(Translated by A.F.P. Hulsewe)

Translator’s Note: The texts belonging to the fifth group were first called provisionally“Models for trying cases”，chih yv ch'eng-shih （冶狱程式），but in fact，as discovered later (see SS，introduction，p.2，note 1) ，they are entitled“Models for sealing and investigating”，feng chen shih（封診式）．They consist of twenty five yvan shu（爰書），“reports” (El—E25) ．The following translation follows the order in which these texts were published in Werlwu l976／8．The 98 strips have a length of c．25 cm．or 1 foot 1 inch Ch'in-Han measure：they were held together by three sets of strings：at the top，in the middle and at the bottom．Each report is started on a new strip，with the result that quite a few strips are left partly blank．Strips completely covered with writing contain thirty characters，or a few more，rather closely spaced．The title of each“model”is written close to the top of the strip and the text then follows；the text on the following strips starts at the same level as the text on the first strip, leaving the top blank．

These“models”have been translated by Katrina C.D. McLeod and Robin D.S. Yates under the title“Forms of Ch'in law; an annotated translation of the Feng-chen shih”，in HJAS 41(1981)，PP．111一163，referred to in the following pages as“Yates”．There are several reasons why, in spite of the existence of this translation，I venture to present a rendering of my own．In the first place，I believe it to be useful that the complete information concerning the Ch'in laws should be available in one volume．Secondly, the existence of several annotated translations will，I hope，enable the serious student to draw his own conclusions concerning certain passages；du choc des opinions jaillit la verite．Finally，I may have profited from Chinese and Japanese studies which only appeared when the Yates-McLeod translation had already been sent to the printers．Professor Derk Bodde extensively discusses several of the following cases in his“Forensic medicine in pre-imperial China”，in the  journal of the American Oriental Society 102 (1982)，PP．1-15．

[E1] Trying lawsuits -- If in trying lawsuits it is possible by means of documents to track down his (or their) words，obtaining the facts of the person without using the bastinado is the best；applying the bastinado is inferior，(for) when there is fear，(everything) is spoiled．

[E2] Interrogating in a lawsuit．-- In all cases of interrogating in a lawsuit one should first listen fully to his (or their) words and note these down, (letting) each (of the persons questioned) set out his statement．Alhough (the investigator) knows that he is lying，there is no need to insist every time. When his statement has been completely noted down，and it cannot be understood，then insist on the points (which need) insisting．When，having insisted, one has again fully listened and noted down the explanatory statement，one looks again at other unexplained points and insists again on these．When one has insisted to the limit，but he has repeatedly lied，changing his words and not submitting，then，for those persons whom the Statutes warrant to be bastinadoed，bastinado them．When bastinadoing him，be sure to note down：“Report. --Because X repeatedly changed his words and made no explanatory statement，X has been interrogated with the bastinado．”

[E3] Sealing and guarding．-- Report from (authority) X of a district：Because of the letter from Assistantf (Prefect) X of X Prefecture，(I) have sealed the house，the wife and children，slaves，clothing，tools and cattle of A，a commoner of X ward who is under investigation．As regards A's house and the people：one house with two rooms，each with a door; the inner dwellings are all covered with tiles；a large wooden post at the gate; ten mulberry trees．The wife is called X；she had absconded and did not attend the sealing; A child: an adult daughter X, who does not yet have a husband．A child：a minor boy X，6 ft．5 in．tall．A slave X．A slave woman：a minor girl X．One male dog．(I) questioned the (Village) Chief XX，the member of A’s group of five all with the aristocratic rank of kung shih，XX，(saying)：“If A has [other] (property) war-ranted to be sealed and guarded，which (you) XX have omitted and not listed in writing，you will have committed a crime．” XX all stated：“A's property that had to be sealed is all this：there is nothing else that warrants sealing”．Thereupon (I) handed A's sealed (property) over to XX，to be guarded in turns (of duty) together with people of the village，awaiting (further) orders．

