The Yassa code of law prescribed a number of punishments for the various crimes that it defined. The punishments were designed to maintain the unity of the army and the people, and they were enforced with extraordinary severity. The Yassa established a uniform system of punishments, with the death penalty for the most serious crimes and corporal punishment or fines for lesser crimes.
The most important of the punishments prescribed by the Yassa was the death penalty. The Yassa established the death penalty for a wide range of crimes, including:
- Theft
- Adultery
- The unauthorized sale of a female relative
- The failure to report for military service
- The failure to share booty
- The desertion of a battlefield
- The unauthorized sale of a captive
- The unauthorized sale of a horse
The Yassa also prescribed the death penalty for a number of religious crimes, including the refusal to accept the authority of the khan, the practice of sorcery or witchcraft, and the desecration of a religious site. The Yassa also established the death penalty for the unauthorized possession of a royal seal or a royal document.
The Methods of Execution
The methods of execution prescribed by the Yassa varied depending on the crime and the status of the criminal. The most common methods of execution were:
- Beheading
- Strangulation
- Trampling by horses
- Drowning
- Burning
- The breaking of the spine
The Yassa also prescribed some specific methods of execution for specific crimes. For example, a man who committed adultery was reportedly executed by being shot with arrows. A man who committed theft was reportedly executed by being beheaded. A man who committed the unauthorized sale of a female relative was reportedly executed by being trampled by horses.
The methods of execution were designed to be as visible as possible, and the executions were typically carried out in public. The public executions were a major factor in the deterrent effect of the Yassa, and the executions were widely reported in the chronicles of the time.
The Corporal Punishments
The Yassa also prescribed corporal punishments for lesser crimes. The most important of the corporal punishments was flogging, which was typically administered in public. The Yassa established a specific number of strokes for specific crimes, and the strokes were typically administered with a special whip.
The Yassa also prescribed mutilation as a punishment for some crimes. The most common mutilation was the cutting off of a hand or a foot, which was a punishment for theft and other crimes against property. The Yassa also prescribed the cutting out of a tongue, which was a punishment for blasphemy and other religious crimes.
The corporal punishments were also designed to be as visible as possible, and the punishments were typically carried out in public. The public punishments were a major factor in the deterrent effect of the Yassa, and the punishments were widely reported in the chronicles of the time.
The Fines and Confiscations
The Yassa also prescribed fines and confiscations for some crimes. The most common fine was the payment of a specific number of animals, which was a punishment for crimes against property. The Yassa also prescribed the confiscation of property for some crimes, including the failure to pay taxes and the failure to perform military service.
The fines and confiscations were typically administered by the local authorities, and the proceeds were typically used to support the local administration. The fines and confiscations were a major source of revenue for the local authorities, and the fines and confiscations were a major factor in the success of the Mongol administrative system.
The Banishments
The Yassa also prescribed banishment for some crimes. The most common banishment was the banishment from the Mongol people, which was a punishment for serious crimes that did not merit the death penalty. The banishment was typically carried out by sending the criminal to a distant part of the empire, where the criminal was required to live for a specific period.
The banishment was a major punishment in the Mongol world, since the exile from the Mongol people was a serious loss of status. The banishment was typically reserved for the most serious crimes that did not merit the death penalty, and the banishment was widely used as a punishment for political crimes.
The Enforcement of the Yassa
The enforcement of the Yassa was carried out by a network of judges and administrators, who were appointed by the khan and who were responsible for the administration of justice in the territories of the empire. The judges were required to apply the Yassa uniformly, and they were required to report to the khan on the cases that they had heard.
The enforcement of the Yassa was a major factor in the success of the Mongol military, and it was one of the keys to the stability of the Mongol state. The enforcement of the Yassa was, however, also a major source of tension in the Mongol world, and the enforcement was often cited by the critics of the Mongol Empire as evidence of the brutality of the Mongol state.
Sources
- John Man, Genghis Khan: Life, Death and Legacy (London, 2004).
- Igor de Rachewiltz, ed., The Secret History of the Mongols (2 vols., Brill, 2004–2013).
- Paul Ratchnevsky, Genghis Khan: His Life and Legacy (Oxford, 1991).