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Remnants of Ch'in Law (18): Group D: Answers to questions (秦律答問) (5) 
作者:[Anonymous] 来源:[] 2008-09-09
摘要:About miscellaneous issues

(Translated by A.F.P. Hulsewe)

[D135] When a Section Assistant“hides” fields of commoners,and the commoners are not aware of this,are they warranted to be sentenced? When a Section Assistant commits“hiding fields”,what does he commit? When he has already taxed the people,(but) he does not report this,that is a case of“hiding fields”.When he has not levied the tax,he is not sentenced... is a case of“hiding fields”.

[D136] “Thievishly to shift border marks (is punished by) redemption of shaving off the beard.” What are border marks? Border marks are the field paths. Are the borders between ch'ing border marks or are they not? Why is the punishment for shifting these as heavy as redemption of shaving off the beard? They are (border marks).It is not heavy.  

[D137] Small cattle having entered a person's house,the inmates of the house take quarterstaffs or sticks and beat and kill them.Those killed have a value of 250 cash;how are they to be sentenced? This warrants a fine of two suits of armour.

[D138] A is small and not fully six feet (tall).He has one horse which he personally takes to graze.Now the horse is...by another person and eats one bushel of another's grain.Question:is he warranted to be sentenced or is he not warranted? He is not warranted to be sentenced nor to repay the grain.    .

[D139] When lodging in a government residence,one causes a fire which burns down the lodge;although it contains government tools,these must not be charged.Now,when lodging in a government residence,one causes a fire which burns the carriage(s) and horses that had been borrowed;are these warranted to be charged,or are they not warranted? They are not warranted;cancel them.

[D140] Causing a fire which spreads and burns the gate of the ward, warrants a fine of one shield;when it is the gate of a city,the fine is one suit of armour.

[D141] “Unauthorizedly to perform irregular sacrifices is fined two suits of armour”. What is“irregular”? There exist,of course,sacrifices which the royal clan is warranted to perform, (but) unauthorizedly to possess altars for spirits is“irregular”:others are not.

[D142] “One must not venture to wear brocade shoes”.What is the form of brocade shoes? What the Statute means are shoes made of silk woven in different colours, (so that) the shoes are patterned;then they are“brocade shoes". Shoes with brocade side-pieces are not,but in the practice (of the courts) they are assimilated to them.

[D143]“For not coming to the assembly one is bastinadoed.If arrested before a full year is over,the bastinado is again applied for vagrancy”.Now the commoner A has not come to the assembly and (should be) given fifty strokes.He is caught before the year is over.Is it warranted to increase the bastinado or is it not warranted? It is warranted.

[D144] What is the meaning of“to evade service”as well as of“to fail in statutory labour”? What the statute means is,that when one is warranted (to perform) statutory labour,and the officials and the (Village) Chief have already ordered it,then to abscond and not to come to the assembly -- that is "to evade service".When the inspection has been held and when also the carts and food have been assembled,or when (the labourers are) on the march to the site of the statute labour -- then to abscond are all cases of "failing in statutory labour".

[D145] The woman A is somebody's wife;she leaves him and absconds. When she is caught as well as when she gives herself up, she is small, being not fully six feet (tall).Is she warranted to be sentenced or is she not warranted? In case …, she is warranted to be sentenced;in case not …,she is not warranted to be sentenced.

[D146] The woman A leaves her husband and absconds:the man B also un-authorizedly absconds.They become man and wife.A does not inform him of the circumstances;only after two years,when she has born children,she informs him of the circumstances.B thereupon does not repudiate her.They are caught. How are they to be sentenced? They warrant tattooing and being made a ch'eng-tan and a grain-pounder (respectively) .  

[D147] A marries a wife who had run away from another man,and makes her his wife;he is not aware that she had run away.He has children by her.Now she is caught.Question:where are their children to be placed? Are they warranted to be given back or to be confiscated by the government? Confiscation by the government is another matter.

[D148] "Repudiating one's wife and not reporting this in writing is fined two suits of armour." Is the repudiated wife also warranted to be sentenced or is she not warranted? She is fined two suits of armour.