[E4] Under interrogation．-- I beg to report to the Head of X Prefecture：the man X is under interrogation．In his statement he said：“I am a commoner；I live in X village (or ward)”．You should determine his name, status and village (or ward)；for which crimes he has been adjudicated and sentenced；which crimes have been amnestied；whether he has perhaps been re-interrogated or not．Despatch persons who knows to seal and guard (his property etc.) according to the Statutes．(These persons) warrant the use of post-horses；for post-horses every case is to be reported．Of this I beg to inform the Head (of the Prefecture)．

[E5] Re-interrogation．-- I beg to report to the Head of X Prefecture：a man X made the statement：“(I am) a commoner，living in X village of X Prefecture；went away and absconded”．You should determine his name，status and village；for which crimes he has been adjudicated and sentenced which crimes have been amnestied；whether he has (perhaps) been re-interrogated or not；inspect whether he has been registered as absconding：when he absconded as well as when he evaded service, this was each time during how many days? Despatch persons who know：they warrant the use of post-horses：for post-horses every case is to be reported．Of this I beg to inform the Head (of the Prefecture) ．

[E6] An absconder comes forward voluntarily．-- Repport from (authority) X of the District; the man A came here of his own accord．His statement is：“(I am) a commoner：I live in X village．In the past second month，on a unknown day, I left and absconded．I have not been adjudicated for other (misdeeds)．Now I have come forward voluntarily.” He was asked…name and status．It was established that on the day ping-tzu of the second month he wandered about and absconded：in the course of the third month he evaded service for building a palace during twenty days．For the fourth year，the third month，the day ting-wei，it is registered that on the whole he absconded during five months and ten days．He has not been adjudicated for other (misdeeds)．Nobody has reinterrogated him．I have handed A over to the (Village) Chief B for investigation．Now I have ordered B to escort him to proceed to be sentenced．I beg to report this．

[E7] A robber voluntarily denounces himself -- …report：A，with the aristocratic rank of kung shih，of X village，voluntarily denounced himseif, saying：“On the last day of the fifth month，together with the commoner C of the same village，I robbed one thousand cash from the commoner D of X village．I have not been adjudicated for other (misdeeds) ．I have come to denounce myself voluntarily and to denounce C．” Immediately an order was given to the [Prefectural] Clerk to go and arrest C．

[E8] … [arrest] ．-- Report．The man A bound and brought along the man C．His statement is：“(I) ，A，am a former commoner，living in X village．In the past fourth month I stole an ox and absconded．C has been adiudicated for murderously...a man，(but) he absconded．Yesterday in the day-time (I)，A，seeing C hiding among the labourers in the market, arrested him and came with him，coming forward voluntarily”．A has not been adjudicated for other (misdeeds)．

[E9] … Report：the commoners A and B of X village bound and brought in the men C and D，as well as 110 new cash and two sets of cash-molds．They denounced them，saying：“C surreptitiously cast these cash；D helped in the casting． (We)，A and B，arrested them，and，searching their house，we found these cash-molds．We have come to bring them in”．

[E10] Stealing a horse．-- Report．The thief-catcher of the post on the thor-oughfare south of the market in X ward， (called) A，bound and brought in a man C，as well as a horse，a piebald mare … on the righthand side，an orange lined gown with silk lining，a large bordered collar and sleeves as well as shoes．In his denunciation he said：“C stole this horse and these clothes．To-day I saw him beside the post；I arrested him and came，bringing him jn．”

[E11] A dispute about a cow．-- Report．The Kung shih A of X viIlage and the commoner B brought in a cow，with a long halter and with horns．They reported，saying：“This is the cow of A and B；it ran away. We each recognize it. Together bringing it in we have come to dispute it.” Thereupon I ordered the Prefectural Clerk X to estimate the cow's age; the cow was already six years old．   

