From Archive to Handbook: Anthologies of Administrative Documents in the Qing
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Transcript of From Archive to Handbook: Anthologies of Administrative Documents in the Qing
~--~-~----------'-=====""""""'---~:-------~
-~~J!l~ ti ~~11~1* 5t ,p]f1t
<Ml~*)
~ ~ 1§ (Pierre-Étienne Will)
Papers from the Fourth International Conference on Sinology
EXPLORING THE ARCHIVES AND
RETHINKING QING STUDIES (Offprint)
From Archive to Handbook: Anthologies of Administrative
Documents in the Qing
Pierre-Étienne Will (~~ 1§)
Collège de France
Academia Sinica
Exploring the Archives and Rethinking Qing Studies Papers from the Fourth International Conference on Sinology Taipei: Academia Sinica, 2013
From Archive to Handbook: Anthologies of Administrative
Documents in the Qing
Pierre-Étienne Will ( ~~1t )*
This essay is about two different types of anthologies of administrative
documents intended as models for officiais. The first type, which emerged in the late
Ming, consists of (mostly) published collections of administrative papers (gongdu)
by individual officiais. They include administrative correspondence, reports,
proclamations , judgments, and other genres. Questions such as actual authorship,
why and how gongdù anthologies were compiled, and the connection between
public and private archives are examined. A few collective gongdu anthologies were
also published in the l 660s and l 670s. The second type consists of anonymous
compilations of judicial materials culled from government archives, both printed and
manuscript. They are typical of the eighteenth and nineteenth centuries, and mostly
feature leading cases (cheng'an) and Board memoranda (shuotie). Whereas the first
type was meant to offer individual examples of administrative excellence, the second
type provided administrators with convenient overviews of the legislation in force and
with authoritative interpretations of the Penal Code. A large number of titles are cited
* Collège de France
146 / Pierre-Étienne Will
and described along the way.
Keywords: official handbooks '§'Ji& , official documents i}l\R , leading cases J5.lG
~ , Board memoranda filt~i!i , Bureau of Codification ~-f§dâê;
From Archive to Handbook / 14 7
It has long been remarked that official handbooks ( guanzhen '§~) and
anthologies of documents ( gongdu 0mf ) are two sides of the same thing, namely,
didactic materials for administrators: the former include admonitions on the
ethical and technical aspects of government, whereas the latter provide examples
of actual government. 1
Anthologies of documents are the subject of this essay. Their shared
characteristic is that they are composed of administrative pieces of various
descriptions, sometimes in abbreviated form, in principle faithfully reproducing
the language of the original documents, and with no or very little commentary.
In other words, their form and contents are fairly close to those of the actual
archives from which they have been extracted. Beyond these commonalities,
however, several important distinctions need to be made. The first of these is the
one between, on the one hand, anthologies of their own documents published by
individual authors (or "private anthologies"), and on the other hand, anonymous
collections of documents-judicial documents in the majority of cases-directly
extracted from the public record or from government archives.
As we shall see later, further distinctions need to be made within each
of these two large categories. Before going into details, however, it seems to
me necessary to stress the basic difference of intent that distinguishes them
from one another. Though both categories were meant to provide their users
with documents that might guide them in their everyday administrative work,
private anthologies were premised on the notion that their authors (i.e., the
authors of the documents anthologized) were model officiais: typically, while
1 See for example Niida Noboru 1::.-11'- ta~, "Ôki bunko yinxiangji" .:k.-*3(.Jf fp ~"tê., in Riben guo Ôki Kan'ichi suocang Zhongguo faxue guji shumu El ;.f..~ .:k.-*-T-?!T,i. tf ~ * -!ffe;lr,fi:f § (Beijing: Falü chubanshe, 1991).
148 / Pierre-Étienne Will
the authors themselves would claim in their preface that they were no more than
ordinary officials-just very hard-working and uncompromisingly upright-the
colleagues, disciples, and sons who wrote the other prefaces spared no words
to celebrate them as outstanding exemplars and insisted that publishing their
papers would provide a model of dedication and excellence to the profession.
In contrast, the anonymous collections of documents are more like databases
o:ffering a collective and neutral view of current and correct practice.
In other words, the persona! dimension of private (individual) anthologies
is what de:fines them: despite many variations, their central subject remains the
official and his individual agency, as perceived through his words and deeds;
whereas in the collective anthologies the officiais recede into anonymity:
inasmuch as they f eature at all in the documents, they are no more than
servants-more or less efficient and reliable servants-of a government machine
de:fined by its regulations and procedures; and it is the last that are at the center
of the entire effort.
1. lndividual Anthologies
With rare exceptions, individual anthologies of administrative documents
started to be compiled and published in the sixteenth century. 2 In the :first known
instances the authors are provincial officiais (investigating censors or grand
coordinators), but thereafter we :find anthologies by officiais of all ranks, from
govemor-general down to district magistrate. Such collections were published in
increasing numbers until the end of the imperial regime and beyond.
2 The exceptions include, essentially, a few collections of directives by Zhen Dexiu Jt f.t !§
(1178-1235), found in various congshu under the titles Zhen Xis han zhengxun Jt i1fu J.i .iQ iJI! ,
Yu liaoshu wen ~1*-~ :X. , and Yu su wen ~%:X. .
From Archive to Handbook / 149
1.1. The Question of Authorship
The authorial dimension in individual anthologies is emphasized by the fact
that the pieces they contain are almost always presented as texts written by the
official whose name usually features as "author" (with words like zhu ~or zhuan
~) on the cover-leaf and at the beginning of the chapters. The main categories
of documents in the anthologies of a "generalist" character-i.e., dealing with
every aspect of local government-include (1) communications with other
officiais, both above and below, (2) proclamations ( gao '5- , or jin ~ when they
are prohibitions) to the population, gentry, and lower administrative personnel,
and (3) judicial decisions. Even though their contents may be fairly routine, the
:first two genres imply at least some personal commitment and responsibility on
the part of the official who speaks in the :first person (whatever the level of self
effacement or self-assertion, depending on whom he is addressing, suggested by
the different phrases used to say "I"). In official correspondences he routinely
insists either on his devotion to his duties and submission to his superiors or on
his requests to and expectations of his subordinates. In the case of exhortations ·
and prohibitions aimed at the populace, the rhetoric usually conveys the notion
that the official has been dismayed to see with his own eyes that this or that
regrettable or reprehensive custom remains prevalent and that he is absolutely
intent on correcting it-hence the present proclamation, in the efficiency of
which he has "much hope" (houwang W~ ). The personal touch is also much
in evidence in judicial decisions, either judgments ( pan *U , and several other
terms) or "rescripts" (pi :Jtt, i.e., responses to litigants), especially those directly
addressed to the litigants: they are documents in which the official/judge is
expected to display his resourcefulness, legal knowledge, and ability to educate
and morally improve his constituents. (Many specialized gongdu anthologies are
speci:fically devoted to the judgments and rescripts of the author.)
150 / Pierre-Étienne Will
Yet in a majority of cases such authorship was plainly a fiction. Magistrates,
not to mention prefects or provincial officials, had an enormous amount of
paperwork to handle, and even the most hard-working among them could not
possibly draft all the documents that were issued in their name. In the Qing
at least, it was commonly acknowledged that most pieces were drafted by the
private secretaries (muyou ~R) hired by the official to do just that, and for the
more routine affairs the task could be entrusted to specialized clerks as well.
In the Ming-that is, before the emergence of the muyou-most of the work
seems to have been done by the yamen clerks. In fact, in the Qing certain muyou
of repute might be personally known among the bureaucratie hierarchy to be
the real authors of the documents sent up by their employers to argue their
case. Thus, Wang Huizu 5.I.~lt§_ (1731-1807)-the patron saint of Qing private
secretaries-brags at one point in his autobiography that "his name is quite well
known to the govemor" and mentions the laudatory comments made by the
latter in front of his employer. 3 As a matter of fact, there exist a few examples of
anthologies whose author is a muyou who wrote the documents assembled in the
work for the sake of one or several employers, whose name he may or may not
reveal: here, the "models" are explicitly his own production.4
3 See Bingta menghen lu~~ f-*-iî< (1876 ed.), J:_ /lla-b, 12a-b; in this particular instance, dated 1756 and taking place in Jiangsu, the govemor in question was the famous Zhuang Yougong fi± :1ï ~ (1713-1767). Wang also mentions the no less famous Chen Hongmou Ft :t~ (1696-1771) among his "govemor admirers".
4 One example is a manuscript in five thick fascicles, entitled Duyu lu ~~if< (1913 preface, held by the CASS lnstitute ofHistory), extremely rich in information, whose author appears to have been a judicial secretary named Sun Yulin ~4\i#, who signed the preface. The documents were written in the name of several Jiangsu magistrates and prefects, obviously Sun's former employers. The preface claims that these materials may be useful as models for the future administrators of the new Republican regime.
From Archive to Handbook / 151
Still, the pretense of authorship is very strong in individual gongdu
anthologies, for the very reason indicated above: as most authors of such
collections aimed to emphasize their own individuality as good officials, to
admit openly that they were not the actual writers of the documents supposed
to exemplify their qualities would be self-defeating. And, t~ be sure, it was
not always a pretense. Sorne actually insist (lest people might doubt it) that
everything in the book is of their own writing. This claim seems to have been
especially valued in the case of the "rescripts" (pi) delivered in court to litigants
in the course of "civil" affairs, as it was seen as a proof of the official's hard
working habits as well as his persona! concem for and closeness to the people.
