Contracts and Other Old Documents as Sources for Family History and Genealogy in Taiwan

Shih-Chang Wang

Born in Taiwan. Resides in Taipei. Researher, Comittee for Taiwan Historical Studies, Association for Asian Studies. Author, Historian.

PRIVATE OLD FAMILY DOCUMENTS COMMONLY SEEN IN OLD TAIWANESE FAMILIES

Old family documents are important materials for compiling family histories and genealogies. They are also primary sources for local and national histories written by genealogists and historians. Approximately fourteen types of old family documents can be commonly seen in old Taiwanese familes. They include:

Official Announcements and Documents

These include imperial edicts, announcements, notices, decrees, documents concerning the colonizing of aboriginal or border lands, directives, orders, bulletins, official announcements, medals for gentry, joint contracts and passports.

Land Contracts

These include the agreements, contracts and recipts of farms, land trading, presentation, description, exchanges and cultivation; there are generally eight types of contracts and receipts:

a. Contracts of land trading and presentation: This type of contract includes trading of plain lands, farms, gardens, unused lands, fishing ponds, "Feng Shui" (geomancy) lands, and estates.

b. Cultivation licenses: These licenses were issued by the government and allowed the license holder to explore and cultivate virgin plain land.

c. Land leases and cultivation contracts: These kinds of contracts were established between the Chinese or Ping Pu aborigines who had obtained the cultivation license and the tenant farmer. Under such contracts, the land proprietor or landlord would let the tenant farmer cultivate the unused plain.

d. Farm land and land leases: Farm land leases were established between the landlord or small farm landowner and the thenant farmer, while land leases were established between the land proprietor and leaseholder.

e. Estate appropriation and land description agreements: An agreement appropriating the estate to others for managment or defining the unclear boundary of the land.

f. Official survey certificates: After the virgin land has been explored and cultivated, the landowner would request an official survey of the land from the governement for the levy of land taxes. After the authorites had completed the survey work, a land certificate would be issued to the landwoner.

g. Land ownership certificates, land survey (measurement) receipts and land register copies: When Taiwan was ruled by the Japanese, a provisional land bureau was established in the thirty-first year of the Meiji reign (1899). In Meiji 36 (1903), the bureau surveyed the ownership of all pieces of land and put them into the survey record. Receipts and certificates of ownership were issued to the landowners who would, when necessary, apply for copies of the land receipts. In 1950, the land registration record replaced the receipt but the owner could still apply for a copy if necessary.

h. Land ownership succession registers, ownership transfer registers: During the Japanese reign and after Taiwan was restored to China, whenever the owner of a piece of land died, his legatees had to apply for the ownership succession register; for land trading, the owner had to apply for the ownership transfer register because the owner had to possess a copy of this kind of register.

Rental Taxes, Property Deed Receipts and Certificates

a. Property deed receipts and certificates were issued to people who had paid taxes to the government after they had bought a piece of farm land or real estate. The receipt or certificate carried the names of the traders, location, area, price, and tax amount of the land.

b. The primary lessor receipt: A kind of contract carrying details of the purchase and sale of the rentalships or stating the rental relationships between the primary and secondary lessors.

c. Land lease receipts: A kind of tax-levied contract carrying details of the rental relations between the secondary lessor or landlord and tenant or land lessor. A certain amont of deposit or rental was stated.

d. Farm cultivation and border land leases: A kind of tax-levied contract carryig the rental relations between a plain aborigine and a tenant farmer upon a piece of virgin land which had been appropriated to the plain aborigine by the Manchu government. A certain amount of deposit or rental was stated.

e. Miscellaneous duty receipts: These included storage duty, port duty, and transportation duty.

Documents of the Distribution and Managment of Properties

A kind of record known as a lotting document or lotting subagreement, receipt, or a will carrying details or the allotment of properties and money among members or a family.

Mortgage and Loan Documents (I.O.U.)

