1
杜周,南陽杜衍人也。 義縱為南陽太守,以周為爪牙,薦之張湯,為廷尉史。 使案邊失亡,所論殺甚多。 奏事中意,任用,與減宣更為中丞者十餘歲。
Du Zhou came from Duyang in Nanyang commandery. When Yi Zong served as governor of Nanyang, he used Du Zhou as his enforcer and recommended him to Zhang Tang, who took him on as a clerk in the office of the commandant of justice. He was dispatched to investigate frontier casualties and desertions; the death sentences he procured ran very high. His reports always matched what the emperor wanted to hear, and he rose steadily, serving for over ten years as vice director of the secretariat in rotation with Jian Xuan.
2
周少言重遲,而內深次骨。 宣為左內史,周為廷尉,其治大抵放張湯,而善候司。 上所欲擠者,因而陷之; 上所欲釋,久系待問而微見其冤狀。 客有謂周曰:「君為天下決平,不循三尺法,專以人主意指為獄,獄者固如是乎?」 周曰:「三尺安出哉? 前主所是著為律,後主所是疏為令; 當時為是,何古之法乎!」
Du Zhou was a man of few words, slow and ponderous in manner, but his cruelty ran marrow-deep. When Jian Xuan held the left metropolitan superintendency, Du Zhou became commandant of justice. His judicial style broadly followed Zhang Tang's, but he was even better at reading the court and shadowing suspects. Anyone the emperor wanted ruined, Zhou would find a way to ensnare; anyone the emperor wished spared he would leave in custody, dragging out the hearings until hints of their innocence could surface. A visitor once asked him, "You hold the scales of justice for the whole realm, yet you ignore the statute bamboo in favor of the emperor's whim—is that what law is meant to be?" Du Zhou replied, "Where does the written code itself come from? Whatever a past sovereign endorsed became statute; whatever the present sovereign favors becomes binding policy; the law is simply what fits the moment—why invoke some antique rulebook?"
3
至周為廷尉,詔獄亦益多矣。 二千石系者新故相因,不減百餘人。 郡吏大府舉之延尉,一歲至千餘章。 章大者連逮證案數百,小者數十人; 遠者數千里,近者數百里。 會獄,吏因責如章告劾,不服,以掠笞定之。 於是聞有逮證,皆亡匿。 獄久者至更數赦十餘歲而相告言,大氐盡詆以不道,以上延尉及中都官,詔獄逮至六七萬人,吏所增加十有餘萬。
Once Du Zhou took the commandancy, the number of cases tried on imperial warrant multiplied. At any time no fewer than a hundred senior officials ranked at two thousand piculs languished in his jails, old cases piled atop new. County yamens and capital agencies forwarded charges to his office at the rate of more than a thousand memorials a year. A major indictment might rope in hundreds of witnesses and co-defendants; a minor one still ensnared dozens; and the accused might be dragged from thousands of li away or merely from the next province. When a case came to trial, his clerks beat prisoners until they confessed to whatever the original memorial alleged. Word that one had been named a witness was enough to send men into hiding. Some inmates rotted there through a dozen general amnesties, denouncing one another until nearly every charge was inflated to "immoral conduct." Cases escalated to the commandant of justice and the capital bureaus until imperial prisons held sixty or seventy thousand souls, and the clerks' own additions swelled the rolls past a hundred thousand.
4
周中廢,後為執金吾,逐捕桑弘羊、衛皇后昆弟子刻深,上以為盡力無私,遷為御史大夫。
Du Zhou was briefly stripped of rank, then appointed chief of police for the capital. He hunted down Sang Hongyang and the sons of Empress Wei's brothers with pitiless zeal. The emperor judged him tireless and impartial and raised him to imperial counselor.
5
始周為廷史,有一馬,及久任事,列三公,而兩子夾河為郡守,家訾累巨萬矣。 治皆酷暴,唯少子延年行寬厚雲。
He had begun as a clerk with a single horse to his name; by the time he sat among the three dukes, with a son governing on each bank of the Yellow River, his family fortune ran to hundreds of millions of cash. Both elder sons ruled with the same savagery as their father; only the youngest, Yannian, was remembered for a milder touch.
6
子延年
His son: Du Yannian.
7
延年字幼公,亦明法律。 昭帝初立,大將軍霍光秉政,以延年三公子,吏材有餘,補軍司空。 始元四年,益州蠻夷反,延年以校尉將南陽士擊益州,還,為諫大夫。 左將軍上官桀父子與蓋主、燕王謀為逆亂。 假稻田使者燕倉知其謀,以告大司農楊敞。 敝惶懼,移病,以語延年。 延年以聞,桀等伏辜。 延年封為建平侯。
Du Yannian, courtesy Yougong, was likewise expert in the code. When Emperor Zhao first came to the throne, Grand General Huo Guang dominated the government. Yannian, as a son of the highest ministers and a capable administrator, was appointed superintendent of works on the general's staff. In Shiyuan 4 (83 BCE) the tribes of Yizhou rose in revolt. Yannian led Nanyang militia south as a colonel, and on his return was promoted to remonstrance grandee. Left General Shangguan Jie and his son conspired with the Princess of Gai and the king of Yan to overturn the government. Yan Cang, the acting grain-field intendant, learned of the plot and carried the news to Grand Minister of Agriculture Yang Chang. Yang Chang panicked, pleaded illness, and confided in Yannian. Yannian laid the matter before the throne, and the conspirators were executed. For this service Yannian was enfeoffed as marquis of Jianping.