For example, the prolific and respected Fan Zengxiang ~!~t~ (1846-1931) says
in the prefaces to several of his many collections of public papers that he always
wrote his rescripts in his own hand, and other preface authors add that he handed
down "several thousands" ofthem.5 The same sort of claim is found conceming
other authors as well.6 One might also mention the case of Zheng Xie I)~
5 See Fan Zengxiang, prefaces to Fanshan pandu ~ J.di•J ~ (Fazheng xuexi suo )!-;&_" '& Pff 1911 ed. ), Fans han zhengshu ~ J.i ;&. :t , and Fans han pipan ~ J.i :f<t..f•J ; anonymous preface to Fanshan pandu (all editions); editor's preface to Fanshan pandu xubian (1912 Datong shuju ed.). Except at the very end ofhis career (in 1908-1911), all the positions occupied by Fan Zengxiang were in Shaanxi.
6 Such authors include Yu Chenglong f- Pli. ;W. (1617-1684) ( according to the assistant who edited his archives as Yushan zoudu f- J.i ~ ~ ); Zhao Shenqiao M 'fi ?.î- ( 1644-1720) (according to the compiler ofhis Zhao Gongyi gong zizhi guanshu M~~ -0- §l if; -g :t and to his grandson); or Qiu Huang fi~:J:i (jinshi 1805), a prefect in Shaanxi in the 1830s and 1840s who published a remarkable collection of judgments entitled Fupan lucun JÎf .f•J l>f< # . Qiu writes in his preface (dated 1839) that when he went through his documents after the closure of the seals (jengzhuan #*-) ofFengxiang prefecture (ofwhich he was acting prefect) at the beginning of winter 1839, saw this accumulation of judgments and "remembered they had all been on my own decision and not entrusted to another hand' ( ~1~ §l :li·~~ ' .::i:::
1R ~ -t ), he could not resolve to throw them away and instead copied them into a volume.
152 / Pierre-Étienne Will
(Zheng Banqiao 1.&fit, 1693-1765), whose reputation as a calligrapher was such
that his successors in the counties where he had served would eut offhis rescripts
from the documents in the archives and keep them as collectors' items.7
Yet, Fan Zengxiang also says in the preface to his Fanshan pipan (Mr.
Fanshan's Rescripts and Judgments) that regarding final decisions (as opposed
to rescripts ), except for difficult affairs he would entrust the clerks with writing
the record of testimonies and proposing a judgment, and accept it as is, provided
of course that it did not seem unreasonable; only for affairs of some import or
presenting special difficulties would he write the judgment himself.8 One may
assume that many of his colleagues did the same. As for proclamations to the
populace and to yamen personnel, while many of them sound like standard
pieces on mandatory topics (such as prohibitions against gambling, lawsuits,
women's suicide, and many more, or rules regarding student behavior, clerks
and runners work, yamen organization and the like ), some undeniably display
a persona! voice and may actually have been pondered over and drafted by the
official who published them. But even in such cases the presence of a talented
muyou acting as ghostwriter can never be excluded. Thus, it has been claimed
that the memorials and administrative writings of the famous Henan govemor,
Tian Wenjing B3X:~l (1662-1732), anthologized in the Fu Yu xuanhua lu~~
7 The calligraphie treasures ended up in various public and private collections. For an anthology of them, see Zheng Banqiao pandu ~~:t&.~-*11 J:t , ed. Li Yimang $-* (Beijing: Wenwu chubanshe, 1987).
8 See Fan's preface to Fanshan pipan (undated). The passage is to explain why there are many pi and very few pan in the work, since he would only reproduce what was from his own hand. It reads: "Once a case has been investigated and closed, 1 have the clerks record the testimonies and propose a judgment; if the general idea does not contain incongruities, then 1 won't add any embellishments. Only for comparatively serious cases or cases looking odd will 1 sit down and write ajudgment in my own hand" ( .i.. •~&:m.~ ' J!IJ re Jl:A.#i#t-~-*1 '
~*·~~~···~~-···*•lt••&~**'~··+~~~·)
From Archive to Handbook / 153
'ê'fci-JZ (Records on Propagating Civilization as Henan Govemor, 1727) and
its several sequels, which do display a strong personality and individual voice,
were in fact written by a private secretary named Wu Sidao ,~~}Gl~ ; some
of Tian's biographers doubt whether this is true, however. 9 The same sort of
question might be raised regarding at least some of Chen Hongmou's numerous '
proclamations, circulars, and directives to his subordinates compiled and printed
by his son and grandson under the title Peiyuan tang oucun gao t.g. ~ g ff-1& ff f~ (Surviving Drafts from the Peiyuan Studio), which cover the years 1733-
63.10 Many sound like heartfelt documents, full of indignation and urgency;
and yet the same texts with few variants are often found in several sections of
the work, corresponding to Chen's different postings, which suggests at least a
secretarial hand, and certainly a degree of routine.
In this as well as in other cases nothing certain can be said, in fact: while
the image of the official producing all his paperwork brush in hand seems
improbable, he might occasionally insist on doing the writing himself. This is
again confirmed by the interesting distinction made in the preface to a relatively
short collection of "instructions" (tiaojiao f~~) handed down by Yin Huiyi j3"
W!- (1691-1748) during his govemorship of Henan in 1737-39: this collection
was compiled posthumously by a "disciple" (menren F~.A ) of Yin's named Zhang
Shouzhang *~-&, who specifies that he did not retain the "ordinary directives
whose composition is left to the care of private secretaries" ( fLw1lt~~
if!1-=F-.tr'Nif!ff~ )-implying that the ones he did include had been written by
9 See Li Qiao $ ~ , Qingdai guanchang baitai )t 1.!.Ç. 't J,W 8 ~ (Beijing: Zhongguo renmin daxue chubanshe, 1990), p. 6; Qinghai leichao ~;f*!Jiji:W), 28/6-7; Hummel, Eminent Chinese of the Ch'ing Period, p. 720.
10 The title Peiyuan tang aucun gao covers in fact more than the administrative pieces that concem us here, which are grouped un der the subtitle wenxi :5{.. #t. , in 48 juan, and represent by far the larger part of the whole.
154 / Pierre-Étienne Will
Yin in person. 11 This is the same pattern as in Fan Zengxiang's judgments. To
cite yet another configuration, the "principles of compilation" (fanli fL-WIT ) of the
massive 50-juan anthology of Ding Richang's T B §ri papers from his Jiangsu
govemorship (1867-70), published by a colleague in the 1870s under the title Fu
Wu gongdu ~~0-Jll (Administrative Documents from a Jiangsu Govemorship ),
informs us that the work is based on a bunch of documents delivered by Ding
that included drafts from the hand of clerks or composed in the inner cabinet,
with variable degrees of revision by Ding himself.
In short, many degrees of collaboration between an·official and his
secretarial staff were possible: in some cases the writing would be entrusted to
seasoned secretaries who knew perfectly the issues as well as the rhetoric and
did not need the help of their employer to produce the required texts, which he
would sign; in other cases.the assistants' task was limited to putting on paper the
official's directives and admonitions and submitting their drafts to him;12 and in
still other cases the official would write more personal pieces directly in his own
hand.
1.2. Private Archive and Public Archive
In most cases the pieces in individual anthologies are said in the prefaces
11 Fu Yu tiaojiao, inJifù congshu chubian ~-fiillJ::f";FJJJ:$i (1913), Zhang Shouzhang preface (1750). Interestingly, Zhang says that Yin's son Jiaquan /.;ft, who helped him in the compilation, confessed tearfully to having been negligent in keeping his father's administrative papers (as opposed to his memorials, which were published as a separate work), hence the small number that survived.
12 For typical ways of collaboration in writing judicial decisions, see Wejen Chang, Administration of Justice in Late Imperia! China (unpublished draft), chap. 15, p. 4-5.
From Archive to Handbook / 155
or fanli to have been drawn from their author's personal archive. Many explain
that they looked into their "old trunk" (jiuqie jjm) to collect the texts issued
during their career-that is to say, the copies or drafts of such texts, which they
had preserved for their own archive. Everything suggests that such personal
archives were built very systematically by most administrators, one assumes
at great scribal cost, and that they could reach a considerable size. There were
various reasons for doing so, such as documenting one's official career for future
biographers, preserving evidence to set the record straight if the need arose,
keeping material for one's future Collected works-or more precisely in this case,
one's future gongdu anthology13 -or perhaps simply the Chinese consideration
for any piece of written material. The desire to keep track of one's interventions
is also illustrated by one early nineteenth-century manuscript daybook in which
an unnamed Sichuan magistrate (or possibly prefect) had the rescripts (pi) he had
been writing day after day systematically listed, with a brief description of each
case.14 Obviously, almost all the publications based on such personal archives,
even the most extensive among them, would only include the pieces that the "'"" '\.,,_
-\"' author or compiler deemed sufficiently representative or interesting to be given , ~
as examples; or, as the case might be, those necessary to highlight a particular
episode or achievement. This is why I call gongdu collections "anthologies": by
de:finition an anthology is based on choice.15
13 Except possibly memorials, administrative documents were not normally material for a wenji.
14 The manuscript, which is held at the Tôyô Bunko and is obviously a fragment of a larger series, has been named Shu sang pi'an Jj t;;.;}H:. ~ by the librarians. It is undated, and the name of the official whose pi are listed is not known, but circumstantial evidence suggests the early 1820s. The name of the copyist ( -'[-4')' )-a certain Wang Dingzhu J:. it#., probably a private secretary-is indicated.
