睡虎地秦墓竹簡‧秦律十八種·田律

Shuìhǔdì Qín Mù Zhújiǎn‧Qín Lǜ Shíbā Zhǒng·Tián Lǜ 睡虎地秦墓竹簡‧秦律十八種·田律

Bamboo Slips from the Qin Tomb at Shuihudi — Eighteen Qin Statutes (with the Field Statute as the first named statute)

About the work

The Qín Lǜ Shíbā Zhǒng 秦律十八種 (Eighteen Qin Statutes) is the most extensive legal text recovered from Qin tomb no. 11 at Shuìhǔdì 睡虎地, Yúnmèng County 雲夢縣, Hubei Province, excavated in 1975–76 and sealed around 217 BCE. The title “Eighteen Statutes” (shíbā zhǒng 十八種) is a modern designation by the editorial team (睡虎地秦墓竹簡整理小組), referring to the eighteen distinct named statutes that can be identified in the compilation. The Kanripo record KR2p0176 represents this entire compilation, with the Tián Lǜ 田律 (Field Statute) being the first named statute. This is the foundational source for Qin administrative and criminal law; its legal provisions are interpreted and applied in the Fǎlǜ Dāwèn (KR2p0177) and complemented by the Xiào Lǜ (KR2p0140) and the Qín Lǜ Záchāo (KR2p0141).

The Eighteen Statutes

The eighteen named statutes and their principal subject matter (in the order they appear in the text):

1. 田律 Tián Lǜ (Field Statute) — agricultural reporting, seasonal restrictions on resource use, and fodder levies
2. 廄苑律 Jiù Yuàn Lǜ (Stables and Hunting Parks Statute) — management and assessment of draft animals; lending and accountability of iron tools
3. 倉律 Cāng Lǜ (Granary Statute) — grain storage, accounting, rationing of state-owned labourers and convicts
4. 金布律 Jīn Bù Lǜ (Money and Cloth Statute) — coinage, textile standards, market transactions, accountability of assets and debts
5. 關市 Guān Shì (Passes and Markets) — market regulations, mandatory cash box use
6. 工律 Gōng Lǜ (Artisan Statute) — standardization of manufactured goods, measuring instruments, marking of official equipment
7. 工人程 Gōng Rén Chéng (Artisan Work Quotas) — production quotas for different categories of state labourers
8. 均工 Jūn Gōng (Equitable Work Assignment) — training periods and assessment of new artisans
9. 徭律 Yáo Lǜ (Corvée Statute) — mobilization procedures, penalties for failure to appear, construction works
10. 司空 Sī Kōng (Director of Works) — management of penal labourers, accountability for state vehicles and equipment, redemption of fines through labour service
11. 軍爵律 Jūn Jué Lǜ (Military Rank Statute) — conditions for military rank rewards, redemption of enslaved relatives through rank
12. 置吏律 Zhì Lì Lǜ (Statute on the Appointment of Officials) — seasonal appointment and dismissal of officials, procedures for filling vacancies
13. 效 Xiào (Audit) — accountability audit provisions paralleling the Xiào Lǜ (KR2p0140)
14. 傳食律 Chuán Shí Lǜ (Relay-Station Provisioning Statute) — food entitlements for officials and their servants at relay stations, graduated by rank
15. 行書 Xíng Shū (Document Transmission) — procedures for urgent and routine document dispatch
16. 內史雜 Nèishǐ Zá (Miscellaneous [Statutes for the] Interior Secretary) — various provisions for the Nèishǐ 內史 (office responsible for the Qin heartland)
17. 尉雜 Wèi Zá (Miscellaneous [Statutes for the] Military Commissioner) — provisions for the military commissioner’s office
18. 屬邦 Shǔ Bāng (Subordinate States) — provisions for the Shǔ Bāng 屬邦 office, which managed relations with subordinate non-Qin peoples, including transfer of enslaved persons between jurisdictions

