The Enlightened Judgments: Ch'Ing-Ming Chi : The Sung Dynasty Collection (S U N Y Series in Chinese Philosophy and Culture)

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Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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The Enlightened Judgments Ch'ing-Ming Chi "omitted" Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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SUNY series in Chinese Philosophy and Culture David L. Hall and Roger T. Ames, editors Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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The Enlightened Judgments The Sung Dynasty Collection Ch'ing-ming Chi Translated by Brian E. McKnight and James T.C. Liu Annotated and Introduced by Brian E. McKnight

Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Cover illustration: Traditional Chinese Court Scene by Joan Sandin Production by Ruth Fisher Marketing by Patrick Durocher Published by State University of New York Press, Albany © 1999 State University of New York All rights reserved Printed in the United States of America No part of this book may be used or reproduced in any manner whatsoever without written permission. No part of this book may be stored in a retrieval system or transmitted in any form or by any means including electronic, electrostatic, magnetic tape, mechanical, photocopying, recording, or otherwise without the prior permission in writing of the publisher. For information, address the State University of New York Press, State University Plaza, Albany, NY 12246 Library of Congress Cataloging-in-Publication Data Ming-kung shu-p'an ch'ing-ming chi. English Selections The enlightened judgments : Ch'ing-ming chi : the Sung dynasty collection / translated by Brian E. McKnight and James T.C. Liu. p. cm.(SUNY series in Chinese philosophy and culture) Includes bibliographical references and index. ISBN 0791442438 (alk. paper).ISBN 0791442446 (pbk.: alk. paper) 1. Law reports, digests, etc.-China. 2. Law-China-Sources. 3. ChinaSocial life and customs9601644Sources. I. McKnight, Brian E. II. Liu, James T.C., 1919. III. Title. IV Series. KNN63.4.M56213 1999 306'.0951dc21 9717960 CIP 10 9 8 7 6 5 4 3 2 1 Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Dedicated to my late colleague and friend, James T. C. Liu, who suggested we do this book together and without whose contribution it could never have been completed. Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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CONTENTS

List of Charts and Illustrations

viii

Preface

xi

Introduction

1

The Enlightened Judgments (Ching-ming Chi)

35

Contents of the Translation

37

Part 1. Officials

61

Part 2. Taxes and Services

107

Part 3. Academic Affairs

131

Part 4. Households and Marriage

143

Part 5. Human Relationships

353

Part 6. Categories of Persons

385

Part 7. Chastising Evil

419

Appendix A. Sung Local Administrative Units and Their Major Functionaries

495

Appendix B. Conversion of Penalties during the Southern Sung

497

Appendix C. Sung Measurements

498

Notes

499

Bibliography

553

Index

559

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LIST OF CHARTS AND ILLUSTRATIONS

