A version of this article was presented in absentia at the annual meeting of the Association for Asian Studies, in Boston, on 12 April 1987. The article was submitted in final form on 18 December 1987.

1. See the brief survey Wen-hu 1985.1:8Google Scholar.

2. Tso chuan, Hsi 24 and Wen 18; Classics 15.9a (0603) and 20.7b (0832)Google Scholar; Couvreur, tr., vol. 1, pp. 356, 554. Also Hsün-tzu, ch. 2, “Hsiu-shen” , CTCC, vol. 2, p. 14Google Scholar; Dubs, H. H., The Works of Hsüntze (London: Probsthain, 1928), p. 46Google Scholar.

3. Fu-pao, Ting, Shuo-nen chieh-tzu ku-lin (1st ed. 1931; reprint in 17 vols., Taiwan Commercial Press, 1976), vol. 9, p. 3903aGoogle Scholar.

4. Ku-liang chuan, Ting 8; Classics 19.6b (0438)Google Scholar.

5. Ch'ü fei ch'i wu wei chih tao ; CS 30.15bGoogle Scholar; Uchida, p. 129. This definition is found in the A.D. 269 memorial with which Chang Fei presented the new statutes of Wei to the throne; it is to be noted that this collection consisted basically of the Han code. For instead of the current see Uchida, p. 129, n. 2. See also Wallacker, Benjamin E., “Chang Fei's Preface to the Chin code,” T'oung Pao 72 (1986), p. 242CrossRefGoogle Scholar.

6. RCL, p. 125, D 17; SS, p. 159. The rendering “foster-father” for chia fu is provisional; “stepfather” seems unlikely. “Adoptive father” is a possibility, but the modalities of adoption are unknown.

7. For “receiving,” see below, p. 171.

8. See RHL I, p. 178Google Scholar, and RCL, p. 121, n. 7; Wallacker, , “Chang Fei's Preface,” p. 242Google Scholar.

9. RCL, pp. 129–130, D 27 and 28; SS, pp. 165–166.

10. Lu yüeh tsang kuan-wu fei lu che i shih-yüeh p'ing-chia chi . Lao Kan, p. 126, no. 5995 (380) 4.1Google Scholar; Chia-pien, transcription p. 2, no. 11.

11. The multiples of eleven are probably connected with the value of eleven cash for the curious medium of exchange under the Ch'in, viz. the “cloth,” pu , for which see RCL, p. 52, A 43 and 44; SS, p. 56. Although under the Han this medium seems to have no longer been used, a strip of the first century B.C. found in the Tun-huang area reads “[the booty] was ful ly 220 cash”; see Chavannes, , Stein, p. 49, no. 273Google Scholar, T.vi.b.142. Other Han indications of value are in fifties and hundreds: “more than 250,“ “more than 500”; see HS 156.19b, 17.16b, 78.8aGoogle Scholar.

12. RCL, pp. 122, 129, 130; D 6, 27, 28; SS, pp. 154, 165, 166. In the Han period the hard labor would have been for 3 or, in a given case, 5 years. but for the Ch'in the duration of these punishments is unknown; see RCL, pp. 16ff. Many Chinese and Japanese scholars believe that under the Ch'in and during the early decades of the Han all condemnations to hard labor were for life. For the clearest expression of this view see Akira, Momiyama, “Shin no reizoku mibun to sono kigen--reishinshō mondai ni yosete” , in Shirin 65 (1982)Google Scholar. The theoretical 11st of values of the booty and the corresponding punishments by Tomiya is wholly speculative; see Itaru, Tomiya, “Renzasei to sono shūhen” , in Minao, Hayashi, ed., Sengoku jidai shutsudo bunbutsu no kenkyū . (Kyoto: Jinbunkagaku kenkyūjo, 1985), p. 525, n. 13Google Scholar.