These include mortgages, mortgage transfers, pawns, loans, loan mortgages, and credit documents. To mortgage real estate (Tien) was to mortgage the ownership of the real estate to the creditor; the creditor was entitled to cultivate or make use of the land or to rent the land to the tenant farmer for cultivation after a certain sum of tax had been paid. To mortgage the receipts or certificates of real estate (Tai Chieh) was to pawn these receipts or certificates to the creditor so that the creditor was entitled to receive the rentals from the real estate as a kind of interest. Credit receipts were documents carrying the amount of cash being lent and borrowed without a mortgage.

Personal Contracts and Agreements

a. Bond service contracts: There were children selling agreements, son selling agreements, adoption agrrements, women selling agreements, wife selling agreements, and bondsman contracts. Son selling and adoption contracts were a kind of agreement specifying the trading of a non-relative male.

b. Children adoption and their succession agreements: Most such documents specify the adoption of a male blood relation, mostly nephews or sons of one's brother. In China this kind of relation was described as ko fang. Adoption of a male without relation was not popular in China or in Taiwan in the past.

c. Marriage agreements, marraige-into-the-wife's-family agreements, remarriage agreements, and divorce agreements: There were two kinds of marriage agreements, chein and kun. Chein was a document delivered by the male's family to the female's family; the kun was the reverse. these documents told how proud the family was of this marriage and were full of blessings, such as the hope that the couple would be on good terms forever and that they would bear lots of children. The marriage-into-the-wife's-family afreement was used when the family was without a son or when a widow took a husband. This kind of agreement had three types: a taking in, a taking out, and a taking in and then out. Almost all parties to the marriage participated in a marriage contract, which stated the conditions and terms of the marriage for both the male and female parties. Whenever a widow or divorcee remarried, there was also a marriage contract. Divorce agreements were also known as yu-shu or yu-chi agreements; they were also called li-yuan or tui-hun agreements.

d. Chu (will) tuo-ku or gaurdianship agreements, and tuo-chiao-chi agreements: The chu and tuo-ku agreements mostly related to family property taken care of by an honest relative or a friend when the heir was still young and not yet able to care for the property, or due to other reasons for which he was unable to care for his property. The will distirbuted the property of forefathers, while the gaurdianship agreement selected an honest person or relative to manage the property in order to preserve the property. When the minor grew up, the property would be returned to him. The tou-chiao-chi agreement was used when one had no offspring and requested someone else to assume the responsibility of making offerings to his ancestors.

Accusations

These included lawsuits and accusations brought when clan properties and tombs were occupied or destroyed. The division of property was included in these sentences and verdicts.

Business Contracts and Accountings

a. Trade agreements and withdrawal of shares: These included agreements establishing and dissolving partnerships.

b. Business receipts and accounts: These included accounts of revenues and expenditures and annual finacial statements.

c. Chambers of Commerce documents: These rose from the Chambers of Commerce in the tree chambers of Taiwan. After some improvements they became standardized.

d. "Acknowledging Teacher" cards: These cards were used when requesting a person to teach a vocation or skill; they were also known as yi-pang, kuan-tieh, and keui-tzu agreements.

Irrigation Aggrements and Permits

These were agreements to build and repair drains, ditches, and gutters and to decide shares of the irrigation water, fees, and tolls.

Aborigine Contracts

These included bilingual documents written in Chinese and romanized transcripts of the Ping Pu tribal language. Their contents included the cultivation of lands, mortgages, and loans and were comon in the south of Taiwan during the time the Dutch were in control of the island (1624-1662) and were used as late as Chiaching period (1796-1802).

Educational Archives

a. These were licenses to Confucian schools, hung pang (canidate papers), student papers, examination papers, permits to study in the county or prefecture Confucian schools, hung pang notices, student papers, and examination papers from the county and prefecture Confucian schools.

b. Successful civil examination essays: There were enrollment records, successful village examination essays (for chujen), seccessful royal court civil examination essays (for chiensi).

c. Teacher appaointment to charity school.

d. Letters, correspondence, and introduction of personal and official affairs.

e. Writings, poetry, and lyrical essays left by literati and scholars.

