Abstract
Regarding “dài”(逮) in the Qin wooden slips, there are primarily two scholarly explanations. According, “dài” denotes either “to arrest” or “to summon.” However, these explanations are accurate only partially. This article argues that “dài” originally referred to a legal procedure wherein suspects were brought to the court through different means by the magistrates, who would then render their adjudications according to the severity of the crime committed. If the purpose was to summon witnesses or suspects of petty crimes, the magistrates would issue official documents called “dài shu”(逮書) to the counties or affiliated units of said targets, requesting their presence at the court to deliver further explanations. In short, this usage is similar in function to today’s summons. As regards felons at large or escaping arrest, the magistrates would issue classified arrest warrants to request relevant counties or units to make swift arrests of the criminals without their prior knowledge and transport them to the judicial court. Such arrests made as per “dài shu” were therefore called “dài bǔ”(逮捕). However, “dài bǔ” was one of many methods of “dài” but not necessarily its equivalent. The usage is different in present-day meaning in regards to making an arrest of a person in flagrante delicto or a wanted criminal. In the Qin and Han dynasties, “dài bǔ” meant capture and detainment in the process of “dài.” As such, the capture of wanted felons was called “míng bǔ” (名捕)” or “zhú mìng” (逐命), rather than “dài bǔ.” According to historical materials of Tang and Ming dynasties, the practice of “dài” similar to today’s summoning procedure lasted until mid-Ming. The multiplicity in the definition of “dài bǔ” may have been a much later occurrence.
Keywords
wood slips, arrest, summons, wanted, fugitive
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