13. Hung-fu, Li, “Chiang-su Lien-yün-kang shih Hua-kuo-shan ch'u-t'u ti Han-tai chien-tu” , in K'ao-ku 1982.5:477Google Scholar. This is evidently a routine report to a superior authority, as Indicated by a strip from Chü-yen which mentions that “the lawsuits of the 4th month have been copied and forwarded”; see Lao Kan, p. 99, no. 4791 (95.04). The report is perhaps connected with another document found there, which records the transfer of men to the office of the Grand Administrator. The area of present-day Lien-yün-kang (near the silted-up port of Hai-chou) is probably identical with the Han time Ch'ü Prefecture in Tung-hai commandery; see HS 28Aiii.10a and HHS Treatise 21.16a.

14. HHS Memoir 36.11b.

15. See RCL, pp. 120, 153, 155, 190; D 1, 94, 105, E 12; SS, pp. 150, 200, 205, 255. It is unknown whether in the third century B.C. the connection between banditry and popular upheavals was clearly realized, but from the Shih chi (SC 6.75Google Scholar, Mh II, p. 205Google Scholar) it would appear that the Second Emperor's ministers did realize the danger. However, Ssu-ma Ch'ien, writing more than a century later, may have applied hindsight when composing their speeches, of which, of course, no records existed. Still, it does not fol low that the authors of the Ch'in code many decades earlier also shared these views. In 99 B.C. the relation would have been quite clear to the administration because these “robber bands” now adopted slogans and titles, a sure sign of a popular revolt. But, as far as I am aware, only at the beginning of the second century did a statesman explicitly state that the logical sequel to widespread banditry was popular uprisings; see MMS Memoir 36.11b.

16. See RCL, p. 121, n. 5.

17. E.g., tao ch'u ya and 171 and tao hsi feng ; see pp. 171 and 172.

18. RCL, p. 63, A 64, strip 119; SS, p. 76.

19. RCL, p. 189, E 9; SS, p. 252.

20. RCL, pp. 135, 159, D 45 and 116; SS, pp. 175, 209.

21. RCL, p. 159, D 118; SS, p. 211.

22. HS 17.17bGoogle Scholar; SC 20.29Google Scholar, Mh III, p. 166, no. 49Google Scholar; see also Wilbur, , Slavery, p. 394, no. 86Google Scholar. The illegal profit being so large, the crime was considered as pu tao, “impious,“ for which see RHL I, pp. 178ffGoogle Scholar.

23. HHS, Memoir 31.10b.

24. HHS, Memoir 21.15b.

25. Hsü Chiu , noble (hou ) of Sung-tzu . HS 16.40aGoogle Scholar; SC 18.97Google Scholar, Mh III, p. 140, no. 100Google Scholar. As no further information is available on these “forbidden goods,” chin wu , their nature remains unknown. One possibility for solving the difficulty would be to assume that also during the Han period the character mai (third tone), “to buy,“ was used for mai (fourth tone), “to sell,” as frequently observed in the Ch'in laws; see e.g., RCL, pp. 53, 108, 126, 153, A 46, C 8, D 20, 96; SS, pp. 57, 133, 160, 202. The forbidden goods would then have been goods whose sale to the Hsiung-nu was prohibited, like young and big horsest and crossbows and their trigger mechanisms; see HS 5.6b and 7.4aGoogle Scholar; HFHD I, p. 321Google Scholar, and II, p. 159 and n. 4.1. Because trigger mechanisms were quite small, they might have been easy to smuggle.

26. Attributed to Liu Hsiang (79–8 B.C.) in HS 36.24bGoogle Scholar, but the present text is most unreliable. It is inaccessible to me; I follow the quotation in Shen, , HLCI 13.16bGoogle Scholar.

27. See, e.g., the Chiu-chang suan-shu (Shanghai: Commercial Press, Ts'ung--shu chi-ch'eng ed., 1936), pp. 38, 99, 109Google Scholar; Vogel, Kurt, Neun Bücher arithmetischer Technik. Ostwalds Klassiker der exakten Wissenschaften (Braunschweig: Vieweg, 1968), pp. 28, 63, 69Google Scholar.

28. P'an-yü was taken by the Chinese in the winter of 112–111 B.C.; see HS 6.22bGoogle Scholar; HFHD II, p. 82Google Scholar. The Ch'in never took it.