8
延年本大將軍霍光吏,首發大奸,有忠節,由是擢為太僕、右曹、給事中。 光持刑罰嚴,延年輔之以寬。 治燕王獄時,御史大夫桑弘羊子遷亡,過父故吏侯史吳。 後遷捕得,伏法。 會赦,侯史吳自出系獄,廷尉王平與少府徐仁雜治反事,皆以為桑遷坐父謀反而侯史吳臧之,非匿反者,乃匿為隨者也。 即以赦令除吳罪。 後侍御史治實,以桑遷通經術,知父謀反而不諫爭,與反者身無異; 侯史吳故三百石吏,首匿遷,不與庶人匿隨從者等,吳不得赦。 奏請復治,劾廷尉、少府縱反者。 少府徐仁即丞相車千秋女婿也,故千秋數為侯史吳言。 恐光不聽,千秋即召中二千石、博士會公車門,議問吳法。 議者知大將軍指,皆執吳為不道。 明日,千秋封上眾議,光於是以千秋擅召中二千石以下,外內異言,遂下延尉平、少府仁獄。 朝廷皆恐丞相坐之。 延年乃奏記光爭,以為「吏縱罪人,有常法,今更詆吳為不道,恐於法深。 又丞相素無所守持,而為好言於下,盡其素行也。 至擅召中二千石,甚無狀。 延年愚,以為丞相久故,及先帝用事,非有大故,不可棄也。 間者民頗言獄深,吏為峻詆,今丞相所議,又獄事也,如是以及丞相,恐不合眾心。 群下言雚嘩,庶人私議,流言四布,延年竊重將軍失此名於天下也!」 光以廷尉、少府弄法輕重,皆論棄市,而不以及丞相,終與相竟。 延年論議持平,合和朝廷,皆此類也。
Yannian had begun as a clerk on Huo Guang's staff; he was the first to expose a major treason and proved utterly loyal, and on that basis rose to chamberlain for the imperial stud, supervisor of the right bureau, and palace attendant. Where Huo Guang favored harsh sentences, Yannian softened the edge. During the trial of the King of Yan's revolt, Sang Hongyang's son Sang Qian fled the capital and took refuge with his father's former subordinate Houshi Wu. Qian was eventually arrested and executed. A general amnesty followed. Houshi Wu surrendered himself. Commandant of Justice Wang Ping and Chamberlain Xu Ren jointly reviewed the treason charges. Both held that while Sang Qian was liable as his father's accomplice, Wu had merely sheltered a follower, not a principal rebel. They therefore struck Wu's name from the indictment under the amnesty. Later, investigating censors reopened the file. They argued that Sang Qian, being classically trained, must have known of his father's plot yet never spoke up—making him morally the same as a traitor; while Houshi Wu, as a former official of three hundred piculs who had knowingly concealed Qian, could not be classed with a commoner sheltering a mere retainer and therefore did not merit the amnesty. They memorialized for a retrial and impeached Wang Ping and Xu Ren for letting traitors go free. Xu Ren was the son-in-law of Chancellor Che Qianqiu, who repeatedly interceded for Houshi Wu. Fearing Huo Guang would not relent, Che Qianqiu called a conference at the public carriage gate of every official from two thousand piculs down and the court erudits to debate how Wu should be charged. The participants knew which way Huo Guang leaned; one after another they condemned Wu for immoral conduct. The next day the chancellor forwarded their unanimous opinion. Huo Guang, furious that Che Qianqiu had convened a quasi-judicial assembly without authorization, had Wang Ping and Xu Ren thrown into prison. The whole court feared the chancellor would be dragged in next. Yannian then wrote privately to Huo Guang: "There are standing statutes for officials who let criminals escape. To relabel Wu as guilty of 'immoral conduct' stretches the code past breaking. Moreover the chancellor has never been a rigid legalist; he pleads for others because that is simply his nature. His unauthorized assembly was certainly irregular. Yet in my humble view he is a veteran who served the late emperor; without grave fault he should not be cast aside. The people already complain that justice is too harsh and clerks too vindictive. To extend this quarrel to the chancellor himself would alienate public opinion. Murmurs are rising from every quarter. I would hate to see Your Lordship's good name tarnished throughout the realm for prosecuting Che Qianqiu!" Huo Guang condemned Wang Ping and Xu Ren to public execution for twisting the statutes, but dropped the matter against the chancellor, letting the affair end there. Yannian's habit of steering policy toward the moderate course and keeping the court in balance showed in episode after episode.
