Saturday, May 18, 2024

236 Corporal Punishment Abolished

A10.23|24|25

In the summer of the 13th year (167 BC), Emperor Wen said: "I have heard that disasters arise from resentment, and good fortune arises from benevolence. This is in accordance with the way of heaven. I should bear the responsibility for the mistakes of all officials. Now the 
Mizhu office has blamed all the faults onto his subordinates, which shows my lack of humanity. I think this is unacceptable. I am abolishing this position."

In May, Chunyu Yi, Taicang magistrate of Qi, committed a crime and was about to be punished. The imperial court issued an edict to arrest him and escort him to Chang'an. Taicang Gong had five daughters but no son. When he was about to be taken away, he scolded his daughters, saying, "Giving birth to children without sons is useless in an emergency." His youngest daughter, Tiying, cried alone and followed her father to Chang'an, where she wrote a letter to the court, saying, "My father was an official, and the people of Qi praised him for his integrity and justice. Now he has committed a crime and should be punished. I am sad that the dead cannot come back to life, and the limbs of the punished cannot be reassembled. Even if they want to reform, there is no other way. I am willing to be punished as an official slave to atone for my father's sins so that he can reform." Tiying's letter was sent to the emperor, who sympathized with her filial piety and issued an edict saying, "I heard that in the time of You Yu, the criminals were punished by drawing patterns of corresponding punishments on their clothes and hats to distinguish them from the clothes of ordinary people, but the people did not violate the laws. Why was this? Because it was a peaceful and prosperous era. There are three things in the current laws. Is it because I have a shallow moral character and do not teach people clearly? I feel ashamed that my teaching methods are imperfect and have led to the ignorant people falling into lawlessness. The Book of Songs says: 'A harmonious and happy gentleman is the parent of the people.' Now when people commit crimes, they are punished before they are taught. Even if someone wants to change his ways, there is no chance. I feel very sorry for them. Punishment leads to the mutilation of limbs and tattoos on the skin, which cannot be restored for life. How painful and immoral, how can it meet the wishes of parents! Corporal punishment should be abolished. "

Emperor Wen said: "Agriculture is the foundation of the world. There is no more important matter than this. Now people have to pay taxes for hard work, which makes people who are engaged in the main industry and those who are engaged in the secondary industry the same. This is because the method of encouraging farming is not perfect. Immediately exempt farmland from taxes.”

十三年夏,上曰:“盖闻天道祸自怨起而福繇德兴。百官之非,宜由朕躬。今秘祝之官移过于下,以彰吾之不德,朕甚不取。其除之。”

五月,齐太仓令淳于公有罪当刑,诏狱逮徙系长安。太仓公无男,有女五人。太仓公将行会逮,骂其女曰:“生子不生男,有缓急非有益也!”其少女缇萦自伤泣,乃随其父至长安,上书曰:“妾父为吏,齐中皆称其廉平,今坐法当刑。妾伤夫死者不可复生,刑者不可复属,虽复欲改过自新,其道无由也。妾愿没入为官婢,赎父刑罪,使得自新。”书奏天子,天子怜悲其意,乃下诏曰:“盖闻有虞氏之时,画衣冠异章服以为僇,而民不犯。何则?至治也。今法有肉刑三,而奸不止,其咎安在?非乃朕德薄而教不明欤?吾甚自愧。故夫驯道不纯而愚民陷焉。诗曰‘恺悌君子,民之父母’。今人有过,教未施而刑加焉?或欲改行为善而道毋由也。朕甚怜之。夫刑至断支体,刻肌肤,终身不息,何其楚痛而不德也,岂称为民父母之意哉!其除肉刑。”

上曰:“农,天下之本,务莫大焉。今勤身从事而有租税之赋,是为本末者毋以异,其于劝农之道未备。其除田之租税。”

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