29. These products are listed in SC 129.4 and 26Google Scholar; Swann, N. L., Food and Money in Ancient China (Princeton: Princeton University Press, 1950), pp. 420, 446Google Scholar; Watson, , Records II, pp. 447, 489Google Scholar. See also HS 28Bii.67b–68a; and HHS, Memoir 21.15a.

30. RCL, p. 162, D 127, 128; SS, p. 215. The spilling of grain inside the store as well as the presence of rats and mice was also punished; see RCL, pp. 162–163, D 129, 130; SS, pp. 215–216.

31. RCL, p. 163, D 132; SS, p. 217. See also RCL, p.43, A 31; SS, p. 46, an article in the Statute on Granaries, for an attempt to prevent the double issue of rations.

32. RCL, p. 108, C 8; SS, pp. 133–134.

33. RCL, p. 18. This use of tzu seems to be particular for Ch'in law; in Han times fines were called fa chin ; see RHL I, pp. 124ffGoogle Scholar.

34. Shu . As shown by Tetsuji's, Morohashi dictionary Dai Kan Wa jiten , vol. 5, p. 4Google Scholar, all ancient authors agree that the single word shu meant service in the frontier defense lines.

35. Yen-t'ieh lun (The Discussions on Salt and Iron), ch. 55, “Hslng te” , CTCC vol. 7, p. 56Google Scholar.

36. Liu Sui , noble of P'-ing . HS 15A.27aGoogle Scholar (the crime is not mentioned in SC 21.24Google Scholar). That he was condemned to hard labor is shown by the remark that 1n spite of an amnesty he was still obliged to work off the full term of his punishment, though no longer 1n chains and the red convict's garb; this 1s implied by the term fu tso , explained in RHL I, pp. 240ffGoogle Scholar.

37. RCl, p. 129, D 26; SS, p. 165.

38. RCL, p.157, D 107; SS, p. 206. For lending tools etc.» see RCL, pp. 59–60, A 56–57, Statutes on Artisans, SS, pp. 71–73. The punishment was to be commensurate with the value of the tools or arms, whereas the punishment for absconding was calculated according to the number of days of the runaway's absence; see RCL, p. 187, E 6; SS, p. 278.

39. RCL, p. 123 f., D 8 f.; SS, p. 154 f. In D 13 and 14 the thief puts Ms booty in ch'i so , “his wife's place.” This does not imply that husband and wife each had a “place” of their own, with all the conclusions the legalistic mind might be induced to draw. So here means “whereabouts,” a vague term, like so after figures, meaning “about.” The use of so following a name or a title is quite ancient, for it is already found in the Book of Odes, ode 78, “T'ai-shu yü t'ien” , where the hunter presents a tiger yü kung-so , “at the “lord's, ‘place’”; see Karlgren, B., The Book of Odes, p. 53Google Scholar. The thesaurus, P'ei-wen yün-fu (Taiwan Commercial Press, 7–vol. ed. 1966), vol. 3, p. 1643Google Scholar, has many other examples, such as wang-so , chün-so , etc. The very combination ch'i-so is also found in a Later Han document, which I translated in “A lawsuit of A.D. 28,” in Bauer, W., ed., Studia Sino-mongolica: Festschrift für Herbert Franke (Wiesbaden: Steiner, 1979), pp. 27, 28, strips 14 and 25Google Scholar.

40. HS 97A.21bGoogle Scholar. The king of Ch'ang-i was installed in 97 B.C. (HS 6.35aGoogle Scholar; HFHD II, p. 109Google Scholar; HS 14.21aGoogle Scholar). Between this date and emperor Wu's death the emperor visited Kan-ch'üan in, 94, 89, 88 and 87 B.C.; see HS 6.36a, 38a, 38b, 39aGoogle Scholar; HFHD II, pp. 111, 117, 118, 119Google Scholar.

41. RCL, p.127, D 21; SS, pp. 161ff. The punishment indicated by the text is “shaving off the beard,” which implies hard labor (see RCL, pp. 15ff.). The editors of SS suggest that the culprit may have been condemned to labor as a bond-servant; during the Han this was for a period of three years, but for the Ch'in the length of the term is unknown; cf. n. 12 above.

