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Remnants of Ch'in Law (15): Group D: Answers to questions (秦律答問) (2)
By Anonymous
2008-08-27 01:24:39
 

(Translated by A.F.P. Hulsewe)

[D41] "Those who praise the enemy in order to frighten the mind of the population will be dishonoured". What is "to dishonour"? To dishonour him when alive,and when the dishonouring is over,to cut him asunder -- that is what is meant.

[D42] “Those who stimulate the mind of the population, (so that) fame is spread right and left are rewarded”.The general deliberates whether to reward them with cash or with gold;there is no fixed amount.

[D43] “When there are 'thrown letters,' these are not to be opened;as soon as they are discovered,they are to be burned.Persons who are able to arrest (the person who threw the letter) are rewarded with two slaves.Detain the person who threw the letter,question him and report.”(What the statute means is:when the letter is discovered,whereas the person who threw  it is not caught,the letter is to be burned;it must not be opened.When the person who threw it is caught,the letter is not burned;he is to be questioned and reported -- that is what is meant.

[D44] What is“to forget an order of the Assistant (Prefect)?” This is (a case of) a rank holder counterfeiting his seal to be (that of) a Great Overseer.

[D45] How is“thievishly to seal (as) an Overseer” to be sentenced? (According to) the practice of the court this is considered as “counterfeiting a seal.”

[D46] “To open a counterfeit document and not to become aware (that it is counterfeit) is fined two suits of armour.” Now in Hsien-yang they open a counterfeit passport;not becoming aware (that it is counterfeit) ,they immediately seal it and transmit it to another prefecture,and this other prefecture also transmits it to the prefectures in succession.When (he) arrives at a pass he is caught.Now,is only (the authority in) Hsien-yang warranted to be adjudicated and fined for this,or are the other prefectures warranted to be all fined? Those in Hsien-yang as well as in the other pretectures who opened (the document) without becoming aware (that it was counter-feit) are all warranted being fined.

[D47] It is a Precedent of the Court that,when an official has been engaged in deceit and counterfeiting,and the fine is [one] shield or more,once the sentence has been executed,he is also to be (permanently) dismissed.

[D48] It is a Precedent of the Court that,when a preon has committed a crime warranting banishment and judgment has already been pronounced and orders have been given,but before he has been (made to) go he dies or absconds,the persons he had guaranteed are (still) warranted to proceed to the place of banishment.

[D49] How is an Overseer to be sentenced who does not apply himself to the business of his office,but to evil things? He is warranted to be banished.Is the wife of the exile warranted to be considered as“guaranteed”,or is she not warranted? She is not warranted to be considered as“guaranteed”.

[D50] (A person) is warranted to be banished.His wife has of her own accord denounced him earlier.She is (nevertheless) warranted to be considered as “guaranteed.”
  
[D51] Somebody leading a person who had been unpleasant in his village, to a superior,lets him go;how is he to be sentenced? He is warranted to be detained and to be put to work like the person whom he let go,pending the latter's arrest;in case he possesses aristocratic rank,he is to work in a government storehouse.

[D52] To admit …. (is punished by) redemption of shaving off the beard.Now one admits a person,but before this person has...., he is caught.How is he to be sentenced? He is to be excused.

[D53] When a thief-catcher pursues and arrests a malefactor,the malefactor beats the thief-catcher and kills him.Question:is the killer to be considered as having killed a person with murderous (intent) or as having killed him in a fight? It is killing a person in a fight,but the Precedents of the Court consider it as murderous (intent).

[D54] A plots to send B to rob and kill a person; as his share he receives ten cash. Question: B is not yet six feet tall; how is A to be sentenced? He is warranted to be executed and exposed.

[D55] A kills a person,but this is not discovered.Now,only when A has died of an illness and has already been buried,somebody belatedly denounces A.That A had killed a person is shown to be true.Question:is A warranted to be sentenced and are (the persons to be co-adjudicated) to be confiscated, or is this not warranted? The denunciation is not to be accepted.

[D56] Unauthorizedly to kill a child (is punished by) tattooing and being made a ch'eng-tan or a grain-pounder.When the child is newly born and has strange things on its body,as well when it is deformed,to kill it is not to be considered a crime.Now,when a child is born and the child's body is whole and there are no strange things -- merely for the reason that one has (too) many children and does not wish that it should live,and consequently not to lift it up,but to kill it,how is this to be sentenced? This is (a case of) killing a child.