Chart 1. Mourning Degrees

27

Map Sung Circuits with Districts and Prefectures

29

Chart 2. Place Names in the Ch'ing-ming Chi

30 30

Circuits and Macro-regions

30

Districts and Prefectures Chart 3. Key for Family Charts

33

Family Charts Ts'ai Family

224

Wang Family

231

Tai Family

238

Wu Family

242

Huang Family

248

Wang Family

277

Tseng Family

289

Hsieh Family

296

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PREFACE Few vivid and realistic descriptions of ordinary life in traditional China exist today, especially for the era prior to the rise of the Ch'ing dynasty (16441911). Those gems of description that are extant, works like Dreams of the Eastern Capital, focus almost exclusively on the bright side of life. They are celebrations, and wonderful ones, of the excitement and panache of popular customs. For a darker, if still colorful, portrayal of local Chinese life scholars can now turn to the recently re-discovered complete text of the Sung dynasty work, Collection of Enlightened Judgments (Ming-kung shu-p 'an ch 'ing-ming chi). Until the last decade scholars had available only a very truncated version of this work. Then in the 1980s a complete version was discovered. Shortly afterwards, my old friend and colleague, the late Professor James T.C. Liu of Princeton, suggested that we two might collaborate on a partial translation of this important text. The National Endowment for the Humanities awarded us a three year translation grant. Work on the project began in the late 1980's. Prof. Liu concentrated on providing draft translations of the pieces we selected. In the final version at least three-quarters of the draft translations are his work. I did the rough translations of the remaining pieces, working on matters that especially interested me. It was also agreed that I would provide polished translations, annotate the text, and write the introduction. Fortunately for me, Prof. Liu's "rough" translations were so well done that doing final translations was an easy task. I do not mean to imply that we did not have some passages which were difficult to understand. The Chinese of the text is usually relatively straightforward. The relationships among the parties, who is related to whom and in what way, and who does what to whom, are by no means always obvious. Indeed, my students in the Chinese Colloquium at the University of Arizona, who have read through some of the translations in my classes, have on a number of occasions pointed out places where both Prof. Liu and I failed to understand exactly Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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what was going on. I know I speak for Prof. Liu also in thanking them for their advice. I do hope that we have eliminated all such problems but I fear that in a text so drenched in matter, where relationships are sometimes only seen when they are graphed on paper and other times are fundamentally ambiguous, mistakes may remain. All such flaws are of course my responsibility alone. No doubt James would have found many such had he lived long enough to comb carefully through our final text. In 1990 I moved from the University of Hawaii to the University of Arizona. Shortly afterwards Prof. Liu became ill, dying in 1992. The project made no progress for several years. Fortunately, Prof. Liu had done his work well. It only remained for me to finish some rough and final translations, do the annotations, compose introductory essays to the sections of the work, write a general introduction and provide headnotes for the selections. In 1996, as I prepared to step down after six years as Head of the Department of East Asian Studies at the University of Arizona, I finally carved out time in my schedule to complete my end of the work. What follows is a translation of approximately half of the text of the Enlightened Judgments. The translation is a work aimed at a diverse audience. It is our hope that people with an interest in the workings of traditional Chinese society but whose major specialization is in the study of other cultures will find this book informative and useful; we hope that colleagues teaching undergraduates about Chinese history will find this a valuable source of materials; specialists in comparative law may find it of use; and finally, we are convinced that even our specialist colleagues in Sung history may find the translation helpful. As noted above, the pieces are by no means always clear. Simply reading the Chinese in a grammatically correct way often will not lead to an adequate understanding of the content of the piece. In keeping with our general goal of accessibility, we have kept the scholarly bibliography and footnoting to a minimum. There is a substantial bibliography of works on the family and other topics touched on in the Ching-ming chi as well as a growing body of articles on the Ch'ing-ming chi itself. We have cited a few of the more important studies but have not attempted to provide an exhaustive bibliography. Readers interested in this literature can best find it by consulting the bibliographies of the major recent works we mention in the following pages. Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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In seeking to make the work more accessibile we have accepted the suggestion of the editors at SUNY Press that the work be divided into Parts rather than its original chapters. Thus, for example, chapters 1 and 2, both dealing with officials, are grouped as Part 1 and chapters 4 through 9 which deal with the household and marriage are grouped as Part 4. Finally, in our pursuit of accessibility, we have had to face the problem of vocabulary. The Chinese of Sung times had instruments in many ways like the instruments we call contracts. And yet these were in some ways not exactly what a modern lawyer would mean when he used the word contract. Should we use western legal terms for Chinese cultural analogues of our usages and institutions? To do so almost certainly would lead to some distortion of the full meaning of the Chinese term. And yet not to depend on the known to pursue an understanding of the unknown would be to court incomprehensibility. In most instances we have tried to strike an appropriate balance between Western terminology and Chinese wording. We have also tried to explain clearly aspects of traditional Chinese culture which are known to all students of Chinese institutions, even to those new to the field. We apologize if we seem at times to be belaboring or over-explaining the obvious but we do aim at an audience that includes readers from other parts of the scholarly and non-scholarly world. If we have failed to explain things to the satisfaction of such readers we can only plead that we are too steeped in our own field to envision all the points that would be obscure to an outsider. As we bring this book to the public we are aware of how difficult it is to work through hundreds of pages of traditional texts without at times failing to grasp the true import of all the passages. We do hope that not too many such misunderstandings of meaning remain in the work as published. Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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INTRODUCTION In the year 1261 a man from Fu-chien Province on the southeast coast of China wrote the preface to one of the most intriguing documents left to us from the middle period of Chinese history, the Ming-kung shu-p'an ch'ing-ming chi, which we may roughly translate as the ''Collection of Enlightened Judgments."1 This man, possibly an old literatus named Chan Yen-fu , who in his youth had written a Taoist compendium, was a native of Ch'ung-an District in the Wu-i Mountains.2 It seems quite possible that the compiler was hoping to publish a work which would turn a nice profit. The area where he lived, Chien Prefecture, was one of the leading centers of commercial publishing in Sung China. Publishing for profit was already a business with a history of almost three centuries. Although the title suggests that the materials collected were chosen for their exemplary character, they may have been included at least in part because they were easily available in the archives of Chien Prefecture or in the already published works of certain well-known officials associated in some way with that region of southeast China.3 Writings of well-known officials might well increase the sales of the work among its intended audience, members of that literate, relatively well-off male elite that dominated local affairs. The work is an interesting variant of a genre that was already popular among the Sung official elite. Indeed, from the tenth to the thirteenth century, a variety of different works were composed that had as their object what we might call magistrates' work. During the late years of the Five Dynasties (907960) a man named Ho Ning (898955) and his son Ho Meng (951995) compiled a collection of brief descriptions of interesting law cases entitled I yü chi (A Collection of Doubtful Cases). A similar work, the Che-yü kuei-chien (Magic Mirror for Solving Cases) by Cheng K'o (d. 1133), was written during the late Northern Sung. Another such Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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work, the T'ang-yin pi-shih (Parallel Cases from under the Pear Tree) by Kuei Wan-jung, has been ably translated into English by Robert Van Gulik. A different approach to detective work was embodied in the earliest extant book on forensic medicine available from any part of the world, the Hsi-yüan lu (The Washing Away of Wrongs), written by Sung Tz'u , with a preface dated 1247.4 Finally, some authorities suggest that detective fiction, so popular under the dynasties of late imperial China, may have begun under the Sung. The author of the Ch'ing-ming chi clearly wrote for an audience that had already displayed a taste for works concerned with the law. The History of the Ch'ing-Ming Chi We have already spoken briefly of the possible authorship of this work. The history of its transmission suggests that the compiler's hopes of commercial success were perhaps in part fulfilled. If not a best seller, the work nonetheless was read and reproduced. A source from the Ch'ing dynasty (16441911) mentions an edition that contained material from the Yüan dynasty (12601368). Quite possibly it is this version which, fortunately for historians, was copied into the great Ming dynasty (13681644) collectanea of writings called the Yung-lo ta-tien. The Yung-lo ta-tien itself no longer exists as a complete compilation. Much of the Ch'ing-ming chi was in the lost part of this great encyclopedia. Until the last decade modern scholars only had for their use the items contained in the extant remnant portion of the Yung-lo ta-tien and an invaluable but partial Sung dynasty edition of the Ch'ing-ming chi held in the Seikado Library in Tokyo. This latter work, published by the Koten Kenkyu * Kai in 1968, includes only material from the Household and Marriage section of the Ch'ing-ming chi, in all a total of about 230 leaves covering over 170 judgments. This Sung text is preceded by a listing of some twenty-eight names of men whose judgments were to be found in the Ch'ing-ming chi (though in fact only thirteen of these names are to be found in the Seikado version's contents), and a preface in the style of writing called "running script."5 There had long been reports of other versions of this extremely important text. A Ch'ing source mentions a seventeenchapter edition said to contain Yüan dynasty material and a forty chapter version. Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Even at that time the author of this Ch'ing source remarked on the rarity of the work. In the eighteenth century a bibliographer noted the existence of a work that probably was the Seikado Library edition. However, as recently as a two decades ago one investigator remarked that the very great Japanese sinologue Niida Noboru's report of a rumored Ming edition could not be substantiated. Then, during the middle 1980s, Chinese scholars found a complete text. This tale of scholarly detection begins with a project to punctuate the known version of the text, that held in the Seikado Library. In the course of this work the scholars involved learned first of a longer but still partial version in a library at Pei-ching and then of a complete, fourteen chapter version, in the Shang-hai Library. This Shang-hai version, which is about four times the length of the previously known Seikado edition, was first worked on by scholars in Shang-hai.6 One of the Shang-hai scholars has indicated that this Ming edition was printed in pale green ink with clear characters, punctuation, and corrections of erroneous characters in the text. The Ming editors had inserted notes concerning missing characters, and bracketed doubtful characters. At points someone had pasted small squares of bamboo paper on the text giving additional information (it is not clear who added these last notes). On the last page of the eighth volume of the book there is a label indicating that the book had been purchased at the Shang-hai Ancient Book Mart for eight hundred yüan, suggesting that it had been bought by the Shang-hai Library in the 1960s.7 After the rediscovery of the complete text a group of Chinese scholars, some in Shang-hai and some in Pei-ching, cooperated to make possible the modern punctuation and eventual publication of the book. This new edition opens with a four page introduction dated 1569 and a table of contents. The recent Pei-ching publication has brief notes comparing the Shang-hai text to the Sung edition and providing emendations where there are discrepancies. In addition the editors have added a set of appendices which provide the names of authors given before some of the collection's entries and where known some further identifications, a set of prefaces to the book, selections of similar sorts of materials drawn from the works of a group of well-known Sung officials and Ch'en Chih-ch'ao's essay, originally published in 1984, describing the discovery of the Ming text and its nature. In this fine essay Ch'en Chih-ch'ao discusses the evidence that can be gained from a comparison of the two extant versions, an examination of the Yung-lo ta-tien itself, materials from some other Sung Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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works, and a study of the prefaces. It is on the basis of this body of evidence that he comments on the background of our current edition. He concludes that shortly after the appearance of the original Sung edition a second Sung edition, which added two new chapters to the section on Household and Marriage, was published. This edition, he suggests, was followed by the publication of still another edition during the Yüan. This Yüan edition added three chapters of "judgments" (shu-p'an) by Yüan authors. It was this Yüan edition which was copied into a section of the Yung-lo tatien. The publisher of the Ming edition in 1569 copied out the fourteen Sung chapters of this Yung-lo ta-tien version to create our present Ming edition. Organization of the Work The rather oddly mixed character of the work is reflected in the nature and arrangement of the materials. For the opening two chapters of his work, the compiler assembled a group of selections presenting officials' advice about proper bureaucratic practice and criticisms of the behavior of some subordinates. This section is followed by a chapter containing materials on the proper collection of taxes and labor services and a few items dealing with educational and cultural matters. In the central section of the book, chapters 4 through 9, he drew together a collection composed largely of "judgments," brief passages originally contained in longer legal documents, in which the magistrates concerned set forth their descriptions of legal problems and their decisions. These materials are concerned with what we would classify as civil law problemsmarriages, divorces, inheritances, and transfers of property. This is followed by two chapters that focus on problems associated with particular human relationshipsmothers and sons, brothers, husbands and wives, with especially important virtues and vicesfilial piety or the lack of it, and with key social groupsthe military, the imperial clan, Buddhists and Taoists, and others. The final two chapters deal with particular crimes. For this somewhat haphazard character we may be profoundly grateful. We are not presented with a consciously tendentious text. Different voices speak here. The complexity, the disputes, the bewilderment of judges, come through to us. Occasionally it would seem that some among them were not much more certain than we often are about the final answers to subtle questions of law and right. Some Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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magistrates usually applied the law as written. Others threatened the participants in cases with the literal enforcement of the law and then offered them the opportunity to resolve issues in less injurious ways. Occasionally judges seem torn between a clear understanding of the law and their own beliefs. They might feel deeply that their approach was the morally correct one and yet feel constrained to hand down decisions shaped at least in part by views with which they as individuals were not wholly in agreement. Finally, those more driven by their deeply felt doctrinal views sometimes simply ignored the clear provisions of the laws as these applied to certain central social problems. We should be careful, however, not to overestimate how commonly Sung judges tried to reshape the law to fit their own prejudices. There are far more cases in the Ch 'ing-ming chi in which judges either follow the law closely or set it aside not with any intention of shaping future law but merely from a felt need to settle specific problems in a socially acceptable fashion. We are fortunate that the "judgments" of Southern Sung times, such as we find in the Ching-ming chi, are real descriptions of real troubles. The term shu-p 'an itself has a long history. During the T'ang (618907) it was applied to literary pieces written by civil service candidates in response to hypothetical legal problems. This use of the term to describe literary pieces which took as their point of departure hypothetical rather than actual judicial judgments continued in use into the Northern Sung (9601126). However, during the Southern Sung (11271279) the term came to be applied to actual judicial documents. These shu-p'an, derived from actual cases, might be generated at various levels of the local judicial hierarchy, from the districts (the lowest level of concentrated central government administration) to the commissioners of the circuits. The Historical Context In some ways traditional Chinese society was extraordinarily stable; in others there was always continuing evolution. At no time is this mixture of continuity and change more striking than during the Sung dynasty. The Sung was a period of startling technological innovations, of great creativity in the arts, sciences, and philosophy and a period during which the basic claim to political legitimacy was successfully challenged for centuries by the continuing presence of powerful sinoStart of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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foreign states to the north. During this era there were major population shifts and growth, a redistribution of political power, an economic transformation, major social changes, and an enormous increase in both the numbers of urbanized areas and the bourgeoise character of the cities. And yet, looking backward, it sometimes may seem to modern observers that the fundamental structures of Chinese society, its basic values and attitudes, survived this kaleidoscope of intellectual and economic change, foreign competition, and scientific advance with-out undergoing major transformation. In part this appearance of continuity is an optical illusion, a sleight-of-hand worked on our perceptions by the later transmitters of tradition, whose self-definition impelled them to see in the tradition more continuity than in fact there was. In part the appearance is based on a reality. The elements seen as continuous were in fact present throughout this era. In this case the sleight-of-hand consists of presenting the past in such a way that a lesser stream of belief or practice is painted as more important than in fact it was. Minor currents, minor figures of times past are made to loom large. Precursors count, representative figures do not, so that we are presented with a grow-ing orthodox stream, which culminates as if inevitably in the views and social structures of late imperial China. In part the sleight of hand is part of the old traditional game of presenting things that were innovations as if they were derived from the hoary past. In fact, during the Sung there was a variety of competing views about what counted as acceptable social behavior and a remarkable number of new ideas. Moreover, much of what was later to become orthodox and socially dominant was during most of the Sung a vision held firmly by only a minority among the intellectual elite. China changed. Few serious students would question the fundamental social and political changes that separate the heyday of the T'ang (618907) from the early Sung (9601279); it is important to recognize that there were also profound changes, in social practice and social ideology, between the Sung period and the following dynasties. Political History The underlying changes were economic, social, and cultural, but they were conditioned by changes in the political system and situation. In 960 a new dynasty, the Sung, came to power in north China. The Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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foremost task faced by the Sung founder, Chao K'uang-yin, was the reassertion of central political power. Beginning in the middle of the eighth century the power of the central government in many local areas had begun to decline. Despite the partial recovery of power during the late eighth and early ninth centuries, the central government of the T'ang (618907) never recaptured full control of all of the empire. A great rebellion in the 870's effectively destroyed T'ang central control, though the dynasty dragged on in name for several decades before formally ending in the early tenth century. The process of military dominance and political decentralization that marked the late T'ang continued during the early Five Dynasties (907960). However, by the middle of the tenth century, despite the appearance of continuing discord, the rulers of the Five Dynasties states had begun to develop policies to recapture power. The Sung founder inherited the basic tools for reasserting control. He and his immediate successors had as their overriding priority the reassertion of central authority, against other states occupying what had been T'ang territory and against the military governors who still retained considerable internal power. Early in his reign the Sung founder began to reemphasize the role of the regular civil system. He and other early Sung emperors also used various policies and devices to reduce the influence of the military to manageable proportions. These poli-cies succeeded to a striking degree. Of all the long-lived dynasties in Chinese history the Sung is the only one never threatened by internal unrest among the military. Unfortunately for the Sung this desired control over the military was, perhaps inevitably, accompanied by military weakness in the face of foreign threats. To the northwest the Northern Sung faced an in-dependent state dominated by peoples of Tibetan background. To the north and northeast they faced a very powerful sino-foreign state called Liao. Early unsuccessful efforts to reconquer the north ended with a peace signed in 1005. For most of the ensuing century the Sung government was at peace, though it did fight occasional border skirmishes and in the 1040s launched a disastrous attempt to seize territory in the northwest. During the early 1100s Sung leaders were tempted to try to exploit signs of weakness in the Liao state. When a new tribal group became increasingly powerful in the region of present-day Manchuria, the Sung forged an alliance aimed at the destruction of the Liao.8 With the help of the Sung, this new group drove the Liao out of north Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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China, established the Chin dynasty, and continued its military advance into the Sung territories to the south. The reigning emperor of the Sung and his predecessor were captured. A Sung prince, fortuitously absent from the capital when it fell, took the throne as the first ruler of the period known as the Southern Sung (11271279). For some years the fortunes of the state were precarious. In the late 1120s Sung armies were driven south of the Yangtze River. At one point the new emperor barely escaped capture by fleeing to sea. Only after a series of successful Sung counterattacks in the 1130s did the frontier stabilize. The Southern Sung and its new northern neighbor coexisted in a guarded peace, punctuated by border incidents and at least two major military confrontations. This guarded coexistence was made problematic by the rise in the 1220s of a new foreign tribal power, the Mongols. The Sung Imperial Court found it very difficult to create a workable policy to respond to the altered power situation created by the rise of this new tribal group.9 A belated and probably foredoomed attempt to exploit Chin weakness by allying with the Mongols only set the stage for Mongol attacks against the Sung. From the time when the Mongols were able to destroy the Chin state in the late 1220s, until the 1270s, the Mongols fought an intermittent war against the Southern Sung, which only ended with the final collapse of the Sung in 1279. The materials found in our text, the Ch'ing-ming chi, were for the most part written during the era of dangerous confrontation with the Mongols. Yet nowhere in these writings is there any sense that the authors felt themselves to be in a nation besieged. During the decades from which the magistrates' decisions stem, the region from which the decisions come, southeastern China, was far from the lines of confrontation. Communications were, by the standards of the rest of the world, amazingly rapid and accurate. No doubt the magistrates and other officials whose words we read were aware of the dangers on the northern frontier, but they were faced with problems that were far more immediate, far more emotionally laden, and far more relevant to local political conditions. They were the ruling elite of the most prosperous, technically advanced, artistically sophisticated, and organizationally complex society of their time. Few of them can even have imagined that the foreign peoples beyond their northern frontiers would, in only a few decades, sweep south to a complete con-quest of the Chinese empire. Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Political and Social Changes This political history was conditioned by a momentous transformation in the character of the Chinese political and social elite that occurred during the interregnum separating the collapse of the T'ang from the founding of the Sung. Although the roots of the change can be traced back into the late T'ang, it is largely in this brief period of sixty years that the nature of the ruling class changed.10 Until the late T'ang, political power was predominantly in the hands of a relatively small group of families, which intermarried and which dominated life at the Imperial Court. In the provinces a larger group of regional elite families reflected this pattern on a lesser scale.11 This situation began to change in the late T'ang, especially after the 870s. New powerful regional military lords arose, who, in the en-suing Five Dynasties period (907960), dominated politics.12 It was in this Five Dynasties era that the older aristocratic families finally lost their position of power. Military men, often from humble backgrounds, made use of other military men as subordinates in key posts. Even the civilian advisors that they employed came less and less frequently from the old families. When the Sung founder and his successors suc-ceeded in reducing the influence of the military on politics, the civilian cadre of officials drawn from newly influential families was in a position to emerge as the decisive group in the political equation. The institutional reflection of this change was the rise of the competitive civil service examination system as the preferred method of entry into the civil service. Although members of the elite sometimes sought ways to spare their offspring the rigors of the examination system, during much of the Sung period it was an important key to high office. Examinations that tested candidates' knowledge of the Confucian classics provided a strikingly large percentage of the leading officials of the time, especially during the era called the Northern Sung (9601126). This political change contributed to the rise to dominance of a new ruling elite, distinguished by their learned dedication to the Confucian persuasion. This political change was interwoven with a significant transformation of the family system between the T'ang and the Sung. With the decline of the aristocracy, practices for insuring the continuity of elite families' fortunes across the generations changed in their emphasis and in their particulars, if not in their general character. The Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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problem was how to assure continued family success in a society in which the inheritance system constantly weakened the economic basis of family fortunes. In traditional China, the patrimony was (in general) divided equally among sons after the death of the parents, with unmarried daughters receiving smaller amounts (usually in the form of dower portions). Because of this, it was necessary to work continually if the family's economic position was to be preserved. Furthermore, as the group of relatives increased in size over the generations, affective ties declined in strength. By the Sung, elite families no longer had the overweening sense of status pride that, despite these centrifugal tendencies, had tied together members of the great T'ang choronyms (groups of relatives tied together both by surname and by identification with the family ancestral home, e.g., the Kennedy's of Hyannisport). How were kin beyond those most closely related to be held together? Institutionally the most revealing example of a device for encouraging kin solidarity developed in the Sung was the endowed clan estate. Such estates, administered by managers, produced revenues that were supposed to be used for projects and activities that would promote the kin group, such as shared ritual feasts, schools for the children, and relief for poorer members. The aristocratic T'ang had no such estates. Their prototype was the estate founded by the great eleventh-century statesman Fan Chung-yen (9891052). After his father died during Fan's childhood, his mother took him with her into her second marriage. He eventually sought out his natal relatives and endowed an estate as a means of promoting their solidarity. That these estates frequently did not work as intended by their founders, that the rich and powerful among the kin tended to usurp control, reflects the very problem of lack of kin solidarity which the estates were established to reduce. Nonetheless they stand as symbols of a renewed emphasis on the long-term preservation of kin power and solidarity.13 The families that tended over time to dominate such enterprises were the same group of relatively well-to-do landowning families that dominated local life and, through the examination system, the government.14 The basis of the influence of these families was usually landownership, the income from which they used to reinforce their standing in local life by taking leading roles in local charitable activities, organizing local self-defence forces and construction projects, and other local activities. We will find them appearing in the Ch'ing-ming chi, often as villains. Ideally a family in this group wanted to pass on Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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its patrimony and to place a member occasionally in the political elite through the civil service examinations. There also seem to have been other changes in the character of the family that we are only now beginning to understand. The more we learn, the more it would seem that the Sung era was both a transitional period between the aristocratic system of earlier China and the late imperial system and a unique era with its own, sometimes (by the standards of later times) rather odd adjustments to the problem of preserving family welfare. In particular women seem to have played more important roles, especially during the Southern Sung, as con-duits for the transmission of property across generations, perhaps the most central problem in agricultural societies with private property in land.15 In the following pages we will meet women as owners, managers, buyers, sellers, mortgagors and inheritors of property. A thoughtful and pragmatic observer of the life of his times and class, Yüan Tsai, in his book of family advice, stresses the importance of establishing and maintaining good ties with affinal relatives. At times, as he knew and noted, families had to depend on the level-headedness and energy of daughters-in-law to preserve their fortunes and might well need to solicit the aid and support of their affinal relatives, in ordinary life and in politics. The geographical focus of elite concern also seems to have shifted somewhat between the Northern and the Southern Sung. It appears that, for a variety of reasons, elite families during the Southern Sung (11271279) began to focus their concerns more clearly on their home areas, intermarrying with their neighbors and concentrating to a greater degree on local concerns. Perhaps national aspirations were too politically dangerous. Perhaps entree into national politics had become excessively difficult, especially if the goal was to enter service through the examinations. During this era the increased competition in the examination halls, which made ordinary examination degrees harder to earn, coincided with an increase in the use of less regular channels of recruitment, and more importantly with an increase in the importance of irregularly selected officials. It is perhaps not surprising that this era in which it became increasingly difficult to succeed through the bureaucracy also witnessed the spread of a new interpretation of the Confucian message that emphasized the importance of education as a path to personal salvation through the cultivation of the self, rather than as a route to success in the examinations. Examinations remained important during the Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Southern Sung but the elite seems to have been less dependent on them for family success. The authors of the judgments we read in the Ch 'ing-ming chi were themselves both products and representatives of this changing political and social world. Most were degree holders. All were educated in the Confucian classics. However, as their decisions show, they did not all see eye to eye on the making of judgments on certain vital social issues having to do with questions like inheritance, divorce, and adoption. Some students of the Chinese tradition have endorsed too willingly the views of the traditional elite of late imperial China (and those of more recent historians still under the spell of that late great tradition), views that underestimate how diverse ideas, norms, and practices were during the Sung period. The Ch 'ing-ming chi gives us a new way of looking at differences within the Sung elite. Much work needs to be done on the issues it suggests about such diversity. Far more exciting from our personal points of view, however, is the rare opportunity this text gives us to see up close the ordinary people of Chinagamblers, petty merchants, soldiers, the nouveaux riches, scalawags and filial but impoverished sons, prostitutes and selfless country girls, boatmen, brokers, fish-mongers, juvenile thugs, local strongmen, and above all farmers, some rich some poor. We get our first notion of these people from their names. Many of those who move through the pages of this text, the poor as well as the rich, have classically patterned, elite-style names; others, however, alert us immediately to their more humble backgrounds. Although some of them also have formal names, they are referred to as using names composed of numbers. Such names were composed in several ways in traditional China but one way appears to be quite common in the Ch'ing-ming chi. The first number in these names indicates the generation from a (supposed) common ancestor and the second the place of the individual among children in that generation.16 Government Administration In administrative practice, as in so many other facets of its operations, the Sung state took over much of the heritage of the past, retaining most of it in name and some of it in practice. However, the Sung regime often put new wine into old bottles, using titles for purposes and in Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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ways quite different from the usages of the past. One facet of past practice that was retained unaltered was the general structural out-line of the administration. At the top was a formal civil service whose members were divided into a hierarchy of nine grades. Below this group was a body of lesser officials who in Sung terminology were said to be ''outside the stream." These officials were supported by a large clerical staff. An official in this Sung system might at any one time bear a variety of titles. At least one of these titles might refer to his actual official function. Others might determine his salary grade and his ranking in the order of protocol. In addition to these titles held by active officials, the Sung government also made use of a variety of honorary epithets and appellations that were awarded by the authorities to show honor to individuals. These titles carried with them some prestige and possibly some legal privileges but they did not of themselves provide access to office. The government made use of grants of titles to bolster its supporters; it nonetheless reconfirmed the traditional Chinese imperial attitude that actual governing was a matter for civil service officials. People, even those with prestige titles, if they were not members of the functional government, were not supposed to concern themselves about political questions. Furthermore, during the Sung the reproduction, distribution, or possession of sets of laws or edicts by nonofficials was illegal. Sung commoners were not citizens in the Western sense. They were subjects. Our Ch'ing-ming chi authors repeatedly rail against inappropriate interference in government administration by outsiders. But, although the basic relationship between rulers and ruled did not change, the governmental institutions through which power was exercised continued to evolve. The change most relevant to the processes of the law was the trend toward the centralization of power, combined with a continuing imperial respect for bureaucratic opinion. Centralization of power was reflected in the organization of the central offices, the relations of the center to local areas, and the role of the ruler. It is generally argued that the trend toward an increasingly autocratic emperor emerged dur-ing the Sung. This change is usually traced to the change in the social origins of the officials. During earlier times the officials were them-selves usually members of politically powerful families and the em-peror was often really first among equals. During the Sung, when the officials came to be drawn from a much larger group of less politically Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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powerful families, the emperors in relative terms were of far greater power. Despite the planting during the Sung of the seeds of later autocratic rule, the dynasty is known for the degree of respect paid by the emperors to their ministers. Perhaps this stems in part from the very high quality of many leading officials; no doubt it also derives from the example of respect set by the founding emperors and from a sensitivity to the importance of imperial cooperation with the bureaucracy. During the Southern Sung this desire for a cooperative regime was carried even further. Confrontational politics was discouraged. Accommodation was the style.17 We see echoes of that choice in the actions of our Ch'ing-ming chi authors. Role of Law One characteristic of this bureaucratic system was an elaborately developed system of laws, proscriptive and prescriptive.18 The Sung had inherited its body of proscriptive laws from the T'ang, which in turn had built on the developments of preceding dynasties. The key criminal rules were enacted as lü (statutes), and were included in a published code. The earliest Sung code, issued in the early 960's, was largely a copy of the T'ang code of 737, with the addition of some laws created after 737. Within its thirty chapters it set down the principal crimes and specified the penalties that were to be attached to them. We will find examples of such statutes quoted by the magistrates whose decisions are found in the Ch'ing-ming chi. More important for the controlling of functionaries, including legal functionaries, was the enormous elaboration of prescriptive rules, specifying who was to do what, how, when, and where. During the Sung these prescriptive rules were divided into three types. The broadest were the ling (ordinances), which laid down general procedural rules for the conduct of government business. The Sung code com-piled in the early thirteenth century (which preserves rules from much earlier) contains many examples of this genre. Many other examples are cited in the rulings of the Ch'ingming chi magistrates. The second type of Sung prescriptive rules were called ko (regulations). This peculiar type of rule was concerned (during the Sung) with determining levels of quantity. Regulations determined such questions as the personnel quotas of government units, pay scales, Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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the amounts of money or goods to be used in rewarding the meritorious, the lengths of mourning leaves for officials, and so on. The third type of prescriptive rule, a type peculiar to the Sung as a formal category of law, was called shih1 (specifications). These rules determined the specifications of aspects of systems of communications. They thus encompassed a wide spectrum of activities which the Sung Chinese conceptualized as communications patterns, including all aspects of ritual behavior as well as more mundane matters like documentary formats.19 Some idea of the vast size of these bodies of rules can be conveyed by noting that a collection of the rules concerning the imperial Hall of Light, a ritual building used by the emperor, totaled twelve hundred volumes. Another compilation, of rules bearing on the reception of tributary envoys from Korea, ran to almost fifteen hundred volumes.20 In the Ch'ing-ming chi, officials cite a great number of laws. Some-times they specify that they are citing a statute or an ordinance. More often they simply say, "the law says." These citations are interesting from at least two perspectives. First, they make it abundantly clear that most judges were quite knowledgeable about the law. Second, they provide us with many laws not known from other sources, an important reminder that we will grossly underestimate the reach and character of Sung law if we assume it was confined to the small corpus of rules still extant. Authors writing about the Sung sometimes seem to assume that because we now no longer have such rules, the rules never existed, so that Sung judges could decide matters on the basis of their inner convictions. I think this is a serious misreading of the record. Judges in the pages of the Ch'ing-ming chi do often issue orders that slight the written law. That does not mean that the law did not exist but rather that, in the relatively minor matters under consideration (in terms of applicable penalties), they chose deliberately to set aside rules with which they were often perfectly familiar. Most past studies of the administration of Chinese justice have tended to overemphasize the freedom of action of Chinese judges. As the Ch'ing-ming chi decisions suggest, judges did indeed have considerable latitude in their handling of cases that involved only minor penalties (up to one hundred blows of the heavy rod). Such cases would have included almost all civil-type matters. However, as these cases show, the judges used the latitude accorded them not (in most cases at least) to make new law or to push old law in a new direction but rather as a way of adjusting law to social reality. Judges were after all Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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charged with promoting local comity and good will. They therefore might seek for face-saving solutions which would allow the parties to a case to put their lives and their relationships back together again. More than that, the judges seem clearly in some cases to have used their latitude to ignore law with which they were familiar because they knew full well they did not have the power to force the parties to abide by a strict legalistic decision. Students of Chinese history regularly overestimate the ability of the rulers to control the ruled. The Ching-ming chi should serve as a reminder that local control was always a matter of negotiation between the supposed rulers and the ruled. We do not mean to say that the state could not, at any given time or place, enforce its will. But China was huge and the government was small. The state simply lacked the force to impose its will everywhere all the time. The governors were like a thinly spread army of occupation, dependent on acquiring and maintaining the support of locally influential figures. To ignore the interests and welfare of this local elite stratum could lead to growing unrest and resistance. And yet officials were of course aware that such local leaders might well abuse their influence. The pages of the Ching-ming chi reflect the baleful results that might ensue if the state did not succeed in keeping a relatively tight rein on such people. We must never forget that officials had always to bargain for the support of at least some of the local people, no doubt hoping always that they were picking the right people to privilege. These considerations apply especially to matters involving civil-type issues. All more serious criminal cases would either be settled (the lower levels being merely advisory) or automatically reviewed at levels beyond the court of initial instance. Judges in these lower courts probably worked within rather tight constraints in deciding or recommending sentences. The Ch 'ing-ming chi decisions include many sentences that may appear arbitrary. We should be sensitive to the strong possibility that this appearance of flexibility is illusory and that they were often following sentencing regulations no longer available to us. Local Administration These various categories of laws were administered by a hierarchy of administrative and judicial officials staffing the central government organs or posted to the three principal levels of local administration. Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Sung local administration was heir to a long tradition. From the late Chou dynasty (1027256 B.C.E.), some kingdoms governed local areas through a nested hierarchy of territorially defined units staffed by centrally appointed officials. The officials in charge of the lowest levels of these hierarchies generally had catholic responsibilities, including general administration, judicial administration, and revenue collection. Although there were some changes over time in terminology and character, generally speaking the system used in imperial China was based on local units called districts (hsien). Although in some eras (including the Sung) districts did have some subunits staffed by formal government agents, the hsien remained the fundamental units of local control. During the Sung a district was headed by a district magistrate who had general responsibilities for district affairs. He was (usually) assisted by a recorder concerned primarily with taxation and other documentary matters, a sheriff concerned with law and order, and at times an assistant magistrate. This rather simple distribution of offices and duties was in practice made more complicated by a pattern of some-times overlapping functions and, in the smaller districts, by a policy of having a single official hold several of these offices concurrently. A number of districts would be grouped together to form the next higher level administrative unit, the prefecture. This middle, prefectural, level of government had been a key level of administration in pre-Sung times. Past scholars have suggested that during the Sung prefectures played a reduced role with greater emphasis being placed on the districts and on the larger units called circuits. We feel, after working with the Ch 'ing-ming chi materials, that this assertion needs to be reexamined. Even a superficial examination of the numbers and types of officials active on the prefectural level who walk through our pages suggests that the prefectures were critically important units, at least in terms of legal settlements. During most dynasties the largest local units, called circuits in the Sung (when they were only partly administrative in character), and provinces under the later dynasties (when they were basically administrative), oversaw activities in a number of prefectures. The chief officials in Sung circuits, called commissioners, were in name, and largely in practice, functionally specialized. Thus a given circuit might have a fiscal commissioner responsible for the efficient mobilizing of resources; a judicial commissioner, charged with seeing that justice was fairly administered; a military commissioner in charge of certain military matters; and perhaps other sorts of commissioners with specialized Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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functions. No commissioner had line superiority over his colleagues. In addition, the Sung central authorities were devoutly committed to dividing authority and responsibility. As a matter of policy they had the different commissioners reside in different cities within the circuit. But of course the Sung central authorities were perpetually short of money and manpower, so their devotion to dividing responsibility was tempered by expediency. One result was that circuit commissioners seem rather commonly to have served concurrently as the prefects of the prefectures where their headquarters were located, thus saving the government the cost and trouble of appointing separate bureaucrats to those positions. The judicial hierarchy in local areas corresponded to this administrative hierarchy. Although the heads of subunits of the district might on occasion have some minor judicial responsibilities, the true base level of judicial administration was the district. Thus, although it was possible for cases to begin at the prefectural level, most legal cases probably entered the district court as the court of first instance. As noted above, magistrates had the power to rule on and carry out penalties in all cases where the punishments did not exceed one hundred blows of the heavy rod, but in cases involving crimes calling for penal-ties heavier than beating with the heavy rod they would merely issue a preliminary ruling and recommendations for sentencing to be sent up to the prefecture or higher levels for review.21 We should note, however, that, at least in civil matters, the losers in court did not have to stop their search for a more friendly solution if a magistrate (or for that matter a prefect or a circuit commissioner) ruled against them. People could, and often did, take cases from court to court, sometimes continuing to change venues for years, never being willing to abide by the settlements handed down by the supposedly powerful judges of the state. Sung prefectures had control over a number of districts. The least important prefectures might control only one or two; the average was closer to ten. Prefectural administration was headed by a prefect, assisted by one or two controllers-general (t'ung-p'an), who dealt with general administrative matters and headed the judicial administration. Under these prefectural heads there were several staff organs. These included organs primarily concerned with judicial administration, which sometimes served as courts of first instance, but did not specif-ically deal with law enforcement.22 Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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The structure of Sung law enforcement agencies, with its mixture of civil and military agencies, can only be understood in light of the Sung founder's search for more secure civilian control. Chao K'uang-yin, shortly after he founded the dynasty, reemphasized the role of the civilian sheriff as an agent of law enforcement, eventually largely displacing the basically military law enforcement system inherited from the Five Dynasties. Then, as his successors felt increasingly secure and the law enforcement needs of local units increased, military men were reintroduced, as officials called patrolling inspectors. For most of the Sung, sheriffs (usually stationed in district towns) shared law enforcement duties with their colleagues, the patrolling inspectors, who were usually stationed at forts in the countryside. These law enforcement officials were not supposed to become involved in issuing judicial opinions (though occasionally they did so). Thus it is not surprising that, among the decisions translated here from the Ch'ing-ming chi, most seem to have been written by the other local officials we have mentioned, the circuit commissioners, either fiscal or judicial, prefects, controllers-general, or district magistrates. From their contents we also learn something about the functions of the lesser officials who assisted these local administrators, either as fellow bureaucrats or as clerical subordinates. The most interesting of these functionaries are the notaries to the administrative assistants, who were deeply involved in critical aspects of deciding questions that raised civil-law type issues. These functionaries, and their superiors, the administrative assistants, clearly deserve more attention than they have so far received if we hope to understand the workings of the local judicial system. Such clerical-level functionaries form perhaps the least well under-stood group active in local administration. There is no question that Chinese government, central as well as local, depended always on a numerous body of functionaries who stood outside the formal civil service, performed absolutely vital functions, and yet were treated with fear and loathing by their superiors. We will meet them again and again, often as villains, in the pages of the Ch'ing-ming chi and yet, of course, the system would not have worked at all if many of them had not been reasonably responsible and honest people. Reasonably responsible and honest people do not often make news so these clerical functionaries, who appear in a great many cases, are commented on at length only when they violate the laws and mores. Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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The Penal System The Ch'ing-ming chi magistrates' decisions also reflect the complex-ity of the Sung system of penalties. The Sung inherited the code of the T'ang dynasty, which divided punishments in five major types, from beatings with the light rod (in five degrees of from ten to fifty strokes), through beatings with the heavy rod (in five degrees from sixty to one hundred strokes), penal servitude (divided into degrees by the length of the sentence), exile (divided by degrees of distance), and death. The Sung nominally continued this T'ang system but in practice altered it greatly. For many purposes the light rod penalties were replaced by beatings with the heavy rod (with small numbers of strokes). Heavy rod penalties were also changed by reducing the number of strokes. Penal servitude and exile, though they continued to be used as formal terms in the setting of sentences, were displaced in penal practice by a punishment called registration, under which those convicted were sent for registration in special labor units of the Sung provincial armies. This basic penalty could be adjusted by altering the distance to which the criminals were sent, adding tatoos, beating the convicts before sending them to their place of registration, and in a variety of other ways. In addition to its system of penal registration in the armies the Sung also practiced two lesser forms of registration called chi-kuan and pien-kuan. These penalties involved the registration of the person convicted at some prefecture distant from the jurisdiction in which he (or in rare cases she) was convicted. People serving such sentences were not free to travel from the prefectures to which they had been assigned and had to report periodically to the authorities there. They were not forced to live in army units. On the other hand they also were not ordinarily provided with any support by the state. In effect it was a sort of house arrest. These forms of house arrest, beatings, and regular penal registration appear fre-quently in the pages of the Ch'ing-ming chi as do some interesting penalties not much discussed in the regular sources, including confiscation of property, goods, and money, the wearing of the neck fetter known as the cangue, fines, long-term imprisonment, and such alter-native penalites as having to read aloud edifying passages from famous texts.23 Perhaps most interestingly we find that Sung judges quite regularly sentenced culprits to expulsion beyond the borders of their jurisdictions. One wonders how their colleagues in the surrounding Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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areas into which these malefactors were pushed felt about this particular "solution" to dealing with troublemakers. In trying to visualize the functioning of these higher-level formal offices it is well to bear in mind that many actual local functions were carried on by unpaid local agents working below the district level. From an early period the population of China had been divided for purposes of control into small subunits. The administration called on some members of these local population groups to perform needed functions, especially those related to tax collection and the maintain-ing of local order. During the Southern Sung the most ubiquitous local subgovernmental unit was called the "guard." Guards (pao) had originally been established as militia groupings in a system called pao-chia. In early 1071, in the area around the Northern Sung capital, the rural households were registered and organized, ten households forming a small guard (hsiao-pao), five small guards forming a large guard (ta-pao), and five large guards forming a superior guard (tu-pao). The system was soon extended to most sections of the empire. Although the pao-chia was initially established to provide self-defense and local security forces, pao-chia personnel soon came to be responsible in many areas for a variety of other local administrative tasks. However, as the documents translated here indicate, they did retain some of their local security responsibilities.24 The Economic Context During the remarkable period of more than two centuries from the late T'ang into the Southern Sung, China developed a thoroughly monetized economy, with the invention and spread of the use of paper money, the widespread use of a variety of other paper instruments for commerce, an enormous increase in minted coinage and the use of other mediums of exchange, including precious metals and silk.25 These increases were truly astonishing. The major type of coinage in imperial China was a round bronze coin with a square hole in the center. A string holding one thousand such coins was a standard accounting unit. Already by 997 the Sung government was annually minting eight hundred thousand strings of coins, two and a half times the largest output of the T'ang. By 1085 this had risen to over six million strings per year, the greatest annual output ever under the Chinese empire. Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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It is estimated that over 200 billion coins were cast during the Northern Sung. In addition, the use of silver increased greatly, but the most noteworthy monetary innovation was the creation of a government system of paper money. The initial invention of paper money was stimulated by the peculiar coinage situation in Ssu-ch'uan.26 Because the iron coins of that region were much heavier than the bronze coins used elsewhere, merchants in the late T'ang began using as money the certificates of deposit they received from deposit shops where they had left money or goods. The early Sung awarded a monopoly on the issuing of these certificates to a small set of shops and then, in the 1020s, took over the system and issued the world's first paper money. The commercial revolution, of which this monetary revolution was a part, changed the face of Sung China. The luxury trade of earlier times gave way to a thriving trade in daily necessities. Farmers, no longer in substantial part self-sufficient subsistence producers, became tied into wider markets and were subject to their price fluctuations. As producers they supplied the urban trade; as consumers they also were regularly involved in the purchasing of necessities.27 Great regional markets developed, and with them significant industrial enterprises employing large workforces of hired laborers. Many of these enterprises, in which ownership was separated from management, manufactured goods for mass distribution.28 The rise of a money economy and the commercialization of Chinese life was accompanied by some striking demographic changes. The whole rural demographic pattern had changed from the late T'ang into the Sung, with the rise of a vast number of small towns, which served as markets for rural products and as suppliers of rural needs. Many of these towns began as "grass markets," small periodic markets at some distance from the district or prefectural cities. These markets attracted teahouses, shops selling daily necessities, and a growing population. Eventually they often attracted the attention of the government, which established tax collection offices.29 These changes in the distribution of population also seem to have been accompanied by a continuous overall growth in population. Al-though the available statistics bristle with problems, the Chinese population may well have doubled between the middle of the eighth century and 1100, reaching a total of about 100 million in the latter year.30 This population growth may have slowed in the Southern Sung, but it seems plausible that, at the time the Ch'ing-ming chi cases were in process, the empire had a population close to that figure. Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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This demographic transformation was accompanied by a striking increase in urbanization. The most economically advanced region of China, the section of the delta south of the Yangtze River known as Chiang-nan, was probably the most highly urbanized area in the world before the rise of industrial Europe in the late eighteenth and early nineteenth centuries. The few cities of T'ang times had been predominantly governmental in character, planned in form, and kept under tight security control. Sung cities were radically different. Gone were the interior neighborhood walls with their police posts at the gates characteristic of the great T'ang cities. Gone for the most part were the restrictive zoning rules and the curfews. Wide open, bustling, expand-ing outside the old walls and reaching into the surrounding country-side, Sung cities were a wonder of their times. Their people, merchants, artisans, entrepreneurs, entertainers, soldiers, foreigners, jostled one another in the crowded streets.31 In them a new culture was being born. We will find urban dwellers walking through our pages, soldiers, fishmongers, prostitutes, roués, and a myriad of other urban types. The explosive period of economic growth appears to have ended by the time the decisions found in the Ch'ing-ming chi were written. That is not to say that the era was not prosperous, simply that the rate of growth was far slower than it had been a century or two earlier. The actors in our judicial vignettes thus were working within a thoroughly monetized economy that had contributed to rapid changes in the economic fortunes of Sung families. Some sense of the insecurity this engendered and the resulting fierce competition for resources, especially agricultural land, comes out clearly in legal disputes. The Sung Style of Life Surely it is no accident that in these centuries there were striking changes in the ways in which the Chinese lived their lives. Prior to this period the Chinese knelt on grass mats, like the Japanese. By the Sung they were sitting on chairs. This led to other changes. The Chi-nese began to use higher tables. They no longer used mats on their floors, which now were often of stone or tile. People could wear their shoes inside the house. Easily doffed slippers gave way to boots. If we look at Sung paintings, even from the early years of the dynasty, we can see men wearing such boots, sitting on chairs and eating and drinking from high tables.32 Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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The austere and somewhat heavy architecture of the earlier periods becomes lighter and taller.33 During the Sung, the straight rooflines characteristic of earlier buildings, at least in north China, give way to gracefully curved eaves; the emphasis on lightness is also reflected in the Sung penchant for building soaring pagodas. The restrained color scheme of the past begins to disappear when the Sung solved the puzzle of glazing colored roof and floor tiles. Their golden roofs and green tiles began to pave the way toward the garishly painted red, green, blue, and gold buildings of later times. At some time in the Five Dynasties the gruesome custom of bind-ing women's feet began though the custom did not become widespread until the eleventh century. Girls had bandages tied around their feet, bending their toes over toward their insteps, so that eventually their arches broke. During the extended period before their feet became dead and painless girls suffered acutely. Often flesh sloughed away from the instep and one or more toes dropped off. Until the end of the traditional empire, and even beyond, generations of Chinese mothers inflicted the burden of bound feet on their daughters.34 The Sung was also a period of changes in the arts. New poetic forms became the rage. Based on the patterns of popular melodies, these songs were freer in prosody than the older styles of poetry.35 Sung poets also took the older forms in new directions. Sung poetry in the old style continued the earlier tradition of expressing certain emotions, but now came to reflect intellect as well. Many poems were narrative in character, dealt with the minutiae of daily life, or ex-pounded philosophical issues.36 In the world of the visual arts the Sung was distinctive. Its most renowned figures were literati who turned to calligraphy and painting. Of course in times past there had been many men who shared, to some degree, in the worlds of both the visual and the written arts, but in the Sung there is for the first time the presentation of such balanced participation as an ideal. During the Northern Sung many thinkers stressed the positive role of aesthetic sensibility in the pursuit of the ideal of a Confucian gentleman; only in the following century were the views of this group decisively defeated by the advocates of the philosophical and moralistic movement known as Neo-Confucianism.37 The decisions found in the Ch'ing-ming chi reflect both the views of the radical moralizers and those of their less selfrighteous colleagues. Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Technology and Science The Sung was also an era of striking technological and scientific advance. Extensive use was made of explosives in construction. New techniques were used for deep mining. Copper became so valuable that technicians designed systems for its hydrometallurgical extraction from mine waters. For the first time China became a sea power. A bluewater navy became especially important after the loss of the north in the 1120s. The Sung navy eventually grew to a force of hundreds of ships manned by thousands of men and armed with trebuchets that threw gunpowder missiles.38 New advances in ship construction, such as watertight bulkheads, and use of the magnetic compass in navigation (definitely in use by 1070), made the Chinese ships of the day doubtless the safest in the world. The text that clearly mentions the use of the magnetic compass in navigation before the end of the eleventh century also mentions the use of astronomical navigation, soundings, and studies of samples of the sea bottom as navigational aids. Chinese ships also, because of the type of sail that they used, were particularly effective in using winds coming from almost any quarter.39 Explosive weapons began to be used in warfare. From at least the eleventh century Chinese armies were using flamethrowing weapons. Soon they developed grenades and bombs, and by the thirteenth century were using firearms and cannon.40 There were advances in mathematics. Most notably in the last half of the thirteenth century a brilliant group of algebraists worked independently on such problems as indeterminate analysis, the computation of complex areas and volumes, alligation problems, and arithmetical progressions.41 These examples could be almost endlessly multiplied. The Sung was one of the great eras of scholarly and scientific curiosity in Chinese history. Sung writings contain treatises on archeology, architecture, and dozens of other scholarly and scientific topics. The technological innovation that was to have perhaps the greatest cumulative impact was the rise of printing. Printing, invented in the T'ang and further developed during the Five Dynasties, reached its full potential only under the Sung.42 By making possible the wide dissemination of approved versions of the Classics, it set the stage for a revival of widespread interest in the Confucian canon; by lowering the price of books, it laid the foundations for a great expansion of Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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literacy. During the Sung a regular book industry grew up, catering to the vastly increased body of the literate. As noted above, it may well be that our text, the Ch'ing-ming chi, was compiled in hopes of making a profit in that book market. Sung Intellectual Life The Sung also produced a reorientation of the intellectual life of China. The stress laid on the examination system as a route to office under the Sung prompted an increase in education geared to the earning of degrees. Since passing the examinations depended in good measure on a knowledge of the Confucian classics and commentaries, growing numbers of men devoted themselves to studying these works. We should not underestimate the importance of Buddhism and Taoism among male members of the Chinese elite in the Sung, but it is fair to say that Confucian values and attitudes became increasingly important. During the mid-eleventh century a group of scholar-officials arose who adopted a different approach to the Classics. They stressed the direct apprehension of the basic message of the Classics, bypassing the learned commentaries of the Han and T'ang. The insights thus gained were to be used to reform social and political life. The ideas discussed in these decades were further developed by thinkers with various viewpoints during the Southern Sung. Then, during the thirteenth century, the views of one group, the radical moralists associated with the thinker Chu Hsi (11301200), became increasingly vocal and eventually influential. In the Ch'ing-ming chi we may see the ideals of some of the more radical members of this group in the decisions on social questions of certain magistrates. In succeeding dynasties the views of such men were to provide the agenda that dominated the thinking of Chinese leaders into the seventeenth century. This new interest in the classical heritage raised with renewed sharpness the continuing tensions in China between duty to self and duty to society. From its beginnings Confucianism had strongly emphasized the idea of service to society. Indeed this is one defining characteristic of the Confucian persuasion. However, Confucianism also emphasized the need for a consideration of self. A balance was needed between self and society but the very idea of self was ambiguous. In one sense, in the Chinese context, self was not the isolated individual, but rather the individual as a creature defined by sets of interrelaStart of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Chart 1. Mourning Degrees tionships with others. Such relationships could be based on friend-ship, shared work or residence, or most importantly, on ties of kin-ship through blood or marriage. The closeness of these kinship ties were precisely defined in terms of a set of ''mourning degrees" that determined both the appropriate rituals and the length of mourning owed to different relatives. The Sung people spoke of the Five Degrees of mourning, which ranged from three months up to a nominal three years. The closer the degree the longer the mourning period and the more elaborate the rituals (see Chart 1). The "self" was thus seen in terms of others. To preserve and promote this self was not just to preserve and promote ego but to bring honor to the ancestors and to protect one's descendants. The tensions between Confucian social commitment and concern for the self was complicated by a new emphasis on the importance of self-discovery and the self-improvement of the individual. Many men who were committed to the Confucian vision wanted to make them-selves exemplary individuals. Certainly there could be strong commitments to promoting the welfare of relatives and the society at large; to this was added a desire to mold the individual personality like a work of art, so that one might become an exemplary gentleman (chun-tzu) or even a sage. During the Southern Sung thinkers espoused a variety of views on the best way to apply the lessons of the Classics to the life of the individual and his place in society and state. Eventually, after the fall of the Sung, the views of the group of thinkers who advocated the views of Chu Hsi (11301200) would come to dominate the thinking of the more articulate members of the Chinese elite. However, during Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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the years when the Ch 'ing-ming chi decisions were being made, this branch of the Neo-Confucian movement was by no means the dominant group. The decisions to be found in our text reveal a variety of positions on social issues taken by magistrates. Some show little sense of being torn between their ethical values and decisions in accord with the current rules; others feel compelled to stick close to the writ-ten law even though they disagree with it; and then there are those who simply override the written law in pursuit of their social agenda. The complexities and tensions inherent in Sung society run through the following pages of translated text like vivid threads, appearing only briefly in some of the cases and seeming to dominate others. It is this very lack of simplicity and agreement which makes the Ch'ing-ming chi such a valuable source (see map and charts 2 and 3). Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Chart 2. Place Names in the Ch'ing-Ming Chi Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Chart 3. Key for Family Charts Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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ENLIGHTENED JUDGEMENTS Ch'ing-ming Chi Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Contents of the Translation