42. RCL, p. 122, D 6; SS, p. 154.

43. RCL, p. 128, D 23; SS, p. 163.

44. HS 50.3bGoogle Scholar; SC 102.9Google Scholar; Watson, , Records I, p. 537Google Scholar. The function of ment of the Commandant of Justice in question, Chang Shih-chih to 177 B.C., but, as pointed out in the pu-chu commentary, this date is hardly possible; a time around 160 B.C. for both the appointment and the incident is more likely.

45. Shang shu, “Wei-tzu,” Classics 10.10b (0352)Google Scholar. Shen, , HLCI 2.1bGoogle Scholar, suggests that this was not a Han but a Wei law.

46. Tu tuan (The Solitary Decisions), p. 1a or 1b, depending on the edition of the Han Wei ts'ung-shu. The passage is quoted by P'ei Yin (fl. 465–472) in his chi-chieh commentary in SC 9.36Google Scholar (not quoted in HS 40.24aGoogle Scholar).

47. The functionary in question was Jen Kung , noble of I-yang ; HS 17.27a, 19B.32b, 79.7aGoogle Scholar. He did not lose his fief, which on his death was, according to custom, inherited by his son. A similar theft occurred in 116 B.C., when “people had thievishly dug up money buried in the mausoleum park of emperor Wen,” but no further details are available, because the incident is only mentioned in passing; HS 59.5bGoogle Scholar; SC 122.22Google Scholar; Watson, , Records II, p. 434Google Scholar.

48. This is a quotation from the lost San-fu chiu-shih in the encyclopedia T'ai-p'ing yü-lan 954.4aGoogle Scholar. It is to be noted that the TPYL of 983 does not quote pre-T'eng literature from the original works but from quotations in the sixth and early seventh-century encyclopedias; see Som, Tjan Tjoe, Po-hu t'ung, vol. I (Leiden: Brill, 1949), pp. 60–61Google Scholar.

49. For this park, see Hervouet, Yves, Un poète de cour sous les Han: Sseu-ma Siang-jou (Paris: Presses universitaires de France, 1964), pp. 222–223Google Scholar.

50. Chang She (SC Chih ), noble of An-ch'iu . HS 16.43aGoogle Scholar; SC 18.85Google Scholar; Mh III, p. 136, no. 69Google Scholar; see also RHL I, p. 130Google Scholar. Shen, , HLCI 2.3aGoogle Scholar, remarks that Chang She must only have “plotted” to steal deer without success, so that he was punished for gambling. Two reasons may be adduced for the severity of the punishment: trespass into a forbidden area, and, perhaps, gambling during a period when such amusements were forbidden, e.g., during mourning, as is shown by other examples.

51. Such shrines had been erected all over the empire; see HS 73.9bGoogle Scholar; cf. HFHD II, pp. 289ff.Google Scholar; and Loewe, Michael, Crisis and Conflict in Han China (London: Allen and Unwin, 1974), pp. 179ffGoogle Scholar.

52. SC 11.9, 17.47, 59.5Google Scholar; Mh II, 503Google Scholar, III, p. 101, xvi, no. 2; Watson, , Records I, p. 451Google Scholar; HS 5.6aGoogle Scholar; HFHD I, p. 319Google Scholar; HS 14.17aGoogle Scholar, 53.3b.

53. For Li Ts'ai: SC 20.11, 22.24Google Scholar; Mh III, p. 178, no. 171, p. 198Google Scholar; HS 6.16bGoogle Scholar; HFHD II, p. 66Google Scholar; HS 17.9a, 19B.18b, 54.9aGoogle Scholar. For Li, Hsin-ch'eng: SC 18.114Google Scholar; Mh III, p. 143, no. 128Google Scholar; HS 16.56b, 19B.18bGoogle Scholar; see also RHL I, p. 186, no. 6Google Scholar.

54. A work of which only isolated passages survive. These have Deen collected in Shen, HLCI 22.4a–5bGoogle Scholar, and in Shu-te, Ch'eng, Chiu-ch'ao lü-k'ao (Shanghai: Commercial Press, 1927; reprinted later), vol. I, 7.2–4Google Scholar.

