Ofício do magistrado do distrito de Xiangshan, Peng, ao procurador de Macau, sobre a morte de Jin Ya-Yi perpetrada por um estrangeiro, em Macau

This is a Qing dynasty imperial edict and magisterial proclamation, dated 23rd day of the tenth month of the 54th year of the Qianlong reign (1789), issued by Magistrate Peng, Chief Magistrate of a county under the jurisdiction of Guangdong Province. The document concerns the homicide of local subje...

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Published: 1790-01-08
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Online Access:https://macau-legacy.usj.edu.mo/docs/TPWEPG7T/viewer_TPWEPG7T.html
_version_ 1877197618602311680
archiveLocation PT/TT/DCHN/1/2/000107
building Portugal. Arquivo Nacional da Torre do Tombo
collection Portugal. Arquivo Nacional da Torre do Tombo
description This is a Qing dynasty imperial edict and magisterial proclamation, dated 23rd day of the tenth month of the 54th year of the Qianlong reign (1789), issued by Magistrate Peng, Chief Magistrate of a county under the jurisdiction of Guangdong Province. The document concerns the homicide of local subject Zhang Ya-yi by the foreigner Bima Huan-ti-huan, identified as an ‘Yí Fàn’ (foreign offender) under the authority of a ‘Yí Mù’ (Chief Foreign Representative or consular/community head). It records the magistrate’s formal censure of the foreign official’s delayed surrender of the perpetrator and rejection of his petition—deemed incoherent and legally unsound—which cited the accused’s purported good character and lack of intent. The edict confirms the conviction for non-intentional homicide, specifies the sentence of strangulation carried out by hanging, notes the concession permitting religious rites per foreign custom, and contrasts this with the harsher penalty prescribed for intentional murder. It further underscores procedural expectations, asserts accountability of the Yí Mù for custody failures, and conveys urgent directives from the Guangdong Provincial Administration Commissioner mandating immediate delivery of the offender for judicial examination in Macau, under threat of disciplinary consequences. The text bears multiple red-ink official seals, including that of the Guangdong Provincial Administration Commission, and marginalia indicating archival classification and urgency.
first_indexed 2026-05-17T07:58:58Z
format Manuscripts
fulltext [transcription] {{PAGE:1}} 乾隆五十四年十一月 夷人殺死張亞意 諭 [Marginalia — left center] 508 [Marginalia — center] T107 T107 1489 [Stamp — top center] [Red ink stamp, partially over character 諭; illegible] [Stamp — scattered across page] [Multiple red circular seal impressions, mostly smudged or incomplete; illegible] [Stamp — bottom center] 廣東布政使司印 {{PAGE:2}} 正堂彭 諭嘍囉知悉案照夷人吡嘛喚啼喚 刀戳民人張亞意身死一案該夷目未將犯夷 即日解出經本縣明白諭催在案旋據該夷 目稟稱該犯夷平日良善並非有意殺人 且非雞犬不怕走失等語竟屬無情無理 之言殊屬不合查吡嘛喚啼喚刀戳死張亞 {{PAGE:3}} [Main text] 意因其並非有意,是以止照例問絞。不過 用繩勒斃,並准照夷法為解罪、念經。若果 有意殺人,即應斬首示眾,豈能復全身首? 況更容其誦經解罪耶?既經殺人,遑問其平 日良善?豈良善之人便可聽其殺人不問即 且該犯夷係交該夷目收管,原不慮逃脫。倘 有疏虞,惟該夷目是問,並可即將該夷目鎖 {{PAGE:4}} 拿解准 究辦。何得支離其詞,以為遷延狡卸之 計?本縣惠愛夷目,情法兼盡,無所不至。該 夷目竟不能仰體婆心,作此混稟,殊可怪 詫!該夷目平日恭順守法,最為本縣所深 悉。今忽如此糊塗,更不可解。 {{PAGE:5}} [Stamp — left margin] [Red circular seal: 廣東布政使司印] [Main text] 其間也現奉 本府憲嚴頻催不能再為延緩合亟諭飭 該夷目即將該犯夷立刻解出以憑稟請 本府憲臨澳提審依法辦理如再刻延率 混倘 本府憲震怒恐該夷目不能當其重咎也凛 {{PAGE:6}} [Marginalia — right] 之速 特諭 [Stamp — right, over marginalia] [Circular red stamp over character “速”] [Red checkmark stamp below character “諭”] {{PAGE:7}} [Stamp — center] [Red square seal with illegible Chinese characters] [Marginalia — right] X01 [Main text] 乾隆五十四年十月 廿三日諭 [translation] {{PAGE:1}} Year 54 of the Qianlong reign (1789), eleventh month Foreigners murdered Zhang Yayi Imperial Edict [Marginalia — left centre] 508 [Marginalia — centre] T107 T107 1489 [Stamp — top centre] [Red-ink imperial seal, partially overlapping the character 諭 (‘edict’); inscription illegible] [Stamp — scattered across page] [Multiple red circular official seals, most heavily smudged or fragmentary; inscriptions