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Remnants of Ch'in Law (13): Group C: Miscellaneous excerpts (秦律杂抄) 
作者:[Anonymous] 来源:[] 2008-08-21
摘要:Statutes concerning the appointment of officials, etc.

(Translated by A.F.P. Hulsewe)

Translaor’s Note: The texts belonging to the third group of strips,called by the editors Ch'in lv tsa ch'ao,“Miscellaneous excerpts of Ch’in statutes”, consist of 26 articles (C1- C26 ) in the division adopted in Wenwu 1976/7 and followed here.The 42 strips have a length of c.27.5 cm.or l ft.2 in.Ch'in-Han measure; they were held together by three sets of strings:at the top,in the middle,and at the bottom.Each strip contains about thirty characters.In contrast to the writing on the strips of the other groups (A,B,D and E) the text on these strips is continuous;there are no blank spaces left at the end of an article.However, considerable use is made of heavy black dots to indicate the end of a sentence; in the translation these dots have been replaced by a small circle.For clarity's sake I have started a new paragraph with each new article,although the writing on the strips is continuous.According to SS, P.127,(cf.CM,P.74),these strips were found between the thighs of the corpse.

[C1] To (recommend and) guarantee as an official a person who has been (permanently) removed from office is fined by two suits of armour.

When there is a levy,there are appointed as probationary Overseers and temporary Assistants on probation (persons with the rank of) shang tsao or higher;not to follow the Ordinances is fined two suits of armour.
 
When appointments to Sergeant Major and Overseer of the crossbow archers are not made in accordance with the Statutes,as well as when crossbow archers when shooting do not hit (the target),the Commandant is fined two suits of armour.
 
When the Overseer of the crossbow archers when shooting does not hit (the target),he is fined two suits of armour and dismissed:the Overseer guarantees him.
 
When a coachman has been appointed since four years and he is unable to drive,the person who taught him is fined one shield.He is dismissed and he has to make good four years’statute labour and military service.
          Statutes (concerning) the appointment of officials

[C2] Pretending to obey a (royal) command,setting it aside and not carrying it out (is punished by) shaving off the beard and being made a hou.Not to retire from one's mat is fined by two suits of armour and being (permanently) removed (from office).
         Statutes (concerning) the appointment of officials

[C3] When yu shihl are staying (somewhere) without credentials,the prefecture where they dwell will be fined one suit of armour;at the end of the year it will be charged.… (members of) the old Ch'in population leave (the country)… remove from the (populationl re-gister,(persons with the aristocratic rank of) shang tsao and above will be made kui-hsin,and (those with the rank of) kung shiht and lower will suffer a mutilating punishment and be made ch'eng tan.Statutes (concerning) yu shih

[C4] Whe n(a person) is warranted to appoint retainers (but) the population (such cases) are all punished by shaving off the beard and being made a hou.Employment of one's retainers in excess (of the norms established by) the Statutes,as well as beating them,is fined one suit of armour;if the skin is broken (the fine is) two suits of armour. Statutes concerning the appointment of retainers

[C5] When a former Grandee cuts off heads,he is banished.Those who divide (a group of soldiers in) armour into two during the hunt (are punished by) shaving off the beard.The prefectures must not venture to keep conscripts and make them retainers;(in that case) the Commandant is fined two suits of armour and he is dismissed;the Prefect (is fined) two suits of armour.The prefectures must not venture to take away the dried meat conveyed to the army by (soldiers of) the light chariots, crossbow-men, archers, and conscripts of the Central (Army). If they take away the dried meat of the conscripts of the Central (Army),the Prefect and the Commandant will each be fined two suits of armor.
 
[C6] When riding horses of five feet eight inches and higher are not fit for their task and when their running and…is not according to the ordinances the prefectural Controller of Horses is fined two suits of armour,and the Prefect and the Assistant (Prefect) are each (fined) one suit of armour.First (a quotum of) riding horses is imposed;when (the number of) horses is complete,then those that are to join the army are selected.Upon arrival in the army they are graded.When the horses are of poor quality,the Prefect and the Assistant (Prefect) (are fined) two suits of armour;the Controller of Horses is fined two suits of armour and he is (permanently) dismissed.

