Genghis Khan’s Code
(1206-1227)
General Provisions
Basic Law
Article1 The Great Yasa (The Code of Genghis Khan) bestowed by the Changshengtian (Longevity Heaven) is unquestionable.
Article 2 Where children do not comply with their fathers’ edification, and a man does not submit to his elder brother’ s dissuasion ; a husband distrusts his wife, and a wife does not conform to her husband ; the father-in-law does not praise his daughter-in-law ,and the daughter-in-law does not respect her father-in-law; the elders do not teach the juniors, and the juniors do not respect the elders; the Nayan(officials)do trust specially their relatives but standing off strangers; rich men are illiberal for their own property but damaging the public property, a nation shall be defeated by enemies, the families shall decline, and the empire shall die out. Therefore, Genghis Khan promulgates this code in order to remind that all civilians must buck their ideas up. The Nayan and Halachu (civilians) must comply with this code, and only in this way, the Changshengtian will bless us to achieve the great undertakings. This code must be observed for generations without a change.
National Systems
Article 3 The election of successor to the Khan, the appointment of the Zha’erhuchi (judge), and the decision of vital affairs in Great Mongolia shall follow Huliletai (conference) system. Huliletai is constituted with main members of the Golden Family, the ten-thousand household heads, the thousand-household heads and the primary Nayan .These principles shall be applied to the selection of the Khan and the making of great decisions in vassal states.
Article 4 The Great Mongolia adopts the Zha’erhuchi system .In the Huliletai (conference), Genghis Khan appoints Shijihutuhu (a person’s name) as the national Zha’erhuchi (chief judge) with the duties of judgment, litigation, drawing judicial precedents and recording the largess.
Zha’erhuchi shall conserve the cases, which have been consulted with Genghis Khan in a compilation called Kuokuodiebutie’er (a compilation of judicial precedents) with black and white. The later generations shall be punished if they change the contents of the compilation.
Article 5 Children in the Great Mongolia must study Uighur language.
Article 6 Men who are fifteen years old have the obligations to provide services in the army.
Article 7 All civilians shall work equally, no matter rich or poor.
Article 8 Any religions must be respected without privileges.
All civilians are free to choose their religions.
Social Management
Article 9 The social organization adopts decimal system. It is constructed with the ten-household, hundred-household, thousand-household and ten-thousand-household. Genghis Khan shall appoint ten-thousand-household heads and thousand-household heads; the thousand-household heads shall appoint the hundred-household heads; and the hundred-household heads shall appoint the ten-household heads.
Article 10 Registered civilians system shall be established. Everyone is the part of ten-thousehold, hundred-household, and thousand-household with the obligations of labor service.
Everyone must live in the appointed areas, and it is not allowed to transfer to another household randomly or seek protection from other households. Where someone defies the command, the transferor shall be put to death in public, and moreover, the civilian who accepts the transferor shall be severely punished.
Revenue
Article 11 The civilians have the obligations to pay taxes, provide labor services and courier station services.
Article 12 The hierarch of sects and reverends are exempted from taxes and services in the army.
Article 13 The poor civilians, doctors and the knowledgeable civilians are exempted from taxes.
Courier Stations
Article 14 The great Mongolia adopts the courier station system. The courier stations are responsible for gathering intelligence, transferring messages, safeguarding the trade and communications of officials and diplomatic envoys.
Article 15 The thousand-household head in the area of the courier station has the duties for supply and maintenance, and moreover, he shall distribute the courier station services to the civilians in this area.
Article 16 The Nayan taking charge of the courier station shall inspect regularly, at least once a year.
Article 17 The transferor through the courier station shall not disturb civilians.
Sub-provision
Military law
Hunting
Article 18 The Great Mongolia adopts a military training system on the basis of hunting.
Article 19 During the hunting, it shall be organized as in the battle, and the commander shall be appointed to conduct the hunting unitedly
Article 20 When wild animals run away, it shall be investigated carefully, and the thousand-soldier heads, hundred-soldier heads, or ten-soldier heads with responsibilities shall be put on flogging punishment with a stick or death in accordance with the results.
Article 21 After hunting, the wounded, disabled, little, female animals shall be set free.
Wars
Article 22 Two states shall, prior to the fighting, declare war to the soldiers and civilians of the enemy by proclaiming:“ If you obey, you will be treated kindly and peacefully; and if you hold out against us ,only the Changshengtian knows the consequences, we are unable to anticipate what will happen.”
Article 23 The troop regimentation practices decimal system, regardless aristocrats or slaves, ten soldiers fall into one basic unit, then there come hundred-soldier unit , thousand-soldier unit and ten-thousand-soldier unit; ten-soldier unit recommend the head of ten-soldier unit. The heads of ten-soldier unit recommend the head of hundred-soldier unit, and the heads of hundred-soldier unit recommend the head of thousand-soldier unit.
Article 24 Only those who are able to take into consideration while marching that whether the soldiers are hungry and thirsty or not and whether the livestock are wizened or not are suitable to act as heads.