Horoscopes, Marriage Horiscopes, Selection of Dates for Marriage; Birth and Death Records

Horoscopes recorded the year, month, and day of a person's birth: they were called ming-tan. Marriage horoscopes based on the birth dates of the bride and groom were prepared before marriage to see that the bride and groom were appropriately matched. Auspicious dates were also selected for marriages, birthday parties, funerals, and the construction of houses and shrines. Some of the horoscopes recorded the birth dates of the whole clan were also known as sheng-keng records. Some recorded only the death dates of ancestors and wre called chi-chen records.

Merit Tablets, Prasing-Ancestor Records, Ancestral Offering Records, Prayer Scriptures

When a family member passed away in northern Taiwan, many families asked a Taoist priest to perform meritorious acts to help the deceased's soul pass beyond. When this was done "prayer scriptures" would be written; these were called merit records. Some were called "praising-ancestor" records and were then gathered together in a collection. Ancestral offering records recorded the ancestral properties and the schedule when each clan member was to take responsibility for the offering ceremony; they were also known as chang-huei agreements. Prayer scriptures came from seeking divine help in obtaining good luck, avoiding desaster, and seeking blessings from the Jade Emperor and other Gods.

Records of Conduct, Door Inscriptions, Household Registers, Copies of the Household Census Records, and Others

Records of conduct recorded an individual's breif history. Door inscriptions bore the Ching dynasty house number. during the Japanese occupation, household registers were kept. After restoration to the Republic (after 1945), household records have been kept.

Introduction of the Collection and Survey of Private Taiwanese Old Family Documents

In most of the old Taiwanese families, old family documents concerning the history and record of the clan were kept. However, due to the change of dynasties and era as well as the expiration of their legal force, their owners or collectors did not take proper care of them, and they have become relatively rare. However, there are still come who perserve these kinds of records.

It can be said that the relative systematization of Taiwan's old records began around the Japanese occupation (Meiji 33 or 1900). During the early years of the occupation, the director of civil affairs, Shinpei Goto, emasixed what he called a "scientific colonial policy." He thought that the customs, habits, social structure of Taiwan's people had to be fully understood so as to properly carry out administrative policy. Because of this, land registry and investigations into traditional customs ere fundamental activites. The governor of Taiwan entrusted Santaro Okamatsu of Kyoto Imperial University to work out an investigation proram for Taiwan's traditional culture. Professor Okamatsu edited a report in 1900 called Provisional on Investigations of Laws and Customs in the Island Formosa. He also collected eighty-nine ching dynasty documents from Taiwan, using English to explain old Taiwan's laws and customs.

In Meiji 34 (1901), the Japanese colonial governments established a Provisional commission for the Investigation of Old Customs. Large-scale investigating activites were carried out and old documents and record s concerning the old customs were collected: government announcements, private contracts and agreements, and account books in the late Ching dynasty and the early years of the Japanese occupation in Taiwan were also gathered.

As a result, in Meiji 34-40 (1901-1907), eight volumes of the First Report on the Investigation of Taiwan's Old Customs, seventeen volumes of Taiwan's Laws and two volumes of the Second Report on the Investigation of Taiwan's Economy were edited. Traditional documents, old documents, and agreements from the late Ching dynasty and early years of the Japanese occupation in Taiwan were quoted in chapter three of the First Report and n the bibliography of Taiwan's Laws. The Provisional commission also collected a number of old agreements and records and listed them in the bibliography of the Ta-Tsu Chu-Tiao Shu (Primary Lessors' Registry) edited in Meiji 37 (1904). Various documents concerning the primary rental business and others used in the early years of the Japanese occupation and the late ching dynasty were listed and explained in this report.

Also devoting themselves to the investigaion of Taiwan's customs were Yoshinori Ino, Naaojiro Murakami, and Isao Hirayama. Murakami specially collected and studied the aboriginal documents of the Ping Pu tribe. He wrote and edited two books: The Bilingual Formosan Manuscripts and  Sinkan Manuscripts.