[E12] Gang robbery．-- Report．A，the Hsiao-chang of post x，and the thief-catchers B and C in X village，bound and brought in the man D，one severed  head，two complete cross-bows and twenty bolts．He reported，saying：“D and the man to whom this head belonged forcefully attacked and in a gang robbed people．Yesterday，when (I)，A，leading B and others，on partrol came to Mount X，we saw D together with the man to whom this head belonged and arrested them．These crossbows and bolts are D's as well as the man's to whom this head belonged．The man to whom this head belonged used this crossbow and bolts.…B；so，with a sword he felled him and collected his head．As the mountain was rugged，we were unable to take the body out of the mountain．[On interroga-tion] D in his statement said：”I am a commoner，living in x village .This head (belonged to) the commoner E of X village．Together with (me)，D, and the commoners F，G and H of X village，we forcefully attacked and in a gang robbed the house of the Kung Shih X of X village, and having stolen 10,000 cash, we left and absconded．F and the others were caught earlier．(I)，D，together with E，having left and absconded，roamed about without a place to stay．Yesterday we were staying at Mount X．A and the others then arrested (me)，D，and E shot at B，(who) then felled and killed him and collected his head．” None have been adjudicated for other crimes．To examine a head without examining the body is permissible．

[E13] Snatching away a head．-- Report from (authority) X at Headquarters：A，a commoner of X Village，bound and brought in a man C，as well as one severed head; a man D accompanied them．He reported，saying：“(I)，A，am a private functionary of colonel X，taking part in the battle of Hsing-ch'iu city．To-day I saw C at the headquarter's company straight-away felling and wounding D with his sword and snatching away this head．I then arrested him and came，bringing him in”．We have examined the head and we have already examined D; we have also examined the condition of his wounds.

[E14]...X report：“A commoner A from X village and a Kung Shih from Chenga (living) in X village，called C，together brought in one severed head．They reported，saying each："(I)，A，(resp．I) C，fought at the city of Hsing-ch'iu，and this is the head (I)，A，(resp．I)，C，took．(We), A and C quarrelied about this and we have come to bring it”．On examing the head (it was found that) …hair．On the right temple there is a wound，five inches long，and so deep that it enters into the bone，resembling the traces of a sword．The neck region is irregular and mangled． By letter (I) enquired about the head，saying：“If there are persons missing from their squad as well as persons who have been delayed and who have not come，send (someone) to come and recognize (the head) at the commander's camp”．

[E15] Denouncing a slave. --The commoner A of X village bound and brought in a man C；in his denunciation he said：“C is (my)，A's，slave．He is arrogant and obstreperous．He does not work the fields．He does not obey (my)，A’S，orders．I wish to sell him to the government，to be amputated and to be made a ch'eng-tan，and to receive the price”．When C was interrogated, he said in his statement：” I am A's slave．I have been really obstreperous and have not obeyed A's orders．A has never liberated (me) C．I have no illness：I have not been adjudicated for other crimes．” An order was given to the Prefectural Clerk X to examine C：he has no illness．An order was given to the Treasurer X and the Assistant (Clerk) to price C by the correct market price before the Assistant (Prefect) X. C is an average person；the price was so and so many cash．The Assistant (Prefect) X informs the Head of X District：“The man C is under interrogation．In his statement he said：‘I am a slave of commoner’A of X village’．Establish his name，status and village，the crimes for which he has been adjudicated，which crimes have been amnestied，whether some-body has reinterrogated him，whether A has ever liberated C and re-enslaved him or not．Seal and guard (his property and dependents) according to the Statutes．When (this communication) reaches you，report (its arrival) in writing．

[E16] Tattooing a female slave．-- The Kung Shih A of X village bound and brought in an adult woman C and reported，saying；“(I am) am a household official of the wu ta-fu B of X Village．C is B's slave woman．B makes (me)，A，say：‘C is obstreperous．I request that C be tattooed and have her nose cut off．’C，on being interrogated，said in her statement：' (I am) B's slave woman.' She has not been adjudicated for another (crime) ．” The Assistant (Prefect) X informs the Head of X District: A, a houshold official of the wu ta-fu of X Village brought in B's slave woman C：saying：‘B has ordered (me)，A，to request that C be tattooed and have her nose cut off’．Enquire whether (things are) as he says or not, Determine name，status and village，(the crimes) for which she has been adjudicated and sentenced，and whether she has perhaps been re-interrogated or not．Report in writing．”

