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Remnants of Ch'in Law (9): Group A: Statutes on Agriculture (5)
By Anonymous
2008-08-15 02:55:31
 

(Translated by A.F.P. Hulsewe)

[A65] Bond-servants and bond-women,and robber-guards of the ch'eng-tan and grainpounders,who work off fines,redemption fees or debts,and who are detained among the ch'eng-tan and grainpounders,must not be charged for clothing and food. Those who work together with the ch'eng-tan and grainpounders are to be clothed and fed like the ch'eng-tan and grainpounders.When a bond-servant has a wife and this wife performs turns of duty, as well as when he has a wife outside,he is to be charged for his clothing.When a person's male or female slaves are detained among the ch'eng-tan and grainpounders,they are to be loaned clothing and fed by the government. If they die before their time has been completed,their clothig and food are to be cancelled.    (Statutes concerning the Controller of Works)

[A66] For persons detained among the ch'eng-tan and grainpounders and receiving government food whilst making good their debts,the bushel is reckoned at thirty cash.    (Statutes concerning the Controller of Works)

[A67] Persons who work off fines,redemption fees or debts return (home) for agricultural work at the time of sowing and at the time of weeding,on both (occasions) two decades.  (Statutes concerning the Controller of Works)

[A68] Persons who have committed crimes and who therefore (have to pay) fines or redemption-fees,as well as those who have debts towards the government are to be asked on the day the order is given…. Those who are unable to pay or to refund are to work off (their obligations) as from the day the order is given.Per day they work off eight cash;those fed by the government work off six cash per day.For those who work off (their obligations) in government storehouses,and who are fed by the government,(the rations are) for men one third (of a tou for the morning meal and again for the evening meal);for women one quarter.As regards persons with the aristocratic rank of kung shih or less,who are working off the redemption of a mutilating punishmentll or the death penalty and who work this off among the ch'eng-tan and grainpounders,their clothes are not to be made red and they are not to be manacled or fettered.

Gatherers of firewood for the spirits and sifters of white rice,and persons under detention who have not had their beards shaved off,or people's slaves who work off redemption fees,fines or debts,who work these off among the ch'eng-tan, will all have their clothes made red and are to be manacled and fettered.The person who leads or supervises them and who lets them escape will have committed a crime.
 
(Persons with the status of) pao-tzu or higher who work off the redemption of a mutilating punishment or more,up to the redemption of the death (penalty),work these off in government storehouses;none of these must lead or supervise (other convict labourers).
 
In case persons have not been asked,but have been detained for a long time, the Great Overseer and the 0verseer of the office concerned will have committed a crime.
 
When it is desired to replace those who work off fines,redemption fees or debts,and the ages are equivalent,this is to be allowed.(Owners of) work-shops as well as traders who owe debts are not allowed replacement.

When in one household two persons or more are made to work off fines, redemption fees or debts and there is nobody to look after their household,one person is to be released;they should be made to work off (their obligations) in turn.

In case persons who work off fines,redemption fees or debts wish to borrow another person to work these off together,this is to be allowed,but (the other person) is not to be excused from statute labour or military service.
 
In all cases when persons are unable to provide their own clothing,they are to be clothed by the government;they are to be ordered to work off (the value of) these clothes according to the Statutes.If, before their term is complete,they want to pay cash in instalments,this is to be permited.Those who by means of days (of labour) equate a mutilating punishment,but who are unable to provide their own clothing and food,are also to be clothed and fed,but they are to be ordered to work these off.
 
When by working for a government office persons work off fines,redemp-tion fees or debts and they are distant from the office which keeps their accounts, (then) at the end of the eighth month the office which keeps their accounts is to be informed for each one about the days they have worked and the number of clothes (issued to them);one must not let the ninth month pass before the finalized accounts have reached the office concerned.When offices are close to each other, the office which keeps their accounts  is to be informed at the end of the ninth month;these (figures) should be accounted for the year in which they worked.
 
