Some Remarks on Arrows in the Ancient Chinese Legal Process

Abstract

IN HIS VALUABLE ARTICLE of a f ew years ago, Note on Arrows and Oaths among the Mongols, (JAOS, 78 [1958], 279-294) Dr. Henry Serruys brought together much material on these and related subjects from diverse sources, adding illuminating comment of his own. A reading of this article brings to mind some similar phenomena from the Chinese side. Since Dr. Serruys also drew on early Chinese sources, it seems appropriate to call attention to this additional material in the pages of the Journal. First it will be remembered that a bundle of arrows has been represented as playing a significant role in the procedure whereby a plaintiff brought suit in ancient times. Such a bundle is said to have been placed before the king or prince, or his appropriate officer, acting as judge. The accused person indicated his intention to contest the action by presenting a similar bundle of arrows. The failure of the accused to submit arrows to match those of the plaintiff was taken as an acknowledgment of guilt, according to one commentator. This procedure was described by Maspero in one of his important contributions.' The great sinologue based his account upon a passage in the Chou 1i and Cheng Hsiian's interpretation of it. Unfortunately, he did not translate the passage himself, being only concerned to describe the procedure within a brief compass. He also referred in passing to a pertinent passage in the Kuo yit.