9
見國家承武帝奢侈師旅之後,數為大將軍光言:「年歲比不登,流民未盡還,宜修孝文明政,示以儉約寬和,順天心,說民意,年歲宜應。」 光納其言,舉賢良,議罷酒榷、鹽、鐵,皆自延年發之。 吏民上書言便宜,有異,輒下延年平處復奏。 言可官試者,至為縣令,或丞相、御史除用,滿歲以狀聞,或抵其罪法,常與兩府及廷尉分章。
Seeing the empire still reeling from Emperor Wu's wars and waste, he urged Huo Guang more than once: "Harvests have failed year after year and refugees have not all come home. We should revive the restrained, humane government of Emperor Wen, teach frugality and mercy, and align policy with Heaven and the common people—then the seasons will answer in kind." Guang took his advice: the summons of worthy men, the debates on ending the wine monopoly and the salt and iron monopolies—all began with Yannian. Whenever officials or commoners submitted policy suggestions that sparked controversy, the drafts went to Yannian for adjudication and a follow-up memorial. If a proposal merited a trial appointment, the man might be made county magistrate, or the chancellor and imperial counselor would assign him a post; after a full year his performance was reported, or he was charged if he had failed—Yannian routinely split this paperwork with the two chief ministries and the commandant of justice.
10
延年為人安和,備於諸事,久典朝政,上任信之,出即奉駕,入給事中,居九卿位十餘年,賞賜賂遺,訾數千萬。
Yannian was even-tempered and thorough. He ran central policy for years: when the emperor left the palace he rode as charioteer; when court sat he was at hand as palace attendant. More than a decade among the nine ministers brought him gifts and emoluments worth tens of millions.
11
霍光薨後,子禹與宗族謀反,誅。 上以延年霍氏舊人,欲退之,而丞相魏相奏延年素貴用事,官職多奸。 遣吏考案,但得苑馬多死,官奴婢乏衣食,延年坐免官,削戶二千。 後數月,復召拜為北地太守。 延年以故九卿外為邊吏,治郡不進,上以璽書讓延年。 延年乃選用良吏,捕擊豪強,郡中清靜。 居歲餘,上使謁者賜延年璽書,黃金二千斤,徙為西河太守,治甚有名。 五鳳中,征入為御史大夫。 延年居父官府,不敢當舊位,坐臥皆易其處。 是時,四夷和,海內平,延年視事三歲,以老病乞骸骨,天子優之,使光祿大夫持節賜延年黃金百斤、酒,加致醫藥,延年遂稱病篤。 賜安車駟馬,罷就第。 後數月薨,謚曰敬侯,子緩嗣。
After Huo Guang's death his son Huo Yu conspired with the clan and paid with his life. The emperor, seeing Yannian as an old Huo partisan, meant to ease him out, but Chancellor Wei Xiang memorialized that Yannian had long abused high office and his conduct was riddled with corruption. An inquiry turned up only neglected park horses and underfed government slaves—thin grounds—but Yannian was stripped of office and docked two thousand households of his fief. A few months later he was recalled and named governor of Beidi. A former nine minister banished to a frontier post, he administered the commandery listlessly until the emperor sent a sealed edict rebuking him. Stung, he recruited able subordinates, smashed the local magnates, and brought order to the region. After a year the court sent a herald with a commendatory edict and two thousand catties of gold, transferring him to Xihe, where his administration won wide praise. During the Wufeng era (57–54 BCE) he was summoned to serve as imperial counselor. He moved into his father's official mansion but refused to use the old reception rooms, changing every hall and chamber where Du Zhou had sat. The frontier was quiet and the realm at peace. After three years in office he cited age and ill health and asked leave to retire. The emperor treated him kindly, sending the grand coachman with a hundred catties of gold, wine, and physicians with medicines. Yannian then insisted his condition was critical. He was awarded a comfortable carriage team and permission to withdraw to his private residence. He died a few months later with the posthumous epithet "Respectful Marquis"; his son Du Huan succeeded him.
12
延年子緩
Yannian's son: Du Huan.
13
緩少為郎,本始中以校尉從蒲類將軍擊匈奴,還為諫大夫,遷上谷都尉,雁門太守。 父延年薨,征視喪事,拜為太常,治諸陵縣,每冬月封具獄日,常去酒省食,官屬稱其有恩。 元帝初即位,谷貴民流,永光中西羌反,緩輒上書入錢、谷以助用,前後數百萬。
Du Huan began as a gentleman-attendant. In the Benshi era (73–70 BCE) he campaigned against the Xiongnu as a colonel under the Pulei general, then served as remonstrance grandee, commandant of Shanggu, and governor of Yanmen. When Yannian died he was called to the capital to direct the obsequies and was appointed grand master of ceremonies in charge of the imperial tomb districts. Each winter, on the day capital cases were closed for the year, he abstained from wine and took spare meals; his staff praised his compassion. At the beginning of Yuandi's reign grain prices soared and refugees filled the roads. When the western Qiang rose in Yongguang, Huan repeatedly donated cash and grain to the treasury—hundreds of thousands over several years.
14
緩六弟,五人至大官,少弟熊歷五郡二千石、三州牧刺史,有能名,唯中弟欽官不至而最知名。
Huan had six younger brothers, five of whom rose to high rank. The youngest, Xiong, served as governor of five commanderies and shepherd or inspector of three provinces with a reputation for competence; only the fifth brother, Qin, never climbed so high yet became the most famous of the line.
15
緩弟欽
Huan's younger brother: Du Qin.
