“乌台诗案”的审与判——从审刑院本《乌台诗案》说起

The Interrogation and Judgment of “the Case of the Crow-Perched Terrace Poems”: Starting with the Version of the Case of the Crow-Perched Terrace Poems by the Appellate Court

明刊《重编东坡先生外集》卷八十六,可推考为《乌台诗案》之审刑院本,与通行的御史台本相比,略于审讯供状,而相对地详于结案之判词。根据宋代"鞫谳分司"制度来解读这份材料,可重新考察苏轼"乌台诗案"的审、判经过及其结果。简要地说,御史台虽加以严厉审讯,但大理寺却作出了"当徒二年,会赦当原",也就是免罪的判决。御史台反对这个判决,但审刑院却支持大理寺。在司法程序上,"乌台诗案"最后的结果是免罪,苏轼之贬黄州,乃是皇帝下旨"特责"。

In the Ming edition of A Recompiled Additional Collection of Works by Su Shi(《重编东坡先生外集》),the text in its Volume 86 proves to be the version of the Case of the Crow-Perched Terrace Poems(《乌台诗案》)-by the Appellate Court(审刑院).Compared with the prevailing version by the Censorate(御史台),this one is brief in terms of the written confession during interrogation but relatively detailed concerning the conclusive verdict of this case.By interpreting this material on the basis of the Song institution of "separating the interrogation and judgment"(鞫谳分司),we can re-examine the process and result of the interrogation and judgment in"the case of the crow-perched terrace poems"concerning Su Shi(苏轼).In short,though the Censorate conducted harsh interrogation,the Court of Judicature and Revision,(大理寺) determined that"(the suspect)should be imprisoned for two years,but as it happens to be the period of amnesty,he is supposed to be pardoned"--In other words,it was a verdict of acquittal.The Censorate objected this verdict,whereas the Appellate Court affirmed the Court of Judicature and Revision.The final result of the"case of the procedure,while Su Shi's emperor. crow-perched terrace poems"was in favor of acquittal according to the judicial banishment to Huangzhou(黄州)was the"special punishment"decreed by the emperor.