Part 1. Officials Admonitions 63 Dispatch to Prefectural Controllers General (T'ung-P'an Author: Chen Hsi-Shan (CMC 1/1)

) and All Sectional Officials

Rebukes

The Files of Circuit Commissioners Ought Not to Be Demanded (CMC 1/16) Author: Ts'ai Chiu-Hsüan

68

70

Careless Reports from Prefectural Officials Author: Not Available (CMC 1/1718) Commendations

On the Founding of the Memorial Hall for the Honorable Mr. Ts'ao Author: Ts'ai Chiu-Hsüan (CMC 1/18)

Rewarding a Tax Supervisor with a Banner for Having Refused Bribery Author: N.A. (CMC 1/19)

72

73

Warnings 74

Reprimanding a District Magistrate Author: N.A. (CMC 1/21)

Notice to the Staff Members (of the Judicial Office) Author: N.A. (CMC 1/23)

75

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Prohibitions

Restrictions on Subordinate Officials in the Prefectures and Districts Who Are Not to Break the Laws on Inflicting Punishments (CMC 1/36) Author: Hu Shih-Pi

76

78

A Ban on People's Acclamation of a District Magistrate (CMC 1/3738) Author: Ts'ang-Chou Remedial Removals

80

Appointing an Acting Official in Place of an Aged Incompetent District Magistrate Author: Hu Shih-Pi (CMC12/39)

Ordering a Capriciously Corrupt Official to Seek Medical Care (tantamount to forcing him to accept a medical discharge) Author: Hu Shih-Pi (CMC 2/40)

81

Compassionate Aid 82

Sending Home the Coffin of a Judicial Official Author: Hu Shih-Pi (CMC 2/43) Presumption

Presumptuously Establishing an Official Household by Claiming Another Person's Ancestor As One's Own Author: N.A. (CMC 2/44)

84

Purchased Rank

The Original Certificate of Purchased Rank Should Not Be Returned to a Condemned Man Author: N.A. (CMC 2/4647)

Waiving the Surrender of the Certificate of Official Rank and Punishing the Servants and Reporting This to the Office of the Fiscal Commissioner and the Ministry Author: N.A. (CMC 2/48)

86

87

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Filling Lower Posts

A Clerk Acting As a Tax Supervisor Took Bribes (CMC 2/4849) Author: Fan Hsi-T'ang

89

Acting Officials

Corrupt Brutality Author: Ts'ai Chiu-Hsüan (CMC 2/4950)

A Rash Official, Contrary to Law, Availed Himself of Acting Irregular Posts to Gain Official Rank Author: Fan Hsi-T'ang (CMC 2/5051)

91

92

Corruption

Selling Counterfeit Certificates (Falsely Indicating Receipt of Taxes Including Taxes Paid in Grain) Author: Ts'ai Chiu-Hsüan (CMC 2/52)

Patrolling Inspectors Taking Graft during an Investigation Author: Sung Tzu-Mu (CMC 2/5355)

95

97

Exchange of Posts

Exchanging Posts Because of Corruption Author: N.A. (CMC 2/57)

An Unfit Magistrate Author: N.A. (CMC 2/59)

101

102

Rectifying Injustices

A District Magistrate Falsely Accused of Taking Silk by a Clerk Author: Wu Yü-Yen (CMC 2/60)

103

Petition for Extension of Tenure

Flattering of Magistrates So As to Seek Advantages in the Future Author: Ts'ai Chiu-Hsüan (CMC 2/61)

105

106

A Living Hall of Honor Author: N.A. (CMC 2/61) Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Part 2. Taxes and Services Tax Revenues 110

The Method of Compiling Tax Rolls Author: Chen Hsi-Shan (CMC 3/62) Land Taxes

Forbidding Excessive Charges by Tax Agents (Lan-Hu Author: Hu Shih-Pi (CMC 3/63)

)

111

Pressing for Tax Payments

Prefectures and Districts Improperly Coercing People into Paying Their Taxes in Advance (CMC 3/6465) Author: Liu Hou-Ts'un

Unruly Households Who Refuse to Pay Tax Arrears Author: Hu Shih-Pi (CMC 3/67)

113

115

Deliveries of Taxes

Eliminating Fraud and Favors in the Receiving of Taxes Author: Fang Ch'iu-Yai (CMC 3/6970)

Payment of Righteous Rice Cannot Easily Be Stopped and Must Be Continued According to the Precedents Author: Hu Shih-Pi (CMC 3/7071)

117

119

Transportation

Losses during Transportation Due to the Dishonesty of Crew Members Author: Hu Shih-Pi (CMC 317273)

121

Requisitioned Service

Law on Service Proportional (To Higher Tax Assessment) Author: Fan Hsi-T'ang (CMC 3/75) Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

123

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The Separation of Households at the End of the Mourning Period for Parents Author: N.A. (CMC 3/7576)

124

Exempted Properties

The Calculation of Services Owed According to Property, Excluding Exempted Land (CMC 3/77) Author: Kuan Tsai-Chin

A Report with All Documents Author: Assistant Magistrate of Chien-Yang

126

127 (CMC 3/79)

Part 3. Academic Affairs Schools 132

A School Official Should Not on His Own Accept People's Donations Author: Fang Ch'iu-Yai (CMC 3/9394)

133 The Clothing on the Clay Image of His Excellency, Lu Wen-An Author: Judicial Commissioner Yeh (CMC 3/9495)

in the Prefectural School

Academies

Lands of the White Deer Academy Author: Ts'ai Chiu-Hsüan (CMC 3/95)

135

Shrines 136 The Shrine (Ts'u-T'ang ) Honoring Chu Hsi (11301200) Author: Ts'ai Chiu-Hsüan (CMC 3/96)

Shrine in Honor of Hung (Mai) (11231202), the Academician of the Tuan-Ming Palace Author: Ts'ai Chiu-Hsüan (CMC 3/97)

137

Examinations

On Being Inadmissible to the Examinations Because One's Native Place Is in Doubt Author: Hu Shih-Pi (CMC 3/9798) Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

138

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Page 42 140

Examination Officials Are Sued by Scholars for Favoritism and Fraud (CMC 3/9899) Author: Wang Shih-Chai Part 4. Households and Marriage Property DisputesPart 1

146

Wu Meng Disputing the Sale of Land by Wu Hsi Author: Fan Hsi-T'ang (CMC 4/100101)

Mutual Dispute over Landed Property between Chang Ch'un District by the Commissioner the I-Huang Author: Fan Hsi-T'ang (CMC 4/1012)

Yu Ch'eng Sues Yu Hung-Fu Author: N.A. (CMC 4/1045)

and Chao Yung

Referred to

for Having Conditionally Sold Landed Property

Accuses Lü Pin Lü Wen-Ting Author: N.A. (CMC 4/106)

149

151

of Illegally Occupying Landed Property

Hsiung Pang and His Brother Disputing over Property with Their Sister-in-Law, the Woman Kan Author: N.A. (CMC 4/11011)

Chang Ming and Yüan An Author: N.A. (CMC 4/111)

148

152

153

Mutually Disputing over Landed Property

154

Wrongful Plaint over Landed Property Author: Hu Shih-Pi (CMC 4/123)

When a Son Is Unable to Support His Parents in a Filial Way So That They Must Depend on a Son-inLaw Then Their Property Should Go to the Son-in-Law Author: N.A. (CMC 4/12627)

The Impropriety of Buddhist Monks Disputing over Property Author: Fang Ch'iu-Yai (CMC 4/127)

156

157

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Page 43 159

Taking Advantage of a Crisis to Seize House Property Author: Wu Yü-Yen (CMC 4/13132)

Cases Involving Unclear Contracts or in Which the Buyer or the Property Owner Is Dead Should Not Be Accepted Author: Fang Ch'iu-Yai (CMC 4/13233)

162

Property DisputesPart 2

Property Dispute between a Nephew and an Uncle Who Had Been Adopted by Another Family (CMC 4/13536) Author: Weng Hao-T'ang

165

Clergy Returning to Layman Status and Taking an Inheritance Share Author: Weng Hao-T'ang (CMC 4/13839)

168

Property Bought by the Wife's Own Funds Is Not Subject to Division Author: Weng Hao-T'ang (CMC 5/140)

Will of Stepmother Bequeathing Her Pension Land (Yang-Lao T'ien Author: Weng Hao-T'ang (CMC 5/14142)

163

) to Her Own Daughter

Refunding a Loan on Multiple Transactions Involving the Same Property (CMC 5/14243) Author: Yao Li-Chai

Redemption of Conditionally Sold Property Is Not Allowed without Deeds for Proof Author: (Official From) P'u-Yang (District) (CMC 5/14851)

Making Changes in Wording Author: Jen-Ch'ing (CMC 5/154)

Falsely Designating the Four Boundaries of Disputed Hillside Author: Liu Hou-Ts'un (CMC 5/15759)

Doctoring a Contract Document to Enclose Hill Land Illegally Author: Weng Hao-T'ang (CMC 5/159)

Corroborative Evidence Needed in a Dispute over Hill Land Author: N.A. (CMC 5/16062) Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

170

172

174

179

180

183

184

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Cases Claiming Inequities in Conditional Sales Are Not to Be Heard If Twenty Years Have Passed Author: N.A (CMC 5/16263)

188

Repurchase of Houses

Not Vacating a Property Already Sold (CMC 6/16465) Author: Wu Shu-Chai

190

Collateral for Loans

Using Property As Collateral for a Loan without Vacating the Property Author: Wu Shu-Chai (CMC 6/16768)

Temporary Collateral for a Loan Author: Yeh Yen-Feng (CMC 6/17071)

193

195

Land Disputes

Buyer Reneging after Purchase Because of High Price (CMC 6/17576) Author: Han Ssu-Chai

Accusing a Nephew of Fraudulently Selling Land Author: Wu Shu-Chai (CMC 6/18384)

To End a Dispute by Turning Dry Land over to the Government Author: Wu Shu-Chai (CMC 6/18786)

198

200

203

Disputes over Buildings

Dispute between a Maternal Uncle and a Nephew Author: Yeh Yen-Feng (CMC 6/19192)

206

Rental of Houses

Arbitrary Occupation of a Rental Building Author: Yeh Yen-Feng (CMC 6/196) Disputes over Hill Lands

208

210

Dispute over a Hill Author: Wu Shu-Chai (CMC 6/19798) Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Page 45

Disputes over Boundaries 213

Disputing Boundaries Author: N.A. (CMC 6/19899) Establishing Heirs

When an Heir Originally of Another Surname Has Been Adopted during One's Lifetime It Will Be Difficult to Remove Him through a Challenge Author: Wu Shu-Chai (CMC 7/2013)

An Elder and a Younger Brother, One Poor and One Rich, Having Their Case Decided by the Drawing of Lots Author: Wu Shih-Chai (CMC 7/2034)

Wu Tsung-Chou and Others Sue Wu P'ing-Fu Author: Wu Shu-Chai (CMC 7/204)

215

219

221

to Demand Money

222

Drawing Lots to Confirm an Heir Author: Wu Shu-Chai (CMC 7/2056)

When Heirs Have Been Installed They Ought Not to Be Displaced by the Son of a Concubine Author: N.A. (CMC 7/2067)

One Man Cannot Be the Successor to Two Separate Households That Should Choose and Establish Their Respective Heirs Separately Author: Wu Shu-Chai (CMC 7/208)