55. Quoted by Shen, HLCI, and Ch'eng, Chiu-ch'ao lü-k'ao, from the eighth-century encyclopedia, Po shih liu t'ieh , ch. 91.

56. These walls were pierced by four gates, each gate being under the charge of a major, hence the name; see P'ei Yin's commentary in SC 7.22Google Scholar; Mh II, p. 268Google Scholar, n. 4 (cf. HS 31.15aGoogle Scholar). See also Bielenstein, , Bureaucracy, pp. 31ffGoogle Scholar.

57. According to Tung Chung-shu, apud Shen and Ch'eng.

58. See HS 1B.12bGoogle Scholar; HFHD I, p. 118Google Scholar; and Tsung-hsiang, Chang, ed., San-fu huang-t'u (Shanghai, 1958), p. 14Google Scholar.

59. See K'ao-ku 1978.4:261–269Google Scholar.

60. HS 10.7b, 10a, 12b, 12.6bGoogle Scholar; HFHD II, pp. 391, 399, 407Google Scholar; III, p. 77. See also Hung, Yang in Wen-wu 1982.2:78Google Scholar and Chih, Ch'en, Han shu hsin-cheng (Tientsin: Jen-min ch'u-pan-shet 1979), p. 110Google Scholar.

61. According to Tung Chung-shu, apud Shen and Ch'eng.

62. See the remarks on landownership in my “The Influence of the ‘Legalist’ Government of Qin on the Economy as Reflected in the Texts Discovered in Yunmeng County,” in Schram, S. R., ed. The Scope of State Power in China (Hongkong: Chinese University Press, 1985), pp. 215–218Google Scholar.

63. RCL, p. 164, D 136; SS, p. 178. Border marks were small mounds of earth, less than one meter high; see RCL, p. 212. A curious feature of the Ch'in punishments was the condemnation to redeem a certain punishment, which was therefore equivalent to a fine. Other articles show that in case the defendant was unable to pay he did not have to suffer the punishment he could not redeem, but was made to work off his debt at the rate of six or eight cash per day in the company of men condemned to actual hard labor; see RCL, p. 8, 67–68, A 68; SS, p. 84. For “shaving off the beard” implying hard labor, see n. 41 above.

64. HS 81. 11aGoogle Scholar.

65. See p. 181.

66. Shen, , HLCI 2.7aGoogle Scholar.

67. HHS, Annals IB.12b; Memoir 12.8a–b.

68. CS, 30.10bGoogle Scholar, 11a, 11b; Uchida, pp. 99, 104, 105. This document is the Preatory Synopsis of the New Statutes (of Wei), (Wei) hsin-lü hsü-lüeh , which the bibliographical chapters of the Sui and T'ang histories attributes to a certain Liu Sho (or or ); see Chen-tsung, Yao, Sui shu ching-chi-chih k'ao cheng , in Erh-shih-wu shih pu-pien IV, p. 5336Google Scholar.

69. For the technical meaning of tsei , “with murderous intent,” see RHL I, pp. 253ffGoogle Scholar.

70. Shen, , HLCI 1.4b and 2.15bGoogle Scholar, followed by Uchida, p. 136.

71. TLSI, ch. 28, pu wang , “arresting fugitives”; vol. 4, p. 59.

72. It should be remembered that under the Han, unlike later periods, there did not exist an essential difference between lü, statutes, and ling, ordinances, because these two terms did not yet refer to penal law on the one hand and to administrative rules on the other. It has been suggested that ancient rules were cal led statutes, whereas new regulations were known as ordinances; see RHL I, pp. 31ffGoogle Scholar.

73. HS 5.3a–bGoogle Scholar; HFHD I, pp. 311–312Google Scholar; not in SC 11.

74. Shen-t'u Yü , noble of Ch'ing-an . HS 16.19a, 42.8aGoogle Scholar; SC 19.34Google Scholar; Mh III, p. 153, no. 6Google Scholar; SC 96.16Google Scholar; Watson, , Records I, p. 267Google Scholar.