16
欽字子夏,少好經書,家富而目偏盲,故不好為吏。 茂陵杜鄴與欽同姓字,俱以材能稱京師,故衣冠謂欽為「盲杜子夏」以相別。 欽惡以疾見詆,乃為小冠,高廣財二寸,由是京師更謂欽為「小冠杜子夏」,而鄴為「大冠杜子夏」云。
Du Qin, courtesy Zixia, loved classical learning in his youth. His family was wealthy, but partial blindness in one eye left him unwilling to pursue a routine official career. Another Du Ye of Maoling shared his surname and courtesy name; both were known in Chang'an for their gifts, so the gentry dubbed our man "the blind Du Zixia" to tell the two apart. Qin resented the nickname, so he took to wearing a tiny cap barely two inches high and wide; thereafter Chang'an called him "Little-Cap Du Zixia" and the other "Big-Cap Du Zixia."
17
時,帝舅大將軍王鳳以外戚輔政,求賢知自助。 鳳父頃侯禁與欽兄緩相善,故鳳深知欽能,奏請欽為大將軍軍武庫令。 職閒無事,欽所好也。
Meanwhile the emperor's uncle, Grand General Wang Feng, ruled as regent through his maternal connection and cast about for able men to strengthen his hand. Wang Feng's late father, Marquis Qing Wang Jin, had been friendly with Du Huan, so Feng knew Qin's talents well and had him appointed intendant of the arsenal on the general's staff. The post was a sinecure—exactly what Qin wanted.
18
鳳白之太后,太后以為故事無有。 欽復重言:「《詩》云:『殷監不遠,在夏後氏之世』。 刺戒者至迫近,而省聽者常怠忽,可不慎哉! 前言九女,略陳其禍福,甚可悼懼,竊恐將軍不深留意。 后妃之制,夭壽治亂存亡之端也。 跡三代之季世,覽宗、宣之饗國,察近屬之符驗,禍敗曷常不由女德? 是以佩玉晏鳴,《關雎》歎之,知好色之伐性短年,離制度之生無厭,天下將蒙化,陵夷而成俗也。 故詠淑女,幾以配上,忠孝之篤,仁厚之作也。 夫君親壽尊,國家治安,誠臣子至願,所當勉之也。 《易》曰:『正其本,萬物理。』 凡事論有疑未可立行者,求之往古則典刑無,考之來今則吉凶同,卒搖易之則民心惑,若是者誠難施也。 今九女之制,合於往古,無害於今,不逆於民心,至易行也,行之至有福也,將軍輔政而不蚤定,非天下之所望也。 唯將軍信臣子之願,念《關雎》之思,逮委政之隆,及始初清明,為漢家建無窮之基,誠難以忽,不可以遴。」 鳳不能自立法度,循故事而已。 會皇太后女弟司馬君力與欽兄子私通,事上聞,欽慚懼,乞骸骨去。
When Feng laid the memorial before the empress dowager, she replied that no precedent existed for what he proposed. Qin pressed his case again, quoting the Book of Odes: "Yin's mirror is not far off—it lies in the house of Xia." The warning voices are close at hand, yet rulers grow deaf to them—can we afford to be careless? My earlier memorial on the nine imperial concubines sketched their blessings and curses in frightening detail; I fear Your Lordship has not weighed it seriously enough. The institution of empress and harem is where the fate of dynasties turns—whether rulers die young or live long, whether the realm thrives or falls. Trace the last kings of the three ancient dynasties, read how the great affinal clans fared from Emperor Xuan through Emperor Yuan, then look at the omens among your own kin: has catastrophe ever come from anywhere but the inner quarters? Hence the ritual bells that slowed the morning audience and the sigh of "Guanju" over unchecked passion—excess in the harem wastes the body and shortens life; once the proper numbers are abandoned, desire knows no limit, and the whole realm takes its tone from the palace until decadence becomes habit. That is why the classic praises the modest bride who fits her lord: it is the root of loyal service and filial devotion, the very embodiment of humane governance. Long life and high honor for ruler and father, peace for state and family—that is every loyal subject's prayer and his proper goal. As the Classic of Changes puts it, "Set the root straight and the myriad things fall into order." Whenever policy is uncertain, looking backward yields no clear precedent and looking around shows only mixed results; flip-flopping further confuses the people—such measures are nearly impossible to enforce. The ancient rule limiting the harem to nine secondary consorts fits antiquity, injures nothing today, and offends no popular sentiment; it could be enacted tomorrow to the empire's great good. Yet you govern as regent and still delay—this is not what the realm expects of you. I beg you to heed a loyal subject, recall the lesson of "Guanju," seize this moment of paramount authority while your judgment is still lucid, and lay an unshakable foundation for Han. The matter is too grave to shrug off or postpone." Wang Feng lacked the courage to innovate; he hid behind precedent. Then it came out that the empress dowager's younger sister Sima Junli had carried on an affair with Qin's nephew. Qin, mortified and terrified, resigned his post.
