|
|
|
Appendix II. Punishments by Altering the
Clothing
In HS 6: 4b, Emperor Wu
reveals his acceptance of the belief that anciently, in the times of Yao and
Shun, punishments were only symbolic, merely requiring criminals to wear
certain articles of clothing. This myth was ancient in his day; the actual
practise in early historic times seems to have been to mutilate a criminal in
such a way as to indicate his crime by the type of mutilation. This myth took
different forms, which are here presented.
Hsün-tzu (ca. 320-235 B.C.) ch. XVIII (cf. Dubs'
trans., p. 193; also quoted in HS 23: 21a) writes, "The
ordinary sophists of the age say, `In the well-governed ancient times, there
were no mutilating punishments, but instead [symbolic] punishments [were used],
portraying [the crime in the criminal's clothing. Instead of] tatooing [the
criminal's face], there was wearing a [black] turban; [instead of amputating
the nose, there was wearing] a grass cord about the neck [worn in mourning, cf.
Li-chi, XVIII, ii, 6; Couvreur, II, 134]; [instead of] castration, [there was
wearing] a grey apron [or cutting off the apron]; [instead of] amputating the
feet, [there was wearing] hemp sandals; [instead of] execution, [there was
wearing] ochre red garments without any borders---in the ancient well-governed
times [punishments] were like the foregoing.' This was not so." (In the above
passage, for 黥, read 幪; before 搔, insert 劓; for 搔, read 草; for 嬰, read 纓; for 共, read 宮;
for 畢, read 韠; for 菲, read 剕; and for 對, read ###.)
In a note to Hsün-tzu 12:5a, Yang Liang (fl. 818)
quotes the Shen-tzu (lost; Shen Tao was a contemporary of Hsün-tzu, living in
the first part of the third cent. B.C.) as saying, "In his punishments, the
possessor of Yü, [Shun], used designs on the feet to take the place of
tatooing; he used a grass cord to take the place of amputating the nose; he
used hemp sandals instead of amputating the feet; and he used a grey apron
instead of castration. These were the punishments [used by] the possessor of
Yü."
In a note to HS 6: 4b, Wang
Hsien-ch'ien remarks that this saying arose from a passage in the
Book of History II, i, 11 (Legge, I, p. 38), which says
that Shun 象以典刑. ibid. II, iv, i, 8 (Legge, I, 86) says that
Kao-yao 方放象刑惟明. From either of these passages the belief in punishments portraying
the crime could have arisen, but neither passage bears that meaning when
strictly interpreted. Legge translates the first, "He gave delineations of the
statutory punishments," and the second, "Kao-yao is . . . employing the
represented punishments with entire intelligence," quoting in
proof of his interpretation for the latter passage, the interpretative
quotation of this passage in the SC (Mh
I, 159). Hsün-tzu seems accordingly to have been correct
in denying the exactness of Shen Tao's interpretation of the Book of History.
The present Bamboo Books date a revival of
the symbolic punishments in the reigns of Kings Ch'eng and K'ang; cf. n.
5.1.
In spite of Hsün-tzu's denial, this belief
nevertheless continued to flourish and grow. Emperor Wen mentions it (cf.
HS 23: 13a). The Shang-shu Ta-ch'uan (compiled in the ii
cent. B.C. from material previously reworked; lost; fragments recovered from
quotations) 1 B: 8 reads, "T'ang [Yao] and Yü [Shun] [had symbolic] punishments
portraying [the crime in the criminal's clothing], and then the people did not
presume to commit [crime]. The multitude of the people utilized [these]
punishments and the people progressed, [assisting] each other to advance. The
punishments of T'ang [Yao] and Yü [Shun] were: for a serious punishment, ochre
red clothes without any border; for medium punishment, many-colored shoes; for
a light punishment, a black turban, while [the criminal was made to] dwell in
his department and hamlet, and the people shamed him."
The Hsiao-ching Wei Yüan-sheng Ch'i (prob. end of i
cent. B.C.; lost; recovered from quotations) B: 7a, b, reads, "The three
Sovereigns [Fu-hsi, Shen-nung, the Yellow Lord] had no writing; the five Lords
[(Shao-hao, Chuan-hsü, K'u, Yao, Shun) used punishments] portraying the
likenesses [of mutilating punishments]; the three Kings [(Yü, T'ang, Wen and
Wu) used] mutilating punishments. Of those [who were punished by] portraying
the likenesses [of mutilating punishments, those who had committed] great
crimes [had to wear] black painting on red ochre clothes and many-colored
sandals; [those who had committed] medium crimes [had to wear] red ochre
clothes and many-colored sandals; [those who had committed] light crimes [had
to wear] many-colored sandals."
Ying Shao, in a note to HS
6: 4b, writes, "These two Lords, [Yao and Shun], portrayed [crimes on the
criminals'] clothing and headwear, changing their ornaments and clothing, and
then the people did not dare to commit [crime]."
The Po-hu T'ung (i or iii cent.) in the Pao-ching
T'ang Ts'ung-shu ed., (this passage is omitted in most other editions, but is
also quoted by Yen Shih-ku in a note to HS 6: 4b), 4 A:
6b, says, "For those who [were punished by] the Five Lords by portraying the
likenesses [of their punishments], their clothing showed likenesses to the five
[mutilating] punishments. Those who had committed [crimes deserving punishment
by] tatooing [were compelled to ]cover [their heads] with
turbans; those who had committed [crimes deserving] the amputation of the nose
[had to] use red ochre to apply to their clothes. Those who had committed
[crimes deserving] amputation of the knee-cap [had to] use ink to cover their
knee-caps, which in a symbolic [way] portrayed [the mutilating punishment].
Those who had committed [crimes deserving] castration [had to] wear variegated
straw sandals. Those who had committed [crimes deserving] capital punishment
[had to wear] ordinary clothes without a collar."
Emperor Wu's edict was thus merely repeating and
giving imperial sanction to a belief accepted by many scholars in his time.
Emperor Yüan also accepted this belief; cf. 9: 8a. Pan Ku agrees with Hsün-tzu;
cf. HS 23: 21a-23b for his discussion of this
matter.
|