秦 · 漢時代의 士伍와 庶人

Abstract

Through the Sui HuDi Qin Bamboo Manuscripts 睡虎地秦簡which was exhibited on late 1970s, we could find out a lot about the characteristic of Qin 秦 Dynastics’s slave and a person who have the noble title. From the book, we found about Shi Wu士伍 and also the actual condition of subordinate people which I will talk about on my dissertation. The research was based on Qin legal text秦律. It described about Shi Wu 士伍that they were treated very importantly but by thelegal text of year 2二年律令, we could find more about them. Especially, On the legal text of year2 has contents about Shy Ren 庶人. Recently, Mr. Joong Hyuk Im 任仲爀defined the Characteristic and the general idea about Shi Wu and Shu Ren that Qin秦 and Han’s漢 rank of nobility is "the system that was converged into Shi Wu士伍". However, I felt that we should face this problem from different point of view. Particularly, Mr. Joong Hyuk Im 任仲爀understands the Shu Ren 庶人by a part of ‘the system’but I think there is a limitation to grasp of characteristic and its transitionby his point of view. The legal text of year 2二年律令 call the common people as Gong Zu公卒, Shi Wu士伍 or Shu Ren庶人. Common people did not have noble title. Shi Wu 士伍and Shu Ren 庶人were part of common people but they had difference by the law. Shi Wu 士伍used to live in Li Wu里伍 but they do not have an official post or a noble title. They were just an ordinary adult men who had their name on a family register. Shy Ren 庶人people were lower class than Shi Wu 士伍. From the legal text of year 2 二年律令, we can find many facts that we did not know before such as a regulation about heredity of noble title. People were restricted on giving amount of farm land and house by grade of noble title. A high rank of noble title could have their wealth until second generation or even third generation. However, the amounts of wealth that they had were decreased gradually except of Che Hou徹侯 and Guan Nei Hou 關內侯. Through the generation their rank was demoted to a lower rank and became a Shi Wu士伍. Si Kou司寇 and Yin Guan 隱官people who are the lower than Shi Wu 士伍can ascend their statue to be a Shi Wu士伍 by the second generation. Mr. Sinaichikou 椎名一雄concludes, Shu Ren庶人 does not serve on military service and the corvee. Shu Ren庶人 from Qin and Han’slegal 秦漢律was described as a criminal or slave who got released and deprived their noble title. Mr. Sinaichikou椎名一雄 talks about similarity between Jia Men假門, Ni Lü逆旅, Zhui Xu贅壻, Hou Fu後父 and Shu Ren庶人 of Sui Hu Di Qin Bamboo Manuscripts睡虎地秦簡. They can not form a family and they do not have right to have farm lands and houses. They also can not be an employee from anywhere. However, from Qin and Han’slegal秦漢律 it describes that Shu Ren庶人 does get farm lands and houses, and they can even form a family. On the book ‘the legal text of year 2 二年律令’, only Shu Ren庶人 is not mentioned on the social position which can be a Shi Wu士伍. The legal text of year 2 二年律令 describe that even son of Si Kou司寇 and Yin Guan隱官 who are on lower position than Shu Ren庶人 can be a right to Shi Wu士伍 not Shu Ren庶人. In connection, we should be take notice of the Law of Shu Ren庶人律 on a family law in the legal text of year 2 二年律令 戶律. This law of Shu Ren庶人律 can be analyzed as a law which is only about Shu Ren庶人. From that I think that Shu Ren庶人is just Shu Ren庶人 not Shi Wu 士伍. We can not identify when people become a Shu Ren庶人 or Shi Wu士伍after the deprivation of noble title but from the book Qin and Han’s legal秦漢律, if slave or criminal get liberated, they all become a Shu Ren庶人. Qin and Han’s legal秦漢律 also describes that if the criminal gets released, they do not become a Shi Wu士伍 which is a common people, but become a Shu Ren庶人 which is a level below than Shi Wu士伍. The similar substance of Shi Wu士伍 from the above is existing on the grave which was founded from west side in Qinshihuang秦始皇. It is written that a person who has noble title is resting there. People were even died because of the hard laboring. There was any chance that a person who has noble