[E17] Banishing a son．-- Report：“A，a commoner of X Village，said in his denunciation：‘I request to have the feet of my own son, C, a commoner of the same village，fettered and to have him banished to a border prefecture in Shu, with the iniunction that he must not be allowed to leave the place of banishment．This I beg to announce．” I inform the Head of Fei-ch'iu：“The commoner from Hsien-yang, living in X Village，called C, has been adjudicated because his father A requested to have his feet shackled and have him banished to a border prefecture in Shu，with the injunction that to the end of his life he be not allowed to leave the place of banishment．We have sentenced him and we banish C according to A's denuncia-tion，to be guaranteed according to the Statutes．Now we have fettered C's feet．An order has been given to official(s) and conscripts to lead and transfer (him)，as well as one... letter to be taken to the Prefectural Clerk，so that he will receive and replace the official(s) and the conscripts．He is to be transferred through successive prefectures and to be taken to Ch'eng-tu. In Ch'eng-tu the．．．letter is to be presented at the place of the Grand Administrator．He is to be fed according to the Statutes．When Fei-ch'iu has already transferred (him)，a report is to be made．This I beg to report to the Head．”

[E18] Denouncing a son．-- The commoner A of X Village said in his denun-ciation：“(My)，A's，own son，the commoner C of the same village，is un-filial．I request to have him killed．” This I beg to announce． Forthwith the Prefectural Clerk E was ordered to go and arrest him．Prefectural Clerk E's report：“Together with the Prison bond．servant X I arrested C：we found him in the house of X．” The Assistant (Prefect) X has interrogated C；in his statement he said：“(I am) A's own son；I have been truly unfilial towards A．” He has not been adjudicated for another crime．

[E19] Leprosy．-- Report．A，Chief of X Village，brought in a commoner C from (his) village：in his report he said:“I suspect he is a leper，and so I came and brought him in．” On being interrogated，C said：“At the time I was three years old，I suffered from boils and my eyebrows fell out；it was impossible to know what disease this was”．He has not been adjudicated for another(crime)．I ordered the physician D to examine him．D reported and said：“C has no eyebrows．The bridge of his nose is severed．The nasal cavity has collapsed．When his nose is pricked，he does not sneeze．Elbows and knees... attaining... Both lower legs are crippled．(There is) one running sore．His hands have no down．When made to shout， the breath of his voice gave out．(This is) leprosy．”

[E20] Death by murderous intent．-- Thief-catcher A of post X in his an-nouncement says：“At the place X within (the area of) my post there is the corpse of a murdered (person)，with bound-up hair，a man，(I) do not know who. (I) have come to announce (this)”．Forthwith an order was given to the Prefectural Clerk X to go and investigate．Report of the Prefectural Clerk X：“Together with the Prison Bond．servant X I went to A to investigate. The corpse of the man lay South of X's house，fully on its back．On the left corner of his neck there was a wound made with a blade and on the back two (wounds)，all vertical to the neck and the back, each four inches long，stuck together, and each one inch wide，all depressed,  resembling (wounds made by) an axe．The temples and cheek bones had all bled，(the blood) covering and staining the neck，the back and the ground；of all these it was impossible to establish the width and the length. For the rest he was intact．He wore a hempen unlined skirt and jacket，one piece each. The back of his jacket，facing the wounds，had been torn with a blade in two places．Corresponding to the wounds，the back of the jacket and the centre of the front-flap … were stained with blood．To the west of the man there was one pair of Ch'in silk shoes，one at over six paces，the other at ten paces; shoeing him with the shoes，they fitted him. The ground being hard，we were unable to recognize the murderer's footsteps. The man is an adult，of pale colouring，his length is seven feet and one inch，his hair is two feet long．On his belly there are two ancient moxa scars. From the place of the man's corpse to the police．post X (the distance is) one hundred paces, as to the farmhouse of the commoner C of X Village two hundred paces．An order was given to the Prefectural Clerk A to bury him，covered by the hemp-cloth skirt，awaiting further) orders，and to take the jacket and the shoes and bring them to (Prefect's) office. An interrogation was held of A，the men of the police-post as well as C, (to ascertain) whether they knew on which day the man had died, and whether they had heard him shout “Robbers!” or not.