15 For example, the large quantity of pieces collected in Tian Wenjing's Fu Yu xuanhua
156 / Pierre-Étienne Will
It is not always clear what proportion of such private archives was also
preserved in the public archives of the various yamen in which the author had
served, or with which he had been corresponding. Sorne kinds of documents
were not meant to be archived in the administrative bureaus. A typical example
is the informal missives (bing ~) that officials would send to their superiors
to discuss any kind of problem with them. They appear to have been routinely
resorted to and are found in large quantities in some anthologies. They can
be defined, it seems tome, as semi-public documents inasmuch as they dealt
exclusively with administrative matters, but went directly to their addressees
without copies being placed in the public archive. As a matter of fact, one meets
occasional criticism of the practice of informally submitting problems to one's
superiors in the form of non-bureaucratie missives, and only after the superior's
opinion was known submitting a formal communication, a copy of which would
definitely be kept in the yamen's files. It may be assumed that in many cases the
exchange was actually taking place between the muyou of the officials involved.
In contrast, the "letters" (shu ~, qi ID:, and the like), which are also found
occasionally in individual collections of administrative documents, were of a
completely private nature, even when discussing public matters.
The situation is perhaps less clear regarding a variety of ad hoc
communications officials constantly exchanged among themselves, either along
hierarchic lines or horizontally, to provide information, consult each other, give
instructions, submit reports, and so forth, which are found in abundance in many
gongdu anthologies based on private archives. Sorne of them, for example the
instructions sent down by higher officials in the form of circulars often called xi
lu is said by the compilers to have been only ten percent of what he kept in his archive corresponding to the same time period. Similar claims are made in innumerable prefaces.
From Archive to Handbook / 157
;fjt , or zha ;-jt , went through the yamen services in charge of communications
and were archived in the relevant bureaus. The same is obviously true of the
proclamations, prohibitions, procedural rules (shili $-Wrr ), "covenants" (yue
~~ ), instructions (tiaojiao {~~ ), and other sets of regulations (zhangcheng ~
fî ), which might be appended to such directives and feature prominently in
private anthologies. They were obviously public documents, and at county level
it was incumbent on the relevant yamen bureaus to have them posted wherever
necessary or circulated among the people concemed. But as I have already
suggested, the situation may have been different regarding communications from
official to official (as opposed to circulars ), which were managed by the officials'
private cabinets and may not have been copied into the public archive.
As far as judicial documents are concemed, in the case of criminal justice-
that is, cases for which judgment proposals had to be submitted to the higher
courts-judgment proposals and all the accompanying paperwork were definitely
public documents, copies of which had to be kept in the yamen archives. The
situation was apparently the same with the "rescripts" (pi) that magistrates or , . . '-"'-' \.,,_
prefects delivered to litigants either to answer a request in the course of the > t
procedure or to deliver the final decision (which in many cases is best described
as an arbitration between the competing parties) in so-called "minor affairs"
(xishi ~Hl$ ).16 In the preface to his Fanshan pipan, Fan Zengxiang states that
until 1887 he did not keep copies of his rescripts, which he always wrote in his
own hand and which, according to him, were widely copied by the citizenry and
sought eagerly by admiring colleagues whom he could not satisfy since he did
not have copies at home. Then, following the advice of several colleagues, from
16 See above conceming the autograph rescripts of Zheng Banqiao that were removed from public archives by some of his successors.
158 / Pierre-Étienne Will
the time of his appointment to Xianning Jg\G $ in 1892 he ordered his scribes
to make copies-only to discover, after having been transferred to Weinan 5W
m sometime later, that the larger part of the ten volumes of rescripts he had
accumulated had disappeared; he wondered who might have taken them away.
In Weinan 5WF-f'ff he collected again his pronouncements and retained about one
tenth of them for the present publication. However, these autograph documents
ofwhich Fan had at first neglected to keep copies were normally copied and kept
in the yamen archives, since the disputes brought to court had to be accepted and
managed through the yamen administration: in principle a file was systematically
opened by ·the clerks of the bureau of justice, then closed and archived when
the case was concluded, and that file would contain all the relevant documents,
including the rescripts.17
In short, the situation would seem to be one of dual filing, with originals
filed in the relevant yamen bureaus (where they still can be found today when
the archive has survived) and copies of at least part of them kept in the official's
private cabinet (mufu), which operated in his private residence and whose
paperwork was his own property. As we have just seen with the example of Fan
Zengxiang, it might happen that the magistrate's private file, which he would
take along when moving from one position to the other and on his retirement,
was more or less complete, or even that it could get lost.
Even assuming that the pieces kept in public and in private archives were
identical, one may of course wonder if the texts extracted from the latter for
publication in an anthology might not be submitted to a degree of editing,
whether for the sake of literary polish or to emphasize the author's qualities-let
17 For a most detailed account of the procedure in such "civil" cases, see Wejen Chang, Administration of Justice, chapter 6. See also chapter 18, p. 1-2.
From Archive to Handbook / 159
us remember that in many cases the proclaimed aim of publishing an anthology
was pedagogical. The only thing one can say is that the situation must have
been variable: only direct comparison would allow us to form an opinion in
any particular case, but as we know such comparison is rarely possible at all.
According to colleagues who consulted the Baxian ES ~ archives, comparing
documents kept there with the corresponding pieces in the works of the
celebrated Liu Heng ~Uf~j (1776-1841), who was Baxian magistrate in the 1820s,
reveals some differences-but what kinctof differences and how significant they
are remains to be assessed carefully.
To conclude this section, let me compare two almost exactly
contemporaneous collections of judgments which are very similar in form and
content, but differ in nature and intention: one, the Fupan lucun R~.f5g·U~j{ff:
(Surviving Judgments from a Prefect, 1839 preface), is by an individual author,
Qiu Huang fi:~11§. , and originated from his personal archive;18 the other is a joint
collection entitled Xue'an chumo ~;t:f_)]î~ (Elementary Models for Studying
Cases), published in 1838 under the sponsorship of the govemor-general of.
Yunnan and Guizhou, Yilibu W .JI!.::ffî , and composed of documents culled from ,/'° " a public archive.19 The Xue'an chumo is rather unusual and may be unique. It
features the files of twenty recent cases selected from the provincial archives
of Yunnan, with only a few notes in the upper margin, and arranged by type of
crime in the order of the statutes in the Penal Code. Bach step of the procedure
is in evidence, from the initial report by the local constable to the magistrate's
18 See note 6 above. The Fupan lucun exists in two versions, in 4 and 5 juan respectively. The latter includes material down to 1845.
19 Twenty more cases were published as a sequel in 1839 as Xue'an chumo xubian ~~;fJJf~
f.Ji ~ . There is also an 1881 edition, the woodblocks for which were eut at the offices of the Gansu Provincial Judge.
160 / Pierre-Étienne Will
sentence proposai and ensuing communications with the higher authorities.
Everything in the file is quoted in its entirety, or nearly so, which entails no little
repetition but at the same titne allows us to follow the development of the case.
The point here is that the aim of the work was not to emphasize the qualities
of the judges-as individuals the magistrates are almost indistinguishable in
the files. Rather, it was to provide the readers with examples of how "ordinary"
homicides and suicides, that is to say, straightforward affairs with no recanting or
appealing on the part of the defendant or relatives of the victim, should be dealt
with so as to avoid procedural errors likely to lead to rejectiorr of the judgment
proposai by the provincial authorities and the Board of Punishments.
In contrast, Qiu Huang's anthology is very much intended to enhance the
reputation of its author, who according to the prefaces was widely known for
his efficiency and faimess as a judge. In a general way, the cases introduced in
the work are not criminal affairs like those in the Xue'an chumo, but family and
economic conflicts, and more often than not they are fairly complicated, they
entail a lot of haggling with tough or elusive litigants, and they are therefore
subject to appeals to Prefect Huang and above. I mention this example because,
unlike most authors of administrative anthologies, Huang occasionally provides
sizable chunks of the dossiers, including the rescripts of the higher authorities
and his answers to them, documents attached to the sentence proposais as
evidence, and the final assessment of his situation regarding the deadlines
imposed by regulation. In other words, though extracted from his personal
archive, the entries look like fragments of actual files rather than neatly rounded
pieces as is usually the case with published judgments.
FromArchive to Handbook / 161
1.3. The Process of Compilation
Two questions are worth raising at this point: (1) Why would a particular
official decide to assemble an anthology of the administrative documents written
under his name? And (2) What was the process of compilation? Several scenarios
are possible in both cases.
As I have mentioned, many published anthologies were intended as models
for their colleagues by authors who implicitly or explicitly prided themselves
on the excellence of their administration and decided therefore to publish a
collection of their own documents retrieved from their personal archive. To give
but one example, in the preface already mentioned Fan Zengxiang does not
pretend to be modest: people make copies of his rescripts (they were posted at
the gate of the yamen) and circulate them, his colleagues eagerly ask him to show
them the texts, in Beijing his mentor Li Ciming *~~ (1830-1894) encourages
him to publish his administrative pieces, and the official and law specialist Shen
Zengzhi ).'.t~î.i (1850-1922) proclaims that no judgments are as satisfying in
their combination of sentiment and reason, elegance and plainness, and so forth,
as those of Pan Zengxiang.20
An interesting twist, occasionally encountered, is the claim by an author
that his govemment was in fact very flawed and that his intention is to expose
his errors as a waming to his readers. Thus, in 1636 a certain Zhang Erzhong * m,~, (1631 jinshi) published an anthology of documents from his tenure as
20 See Fan Zengxiang, preface to Fanshan pipan (no date). Likewise, in the preface to his Fanshan zhengshu ~Ji ;&.-j: (1910), Fan claims that as soon as his rescripts were posted the clerks and commoners would rush to make copies of them, and that later, when he was Jiangsu administration commissioner, his occasional rescripts were "on everybody's lips" ~ A..1'tiîi .