75. In his commentary to the Kung-yang exegesis of the Spring and Autumn Annals, Hsüan 1, Ch'un-ch'iu Kung-yang chuan chu suClassics 15.3a (0447)Google Scholar.

76. See Chavannes, , Stein, p. 109, no. 494Google Scholar, T.xv.a.ii.39, reproduced with one correction in Lao Kan, p. 229. See also RHL I, p. 257, bGoogle Scholar.

77. For this particular use of wei , see RCL, p. 124, D 13, n. 5.

78. Chu wei jen ch'ing ch'iu li yi wang fa erh shih chi hsing wei t'ing hsing che cheih wei ssu-k'ou ; HS 18.13aGoogle Scholar. Being a robber guard meant two years' hard labor.

79. Wei Ch'ih , noble of Lo-ch'eng (SC p'ing) (SC ). HS 16.64aGoogle Scholar; SC 19.13Google Scholar; Mh III, p. 152, no. 29Google Scholar.

80. Hua Tang , noble of Ch'ao-yang . HS 16.36bGoogle Scholar; SC 18.69Google Scholar; Mh III, p. 141, no. 110Google Scholar.

81. Liu Shou , noble of Shen-yu . HS 15A.7b, 19B. 18bGoogle Scholar; SC 19.36Google Scholar; Mh III, p. 157, no. 25Google Scholar.

82. For this post see Bielenstein, , Bureaucracy, p. 25Google Scholar.

83. HS 8.8aGoogle Scholar; HFHD II, p. 218Google Scholar; HS 18.13aGoogle Scholar; SC 20.43Google Scholar (added in the first century B.C. by Ch'u Shao-sun ).

84. For Liu Yen-shou see HS 8.7a, 8aGoogle Scholar; HFHD II, pp. 216, 218Google Scholar; HS 14.15b, 18.13a, 36.3b–4aGoogle Scholar; SC 20.43Google Scholar (SC 50.5Google Scholar is wrongt and as a result also Watson, , Records I, p. 397Google Scholar). For Hsü, Liu see HS 63.15bGoogle Scholar; Jongehell, Arvid, Huo Kuang och hans tid (Göteborg: Elander, 1930), p. 88Google Scholar.

85. Often wrongly transcribed as Han-ku.

86. For pu ching , disrespect, nefas, see RHL I, pp. 182ffGoogle Scholar.

87. HS 17.26b, 60.14aGoogle Scholar; RHL I, p. 190, no. 1bGoogle Scholar. After emperor Ch'eng's death, Tu Yeh rose again to the post of Grand Ceremonialist between 3 and 1 B.C.; see HS 19B.50aGoogle Scholar.

88. See Beck, B. J. Mansvelt, The Treatises of Later Han (Dordrecht: ICG, 1986), pp. 51ffGoogle Scholar.

89. Chou I , Noble of Chien-p'ing . HS 16.15b, 42.2aGoogle Scholar; SC 18.28Google Scholar; Mh III, p. 128, no. 10Google Scholar; not in SC 92.

90. HS 53.5bGoogle Scholar (not in SC 59). The unspeakably perverted and cruel heir-apparent Liu Chien remained untouched, but when in 121 B.C. he was accused of rebellion all the disgusting details came out and found their way into his Han shu biography, which must have been copied from the documents in the case. He committed suicide. See also Wilbur, , Slavery, p. 316, no. 38Google Scholar.

91. Hsien, Kuan, noble of Lin-ju . HS 16.15a, 41.15bGoogle Scholar; SC 18.28Google Scholar; Mh III, p. 145, no. 142Google Scholar; SC 95.34Google Scholar (not in Watson, Records). Cf. Shen, , HLCI 2.15aGoogle Scholar.

92. CS 30.11bGoogle Scholar; Uchida, pp. 105; 109, n. 34.

93. Shen, , HLCI 2.15bGoogle Scholar.

94. CS 30.17bGoogle Scholar; Uchida, p. 138.

95. TLSL ch. 4, ming lü, vol. 2, p. 8.

96. Uchida, p. 109, n. 34.

97. RCL, p. 126, D 20; SS, p. 100.

98. I.e., the ordinance of 156 B.C., summerized on p. 175 above; see the full text in HS 5.3a–bGoogle Scholar; HFHD I, pp. 311ffGoogle Scholar.

