| 摘要: | 廷杖是明代特有的一種刑罰，也是皇帝在法制外，用以責罰逆臣、威懾百官的一種手段。其濫觴雖始於東漢光武帝，但直至明太祖行杖之後，才因明代諸帝奉為祖制沿用不已，而形成一種制度。明代廷杖的第一高峰期為成化朝，但此時多因小違失而行杖，而且尚可裹衣疊帕，故造成之傷害較小。到了正德年間，由於武宗的荒嬉怠政，先使劉瑾得以竊權專擅，再有因諫南巡而爆發之廷杖事件，以致朝臣飽受廷杖戕害。嘉靖朝在議禮大規模廷杖後，不論進諫齋醮、奏劾權臣、疏陳稗政，世宗都習以廷杖壓制言路。是故正、嘉二朝不但是廷杖的第二高峰期，其規模及傷害更遠非成化朝所能及。 造成正、嘉二朝廷杖差異之主要因素，為武宗、世宗兩人在個性與即位條件上之不同。武宗出身東宮，耽逸樂而疏國政，雖無意以廷杖為統治之工具，但亦對權璫矯旨行杖毫不在意。在群臣極諫南巡時，雖因暴怒大肆廷杖，但之後便頗有悔誤而未再行杖。世宗以外藩入繼，即位之初因議禮與廷臣折衝時頗受挫折，在朝臣試圖以群體壓力迫使其改變立場時，世宗選擇以廷杖來結束此一事件。而在此之後，群臣的態度由執抝轉為順服，也使世宗將廷杖視為統治上之有利工具而施行不輟。由廷杖的角度來看，正、嘉二朝有許多的相似，也存在著諸多之不同。本文的目的就在了解這段時間廷杖施行之情況，並深入探討其意義與存在於其間之差異。 Ting-Zhang(beating officer in palace) is an judicial corporal punishment, one specific sentence in Ming Dynasty, also one measurement beside law applied by emperor, to punish and intimidate officer. It started Eastern-Han Dynasty Guang-Wu Reign, until Ming Dynasty, It has became one of institutions, since Hong-Wu emperor apply Ting-Zhang to punish officer , all Ming Dynasty emperor therefore follow him to apply same method to punish or intimidate officer. First peak to apply Ting-Zhang in Ming Dynasty was Cheng-hua reign, most reason to apply Ting-Zhang was for minor mistake and still allow clothes to cover with, injury caused by was slight. In Cheng-te reign, the emperor is not interested in ruling, disregarded all state affairs, there was a particular Liu-Chin notorious for taking advantage of young emperor and manage in emperor’s name, further more it happen Ting-Zhang affair for giving suggestion to emperor in emperor traveling to south, all the above caused officer suffering by Ting-Zhang exceedingly. After Ting-Zhang once severely applied for Great-ritual- controversy, Chia-Ching used to suppress speaking by frequently applying Ting-Zhang, no matter suggest about Daoist priests, corruptive officer, or state mismanagement. Therefore, Cheng-Te Reign and Chia-Ching Reign is not only second peak, the affection and harm caused by is also beyond Cheng-hua reign. Main factor to differentiate Ting-Zhang in Cheng-Te Reign and Chia-Ching Reign, was their personality and background. Cheng-Te is crown prince, enjoy luxury and pleasure life, disregard state affair, he is not purposely apply Ting-Zhang as tool to manage, neither care Liu-Chin apply Ting-Zhang in emperor’s name. Although he ever apply Ting-Zhang for exceedingly angry with officer try to stop his south traveling, he felt regret about this and abandon Ting-Zhang after this. Chia-Ching succeed to empire in qualification of prince instead of crown prince, he was frustrated in the beginning process to discuss Great-ritual- controversy, most officer intend to force him change mind by public opinion, Chia-Ching manage to end the controversy by apply Ting-Zhang. Thereafter, all officer turn to submit , it help Chia-Ching grant Ting-Zhang as helpful management tool to keep using. Viewing in Ting-Zhang itself, there are lots of similarities and differentiations between Cheng-Te Reign and Chia-Ching Reign. This article has purpose to know Ting-Zhang application during those periods, to discuss the meaning and what’s the different in those two periods . |