162 / Pierre-Étienne Will
magistrate of Linzhang IBfr;)! (Henan) entitled Zhi Zhang zuilüe ~5!$~
(Brief account of my offenses as the Linzhang Magistrate ); he insisted in his
preface on the difficulty of administering even a comparatively smaU and quiet
place like Linzhang and explained that, while most of his coUeagues compose
similar anthologies to advertise their own successes (zi pu qi gong E! ~jtJ)J ), he had chosen to enumerate his errors in order to correct himself and help his
successors: for this reason, he claims, the word zui (offenses) in the title is
perfectly sincere.21
Whatever the motivation and intention, an official might compile one or
several anthologies of his documents in several different circumstances: after
retirement, after he had left a particular position (the one in which the documents
published had been written), during a period of mouming,22 or even right in
the middle of a posting. AU of this is usuaUy specified in the preface, though
sometimes one can only guess-especiaUy, of course, when there is no preface.
Such is the case with the several collections of documents left in manuscript
form by Qi Biaojia 113~{:1. (1602-1645), one of the most remarkable officiais of
the late Ming. Qi appears to have systematicaUy documented his comparatively
short but extremely brilliant career, first in his immense diary, which covers
the years 1631-1645, then in collections of administrative and judiciary
documents corresponding to the various positions he occupied in the provinces:
as prefectural judge and acting magistrate in Fujian ( during the years 1624-31 ),
21 Using zui to refer to one's administration was a common form of self-deprecation among officials.
22 An interesting example is a manuscript gongdu anthology (possibly intended for publication) held by the National Library, Beijing, entitled Huanyou zaji 'îi#-lf.ittC. and compiled by a certain Yuzhang ~:t3 (with 1869 prefaces): Yuzhang took advantage of a mourning leave to make a compilation of documents from his tenure as magistrate of Jiangzhou ~ )~~ (Shanxi) in the l 860s.
From Archive to Handbook / 163
as provincial judge in Suzhou (for a few months in 1633), and, again for a short
period, as Jiangnan inspecting censor under the Southern Ming govemment
immediately after the faU of the North (in 1645). AU ofthese works, the carefuUy
composed manuscripts of which are now preserved in the National Library in
Beijing and a few other places, would certainly have been published at some
point had not Qi committed suicide while the Qing armies were approaching his
native Shaoxing. They were most probably compiled immediately after Qi had
left the positions to which each ofthem corresponds.23
Quite often the actual work of selecting the documents, arranging them (by
chronological order, by content, by genre, or by position occupied), and editing
them (giving them titles, building a table of contents, possibly correcting the
text), was effected with the help of muyou, junior coUeagues, disciples, or family
members, whose names and roles may or may not be indicated in the preface
orfanli, or sometimes on the cover-leaf.24 It might also happen that the work
was prepared entirely by such people, either while the author was still alive or
posthumously. For example, the anthology of the administrative documents
of the famous Yu Chenglong was originally compiled by an assistant named
Li Zhongsu * cp ~ and published under the title Yushan zoudu (Memorials and
Documents by Mr. Yushan) shortly before Yu's death in the post of Liang-
23 Examples include the anthology known as Puyang bingdu, pingyu, zalu i !'# l J;f ' tt"* ' $~, corresponding to Qi's tenure in Fujian; the An Wu xigao, paishigao -*-::1':>!&~' Ill iÏ' ~ , corresponding to his first stint in Jiangnan in the l 630s; the Xun 'an Su Song dengchu
jietie ~* .~t~ *-~ ;f& N; , corresponding to his tenure as Su-Song inspecting censor under the Hongguang regime (held by the Zhejiang provincial library); and other similar works. Severa! ofthese texts are now available as reprints.
24 A well-known example is Liu Heng's Yongli yongyan Jt 3tlt1' (Ordinary Words from an Ordinary Official, 1830), of which Liu says himself in his preface that it was compiled by his private secretary, Wu Shouchun :1':~ti- , based on proclamations and directives from his eight years in Sichuan.
164 / Pierre-Étienne Will
Jiang govemor-general in 1684; then in 1707 an enlarged version was compiled
by two disciples, Cai Fangbing ~JJITT and Zhu Kuangding ~~JiEI~ and
"respectfully written out" ( :fMli-JZ ) by the author's grandson, Yu Zhun -T$ . In the
same way, the complete version of Chen Hongmou's Peiyuan tang oucun gao
(the one currently available today) seems to have been compiled posthumously
by his son and grandson, though it was probably a project conceived by Chen
himself. Yet another example is the Huaiqing zhengji t51HêPï&• (Records of
Huaiqing's Govemance) by Shen Yanqing 5.t1>r!!: (1813-1853), an anthology
of proclamations and administrative correspondence related to the author's
magistracies in several counties of Jiangxi: the work was edited and published in
1862, several years after Shen's death combatting the Taiping. As for the Huamin
lu 1~B;;i-JZ (A Record of Transforming the People) by Qi Wenhan tl3X:~ (with
1 729 prefaces ), it off ers an interesting pattern since it is a set of proclamations
posted by the author while he was magistrate of Jiangyin 5I~"€i (Jiangsu), published
by his constituents after he had been dismissed against their wishes in 1 727
for failure to prevent tribute grain from being spoiled during heavy rain: the
efficacy of his proclamations against such rampant evils as suicide, lawsuits, and
gambling, say the prefaces, had been so great that they wanted to prevent their
loss by putting them into print.
Not a few authors modestly insist that they did not in fact intend to print
their anthology of administrative texts, but had to yield to the entreaties of
colleagues and assistants who could not bear the idea that such wonderful
material might not be made available to inexperienced beginners and help them
leam their craft. A typical claim is that the author originally kept his anthology
of papers as a manuscript intended for junior family members aspiring to an
From Archive to Handbook / 165
official career, and perhaps a narrow circle of acquaintances.25 Indeed, we
find more than occasional mention of the private model whereby a manuscript
magistrate handbook or gongdu collection is passed down from generation
to generation within a family dedicated to public service-a "government
handbook for sons and grandsons" (zisun zhipu -T1*5éî~ ), as the phrase goes.
We even :find a Kunqu play, composed and published in the 1850s, combining J'
the intergenerational transmission of an official handbook called Juguan jian Fd g~ (which gives its title to the play: The Mirror of the Official) with a narrative
of patriotic resistance against the English. 26 Such privately kept anthologies
might eventually be printed and made public because of their author's reputation
or public demand, or as an act of filial piety on the part ofhis descendants.27
No doubt, more often than not such claimed reluctance to be published was
pure posturing. An author who was positively keen to have his administrative
25 Yuzhang's unpublished Huanyou zaji, mentioned in note 22 above, is a typical example: the author states that he is keeping the manuscript for his descendants, but one of the preface
writers claims that the writings of such a model official absolutely must be published as a
manual for everyone to use. In this particular case, however, publication seems not to have followed.
26 See my essay, "La vertu administrative au théâtre: Huang Xieqing (1805-1864) et le Miroir du fonctionnaire", Études chinoises, 18, 1-2 (1999): 289-367.
27 Another variant was the printed book whose continued availability was ensured by
successive generations. An example is the Shou He riji "l' ;f;. El R, (A Day-by-Day Account
of Administering Jiaxing), a highly interesting anthology of proclamations, judgments,
and various other pieces dating from the tenure of its author, Lu Chongxing J.Î **, as Jiaxing $.* prefect in 1675-1678: Lu's son in turn became the prefect of Jiaxing during
the Yongzheng period and is said to have used the work as a model; likewise he gave it as a model to his own son, Lu Zhuo JJ.;bj!., who had a new set ofprinting blocks engraved
after he became governor of Zhejiang in 1738; again, when Lu Chongxing's great grandson
arrived in the region in 1788 with the position of salt intendant, he managed to retrieve about
half the printing blocks and put out a new edition after supplying the missing text from a surviving copy.
166 / Pierre-Étienne Will
papers published could pretend that in fact the idea had corne from his disciples
or subordinates, who wished that his important directives be made available to
the whole profession. To cite one outstanding example, Tian Wenjing's Fu Yu
xuanhua lu contains no author's preface but is introduced by a communication
signed by the four highest Henan officials subordinate to him asking his
permission to print the work for the sake of enlightening the province's
officialdom. He gives his consent in a brief rescript. Exactly the same pattern
is followed in the Xinzheng lu JG\i&~-JZ (A Record of Governing with Heart)
of 1741, a similar compilation of the directives of one of. Tian's successors
as Henan governor, Yaertu 2tmliil (?-1767). Not all individual compilations
of documents were meant to increase their author's glory through widespread
distribution, however. Sorne works actually look more like a compilation for
personal reference than a didactic anthology; they have usually been preserved in
manuscript form and were probably not intended for publication at all.
Whatever the motives of their authors, the individual gongdu collections
constitute an immensely useful database for the history of local societies and
polities; in the same way, they are highly informative on everyday administrative
life in the various provinces and counties of late imperial China. To single out
one particular-and extremely popular-genre, the collections of their own
judgments compiled by local officials, besides being a unique source for social
history, inform us on actual judicial practice better than any handbook or body
of regulations. On all these aspects, the anthologies of administrative documents
considerably supplement the few accessible repositories of local archives, from
which they more or less directly derived.28
28 For the description of a large number of gongdu anthologies of all sorts, see my Official Handbooks and Anthologies of Imperia/ China: A Descriptive and Critical Bibliography
From Archive to Handbook / 167
2. Collective Compilations
There were other anthologies that were not devoted to pieces selected by
one individual author from his private archive, but introduced their readers to
documents coming from many officiais. Most of the works discussed below
are collections of judicial documents culled from government archives. 1 begin,
however, by discussing a genre that appears to have flourished at the beginning
of the Kangxi period (1662-1722) and whose principal characteristic was that it
anthologized administrative documents by many individual authors, covering in
systematic fashion the whole range of government activities. '~
2.1. Collective Gongdu Anthologies
By far the best-known example ofthis genre, and the only one that survived
through many editions, is the Zizhi xinshu Ji5Éi~JT~ (A New Book to Assist in
Government) in 14 juan, compiled and published in 1663 by the famous fiction
writer and playwright Li Yu '.$ 5f!i\ (1611-1680?), with a second installment in
20 juan (the Zizhi xinshu erji = ~ ) published in 1667. Li Yu was never an
official, and as far as he was concerned publishing the Zizhi xinshu was first
and foremost a commercial venture-obviously very successful-dating to the
period when he strove to make a living as a publisher and bookseller in Nanjing.