Abstract

The Field Statute (田律). The Tián Lǜ is the first named statute and provides a representative example of the compilation’s approach. It opens with provisions for reporting agricultural conditions: whenever there is significant rain (yǔ wéi shū 雨為湗), or drought, or damage by locusts and other pests, or flooding, officials must immediately report in writing the number of qǐng 頃 (units of land area) affected. The report requirement extends to damage already seeded crops that subsequently receive rain. Near counties (jìn xiàn 近縣) transmit their reports quickly via fast messengers (qīng zú 輕足); distant counties transmit via the postal relay (yóu 郵). All reports must be submitted by the end of the eighth month.

The statute then specifies seasonal environmental protections: 春二月，毋敢伐材木山林及雍隄水 (“In spring, second month, do not dare to cut timber from mountain forests or dam rivers”). 不夏月，毋敢夜草為灰，取生荔、麛𠨫鷇，毋[敢]□□□□□□毒魚鱉，置穽罔，到七月而縱之 (“Outside the summer months, do not dare to burn grass [to make ash], to take young shoots, fawns, unhatched birds [in the nest], [or] to poison fish and turtles or set snares and nets — until [the restrictions are] lifted in the seventh month”). An exception is made for the wood required to build mortuary structures for untimely deaths (bù xìng sǐ ér fá guǎn xiǎng zhě 唯不幸死而伐綰享者，是不用時). During fawn season (mí shí 麛時), people may not bring dogs into the imperial hunting parks or other restricted enclosures (jìn yuàn 禁苑); dogs that enter without chasing animals may not be killed, but those that chase or catch game must be killed and confiscated. Hides from killed dogs must be submitted to the government.

Subsequent 田律 clauses govern the levy of fodder (chú 芻) and straw (gǎo 稾) proportional to the amount of land received (yǐ qí shòu tián zhī shù 以其受田之數): each qǐng 頃 (100 mǔ) must render three shí 石 of fodder and two shí of straw. The statute specifies that dried grass (huáng 黃) and bundles (shù 束) of a certain minimum size are acceptable; fodder may be transferred between counties in lieu of transportation.

The final Tián Lǜ clauses concern the removal and replacement of thatching from stored grain and fodder: whenever thatching or mats (jiàn 薦) are removed to check the grain, the quantity of stones must be reported to the county headquarters, and the thatching must immediately be replaced.

The Granary Statute (倉律). The Cāng Lǜ is the most detailed and extensive statute in the compilation. It governs every aspect of grain storage and rationing in Qin government granaries: the formation of standard grain stacks (jī 積) of 10,000 shí, the sealing and joint inspection procedures, the record-keeping system (lào jí 廥籍), and the rules for issuing grain to various categories of state-owned labourers and convicts. Monthly grain allocations are specified by category:

• Male lì chén 隸臣 (male state-owned slaves): 2 shí per month when working; nothing when not working
• Female lì qiè 隸妾 (female state-owned slaves): 1.5 shí per month when working
• Small lì chén (children not yet able to work): 1 shí per month
• Small female children (chūn 舂, pounders) able to work: 1.2 shí per month
• Infants without mothers: 0.5 shí per month
• Chéng dàn 城旦 (male convict labourers doing wall-building): 1.5 shí per day working, 1 shí on guard duty
• Prisoners being fed (shí qiú 食囹囚): one-third of a dǒu per day

Elaborate provisions specify how grain conversion is to be calculated: 粟一石六斗大半斗，舂之為䊪米一石 (“1 shí 6⅔ dǒu of millet husked = 1 shí of rough rice; 1 shí of rough rice = 9 dǒu of milled rice; 9 dǒu = 8 dǒu of milled and polished rice”). Seed-use rates are specified by crop: 稻、麻畝用二斗大半斗，禾、麥畝一斗，黍、荅畝大半斗，叔畝半斗 (“Rice and hemp: 2⅔ dǒu per mǔ; millet and wheat: 1 dǒu per mǔ; shǔ [glutinous millet] and cowpea: ⅔ dǒu per mǔ; soybeans: ½ dǒu per mǔ”). Provisions for chickens and dogs at granaries are regulated: 畜鷄離倉 (“Keep chickens away from granaries”) and dogs may be kept only for a limited period (qī zú 期足).