19
後有日蝕、地震之變,詔舉賢良方正能直言士,合陽侯梁放舉欽。 欽上對曰:「陛下畏天命,悼變異,延見公卿,舉直言之士,將以求天心,跡得失也。 臣欽愚戇,經術淺薄,不足以奉大對。 臣聞日蝕、地震,陽微陰盛也。 臣者,君之陰也; 子者,父之陰也; 妻者,夫之陰也; 夷狄者,中國之陰也。 《春秋》日蝕三十六,地震五,或夷狄侵中國,或政權在臣下,或婦乘夫,或臣子背君父,事雖不同,其類一也。 臣竊觀人事以考變異,則本朝大臣無不自安之人,外戚親屬無乖刺之心,關東諸侯無強大之國,三垂蠻夷無逆理之節; 殆為後宮。 何以言之? 日以戊申蝕。 時加未。 戊未,土也。 土者,中宮之部也。 其夜地震未央宮殿中,此必適妾將有爭寵相害而為患者,唯陛下深戒之。 變感以類相應,人事失於下,變象見於上。 能應之以德,則異咎消亡; 不能應之以善,則禍敗至。 高宗遭雊雉之戒,飭己正事,享百年之壽,殷道復興,要在所以應之。 應之非誠不立,非信不行。 宋景公,小國之諸侯耳,有不忍移禍之誠,出人君之言三,熒惑為之退捨。 以陛下聖明,內推至誠,深思天變,何應而不感? 何搖而不動? 孔子曰:『仁遠乎哉!』 唯陛下正後妾,抑女寵,防奢泰,去佚游,躬節儉,親萬事,數御安車,由輦道,親二宮之饔膳,致晨昏之定省。 如此,即堯、舜不足與比隆,咎異何足消滅? 如不留聽於庶事,不論材而授位,殫天下之財以奉淫侈,匱萬姓之力以從耳目,近諂諛之人而遠公方,信讒賊之臣以誅忠良,賢俊失在巖穴,大臣怨於不以,雖無變異、社稷之憂也。 天下至大,萬事至眾,祖業至重,誠不可以佚豫為,不可以奢泰持也。 唯陛下忍無益之欲,以全眾庶之命。 臣欽愚戇,言不足采。」
Later, after solar eclipses and earthquakes, the throne called for outspoken men of integrity. Liang Fang, the marquis of Heyang, nominated Du Qin. Du Qin answered the rescript: "Your Majesty stands in awe of Heaven, mourns these omens, has opened the court to ministers, and summoned blunt speakers because you wish to read the mind of Heaven and learn where government has erred." Your servant Du Qin is dull-witted and poorly versed in the classics—hardly fit to answer so weighty an examination. I have read that eclipses and earthquakes betoken feeble yang and rampant yin. Ministers are the yin counterpart to their sovereign; sons, to their fathers; wives, to their husbands; and the barbarians, to the Chinese heartland. The Spring and Autumn records thirty-six eclipses and five earthquakes: some coincided with barbarian invasions, some with ministerial dictatorship, some with wives dominating husbands, some with subjects betraying their lords—different events, one pattern. When I weigh human affairs against these omens, I find no minister at court nursing sedition, no imperial in-laws nursing grudges, no eastern kingdom strong enough to challenge the throne, no frontier tribe openly defying the moral order; the source must lie in the harem. Why do I say so? The eclipse fell on the day wushen. The hour was wei. Both wu and wei belong to the element earth. Earth governs the central palace—the empress's domain. That very night the earth shook inside Weiyang Palace. The omen points to rival concubines contending for your favor and doing one another harm. I beg Your Majesty to take it to heart. Heaven answers human misconduct in kind: error below, portent above. Meet them with true virtue and the ill omens will fade; fail to reform, and ruin follows. King Gaozong of Yin heeded the warning of the crowing pheasants, set his house in order, lived a long life, and restored the dynasty—everything turns on how a ruler answers Heaven. Such a response must be sincere to endure and trustworthy to succeed. Duke Jing of Song was lord of a minor state, yet his unwillingness to shift calamity onto his subjects was so genuine that he thrice spoke as a true sovereign should—and Mars changed its course for him. Your Majesty is wise enough to search your heart, ponder these signs in utmost good faith, and move Heaven itself. What stubborn ill could then resist you? Confucius asked, "Is humanity really so far away?" Correct the harem hierarchy, curb excessive favor to women, shun luxury and idle sport, practice personal frugality, mind the myriad details of government yourself, ride often in the modest state carriage along the palace carriage ways, attend your mother and aunt in the two palaces in person, and perform the morning and evening courtesies of a filial son. Do this, and you will surpass even Yao and Shun—what omen could stand against you? But if you ignore the business of government, hand posts to unfit men, squander the treasury on debauchery, grind the people down to amuse your senses, flatterers at your elbow while honest men stand far off, believe slander and kill the loyal until talent hides in the hills and great ministers nurse resentment—then even without eclipses or tremors, the altars of state are already in peril. The realm is vast, its business endless, and the patrimony you hold is heavy beyond measure: you cannot rule by self-indulgence or maintain it through excess. I beg you to renounce pleasures that profit nothing and so preserve the lives of your people. Your foolish servant has said more than his deserts; whether any of it merits heed is for Your Majesty alone to judge."
20
其夏,上盡召直言之士詣白虎殿對策,策曰:「天地之道何貴? 王者之法何如? 《六經》之義何上? 人之行何先? 取人之術何以? 當世之治何務? 各以經對。」
That summer the emperor convened every outspoken scholar at the White Tiger Hall for the policy examination. The question read: "What does the Way of Heaven and earth honor above all? What should be the model for a true king? What do the Six Classics rank highest? In human conduct, what comes first? By what art does one choose officials? What is the urgent task of government today? Let each answer from the classics."