Still, Li demonstrates a learned and quasi-professional interest in judicial
matters in the two groups of essays with which he prefaced the work, entitled,
(Leiden: Brill, forthcoming). The current manuscript is available from the author in electronic form. The works cited in the second part of this essay are also described in the Bibliography.
168 / Pierre-Étienne Will
respectively, Xiangxing moyi t~ HU ?K iii (A Modest Proposition on Auspicious
Punishments) and Shenyu chuyan 'fJUMJ!f§ (Humble Opinions on Cautiousness
in Judgments). More generally, the organization and contents of the Zizhi xinshu
offer an impressive overview of the various seventeenth-century administrative
disciplines and documentary genres, all seen through original documents
borrowed from a large number of Ming and early Qing authors. The work is
in fact structured by documentary genres: the first half includes a section on
"communications" (wenyi bu )ZJ~îi3 ), one on "proclamations" (wengao bu X.. -'Sîi3 ), and one on "proposais" (tiaoyi bu f~iiiîi3 ), each divided into a number
of subsections corresponding to diff erent types of administrative activity, the
subsections being in tum split into more specialized categories, each featuring
a variable number of documents. The same is true of the last section, on
"judgments" ( panyu bu *U~fi3 ), which fills the second half of the compilation
(juan 8-14).29 The pedagogical intent is further demonstrated by the occasional
commentaries added in the upper margin and the over-abundant punctuation,
while the commercial nature of the publication is suggested by the poor printing
on mediocre paper of all the editions consulted. How Li Yu collected the
documents is unclear, but, interestingly, the Zizhi xinshu introductory matter
includes a "call for contributions" in which the publisher indicates the address of
the bookstore to which authors should send their texts for publication in the next
installment. 30
The publication of the Zizhi xinshu clearly responded to demand in the
29 The same organization, with some variants, was found in the Zizhi xinshu erji. That such a large proportion of the Zizhi xinshu was devoted to judicial matters explains why it is often described as a collection of legal cases. See for example Patrick Hanan, The Invention of Li
Yu (Cambridge, Mass.: Harvard University Press, 1988), p. 25-26. 30 Thefanli of the Zhi'an wenxian, discussed below, contains a similar call.
From Archive to Handbook / 169
market-presumably from all sorts of persons concemed with administration,
be they officiais, private secretaries, clerks, or possibly examination candidates.
This is confirmed by the existence of several other collective anthologies of
administrative documents published at about the same time and more or less
following the same editorial principles. One is the Zhengxing daguan l& HU
*e (A Compendium on Govemment and Justice), compiled by a certain Liu
Banghan ~U3=3~, whose preface is dated 1664. This makes it almost exactly
contemporary with the Zizhi xinshu, whose recent publication Liu does mention
in his foreword (liyan 'WU"§ ), admitting that there is inevitably some overl~p.
He also cites three other works of a similar nature, all of them published in
Hangzhou (Liu himself was a Hangzhou native), and all of them impossible to
trace today.31 The administrative pieces which are assembled in this collection,
originating mostly from Qing authors,32 are organized into eight sections:
memorials (zoushu ~iffrt ), lateral communications (ziyi -â~ ), reports to superiors
(shenxiang $§$ ), answers to reports (pida :fi:t:'.lf ), proclamations (gaoshi -'5 7G ), directives to subordinates (paixi M-'îl: ), yamen regulations (kuanyue ~
~'g ), and-by far the more numerous-judgments (shenyu ~~).In each of
the first seven sections, the entries are arranged under the "statutes pertaining to
the six domains of govemment" (lilü 5e:W , hulü p 1$ , and so forth), a mode
of organization that was modeled on the Penal Code and used in many late
Ming handbooks that aimed, like Liu's anthology, at encyclopedic coverage of
31 The titles were Zhizheng quanshu %; .iW:. ~cf (Complete Book on Govemance ), Lizhi quanpian
~ ~{-; ~ ~ (Complete Writing on Administrative Discipline), and Qiezhong jingji Il 1f ~&.ift (Political Economy in the Trunk), respectively.
32 Or so Liu claims in his foreword, but the names of the authors quoted are not provided: only their office is indicated, like such-and-such section of the censorate, such-and-such board, govemor of such-and-such province, and so on. In other instances it is the title of the work quoted that is given.
170 / Pierre-Étienne Will
all administrative activities. Indeed, Liu explains that his anthology is meant to
complement the Ming "books on administrative discipline" (lizhi zhi shu 5e: )él'::L.~ )-that is, handbooks of a prescriptive nature-of which he cites several
titles as the most popular in his own time. In other words, we find the same
opposition and complementary that I mentioned at the beginning of this essay
when comparing official handbooks (guanzhen) and anthologies of documents
(gongdu)-in other words, general recommendations and concrete examples.
Another similar work published at exactly the same time is the Zhi'an
wenxian )éJ'~X:JiX (Documents on Administering and Pacifying) in tenjuan,
compiled by Lu Shouming ~_iW;:g and Han Na ~lfillg, whose prefaces are dated
1664; there are two different sequels bearing the same title, Zhi'an wenxian erji
=~ , one in two juan and one in ten juan, both with Lu Shouming as compiler,
and the latter with a 1670 preface. Anthologized documents by Ming and early
Qing authors dominate the contents, but in the present case they are enriched
with a variety of essays, laws and regulations, model documents, and more.
Here again the Ming encyclopedic model is much in evidence, and indeed the
compilers acknowledge some well-known exemplars. Again the Zizhi xinshu is
mentioned in the foreword, but this time it is to deplore that it concentrates on
literary quality but is weak on structural principles ( I~ X:NâJifü *Edl-Wtl )the present compilation, it is said, is attempting to combine both. The principle of
orgapization is not documentary genres but domains of administrative activity. In
the main work, the latter follow a list ofheadings of the author's own devising
such as taxes, military affairs, justice, schools, and so on-whereas in the ten
juan supplement the material is organized according to the more conventional
"six ministries".
One last example is a rather massive compilation entitled Zengding fenlei
linmin zhizheng quanshu !~ 5E fr~~ ~ )Él' î& ~ ~ (A Complete Book on the
From Archive to Handbook / 171
Art of Governance and Attending the People, Augmented and Classified),
edited by a certain Wang Yilin 3:. -M . The only copy in existence (at the
Naikaku Bunko in Tokyo) bears no date, and the preface is likewise undated,
but everything suggests that the work can only be slightly posterior to the
compilations just mentioned, from which it extracts some of its material. Unlike
the Zhi'an wenxian, the dominant principle of organization is genres, such as
memorials, reports, proclamations, proposals, administrative correspondence,
judgments, and the like, each of the ten juan that comprise the body of the work
being devoted to one genre; however, within each juan the material is classi:fied
according to the "six ministries". A feature shared with the Zhi'an wenxian is the
large number of general discussions (!un §#ff ), either by the compiler or quoted
from other authors, laws and regulations of the state, and extracts from a variety
ofhandbooks that supplement the documents anthologized in the work.
None of the last three titles enjoyed the same commercial success as the
Zizhi xinshu, which seems to have comered the market and whose many editions
are found everywhere in libraries today. In contrast, only a handful of copies,
or even one single copy, of the Zhixing daguan, Zhi'an wenxian, and Linmin
zhizheng quanshu can be traced in present-day library catalogues. But all four
works share common characteristics, which makes it possible to speak of a
"genre". What remains puzzling is that this genre, which apparently flourished in
Jiangnan and Zhejiang, was so short-lived: the works in question, and possibly
others of the same type, 33 were all produced during the 1660s or, at the latest,
the 1670s. Pending further discoveries, there do not seem to have been other
collective collections of gongdu either before or after this period.
33 As mentioned in note 31, a few titles are still known tous.
172 / Pierre-Étienne Will
It may be that their appearance was spurred by the sorry condition of
local administration during the first three o~ four decades of the Qing. This was
a period during which the military still dominated the scene in vast areas
including, prominently, the Lower Yangzi-and fiscal extraction by whatever
means to fund defense was a priority. Magistrates where at pains to implement
the rules of civilian government, mostly inherited from the Ming. A significant
proportion of local officials were Manchus and, especially, Chinese bannermen
without academic credentials or a family background in administration. Finally,
Qing institution building was still in its infancy: the first edition of the Da
Qing huidian 7\.5~~ ~ , which featured the precedents in force at the time, was
not completed until 1690. Demand for guides to administrative practice based
on reliable models, which must have been strong in such transitional times,
was answered by private publishers whose eagemess to take advantage of it is
revealed by the poor printing and shoddy paper oftheir productions.
