Chapter 61 The Divided Councilors

       March 31st, Luoyang.

    Cao Rui leaned back in the armchair in his study, frowning as Sun Zi, the Grand Secretary, reported to him.

    "Are Master Zhong and Duke Wang bickering with each other?"

    "To the Majesty," Sun Zi replied, "That is correct. After learning of Master Zhong's proposal regarding reforming the laws, Duke Wang specifically wrote a letter refuting Zhong's suggestion to restore corporal punishment, which he publicly announced and then delivered to the Imperial College and discussed among the students there."

    "Can these two argue about legal reform again? And they even sent it to the Imperial College? Why haven't we seen them arguing over so many military and national affairs?" Cao Rui was momentarily puzzled.

    "It's the first time I've learned about Duke Wang's resolute style; it's truly an eye-opener." Cao Rui shook his head.

    "Your Majesty, actually, Master Zhong and Duke Wang have had different opinions on the issue of corporal punishment in the laws over ten years ago, and they have been opposing each other," Sun Zi explained.

    "Over ten years ago... Since it's related to laws, I suppose it would be alright to consult the Prefect of the Judicial Bureau." Cao Rui ordered, "Then let's have Sun Zi, the Grand Secretary, summon Prefect Gao Reng from the Judicial Bureau to come here. I want to personally inquire about the details of this matter. Also let Master Wei come here as well."

    "Obey the imperial decree, I withdraw." After bowing, Sun Zi leisurely walked out of the study room.

    "The Majesty summoned Prefect Gao Reng to inquire about the law, but calling Master Wei as well might make it necessary for him to be present, so that he can observe and prevent any mistakes or misleading statements from Prefect Gao Reng."

    Indeed cautious.

    After roughly an hour, Prefect Gao Reng hurriedly entered the study room from outside.

    Gao Reng bowed and said, "Your Majesty, I am late due to some affairs, please forgive me."

    "Isn't the Prefectural Court not far from the palace? What's holding up the Prefect? How can it take an hour to come back and forth?" Cao Rui asked curiously.

    "This..." Gao Reng glanced left and right, seeing that Wei Zhen and Xin Bi were seated beside him, hesitated for a moment before speaking.

    "Your Majesty, Xun Hong died. He committed suicide in prison."

    "Xun Hong... is that the former servant of Prince Yongqiu?" Cao Rui asked.

    "Yes, Your Majesty, that is the man," Gao Reng explained. "After Xun Yu died in prison, Xun Hong has been extremely anxious. I did not use any torture in the royal prison; it was Xun Hong who took his own life."

    Gao Reng felt slightly uneasy when he spoke this, as Wei Zhen was sitting right next to him.

    Since the second month, when Your Majesty was still on a southern tour outside of Luoyang and had not yet returned, Wei Zhen had once detained Gao Reng for a day in order to have the members of the Xun family imprisoned.

    But after Your Majesty returned to Luoyang, he did not inquire about this matter with Gao Reng at all, as if nothing had happened. It was then that Gao Reng realized that Wei Zhen's actions might have been with the silent approval of the emperor, or that the emperor had no intention of constraining Wei Zhen in the slightest.

    Now that the topic of the Xun family has come up again... I wonder what Your Majesty will say?

    Cao Rui nodded: "He committed suicide, I see. I'll discuss this matter with the Prefect later."

    "Prefect Gao, sit down first. Today, I summoned you because I want to ask about the previous debate in the Great Wei regarding corporal punishment."

    "Corporal punishment?" Gao Reng's face, which had already been serious, furrowed further. Gao Reng had a distinctive appearance, with long eyebrows that shook when he frowned.

    "Yes, Your Majesty. I am the Prefect and I do indeed know about this matter. However, the debate on corporal punishment has been ongoing for a long time." Gao Reng said cautiously: "I'm not sure what Your Majesty wants to ask."

    "It's been a long time? Then go ahead and give a brief summary," Cao Rui said. "Today, I have some free time, so it doesn't matter if I listen to matters of law and decrees."

    "Obey the imperial decree." Gao Reng remained silent for a moment before beginning to explain.