[E21] Death by hanging．-- A，Chief of X Village says：“The commoncer C of (my) village has died by hanging in his house；I do not know the reason．I have come to report．” Forthwith the Prefectural Clerk X was ordered to go and investigate．Report from Prefectural Clerk X：“Together with the Prison Bondservant X and A，C's wife and daughter I investigated C. C's corpse was hanging on a rafter of the north walp of the east room of his house，facing south．He had used a hemp rope，as thick as a thumb．and looped it，tying the neck，with the loop-knot on the nape of his neck．The upper end of the rope was knotted on the rafter，winding it around twice and tying the rope；the remainder was not quite two feet long．His head was two feet distant from the rafter；his feet did not touch the ground (but for) two inches．His head and back touched the wall．His tongue was level with his lips．Feces and urine had been discharged，soiling both legs．When the rope was untied，the air of his mouth and nose escaped like a sigh．Along the trace of the rope there was congealed blood around his neck except for two inches．Elsewhere there were no traces of sharp weapons，wood or rope．The rafter was one span thick and three feet long；to the west，it was two feet away from an earthen platform. From the top of the platform it was possible to lead and knot the rope. The soil was hard，so that it was not possible to recognize people's footsteps．The length of the rope was ten feet．He was dressed in an unbleached hemp jacket and skirt，one piece of each．He was barefoot…“lmmediately an order was given to A and the daughter to transport C's corpse and take it to the (Prefect's) oiffice．
   
When investigating，it is essential first carefully to examine and consider the traces. One should go alone to the place where the corpse is and consider the knot of the rope．If at the place of the knot there are traces of a noose，then observe whether the tongue protrudes or not，how far the head and the feet are distant from the place of the knot and the ground，and whether he had discharged feces and urine or not．Then untie the rope and observe whether mouth and nose emit a sigh or not．Then observe the condition of the blood-congealing along the trace of the rope．Try to free the head from the knot in the rope．If you can free it，then… his clothes and completely observe his body，from inside the hair on his head down to the perineum. If the tongue does not protrude, if mouth and nose do not emit a sigh，if there is no congealed blood along the trace of the rope，if the knot in the rope is so tight that it cannot be slipped off,...Since he has been dead for a long time，mouth and nose may perhaps not be able to produce a sigh．People who kill themselves must first have had reasons．Question the members of his household in order to have them reply concerning the reasons．

[E22] Robbery by tunnelling．-- Report．The commoner B of X village reported and said：“Yesterday night, I stored (my)，B's，lined gown，one (item)，in (my)，B's side room and shut the door．(I)，B，myseIf alone with my wife C in the night lay down in the main room．When this morning I rose and opened the door to fetch the gown，others had already tunnelled into the side room，penetrating into the room，and the gown was not to be found. I do not know who the tunnelling robbers were，nor their number．No other things are missing．I have come to denounce9 this．” Forthwith an order was given to the Prefectural Clerk X to go and investigate and to catch the thieves．Prefectural Clerk X's report：“Together with the District… bond-servant X，B，and the (Village) Chief D，I went to invesrigate B's side-room．The side-room is to the east of the main room and adjoining it；it faces south and has a door and behind the room there is a small veranda. In the centre of the room there was a fresh hole：the hole penetrated into the room．The lower edge of the hole was level with the small veranda. Above，it was two feet and three inches high，below, it was 2 ft. 3in. wide. Above, it had the shape of a pig's hole. The means whereby it was dug resembled a broad chisel：the traces had a width of… and two thirds of an inch．The earth from the hole was on top of the small veranda；facing the hole，the earth had been scattered and partly introduced inside the room．Inside the room as well as inside and outside the hole，the earth's surface had traces of knees and hands，six each．On the earth outside there were four places with traces of Ch'in silk shoes．1 ft. 2 in．long．Their front，where the silk was dense，had a length of 4 in., in the middle，where it was sparse，5 in．，and at the heel，where it was dense，3 in．The traces of these shoes resembled old shoes．North of the room there was a wall：the height of the wall was 7 ft．North of the wall there was an alley．From north of the wall it was a distance of l0 ft．to the northern edge of the small veranda；the eastern (end of the) wall was five paces distant from the room．On its top there was (some) fresh small damage，the damage facing outside from the centre，resembling traces of feet having crossed it，but their size could not be measured．Because under the veranda and outside the wall the ground was hard，tracking was not possible．We do not know the number of the robbers，nor where they went．Inside the room there was a bamboo stand；the stand was in the north-east (corner) of the room，4 ft．each from the north and the east wall．It was l ft．high．B said：”... gown was in the centre of the stand．” On being interrogated B and C both stated：“B in the second month just past made this garment，(using) 50 ft．，a silk lining with five catties of floss stuffing，and 5 ft．of...silk for the borders as well as for the edges．We do not know who the robbers were，nor the time (of the robbery)．We have no suspi-cions”．On being interrogated，D and the member of B's group of five, the commoner…，said：“We have seen that B possessed a lined gown with．．．borders and edges; it was new．We do not know of which material
the lining．．．was，no the circumstances of its disappearance．” Based on this，we estimated the price of the gown．