The pedagogic intention of all the collections just described is emphasized
by the addition of marginal commentaries and heavy punctuation. Most striking
is the frequent reference to and quotation from late Ming administrative
handbooks, several of which appear to have been in wide circulation during the
first decades of the Qing, though they had all but disappeared from the market
by the end of the seventeenth century. These late Ming handbooks display an
encyclopedic bent that is typical of the period and is also found in the private
commentaries to the Ming Penal Code published during the Wanli (1573-
1620), Tianqi (1621-1627), and Chongzhen (1628-1644) eras. Indeed, the late
Ming magistrate handbook that seems to have been the most used in the early
Qing34 -a composite work entitled Da Ming lüli linmin baojing 7\.E!FJ:tfiJUWr;
34 A quantity of early Qing imprints, which can be identified by the fact that the characters
From Archive to Handbook / 173
§ÇJ;fw.l (The Precious Mirror for Attending to the People, Based on the Penal
Code of the Great Ming, 1632 preface ), compiled by a Board of Punishments
pre'sident named Su Maoxiang ~litt§ (1567-1630)-presents itself as a kind of
multifunction commentary touching upon all sorts of subject that were of interest
to local o:f:ficials, appended to and running alongside the text of the Ming Penal
Code. Its structure is determined, in other words, by that of the penal code of the
ruling dynasty, from its seven main categories to its 460 individual statutes.
2.2. Collections of Archivai Legal Materials
The same structure dominates practically all the compilations of legal
documents-both manuscript and printed works-that introduced their users to
materials culled from Qing government archives, in particular the collections
of leading cases (cheng'an RlG* ), Board memoranda (shuotie mM ), and other
similar documents that were assembled in significant numbers in the eighteenth
and nineteenth centuries. Compilations of provincial regulations and precedents
(shengli ~'WU ), both official and private, belong to the same category (but are not
discussed in the present essay). In all such instances, the aim was to provide
administrators with convenient overviews of the legislation in force and of
authoritative interpretations of the Penal Code, rather than with documents
produced by model officials. In other words, the emphasis was not on individual
excellence or exemplary writing but on expediency and information: the works
belonging to these genres were like databases, and they were used as reference
works and guides for daily practice.
Da Ming ABfaJ (Great Ming) in the title have been scraped and replaced with phrases like guanban W ~& (official publication) or mingxing BfaJ 711 ( clarifying punishments ), have been preserved.
174 / Pierre-Étienne Will
Indeed, in most cases this use is reflected in the compilations' structure
determined by that of the Penal Code-and in the layout of the pages. The seven
parts of the Code (the mingli lü 1:11Jtl1$, or "gefleralities", and the six domains
of government corresponding to the six ministries), its 30 sections, and its 436
statutes-the number was reduced to 459 after the fall of the Ming and then to
436 in the Yongzheng edition-provided a convenient grid for finding practically
any sort of content, and not just for judicial administration. In many works the
name of the section and/or statute corresponding to the contents is written in the
central margin, making browsing easy for anybody familiar with the structure
of the Penal Code. In addition, most compilations included extensive tables of
contents, listing the cases one by one and following the same organization.
2.2.1. Board Memoranda
The transition from archive to reference work is particularly well
illustrated in the case of the compilations of Board memoranda (shuotie) that
made their appearance in the early nineteenth century. A large number exist in
manuscript form (sometimes in multiple copies), but printed collections are not
rare. The process through which the shuotie, which were essentially juridical
commentaries on the cases under discussion at the Board, or on relevant sections
of these cases, started accumulating as an archive in the Board of Punishment
from the 1780s onwards is well described in the prefaces to several such works. ~
The key institution was the Bureau of Codification (Lüli guan 1f 17tl!B ), which
was created as an ad hoc office entrusted with revising the penal code at the
beginning of the Qing dynasty and became a permanent bureau attached to the
Board of Punishments in 1742. (1742 was the year that saw the publication of
the new Qianlong Da Qing lüli *5~1$1Jtl and the inauguration of a new system
of periodic revisions of the code-one "small revision" every five years and one
"major revision" every ten years.)
From Archive to Handbook / 175
The role of the Lüli guan was, first of all, to prepare the substatutes (li
Vtl ) that would be integrated into the next edition of the Perial Code. These
substatutes were selected from either judicial cases the resolutions of which,
sanctioned by imperial rescript, would be rewritten as law, or from proposals
submitted by provincial officials. However, the Lüli guan's influence went well
beyond this highly technical but limited task.
Several authors describe the heated discussions ("without shyness to
argue and gesticulate" =t"'t~D~:f'§~) that took place at the Board whenever
a case submitted by the provinces raised difficulties and doubts were expressed
regarding its proper interpretation and resolution. The Lüli guan came to
occupy a strategic position at the confluence of the factual information and
sentence proposals that flowed in from the provinces with the debates among
Board officials. In the words of the compiler of an important nineteenth-century
collection of Board memoranda, the Shuotie bianli xinbian wt ~tî W!f vtl ~Jf ~!ni (A
New Collection ofMemoranda Discussing the Substatutes),
The Board of Punishments is where the criminal cases of the whole
empire converge; likewise, the Bureau of Codification is where [the
recommendations of] each bureau [of the Board] converge. Its officials
carefully select the [relevant] archives without leaving anything out.
When a request for punishment allows for doubt, or the provincial
governments cite decisions inappropriate to a proposa! by analogy,
the case is always forwarded to the Bureau of Codification. [Its
officials] refer to other articles [in the Code] and carefully compare
the commentaries and substatutes, so as to find out about what is right
and wrong in the light of such models. Only when a conclusion that is
appropriate and final has been reached will they be satisfied.
176 / Pierre-Étienne Will
~~A~TM~•·,#~BXA~~~···~-~-~-*~
~;i::J;:qt • fl.~#-1r1±.~1i;{' ~7r~5l~l::l:.~*Wi~•' ~X.#1~tl
B'*~~-,#~tt~,·-~~,~-~I#~~~-~
Archives were clearly central in the process. According to several
testimonies, the exchanges just described between the Lüli guan and the various
departments of the Board ( each of which had charge of the judicial affairs of a
specific province) were instituted in the late eighteenth century (most sources
say 1784), and they took place through written documents-the memos called
shuotie.36 This was following a decision by Hu Jitang i!îJHJ~-1it (1729-1800),
certainly an old hand at Board of Punishments affairs by then, as he had been a
Board vice-president since 1775 and president since 1779 (he would hold this
position right up until 1798). From 1784 on, the shuotie were kept as an archive.
According to at least one author, the archive comprised not only the Lüli guan
memoranda, but also the records of the entire discussions of which they were
part:
35 Wang Jingzhi )3'..~~, first preface (1831) to the Shuotie bianli xinbian (1836). See also
Chen Tinggui f!~;fi, preface (1811) to the Shuotiejiyao 15H!;fl.* (undated manuscript at
the Fu Sinian Library, Academia Sinica, Taipei). Bibu ~t.~~ (the Ministry of Analogy) is of
course a name for the Board of Punishments. Chen Tinggui's preface is also found under the (
title "Shuotie mulu xu" 15t+.5 El itJî. in two more or less identical manuscript compilations
entitled Shuotie held by the Kent Library, Columbia University, New York. 36 It should be noted that the term shuotie also applied to memoranda that did not involve the
Lüli guan, for example when the regional bureaus of the Board of Punishments discussed the
judgment proposais submitted by the provinces directly with the Board directors: only when
the directors were not satisfied with the regional bureau's conclusions would they submit
the case to the Lüli guan, which would in turn deliver its opinion through its own shuotie. See the comparatively clear account of the process provided by Shen Jiaben i7i:.*-*- (1837-
1910) in the preface to his Xing'an hui/an sanbian :1ftl ~ ;t ~;.MQ (completed in 1897 but
never published), as found in Shen Jiyi xiansheng yishu i1i:.~~$ :ît.i.:i!t", Wencun X.#, 6/17a-18a.
From Archive to Handbook / 177
The Board of Punishments shuotie consist in the notes exchanged among
the three judicial courts [the Board itself, the Censorate and the Court of
Judicial Review] in their collective discussions as well as the decisions
of the leaders of the Board concerning the approval or rejection of
each case. They are copied by the Bureau of Codification and kept for
reference. In the years when the Code undergoes major revision, [the
Bureau of Codification] considers whether or not to incorporate them as
substatutes. Those which have not been adopted as established precedents
are kept at the Bureau for further reference.
M~~~~~*~~•~*~•am~~~~~-·~•'*~• #•#•·~À§#~~·'~i.AA~·~*••A~~*' 1JJ#f.$11ij-. 0 37
Indeed, in the compilation in which this statement is found, and in others as well,
the commentaries of the Lüli guan mày or may not be accompanied by fuller
quotations from the cases at hand.
In addition, at about the time when the role of the Lüli guan was redefined,
in 1784, the concluded cases from the preceding decades were entrusted to it
for reference. Not long after that, a large selection of them-more specifically,
of those that had entailed a rejection of the provincial government's judgment
proposal-was compiled by a group of six Board of Punishments officiais led
by one Quan Shichao ~±~ and published in a classified compendium entitled
37 See Shuotie zhaiyao chaocun 15t+.5.:lùi*~'.J.-;{.f, comp. Qingnian 7tif- (1831, available in an
1848 revised edition published by the prefecture ofKaifeng),fan/i. This work is not directly
based on the Board archive (Qingnian was a local official, with apparently no connection to
the Board), but is a classified selection of shuotie that had been circulated (tongxing !!fr) by the Board to all the provinces.