On Contention within a Lineage over the Installing of an Heir Author: Han Chu-p'o (CMC 7/20910)

One Who Contends to Be Installed As Heir Is Denied Permission Author: Yeh Yen-Feng (CMC 7/21112)

226

228

229

234

237

A Dispute Raised by a Son-in-Law Author: Yeh Yen-Feng (CMC 7/21213) Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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When an Heir Has Been Clearly Established Then the Family Does Not Die Out Author: Draft Decision (Ni ) by the Judicial Inspector (CMC 7/21517)

Dual Installing of Heirs, One Being a Son Chosen by the Order of the Mother, and the Other by the Patrilinial Descent Group Author: Draft by the T'ung-Ch'eng District (Present-Day T'ung-Ch'eng in Hu-Nan) Magistrate (CMC 7/21718)

246

Returning to the Descent Line

An Unworthy Adoptee Is Ordered to Return to His Natal Family Author: N.A. (CMC 7/224)

251

Auditing (for Trusteeship) 254

Improper Reouest for Auditing Author: Yeh Yen-Feng (CMC 7/228) Orphans and Minors

255

Making Official Arrangments (CMC 7/23032) Author: Han Ssu-Chai

Paternal Branch Head against Father of Concubine on Infringing on Property Author: Han Ssu-Chai (CMC 7/23233)

259

Orphans and Widows

Paternal Relatives Mistreating Orphans and Transgressing on Property Author: Wu Shu-Chai (CMC 7/23637)

262

Women Recieving Shares

The Woman Shen and Kao Wu-Erh Author: Wu Shu-Chai (CMC 7/23839)

(''Fifth-Second") Dispute over Revenue Grain

265

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Posthumous Births 268

False Claim of Illegitimate Descent and Attempt to Rejoin the Family Author: Yeh Yen-Feng (CMC 7/24142) Foster Sons

269 ) Taking Away Property from a Natural Son (Ch'in-Tzu A Foster Son (I-Tzu Author: N.A. (CMC 7/24243)

)

Establishing Heirs 272

The Household Head Should Determine Who Is to Be Heir Author: Ts'ai Chiu-Hsüan (CMC 8/244)

273

An Adopted Child Raised during One's Lifetime Author: Chao Yung-Chai (CMC 8/245)

An Uncle Who Urged a Mother Not to Establish an Heir, So That He Could Take over the Property Author: Hu Shih-Pi (CMC 8/24647)

274

276

A False Accusation by a Kinsman against an Heir of Appropriate Generation Author: Weng Hao-T'ang (CMC 9/247) Extinct Households

279

A Widow Caring for a Son Should Not Be Classified As an Extinct Household Author: Judicial Commissioner Yeh (CMC 8/27273) Returning to the Descent Line

A Son after Following His Mother in Her Re-Marriage Should Return to His Own Descent Line (or Common Descent Group) Author: Ts'ai Chiu-Hsüan (CMC 8/27475)

An Adopted Heir Who Behaved Improperly Is Ordered to Return to His Own Descent Group Author: Weng Hao-T'ang (CMC 8/276)

282

284

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Division [of Property]

Married-in Husbands Do Not Participate in the Division of the Family Property of Their Wives Author: Liu Hou-Ts'un (CMC 8/277)

286

Auditing (for Trusteeship)

Infringement on Audited Property to Be Tried under the Law on Illegal Taking of Court-Sealed Property Author: Hu Shih-Pi (CMC 8/28082)

287

Young Orphans

Cousins in the Same Trade Ought to Share Their Wealth Author: Ts'ai Chiu-Hsüan (CMC 8/28384)

Property Seized by the Family Teacher to Be Returned under Supervision Author: N.A. (CMC 8/285)

291

293

Women Inheriting Shares

Disposition of the Landed Property Inheritance of Female Orphans Author: Fan Hsi-T'ang (CMC 8/28789)

294

Wills

Falsely Claiming That There Was a Will So As to Make a Show of Mourning at a Funeral Author: Ts'ai Chiu-Hsüan (CMC 8/28990)

Several Nephews Demanding Subsidies According to a Will Author: Fan Hsi-T'ang (CMC 8/29192)

299

301

Sons Raised Elsewhere 303

Lack of Evidence for a Claim Author: Fan Hsi-T'ang (CMC 8/29394) Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Foster Sons 305

Misconduct through Disobedience to a Mother Author: Ts'ai Chiu-Hsüan (CMC 8/29495) Illegal Transactions

308

Selling Family Property after Having Become Heir in Another Family Author: Ts'ai Chiu-Hsüan (CMC 9/29798)

310

A Junior Disputing a Property Sale by His Natural Father Author: Ts'ai Chiu-Hsüan (CMC 9/29899)

314

Clandestine Sale of Family Property Prior to Family Division Author: Weng Hao-T'ang (CMC 9/3034)

316

Instigating and Tempting a Widow to Sell Illegally the Property of Her Late Husband Author: Weng Hao-T'ang (CMC 9/3045) Redemption after Conditional Sales

Redemption after Conditional Sales Should Be in Cash, Paper Currency, or Half in Each, According to the Pattern of the Original Transaction Author: Hu Shih-Pi (CMC 9/31112)

320

Refusal of Redemption after Conditional Sale by Doctored Contract Author: N.A. (CMC 9/31415) 322

Creditor Delaying until Court Is in Recess Author: Hu Shih-Pi (CMC 9/31718) Graves

324

Surreptitious Burial Author: N.A. (CMC 9/32829) Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Graveyard Woods

Donating Wood from a Graveyard to a Monk Author: Ts'ai Chiu-Hsüan (CMC 9/330)

Death Caused by a Fight over Graveyard Wood Author: Ts'ai Chiu-Hsüan (CMC 9/33032)

327

328

Rental Houses

Unauthorized Construction on a Rental House Author: Hu Shih-Pi (CMC 9/33435)

331

Pawnshop Capital

Interest on Capital at Pawnshops Differs from That on Private Debts Author: Hu Shih-Pi (CMC 9/33637)

333

Disputes over Money

Debtors Truly Unable to Pay to Be Released from Investigative Detention Author: Hu Shih-Pi (CMC 9/33839)

335

Marriage

Surreptitiously Marrying an Already Married Daughter Author: Ts'ai Chiu-Hsüan (CMC 9/34344)

Bridal Family's Retraction after the Exchange of Engagement Cards Author: Liu Hou-Ts'un (CMC 9/34648)

Settling Disputed Marriages Author: Liu Hou-Ts'un (CMC 9/34849)

336

338

341

Divorce

Illegal Marriage of a Divorcee Author: Weng Hao-T'ang (CMC 9/35253) Summoned-in Husbands

343

A Previously Married Woman Seeking to Control Property That Had Belonged to Her Former Husband Author: Liu Hou-Ts'un (CMC 9/35356)

345

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Employees 351

Legal Prohibition against an Official's Buying Human Beings Author: Ts'ai Chiu-Hsüan (CMC 9/357) Part 5. Human Relationships Fathers and Sons

354

A Son Who Is Not Completely Filial Should Be Transformed through Education Author: Ts'ai Chiu-Hsüan (CMC 10/359) Mothers and Sons

355

Mother and Son Mutually Accusing One Another with Regard to a Family Inheritance Author: Ts'ai Chiu-Hsüan (CMC 10/360)

356

Reading the Classic of Filial Piety Author: Ts'ai Chiu-Hsüan (CMC 10/360)

A Son Who Has Been Rebellious against His Mother and Elder Brother over a Property Dispute May Tentatively Be Forgiven but Is Subject to Retroactive Sentencing If He Does Not Correct Himself Author: Hu Shih-Pi (CMC 10/362)

Not Punishing a Son Sued by His Mother Because She Still Loves Him Author: Hu Shih-Pi (CMC 10/363)

357

358

Brothers 361

Dispute between Brothers Author: Ts'ai Chiu-Hsüan (CMC 10/36667)

363

Lawsuit between Brothers Author: Hu Shih-Pi (CMC 10/36667)

365

Brothers Disputing over Property Author: Liu Hou-Ts'un (CMC 10/37475) Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Requiring Relatives and Friends to Help Resolve the Dispute between Brothers over Their Father's Burial (CMC 10/37677) Author: (Pseudo.) T'ien-Shui

362

Husbands and Wives

A Wife Who Has Been Disobedient to Her Husband and Perverse to Her Father-in-Law Is to Be Punished and a Divorce Is to Be Permitted Author: Hu Shih-Pi (CMC 10/379)

368

369

Husband Wishing to Divorce His Wife on the Slanderous Pretext of Adultery Author: Hu Shih-Pi (CMC 10/38081) Filial Piety

371

Encouragement of a Filial Son and Punishment of an Unfilial Son Author: Chen Hsi-Shan (CMC 10/38384)

373

Saving a Mother by Cutting One's Own Flesh Author: N.A. (CMC 10/385) Unfiliality

A Son Sued by His Mother Is to Be Punished and Will Be Punished More Severely If He Does Not Reform Author: Hu Shih-Pi (CMC 10/386)

Slanderous Accusation of Kinship Members after Failure to Provide for a Grandmother and for Burying Her Author: Fang Ch'iu-Yai (CMC 10/38687)

374

375

Incest

Divorce Ordered to Be Permitted Because of a Lawsuit over Alleged Incest Author: Hu Shih-Pi (CMC 10/38889)

377

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Uncles and Nephews

Nephew Sued by His Aunt for Having Damaged a Farmhouse Author: Hu Shih-Pi (CMC 10/39091)

Uncle and Nephew in a Property Dispute to Listen to Instruction at the School Author: Hu Shih-Pi (CMC 10/391)

378

380

Kinship Groups

Rich Member Humiliating a Poor Kinship Group Head Author: Ts'ai Chiu-Hsüan (CMC 10/392)

381

382

Accusation of a Theft by a Kinsman Author: Fang Ch'iu-Yai (CMC 10/393) Community

Persuading Neighbors to Settle Disputes in Harmony Author: Hu Shih-Pi (CMC 10/39394)

383

Part 6. Categories of Persons Imperial Clan Members

Guilty Imperial Clan Member Sent under Guard into Custody and His Gang Banished (CMC 11/39899) Author: Wu Yü-Yen

386

Scholars 389

A Scholar Summoned to Take an Examination Author: N.A. (CMC 11/404)

390

Scholar Working As a Tax Agent Author: Ts'ai Chiu-Hsüan (CMC 11/4045) Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Buddhists and Taoists 391

Monk Slandered by an Imperial Clan Member Author: Ts'ai Chiu-Hsüan (CMC 11/405)

392

A Dispute over an Abbotship Author: Ts'ai Chiu-Hsüan (CMC 11/406)

Guest Monks Have Brought Disorderly Accusations Seeking to Split off a Hall from the Kai-Fu Temple Author: P'eng Ts'ang-Fang (CMC 11/4078)

393

Brokers 398 Punishing a Broker and His Son for the Crime of Cheating (Ch'i-Man Author: Hu Shih-Pi (CMC 11/40910)

)

Clerks

Harming People by Violating the Law Author: Ts'ai Chiu-Hsüan (CMC 11/41213)

Ten "Tigers" Injuring the People Author: Ts'ai Chiu-Hsüan (CMC 11/413)

Convicts Serving As Clerks under False Pretences Author: Ts'ai Chiu-Hsüan (CMC 11/414)

Forging an Official Red-Colored Script Author: N.A. (CMC 11/422)

Protecting a Wicked Township Scribe Author: Wu Yü-Yen (CMC 11/424)

Decision of a Judicial Commissioner (on a Clerk and a Minor Official) Author: Hu Shih-Pi (CMC 11/431)

Former Chief Clerk of Nan-Kang Impersonating a Man of Court Rank Author: Liu Hou-Ts'un (CMC 11/43233)

400

402

404

405

406

407

409

Clever Corrupt Clerks to Be Banished As a Warning to the Rest Author: N.A. (CMC 11/433-35)

000

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Soldiers

Because Archers and Local Soldiers Have Disturbed the Rural People They Are Forbidden to Go into the Countryside Except When Sent on Urgent Military Missions Author: Hu Shih-Pi (CMC 11/438)

414

Borough Patrollers

A Restriction Forbidding Borough Patrollers to Abuse and Arrest Ordinary People without Authorization Author: Hu Shih-Pi (CMC 11/439)

415

Jails 417

Repairing the Borough Jail Author: Hu Shih-Pi (CMC 11/43940) Part 7. Chastizing Evil Adultery and Obscenity

419

Forcible Rape Author: Ts'ai Chiu-Hsüan (CMC 12/441)

Buddhist Functionary Detained Someone's Wife and Accused Her Husband of Being a Thief Author: Weng Hao-T'ang (CMC 12/445)

420

422

An Adulterous Clerk Author: Liu Hou-Ts'un (CMC 12/44647)

A Bribed Investigator Making No Real Effort to Find a Soldier's Missing Wife Author: (Staff of) Wu Prefecture (Present-Day Ch'in-Hua in Che-Chiang) (CMC 12/44950)

424

Seduction

Seducing Someone's Maid for Employment or Sale Author: N.A. (CMC 12/451)

427

Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Violence and Tyranny

Violence and Tyranny Author: Ts'ai Chiu-Hsüan (CMC 12/45758)

Violent Men and Corrupt Clerks to Be Punished Are Two Separate Matters Author: Wu Yü-Yen (CMC 12/46061)

Draft by the Legal Researcher Author: N.A. (CMC 12/466)

Nonpayment of Taxes, Arbitrary Oppression, Hiding Escapees, and Threatening Officials Author: Hu Shih-Pi (CMC 12/47071)

Mother and Son Violating the Law and Compounding Evils Author: Liu Ssu-Ch'eng (CMC 12/47173)

429

430

432

434

435

Usurping Control

A Devilish Law Trickster Author: Ts'ai Chiu-Hsüan (CMC 12/47374)