[D57] The commoner A has no sons;he makes his younger brother's son his successor.Living together with him,he unauthorizedly kills him.This warrants beheading.

[D58] “When somebody unauthorizedly kills or mutilates or shaves his successor-son, this is to be reported.” What is the meaning of“successor-son”....his son,making him successor to the aristocratic rank,as well as the heirs-apparent established as successors by the princes or chiefs of states that are subject (of Ch'in),are all successor-sons.

[D59] When a person's slave unauthorizedly kills (his) child,he is to be made a ch'eng-tan and to be tattooed,(eventually) to be given (back) to his master.

[D60] “Slaves plot to kill their master”;what is the meaning of“to plot”? Wishing murderously to kill their master,but before having killed him they are caught,is (a case of) “to plot.”

[D61] Somebody kills himself.The inmates of his house do not report this to the officials, (but) immediately bury him.Question:the deceased has a wife and children;are they warranted to be arrested? To bury without reporting warrants a
fine of one suit of armour.

[D62] When a person's male or female slave beats a child and the child therefore sickens and dies,(the offender) is to be tattooed on the forehead and the cheekbones and to be given back to the master.When people fight and wound each other,are they both to be sentenced or not? They are both to be sentenced.

[D63] “Beating one's grand-parents (is punished by) tattooing and being made a ch'eng-tan,or a grain-pounder”. Now (someone) beats his great-grand-parents;how is this to be sentenced? Comparable to (beating) one's grand-parents.

[D64] His wife being obstreperous,the husband beats and bastinadoes her, tearing an ear or breaking a limb or fingers, or dislocating a joint.Question:how is the husband to be sentenced? He warrants shaving off the beard.

[D65] The Statute says:“When fighting to tear a person's ear (is punished by) shaving off the beard”.Now tearing the ear,this was never pierced and what was torn was not the place where an ear-pendant is inserted:how is (the ofiender) to be sentenced? What the Statute says is not that it must be the place where an ear-pendant is inserted (that has to be torn) for it to be considered“tearing”.To tear a man's or a woman's ear is both warranted (to be punished by) shaving off the beard.

[D66] Someone fights with another person;he binds him and completely pulls out his beard and his eyebrows.How is he to be sentenced? He warrants to be made an intact ch'eng-tan.

[D67] When pulling out a person's hair,how large is a t'i is more than a chih.

[D68] When during a fight someone bites off another Person's nose or ear or finger or lip, how is each (of these actions) to be sentenced? It is suggested that these all warrant shaving off the beard.

[D69] The commoner A in a fight drew his sword and struck,cutting off the other man's (hair) topknot.How is A to be sentenced? He is warranted to be left intact and to be made a ch'eng-tan.

[D70] When spears,halberds and lances (which all) have a sheath are drawn for fighting,without causing wounds,this is to be sentenced comparable to (drawing) a sword.

[D71] In a fight one uses a needle,a long needle (or) an awl;if the needle,the long needle (or) the awl wound people,how is each (of these cases) to be sentenced? (When this was done during an unpremeditated) fight, this warrants a fine of two suits of armour;when (with) murderous (intent),it warrants tattooing and being made a ch'eng-tan.

[D72] Someone fights with another person and tears his lip.How is he to be sentenced? Comparable to (causing) welts or bruises.

[D73] Someone in a fight bites the other person's cheekbone or face;the size (of the wound) is a square inch;its depth half an inch.How is he to be sentenced? Comparable to (causing) welts or bruises.

[D74] In a fight (someone) is beaten by another person;there are no welts nor bruises, but the attacker on the contrary broke his teeth. How are they to be sentenced? Each one is to be sentenced according to the statutes concerned.

[D75] "When foreigners and people from Ch'in fight using sharp weapons, quarterstaffs, sticks or fists, and they wound people, this is wiped off by means of (a payment in) cloth".What is the meaning of“wiped off"?  The wiping-off-cloth is paid to the authorities,like cloth (for the payment of) fines;when paying,one provides cash in accordance with the Statutes.

[D76] “To use a stick to wound people with murderous (intent)”.What is the meaning of“stick”? A stick is (a piece of) wood that can be used to strike.   

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