illegible] [Stamp — bottom centre] Seal of the Guangdong Provincial Administration Commission {{PAGE:2}} Magistrate Peng, Chief Magistrate of the County, Proclamation to the Lolo (Yi) Community Take notice that, in the case concerning the foreigner Bima Huan-ti-huan, who stabbed to death the local subject Zhang Ya-yi, the said foreign official failed to surrender the perpetrator immediately, despite explicit instructions from this magistrate. Such failure has already been formally noted and duly recorded in the county’s official register. Subsequently, the aforementioned foreign official submitted a memorial asserting that the accused foreigner was ‘ordinarily of good character’, ‘had no intention to kill’, and ‘was not even afraid of losing chickens or dogs’—a statement wholly devoid of compassion or reason, and entirely inconsistent with judicial propriety. It is hereby established that Bima Huan-ti-huan did indeed stab Zhang Ya-yi to death. {{PAGE:3}} [Main text] Since the act was not intentional, the offender was sentenced only to the standard penalty of strangulation. Furthermore, execution was carried out by hanging (i.e., death by ligature), and—pursuant to foreign (i.e., non-Chinese) legal custom—the condemned was permitted to recite prayers and perform rites for absolution. Were the homicide intentional, however, the prescribed punishment would have been decapitation and public display of the severed head; how, then, could the offender possibly retain his head intact? Still less could he be allowed to recite prayers for absolution. Once a homicide has been committed, what relevance can there be to the perpetrator’s prior conduct or personal character? Can a person’s previous reputation for virtue serve as grounds for excusing or mitigating the crime of murder? Moreover, the foreign offender in question had been placed under the custody of his own country’s appointed official (‘yimu’, i.e., a consular or community head); escape was therefore not anticipated. Should any negligence occur, responsibility rests solely with that official—and he may, if necessary, be immediately detained. {{PAGE:4}} Order issued for apprehension and investigation. How dare you resort to evasive and incoherent language, thereby seeking merely to delay proceedings and evade accountability? This magistrate has consistently treated the foreign headman with benevolence and fairness, observing both equity and due process to the fullest extent. Yet the said foreign headman has utterly failed to appreciate this compassionate and impartial approach, submitting instead a confused and disorderly petition—an action most extraordinary and deeply perplexing. It is well established—indeed, thoroughly documented—that this foreign headman has hitherto conducted himself with exemplary deference and strict adherence to the law, a fact of which this magistrate is fully cognisant. His sudden descent into such manifest confusion is therefore all the more inexplicable. {{PAGE:5}} [Stamp — left margin] [Red circular seal: Seal of the Guangdong Provincial Administration Commission] [Main text] In the meantime, we have now received repeated and peremptory orders from His Excellency the Provincial Administration Commissioner of Guangdong, commanding that no further delay be permitted. It is therefore imperative that you—Chief Foreign Representative (Yí Mù)—immediately deliver the said foreign offender (Yí Fàn) into custody, so that formal notification may be submitted to His Excellency, who will then proceed to Macau in person to conduct a judicial examination and adjudicate the case in accordance with established legal procedure. Should you again attempt to postpone or evade compliance in any manner, His Excellency’s indignation will be severe; and you, Chief Foreign Representative, may well find yourself unable to bear the weight of the ensuing censure and disciplinary consequences. Let this serve as a solemn warning. {{PAGE:6}} [Margin note — right] ‘Urgent’ Imperial Edict [Stamp — right, superimposed on margin note] [Circular red seal overlapping the character ‘速’ (‘urgent’)] [Red checkmark seal positioned beneath the character ‘諭’ (‘edict’)] {{PAGE:7}} [Stamp — centred] [Red square seal bearing illegible Chinese characters] [Marginalia — right] X01 [Main text] 23rd day of the tenth month, Qianlong 54 (1789)
