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Remnants of Ch'in Law (17): Group D: Answers to questions (秦律答問) (4)
By Anonymous
2008-09-03 02:55:04
 

(Translated by A.F.P. Hulsewe)

[D101] (The statute says):“When a leper commits a crime,he is to be…killed alive.” What is“killing alive”? He is to be killed alive in the water;that is what is meant. Some say that he is to be buried alive, (but) to bury him alive is another matter.

 

[D102] A has committed a crime punishable by remaining intact and being made a ch'eng-tan. Before his case has been decided,A (proves to be) a leper.Question:how is A to be sentenced? He is warranted to be banished to the lepers’place and made to live there.Some say:he is warranted to be banished to the lepers’place to be killed by drowning.

 

[D103] When ch'eng-tan and kuei-hsin are lepers, how are they to be sentenced? They are warranted to be banished to the lepers' place of banishment.

 

[D104] When arresting (a person guilty of) a crime (warranting) a fine,one stabs and kills him on purpose with a sword or with a sharp weapon.How is he to be sentenced? If he killed him, he is to be left intact and made a ch'eng-tan;if he wounded him,he is to have his beard shaved off and made a li-ch'en.

 

[D105] (A person) leads and* supervises (incarcerated) people,and they abscond.If he personally is able to arrest them,as well as if his relatives (or) his friends arrest them for him,he is let off and not punished;those already mutilated are placed in the Hidden Office.For which punishments is it allowed to place (people) in the Hidden Office? When robbers in a band,who have been amnestied and made commoners, lead manacled incarcerated convicts who have been robbers and who have been (punished by) mutilations or more,and these abscond,(the men who lead them) are sentenced for their former crime:they have their left foot cut off and are made ch'eng-tan.Later, they personally arrest those whom they had let escape.This is meant by“being placed in the Hidden Offices”.Other crimes,comparable to“robbery in a band”are all (treated) 1ike this.  

 

[D106] The Grandee A leads kuei-hsin,and the kuei-hsin abscond.Question:how is A to be sentenced? He is warranted (to be made) to work in a govern-ment storehouse until those who had absconded have been caught.Now A is working (in a government storehouse) and again (they) leave and abscond,to be caught within a month;how is he to be sentenced? He is warranted to be fined one shield,and (to be made) again to work (in a government storehouse). He is working (in a government storehouse) and again they abscond,to be caught within a year.How is he to be sentenced? He is warranted to have his beard shaved off.

 

[D107] When transporting food,one loses more than one kuei-hsin outside. How is this to be sentenced? Do not sentence this …

 

[D108] When arresting persons who have absconded and these persons carry money, (the men who) make the arrest are allowed to take the money.” They are allowed to take the money,if the arrested persons are warranted to be punished by shaving off the beard and more severely.

 

[D109] When (persons) abscond carrying (the tools or arms that had been lent (to them) ,and they are caught,as well when they give themslves up,(is their crime) warranted to be considered as robbery,or is It not warranted? If they give themselves up,they are to be sentenced for absconding. If they are caught,they are to be adjudicated for the illegal profit;it is a case of robbery.In case the punishment for robbery would be lighter than that for absconding,they are to be sentenced for absconding.

 

[D110] Li-ch'en and li-ch'ieh,detained among the ch'eng-tan and the grain-pounders,who abscond and who have already run away,but who give them-selves up before having been sentenced, are warranted to be bastinadoed with fifty strokes; they have to fulfil their days of detention.

 

[D111] When disabled persons who guard a government storehouse abscond and are caught,is it allowed (to punish them in a manner) comparable to persons disabled in the government service or is it not allowed? It is allowed (to punish them) comparably to these.

 

 [D112] A denounces B for having wounded a person with murderous intent; the interrogation (shows) that B killed a person with murderous intent; it was not so that he wounded him.A warrants a reward;how large should the reward be? He is warranted to be rewarded with two ounces.

 

[S113] How large is the reward for arresting an intact ch'eng-tan who had absconded? This warrants a reward of two ounces.

 

[D114] A husband,his wife and his children,(in all) five persons,together commit robbery;they are warranted to suffer mutilation and be made ch'eng-tan. Now A arrests them all and denounces them.Question:with how much is A warranted to be rewarded? Per person a reward of two ounces.

 

[D115] A husband,his wife and his children,(in all) ten persons,together commit robbery;they are warranted to suffer mutilation and be made ch’eng tan,(but) they abscond.Now A arrests and catches eight of them.Question:with how much is A warranted to be rewarded? He is warranted to be rewarded with two ounces per person.

 

[D116] A arrests B and denounces him for having fraudulently copied the seal of an Assistant (Prefect) and having absconded with it. The interrogation (shows) difrerent dates for the abscondence;the rest was as A (had said). B has alreadv been sentenced to have his beard shaved off.Question:is A warranted to be rewarded or is he not warranted? He is not warranted (to be rewarded).