The Money and Cloth Statute (金布律). The Jīn Bù Lǜ standardizes monetary and cloth transactions. Official agencies receiving coin must seal bundles of 1,000 qián 錢 with the seals of the deputy (chéng 丞) and chief (lìng 令), and seal smaller amounts as well. Coin quality (good and bad) may be mixed (zá shí zhī 雜實之). Cloth (bù 布) must conform to standard dimensions: 8 chǐ long, 2.5 chǐ wide; non-conforming cloth is not in circulation (bù xíng 不行). The exchange rate is: 11 qián = 1 bù of cloth. Market traders and government officials may not selectively refuse coin or cloth (zé xíng qián, bù 擇行錢、布); failure to report such selective refusal incurs penalties. All goods offered for sale must have their price attached (yīng qí jià 嬰其賈).

The Corvée Statute (徭律). The Yáo Lǜ governs mandatory mobilization for labour: if a central mobilization order (yù zhōng fā zhēng 御中發徵) is issued and the called person fails to report (fá fú xíng 乏弗行), the penalty is two coats of armour. Being late by 3–5 days incurs reprimand; 6–10 days, one shield; over 10 days, one coat of armour. Rain exempts from mobilization. Detailed provisions govern the construction of enclosure walls for hunting parks and official horse pastures, and the annual cycle of repair and restoration of public walls.

The Artisan Statutes. The Gōng Lǜ 工律, Gōng Rén Chéng 工人程, and Jūn Gōng 均工 together govern state manufacturing. The Gōng Lǜ requires that items of the same type produced in the same workshop be identical in size and dimensions (xiǎo dà, duǎn cháng, guǎng jiā bì děng 其小大、短長、廣夾必等). Measuring instruments must be calibrated not more than once per year. Official equipment must be marked with the manufacturing agency’s name and permanent identifier (jiǔ kè 久刻); borrowed equipment must similarly be marked and returned with the mark. The Gōng Rén Chéng specifies production quotas for different categories of labour (winter rates lower than summer by the ratio 3:2 for arrow-shaft work). The Jūn Gōng sets the training periods for new artisans: one year to complete training under a good master, two years otherwise; those who complete early are rewarded; those who fail to complete within the quota period are reported to the Interior Secretary.

The Relay-Station Provisioning Statute (傳食律). This statute specifies the quantity and quality of food rations entitlements for official travellers at relay stations, graduated by rank:

• Imperial censorate staff (yù shǐ zú rén shǐ zhě 御史卒人使者): half a dǒu of milled rice (bài mǐ 粺米) + sauce + vegetable broth + onions and garlic
• Officials of bù gēng 不更 rank (4th of the 20-rank Qin noble-rank system) down to móu rén 謀人 (commoners serving the state): one dǒu of milled rice + half a shēng of sauce + vegetable broth + half a shí of fodder for animals
• Officials of shàng zào 上造 rank (2nd rank) down to clerical staff without rank: one dǒu of milled rice + vegetable broth + 22/20 shēng of salt

The Document Transmission (行書) and Interior Secretary Miscellaneous (內史雜). These sections govern the speed and procedure of official document transmission: urgent documents (shǔ jí zhě 署急者) must be relayed immediately; routine documents must be dispatched at day’s end. All transmitting officials must record the time and date of receipt and dispatch, and report lost documents immediately. The Nèishǐ Zá includes regulations on the appointment of officials, the requirement for written (not oral) requests to the government, and provisions for fire safety in official storehouses: 毋敢以火入臧府、書府中 (“Do not dare to bring fire into storage rooms or document storerooms”).