fulltext_transcription {{PAGE:1}} 乾隆五十四年十一月 夷人殺死張亞意 諭 [Marginalia — left center] 508 [Marginalia — center] T107 T107 1489 [Stamp — top center] [Red ink stamp, partially over character 諭; illegible] [Stamp — scattered across page] [Multiple red circular seal impressions, mostly smudged or incomplete; illegible] [Stamp — bottom center] 廣東布政使司印 {{PAGE:2}} 正堂彭 諭嘍囉知悉案照夷人吡嘛喚啼喚 刀戳民人張亞意身死一案該夷目未將犯夷 即日解出經本縣明白諭催在案旋據該夷 目稟稱該犯夷平日良善並非有意殺人 且非雞犬不怕走失等語竟屬無情無理 之言殊屬不合查吡嘛喚啼喚刀戳死張亞 {{PAGE:3}} [Main text] 意因其並非有意,是以止照例問絞。不過 用繩勒斃,並准照夷法為解罪、念經。若果 有意殺人,即應斬首示眾,豈能復全身首? 況更容其誦經解罪耶?既經殺人,遑問其平 日良善?豈良善之人便可聽其殺人不問即 且該犯夷係交該夷目收管,原不慮逃脫。倘 有疏虞,惟該夷目是問,並可即將該夷目鎖 {{PAGE:4}} 拿解准 究辦。何得支離其詞,以為遷延狡卸之 計?本縣惠愛夷目,情法兼盡,無所不至。該 夷目竟不能仰體婆心,作此混稟,殊可怪 詫!該夷目平日恭順守法,最為本縣所深 悉。今忽如此糊塗,更不可解。 {{PAGE:5}} [Stamp — left margin] [Red circular seal: 廣東布政使司印] [Main text] 其間也現奉 本府憲嚴頻催不能再為延緩合亟諭飭 該夷目即將該犯夷立刻解出以憑稟請 本府憲臨澳提審依法辦理如再刻延率 混倘 本府憲震怒恐該夷目不能當其重咎也凛 {{PAGE:6}} [Marginalia — right] 之速 特諭 [Stamp — right, over marginalia] [Circular red stamp over character “速”] [Red checkmark stamp below character “諭”] {{PAGE:7}} [Stamp — center] [Red square seal with illegible Chinese characters] [Marginalia — right] X01 [Main text] 乾隆五十四年十月 廿三日諭
fulltext_translation {{PAGE:1}} Year 54 of the Qianlong reign (1789), eleventh month Foreigners murdered Zhang Yayi Imperial Edict [Marginalia — left centre] 508 [Marginalia — centre] T107 T107 1489 [Stamp — top centre] [Red-ink imperial seal, partially overlapping the character 諭 (‘edict’); inscription illegible] [Stamp — scattered across page] [Multiple red circular official seals, most heavily smudged or fragmentary; inscriptions illegible] [Stamp — bottom centre] Seal of the Guangdong Provincial Administration Commission {{PAGE:2}} Magistrate Peng, Chief Magistrate of the County, Proclamation to the Lolo (Yi) Community Take notice that, in the case concerning the foreigner Bima Huan-ti-huan, who stabbed to death the local subject Zhang Ya-yi, the said foreign official failed to surrender the perpetrator immediately, despite explicit instructions from this magistrate. Such failure has already been formally noted and duly recorded in the county’s official register. Subsequently, the aforementioned foreign official submitted a memorial asserting that the accused foreigner was ‘ordinarily of good character’, ‘had no intention to kill’, and ‘was not even afraid of losing chickens or dogs’—a statement wholly devoid of compassion or reason, and entirely inconsistent with judicial propriety. It is hereby established that Bima Huan-ti-huan did indeed stab Zhang Ya-yi to death. {{PAGE:3}} [Main text] Since the act was not intentional, the offender was sentenced only to the standard penalty of strangulation. Furthermore, execution was carried out by hanging (i.e., death by ligature), and—pursuant to foreign (i.e., non-Chinese) legal custom—the condemned was permitted to recite prayers and perform rites for absolution. Were the homicide intentional, however, the prescribed punishment would have been decapitation and public display of the severed head; how, then, could the offender possibly retain his head intact? Still less could he be allowed to recite prayers for absolution. Once a homicide has been committed, what relevance can there be to the perpetrator’s prior conduct or personal character? Can a person’s previous reputation for virtue serve as grounds for excusing or mitigating the crime of murder? Moreover, the foreign offender in question had been placed under the custody of his own country’s appointed official (‘yimu’, i.e., a consular or community head); escape was therefore not anticipated. Should any negligence occur, responsibility rests solely