After 1945 when Taiwan was restored to Chinese control, the Iaipei City Historical Research Commission was established in 1956. Some sixty old documents from individuals in northern Taiwan were collected. In 1976, the Committee for Taiwan Historical Studies of the Association for Asian Studies of the U.S.A. decided to systematically collect the old Taiwanese documents. Aware of the disappearance of the original documents after they had been edited into reports and records during the late Ching dynasty and the early years of the Japanese occupation period, and learning that there were, however, preserved in many private individual families a number of government notices and announcements during the late Ching dynasty and the Japanese occupation period, the committe started to collect these materials form the private families. In 1979, 2,712 public and private documents were copied and compiled into books. The original documents were mounted and returned to the owners.

Use (application) of the Old Family Documents in Editing the Family History and Genealogy

Imperial Edicts, Announcements, Superior Notices, Decrees, Documents, Directives

Chen Hsi-yu of Lukang Town has collected an imperial edict from Tungchih emperor, issued in 1873 to praise the parents of chen Chi-chih, the administration commissiorner. The edict said:    "Chen Tsung-yuan, father of chen Chi-chih Shih, administration of commissioner, is benevolent and charitable... Chang Shih, mother of Chen Chi-chih is a paragon of feminine virtue... Huang Tein-chuan of Tianan City has collected an official announcement issued in April 1867 by the Filial Peity &amp; Virtuous Deeds Bureau of Wu Huang Min-hsuan, filed by Imperior Student Huang Chao-chang, recording how and when Wu Huang was born and brought up has shown how she behaved virtuously during her marriage and after her husband died."

Lin Ying of Tainan has collected the merit tablet given to Chou Ke-chang, chief of the Garrison Command in Taiwan and Penghu in May 1885, which said Taiwan is and important coastal area; therefore is significant to emphasize the maritime patrol and pacification of aborigines. Chou has assumed his utmost responsibility to rule this area; thus, he deserves to be conferred with the title "Liu-Pien Ting-Tai." A merit tablet will be presented to him as a receipt in addition to the submission of his recor to the imperial authority.

All these kinds of records can be used as materials to edit the family history and geneaology of the Chen, Wu, and Chou families.

In December, 1879, a Mr. Wu, a baturu of the chief cheng Yung of the Taiwan area Kua Ying recorded an order which said, "According to the report of Cheng Yu-hua, head of the Chengland Farm... Cheng and his forefathers have resided for a life time in Chuichien Village, Hulutun, Changhwa.  In January 1878 he was commissioned by Chu Jih-sheng, chairman of the Supervisory Committee of Cultivation, to organize a group of farmers to cultivate the virgin land at  Chinlang Villa in Pushihkuo.  The cultivation ended successfully." This record can be used in editing and revising the family history since Cheng Yu-hua, who originally lived in Hultun, later moved to Pushihkuo in northern Taiwan and set up a branch family history of his own.

In the dispatched order collected in Taiwan Tunfan cases, a selection recorded by Mr. Sun of the Lakang Maritime Defense Sub-Headquarters of the Borderland Administration of Taiwan Central in November 1881 said, "According to the reports of Hsia Lien-fang, general directior of Wulaowan, Hihpei, and Chukan Farms in northern Taiwan, and Pang Jung-chun of the outskirt of Machu..." Hsia Po-chou of Lungtan Village has collected an order dispatched written by Hsiao Lien-fang, Commander of Liutun of northern Taiwan, on the eighth day of the first lunar monthe of 1882. The order said, "I, the commander, have been appointed to send more servicemen to fulfill the duties; I have then decided to appoint Hsaio Jui-yun as the general tun [military cultivation] leader; five hundred tun servicemen are to be led by him from now on." Hsiao Po-chou has also collected a directive from the acting magistrates of Tamsui County in February 1893, which said, "Hsiaoli Village... invited the villagers and colonists to a meeting and elected Hsiao Jui-yun, an honest and rich man, as the chief of Asiaoli Village." These materials can be used to edit and revise the family history and genealogy of Hsiao Line-fang, who was the decendant of Hsiao La-ying. The materials clearly record that Hsiao had been appointed the general chief of the Wupangwan, Jihpei, Chukan Farms in northern Taiwan in November 1881 and was later promoted to the commandar of Luitun (six farms) of northern Taiwan in the first lunar month in 1882. They also note that Hsiao Jui-yun had been commissoned as the general chief of the Remote Land Cultivation Committee in 1882 and the head of the Hsiaoli Village in 1893.

