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Remnants of Ch'in Law (11): Group A: Statutes on Agriculture (7) 
作者:[Anonymous] 来源:[] 2008-08-15
摘要:Statutes concerning Food rations for holders of Passports, Statutes concerning~the forwarding of documents, Statutes concerning the Ministry of Finance; miscellaneous, Statutes concerning the Commandant;miscellaneous, Statutes concerning Dependent States

(Translated by A.F.P. Hulsewe)


[A92] Royal Secretaries and tsu-jen who are messengers are fed with half a tou of refined grain, one quarter of a sheng of sauce, and for vegetable soup they are given leeks and onions.Those who possess aristocratic rank,from the fifth rank and above are fed according to their aristocratic rank.Messengers’followers are fed with half a tou of husked grain, and servants with one third of a tou.       (Statutes concerning Food rations for holders of Passports)

[A93] (Holders of the rank of) pu keng down to that of mou-jen (will receive) one tou of refined again, half a sheng of sauce, vegetable soup, and half a bushel each of hay and straw.Eunuchs (will be treated) like pu keng.    (Statutes concerning Food rations for Holders of Passports)

[A94] (Holders of the rank of) shang-tsao,down to office assistants and clerks who do not possess aristocratic rank,as well as diviners,astrologers,chief-coachmen,attendants and storehouse keepers (will receive a daily ration of) one tou of husked grain,vegetable soup,and two twenty-seconds of a sheng of salt.  (Statutes concerning Food rations of Holders of Passports)

[A95] When forwarding (royal) commands as well as documents marked “urgent”,these are to be forwarded immediately.Those that are not urgent are to be fully dealt with within a day;one must not venture to detain them. Cases of detaining are to be condemned according to the Statutes.     (Statutes concerning~the forwarding of documents)

[A96] When forwarding documents by the courier service and receiving documents,be sure to write day and month,morning or evening of their despatch and their arrival,in order to acknowledge immediately.When documents are lost,the office is to be quickly informed.Bond-servants and bond-women, who are old and weak,as well as those who are not trustworthy must not be…When written orders and summonses by the office say:"Report", persons who should have arrived but who have not come, should be traced.    (Statutes concerning the forwarding of documents)

[A97] The prefectures each inform the general offices in their prefecture to copy the statutes used in their Office.    (Statutes concerning the Ministry of Finance; miscellaneous)

[A98] When in case business requests have to be made,these must be made in writing.They must not be made orally,nor through another person.    (Statutes concerning the Ministry of Finance;miscellaneous)

[A99] When the Overseer of an office is dismissed…...in this office an Overseer is to be installed speedily.If after two months an Overseer has not been installed,the Prefect and the Assistant (Prefect) are considered as not having obeyed the Ordinances.    (Statutes concerning the Ministry of Finance;miscellaneous)

[A100] When appointing (clerical) assistants,these must be of adult age and above;one must not appoint persons newly enrolled as members of the rank and file.When a Park Overseer is absent,the Prefecture for this purpose instals a probationer, according to the Statutes on Stables.    (Statutes concerning the Ministry of Finance;miscellaneous)

[A101] According to the Ordinances…clerks must not be made to work in government storehouses.If (persons) are not sons of clerks,they must not venture to study in the study-room.Those who transgress this Ordinance will have committed a crime.
(Statutes concerning the Ministry of Finance;miscellaneous)

[A102] Persons in detention who are able to write must not be made to engage in the work of clerks.    (Statutes concerning the Ministry of Finance;miscellaneous)
   
[A103] Hou,robber guards as well as the multitude of persons under detention one should not venture to make assistants or clerks of government storehouses,as well as guards of the Forbidden Parks. (Statutes concerning the Ministry of Finance; miscellaneous)

[A104] Grain storage offices which engage in measuring each have scales and weights and tou and yung (measures) so that these are sufficient for calculations.The office concerned must not loan these to commoners.Those that are not used are to be corrected like those in use.     (Statutes concerning the Ministry of Finance;miscellaneous)

[Al05] One must not venture to enter into storehouses or archives with fire.When the Officials have finished collecting the stores, the Overseer of the office as well as the Officials nightly in turns inspect the Office:when there is no fire,they close the doors.The Prefectural Clerks must be ordered to patrol the (Prefect's) office and the storehouses.In case of new construction of official hostels,these must not adjoin storehouses or archives.    (Statutes concerning the Ministry of Finance;miscellaneous)