with that official—and he may, if necessary, be immediately detained. {{PAGE:4}} Order issued for apprehension and investigation. How dare you resort to evasive and incoherent language, thereby seeking merely to delay proceedings and evade accountability? This magistrate has consistently treated the foreign headman with benevolence and fairness, observing both equity and due process to the fullest extent. Yet the said foreign headman has utterly failed to appreciate this compassionate and impartial approach, submitting instead a confused and disorderly petition—an action most extraordinary and deeply perplexing. It is well established—indeed, thoroughly documented—that this foreign headman has hitherto conducted himself with exemplary deference and strict adherence to the law, a fact of which this magistrate is fully cognisant. His sudden descent into such manifest confusion is therefore all the more inexplicable. {{PAGE:5}} [Stamp — left margin] [Red circular seal: Seal of the Guangdong Provincial Administration Commission] [Main text] In the meantime, we have now received repeated and peremptory orders from His Excellency the Provincial Administration Commissioner of Guangdong, commanding that no further delay be permitted. It is therefore imperative that you—Chief Foreign Representative (Yí Mù)—immediately deliver the said foreign offender (Yí Fàn) into custody, so that formal notification may be submitted to His Excellency, who will then proceed to Macau in person to conduct a judicial examination and adjudicate the case in accordance with established legal procedure. Should you again attempt to postpone or evade compliance in any manner, His Excellency’s indignation will be severe; and you, Chief Foreign Representative, may well find yourself unable to bear the weight of the ensuing censure and disciplinary consequences. Let this serve as a solemn warning. {{PAGE:6}} [Margin note — right] ‘Urgent’ Imperial Edict [Stamp — right, superimposed on margin note] [Circular red seal overlapping the character ‘速’ (‘urgent’)] [Red checkmark seal positioned beneath the character ‘諭’ (‘edict’)] {{PAGE:7}} [Stamp — centred] [Red square seal bearing illegible Chinese characters] [Marginalia — right] X01 [Main text] 23rd day of the tenth month, Qianlong 54 (1789)
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spelling Ofício do magistrado do distrito de Xiangshan, Peng, ao procurador de Macau, sobre a morte de Jin Ya-Yi perpetrada por um estrangeiro, em Macau
This is a Qing dynasty imperial edict and magisterial proclamation, dated 23rd day of the tenth month of the 54th year of the Qianlong reign (1789), issued by Magistrate Peng, Chief Magistrate of a county under the jurisdiction of Guangdong Province. The document concerns the homicide of local subject Zhang Ya-yi by the foreigner Bima Huan-ti-huan, identified as an ‘Yí Fàn’ (foreign offender) under the authority of a ‘Yí Mù’ (Chief Foreign Representative or consular/community head). It records the magistrate’s formal censure of the foreign official’s delayed surrender of the perpetrator and rejection of his petition—deemed incoherent and legally unsound—which cited the accused’s purported good character and lack of intent. The edict confirms the conviction for non-intentional homicide, specifies the sentence of strangulation carried out by hanging, notes the concession permitting religious rites per foreign custom, and contrasts this with the harsher penalty prescribed for intentional murder. It further underscores procedural expectations, asserts accountability of the Yí Mù for custody failures, and conveys urgent directives from the Guangdong Provincial Administration Commissioner mandating immediate delivery of the offender for judicial examination in Macau, under threat of disciplinary consequences. The text bears multiple red-ink official seals, including that of the Guangdong Provincial Administration Commission, and marginalia indicating archival classification and urgency.