 

[D117] A rank-holding official arrests (a) person(s) who had unauthorizedly absconded:he presents him (them) to B,ordering him to proceed (to a government office) and agreeing with him to divide the reward. Question:how are the official and B to be sentenced? They are warranted to be fined two suits of armour each; they are not to be rewarded.

 

[D118]“(When persons have been arrested) for thievishly taking pearls and jade outside the passesa of the state as well as selling these to strangers the pearls and jade are sent to the Minister of Finance;the Minister of Finance deliberates on the bestowal of a reward.” By what means are (the persons who made the arrest) to be rewarded? If a crime punishable by shaving off the beard is concerned,the reward is like that for arresting men guilty of other crimes; if the punishment is a fine,there is no reward.

 

[D119] Somebody arrests a slave-woman (belonging to) another person,and denounces her for having stolen 110 cash.Question:does the owner reward him or does the government reward him? The government rewards him.

 

[D120] What is“to transgress the Ordinances”,and“to set aside the Or-dinances”? What the Statute means is that when an Ordinance says:“do not do this”and yet to do It -- that is what is meant by“to transgress the Or-dinances”.When an Ordinance says“do this",then not to do it -- this is what is meant by “to set aside the Ordinances".It is the practice of the court that both are sentenced as“transgressing the Ordinances".

 

[D121] Are (officials),who have been dismissed or transferred,pursued for having set aside or transgressed the Ordinances? Pursue them.

 

[D122] How are (clerical) Assistants who have been appointed by a Com-mandery or a Prefecture and who serve in another Commandery or Pre-fecture,but who do not perform their tasks,to be sentenced? They are to be sentenced for minor transgressions of the Ordinances.

 

[D123] (An official) recommends and guarantees a person (to be appointed) as Assistant (Prefect) .Later,when (this) Assistant (Prefect) has been dismissed, (the official) becomes Prefect. Now the person he had orginally re-commended and guaranteed commits a crime.Is the Prefect warranted to be dismissed or is he not warranted? He is not warranted to be dismissed.

 

[D124] When (an official) loses documents,tallies,official seals or balance weights,and he has already been adjudicated and sentenced,but later he personally finds what he has lost. Is the sentence warranted to be repealed or is it not warranted? It is not warranted.

 

[D125] A moves his residence.He requests the official to transfer the (popula-tion) register,but the official refuses and does not change the register for him.Now A commits a crime (punishable by) shaving off the beard or by a fine.Question:how is the official to be sentenced? (For a crime punished by) shaving off the beard or more heavily,he is warranted to be fined two suits of armour.

 

[D126]“When the common people have debts,one should not venture un-amhorizedly to extort pledges.The unauthorized extortion of pledges,as well as accepting pledges with mutual consent are both fined with two suits of armour. It is the practice of the court that he who extorts a pledge from anotner person is sentenced;he who gives the pledge is not sentenced.In case of accepting a pledge with mutual consent,the person who gives the pledge is (also) sentenced.

 

[D127] When in offices (concerned with grain) storage the door-bar is not tight,admitting fingers or a scoop,it is the practice of the court that this is fined with one suit of armour.

 

[D128] When the wings of the door(s) of an office (concerned with grain) storage are not tight,so that the grain can escape, it is the practice of the court that this is fined with one suit of armour.

 

[D129] In an empty granary there is matting;when underneath the matting there is one bushel or more of grain,it is the practice of the court that this is fined with one suit of armour,and that the Prefectural Clerk who supervises (this granary is fined) one shield.

   

[D130] How many rat holes in a granary warrant sentencing or berating? It is the practice of the court that for three or more rat holes the fine is one shield and that for two or less (the responsible official) is berated.Three mouse holes are equivalent to one rat hole.

 

[D131] Certain issues are to be made in beans or barley;although warranted to be issued, they are not issued, but grain is issued as an equivalent of beans or barley.The price of beans and barley is low and that of grain is high;how is this to be sentenced? This warrants a fine of one suit of armour.


 
When there happens to be an amnesty and (a culprit),not yet sentenced,escapes, to be caught six months after the expiration of the amnesty,he is warranted to have his beard shaved off.

 

[D132] When for officials there exist reasons why their food (rations) should be stopped,but these are not stopped,and the full rations are issued -- how is this to be sentenced? (The official) is warranted to be adjudicated for what was issued in excess,as being a case of theft.

 

[D133] When an official works in a government storehouse,is he warranted to be co-adjudicated for (crimes committed by) members of his group of five? He is not warranted (to be co-adjudicated) .

 

[D134] Are Grandees,being few, warranted to be incorporated into a group of five…other people,or are they not warranted? They are not warranted.

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