
Excerpt from the Han dynasty civil case Su Jun v. Kou En, dated 3rd year of Jianwu (27-28 CE), recovered in 1974 from Juyan, China. The records for the case survived almost in full and provide a view into civil lawsuits of Han China. Translation of entire case in comments [687×1080]
by zhuquanzhong
3 Comments
Summary of case: A military officer named Su Jun accused a man named Kou En of owing him money through a faulty purchase. It is discovered through testimony that Su Jun misreported several facts and that not only did Kou En fully repay the debt, but Su Jun owes Kou En for several tools which he took from him. Kou En is released and Su Jun is reprimanded by his military command for this behavior.
Full translation:
Third Year of Jianwu, Twelfth Month, Day of Guichou, Beginning of the Month, Day of Yimao. (January 30, CE 28)
The bailiff Gong summoned Kou En to the township office according to the transfer document and the command post’s order from Jiaqu.
It is explained to En that at first, testimony is given regarding the crime based on material evidence, but if it does not correspond to the facts, and the amount embezzled is over 500 cash, and the confession has been made and finalized, then if three full days pass without anyone raising further objections or appeals, the case is judged according to the consistency of the confession and the evidence, applying the law on false accusations and counter-accusations for judgment. Then, the record is written, and the accused is questioned for verification.
En’s statement:
“I am from Nanli, Kunyang County, Yingchuan Commandery, sixty-six years old, surname Kou.
In the twelfth month of last year, the scribe of Jiaqu, Hua Shang, and the assistant officer Zhou Yu were ordered to transport fish for Su Jun to sell at Lude.
Shang and Yu could not complete the task.
Therefore, Shang provided one yellow ox, special breed, eight years old, appraised at 60 shi, along with 15 shi of other grain, totaling 75 shi.
Yu provided one black ox, special breed, five years old, also appraised at 60 shi, along with 40 shi of other grain, totaling 100 shi.
All were given to Su Jun, to serve as transport payment for the fish.
At that time, Su Jun borrowed En to carry the fish, totaling 5000 fish, to Lude. The price was one ox and 27 shi of grain, estimated that Su Jun, upon selling the fish, would receive 400,000 cash.
Then, Su Jun, having obtained Shang’s yellow ox, special breed, eight years old, gave En 27 shi of grain as compensation.
Two or three days before departure, Su Jun spoke to En, saying:
‘The yellow ox is weak. The black ox from Yu, though smaller, is fat. Their values are equal. Choose the one you find usable.’
En then took the black ox and left the yellow ox. It was not that En borrowed the ox from Su Jun.
En reached Lude and sold all the fish, but the money was insufficient. En therefore sold the black ox, and delivered 320,000 cash to Su Jun’s wife, Ye, short 80,000 cash.
Additionally, En placed on Ye’s cart:
One large cart axle half-piece, worth 10,000 cash;
One sheepskin bag, worth 3,000 cash;
One large bamboo box, worth 1,000 cash;
One stone grain sifter, worth 600 cash;
Two rope bundles, worth 1,000 cash.
All delivered together.
En returned with Ye, arriving at the third relay station. En purchased 2 shi of barley for Ye, worth 6,000 cash. At the Northern Post, En bought 10 jin of meat for Ye, worth 1 shi, 3,000 cash.
The total value of these items was 24,600 cash, all accounted under Su Jun’s household.
Woah, that’s amazing
This was an awesome read! love peaking back into normal everyday life from that far back! amazing to have these records still!