21
欽對曰:「臣聞天道貴信,地道貴貞; 不信不貞,萬物不生。 生,天地之所貴也。 王者承天地之所生,理而成之,昆蟲草木靡不得其所。 王者法天地,非仁無以廣施,非義無以正身; 克己就義,恕以及人,《六經》之所上也。 不孝,則事君不忠,蒞官不敬,戰陳無勇,朋友不信。 孔子曰:『孝無終始,而患不及者,未之有也。』 孝,人行之所先也。 觀本行於鄉黨,考功能於官職,達觀其所舉,富觀其所予,窮觀其所不為,乏觀其所不取,近觀其所為主,遠觀其所主。 孔子曰:『視其所以,觀其所由,察其所安,人焉瘦哉?』 取人之術也。 殷因於夏尚質,周因於殷尚文,今漢家承周、秦之敝,宜抑文尚質,廢奢長儉,表實去偽。 孔子曰『惡紫之奪硃』,當世治之所務也。 臣竊有所憂,言之則拂心逆指,不言則漸日長,為禍不細,然小臣不敢廢道而求從,違忠而耦意。 臣聞玩色無厭,必生好憎之心; 好憎之心生,則愛寵偏於一人; 愛寵偏於一人,則繼嗣之路不廣,而嫉妒之心興矣。 如此,則匹婦之說,不可勝也。 唯陛下純德普施,無慾是從,此則眾庶咸說,繼嗣日廣,而海內長安。 萬事之是非何足備言!」
Du Qin replied: "Heaven esteems good faith; earth esteems constancy. Without them nothing lives. Life itself is what Heaven and earth most cherish. The king takes what Heaven and earth nurture and brings all creatures, down to the least insect and blade of grass, to their proper estate. He takes Heaven and earth as his pattern: without humanity he cannot spread blessings abroad; without righteousness he cannot set his own person straight; self-discipline in the name of duty, forgiveness extended to others—that is what the Six Classics rank above all else. Without filial piety there can be no loyal service to the throne, no reverent discharge of office, no courage in battle, no good faith among friends. Confucius said, "Filial duty is a road without end, yet no one who sets foot on it need ever fear he cannot keep up." Filial conduct must come first in every life. Watch a man among his neighbors, test him in office; when he is rich, see whom he promotes and what he gives away; when he is poor, see what baseness he refuses and what bribe he will not touch; close at hand note whom he treats as patron, from afar whom he chooses as master. Confucius said, "Study his acts, trace his motives, note where he is content—then how can character stay hidden?" That is the art of choosing men for office. Yin succeeded Xia and valued plain substance; Zhou succeeded Yin and valued ritual refinement. Han inherits the exhaustion of both Qin and Zhou: we should curb empty display, return to simplicity, shun waste, encourage thrift, and prize the genuine over the counterfeit. Confucius said he hated how purple crowds out true red—that is the reform our age most needs. I have a further worry: to voice it offends Your Majesty, yet silence lets the evil grow day by day into no small harm. Still, a petty official may not abandon the right path to curry favor or choose treachery over loyalty. Endless dalliance with women breeds love and hate; love and hate concentrate favor on a single face; and when favor leans on one alone, the succession narrows and jealousy flares among the rest. Then the whispering of the women's quarters becomes impossible to silence. Spread your pure virtue evenly, master your desires, and the people will rejoice, the imperial line will flourish, and the realm will know lasting peace. As for every other question of right and wrong—words are hardly needed!"
22
欽以前事病,賜帛罷,後為議郎,復以病免。
After the scandal Du Qin pleaded illness, received a gift of silk, and left office. He was later made a consultant grandee but again resigned on grounds of ill health.
23
征詣大將軍莫府,國家政謀,鳳常與欽慮之。 數稱達名士王駿、韋安世、王延世等,救解馮野王、王尊、胡常之罪過,及繼功臣絕世,填撫四夷,當世善政,多出於欽者。 見鳳專政泰重,戒之曰:「昔周公身有至聖之德,屬有叔父之親,而成王有獨見之明,無信讒之聽,然管、蔡流言而周公懼。 穰侯,昭王之舅也,權重於秦,威震鄰敵,有旦莫偃伏之愛,心不介然有間,然范雎起徒步,由異國,無雅信,開一朝之說,而穰侯就封。 及近者武安侯之見退,三事之跡,相去各數百歲,若合符節,甚不可不察。 願將軍由周公之謙懼,損穰侯之威,放武安之欲,毋使范雎之徒得間其說。」
He was then summoned to Grand General Wang Feng's headquarters, where Feng habitually discussed state strategy with him. He repeatedly praised worthy men such as Wang Jun, Wei Anshi, and Wang Yanshi to high office, cleared Feng Yewang, Wang Zun, and Hu Chang of unjust charges, restored titles to meritorious families whose lines had failed, and soothed the frontier tribes—most of the era's sound policies owed something to Du Qin. Seeing Wang Feng's grip on power grow oppressive, Du Qin warned him: The Duke of Zhou was the paragon of sagehood and the king's uncle, and King Cheng was a discerning sovereign who refused slander—yet the rumor spread by Guan and Cai still struck terror into the duke. Marquis Rang, uncle to King Zhao of Qin, dominated that state and awed its neighbors; he shared the king's pillow and board without a shadow between them—yet Fan Ju, a stranger on foot, won a single hearing and sent Rang packing to his domain. Add the recent fall of the Marquis of Wu'an: three lessons centuries apart that fit together like matching tallies. They demand your deepest reflection. I urge you to keep the Duke of Zhou's humility, shed Marquis Rang's arrogance, and curb the appetites that ruined the Marquis of Wu'an—lest another Fan Ju find a crack through which to speak.
