從張家山漢簡《二年律令．秩律》談漢初的尚書

近年《二年律令．秩律》為漢代歷史地理與官制史提供了新線索。本文比較〈秩律〉與《漢書．百官公卿表》的中央職官，發現〈秩律〉中不見尚書，進而展開論述，嘗試考索其原因。〈百官表〉記載的職官已是西漢中後期的建制，某些職官在〈秩律〉的時代可能尚未設置，自然不會出現在其中。然而有些職官確定在漢初已設置，卻未出現在〈秩律〉中。本文推測其原因可能有幾種：其一是〈秩律〉的寫法有略稱。其二，有些職官可能在呂后當政時沒有設置。其三，有些職官在當時沒有秩級，因而沒有列入〈秩律〉。當然，也不能排除現存〈秩律〉是摘抄本，或有闕簡、漏抄的可能性。《二年律令．史律》出現「尚書卒史」，證明尚書官署存在於漢初，然而卻不見於〈秩律〉。本文推測，呂后主政時，為了方便深居禁中發號施令，可能一度不置尚書令丞，而以中謁者令兼掌尚書傳遞文書的功能。

關鍵字

二年律令；秩律；尚書；中謁者；呂后

並列摘要

In recent years, the Emolument Rank Statutes of ”The Legal Texts of the Year Two” have provided new insights into the historical geography and history of the bureaucracy of the Han period. This study, by comparing the central government offices listed in the ”Emolument Rank Statutes” to the ”List of Officials” of the ”Han Shu”, reveals that the office of the Imperial Secretary is absent from the former, and offers further analysis into the possible reasons behind the omission.The offices listed in the ”Han Shu” were instituted sometime during the middle to late Western Han; it is possible that some offices simply did not exist yet when the ”Emolument Rank Statutes” was recorded. However some offices that we know with certainty were instituted during the early Han also are absent from the ”Emolument Rank Statutes.” This study suggests three possible reasons for this. One, the terminology in the ”Emolument Rank Statutes” might be abbreviated. Two, some offices might not have existed during the reign of Empress Lü. Three, some offices during this period were not included in the emolument rankings, and would therefore not be listed. Of course, the possibility that the ”Emolument Rank Statutes” are an abridged text, contain omissions, or copy errors cannot be ruled out.The presence of clerks for the Imperial Secretary (尚書卒史) in the ”Scribe Statutes” (史律) of ”The Legal Texts of the Year Two”, confirms that the office of the Imperial Secretary did exist during the early Han, although it doesn't appear in the ”Emolument Rank Statutes.” This study proposes that Empress Lü may have avoided installing aides or clerks to the Imperial Secretary in a purposeful effort to retain tight control of communication from within the palace, delivering documents from the Imperial Secretary instead through the Director of the Palace Receptionist (中謁者令).