When commoners have fines,redemption fees or debts,and they have a male or female slave,or they have a horse or an ox,with which they wish to work off (their obligations),this is to be permitted.(Statutes concerning the Controller of Works)

[A69] Do not place (persons who) work off fines,redemption fees or debts in charge of ch'eng-tan and grainpounders.If there are not sufficient ch'eng-tan robber-guards to lead them, then order bond-servants or bond-women to lead them.As regards persons who work off fines,redemption fees or debts who are warranted to work together with ch'eng-tan and grainpounders,as well as ch'eng-tan enrolled as strong ch'eng-tan and grainpounders warranted to be led and supervised,twenty persons are led by one ch'eng-tan robberguard.If (the number of) robber-guards is insufficient,dismiss ch'eng-tan who have laboured for three years or more and make them ch'eng-tan robber-guards.    (Statutes concerning the Controller of Works)

[A70] Ch'eng-tan and grainpounders are to be dressed in red clothes and to wear red head-cloths;they are to be manacled and fettered.Capable ch'eng-tan are not to lead or supervise (others);those who have been nomnated to lead and supervise,lead and supervise them.Grainpounders and ch'eng-tan who are going out for statute labour must not venture to go to the market as well as to remain outside the outer gate of the building.In case they would be obliged to pass through the market,they are to make a detour;they must not pass through.When ch'eng-tan or grainpounders break pottery vessels or iron tools,or wooden tools,or when making carts they break wheel rims,they are to be bastinadoed immediately ten strokes or the value of one cash;if the value is twenty cash or more, they are to be thoroughly beaten.The tool (or vessel) is to be written off. If they are not immediately beaten,the official in charge is to be charged with half (the value).(Statutes concerning the Controller of Works)

[A71] Robber-guards should not be used as servants or cooks; they guard government storehouses as well as being appointed for tasks. In case superiers order that they be appointed (as servants or cooks), one should be sure to request this again. (Statutes concerning the Controller of Works)

[A72] Commoners who have a mother or a sister who are bond-women,and (these commoners) are not being punished for a crime,whereas they wish to be assigned to the frontier for five years without remuneration for the days they have been levied, in order to flee one person to become a commoner,this is to be permitted.If someone for the redemption of banishment wishes to pay money, this is eight cash per day.  (Statutes concerning the Controller of Works)

[A73] When prefectural or general offices use posts and boards for making flames and planks,as well as…, posts for suspending bells,they use the transverse beam,and none of these withstand the charge and break,as well as when the shafts of carts are unable to withstand the charge and break above the curve,these (objects) are to be considered as“used” and to be written off. (Statutes concerning the Controller of Works)

[A74] When government storehouses 10 and government carts and oxen...In case the borrower perhaps privately uses the government carts and oxen,as well as when the borrower does not feed the oxen well, and the oxen grow thin;if he does not repair the cart,if the cart is neglected,if the cart’s shafts are crooked,as well as when the cart has not been covered, or if the carriage's hood or canopy have been violently broken or torn,the person in charge of the carriage as well as the officiaI (and) the head of the Office will have committed a crime.    (Statutes concerning the Controller of Works)

[A75] It is permitted that office chiefs as well as officials use government carriages and oxen to draw their monthly food (allowance) as well as the rations for government oxen and carriage horses.Offices which have ready cash take care themselves of buying grease and glue.Those who have no readv cash will monthly ask for grease and glue,so that it suffices for the period.They undertake iron work in order to repair government carts.(Statutes concerning the Controller of Works)

[A76] For one lubrication when repairing one cart use one ounce ot glue and two ch'ui of grease.When repairing (pieces which have) fallen apart,the glue is divided acording to their number. In this way, the cart will not (move with) difficulty; it is to be greased according to the circumstances.    (Statutes concerning the Controller of Works)

[A77] Let the prefectural and the general offices select willows as well as (other) wood that is soft and can be used for writing,and make it square in order to write on it;when there are no square (pieces),use“boards”.In prefectures where there are many sedges in the hills,write on sedge tied together;where there is no sedge,use rushes,stitched together with hemp.All these should be piled up when there are many to be harvested.(Statutes concerning the Controller of Works)

[A78] [Strip 133 is a fragment of c.5.5 cm., forming the lower end of a strip and only containing the words "Controller of Works."  ]

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