[C7] When officials (with a position of) Assistants and Clerks or higher load pack-horses or…and order (them) to sell these and take money,they will all be banished.

[C8] Whereas the issue of rations (to certain persons) in the army is not warranted still to issue these entails a fine of two suits of armour for both;they are (permanently) dismissed.If they are not officers,(the fine is) two years’military service.If (such persons') messmates,corporals or sergeants do not denounce this,the fine is one year's military service.If the Prefect,the Commandant or the sergeant-major do not arrest them,they are fined one suit of armour.Men in the army who sell their rations at the place where these rations were issued as well as in the prefectures they pass through,wilI be fined two years' military service;if their messmates of the same chariot (troop) corporals or sergeants do not denounce them, (they are fined) one year's military service.If the prefectural Controller of Works,the Assistants and clerks of the Controller of Works and the sergeant major in charge do not arrest them,the fine is one suit of armour:the State Controller of Works (is fined) one shield. If in the place where the rations were issued or in the prefectures passed through (by the recipients) commoners buy these rations,they are fined two suits of armour:the rations are confiscated.If officials have been posted and they do not arrest them, (they) as well as the Prefect and the Assistant (Prefect) are each fined one sult of armour. When arms issued to conscripts are not complete or in (good) repair,the Arsenal Overseer and officials (there) are fined two suits of armour and they are (permanently) dismissed.

[C9] Persons who venture greatly to increase the number of their years of hardship are fined one suit of armour and the hardship is cancelled.Statutes on hardship.....

[C10] When in storing hides and leather these are attacked by insects,the Overseer is fined one suit of armour,and the Prefect and the Assistant (Prefect) are (fined) one shield.Statutes on Storage

[C11] When (the quality of manufactured objects) upon inspection is poor,the Master of the Artisans is fined one suit of armour;the Assistant as well as the Head of the work-squad (are fined) one shield,and the men (are fined) twenty sets of laces.When (the quality) upon inspection is poor during three consecutive years,the Master of the Artisans (is fined) two suits of armour,the Assistant and the Head of the work-squad one suit of armour,and the men fifty sets of laces.  

[C12] Venturing to make other objects when these do not belong to the annual production,as well when there has been no royal Command,the Master of the Artisans as well as his Assistant are each fined two suits of armour.When a prefectural workshop for the first time presents (work) and it is poor,the Prefectural Overseer,his Assistant, his (subordinate) officials and the Head of the worksquads are each fined one shield. When ch'eng-tan working as artisans are rated as inferior, (each) man is given a hundred strokes.When carts are inferior,the Con-troller of Works and the Overseer (are fined) one shield;the men are given fifty strokes.

[C13] When (the produce of) the lacquer (tree) plantations is inferior,the 0verseer is fined one suit of armour;the Director,the Assistant (Director) and the assistantsa (are fined) one shield each;the men (are fined) each twenty sets of armour laces. When (the produce of) the lacquer (tree) plantations is inferior during three consecutive years,the Overseer is fined two suits of armour and he is (permanently) dismissed;the Director and the Assistant (Director) are each (fined) one suit of armour.

[C14] When the weight (obtained from) mining is inferior,the Overseer is fined one suit of armour[22] and the assistants (are fined) one shield:when it is inferior during three consecutive years,the Overseer is fined two suits of armour and he is (permanently) dismissed.When (the weight) is inferior, but no expense is incurred,no fines are to be imposed.

When the imposed annual work is lost before it has been collected and inspected as well when there is a shortage,the Head of the work-squad concerned is fined one shield.

[C15] When artisans in selecting posts mark a post that can be used as unfit for use, they are fined two suits of armour. When an artisan marks posts as unfit for use,thwartinga the builders,and the builders upon request (still )use it, the artisan who said that they were unfit for use is fined two suits of armour.

[C16] For hunting tigers,two carriages form a squad.When the tiger has not yet crossed the...and they pursue him and the tiger turns back, they are fined one suit of armour.When the tiger escapes and they do not catch it, (the occupants of) the carriages are fined one suit of armour. When the tigers is about to attack, the foot-soldiers come out and shoot at it; if they do not catch it, they are fined one suit of armour. When a leopard escapes and it is not caught,the fine is one shield.(Major of Government Carriages’Statutes of Hunting.)