99. Liu Li , noble of P'ing-ch'eng (SC mistakenly Ch'eng-p'ing) (SC ). HS 15A.24bGoogle Scholar; SC 21.19Google Scholar; Mh III, p. 182, no. 123Google Scholar. As rightly noted by the commentator Yen Shih-ku (581–645), as a member of the imperial clan he did not have his hair cut off, nor did he have to wear an iron neck-ring and shackles.

100. Liu Ch'i , noble of Ko-k'uei . HS 15A.14aGoogle Scholar; SC 21.9Google Scholar; Mh III, p. 177. no. 52Google Scholar.

101. Liu Hsien , noble of Chieh (or Chi)-yang HS 15B.20bGoogle Scholar.

102. Te-t'ien, Liu, noble of Ch'eng-hsiang . HS 15B.19bGoogle Scholar.

103. CS 30.10b ff.Google Scholar; Uchida, pp. 98ff.

104. See p. 175 above.

105. Examples of both types of usage are to be found in many passages in the Shih chi, the Han shu, and the Hou Han shu.

106. Ch'en Ho , noble of Ch'ü-ni , HS 16.9b, 40.19bGoogle Scholar; SC 18.18Google Scholar; Mh III, p. 133, no. 44Google Scholar; SC 56.23Google Scholar; Watson, , Records I, p. 167Google Scholar.

107. Su I-wu , noble of P'u . HS 17.25bGoogle Scholar; Wilbur, , Slavery, pp. 134ff., 219ff., 419, no. 102Google Scholar.

108. E.g., in the story of the brother of emperor Wen's empress neé Tou ; the boy was kidnapped and sold more than ten times. See HS 97A.7bGoogle Scholar; SC 49.11Google Scholar; Watson, , Records I, p. 184Google Scholar; Wilbur, , Slavery, pp. 275ff.Google Scholar, and Wang Ch'ung's Lun heng; see Hui, Huang, Lun-heng chiao shih (Shanghai: Commercial Press, 1935), p. 86Google Scholar, translated in Forke, Alfred, Lun-heng, vol. 1 (Berlin: supplementary volume of Mitteilungen des Seminars für orientalische Sprachen 14 [1907]; reprint, New York: Paragon, 1962), p. 179Google Scholar.

109. See the Statute of the Later T'o-pa Wei dated ca. 500, quoted in T'ung-tien (Che-chiang shu-chü, 1896), 167.5aGoogle Scholar: “Those who kidnap people and sell them ‘in harmony’ to become slaves are made to die.” See also TLSI, ch. 20, tsei tao lü, vol. 3, p. 71.

110. HHS, Annals IB.4b and 10b.

111. HHS, Annals IB.11a. For this and the foregoing edicts see also Wilbur, , Slavery, pp. 466ffGoogle Scholar.

112. CS 30.10bGoogle Scholar; Uchida, p. 99.

113. HS 76.3aGoogle Scholar, the biography of Chao Kuang-han the story is set during his governorship of the Capital Area, i.e., between 71 and 65 B.C.; see HS 19B.31aGoogle Scholar; San-kuo chih, Wei chih 9.1bGoogle Scholar (T'ung-wen ed.); the date is ca. A.D. 195 as shown by Wei chih 1.10aGoogle Scholar.

114. Approx. 48 B.C., in Pei-t'ang shu-ch'ao 39 (inaccessible); in A.D. 33, in HHS, Annals 10A.6a; in 134, in HHS, Annals 6.8b; in ca. 184, in HHS, Memoir 40.8a and 62.1b, commentary; in 189, in HHS, Annals 8.16b; in 195, in HHS, Memoir 62.13a–b.

