文书运作视角下的“东坡乌台诗案”再探

Further Research on the the Case of the Crow-Perched Terrace Poems in the Perspective of Documents Operation

《重编东坡先生外集》卷八六所载乌台诗案的内容可能抄自承载神宗最终裁断的敕牒,而《东坡乌台诗案》则可能摘抄自御史台存档的从弹劾奏状开始至皇帝裁断为止的各个阶段的文书,虽然编者打乱了文书原有的次序,删掉了相关格式,进行杂糅汇编,但依然能够显现宋代诏狱案件审理过程中频繁的文书运作状况。由于苏轼等罪涉犯赃,讥讽诗作的印行又被认为是"情重法轻",所以能否适用恩赦、能否比附相关敕条而作出徒二年的定罪量刑建议等,皆非大理寺所能擅专,对苏轼的最终处断还是体现了神宗的恩典。

The Text in the Volume 86 of A Recompiled Additional Collection of Works by Su Shi (《重编东坡先生外集》)might be copied from the judgment of the case of the crow-perched terrace poems (乌台诗案)by Emperor Shenzong. The content of the book Dongpo's Case of the Crow-Perched Terrace Poems might be excerpted from the records reserved in the Yushitai (御史台),which included the documents pro? duced through the procedure of the trial of this case. Although the editor disrupted the original order of the documents, deleted the relevant formats, and compiled them into this book, they were still able to show the operation of the documents at different stages in the trial of the Zhaoyu (诏狱)in the Song Dynasty. Su Shi and others were involved in the illicit goods gained through malfeasance, and publishing the poems for satire was considered to be more serious crime without suitable punishment according to the existing law, so the Dalisi (大理寺)could not decide whether Su Shi could be granted a pardon, and whether they could invoke a provision by the use of analogy to make a sentence for two-years penal servitude. The final judgment for Su Shi still reflected the grace of Emperor Shenzong.