Specializing in Usurping Control to Cheat the Government in Violation of the Law Author: Weng Hao-T'ang (CMC 12/474)

Relying on Prestige to Usurp District Administration Author: Hu Shih-Pi (CMC 12/475)

First Priority Is to Punish Instigators Author: Hu Shih-Pi (CMC 12/47879)

440

441

443

444

Agitators

Forging of Official Documents Author: Ts'ai Chiu-Hsüan (CMC 13/48283)

Agitators Indulging in Upside-Down Tricks and Crisscross Maneuvers Author: Ma Yü-Chai (CMC 13/48485) Accusations

445

448

450

False Accusations Author: Ts'ai Chiu-Hsüan (CMC 13/485) Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Coaching Someone to Bring a Slanderous Charge of Having Caused Death Author: N.A. (CMC 13/490)

Uncle Accusing a Nephew of Poisoning His Own Father and Also of Having Fathered a Baby Born during the Mourning Period Author: Hu Shih-Pi (CMC 13/493)

453

False Litigation 454

No Reduction of Punishment for False Accusation of Plundering by the Common People Author: Hu Shih-Pi (CMC 13/49798)

456

False Accusation on Account of a Daughter's Death Author: Wu Yü-Yen (CMC 13/498)

Malicious False Litigation and Mistreatment of a Widow and Orphan Author: Controller-General of Chien(-Yang) (Present-Day Chien-Yang in Fu-Chien) (CMC 13/5045)

457

Resistance to a Summons

Enclave People Resisting a Summons by Hiding in Difficult Terrain Author: Hu Shih-Pi (CMC 13/5067)

459

Fraudulent Accusations

Using Someone's Death As a Basis for Fraudulent Accusations Author: Ts'ai Chiu-Hsüan (CMC 13/508)

Fraudulent Accusation after an Uncle's Death from Unknown Causes Author: Hu Shih-Pi (CMC 13/508)

A Cousin's Fraudulent Demand for Property Allegedly Belonging to His Dead Brother Author: Decision By The Staff of the Stabilization Fund Supervisor (CMC 13/515)

462

463

464

Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Outrageous Crimes

Murder and Arson Author: Ts'ai Ch'iu-Hsüan (CMC 14/523)

Violating a Fish-Saving Pond and Its Sacred Pavilion Author: Ts'ai Chiu-Hsüan (CMC 14/524)

465

468

Fraud

Fake Medicine Author: Hu Shih-Pi (CMC 14/52829)

469

Assaults

Competition in Selling Fish Resulted in Assaults Author: Weng Hao-T'ang (CMC 14/529)

471

Gambling

The Prohibitions against Gambling Are Based on Reason Author: Fang Ch'iu-Yai (CMC 14/533)

Gamblers Who Confess and Turn Informer Receive One Half of the Reward Money Author: Hu Shih-Pi (CMC 14/533)

472

473

Slaughtering Oxen

Ban on Killing Oxen to Be Fully Enforced Author: Hu Shih-Pi (CMC 14/534)

475

Devilish Teachings

Spreading Devilish Faith at a Lotus Hall Author: Ts'ai Chiu-Hsüan (CMC 14/53536)

476

Licentious Temples

Plot to Preserve a Licentious Temple for Wicked Gain Author: Hu Shih-Pi (CMC 14/54344)

479

Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Licentious Worship 481

Order the Circuit to Ban Human Sacrifices to Demons Author: N.A. (CMC 14/54546) Swindlers

482

Liu Liang-Ssu Usurping the Role of a Temple Supplicant Author: N.A. (CMC 14/546) Witchcraft

Judicial Commissioner's Remanding of the Case of Ts'ao Wan-Sheng's with Forbidden Acts Shih Author: Fan Hsi-T'ang (CMC 14/54849)

Charging Ts'ao Chiu-

483

Trafficking in Living Persons 485

Ban on Selling Living Persons Author: Wu Yü-Yen (CMC 14/54950) Anonymous Writings

487

Explanation Attached to Anonymous Placard Author: Weng Hao-T'ang (CMC 14/55051) Causing Fear at Ferries

488

Thirteen Deaths Resulting from a Boat Race Author: Ts'ai Chiu-Hsüan (CMC 14/55152) Being Tyrannical at Ferries

493

Tyranny at a Ferry Author: Ts'ai Chiu-Hsüan (CMC 14/553) Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Page 559

INDEX A aboriginal area (t'ung

) 99, 99N-108, 434, 460

academician of the Tuan-ming Pavilion, 137 academies, 13536 accusations (kao-chieh

) 66

acting commander (shuai

) 97, 97N-105

administrative assistants (p'an-kuan

), 77, 77N-50, 102, 155, 204

administrator for public order (ssu-li,

) 173, 330, 438

administrator of the diplomatic section of the bureau of military affairs (tu-hsia

) 267

adoption, 144N-1, 21519, 228, 228N-97, 243, 243N-118, 253, 273, 276, 28485, 313N-203, 453, 453N-51 aide in the palace library (pi-shu

), 135, 135N-8

amnesties, 155, 159, 167, 210, 275, 281, 330, 342, 397, 424, 424N-9, 476, 476N-83, 492, 492N-107, 492N-109 An-chi District

, 458

An-ch'ing Superior Prefecture An-fu Industrial District

, 148 , 409

An-hui, 110, 148 An-jen District An-ku

, 400

, 238

An-lu District

, 80

Analects 220N-85, 380, 380N-28 analogy, 159 archers (kung-shou

) 66, 66N-14, 78, 401, 414, 441

assistant director of the court of the imperial clan (tsung-ch'eng assistant magistrate (hsien-ch'eng auditing (chien-ch'iao

), 135, 135N-9

), 64N-7, 74, 74N-45, 96, 103, 127, 137, 192

), 254, 28791, 311, 403

autopsies (chien-yen

) 91, 91N-94, 452, 452N-48

B bamboo grid. See punishments betrothal, 33840, 424 betrothal fund (p'in-ts'ai

), 244

betrothal gifts, 25859 Book of Poetry, 186, 186N-53, 208, 208N-70, 247N-130, 365, 365N-12 Book of Rites, 369370, 378 boroughs (hsiang

) 332, 332N-227, 358, 373, 375, 41516, 41718, 425, 461

borough patrollers (hsiang-hsün

) 41516

bribery. See crimes brokers, 188, 196, 199, 251, 370, 39899, 486 Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Page 560 Buddhism, 98, 98N-106, 15759, 16567, 260, 327, 39197, 42022, 438, 443, 469, 477 bureau director in the ministry (lang-chung bureau of military affairs (shu-mi yüan

), 182 ), 71, 71N-35, 101, 267

C capital punishment. See punishments censorate, 69, 309, 439 certificate of official rank. See official rank Chang Kuai-yai

, 287, 302, 302N-191

Chang Yung

, 302 , 192

Ch'ang-hua District

, 166

Ch'ang-shan District Chao Yung-chai

, 273

chao-mu hsiang-tang

, 220N-83, 248N-132

Che-chiang, 64, 160, 166, 219, 407, 422, 425, 426, 436, 439, 442, 447, 449, 452, 458, 469, 485, 486 Chen Hsi-shan

, 63, 63N-3, 110, 371

Chen Te-hsiu

, 63N-3

Ch'en Hsiang

, 64, 64N-9

Chen-hui-wen-tzu Chi Prefecture

, 134 , 409

Chia-hsing Superior Prefecture

, 219

Chiang-hsi, 88, 97, 98, 104, 114, 148, 158, 279, 295, 387 400, 401, 403, 408, 409, 410, 433 Chiang Prefecture Chiang-tung chiao

, 97, 98

, 71, 71N-31, 439, 462

, 179

chief office of imperial clan affairs (t'ai-tsung cheng-ssu Chien Prefecture

, 395

Chien Prefecture

, 396

), 388N-4, 446, 446N-40, 468, 468N-66

Chien-ch'ang Military Prefecture

, 439

Chien-k'ang Superior Prefecture Chien-ning Prefecture

, 71

, 439

Chien-yang District

, 127, 127N-21, 182, 189, 396, 411, 428, 439, 457

Ch'ien-shan District

, 403

Chin-wu officer (chin-wu chiao-wei Chin-yung

, 93

Ching Prefecture

, 79

Ch'ing-yüan Superior Prefecture Chu Hsi

), 409

, 71, 71N-38

, 63N-3, 134, 134N-6, 13637

Chu-ko Liang, 67 Chu-ko Wu-hou

, 67 , 136

Chu Wen-kung Ch'u Prefecture

, 452

Ch'ung-an District Chü Ch'ing circuit (lu

, 424

, 83, 83N-70 or tao

) 68, 68N-20

circuit commissioner, 68, 68N-23 circuit supervisor (t'i-chü ssu

), 281

civil service examinations, 87, 114, 126, 138-41, 141N-16, 387, 408, 512 clarifying edicts, 321, 321N-213, 322, 334, 364, 402 Classic of Filial Piety, 233, 356 clerks (li

89, 103, 118, 227, 227N-94, 400N-23, 400-413, 422

chief clerk (tu-li

) 76, 93, 118, 405, 409, 418

filing clerk (t'ieh-ssu recording clerk (ya-lu collateral for a loan (ti-tang

) 76 or tien-ya

), 103, 405, 412

, 150, 19395, 19596, 204

commandant (hsiao-wei ) 88, 88N-88 Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Page 561 ), 97, 97N-104, 99, 164

commander-general (t'ung-ling commander in chief (ta-shih

) 461

commendations, 64, 7273 popular acclaim, 78, 10506, 106 commissioner of the bureau of military affairs serving to oversee a prefecture (shu-shih tu-fu commutation. See privileges concubines (ch'ieh

) 166, 22627, 25962, 270, 303, 31213, 410, 420N-6

conditional sale (tien-mai). See property confession, 183, 473, 473N-75 contract, 162, 183, 191, 191N-57 controllers-general (t'ung-p'an

), 63, 63N-1, 64, 68, 70, 72, 412, 42122, 457, 458

corruption. See crimes counter-punishment (fan-tso

), 337N-232, 337, 451

court gentleman for ceremonial service (chiang shih-lang court gentleman for instruction (chai-hsüan chiao-i

), 94 ), 339

crimes. abduction (including kidnapping), 42526, 427, 43738, 482, 48586 arson, 46566 assault, 85, 209, 239, 387, 420, 429, 448, 472, 472N-72, 494 banditry, 69, 98, 99, 102, 414, 416, 460, 467 bigamy, 343 breaking regulations (wei-chih

), 94, 94N-100

bribery, 73, 487, 487N-98 corruption, 81, 94, 95102, 117, 166, 166N-31, 295 counterfeiting, 9596, 43334 deceit and cheating (ch'i-man desertion (of marriage), 343 devilish religions, 431, 47682

), 209, 398

), 71

discord (pu-mu

), 236, 236N-109

"doing what ought not to be done," 154, 154N-19, 237N-110 extortion, 98, 103 false accusations, 45056, 46265 forgery, 96, 100, 290, 32022, 40506, 445 fraud, 93, 125, 326 gambling, 74, 173, 312, 313, 360, 388, 406, 416, 47274 homicide, 70, 98, 33031, 43435, 44850, 46566, 48993 illegal sale, 86, 218 lack of filial piety (pu-hsiao private crimes (ssu-tsu

64N-5, 35560, 371, 3747

), 87, 87N-83, 94N-100, 94

public misdemeanors (kung-tsui

), 87N-83, 94, 94N-100

rape, 419420 sedition, 98 sexual crimes, 218, 239, 337, 369, 370, 37778, 392, 412, 41920, 420N-5, 42223, 438 theft and robbery, 98, 122, 218, 285, 354, 354N-2, 370, 382, 433, 433N-18, 455, 460, 494 witchcraft, 48384 D deeds (ch'i , cheng-ch'i ), 154, 158, 163, 174 Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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department of state affairs (shang-shu sheng deposit receipt (shou-hui director (t'ai-p'an

), 105, 439

), 399

), 72, 72N-40

director in chief of the military commission (lu-fen director in the ministry (lang-chung

), 433, 433N-19

), 182

directorate of education (kuo-tzu chien

), 300

divorce, 34344, 350, 36871, 37778, 423 document store, 184, 338, 406 draft decision (ni

), 240

drawing lots, 153, 153N-16 E elders (ch'i-chang

), 142

equitable purchase rice (i-mi

), 11920, 122, 122N-10

escrow money (chiao-ch'ien

), 176

extinct households, 153, 158, 20405, 24147, 27982 F Fan Chung-yen Fan Hsi-t'ang

, 282, 282N-163 , 89, 89N-90, 92, 97, 123, 146, 148, 294, 301, 303

Fan Ying-ling

, 89N-90

Fang Ch'iu-yai

, 117, 132, 157, 162, 375, 382, 472

filial piety (hsiao

), 64, 64N-5, 354, 37174

filling lower posts (chieh-pu

), 89

fines. See punishments fiscal commissioner (chuan-yün shih

, ts'ao-chang

Fu-chien, 182, 395, 411, 424, 428, 435, 438, 439, 457, 485 Fu-yang District G

, 202

, or ts'ao-shih

), 68N-23, 79, 79N-58, 87, 132

gentleman for ceremonial service (chiang shih-lang gentleman for discussion (ch'eng-i lang

), 126, 126N-15, 300

gentleman of meritorious achievement (ti-kung lang gentleman of trust (ch'eng-hsin lang

), 94

), 119, 119N-8

), 88, 90, 93, 372

grand master for closing court (ch'ao-san tai-fu

), 127, 127N-16

graves, 181, 183, 188, 189, 32731 guard chief (pao-cheng

), 116

guard group scribe (pao-ssu

), 181

H hall of light (ming-t'ang

), 30

Han Chu-p'o

, 229

Han Ssu-chai

, 198, 255, 259

heirs, establishing of, 215252 Heng Prefecture

, 98, 100 , 95

Ho Prefecture

household division, 124, 164, 233, 233N-104, 238, 28687, 31112 households heads (hu-chang Hsi District