178 / Pierre-Étienne Will
Bo'an xinbian ,l§)l~~JT~i (A New Compilation of Rejected Cases).38 Although
the preface to the work is dated 1781-its author, Ruan Kuisheng fü~±. , was
a censor charged with supervising the Lüli guan-the cases cover the period
1736-1784.39 Each entry in the Bo'an xinbian reproduces the original memorial
of the governor who forwarded the case to the Board with a judgment proposai,
as well as more or less full quotations of the memorials of the various agencies
that participated in the discussion and of the imperial edicts that answered them,
"so that the reader can know at a glance why a certain case has been rejected
and rectified and why a certain article of the Code has been changed" (i.e., in the
case of proposais that became established precedents). The cases are arranged in
the order of the sections and statutes in the Penal Code. According to the Bo'an
xinbian's modem editors, the work reproduces the original archivai documents
with very little rewriting, as opposed to the better-known Xing'an hui/an lfU ~ * ~ (A Conspectus of Judicial Cases, 1834), where they are subjected to
considerable abridgment.40
The Bo'an xinbian was the first published compendium directly based on the
archives of the Board of Punishments, and as we have just seen, it was produced
by legal specialists who were Board personnel, some of them with considerable
38 rSee Dai Dunyuan :illtî.t;ït, preface to the Shuotie leibian ~t.!;~f.<ia (1834). 39 There is an undated sequel entitledXuzeng Mt.:!1? Bo'an xinbian, with cases covering the period
.1783-1797, and another one entitled Bo 'an xubian Mt f<Jii , with cases covering the period 1796-
1816. 40 See Bo'an huibian .~ ~ '.tf<ia, ed. He Qinhua 1"JliJ f. et al. (Beijing: Falü chubanshe, 2007),
p. 3. The original edition of the Bo'an huibian was published in 1884; it included the Bo'an
xinbian, the Bo 'an xubian, and a compilation of cases reviewed at the Autumn Assizes during the Xianfeng and Tongzhi periods (1851-1874), the Qiushen shihuan bijiao hui'an tk • 'Jf ~ ~ttît '!'. ~ . On the limitations of the Xing'an huilan, see also Matthew H. Sommer, Sex, Law, and Society in Late Imperia! China (Stanford: Stanford University Press, 2000), p.
24.
From Archive to Handbook / 179
experience. A sizable number of similar compilations featuring later materials,
both leading cases and Board memoranda, saw the light of day during the
nineteenth century. Most of the collections of Board memoranda were directly
or indirectly drawing from the archives of the Lüli guan-the compilers either
had made copies from these archives when they were serving as Board officiais
or were using copies made by others.41 Such direct access endowed their work
with an authority, an immediacy, and an exhaustiveness denied to works based
on such secondary sources as the Peking Gazette (dibao ~~~),or on provincial
archives.42
What seems to have happened is that, even though after 1784 (or so) the
Lüli guan systematically archived the materials it produced, this was done in a
purely chronological way, which made the archives unpractical to consult even
for those who had direct access to them. Bao Shuyun j§i!i~ , the author of the
Xing'an hui/an (first published in 1834, and with an 1840 supplement entitled
41 A typical example is Hu Tiaoyuan i5JHfol ;ït , the compiler of a work entitled Xingbu shuotie
jieyao 7fHF~t.5.t&-t- (first published in 1830), who spent a long time as an official in the Board of Punishments, during which he was able to collect materials; after his appointment as prefect in Anhui in the 1820s he had his former colleagues at the Board hand copy more than a hundred volumes of shuotie. All of this formed the database from which he selected the cases included in his compilation, covering the period 1784-1829. Another example is Wang Jinzhi )3'.. i! z , the compiler of a large collection entitled Shuotie bianli xinbian ~
t.5J'JH1#Jî"f.<Jii (1836), who is described in one preface as a literatus with a strong interest in statecraft; he was able to access the shuotie kept at the Board thanks to one ofhis sons-in
law when the latter was head of the Autumn Assizes office. 42 In his 1811 preface mentioned above, Chen Tinggui contrasts the work of the compiler, Song
Qian *-"tl , with the private editions of the Code with commentaries that flourished from the late eighteenth century onward: the latter were prepared by private secretaries working in the provinces who consulted "old cases" for insertion in their commentaries, and, though useful, their work is full of lacunae. In his 1834 preface to the Shuotie leibian ~ t.5 i/iji ~ , a compilation made directly at the Board of Punishments by the officials in charge of the Autumn Assizes, Dai Dunyuan :illt î.t ;ït makes the same comments almost word for word.
180 / Pierre-Étienne Will
Xuzeng ~t~ Xing'an huilan), tells us that he conceived the idea of compiling
a systematic collection of leading cases after he had joined the Board of
Punishments in 1823 and had been able to see how the cases from the successive
years were accumulating without any organization, forming a mass "as vast as an
ocean" ( 55:5<05*!~ ). More specifically, he says that the Lüli guan memoranda
(which constitute about one half of the contents of the Xing'an huilan) were
bound into annual registers devoid of any classification.
The high point in the compilation of shuotie anthologies seems to have been
the mid-Daoguang years (around the 1830s). This may have corresponded with a
high point in their production. The famous late Qing jurist Shen Jiaben explains
that from that period onward, the Lüli guan officials tended to make their work
simpler by giving their advice orally and writing less and less memoranda; by
the 18808, according to him, they had completely disappeared.43 This situation
seems reflected in the contents of the successive installments of the Xing'an
hui/an: whereas in the original work, completed in 1834, shuotie make up about
a half of the ca: 5,600 cases, the rest being leading cases and other materials, in
the Xu xing'an huilan of 1840 the proportion is only one tenth of the ca. 1,670
cases. The much later Xinzeng ~jf t~ xing'an huilan, which covers the period
1842-1885, contains virtually no shuotie.
Still, Shen Jiaben's claim should not necessarily be taken at face value. For
example, there exists another sequel to the Xing'an huilan, the Xing'an huilan
xubian Jfij~~'.it~lUi, whose contents cover the years 1838-1871 and which
features about 1,200 shuotie out of a total close to 1,700 entries.44 Likewise, a
43 See Shen Jiaben's preface quoted above. 44 The draft of the Xing'an hui/an xubian, completed in 1871 and first printed ( after some
further editing) in 1887, was assembled by a group of capital officials including two officials of the Autumn Assizes Bureau of the Board of Punishments, Wu Chao !<: i*'1l and Xue
FromArchive to Handbook / 181
large manuscript compilation of Board memoranda in 27 juan, held at Columbia
University (it is entitled Shuotie in the catalogue), covers the period 1840-
1890 approximately, with the largest number of cases dating from the Guangxu
period. The same library also has a work entitled Zengding xingbu shuotie t~~iT
Jfij :gG §>î $tî (Memoranda from the Board of Punishments, Augmented), published
in Guangxi in 1883, which features shuotie dating from the years since 1850
approximately. There exist a few more examples suggesting that shuotie
continued to be circulated within the Board of Punishment through the very end
of the nineteenth century.
2.2.2. Leading Cases
The considerations above concern Board memoranda, in other words,
unedited documents coming from the archives of the Bureau of Codification,
either directly copied there or already circulated by the Board. As we have seen,
not a few compilations mix up the memoranda properly speaking and "leading
cases" (cheng'an), in other words, the memorials approved by the throne that
concluded a case, following exchanges with provincial governors as well as
interna! discussions at the Board wholly or partly led through memoranda.
Published compilations of leading cases antedate compilations of shuotie,
for the simple reason that the Lüli guan archive of shuotie was only started in the
1780s. To my knowledge, the earliest compilation ofleading cases is a composite
collection entitled Dingli cheng'an hejuan JË-WŒfflG~~~ (A Combined Engraving
of Regulations and Leading Cases), assembled by a private secretary by the
name of Sun Lun ~~and published in 1707 in Wujiang (Jiangsu).45 The work
Yunsheng iîf Jt, 11- . 45 Several supplements were published, featuring entries down to the mid-l 740s.
182 / Pierre-Étienne Will
introduces a variety of substatutes, leading cases, edicts, and administrative
regulations (chufen 11& 5J- ) covering the first four decades and a half of the
Kangxi reign. It is organized according to the parts and sections of the Penal
Code and follows the same outline in 30 chapters; cheng'an, which are printed
in smaller characters and feature as complements to the regulations and other
materials, are in fact abstracts of the original cases, as they introduce only the
minimum of detail necessary to explain the sentence proposed at the end, or why
a sentence proposa! was rejected. The sources used are obviously the collections
of regulations published by the govemment and materl.als circulated through
various media, including the Peking Gazette. This is in fact true of a number
of other such works, though some of them could also feature unpublished
documents drawn from central govemment or provincial archives.46
Several important collections more specifically devoted to leading cases,
covering periods of various length, appeared during the eighteenth century, such
as the Cheng'an huibian P.lt~-~i (A Compilation ofLeading Cases), compiled
by an imperial clansman named Yaerhashan l':mft ~ '*:§: (1746 preface);
its bulky follow-up, the Cheng'an xubian fflG ~ ~ ~i , compiled by Tongde leu t~ and Li Zhiyun *-5ÉJ~ and engraved in 1755 in the yamen of the Zhejiang
provincial judge, to which a supplement ( =~U) was added in 1763 and another
one ( ff§) in 1771; the Cheng'an zhiyi g\G~Jf~ (Asking about Doubtful Points
iI)- Leading Cases), of which a 1746 and a 1755 editions have been preserved:
46 Examples include the Cheng'an xubian ~ ~ $l ~ , published in Hangzhou in 1755, which drew from the Zhejiang archives for the documents concerning that province and from the Peking Gazette for the rest; and the Yuedong cheng'an chubian -IY-~~ ~ ;fJJfa,jQ of 1828, based on documents kept in the provincial archive at Canton. (See below for these two works.) For a collection combining leading cases culled from the Peking Gazette and from the archives of the Board of Punishments, see the Xingbu bo 'an huichao 711-%~ .~ ~ '.t t)' compiled by Ding Renke T J..... ;;r (1764 prefaces).
