Jordan: Sworn Brothers: Appendix of Documents

The following two contracts were collected by L. Ivanov in Manchuria at the turn of the twentieth century and published in Russian translation (Ivanov 1914). They are of interest here because they represent an extreme example of the instrumental use of sworn brotherhood, in this case to provide a simple legal system for the governance of a community. They are reproduced here partly in the hope that they may also interest students of Chinese law.

In his introduction, Ivanov explains that:

The two documents given below, one from the "Suchang valley," and the other from the Iman river valley, are in essence the same, differing only slightly in character. Thus in the first one, punishments for crimes are somewhat lighter, the death penalty is absent; whereas in the second one, burying the offender alive is one of the major punishments for a crime such as stealing more than five sable furs. The first document also acquaints us with the administrative structure (if this term may be used) of the sworn brothers. (Ivanov 1914: 7)

I have not located Suchang, the town where the first document was in force. Iman (Иман), mentioned in the second document, seems to be located near modern Guberovo, on the Ussuri, south of Khabarovsk, Russia, on the border of Héjiāng 合江 province [now assimilated into Hēilóngjiāng 黑龍江 province].

The Orochens mentioned in the same text are apparently a Tungus group. The most likely identification seems to be with the Orochon (Chinese: Èlúnchūn 鄂倫春, officially spelled "Oroqen," or Qílè'ěr 奇勒爾), an eastern Tungus group now living in small pockets in northern China, principally Inner Mongolia and Hēilóngjiāng, and at present [1985] estimated to number about 3,200.

Both documents (and other Russian translations in this paper) were translated into English in late 1975 by Alexander P. Mizyuk, a UCSD Russian tutor at the time, and very slightly modified by me. Ivanov occasionally adds explanatory notes in parentheses. Clarifications of my own are added in brackets []. Tones and characters have not been added to Ivanov's transcriptions from the Chinese, since it is not entirely clear which Chinese words are intended in every case.

It needs to be noted that a common word throughout the Russian text in the second document is khozyain (хозяин), which can refer indifferently to a master, boss, property owner, proprietor, host, or landlord, and by extension to a manager or master of a situation. I have employed the awkward translation "master" consistently for khozyain, but the exact relationship between the "masters" in question and the rest of the community is not entirely clear. This document is clearly part of a sworn brotherhood among these masters, however. Apparently it was enacted subsequent to the establishment of the sworn brotherhood itself as a supplement to the original jīnlánpǔ. Note that article 23 prohibits similar brotherhoods among their subordinates.

DKJ

First Document (1892) (Ivanov 1914: 7-11)

Pledge of Brotherhood

In the eighteenth year of the Guangxu reign [1892], first moon, twenty-sixth day, we established a collective agreement (pledge of brotherhood).

Everyone knows that in China there are five family and social relations. The allies, binding themselves with an oath, hereby begin a friendship by which those who were not born together are willing to die together. Let us follow the example of the Three Sages in the Peach Garden, who established a union and drew the respect of even the wisest people in those ancient times.

Let the law of the Tai Yuan dynasty live 1,000 years, and let us, its lesser brothers, also live 100 years. Let us not scatter, as they did during Suizhou but boldly declare a union, as they did during Gucheng, and let our truth be as deep as four seas. Here at Suchang many of us allies gather, having made this Suchang agreement, consisting of the following:

Below are numerous signatures, divided into categories, depending upon the ages of the participants:

Assignment of Positions

Zhong daye, or the oldest brother, is in charge of all matters, having at the same time the legislative power. He is, so to say, a president in the small Suchang republic, the only difference being that he cannot be replaced. He has a large staff of all kinds of assistants and executors of his wishes. Orders given by Zhong daye go first to Bang laoda and then to Bangban laoda. These latter ones, being the executive power, bring the orders of the older brother into effect.

In charge of relations with the Russians, with the government, as well as with individual citizens, is the foreman (who, by the way, now holds the position of interpreter in the Vladivostok police department). This is a man well acquainted with the Russian language. His assistants are two Bangban laoda. There are four Zunzhong wenguan laoda for carrying out hearings. The chairman of the court is Zhong daye. Serving more or less as our police are two Xueshi wenguan laoda. One of them is in charge of the marine department.

In charge of bringing the brothers to meeting and relaying information are four Tietou laowu and four Paogou laowu. Both the former and the latter are recruited from young Chinese; the first ones serve as messengers and the second ones are announcers. Both are called "inviolable" because they cannot be punished with bamboo.

Further down, there are two junior police ranks which are called Xueshi wenguan.

Working with them is the chief Dongxi haiyan zunguan, who relates directly to the Xueshi wenguan laoda. On the western side of the Suchang valley there is a separate manager who, together with the eastern executive, Dongcha, is under the Tonggong kouzhong shanshangzong wenguan.

In the Pinglangbie region, there is a separate executive manager, Pinglangbie guanshang laoda. Working with him is Paogou laowu, whose function is transmitting messages from Zhong daye. The entire list ends with one Xiongcha shanggou laoda, or a spy.

Second Document (1877) (Ivanov 1914: 11-16)

Brethren, we swore before Heaven to rule the valley of the Iman river from its mouth to its end, and all the adjacent territories, to rule the Chinese and Orochens as well as all newcomers and people wishing to live there. Let the law described below be the law for everyone; therefore any man who commits a crime or practices oppression and disobeys the law shall be punished in accordance with the law listed here without any mercy from justice.

In the entire valley of the Iman river and its surroundings the opening of gambling places (such as the bank game, card games, etc.) is permitted only during one month, namely from the 15th of November to the 15th of December each year. Those violating the law by not playing within the prescribed term, and also those who open games whose names are not given in the list of pledged brothers, even if it is within the outlined term, are sentenced to a fine of 400 pounds of movable possessions, one fat pig, and 20 bamboo lashes. All players shall receive the same punishment, the dealer, scorekeeper, and the master who opened the secret gambling place.

Section 1: If anyone, at night, with a premeditated purpose, steals sable furs from the trap of another person at that person's home, in the mountains, or in any other place, then he shall be buried alive.

Section 2: If anyone steals ginseng from another he shall be drowned in the river without mercy or leniency.

Section 3: If anyone steals from another young deer antlers, no-matter where, he shall be buried alive without mercy.

Appendix:
Two Community Contracts in the Form of Sworn Brotherhoods

First Document (1892) (Ivanov 1914: 7-11)

Pledge of Brotherhood

Assignment of Positions

Second Document (1877) (Ivanov 1914: 11-16)

Articles

Appendix: Two Community Contracts in the Form of Sworn Brotherhoods

First Document (1892) (Ivanov 1914: 7-11)

Pledge of Brotherhood

Assignment of Positions

Second Document (1877) (Ivanov 1914: 11-16)

Articles

Appendix:
Two Community Contracts in the Form of Sworn Brotherhoods