"If the great, the military
leaders and the leaders of the many descendants of the ruler who will be
born in the future, should not adhere strictly to the Yasa, then the power
of the state will be shattered and come to an end, no matter how they then
seek Genghis Khan, they shall not find him."
-GENGHIS KHAN
Even before there was a Genghis
Khan, the tribes of Mongolia had a common law. The law was unwritten,
and had showed variations for the various tribes. As
Genghis Khan grew in power and influence, a need arose for laws that the
whole empire could use. The Yasa was a written record of ancestral
traditions, customs, laws, and Genghis Khan's ideas, which were added constantly
during his lifetime.
Anything that was written
in the Yasa had to be followed exactly. This resulted in strong
discipline, which determined how the Mongols lived and interacted.
In 1246, a Franciscan monk John of Plano Carpini visited Mongolia and was
impressed with how much discipline the Mongols had. He claimed that
the Mongols showed more obedience than in the clergy located in Europe.
Genghis Khan was able to use
obedience demanded from the Yasa to influence the morality of his
people. He could also influence the mentality of his people with
his decisions. The greatness that was achieved under his command
resulted in the Mongols gaining self pride.
When in the presence of Genghis
Khan, you weren't allowed to exercise any power. The only way that
you could, was if you were his representative.
There is no surviving manuscript
of the Yasa today, nor has there been any document discovered describing
it's contents. So, assumptions must be made cautiously because there
is no real certainty as to what was really written. There is though,
a few fragments written about the Yasa by Persian, Arabian, and
Syrian historians after Genghis Khan's death. The historian that
might be the most important of the three is the Persian, Juvaini.
Yet it is probable that none of these historians actually did see a copy
of the Yasa, which was written in the Uighur script.
Even though the Yasa
was started in 1206, it had to be added too to accommodate the needs of
the growing Asian Empire. The high cultural standard in China showed
a heavy influence on the primitive tribes. The expansion into China
probably affected matters of law and order. The Mongols were tolerant
when it came to religious matters, and had no rules governing the slaughter
of animals. The ritual killing performed by the Muslims, therefore
continued because a lack of a standard method. Laws that were set
up in Russian, Chinese, and Persian areas remained valid. But the
governors of the regions had to take into account the contents of the Yasa.
There were many different
punishments that the Mongols knew how to use, most of which were nothing
more than torture. When someone from the Golden Family (Genghis'
Family) or someone from another princely house was condemned to death,
no blood would be allowed to flow. Some of the things that would
be used in these situations was strangulation by bowstring or asphyxiation
under a pile of carpet. When convicted, the entire family of the
accused, including women and children were executed, considered accessories
to the crime.
The daily life of the citizens
were greatly impacted because of the harshness of the Yasa.
Among many of the tribes, adultery, robbery, plunder, and murder were very
rare, unlike times before Genghis Khan, when crimes such as these were
common. Genghis Khan's intentions were to make the Yasa inviolable.
In order to uphold the Yasa, he gave his son Chaghatai, the responsibility
of guarding it. Genghis was smart by choosing this son of his because
Chaghatai was stubborn, and a severe supported of the principles of his
father's system.
The Yasa, however did
not survive for long with the nomadic tribes. By the end of the thirteenth
century, the influence, which once was so powerful, began to diminish.
The destruction of these laws came faster with the disintegration of the
Empire.