From Archive to Handbook / 183
this is a collection of over 4,300 leading cases covering the first hundred years
of the Qing, assembled by a legal private secretary named Hong Hongxu 53*5l ~ (who also authored an important revision of the most infiuential commentary
to the Qing Penal Code, Shen Zhiqi's 5%::(:: ~ 1715 Da Qing lü jizhu :k5%1$f:ij 5± ); the Mouyi beikao ~8{~~ (Reference Materials to Make Plans for One's
County, 1758 preface), the result of years of taking notes on cheng'an, also
compiled by a private secretary, Wu Guanghua ~:716~, with a strong emphasis
on the problems raised by resorting to analogy to judge cases not provided for
by the statutes and substatutes in the Code; the already mentioned Bo 'an xinbian;
the massive Cheng'an suojian ji fflG ~ pfT 5ê, ~ (A Collection of Leading Cases
That I Could Access ), in four installments totaling 95 juan and covering the
years 1736-1805; and several others.
Still, the bulk of cheng'an compilations is definitely nineteenth-century. The
titles are too numerous to be cited here-some have been mentioned earlier in
this essay. Principles of organization differing from the standard Penal Code grid
are occasionally encountered. An interesting example is a collection of leading .
cases conceming affairs that occurred in Guangdong, the Yuedong cheng'ari1/ "
chubian -*P.lG~~JHi (Leading Cases from Guangdong, First Installment)
of 1828. This work in 38 juan was compiled by a private secretary named Zhu
Yun *~ who was employed in the provincial judge offices during the years
1815-1828 and apparently drafted most of the judgment proposals discussed in
the text. The latter is organized according to eight categories of crimes, with a
variable number of subcategories: they include homicides (ming'an $~ ), injuries
(shangren {~A.), bandits and robbers (daofei ~~ ), escaped prisoners (shiqiu
*. IEI ), accusations (kongjie ~H ), miscellaneous cases (zayan ~- ), crimes
committed by of:ficials (zhiguan ~ '§ ), and administrative punishments (yichu
~11& ). As in many other collections, the cases are in the form of communications (zi
'---- ·-·--------=-=~-_:_:_:_~--=======-==--=========""""'-----~[11111111-"""""~-----------------=========------
184 / Pierre-Étienne Will
'a ) notifying the provincial authorities of the final decision. Each communication
reproduces the memorial submitted by the Board of Punishments (or the Board
of Civil Service in the last two categories), followed by the emperor's rescript.
The Board memorial first quotes from the original Guangdong governor
memorial submitting the case and proposing a sentence, comments on it, and
proposes a final decision.
2.2.3. Autumn Assizes Decisions
Finally, I should mention an important subset of documentary compilations
emanating from the Board of Punishments: the compilations of cases submitted
for decision at the Autumn Assizes. The object of such submissions was
to validate, defer, or in a few instances pardon a capital sentence already
pronounced-the respective categories being called "circumstances confirmed"
(qingshi '~'If), "decision postponed" (huanjue ~.,15~ ), and "can be pardoned"
(kejin BJî-t ). All of the examples I have been able to see date from the nineteenth
century,47 and their format is very specific. Allowing for some variants, a typical
entry would include the name of the criminal, the name of the Board department
involved (i.e., corresponding to the province where the case had occurred), the
year, a short abstract of the case and a brief argument for either execution or
deferment, and finally the decision proposed by the Autumn Assizes office and
approved by the emperor. Another peculiarity is the order in which the cases are
listed, which is different from the order of statutes in the Penal Code followed
47 Among the earliest examples k:nown to me are a manuscript entitled Bu ni qiushen shihuan .g~~t.k.~ 'Jf" .~ (Board's Proposals for Immediate Execution or Deferment at the Autumn Assizes), held by the CASS Institute of Law, whose contents cover the years 1809-1830; and another manuscript (apparently ready for publication) entitled Qiuyan bi t.k.~Ht. , covering the years 1805-1837, at the Beijing University library.
From Archive to Handbook / 185
in most collections of shuotie and cheng'an. This order was prescribed by the
Autumn Assizes regulations, published under such titles as "Rules on Confirming
or Postponing Execution in the Autumn Assizes" (Qiushen shihuan bijiao
tiaokuan f')(~Jf~lt:t®l{~jfX ), or variants thereof, which were first promulgated
in 1767 and are sometimes reproduced in the compilations of cases themselves.
The order is as follows: (1) Crimes by officiais and crimes against people related
by mouming (zhiguanfutu ~'§ij~il! ); (2) homicides (renming A.$); (3)
sexual crimes, robbery and theft (jiandao qiangqie ~5.:;r:t.ê~ ); (4) various
crimes (zaxiang ~J~ ); and (5) cases adjudicated by analogy.
The aim of both the regulations and the lists of cases offered as examples
was to help the provincial authorities to send correct recommendations for the
Autumn Assizes regarding the cases that had originated in their jurisdictions (and
first of all, regarding the criminals who were awaiting execution in the localities
where the crimes had taken place). In other words, it was to inform them about
the principles goveming the recent decisions worked out by the specialized
bureaus in Beijing, so that their own recommendations for either deferment Qr ,; ,
immediate execution would not risk being reversed by the Board-for example;~· a recommendation for immediate execution being "changed into deferment"
(gaihuan "&~l ), and so on. In fact, the prefaces to one of the most important
works in this category-it covers the period 1828-1870-claim that the decisions
listed in it, which resulted from debates among the Board's high officiais and had
been approved by the emperor, are especially precious for provincial officiais
because of their precision and faimess, but that their consultation should be
useful to magistrates as well.48
48 See Qiushen shihuan bijiao cheng'an t.k.~j\~~t.~~~, prefaces by Yingxiang ~# (1872) and Lin Enshou #.@..~(no date). Yingxiang, the sponsor of the work, was Sichuan
186 / Pierre-Étienne Will
Concluding Remarks
Whatever the case may have been, all the compilations described in the
previous section-of leading cases, of Board memoranda, and of Autumn
Assizes assessments-shared the same goal: it was to make the decisions arrived
at by the central judicial bodies known to the widest possible audience, when
many of them lay buried in the archives. Only then could the vast jurisprudence
accumulated by the ultimate authorities in legal matters be used to help the local
courts confronted with legally difficult situations make infôrmed proposals-and
especially, proposals with a good chance of escaping rejection. To be sure, only
the limited part of that jurisprudence that was officially circulated (tongxing :W fi) through the Peking Gazette or other such conduits could be cited as precedents
in judgment proposals. Yet preface after preface emphasizes the importance of
having access to as large as possible a corpus of "leading cases" and other such
documents, even if non quotable in judgments proposals, in order to familiarize
oneself through constant consultation with the type of le gal reasoning developed
by the Board specialists in the countless cases involving facts and situations for
which the Code made no straightforward provisions.
As anybody familiar with Qing legal matters knows, it is a topos among
legal specialists to recall the contradiction between the invariability of the law
and the infinite variety of facts and behaviors, to which it is not infrequently
added that with the passing of time people tend to be more and more inclined
provincial judge, and he had brought to his office cases that he had copied or collected when he served at the Board of Punishments. The work was compiled and edited by Lin Ershou, a private secretary. It was published in Sichuan in 1873 and again in 1881 (with a supplement); there is also an 1876 edition published at Liulichang in Beijing, and a manuscript copy in the Ôki collection at the University of Tokyo.
From Archive to Handbook / 187
to craftiness and trickery. Yet facts cannot by any means be distorted to fit into
the categories provided by the Penal Code (the zuiming $iJ ): the only way to
deal with circumstances for which the Code makes no provision and ensure a
fair judgment is to resort to analogy, and for this to do one needs to take account
of the precedents accumulated in the past. In the words of one preface writer,
"The law is based on circumstances, but circumstances cannot be predicted and
laws do not change; having to adjudicate circumstances that cannot be predicted
with laws that do not change, if one does not refer to what has been done in the
past, there will inevitably be confusion and mistakes" ( :*5!::zts:-'f-'~ ' '~~JE iffi)t;;::f~ ' PJ::f~z5tIJL~JÈZ'~ ' ~~~~ttlftJJi ' ~::f~~~ ). Hence the
indispensability of compilations of cases complementing the body of officially
circulated cheng'an. As the same writer remarks, the decisions based on analogy
made by the central judicial offices are known only to the govemments of
the provinces where the cases occurred. As a result, if the decisions are not
circulated, officials in the empire will hold views limited to their localities and
will be unable to gain comprehensive knowledge.49
The compilations of leading cases and Board memoranda, whether
published or manuscript, were anthologies: their authors selected the documents
they deemed the most useful and the most significant from a vast body of
archives otherwise inaccessible, they submitted them to a variable amount of
abridgment and editing-sometimes minimal, sometimes quite drastic-and
they organized them in such a way that the reader would find his way easily.
The approach, in other words, was not unlike that of the authors of individual
anthologies discussed in the first section of this essay. The goal was in part the
49 Zhou Xuejian %] Jf:1ii , preface to Yaerhashan $. ~ •%%- , comp., Cheng'an huibian fi5i.. #-;l'. f.<~ (1746).
188 / Pierre-Étienne Will
same: it was to disseminate the best knowledge, the best values aiid the best
practices available to the widest possible audience, with the ultimate aim of
improving government. And in both cases the process consisted in transmuting
the contents of archives inaccessible to most into books available to everyone.
The difference, as already noted, was that the authors of individual anthologies
emphasized the individual, either as an ideal-type-the model official-or as an
eminent person-themselves. In contrast, the compilations of judicial cases and
other such materials, which were often anonymous or collective efforts, ignored
the individual but emphasized the institutions and the niles that presided over
their operation.
From Archive to Handbook / 189
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