title could have reduction. The reason why Shi Wu 士伍does not have similar economic level is many reasons. Shi Wu士伍 from high social level through the generation and a son who became Shi Wu士伍 from low social classes through the generation are difference. Obviously the son of a high rank of noble title willbe economically stronger because their parents will give them farm land, houses, cows or even slave. If Shi Wu士伍from a high rank of noble title get married with someone who is economically strong they will be more stronger on their economic. There is big difference between having a wealthy wife’s and not having them. Therefore, every Shi Wu士伍 can not have same economical background. The system of Qin and Han’s rank of nobility was intended to make people becoming a Shi Wu士伍. However, there was serious gap between rich and poor. It is very hard to find the character of Shu Ren庶人. MR. Sinaichikou椎名一雄 said that Shu Ren庶人 is similar to the Qi Koe Shi七科讁 people who were excepted in military service and ｔｈｅ ｃｏｒｖｅｅ. However, I think that Shu Ren庶人 and Qi Ke Shi七科讁 are different. Actually, I think that Shu Zi庶子 from Shang Ju Shu Jing Nei 商君書 境內is more similar to the Shu Ren庶人. From Shang Jun Shu Jing Nei 商君書 境內, we can find out that if someone catches an enemy they get certain amount of farm land, house and also a Shu Zi庶子. There is a detailed matter about giving farm land and house even on the a family law in the legal text of year 2 二年律令 戶律. From Shang Jun Shu Jing Nei商君書境內, I noticed that Shu Zi庶子 was described as a person who have not noble title. The legal text of year 2 二年律令 was written that there is Gong Zu公卒, Shi Wu士伍 and Shu Ren庶人 who are common people who do not have noble title. Among them Gong Zu公卒 and Shi Wu士伍had to service in military and the corvee. Therefore Shu Ren庶人 was the only social class who could be labored. On the age law in the legal text of year 2二年律令 傅律 does not mention about Shu Ren庶人. As the noble title was higher, they had more farm land or house so they needed many slave to work for them. I think Shu Zi庶子 did not have a noble title and it was a Shu Ren庶人. The thing that they provided a laboring to a person who has noble title was a sign that Shu Ren庶人 was the corvee of a person under Jing Tian Zhi 井田制. His owner makes his slaves to be free, that does not mean that they will be free forever. If they do make a problem or do crime they are going to slave. Therefore even though the owner frees his slave to go and the slave becomes a Si Shu 私屬or a Shu Ren 庶人, it was conditionally free. The thing is even though the owner let the slave become a Shu Ren庶人, the slave is still belongs to the owner. More interesting thing is if the slave becomes a Si Shu私屬 or a Shu Ren庶人, they weredischarged with a laboring and paying head tax. This is same case with that Shu Ren庶人 who are excluded from the age law in legal text of year 2二年律令 傅律 and Shu Ren庶人 who was excepted from the corvee and military service. Many researchers think that on the period of Han Wen Ti 漢文帝, the rank of nobility from Qin and Han’s legal秦漢律 which was represent Sui Hi Di Qin Bamboo Manuscripts睡虎地秦簡 or the legal text of year 2 二年律令 become useless. End of the year 13 of Han Wen Ti 漢文帝, the sanction was reformed the criminal law to the imprisonment for a definite term from imprisonment for life such as Ｃｈｅｎｇ　Ｄａｎ　Ｃｈｏｎｇ城旦舂, Gui Xin Bai Qin 鬼薪白粲and Li Chen Qie 隸臣妾. They also abrogate the Rou Xing肉刑. I would like to think that on the year 13 of Han Wen Ti漢文帝 declare about the break down of rank of nobility and land system. When many slave in government employ was released to Shu Ren庶人, when imprisonment for life was changed to the imprisonment for a definite term, lots of Shu Ren庶人 was appeared. The system that was converged into Shi Wu士伍, and the rank of nobility of Qin and Han were collapsed. The connection between a slave and a criminal is two faces of coin. However, after the reform of criminal law of Han Wen Ti漢文帝 year 13 a slave and a criminal changed perfectly different.