Article 25 The ten-soldier head incapable of accomplishing the task shall be dismissed from his post and be punished together with his wife, son(s) and daughter(s),and another person shall be selected as the head from the ten-soldier unit. The above-mentioned principle is also applied to hundred-soldier heads, thousand-soldier heads and ten-thousand-soldier heads.
Article 26 The hundred-soldier heads, thousand-soldier heads and ten-thousand-soldier heads shall, at the beginning and at the end of the year, attend the conference of war to listen to Genghis Khan’ instructions and ensure the fulfillment of the instructions ,and supervise the soldiers within their jurisdiction. Those who either follow the instructions superficially or violate them in the mind to result in the failure of the Khan’s orders, or refuse to attend the conference shall be dismissed.
Article 27 If a war requires, all people, no matter old or young, rich or poor, shall have the obligations to join the army and fight against enemies.
Article28 Civilians are compulsory to bear goods and materials of warfare, and both the ten-household heads and the hundred-household heads shall be in charge of the imposition and requisition.
The armament shall be reviewed before going out for battle. The ten-household heads and the hundred-household heads who bear the responsibilities shall be severely punished if the armament prepared is insufficient.
Article 29 The personnel who join a battle, upon the receipt of the order, must arrive at the appointed place on time, neither late nor earlier.
Article 30 All soldiers shall concentrate on fighting in the battle, and are forbidden to pillage any property.
During the war, if the troops are forced to retreat back to their bottom line, the soldiers should fight with their best effort. Those who do not shall be put to death.
When the enemy is defeated, the throwing-away goods shall not be taken, which shall be distributed in a unified way at the end of the war.
Article 31 Noncommissioned officers shall be cautions when meeting with war affairs, and shall not attack the enemy rashly when the situation of enemy is uncertain.
Article 32 Those who picked up clothing, articles, and weapons of the comrade in arms at the battlefield and refused to return shall be put to death.
Article 33 A wife shall take good care of the household duties while her husband goes to the war or goes hunting, and bear the obligation of penal service instead of her husband.
Article 34 Those who are killed at the battlefield shall be protected. Where a slave carries the host killed out of the battlefield, the slave shall get the livestock and property of the master; and where the other person who carries the dead out of the battle, he shall get the wife, slave(s) and all property of the dead.
Qiexue
Article 35 Qiexue (squire) System shall be established. Strong and capable persons shall be selected from the sons and brothers of the thousand-household heads ,the hundred-household heads , the ten-household heads, or Baishen people(free men ) to serve in the squire corps (taking turns to guard at night ).
Nobody can not impede the one who is eligible for Qiexue and will to join Qiexue.
The sons and brothers of the thousand-household heads recruited to serve as squires shall consist of 10 Naketitu (intimate persons) and one Diewu (brother); the sons and brothers of the hundred-household heads shall consist of 5 Naketitu and one Diewu; and sons and brothers of the ten-household heads and Baishen people shall consist of 3 Naketitu and one Diewu.
The squires recruited shall, within the prescribed range, prepare horses and articles and goods by themselves; where those who are incapable to make sufficient preparations by themselves, the rest part may be levied or dispatched from the thousand-household unit or hundred-household unit. Severe punishment shall be given to those in violation of the order.
Article 36 The Qiexue is ranked above thousand-household heads outside his jurisdiction. Where a thousand-household head outside his jurisdiction comes to fight with a Qiexue, the thousand-household head shall be severely punished.
Article 37 The Naketitu of Qiexue is ranked above hundred-household heads and ten-household heads outside their jurisdiction. Where a hundred-household head or a ten-household head outside their jurisdiction come to the fight with the Naketitu of Qiexue, the hundred-household head or the ten-household head shall be severely punished.
Article38 A Qiexue who is in violation of administrative institution shall be exempted from death; those who are in violation for the first time shall be punished by whipping three times; those who are in violation for the second time shall be punished by whipping seven times; those who are in violation for the third times shall be punished by whipping thirty-seven times; and those who have no intention of mending their ways shall be punished by exile.
Where the four heads of Qiexue fail to pass on the above-mentioned punitive provisions, severe punishment shall be given.
The head of Qiexue can not punish the Qiexue at will without the orders of Genghis Khan, and the head who breaks the Yasa will be punished in the same way that he has punished the Qiexue.
The head of the Qiexue who refuses to obey may appeal to Genghis Khan. The Khan makes the final decision.
Article 39 The squire guarding at night is sacred and inviolable. Nobody shall be allowed to sit on the seat of honor for the squire, or stride across the body of the squire guarding at night, or be close to the squire guarding at night, the person in violation shall be arrested.
Article 40 Without the permission of the squire guarding at night, either walking around the Orduf Forbidden Area or entering the Orduf Forbidden Area at night is prohibited. The squire guarding at night shall apprehend those in violation being questioned at next day.
Where those persons have anything urgent to report shall get the permission of the squire guarding at night first and enter Orduf together with the squire guarding at night.
It is forbidden to inquire about the number of squires. For those who are in violation, the squire shall confiscate their mounts and unclothe them.
Article 41 The squire corps is commanded by Genghis Khan himself. Those who dispatch them without authorization shall be severely punished.
