应所在典贴良人男女等。 右准律,不许典贴良人男女,作奴婢驱使。臣往任袁州刺史日,检责州界内,得七百三十一人,并是良人男女。准律计佣折直,一时放免。原其本末,或因水旱不熟,或因公私债负,遂相典贴,渐以成风。名目虽殊,奴婢不别,鞭笞役使,至死乃休。既乖律文,实亏政理。 袁州至小,尚有七百余人,天下诸州,其数固当不少。今因大庆,伏乞令有司重举旧章,一皆放免。仍勒长吏严加检责,如有隐漏,必重科惩。则四海苍生,孰不感荷圣德?右前件如前,谨具奏闻。伏听敕旨。 Memorial against the
Use of Men and Women as Surety Topic: According to the Law
It Should be Forbidden to Hold Good Men and Women as Surety or in Slavery When your subject was Prefect of
Yüanchow some time ago, he made an inspection and
rounded up within the confines of his prefecture seven hundred and thirty-one
good men and women, and effected their release after having calculated, as the
law prescribes, the amount of wages due to them for services rendered to their
masters. The reason for their bondage had been either the failure to effect
crop deliveries, because of flood or drought, or public or private
indebtedness. The result was the gradual adoption of the custom of enslaving
human beings as surety for debts. Though it might be called otherwise, the
system of slavery was no different, with its concomitant of flogging and harsh
treatment, ending only with death. This was not only against the law, but
contrary to good government. Even Yüanchou, with a very limited area, had more than seven hundred cases of the kind. The number would certainly have been much greater, if all other prefectures of the empire had been included. On the auspicious occasion of the present celebration, it is humbly requested that the competent authorities be ordered to follow the existing regulations and release all the men and women involved, and that the higher officials be strongly urged to make strict searches and impose penalties in the event of any concealment or failure to take the necessary action. If such steps are taken, who of all the people within the four seas will not appreciate Your Majesty’s graciousness? This memorial is respectfully submitted and Your Majesty’s decree humbly awaited. |
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