Bamboo Scroll竹簡 Ep. 1 · Three Articles of Law
A small rebel army filing down out of a mountain pass onto the plain below the walled Qin capital at dawn, banners over the ramparts, 206 BCE
Bamboo Scroll · Han · Episode 1

Three Articles of Law

Into the Pass, 206 BCE — A rebel of fifty from a village in the east walked into the richest capital in the world, refused the palace, refused the treasury, refused the surrender king — and wrote the terms of an empire that would take his name for its own.
18 panels~9 min read free to readevery line sourced
Panel 01: Tenth month, 206 BCE. The pass road out of the east climbed through mountains of black stone, and at the end of it lay the valley of Wei and the capital of the empire. An army from a village was coming down.
Tenth month, 206 BCE. The pass road out of the east climbed through mountains of black stone, and at the end of it lay the valley of Wei and the capital of the empire. An army from a village was coming down.
Panel 02: At Zhi Road, outside the city, a young man came out in a white horse and an unadorned cart. A cord went round his neck. In his hands he carried the seals and the tallies of the emperor — because the Qin had stopped calling him emperor forty-six days earlier.
At Zhi Road, outside the city, a young man came out in a white horse and an unadorned cart. A cord went round his neck. In his hands he carried the seals and the tallies of the emperor — because the Qin had stopped calling him emperor forty-six days earlier.
Panel 03: Several of the officers said the Qin king had to die. Liu Bang said no, and handed the man over to the officials of the palace with nothing done to him.
Liu Bang The King of Chu sent me west because I know how to bear with people. He has submitted. To kill a man after he has submitted is unlucky.
Several of the officers said the Qin king had to die. Liu Bang said no, and handed the man over to the officials of the palace with nothing done to him.
Panel 04: Forty-six days is all the last King of Qin was allowed. He had spent them planning the murder of the minister who had put him there: a feigned illness, a eunuch with a blade, a body in the ablutions palace, and three kin-groups exterminated behind it.
Forty-six days is all the last King of Qin was allowed. He had spent them planning the murder of the minister who had put him there: a feigned illness, a eunuch with a blade, a body in the ablutions palace, and three kin-groups exterminated behind it.
Panel 05: When the gates opened every general ran for the treasuries of gold and silk. One man went to the offices of the chancellor and the censors and took away the law codes, the documents, the registers of households — and had them put away.
When the gates opened every general ran for the treasuries of gold and silk. One man went to the offices of the chancellor and the censors and took away the law codes, the documents, the registers of households — and had them put away.
Panel 06: Then Liu Bang walked through the palaces of Xianyang — the curtains, the dogs and horses, the thousand and thousand of treasures, the women — and told his staff he meant to stay in them. Fan Kuai told him to go back out. He would not listen.
Zhang Liang You have no sooner entered the pass than you want to rest in what the Qin rested in. That is called helping the tyrant oppress.
Then Liu Bang walked through the palaces of Xianyang — the curtains, the dogs and horses, the thousand and thousand of treasures, the women — and told his staff he meant to stay in them. Fan Kuai told him to go back out. He would not listen.
Panel 07: So the army went back out and camped at Bashang, above the city, and the elders and worthies of every county in the region were summoned. He gave them three articles: your Qin law slandered was a clan's death, and talking together in the street was a corpse in the market.
Liu Bang A law of three articles: whoever kills a man dies; whoever wounds a man, or robs him, answers for it in his person. All the rest of the Qin law is void.
So the army went back out and camped at Bashang, above the city, and the elders and worthies of every county in the region were summoned. He gave them three articles: your Qin law slandered was a clan's death, and talking together in the street was a corpse in the market.
Panel 08: The people of Qin were delighted, and brought oxen, sheep, wine and food to the camp, competing with each other. He refused to take them: the granaries were full, he said, he did not want to cost anyone anything.
Liu Bang The granaries of Qin are full enough. I do not want a single meal out of anyone.
The people of Qin were delighted, and brought oxen, sheep, wine and food to the camp, competing with each other. He refused to take them: the granaries were full, he said, he did not want to cost anyone anything.
Panel 09: Word came west. Liu Bang meant to make himself king of the region, to keep the Qin king as his chancellor, and to hold all the treasures of the palace. Behind the message stood a man of his own staff. Then four hundred thousand came to Xiji.
Word came west. Liu Bang meant to make himself king of the region, to keep the Qin king as his chancellor, and to hold all the treasures of the palace. Behind the message stood a man of his own staff. Then four hundred thousand came to Xiji.
