By To Dong Hai
Unlike the customary laws, ancient “huong uoc” of the Viet ethnic group is characterized by the fact that they were formulated when the feudal state in Vietnam had existed for many centuries through various dynasties and the feudal laws had been enforced nationwide, helping further consolidate the highly centralized feudalistic regime.
So, what were the relationships between ancient “huong uoc” and the feudal State law? And were there any discrepancies between “huong uoc” and the State laws as goes the saying “The king’s ruling has to yield to the village customs”?
As suggested by its name, “huong uoc” (village codes) were the village rules which have regulated all aspects of the village life and differed from village to village. An ancient “huong uoc” was valid only for a specific village. This did not mean that “huong uoc” were contrary the feudal state laws which were binding nationwide. No feudal rulers were so naive to let the village regulations run counter to the State laws as they had been fully aware that such a situation would certainly lead to sectionalism with different lords ruling different regions, then the disintegration of the central administration and the ultimate disappearance of the centralized feudal State, a thing not any feudal dynasty and not any king wished to happen.
The above-cited saying proves utterly untrue as it has been realized through the study of hundreds of ancient “huong uoc” of various localities in different regions that they were all identical in showing strict observance of feudal State law and the respect of the national unity. These were stressed right in the forewords of those “huong uoc” as clearly seen in the “huong uoc” of Phu Coc village, Ha Hoi commune, Thuong Tin district, Ha Tay province, which inscribed:
“It is said that the State has promulgated hundreds of laws to make political affairs right and each village has its own code to make customs more easily applicable. The State has originated from the people. The superiors and the subordinates are united. Elder brothers love their younger ones while younger brothers respect their elder ones. Customs get finer and finer and human love is more and more harmonious. Water wells are sunk and fields cultivated, and everyone moves forward to better longivity, a more abundant and happy life…”
Or “huong uoc” of Tron village, Van Due commune, Quang Hoa district, Thanh Hoa province, presented more clearly the close relationship between village codes and State laws: “The State has its laws to punish the wicked and clearly distinguish right from wrong… The villages have their rules to make the village life better and make the wicked redeem their mistakes and follows the fine and good standards.”
As clearly seen through the above citations from the village codes of Phu Coc and Tron villages, the ancient “huong uoc” and the feudal State laws were unified in the general objective of building a society in which the “State affairs are right” and “customs more easily applicable,” thus making the life of the entire population “more abundant, peaceful and happy.”
Moreover, according to the State’s regulations, all “huong uoc” had to be approved by State mandarins (on behalf of the State) before their promulgation and enforcement. This was clearly inscribed in “huong uoc” of Yen Luu village, Yen Luu commune, Nghi Loc district, Nghe An province: “The elaboration of village codes is a very important affair, which must be permitted by the State. Therefore, we would like to present its full text below in the hope that the mandarins consider and permit its implementation for the benefit of villagers.”
“Huong uoc” were unified with the feudal State laws not only in the general objectives but also in specific provisions. Though formulated on the basis of Confucianism, the feudal State laws of Vietnam were more or less conciliatory to people’s customs and practices and more or less attached to Vietnam’s rural traditions. They were, therefore, fairly close to “huong uoc” and met the village codes at many points.
While the feudal China’s State laws, which were strongly governed by Confucianism, prescribed the women’s position in rigid regulations of three submissions (submission to their fathers when not yet married and staying at their home; submission to their husbands when they were married; and submission to their children when their husbands passed away), the State laws of feudal Vietnam prescribed such thing much more flexibly.
According to Article 308 of Quoc Trieu Hinh Luat (The Royal Court’s Penal Code), which was promulgated under the Le dynasty: “If husbands forsake their wives for five months (as reported by their wives and witnessed by village mandarins), they will lose their wives. If they have already abandoned their wives but obstructed them from remarriage, they would be penalized with “biem” (a punitive form under the feudal laws of Vietnam, meaning being sent on exile).
This Code also provided that if a girl was already engaged, but her fiancé suffered from serious ailment or committed a serious crime, she would be allowed to abandon the “three submissions” regulations, report such to local mandarins and return the marriage offerings and seek her new happy life.
Perhaps, as the Vietnamese feudal regime’s State laws were fairly close to the customs and practices of the Vietnamese countryside, the contents of “huong uoc” were not contrary to the feudal State laws as thought by many people who have been more or less influenced by the said saying. The difference, if any, between “huong uoc” and the feudal State laws is that the State laws apply nationwide while the “huong uoc” applies in each village, that the State laws touch on State affairs and prescribe things common in every region, every locality while the “huong uoc” often mentions specific customs and practices of each village.
Researchers held that the provisions of “huong uoc” cover four following major issues:
- Social organizations, maintenance of order and security in villages and hamlets.
- Agricultural promotion and production protection.
- The study promotion.
- The preservation of fine traditions and customs, the organization of rituals and festivities in each village.
It can be said that all matters dwelled on in “huong uoc” as well as specific provisions of the village codes aim to consolidate and strengthen the feudal State and enhance the State laws of the feudal regime. The difference among “huong uoc” is only the difference between the provisions on customs and practices in each village.
As from the emergence of the first State of Viet people, named Au Lac, in between the third and the second centuries B.C, successive feudal dynasties consolidated the State through the promulgation of laws. The Ly dynasty (1010-1225), then the Tran dynasty (1225-1400) had their own codes which were, however, lost after years of political upheavals and wars. The only ancient legal documents left until today was “Quoc Trieu Hinh Luat” (The Royal Court’s Penal Code), passed during the Le dynasty’s tenure, which was composed of 722 articles, of which 261 articles were reproduced from the feudal State laws of the Tang dynasty of China, 53 articles from the feudal State laws of the Ming dynasty and 407 articles were formulated from the social realities of Vietnam, being very close to Vietnamese customs and practices and the foundation for the formation of “huong uoc.”
Also under the Le dynasty, the feudal State abandoned the position of village mandarins, who were replaced by village chiefs elected directly by villagers to represent them in relations with other villages as well as with the State. All the village affairs were administered and handled according to “huong uoc” by a people-elected body called “Hoi Dong Toc Bieu” (The Council of Representatives of Clans in the Village), which was later renamed “Hoi Dong Ky Muc” (The Council of Village Notables) or “Hoi Dong Huong Chinh” (The Council of Village Officials).
So, it can be said that “huong uoc” was an integral part of the feudal State laws, which helped bring State laws to every citizen, every family household or, in other words, helped extend the arms of the feudal State laws, enhance the effect of the State laws, thus contributing to the consolidation of the feudal States.
The saying “the king’s ruling has to yield to the village rules” might be correct when the feudal regime was on the decline, seeing its last day. By then, it was the village administrative apparatuses that ensured the existence of the villages, preserving the village customs and practices. That was a typical form of social organization, which made the Vietnamese society everlasting and capable of standing all historical ups and downs.-