[C17] When wounding horses of the ruler's carriage,a tear in the skin is fined one shield,for two inches the fine is two shields,for over two inches the fine is one suit of armour.When grading coursers,if after a full year from six heads down to one head,the fine is one shield.Stallions are lodged behind the carriage horses;one should not venture to whip them.Transgression of (this) Ordinance is fined one shield.Not to umharness horses that have been running is fined one shield.

[C18] When the horses of carriages for officials are measured and they (are found to be) morbidly thin,as well as (when the officials concerned) do not meet at the date of the measuring,the fine in both cases is one shield.When the performance of the horses is rated as inferior,the Overseer of the Stables is fined one suit of armour;the Prefect,his Assistant and the assistants and clerks are each fined one shield.When the performance of the horses is rated as inferior,the Overseer of the Corrals is fined one shield.

[C19] When of ten full-grown cows six have no offspring,the Overseer and the Assistant are each fined one shield.When of ten ewes four have no off-spring,the Overseer and the assistants are each fined one shield.When cows and sheep are
rated...

[C20] When they fail to report stalwart youths,as well as when they are careless in registering the disabled,the (village) chief and the elders (are condemned to) redeem (the punishment of) shaving off the beard.When commoners are not warranted to be considered as old,or when they have reached old age not to put in a request,those who venture to engage in deceit will be fined two suits of armour.The (village) chief and the elders who do not denounce this will each be fined one suit of armour,and the members of the group of five (will be fined) one shield per household.All are to be banished.Statutes concerning Enrolment

[C21] When infantary conscripts do not mount guard and the Master of the detail,the corporals and sergeants do not denounce this,they are each fined one shjeld. When the guards have already gone up to guard the steps,to go down without authorization is fined two suits of armour per person.

[C22] When those assigned for a levy return and the statement is made:“The (number of) days has been completed",whereas the documents have not yet come,(or) these do not agree with the statement,the fine is per day four months station at the frontier. When in the army (fewards) have just been decided concerning an attack on a walled town,and the town has fallen,(but) there still are stragglers who have not arrived at the scene of the fighting,(and who then) report:“I was surrounded in battle, but I broke through and escaped”-- if this is false,(they will be punished by) shaving off the beard.If the corporal and the (members of his) squad know this and do not denounce it,they will be fined one suit of armour; the group of five (will be fined) two suits of armour.Statutes for.…

[C23a] When someone has died in battle for the service without surrendering,a decision is taken (to reward) his successor.When again later it is shown that he did not die,the successor is divested of the aristocratic rank.The men of his group of five are freed (of punishment).The man who had not died is made a bond-servant on his return.

[C23b] Enemies who surrender are made bond-servants.

[C24] The Statute concerning the Arrest of Robbers says:"Those who transfer arrested persons to another in order to receive aristocratic rank (are condemned to) shaving off the beard.Thief-catchers must not be ordered (to act as escorts for) seeing off or welcoming (important visitors) or to perform other (tasks);those who order them to see off or welcome (visitors) or to perform other tasks will be fined two suits of armour.

[C25] The Statute concerning Military Service says:"Members of the same household are not to be levied simultaneously.When the Prefectural Overseer,the Commandant as well as the sergeant major make levies for military service not in accordance with the Statutes,they are fined two suits of armour."

[C26] When men in military service build as well as repair walls,they are made to guarantee’the sections (of wall) for one year.If parts of the walls they have built collapse,the Masters of the Prefectural Controller of Works who have been detailed to lead (these men) are each fined one suit of armour:the Prefectural Controller of Works’Assistant in charge of the leaders is fined one shield.The men in military service should be ordered to exert themselves in repairing the walls;when detailing them they must not be ordered to perform other tasks. When the repairs are finished,they must be ordered to heighten the defences and to reinforce the defences.The Prefectural Commandant constantly goes around to inspect their work as well as what they are doing. When somebody ventures to order them to perform other tasks,the person who has made them do so is fined two suits of armour.


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