115. Shan ch'iang chih ; see RCL, p. 162, D 126; SS, p. 214.

116. See Noboru, Niida, “Kan Gi Rikuchō no shitsu seido” (The system of pawning during the Han, Wei and Six Dynasties) , in Tōyō gakuhō 21.1 (1933), pp. 91–103, esp. p. 94Google Scholar; included in Niida's coliected studies, Chūgoku hōseishi kenkyū , in the volume tochihō, torikihō (Studies in the history of Chinese law, vol. on land law and the laws of trade) (Tokyo: Tōyōbunka kenkyūjo, 1960), p. 477–489. esp. p. 480Google Scholar.

117. For the strict bookkeeping involving all entries and issues of grain, see Loewe, Michael, Records of Han Administration (Cambridge: Cambridge University Press, 1967), vol. II, pp. 64ffGoogle Scholar.

118. RCL, pp. 34–39, A 19–22; SS, pp. 35–40.

119. Wei ch'u , “fraudulently writing off.”

120. RCL, p. 81, A 87; SS, p. 100.

121. Chu shou erh tao chih shih chin ch'i shih . This law is quoted in Ju Shun's commentary to HS 66.16aGoogle Scholar.

122. RHL I, p. 178–179Google Scholar.

123. HS 83.2bGoogle Scholar.

124. Perhaps it belonged to the “Essential Ordinances for the Northern Border,” for which see RHL I, p. 47, no. 27Google Scholar.

125. Pien chün tao ku wu-shih-hu chih yü ssu , HHS, Annals 1B.14a.

126. See pp. 29–30 of my “A Lawsuit of A.D. 28” (see n. 39).

127. HS 8.5bGoogle Scholar; HFHD II, p. 210Google Scholar; HS 18.13b, 19B.30a, 90.14b ffGoogle Scholar.

128. HS 18.21a, 19B.41a, 81.10a ffGoogle Scholar.

129. These cases are mentioned in HS 79.7a, 83.2b, 84.10a, 98.11aGoogle Scholar.

130. HHS, Annals 1B.12b, Memoir 69A.8a ff.

131. Jen Shang , HHS Annals 5.13b, Memoir 6.14a, 77.17a ff.

132. Tso Ch'ang , HHS Memoir 48.10b ff.

133. HHS Memoir 60.8b ff.

134. Kuan pu ; this term is also found in SC 30.33Google Scholar, Mh III, p. 586Google Scholar; it is misunderstood in Watson, , Records II, p. 98Google Scholar, and in HS 24B.16bGoogle Scholar, Swann, , Food and Money in Ancient China, p. 297Google Scholar.

135. San-kuo chih, Wei chih 12.16b (T'ung-wen ed.)Google Scholar.

136. Shen, , HLCI 2.17b ffGoogle Scholar.

137. HS 90.12bGoogle Scholar; SC 129.38Google Scholar, Watson, , Records II, p. 446Google Scholar; HS 90.19b, 98.1bGoogle Scholar; HHS Memoir 36, 11b.

138. TLSI, vol. 4, p. 69Google Scholar.

139. Shen, HLCI, ch. 17.

140. RCL, pp. 198ff., E 20ff.; SS, pp. 264ff.

141. Published in the archaeological report on the Yün-meng tombs, compiled by the Hupei Provincial Museum, Yün-meng Shui-hu-ti Ch'in mu (Peking: Wen-wu ch'u-pan-she, 1981)Google Scholar; the “guide” is found on plates cxxxv–cxxxvi, strips 827 reverse–814 reverse.

142. Lun-heng, vol. 3, p. 1985Google Scholar; Forke, vol. 2, pp. 394ff. (cf. n. 108).

143. Yün-meng shui-hu-ti Ch'in mu, plate cxxxv, strip 827, reverse. K'ung is a normal surname, being, among others things, the family name of Confucius.

144. This is shown by the ““Chronicle,” one of the other documents found in the coffin together with the other documents; see RCL, p. 1; and my “The Legalists and the Laws of Ch'in,” in Idema, W. L., ed., Leyden Studies in Sinology (Leiden: Brill, 1981), pp. 9–10CrossRefGoogle Scholar.

145. Moto'o, Kudō, “Suikochi Shin bo chikkan ‘nissho ni tsuite” in Shiteki 7 (Tokyo: Waseda University, 1986), pp. 36ffGoogle Scholar.