24
頃之,復日蝕,京兆尹王章上封事求見,果言鳳專權蔽主之過,宜廢勿用,以應天變。 於是天子感悟,召見章,與議,欲退鳳。 鳳甚憂懼,欽令鳳上疏謝罪,乞骸骨,文指甚哀。 太后涕泣為不食。 上少而親倚鳳,亦不忍廢,復起鳳就位。 鳳心慚,稱病篤,欲遂退。 欽復說之曰:「將軍深悼輔政十年,變異不已,故乞骸骨,歸咎於身,刻己自責,至誠動眾,愚知莫不感傷。 雖然,是無屬之臣,執進退之分,絜其去就之節者耳,非主上所以待將軍,非將軍所以報主上也。 昔周公雖老,猶在京師,明不離成周,示不忘王室也。 仲山父異姓之臣,無親於宣,就封於齊,猶歎息永懷,宿夜徘徊,不忍遠去,況將軍之於主上,主上之與將軍哉! 夫欲天下治安變異之意,莫有將軍,主上照然知之,故攀援不遣,《書》稱『公毋困我!』 唯將軍不為四國流言自疑於成王,以固至忠。」 鳳復起視事。 上令尚書劾奏京兆尹章,章死詔獄。 語在《元後傳》。
Soon another eclipse darkened the sun. Wang Zhang, governor of the capital, sealed a memorial and begged an audience, denouncing Wang Feng for monopolizing power and blinding the throne. He urged that Feng be removed to answer Heaven. The emperor was stirred, received Wang Zhang in audience, and began to consider dismissing Feng. Feng was terrified. Du Qin had him memorialize an abject apology and offer to resign—the wording was heart-rending. The empress dowager wept and refused her meals for his sake. The emperor, who had leaned on Feng since boyhood, could not bear to cast him off and restored him to power. Chastened, Feng pleaded grave illness and tried to withdraw. Du Qin urged him again: "Your memorial blames yourself for ten years of ill omens under your regency and asks to retire—such self-reproach moves every heart, high or low. Yet that is the language of a disposable clerk who minds only his own exit—hardly what a loyal minister owes his sovereign, or a sovereign owes the pillar of his state." The Duke of Zhou stayed in the capital in old age to show he never abandoned the royal city or the king. Zhong Shanfu, no kin to King Xuan, still lingered in sorrow when posted to Qi—how much more should you, bound to the emperor by blood and office?" No one else can steady the realm or read these omens as you can, and the emperor knows it—hence he clings to you and will not let go. The Documents cry, "My uncle, do not abandon me!" Do not, like the Duke of Zhou, almost let slander from the four quarters shake your faith in your king—hold fast to perfect loyalty. Wang Feng returned to duty. The emperor then ordered the Masters of Writing to impeach Wang Zhang, who died in the imperial prison. The full story is told in the biography of Empress Yuan.
25
章既死,眾庶冤之,以譏朝廷。 欽欲救其過,復說鳳曰:「京兆尹章所坐事密,吏民見章素好言事,以為不坐官職,疑其以日蝕見對有所言也。 假令章內有所犯,雖陷正法,事不暴揚,自京師不曉,況於遠方。 恐天下不知章實有罪,而以為坐言事也。 如是,塞爭引之原,損寬明之德。 欽愚以為宜因章事舉直言極諫,並見郎從官展盡其章,加於往前,以明示四方,使天下咸知主上聖明,不以言罪下也。 若此,則流言消釋,疑惑著明。」 鳳白行其策。 欽之補過將美,皆此類也。
The people believed Wang Zhang had been wronged, and the court became a laughingstock. Du Qin, hoping to repair the damage, urged Feng: Wang Zhang real offense was never made public. The capital supposes that because he always spoke boldly on policy, he lost his life not for corruption but for what he said about the eclipse. Even if he were guilty of some private crime, a quiet execution would have left the capital guessing, to say nothing of the provinces. I fear the realm will conclude he was executed for honest counsel, not for proven guilt. That would choke off frank advice and tarnish your reputation for fairness. I suggest you use this case to invite the harshest criticism: let every gentleman-attendant and staff officer air his views more freely than before, so the whole empire will see that the sage Son of Heaven does not punish men for speaking out. Rumor will die away and suspicion will clear. Feng adopted the plan and put it into effect. Du Qin habit of covering others missteps while advancing what was right ran in this vein.
26
優遊不仕,以壽終。 欽子及昆弟支屬至二千石者且十人。 欽兄緩前免太常,以列侯奉朝請,成帝時乃薨,子業嗣。
He lived out his days in comfortable retirement, never again taking office. Nearly ten of his sons, brothers, and cousins rose to the rank of two thousand piculs. His elder brother Du Huan had earlier been removed as grand master of ceremonies but kept his column marquis title with permission to attend court; he died under Emperor Cheng, and his son Du Ye inherited.