Significance. The Qín Lǜ Shíbā Zhǒng is the most comprehensive surviving source for Qin administrative law and constitutes the foundation for all modern understanding of how the Qin state managed its resources, labour, and officials. Together with the Fǎlǜ Dāwèn (KR2p0177), which interprets specific clauses of these statutes through a question-and-answer format, the Shíbā Zhǒng allows reconstruction of a remarkably detailed picture of the Qin administrative-legal system in the century before unification.

Dating. The statutes were in force during the reign of Qin Zhāowáng 昭王 (306–251 BCE) or earlier, and remained operative into the unified period. Certain provisions (e.g., the Nèishǐ Zá reference to “twelve commanderies” [十二郡]) suggest that some clauses were added or revised after the unification of 221 BCE. The tomb was sealed c. 217 BCE.

Translations and research

• Hulsewé, A.F.P. Remnants of Ch’in Law: An Annotated Translation of the Ch’in Legal and Administrative Rules of the 3rd Century BC. Brill, 1985 — annotated English translation; the Shíbā Zhǒng is translated as Section A.
• 睡虎地秦墓竹簡整理小組, 《睡虎地秦墓竹簡》, 文物出版社, 1990 — editio princeps with photographs, transcription, and extended commentary.
• Caldwell, Ernest. Writing Chinese Laws: The Form and Function of Legal Statutes Found in the Qin Shuihudi Corpus. Routledge, 2018 — most recent comprehensive study of the legal form and genre.
• Barbieri-Low, Anthony J., and Robin D.S. Yates. Law, State, and Society in Early Imperial China. 2 vols. Brill, 2015 — includes the Han successor corpus from Zhāngjiāshān; essential comparative context.
• Yates, Robin D.S. “New Light on Ancient Chinese Military Texts: Notes on Their Nature and Evolution, and the Development of Military Specialization in Warring States China.” T’oung Pao 74.4–5 (1988), pp. 211–248 — discusses the military provisions.
• Wilkinson, Endymion. Chinese History: A New Manual, 5th ed. Harvard University Asia Center, 2018, §20 (Qin documents) — overview.
• Lewis, Mark Edward. The Early Chinese Empires: Qin and Han. Harvard University Press, 2007, pp. 47–80 — situates the statutes in the social history of the Qin empire.
• Pines, Yuri et al., eds. Birth of an Empire: The State of Qin Revisited. University of California Press, 2013 — multi-author volume using the Shuìhǔdì corpus as a primary source.

Other points of interest

The Shíbā Zhǒng provides the most detailed picture available of the dietary economy of the Qin state’s captive labour force. The grain rations specified — with precise calibrations for working and non-working days, for children versus adults, for different categories of penal labour — reveal a state that calculated its obligations in food with the same precision it brought to the measurement of weights and the calibration of penalties. The provision that infants without mothers receive half a shí of grain per month (yīng ér zhī wú mǔ zhě gè bàn shí 嬰兒之毋母者各半石), and that even infants with mothers who are living together in a government facility (yú yǒu mǔ ér yǔ qí mǔ yōng jū gōng zhě 雖有母而與其母冗居公者) are also to receive the same ration, shows that the Qin state’s administrative precision extended to the most vulnerable members of its captive population.

The Field Statute’s seasonal prohibitions on cutting timber, burning grass, taking fawns and nestlings, and poisoning fish (春二月，毋敢伐材木山林…) constitute the earliest systematic Chinese environmental regulation. These provisions are not merely customary; they are state law with penalty provisions, enforced through the audit and accountability system.

Links

• Wikipedia (Shuihudi bamboo slips): https://en.wikipedia.org/wiki/Shuihudi_bamboo_slips
• Wikipedia (Qin dynasty law): https://en.wikipedia.org/wiki/Law_of_the_Qin_dynasty