[E23] A miscarriage．-- Report．A，the wife of a commoner of X village，made a denunciation，saying：“(I) ，A，had been pregnant for six months. Yesterday，in the daytime，I fought with the adult woman C of the same village． (I)，A，and C grabbed each other by the hair．C threw (me)，A，over and drove me back．A fellow villager，the Kung Shih D，came to the rescue and separated C and (me)，A．As soon as (I)，A，had reached my house．I felt ill and my belly hurt；yesterday evening the child miscarried．Now (I)，A，have wrapped up the child and I have come to bring it，and to denounce myself and to denounce C．” Forthwith an order was given to the Prefectural Clerk X to go and arrest C．Immediately I inspected the baby (to see whether it was) male or female，whether it had grown hair，as well as the condition of the placenta．Furthermore，an order was given to a bond．woman who had several times given birth to inspect the blood coming out of her front paroa as well as the condition of her swellings．I interrogated the members of A's household about A's situation when she had reached her house，as well as the circumstances of the pare in her belly and of the child's coming forth．Report of the Assistant (Prefect) B：Order was given to the Prefectural Clerk X and the bond-woman X to inspect the child which A had brought along．Before，it had been wrapped in a hemp cloth：it had the appearance of congealed blood，as large as a hand；it was not recognizable as a child．When it had been placed in a basin with water and shaken，the clotted blood was a child．Its head, body，arms，fingers，and from the thighs down to its feet and toes，it resembled a human being．but it was not possible to recognize the eyes，ears and nose，or whether it was male or female．When taken out of the water，it again had the appearance of clotted blood．Another model says：An order was given to the bond-women XX who had several times given birth to inspect A．All said：“There is dried blood on the sides of her front part．At present still blood comes out，but only a little；it is not menstruation．When X once was pregnant and miscarried，her front part as well as the blood coming out were like A...’

[E24] Poisonous words．-- A，a Kung Shih of X Village，and others，(in all) twenty men，brought in their fellow-villager，the commoner C．All denounced him，saying：“C has … poisonous words：(we)，A and the others，obiect to drinking and eating with him．We have come to denounce him．” Immediately a detailed note of A's and the others' names and status was made on the back of a tablet．On being interrogated C said in his statement：“D，my maternal grandmother from the same village，was adjudicated for ... poisonous words；when she was over thirty years old, she was banished．When in (my)，C's，household there are sacrifices，we invite A and the others，but A and the others are unwilling to come；they also never Invite (me)，C，to drink．When there are sacrifices in the village (I)，C，together with the villagers as well as A，meet to drink and eat，but nobody is willing to share a cup or a dish with (me)，C．A and the others，as well as the brethren of the village，as well as other people who know (me)，C，all object to drinking and eating with me，but (I)，C，do not carry poison．” C has not been adjudicated for any other (crime)．

[E25] Fornication．-- Report．A，a commoner of X Village，brought in the man B and the woman C．In his denunciation he said：“B and C fornicated together．Yesterday in the daytime。I saw them at the place X．I arrested and fettered them and I have come to bring them in．”