27
欽子業
Du Qin son: Du Ye.
28
業有材能,以列侯選,復為太常。 數言得失,不事權貴,與丞相翟方進、衛尉定陵侯淳于長不平。 後業坐法免官,復為函谷關都尉。 會定陵侯長有罪,當就國,長舅紅陽侯立與業書曰:「誠哀老姊垂白,隨無狀子出關,願勿復用前事相侵。」 定陵侯既出關,伏罪復發,下洛陽獄。 丞相史搜得紅陽侯書,奏業聽請,不敬,坐免就國。
Du Ye was capable; as a column marquis he was selected again for the post of grand master of ceremonies. He often criticized policy, refused to truckle to the mighty, and was on bad terms with Chancellor Zhai Fangjin and Commandant of the Guards Chunyu Chang, marquis of Dingling. Later he lost his post for a legal infraction, then was appointed commandant of Hangu Pass. When Chunyu Chang was ordered to his fief for crimes, his uncle Wang Li, the marquis of Hongyang, wrote to Du Ye: "My poor white-haired sister must follow her worthless son through the pass—please do not use old scores against him." After Chunyu Chang had crossed the pass, new evidence of guilt surfaced and he was remanded to the Luoyang jail. A clerk in the chancellor's office found Wang Li's letter and impeached Du Ye for honoring an improper request; Ye was stripped of rank and sent to his fief.
29
業又言宜為恭王立廟京師,以章孝道。 時,高昌侯董宏亦言宜尊帝母定陶王丁後為帝太后。 大司空師丹等劾宏誤朝不道,坐免為庶人,業復上書訟宏。 前後所言皆合指施行,朱博果見拔用。 業由是征,復為太常。 歲餘,左遷上黨都尉。 會司隸奏業為太常選舉不實,業坐免官,復就國。
Du Ye also memorialized that a shrine to Prince Gong should be erected in the capital to give public honor to filial devotion. About the same time Dong Hong, marquis of Gaochang, argued that Emperor Ai's birth mother, Lady Ding, consort of the king of Dingtao, should receive the title empress dowager. Grand Minister of Works Shi Dan and others impeached Dong Hong for misleading the court; Hong was stripped of rank and reduced to commoner status. Du Ye then filed another memorial in his defense. Memorial after memorial hit the mark and was implemented; Zhu Bo in particular owed his rise to Du Ye's backing. Du Ye was recalled to the capital and reappointed grand master of ceremonies. A little over a year later he was relegated to commandant of Shangdang. Then the metropolitan superintendent charged him with false entries in the lists of candidates he had sponsored as grand master of ceremonies. Du Ye lost his post once more and returned to his fief.
30
哀帝崩,王莽秉政,諸前議立廟尊號者皆免,徙合浦。 業以前罷黜,故見闊略,憂恐,發病死。 業成帝初尚帝妹穎邑公主,主無子,薨,業家上書求還京師與主合葬,不許,而賜謚曰荒侯,傳子至孫絕。 初,杜周武帝時徙茂陵,至延年徙杜陵雲。
After Emperor Ai died and Wang Mang took charge, everyone who had backed the temple and title controversy was removed from office and banished to Hepu. Because Du Ye had already been disgraced earlier, Mang let him off lightly; still, Ye lived in such dread that he sickened and died. Early in Emperor Cheng's reign Du Ye had married Princess Yingyi, the emperor's sister. She died without issue, and his family petitioned to bring his remains to the capital for burial beside hers. The court refused but bestowed the posthumous epithet Dissolute Marquis. The marquisate passed to his son and then his grandson before the line failed. Du Zhou's household had been relocated to Maoling under Emperor Wu; by Du Yannian's generation the family had settled at Duling—or so the note runs.
31
贊曰:張湯、杜周並起文墨小吏,致位三公,列於酷吏。 而俱有良子,德器自過,爵位尊顯,繼世立朝,相與提衡,至於建武,杜氏爵乃獨絕,跡其福祚、元功儒林之後莫能及也。 自謂唐杜苗裔,豈其然乎? 及欽浮沉當世,好謀而成,以建始之初深陳女戒,終如其言,庶幾乎《關雎》之見微,非夫浮華博習之徒所能規也。 業因勢而抵垝,稱硃博,毀師丹,愛憎之議可不畏哉
The historian concludes: Zhang Tang and Du Zhou both climbed from scribal obscurity to the three highest offices and earned their place among the "cruel officials." Yet each raised worthy sons who surpassed him in moral stature. Generation after generation they held high office, matching the greatest houses at court—until the Jianwu restoration, when the Du marquisate alone died out. In the sheer length of their good fortune even the posterity of the founding generals and the erudite school could not equal them. They claimed descent from the ancient lords of Tang and Du—who can say whether it was true? Du Qin moved with his times, relished intrigue, and carried his plans through. At the opening of the Jianshi era he laid out the peril of the harem with frightening clarity, and events bore him out—close to the moral discernment of the "Guanju" ode, and far beyond the compass of shallow rhetoricians. Du Ye exploited every shift in power to drive wedges: he extolled Zhu Bo and ruined Shi Dan. When favor and spite steer memorials at court, the lesson should give us pause.