Panel 10: The old man beside Xiang Yu's chair had a different reading of the news. A man who had wanted money and women was now touching neither. That is not reform; that is appetite with a lid on it.
Fan Zeng I have sent men to look at his cloud. It is dragon and tiger in five colours. Strike, and lose no time.
The old man beside Xiang Yu's chair had a different reading of the news. A man who had wanted money and women was now touching neither. That is not reform; that is appetite with a lid on it.
Panel 11: That night a knight of Chu rode to Bashang to beg an old friend to run away with him. The friend was Liu Bang's counselor. He said he could not be seen deserting a man in danger, and went to report the visit.
That night a knight of Chu rode to Bashang to beg an old friend to run away with him. The friend was Liu Bang's counselor. He said he could not be seen deserting a man in danger, and went to report the visit.
Panel 12: At dawn Liu Bang came with a hundred and odd horsemen to the gate at Hong Gate, raised a cup of long life, and swore himself of the family of Xiang Bo. They had broken Qin together, he said; he had not expected to be the one who got in first — and now a petty man had put a gap between them.
Liu Bang Since I entered the Pass I have not touched a hair of anything. I registered the clerks and the people, sealed the treasuries, and kept them for you.
At dawn Liu Bang came with a hundred and odd horsemen to the gate at Hong Gate, raised a cup of long life, and swore himself of the family of Xiang Bo. They had broken Qin together, he said; he had not expected to be the one who got in first — and now a petty man had put a gap between them.
Panel 13: They drank. Fan Zeng kept looking at Xiang Yu, and three times lifted the jade ring-slice from his belt. The word for the ring-slice sounds like the word for cutting a thing through; the histories do not say that aloud, but everyone at the table heard the gesture.
They drank. Fan Zeng kept looking at Xiang Yu, and three times lifted the jade ring-slice from his belt. The word for the ring-slice sounds like the word for cutting a thing through; the histories do not say that aloud, but everyone at the table heard the gesture.
Panel 14: For a while the banquet was only two swordsmanship displays going on at once, in the middle of a room of seated guests who were all watching the man being cut at.
For a while the banquet was only two swordsmanship displays going on at once, in the middle of a room of seated guests who were all watching the man being cut at.
Panel 15: Fan Kuai came in with his shield slung on his shoulder, knocked the halberdiers down at the gate, parted the tent curtain, and stood facing east with his hair bristling up and his eyes about to split. Xiang Yu's hand went to his sword and he sat up on his knees.
Xiang Yu A knight. Give him a bowl of wine.
Fan Kuai came in with his shield slung on his shoulder, knocked the halberdiers down at the gate, parted the tent curtain, and stood facing east with his hair bristling up and his eyes about to split. Xiang Yu's hand went to his sword and he sat up on his knees.
Panel 16: He put his shield face down on the ground, laid the raw shoulder on it, drew his sword, cut, and ate. Then he raised the bowl, drained it, and answered his host's question with a speech.
He put his shield face down on the ground, laid the raw shoulder on it, drew his sword, cut, and ate. Then he raised the bowl, drained it, and answered his host's question with a speech.
Panel 17: The argument was not an appeal for mercy. The King of Chu had bound every general with one oath — whoever broke the Qin first and entered Xianyang should rule it — and the man now sitting at Xiang Yu's table had done exactly that, and had taken nothing, and had come to explain himself with a hundred horsemen.
Xiang Yu Sit.
The argument was not an appeal for mercy. The King of Chu had bound every general with one oath — whoever broke the Qin first and entered Xianyang should rule it — and the man now sitting at Xiang Yu's table had done exactly that, and had taken nothing, and had come to explain himself with a hundred horsemen.
Panel 18: Liu Bang got out at a moment in the drinking, by a mountain road, with four men and no retinue; Zhang Liang stayed to present a pair of jade cups. Xiang Yu took his and set it on the mat. The old man of Juchao threw his on the ground, broke it with his sword, and spoke the sentence the next four years belonged to.
Fan Zeng You cannot make plans with that boy. The man who takes the lord of Xiang's realm will be Liu Bang. We shall all be his captives.
Liu Bang got out at a moment in the drinking, by a mountain road, with four men and no retinue; Zhang Liang stayed to present a pair of jade cups. Xiang Yu took his and set it on the mat. The old man of Juchao threw his on the ground, broke it with his sword, and spoke the sentence the next four years belonged to.

In this episode

Seven names carried 206 BCE: the rebel who took the capital, the warlord who had been promised it, and five men whose advice decided which of the two was going to be a founder.