Ho Ying of Yanmei town has collected a Taiwan Medal presented to Ho Peng-lung of Tapuchuang, Taipei County, by Taiwan Governor Maresuke Nogi in 1897. This can be recorded in the family history and genealogy of the Ho clan.

Land Contracts

a. Land and real estate trading contracts can be used as the materials to edit and revise one's family history and genealogy. For example, Lai chun-liang of Shulin collected a trading agreement signed by Hisao Ting-kuei of Tantichuang, Haishan, in 1760, which said, "I, Hsia Ting-kuei, possess a piece of farm land which I bought earlier. The land, officially measuring 1.5 acres, is located at the back of a land god shrine in Tantichuang.  Because I want to establish another kind of business, I now sell this piece of farm land to Wei Shih of the Lai family and Shen Chuang for 300 dollars." On the agreement were witnesses from three generations of Hsiao family and a seal bearing the name Hung Ke-tu and his little "chief clerk under Chang Wu-wen of Haishanchuang."

This agreement can be used to edit and revise the family history and genealogy of Mr. Lai, who moved to Taiwan from Nanching province in the first year of Chienlung reign, and later resided in Pengchai-chuang, Haishan. This document recorded that Lai-Wei Shih and Sheng Chuan jointly bought 1.5 acres filed at Tantichuang. From the seal on the agreement, we can also learn that the Hung clan, which then resided at Haishan-chuan, were decendants of Hung Ketu, who had worked as the chief clerk under Chang Wu-wen during the twenty-fifth year of the Chienlung reign (1760). The signatures of the witnesses can be used to show that the family of Hsiao Ting-kuei had resided in Tantichuang since the twentieth year of the Chienlung reign. A family tree of the Hsiaos can thus be drawn: Tzu-chiang, uncle;  Ting-jun, younger brother; Sheng-lieh, Ke-kung and Hsiaochung, nephews; and Tou and Pao, sons.

b. Cultivation licenses as research materials: On 21 July 1709 (Kanghsi 48), a Mr. Sung, director of chulo County, issued a cultivation license to a tenant farmer, Chen Lai-chang, which said, "According to Chen Lai-chang, there is a piece of unused farm land at Tachia of Upper Tamsui which stretches from Hsuilang, Leili, in the east to Kantou, Palifeng, in the west, from the bottom of Hsinchih Mountain in the south to Lukou, Talang in the north.  Farmers are needed to cultivate this land.  Thus, a cultivation license is issued to him for tax purposes since the application for the cultivation is in conformity with the regulations."

All these have been approved and carried out... According to the report of Yang Yung-cho, he had surveyed the farm land applied by Chen Lai-chang for cultivation and found that the fertility of the land was not properly distributed and that some fifty acres had already been cultivated." This is the earliest known of the old documents concerning the developement of Taipei City and can be used to edit and revise the family history and genealogy of Chen Lai-chang, or his family record.  But what needs to be known is whether Chen's decendants are still residing in Taiwan.

c. Land leases and cultivation contracts as the materials: Chin Ho-wang of Yinkgo collected a cultivation contract established by Hsiao Chao-hsuan, a landlord residing at the bottom of the Chienshanchi mountain of Haishanpao in 1743 (Chienlung 8), which said "Owner Hsiao Chao-hsuan possesses a piece of farm land located at the bottom of Chienshanchi Mountain, Yunganchuang, Haishanpao stretching from the border of the Li farm in the south to Chung Hua-hui's field border in the north.  Because of the lack of labor to cultivate the land, this farm is leased to Tsai Che-hsing for cultivation at the bottom price of twenty taels of sivler."