[D149] "When the husband has committed a crime and his wife first denounces him,she is not to be confiscated." Are the slaves,clothes and vessels of her dowry warranted to be confiscated or are they not warranted? They are not warranted to be confiscated.

[D150] If a wife has committed a crime,for which she is arrested,are the slaves,clothes and vessels of her dowry warranted to be confiscated,or are these returned to her husband? To be returned to her husband.

[D151] When (children of) the same mother (but) of different fathers fornicate with each other,how are they to be sentenced?  By beheading.

[D152] A and B fornicate with the woman C;for this reason A and B stab and wound each other, (but) C is not aware of this.How is C to be sentenced? Do not sentence her.

[D153] When a slave rapes his owner,how is this to be sentenced? Comparable to beating one's owner.When in a fight one breaks the spine or the neck, how is this sentenced? Comparable to breaking a limb.

[D154] A woman is the wife of a bond-servant;she has children by him.Now the bond-servant dies.The woman turns her back on the children and considers them as not being the children of the bond-servant.Question:how is the woman to be sentenced? Some say she is to be tattooed on the forehead and the cheekbones and to be made a bond-woman;some (others) say that she is to be left intact.To leave her intact is fitting.

[D155] Carrying women in one's official carriage -- how is this sentenced? The fine is two suits of armour.To harness official horses to one's private carriage and to ride in it is not to be sentenced.

[D156] “When persons of vassal states are not satisfied with their lords and chiefs and wish to leave Hsia this is not to be permitted”.What is the meaning of“(to leave) Hsia”? Wishing to leave the Ch'in dependencies, that is the meaning of“(to leave) Hsia”.

[D157] When princes and leaders of genuine vassal states commit crimes that go so far as (warranting)shaving off the beard and higher,they must be made to redeem these.What is the meaning of“genuine”? Children born of a vassal state father and mother,as well as those born in another state,these are called“genuine”.What is the meaning of“Hsia child”? (Children born of) a vassal state father and a Ch'in mother are meant.

[D158] When strangers from the feudal lords come,the transverse bar and the yokes (of their carriages) must be singed with fire.Why are they singed? If the feudal lords do not treat the gadflies, the gadflies all attach themselves to the transverse bar and the yokes,to the neck.straps,the girth,the shafts (and) the belt;therefore they are singed.What is the meaning of“losing a tally with evil consequences”? To lose the right-hand part of a tally used for checking is“with evil consequences”.

[D159] When on a mission to the feudal lords or to the outer vassal states the state's men and the assisting officials do not come,…not to be adjudicated.What is the meaning of "the state's men" and“the assistant envoys”? Men and officials who accompany the mission and who are not private retainers,these are meant by "the state's men" and“the assisting envoys”.   

[D160] (A person or persons) who had absconded from the state (of Ch'in) come(s) to pass money,over ten thousand (cash) .When it has already been returned,he (or they) come(s) later to commit robbery and is (or are) caught.For what is he (or are they) to be sentenced? For passing money.

[D161] Being aware that somebody had been passing money,one hides it for him.When its owner has already fetched it,somebody afterwards denounces the person who had hidden it.Is the person who had hidden it to be sentenced or is he not to be sentenced? He is to be sentenced.

[D162] A falsely denounces B for having passed one cash,a crime (punishable by) being tattooed and made a ch'eng-tan.Question:are the members of A's household,the Chief and the Elders (of his village) warranted to be co-adjudicated or are they not warranted? They are not warranted.

[D163] When a stranger,before he has made a statement to the officials.trades with them,this is fined one suit of armour.What is the meaning of“making a statement to the officials”? To take one's credentials to the officials -- that is meant by“making a statement to the officials”.

[D164] When a descendant of the ruling house who does not possess aristocratic rank is warranted to redeem a mutilating punishment -- is it allowed to assimilate (his case) to that of a kung shih redeeming shaving off the beard? It is allowed to assimilate this thereto.

[D165] Crossing the wall which forms the border between one ward and another ward -- is this wall a yuan or is it not? Where lanes are confronted, that is a yuan;where houses are confronted,this is not a yuan.


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