Behavior law
Article 42 The attitude towards the compatriots shall be meek, and the attitude towards the enemies shall be fierce and malicious.
Article 43 The words unanimously approved by three or above three persons of virtue are reliable.
The civilians shall speak carefully. Before speaking, he/she shall compare the words he/she about to speak with the words of the persons of virtue, and at the same time, compare the words spoken by other persons with the words of the persons of virtue, and if found suitable ,he/she may speak out, or , shall not speak out.
Article 44 The drunken person is blind, he can see nothing; he is also deaf, when you call him, he can hear nothing; he is also dumb, when you speak to him , he can say nothing. When a person is drunk, he looks like a dying person, he can not sit straight and upright on the ground, he looks like a numb, stupefied person with an injured head. Drinking alcohol has no benefits, and can not raise wisdom and bravery, and will not result in good behaviors and virtues: a drunken person can only do evil things, kill people or quarrel. The alcohol can make people lose his knowledge and skills, and will become the obstacles for his future and his career .He may lose the clear direction, and throw the foodstuffs and tablecloth into fire, or into water.
The person who drinks less alcohol shall be awarded, and the person who does not drink alcohol shall be put in an important position.
Where the monarch indulges in excessive drinking, he cannot manage major affairs, constitute the Bilike (instructions) or promulgate important customary law.
Where the ten-solider heads, the hundred-soldier heads, or the thousand-soldier heads indulge in excessive drinking, they shall removed form their duties.
Where the Qiexue soldier indulges in excessive drinking, he shall be punished severely.
Where the Halachu indulges in excessive drinking, all of his property shall be confiscated.
Where the drinking of alcohol cannot be restricted, a person is allowed to drink his fill three times a month.
Article45 Where a person using trust capitals loses money is business for three times in accumulation, he shall be put to death.
Article 46 Where a person murders another person, he shall be put to death.
Article 47 Where a man and a woman are committed open adultery or are arrested red-handed, the adulterer/adulteress shall be put to death.
Article 48 Men committed sodomy shall be put to death.
Article 49 A person taking in the escaped slaves or refusing to return the found property shall be put to death.
Article 50 A person using crooked ways to hurt another person shall be put to death.
Article 51 Bothe parties of the duel and the result of the duel shall be respected. In the process of duel, no one is allowed to participate in or help any side of the parties of the duel, and the person that violates shall be put to death.
Article 52 The person who lies shall be put to death.
Article 53 The person stealing other person’s important property shall be put to death; and his wife, son(s) and daughter(s) shall be seized, and all his property be confiscated, and then be given to the person who had been stolen.
Article 54 The person stealing other person’s non-important property shall be punished by flogging with a stick; according to the seriousness of the cases, the punishment shall be divided into different levels; flogging of 7 times, 17 times, 27 times, 37 times, or 47 times, and maximum is a 107 times.
Article 55 The master shall be responsible for the acts of the slaves. Where the slave steals the others’ property, both the master and the slave shall be put to death, and their wives, son(s) and daughter(s) shall be seized, and all their property be confiscated, and then be given to the person who had been stolen.
Article 56 The grassland shall be protected. Where the act of digging holes causes the damages to the grassland, or the act of catching fire causes the burning-down of the grassland after the grass turn the green, the whole family shall be put to death.
Article 57 The horses shall be protected .In spring, when the war is over, the battle steeds shall be put in good grassland, and shall not be ridden, or allowed to run randomly.
Where the person hits the head or eyes of horses, he shall be put to death.
Article 58 The water resources shall be protected. Washing hands in river is prohibited, and the act of drowning in water is prohibited.
Article 59 The legacies shall not be nationalized and no one shall interfere with the allocation of the legacies, and generally, the successor(s) to the dead shall inherit the legacies.
Where the dead has no successor, the legacies shall be given to his apprentice(s) or slave(s).
Article 60 The son(s) and daughter(s) of the wife and the concubine(s) both have the right of inheritance.
Procedure law
Article 61 What happens in the family shall be settled in the family as far as possible, and what happened in the fields shall be settled in the fields as far as possible.
Article 62 Where the chief Zha’erhuchi makes judgments on litigation, the squires shall form the judgment squire group to guarantee the enforcement of the order of the Zha’erhuchi.
Article 63 The punishment shall not be used except for those caught red-handed or commit the crime themselves. Where a lot of people make charges against the defendant and the defendant refuses to admit, the method of torturing may be used to make him/her commit the crime.
Supplementary Provisions
Article 64 Where the members of the Golden Family violate the Yasa, he/she shall be punished. The person committed an offence for the first time shall be admonished orally; for the second time, he/she shall be punished according to the Bilike (instructions) of Genghis Khan; and for the third time, he/she shall be exiled to a remote place. Where the person exiled to a remote place has no intention of mending his/her ways, he/she shall be put into prison with shackles. Where he/she still has no intention of mending his/her ways, he/she shall be punished according to the decisions made by the clan relative’s meeting.
Article 65 The Nayan shall conscientiously pass on the Yasa and the one who has the duties but fails to pass on the Yasa shall be punished severely.
中文版：大札撒
历史中的税