    "Your Majesty, the issue of corporal punishment has existed since ancient times. In brief, it includes the crimes of scarification, nose cutting, leg chopping, and castration."

    "I know about castration," Cao Rui said thoughtfully. "The historian Sima Qian, who wrote the 'Records of the Grand Historian,' was subjected to castration by Emperor Wu of Han, isn't that right?"

    "Yes, Your Majesty," Gao Reng said. "From the beginning of the Han Dynasty to the reign of Emperor Wen of Han, meat punishment was basically abolished."

    "Basically abolished?" Cao Rui said puzzled. "Laws and decrees, if one is to be abolished, it must be completely done away with, what does 'basically abolished' mean?"

    Gao Reng now understood that the emperor in front of him knew very little about this matter: "I'll give a brief explanation, Your Majesty. Before Emperor Wen, there were many forms of corporal punishment, such as branding and nose-cutting, which are relatively easy to understand, so I won't elaborate on those."

    "Your servant will first explain to Your Majesty the two punishments of cutting the left or right big toe."

    Cao Rui frowned and asked, "Cutting toes?"

    "Yes," Gao Reng said. "When Emperor Wen abolished corporal punishment, he changed the penalty of cutting off the left big toe to 500 lashes, and the penalty of cutting off the right big toe to being executed in public."

    Cao Rui said, "Although both involve cutting toes, why did changing the penalty for cutting off the left big toe to lashing instead of execution and changing the penalty for cutting off the right big toe to execution in public?"

    Gao Reng replied, "Your Majesty, ancient corporal punishment was actually a relatively lighter punishment than capital punishment. Those who committed serious crimes would be executed directly. For those who committed crimes not severe enough to warrant capital punishment but still needed to be punished, corporal punishment was imposed."

    "For someone who commits such a crime for the first time, the penalty should be amputation of the left toe as a form of punishment. But if someone who has already been penalized by having their left toe cut for breaking the law commits another offense, they would then be subject to the punishment of having their right toe cut off."

    "Therefore, cutting off the left big toe is a lighter offense, while cutting off the right big toe is a more serious offense."

    Cao Rui nodded helplessly, "Since Emperor Wen abolished corporal punishment, why did his grandson, Emperor Wu of Han, still sentence Sima Qian to castration?"

    Gao Reng said, "That's what I was going to mention, Your Majesty. Although Emperor Wen abolished corporal punishment, penalties like castration were not abolished for nearly a hundred years."

    "And in the early years of Zhongping and Jian'an, when the country was in chaos due to widespread banditry and frequent criminal activities, some people in the court discussed restarting corporal punishment as a form of deterrence."

    "This was the first time the topic of corporal punishment was discussed."

    "First time discussed?" Cao Rui seized the key point sharply, "How many times in total was it discussed?"

    "Your Majesty, a total of four times," Gao Reng said. "The first was at the end of Zhongping to the early years of Jian'an, the second was in the thirteenth year of Jian'an, the third was in the eighteenth year of Jian'an, and the fourth was in the third year of Huangchu."

    "Now there's the fifth time," Cao Rui coldly laughed. "I'll add to that, the fifth time was in the first year of Taihe."

    Gao Reng was momentarily confused, as from the morning until now, he had been sorting out cases and settling affairs in the royal prison, and was unaware of the dispute between Duke Wang Lang and Master Zhong Ying.

    Gao Reng cupped his hands and asked, "Your Majesty, there is something I do not understand. What did Your Majesty mean by the fifth time?"

    Cao Rui looked at Xin Bi, who was sitting next to him, gave a subtle nod, and Xin Bi understood and began to explain.

    Xin Bi said, "Your Majesty may not be aware, but these past few days, Master Zhong Ying has submitted a memo suggesting the reinstatement of corporal punishment. Duke Wang Lang has submitted a memo stating that he does not suggest it. This morning, Duke Wang Lang publicly released the letter he wrote to Master Zhong Ying, refuting corporal punishment."

    Gao Reng seemed not to be surprised: "If it's between Master Zhong Ying and Duke Wang, then that's to be expected."