Manuscripts
Portugal. Arquivo Nacional da Torre do Tombo
PT/TT/DCHN/1/2/000107
1790-01-08
Guangdong Provincial Administration Commission
Macau Procurator
Qianlong reign
Qing Dynasty Edict
Xiangshan magistrate
Yi Mu
Yí Fàn
magistrate’s formal censure
non-intentional homicide
religious rites concession
strangulation sentence
{{PAGE:1}} 乾隆五十四年十一月 夷人殺死張亞意 諭 [Marginalia — left center] 508 [Marginalia — center] T107 T107 1489 [Stamp — top center] [Red ink stamp, partially over character 諭; illegible] [Stamp — scattered across page] [Multiple red circular seal impressions, mostly smudged or incomplete; illegible] [Stamp — bottom center] 廣東布政使司印 {{PAGE:2}} 正堂彭 諭嘍囉知悉案照夷人吡嘛喚啼喚 刀戳民人張亞意身死一案該夷目未將犯夷 即日解出經本縣明白諭催在案旋據該夷 目稟稱該犯夷平日良善並非有意殺人 且非雞犬不怕走失等語竟屬無情無理 之言殊屬不合查吡嘛喚啼喚刀戳死張亞 {{PAGE:3}} [Main text] 意因其並非有意,是以止照例問絞。不過 用繩勒斃,並准照夷法為解罪、念經。若果 有意殺人,即應斬首示眾,豈能復全身首? 況更容其誦經解罪耶?既經殺人,遑問其平 日良善?豈良善之人便可聽其殺人不問即 且該犯夷係交該夷目收管,原不慮逃脫。倘 有疏虞,惟該夷目是問,並可即將該夷目鎖 {{PAGE:4}} 拿解准 究辦。何得支離其詞,以為遷延狡卸之 計?本縣惠愛夷目,情法兼盡,無所不至。該 夷目竟不能仰體婆心,作此混稟,殊可怪 詫!該夷目平日恭順守法,最為本縣所深 悉。今忽如此糊塗,更不可解。 {{PAGE:5}} [Stamp — left margin] [Red circular seal: 廣東布政使司印] [Main text] 其間也現奉 本府憲嚴頻催不能再為延緩合亟諭飭 該夷目即將該犯夷立刻解出以憑稟請 本府憲臨澳提審依法辦理如再刻延率 混倘 本府憲震怒恐該夷目不能當其重咎也凛 {{PAGE:6}} [Marginalia — right] 之速 特諭 [Stamp — right, over marginalia] [Circular red stamp over character “速”] [Red checkmark stamp below character “諭”] {{PAGE:7}} [Stamp — center] [Red square seal with illegible Chinese characters] [Marginalia — right] X01 [Main text] 乾隆五十四年十月 廿三日諭 {{PAGE:1}} Year 54 of the Qianlong reign (1789), eleventh month Foreigners murdered Zhang Yayi Imperial Edict [Marginalia — left centre] 508 [Marginalia — centre] T107 T107 1489 [Stamp — top centre] [Red-ink imperial seal, partially overlapping the character 諭 (‘edict’); inscription illegible] [Stamp — scattered across page] [Multiple red circular official seals, most heavily smudged or fragmentary; inscriptions illegible] [Stamp — bottom centre] Seal of the Guangdong Provincial Administration Commission {{PAGE:2}} Magistrate Peng, Chief Magistrate of the County, Proclamation to the Lolo (Yi) Community Take notice that, in the case concerning the foreigner Bima Huan-ti-huan, who stabbed to death the local subject Zhang Ya-yi, the said foreign official failed to surrender the perpetrator immediately, despite explicit instructions from this magistrate. Such failure has already been formally noted and duly recorded in the county’s official register. Subsequently, the aforementioned foreign official submitted a memorial asserting that the accused foreigner was ‘ordinarily of good character’, ‘had no intention to kill’, and ‘was not even afraid of losing chickens or dogs’—a statement wholly devoid of compassion or reason, and entirely inconsistent with judicial propriety. It is hereby established that Bima Huan-ti-huan did indeed stab Zhang Ya-yi to death. {{PAGE:3}} [Main text] Since the act was not intentional, the offender was sentenced only to the standard penalty of strangulation. Furthermore, execution was carried out by hanging (i.e., death by ligature), and—pursuant to foreign (i.e., non-Chinese) legal custom—the condemned was permitted to recite prayers and perform rites for absolution. Were the homicide intentional, however, the prescribed punishment would have been decapitation and public display of the severed head; how, then, could the offender possibly retain his head intact? Still less could he be allowed to recite prayers for absolution. Once a homicide has been committed, what relevance can there be to the perpetrator’s prior conduct or personal character? Can a person’s previous reputation for virtue serve as grounds for excusing or mitigating the crime of murder? Moreover, the foreign offender in question had been placed under the custody of his own country’s appointed official (‘yimu’, i.e., a consular or