion, while the foreigners might destroy the Ming Dynasty like the powerful Qin destroyed the Zhou Dynasty.
Liu Zongzhou said in response to this point:
"Your Majesty should not expect the vassal states to respect the king and repel the barbarians."
"Instead, we should send governors and set up garrisons to control the overseas vassals."
"If the vassal states are too powerful, we should extend favors and grant fiefs to weaken their power."
Obviously, he took the emperor's joke seriously and proposed a strategy.
Zhu Youjian said seriously:
"How to govern and constrain the vassal states can be formulated in the Ming Dynasty's Enfeoffment Etiquette, and this is the responsibility of the ministers."
"The Great Ming Enfeoffment Etiquette and the Great Ming Succession Etiquette, as well as the most important Great Ming Etiquette Convention, are the etiquette laws that I and future emperors, ministers, and people will abide by."
“I hope you can formulate these laws with an attitude of responsibility for future generations.”
Upon hearing this, Liu Zongzhou and his ministers paid homage and promised to seriously formulate rites and laws to satisfy the emperor and the people.
At this point, today's imperial lecture came to an end.
Zhu Youjian asked Liu Zongzhou to write an article in the name of the National Assembly and the Chairman of the Etiquette and Law Committee to finalize the matters discussed today.
Afterwards, he will formally issue an edict to authorize the Etiquette and Law Committee to draft etiquette and law provisions and organize laws and regulations.
Two years after the start of the remake of ritual music, it entered a new phase. (End of this chapter)
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