    Before Cao Rui could ask, Gao Reng explained: "Your Majesty, Master Zhong Ying and Duke Wang had a heated debate over the issue of corporal punishment as early as in the eighteenth year of Jian'an and the third year of Huangchu."

    "Master Zhong Ying has always believed that since Emperor Wen abolished corporal punishment, many lawbreakers who should have been sentenced to corporal punishment were instead executed. The country is currently recovering from chaos, with a smaller population than in previous dynasties. Population should be cherished."

    "Meanwhile, Duke Wang has always believed that corporal punishment is too shocking to the people and detrimental to their moral conduct. Moreover, there are provisions in the laws that allow for mitigating sentences, so it is not advisable to restore corporal punishment."

    Cao Rui stretched his lazy muscles and slowly stood up from his chair: "I have a rough understanding."

    "Master Zhong Ying said that so many people are killed now, it would be better to use corporal punishment and kill fewer people."

    "Duke Wang said that there are already provisions for mitigating sentences, so there is no need to add more. Moreover, actions like cutting off noses, private parts, and toes are too terrifying and will cause fear among the people."

    "Gao Reng, is that correct?" Cao Rui stared into the eyes of the Prefect Gao Reng and asked.

    Gao Reng cupped his hands and replied: "Your Majesty's wisdom shines like a candle."

    Cao Rui asked thoughtfully, "The three Marquis sit and discuss these matters, which is as natural as can be. As the Prefect of Justice, what do you think? Should corporal punishment be restored?"

    Gao Reng replied without hesitation, "Your servant thinks it should be restored."

    Cao Rui nodded and said, "I understand. High Reng, do you know about the West pavilion and the East pavilion?"

    "Your servant has a general idea," Gao Reng said.

    "Very well, the Prefect will ask the Generalissimo, Marshal, and Grand Steward for their opinions. General Zhong Yu, lead the Prefect to the West pavilion and the East pavilion." Cao Rui pointed towards a corner where Zhong Yu was sitting: "Take the Prefect to the West pavilion and the East pavilion."

    "Your servant follows the imperial edict." Gao Reng said although he was somewhat confused, why he had to go himself, but still followed Zhong Yu out.

    As Gao Reng stepped out the door, Wei Zhen saw the back of Gao Reng receding and then said to the emperor, "Your Majesty, there is something I must explain to you."

    "Master Wei, please say." Cao Rui nodded.

    Wei Zhen said, "Your Majesty, since the establishment of Wei State, there have been three Directors of Justice in total."

    "Master Zhong Ying was the first, Duke Wang was the second, and High Reng was the third. During the Huangchu era, when the position of Director of Justice was changed to Prefect of Justice, High Reng also transitioned from Director of Justice to Prefect of Justice."

    Cao Rui said thoughtfully, "Master Zhong Yi approves, Duke Wang does not approve, and High Reng approves?"

    "That's right," Wei Zhen said.

    Cao Rui sneered and said, "Is this only about the issue of corporal punishment? Please wait for a moment, and let's talk after the Prefect returns."

    Wei Zhen nodded in agreement.

    The words Cao Rui didn't say were that there were three appointments in a row, but two different views. This is politics! He would definitely find out the truth after High Reng returns.

    Wei Zhen and Xin Bi sat silently in their chairs, Wei Zhen with his eyes closed and Xin Bi with his head bowed, both lost in thought.

    Cao Rui, on the other hand, took a seat at the desk himself and began going through today's documents.

    After glancing through a few meaningless ones, Cao Rui was caught by a table of contents from Huang Quan, the Governor of Henan.

    Cao Rui flipped open Huang Quan's memorial, glanced at it for a few moments, then slightly shook his head before putting it down again.

    At this time, both Zhong Yu and Gao Reng had already returned.

    "How is it?" Cao Rui looked up and asked.

    "Your Majesty," Gao Reng replied, "The Generalissimo has no objections, Marshal Dong does not approve of restoring corporal punishment, while Grand Steward and Marquis Sima supports it." (End of chapter)