Portrait of Liu Bang
Liu Bang劉邦
256–195 BCE
Village official of Pei, fifty years old when he took the capital. Held the pass three months on a promise, and won an empire by refusing what he was offered.
Portrait of Xiang Yu
Xiang Yu項羽
232–202 BCE
Commander of the allied armies, forty thousand strong. Broken the Qin main body already, he came west to punish a man he had agreed to make king.
Portrait of Zhang Liang
fl. 218–195 BCE
Heir of a destroyed state, counselor to both men in turn. Persuaded his general to sleep in the open and later walked him out of a banquet.
Portrait of Fan Kuai
Fan Kuai樊噲
d. 189 BCE
A dog butcher of Pei by trade, brother-in-law to Liu Bang. Remonstrated with his lord at the palace and carried a shield through the gate at Hong Gate.
Portrait of Xiao He
Xiao He蕭何
d. 193 BCE
Liu Bang's old superior in the county office. While the generals scrambled for gold he loaded the archives: maps, registers, statutes.
Portrait of Fan Zeng
Fan Zeng范增
d. 204 BCE
An old man of Juchao, the strategist behind Xiang Yu's throne. Read Liu Bang's abstinence as ambition, and cursed the feast afterwards.
Portrait of Ziying
Ziying子嬰
d. 206 BCE
Forty-six days King of Qin. He killed the minister who had enthroned him, then came out in a plain cart with a cord about his neck.

Myth Check

The Ming romances of the Han dynasties, the stage plays drawn from them and the serials drawn from those are entertainment — and not a source. Where their famous scenes depart from the histories, we leave them out of the story and put them here.

The story you may know

Ziying was the last emperor of Qin.

What the sources say

He was the last king. When Zhao Gao made him head of the house in late 207 he took away the imperial style and called him King of Qin, and the histories keep that title for his forty-six days; the seals he carried out at Zhi Road were the seals of an empire he had been demoted from.

Shiji, Basic Annals of the First Emperor of Qin; Hanshu, Annals of Emperor Gaozu
The story you may know

The three articles were the beginning of Han law.

What the sources say

They were the terms of an occupation, and short-lived as such. The codes Han actually ran on grew out of the Qin statutes Xiao He carried out of the archives: the traditional nine chapters keep Qin's seven and add household, corvée and stables. The bamboo statutes copied out in 186 BCE and found at Zhangjiashan read like Qin law with the worst edge taken off, not like three articles.

Hanshu, Treatise on Punishments and Laws; Jinshu, Treatise on Punishments and Laws; Zhangjiashan Han tomb slips, tomb 247
The story you may know

Xiang Yu lost the empire at Hong Gate because he was too honourable to kill a rival.

What the sources say

The histories give a smaller reason and a larger one. The smaller: he had just taken Liu Bang's submission in front of his own officers, and Fan Zeng's signal was looked at and not answered. The larger: the settlement he made three months later — eighteen kingdoms, himself as overlord of Western Chu, Liu Bang parked behind three Qin kings in a valley — is what had to be lost. One banquet did not decide a realm, and Sima Qian, who loved the scene, says as much by setting the partition out in full.

Shiji, Basic Annals of Xiang Yu; Basic Annals of Emperor Gaozu
The story you may know

The cloud-gazing proved that Liu Bang had heaven on his side.

What the sources say

It is in the text — Fan Zeng says he sent men to look — but it is one omen among the several Sima Qian plants round the rise of Han, and none of them is evidence for anything except belief in them. What the surrounding sentences show is a general reading his opponent's changed behaviour and drawing the obvious conclusion: a man who wants nothing yet wants a great deal.

Shiji, Basic Annals of Xiang Yu
The story you may know

Zhang Liang was a cool, otherworldly strategist with no body of his own.

What the sources say

His hereditary house says he was sickly most of his life, that after the empire was settled he took to breath-cultivation and stopped eating grain, and that he shut his door and did not go out for over a year. He also asked for the smallest fief on offer, the place where he had first met Liu Bang, and explains the request in the text as a piece of self-preservation. The immortal in the mountain cap is the novel's doing.

Shiji, Hereditary House of Marquis Liu

Sources

Every caption and quotation in this episode traces to one of these. Where scholars disagree, the panel says so.

Next

The law held; the alliance did not. Five years of war later the founder took the frontier himself and was surrounded on a tableland for seven days: Episode 2 · Seven Days at Baideng (Pingcheng, 200 BCE). That seven-day siege set the terms the Han kept for sixty years. Or back to the Han line, or meet the cast.