[A106] For offices concerned with grain storage the walls must be made high;as regards other walls connected with these,only the walls of stores where grain is placed and of granaries covered with thatch should be made high.Order should be given that outsiders should not come close to the buildings:those who are not personnel of the Office concerned must not venture to lodge there.A good watch should be kept,and whenever the gates have been closed,nearby fires should be extinguished.Keep guard carefully and be diligent.If these orders are not obeyed and there are losses or decay,or a fire breaks out,the officials of the office will have committed a serious crime and the Great Overseer and the Assistant will be held responsible.    (Statutes concerning the Ministry of Finance).

[A107] General offices annually present the figures for the tools that have been cancelled and for which they request replacement.Accounts are presented to the Ministry of Finance in the 9th month.(.....miscellaneous)

[A108] Annually,the penal statutes are checked with the Royal Secretary.
    (Statutes concerning the Commandant;miscellaneous)
Translator’s Note: The writing on the strip is clear,but the purport of this article escapes me, for there are too many uncertain factors,which render the above translation most unrehable. The occurrence of an apparently similar rule in the Chou-li, ti kuan,hsiang shih (Chou-li 6/21,P.31;Chou-1i chu-su 11.8b(0410);Biot I,p.233) i k'ao ssu-k'ung chih pi 以考司空之辟 is of no help,because here the hsiang shih,the District Leader,checks the norms (of public works) established by the Controller of Works.The binome pi lv 辟律is not to be found in the dictionaries.One of the meanings of pi is“law,rule”and so pi-1v could be a general term for“laws”;another is“ruler”.providing"the ruler's statutes". But pi can also mean"punishment",leading to the translation “penal laws”and this is the solution adopted by the editors of SS and here. It seems likely that yv shih御史refers to the royal secretaries (see note 1 to A 92 above) ,or to their chief, the Grand Secretary,and this explanation has been adopted by the editors of SS.Still,the possibility remains that the chien监yv shih,the inspector of a commandery,is meant (see note l to A 92 above,and Ch'in hui-yao,pp.201), and Mh II, p.531,no.1) ,for we must not lose sight of the fact that this collection of regulations belonged to a subordinate 10cal official.--Uncertainty also surounds the word wei尉in the title of this statute. The editors of SS believe that it refers to the t'ing廷wei, the Commandant of Justice (for whom see RHL,P.86,and my“Commandant of Justice”).This is a possibility,but on the other hand I expressed the belief that the Wei lv尉律,mentioned in HSPC 30.24b and in Hsv Shen'S preface to the shuo-wen chieh-tzu (SWKL, P.6710b) were statutes concerning the Military Commandant of the com-manderies(see my“The Shuo-wen”,P.244,and Ju Shun's quotation of this statute in HSPC 7.9a,HFHD II,P.176). Furthermore,there were also other functionaries in the Ch'in bureaucracy,whose title included the word wei, like the Supreme Commander,kuo wei國尉 (ch'in hui-yao,PP.201,468,5l5-5l6),and the Military Commandant for Deciding Lawsuits,tuan yv tu-wei断狱都尉 (op.cit.,PP.2l7,521).See also the historical survey in Yv Hao-liang,PP.12—16.Finally,there remains the problem of“checking”,ch'ou 雠.Here one may refer to the curious passage in the Shang-chvn shu,P.93 (Duyvendak,Lord Shang,P.329),reading一葳受法命以禁令.The modern commentator paraphrases this as“Each year the officials and the people receive the laws, using the laws of the forbidden chamber (the palace archives mentioned earlier in the text) as the standard”, where the addition in italics is only an intelligent guess.

[A109] …the officials of the office concerned……statutes,register of standards,one should not venture to proceed;proceeding is a punishable Ofience.        (Statutes concerning the Commandant;miscellaneous)

[A110] When offces in the (border) marches transfer bond-servants and bondwomen to each other,and the people have been collected,one must note the years,days and months (during which) they were already given rations,whether they did or did not receive clothing,whether they do or do not possess a wife.Those who have received (food and clothes) will continue to be fed and clothed according to the statutes. (Statutes concerningDependent States)


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