), 116

, 110

Hsi-an District

, 442 , 83, 139

Hsiang-hsiang District hsiang-kung

, 92

Hsiang River, 43, 68, 68N-22, 288 Hsiang-yin District

, 481

Hsien-chü District

, 64

Hsin-hua District Hsin Prefecture Hu An-kuo

, 122, 443 , 104, 114, 436, 488 , 134, 134N-5

, 76, 76N-49, 80, 81, 82, 111, 115, 119, 121, 138, 154, 274, 287, 316, 322, 331, 333, 335, 357, Hu Shih-pi 358, 363, 368, 369, 374, 377, 378, 380, 383, 398, 407, 414, 415, 417, 434, 443, 444, 453, 454, 459, 463, 469, 473, 475, 479 Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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Page 563 , 134

Hu Wen-ting-kung

Hu-nan, 64, 83, 89, 98, 101, 122, 138, 245, 246, 253, 288, 408, 433, 443, 481 Hui Prefecture

, 401, 402

Hung Mai

, 137, 137N-13

Hung-tu District

, 89

I I-huang District

, 148

I-yang District

, 400, 486

impeachment, 103, 104, 405, 408, 482 imperial clan, 118, 257, 38688, 391, 443, 452, 46849 Institutes of Chou, 417 instructors or (chiao-shou

or hsüeh-cheng

), 72, 94, 135, 277, 339

instructor of the hostel for imperial kinsmen (tsung-chiao irregular appointments (she

), 294, 294N-177

) 90N-91, 9095

J jails, 417 Jao Prefecture Jen-ch'ing

, 387, 407, 410, 439, 485 , 179

judges (t'ui-ssu

), 93

judicial commissioner (hsien-ssu , t'i-tien hsing-yü shih 68N-23, 100, 100N-109, 40708, 48384 judicial inspector (ssu-fa

), 81, 81N-63, 83, 240

judicial intendent (chih-lu

), 408, 408N-30

judicial office (chou-yüan

), 98

K K'ai-fu Temple, 39397 kinship relations. adopted sons (yang-tzu

) 269

or t'i-hsing an-ch'a shih

),

daughters, 17072, 265N-146, 28687 daughters-in-law, 341 fathers-in-law, 211 foster daughter (i-nü

), 245 ), 243, 243N-118, 26971, 28284, 30507

foster sons (i-tzu

grandsons, 175, 191, 197, 232 "heel-following" husbands, 27982, 34550 natural sons (chin-tzu

), 26970, 30305

nephews, 16364, 20002, 20608, 37880, 453 patrilinial descent groups, 167, 220, 220N-84, 246, 251, 256, 260 paternal uncle twice removed (t'ang-shu

), 151

sons-in-law, 15657, 223, 223N-89, 23739, 241, 241N-115, 28688, 34550 married-in (matrilocal) husbands, 223, 223N-89, 28688, 34550 stepmothers, 17072 stepson, 171 uncles, 16364, 20002, 20608, 27476, 453 widows, 17071, 248, 248N-131, 26264, 27982, 31415, 457 Kuan Tsai-chin

, 126

Kuang-hsi, 93 Kuang-nan, 420 Kuang-tung, 93, 95, 401, 408, 434, 438 Kuei-ch'i District Kuo Ch'ung-t'ao

, 104 , 85, 85N-75

Kuo Tzu-i , 85, 85N-75 Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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L ), 179

large guard (ta-pao

large guard chiefs (ta-pao chang

), 182

law on fields brought as dowry (chia-t'ien fa lawsuits (sung

), 169

), 64

Li-ling District

, 83

light rod. See punishments. Lin-an

, 93, 270, 431, 456, 477

litigation experts, 326, 44050 Liu Hou-tsun

, 113, 180, 286, 338, 341, 345, 365, 409, 422

Liu Ssu-ch'eng Lu Wen-an

, 435 , 13334, 133N-2

M Ma Yü-chai

, 448

magistrates (chih-hsien

or hsien-ling

), 64N-7, 74, 78, 80, 94, 103, 105

maidservants, 21718, 231, 256, 26567, 268, 27071, 351, 392, 424, 426, 42728, 439 market profit money (shih-li ch'ien

), 120

marriage 245, 33642 dowry 171, 245, 245N-125, 397 marriage endowments (chia-tz'u

), 244

remarriage, 152, 170, 235, 270, 279, 28284, 306, 315, 344, 346, 378, 424 measure surface rice (hu-mien-mi

), 120

mediation, 177, 186, 186N-51, 332, 332N-228, 366, 36667, 375, 38385 merchants, 67, 90, 39899, 435 Miao-yüan Cloister

, 15759

military. law, 77 local soldiers (t'u-ping

), 66, 66N-15, 78, 414

military administrator (lu-ch'ien

), 101, 106, 128

military commission (shuai-ssu

), 460

military commissioner (shu-hsiang 101, 288, 290, 309 director in chief (tu-chien

, an-fu ta-ch'ing

or an-fu shih

), 71, 83N-92, 100,

), 306, 306N-196

military staff of the area command (tu-tsan

), 69, 70

soldiers, 41415 minister (shang-shu

), 69N-28, 71, 71N-33

minister of personnel (li-pu ministry of justice (hsing-pu ministry of revenue (hu-pu

), 135, 388 ), 87, 330, 431, 456 ), 87, 172, 364, 431, 468

mourning rules and practices, 12426, 241, 241N-116, 249, 270, 315, 354N-2, 453 N Nan-k'ang Military Prefecture Ning-tu District

, 279

noble titles (chüeh

, feng

, 393, 401, 408, 409

, shih

), 13334

notary of the administrative assistant (ch'ien-t'ing kuan

) and notary office 7071, 71N-30, 85, 102, 136, 148

O office for public order (ssu-li yüan

or yu-yüan

), 173, 446

office for the editing of imperial pronouncements (ch'ih-ling so office investigator (ya-t'an

), 313

), 487

office of imperial clan affairs (tsung-ssu ), 388, 388N-4, 446 Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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southern office of imperial clan affairs (wai-tsung office of lawsuit documents (ts'u chuang ssu

), 465

offices of market directors (shih-ling ssu official households (kuan-hu

), 388, 388N-5

), 67

), 8485

official rank. certificates of, 8688, 90, 95, 99 irregular, 90, 90N-91, 91, 93, 94 through contribution or service, 86, 87, 92N-96, 94, 95, 158, 33031, 436 ordinances (ling

), 77, 77N-55

orphans, 26263, 29199, 457 P Pa-ling District

, 253

party of related concern (lien-fen jen patrolling inspectors (hsün-chien patrolling officers (hsün-chiao

), 151, 151N-13, 425 ), 78, 9799, 314, 327

), 425

pawnshops, 26061, 33334, 33536, 464 P'eng Ts'ang-fang piculs (shih

or

Pin Prefecture

, 393 ), 96 , 93

P'ing-chang Superior Prefecture

, 313

postal stations, 183, 114, 479 P'o-yang District precedents (li

, 160, 436

), 69, 69N-26, 119, 313, 313N-202

precincts, 292N-175, 478 precinct chief (yü-tsung precinct officer (yü-kuan prefect (chih-chou

), 434 ), 292, 434, 442

), 67, 67N-19

presented scholar (chin-shih

), 63N-3, 68N-25, 300

principal attendants (cheng-jen shih-tsung

), 71, 71N-36

prison citadel commands, 401, 447, 461, 478 privileges. commutation, 84, 452, 452N-49 legal, 87, 87N-85, 147, 147N-5 protection (yin

or shih-lu

), 78N-57, 81, 81N-65, 94, 12627, 175

tax, 12627 property. and women, 24045, 26567, 29499, 31415, 34550 common property, 167, 16869, 201 conditional sale (tien-mai

), 146, 146N-3, 149, 168, 17478, 186, 188, 193, 31620, 32022

land registers (chen-chi pu land remeasurement (ching-chieh,

), 158, 158N-24, 179 ), 158, 158N-25

official survey, 158 pension land (yang-lao t'ien

), 17072

redemption, 151, 151N-13, 174, 31620, 32022 punishments, 7677 beatings, 77, 77N-51, 85, 116, 383 bamboo grid (pi,

), 155, 155N-21, 157, 300, 387, 389, 454

cangue, 113, 116, 354, 444, 470 capital punishment, 71, 77, 93, 99, 102, 329, 372, 418, 433, 433N-18, 450, 484 commutation, 147 Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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punishments (cont.) confiscation of property, 90, 174, 291, 309, 316, 410 exile (liu

), 94, 99, 418

expulsion, 305, 351, 399, 429, 492 fines, 418 heavy rod, 868 light rod, 77, 85, 172, 438 military, 77, 77N-52 penal registration, 90, 95, 112, 113, 118, 122 penal servitude (t'u

), 949

registered control (pien-chih P'u-yang District

or pien-kuan

), 8687, 86N-81, 95, 96, 118, 275, 300, 305

, 174

R reader-in-waiting (shih-tu recorder (chu-pu

), 69, 69N-27

), 64N-7, 9192, 102, 173, 177, 181, 182, 225, 465

regulations on deceit and cheating (cha-ch'i t'iao reinquest (chien-fu

), 173

), 452, 452N-48

requisitioned service, 12327, 123N-12, 127N-17, 18, 19 restraining order (yüeh-shu revenue manager (ssu-hu

), 195 ), 159, 187, 188, 227, 229, 266, 321

S schools, 13237 scholar-official (shih-ta fu self-reformation (tzu-hsin

), 64 ), 64, 64N-6, 65, 82, 227, 358, 379, 417

Shan-tung, 79 Shao-wu Military Prefecture Shao-yang District

, 138, 288

, 370

Shen-t'u Tzu-lung

, 83, 83N-71

sheriff (hsien-wei

), 64N-7, 73, 78, 137, 176, 181, 292, 299, 314, 414, 435, 467, 478, 480, 482

sheriff-designate (fu-wei

), 93

Shih Mi-chien

, 78N-57

shrines (tz'u-t'ang

), 13637

Shun-ch'ing District

, 43537

signatory superintendent (ch'ien t'i-tu

), 137

Spring and Autumn Annals, 249 Ssu-ch'uan, 76, 396 Ssu-ma Kuang

, 134

stabilization fund supervisor (ts'ang-t'ai

), 79, 79N-59, 89, 245, 318, 464

suicide, 337, 429, 433, 436, 452 Sung Tzu-mu

, 97

superior guards (tu-pao

), 111, 114, 127, 179, 205, 325, 434

superior guard leader (tu-pao cheng

), 86, 86N-80, 114, 116, 123, 124, 139, 189, 326, 395, 399, 414, 445, 480

supervisor of the ministry (p'an-pu shang-shu ) surveillance circuit judge (ch'a-t'ui

, 69, 69N-289

), 428

T T'ai Prefecture

, 447

T'ai-p'ing Prefecture T'an Prefecture

, 71, 71N-32 , 64, 101, 122, 139, 197, 461

T'ang Prefecture

, 438

Taoists, 166, 448, 477 tatooing, 90, 115, 374, 374N-19, 388N-6 taxation, 11032 agents (lan-hu ), 11113, 117, 118, 39091, 391N-11, 434, 434N-22 Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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autumn land taxes, 120 collection, 11315, 11920 delinquency, 11516 evasion, 128, 149, 434 exemption, 99, 12627, 128 state purchase at reduced prices, 67, 86, 11920, 122 122N-10 supervisor (chien-shui

), 73, 73N-42, 81, 88, 8990, 164, 410, 443

tax rolls, 11011 tribute rice, 122 Ten Abominations (shih-o T'ien-shui

), 64N-5

, 362

town supervisor (chien-chen township (hsiang

), 326

), 110

township scribes (hsiang-ssu

), 110, 124, 125, 128, 139, 167, 401, 40607

Tradition of Tso, 65, 67, 167 transport commissioner (ts'ao-t'ai trousseau (chuang-lien

), 79

), 169

Ts'ai Chiu-hsuan , 68, 68N-25, 72, 91, 95, 105, 135, 136, 137, 272, 282, 291, 299, 305, 308, 310, 327, 328, 336, 351, 354, 355, 356, 361, 381, 390, 391, 392, 400, 402, 404, 419, 429, 440, 445, 450, 462, 465, 468, 476, 488, 493 Ts'ai K'ang Ts'ang-chou

, 68N-25 , 78

Tung-t'ing Lake, 68, 68N-21 Tung-yüan

, 149150

T'ung-ch'eng District

, 245, 245N-126, 246

V vice director (shih-lang

), 71, 71N-34, 99, 284

vice minister of justice (yu-ssu village servicemen (ch'i-pao

), 75 ), 128, 128N-22

W , 134

Wang An-shih Wang Shih-chai

, 140

Wen Prefecture Wen-tzu

, 469

, 134

Weng Hao-t'ang

, 163, 183, 276, 284, 314, 316, 343, 420, 441, 471, 487

White Deer Academy, 135 wills, 17072, 299302, 315 Wu Shu-chai

, 190, 193, 200, 210, 215, 219, 221, 222, 228, 262, 265

Wu Yü-yen

, 103, 159, 386, 406, 430, 456, 485

Wu-i District

, 447

Wu-kang Military Prefecture Wu-tzu

, 408

, 134

Wu-tzu Chü

, 83

Y Yangtze River, 71, 423 Yao Li-chai

, 172, 195 , 195, 206, 208, 234, 237, 254, 268

Yeh Yen-feng Yen Prefecture Yen-ling

, 422

, 422

Ying-te Prefecture Yung Prefecture

, 408 , 93 , 97

Yung-hsin Prefecture Yüan Prefecture

, 88

Yüeh Prefecture , 86 Start of Citation[PU]State University of New York Press[/PU][DP]1999[/DP]End of Citation

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