community head); escape was therefore not anticipated. Should any negligence occur, responsibility rests solely with that official—and he may, if necessary, be immediately detained. {{PAGE:4}} Order issued for apprehension and investigation. How dare you resort to evasive and incoherent language, thereby seeking merely to delay proceedings and evade accountability? This magistrate has consistently treated the foreign headman with benevolence and fairness, observing both equity and due process to the fullest extent. Yet the said foreign headman has utterly failed to appreciate this compassionate and impartial approach, submitting instead a confused and disorderly petition—an action most extraordinary and deeply perplexing. It is well established—indeed, thoroughly documented—that this foreign headman has hitherto conducted himself with exemplary deference and strict adherence to the law, a fact of which this magistrate is fully cognisant. His sudden descent into such manifest confusion is therefore all the more inexplicable. {{PAGE:5}} [Stamp — left margin] [Red circular seal: Seal of the Guangdong Provincial Administration Commission] [Main text] In the meantime, we have now received repeated and peremptory orders from His Excellency the Provincial Administration Commissioner of Guangdong, commanding that no further delay be permitted. It is therefore imperative that you—Chief Foreign Representative (Yí Mù)—immediately deliver the said forei
spellingShingle Ofício do magistrado do distrito de Xiangshan, Peng, ao procurador de Macau, sobre a morte de Jin Ya-Yi perpetrada por um estrangeiro, em Macau
Guangdong Provincial Administration Commission
Macau Procurator
Qianlong reign
Qing Dynasty Edict
Xiangshan magistrate
Yi Mu
Yí Fàn
magistrate’s formal censure
non-intentional homicide
religious rites concession
strangulation sentence
title Ofício do magistrado do distrito de Xiangshan, Peng, ao procurador de Macau, sobre a morte de Jin Ya-Yi perpetrada por um estrangeiro, em Macau
title_autocomplete Ofício do magistrado do distrito de Xiangshan, Peng, ao procurador de Macau, sobre a morte de Jin Ya-Yi perpetrada por um estrangeiro, em Macau
title_full Ofício do magistrado do distrito de Xiangshan, Peng, ao procurador de Macau, sobre a morte de Jin Ya-Yi perpetrada por um estrangeiro, em Macau
title_fullStr Ofício do magistrado do distrito de Xiangshan, Peng, ao procurador de Macau, sobre a morte de Jin Ya-Yi perpetrada por um estrangeiro, em Macau
title_full_unstemmed Ofício do magistrado do distrito de Xiangshan, Peng, ao procurador de Macau, sobre a morte de Jin Ya-Yi perpetrada por um estrangeiro, em Macau
title_short Ofício do magistrado do distrito de Xiangshan, Peng, ao procurador de Macau, sobre a morte de Jin Ya-Yi perpetrada por um estrangeiro, em Macau
title_sort ofício do magistrado do distrito de xiangshan, peng, ao procurador de macau, sobre a morte de jin ya-yi perpetrada por um estrangeiro, em macau
topic Guangdong Provincial Administration Commission
Macau Procurator
Qianlong reign
Qing Dynasty Edict
Xiangshan magistrate
Yi Mu
Yí Fàn
magistrate’s formal censure
non-intentional homicide
religious rites concession
strangulation sentence
topic_autocomplete Guangdong Provincial Administration Commission
Macau Procurator
Qianlong reign
Qing Dynasty Edict
Xiangshan magistrate
Yi Mu
Yí Fàn
magistrate’s formal censure
non-intentional homicide
religious rites concession
strangulation sentence
topic_facet Guangdong Provincial Administration Commission
Macau Procurator
Qianlong reign
Qing Dynasty Edict
Xiangshan magistrate
Yi Mu
Yí Fàn
magistrate’s formal censure
non-intentional homicide
religious rites concession
strangulation sentence
url https://macau-legacy.usj.edu.mo/docs/TPWEPG7T/viewer_TPWEPG7T.html
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