1
唐臨唐臨,京兆長安人,周內史瑾孫也。 其先自北海徙關中。 伯父令則,開皇末為左庶子,坐諂事太子勇誅死。 臨少與兄皎俱有令名。 武德初,隱太子總兵東征,臨詣軍獻平王世充之策,太子引直典書坊,尋授右衛率府鎧曹參軍。 宮殿廢,出為萬泉丞。 縣有輕囚十數人,會春暮時雨,臨白令請出之,令不許。 臨曰:“明公若有所疑,臨請自當其罪。 ”令因請假,臨召囚悉令歸家耕種,與之約,令歸係所。 囚等皆感恩貸,至時畢集詣獄,臨因是知名。
Tang Lin, a native of Chang'an in the capital district of Jingzhao, was the grandson of Tang Jin, who had served Zhou as Interior Secretary. His family had originally come from Beihai and later relocated to the Guanzhong region. His uncle Tang Lingze had served as Left Vice Heir Apparent at the end of the Kaihuang era and was put to death for toadying to Crown Prince Yong. In youth, Lin and his elder brother Jiao were both famed for their character. Early in the Wude era, when the crown prince led the eastern campaign, Lin went to the camp and offered a plan to defeat Wang Shichong. The prince installed him in the crown prince's document office, and he was soon made a staff officer in the Right Guard's armor bureau. After the crown prince's fall, he was posted out as assistant magistrate of Wanquan County. The county held a dozen-odd light offenders. Late spring brought seasonal rains, and Lin asked the magistrate to release them for planting; the magistrate refused. Lin said, "If you have doubts, I will answer for this myself. The magistrate took leave, and Lin sent every prisoner home to farm under bond to return when called. The prisoners were grateful for the trust; when the deadline came they all presented themselves at the jail, and Lin's name spread.
2
再遷侍御史,奉使嶺外,按交州刺史李道彥等申叩冤係三千餘人。 累轉黃門侍郎,加銀青光祿大夫。 儉薄寡欲,不治第宅,服用簡素,寬於待物。 嚐欲吊喪,令家童自歸家取白衫,家僮誤將餘衣,懼未敢進。 臨察知之,使召謂曰:“今日氣逆,不宜哀泣,向取白衫,且止之也。 ”又嚐令人煮藥,失製。 潛知其故,謂曰:“陰暗不宜服藥,宜即棄之。 ”竟不揚言其過,其寬恕如此。
Promoted again to Attending Censor, he toured the south and reviewed the cases of Jiao Prefecture inspector Li Daoyan and others, securing release for more than three thousand prisoners held on false charges. He rose to Vice Minister of the Yellow Gate and was granted the Silver-Green Glory Grand Master title. He lived plainly, built no mansion, dressed simply, and treated others with forbearance. Once, preparing to mourn, he sent a servant home for a white robe; the boy brought the wrong clothes and dared not come forward. Lin noticed, called him in, and said, "The air is unsteady today—no use weeping. Forget the white robe for now. Another time his medicine was brewed incorrectly. Knowing why, he said quietly, "It is too dark to dose properly—throw it out. He never exposed their mistakes. Such was his leniency.
3
高宗即位,檢校吏部侍郎。 其年,遷大理卿。 高宗嚐問臨在獄係囚之數,臨對詔稱旨。 帝喜曰:“朕昔在東宮,卿已事朕,朕承大位,卿又居近職,以疇昔相委,故授卿此任。 然為國之要,在於刑法,法急則人殘,法寬則失罪,務令折中,稱朕意焉。 ”高宗又嚐親錄死囚,前卿所斷者號叫稱冤,臨所入者獨無言。 帝怪問狀,囚曰:“罪實自犯,唐卿所斷,既非冤濫,所以絕意耳。 ”帝歎息良久曰:“為獄者不當如此耶!”
When Emperor Gaozong succeeded, Lin was appointed acting Vice Minister of Personnel. The same year he became Minister of Justice. Gaozong once asked how many prisoners the courts held; Lin's reply pleased him. The emperor said, "You served me in the Eastern Palace, and now you are close at hand again. Because of our old trust I give you this charge. But the heart of government is law: harsh laws mutilate the people, lax laws let guilt escape. Keep the balance and match my intent. Gaozong once reviewed death-row cases in person. Prisoners judged by his predecessor cried out their innocence; those Lin had tried were silent. Asked why, one man said, "I am guilty as charged. Minister Tang's sentence was fair, so I have nothing left to plead. The emperor sighed and said, "Is this not how a judge should be?
4
,為御史大夫。 明年,華州刺史蕭齡之以前任廣州都督贓事發,製付群官集議。 及議奏,帝怒,令於朝堂處置。 臨奏曰:
In the first year of Yonghui he was appointed Censor-in-Chief. The following year bribery from Xiao Lingzhi's term as governor of Guangzhou came to light; the emperor ordered a panel of officials to deliberate. When their report came in, the emperor was furious and ordered him executed in the palace courtyard. Lin submitted a memorial, saying:
5
高宗從其奏,齡之竟得流於嶺外。
Gaozong accepted his argument, and Lingzhi was exiled to the far south instead.
6
尋遷刑部尚書,加金紫光祿大夫,復曆兵部、度支、吏部三尚書。 ,坐事,貶為潮州刺史。 卒官,年六十。 所撰《冥報記》二卷,大行於世。
He was soon made Minister of Punishments with the Gold-Purple Glory title, and later held the ministries of War, Revenue, and Personnel in turn. In the fourth year of Xianqing, implicated in a case, he was demoted to prefect of Chaozhou. He died in that post at the age of sixty. His two-scroll Records of Netherworld Retribution circulated widely.
7
兄皎,武德初為秦府記室,從太宗征討,專掌書檄,深見親待。 貞觀中,累轉吏部侍郎。 先是,選集無限,隨到補職,時漸太平,選人稍眾,皎始請以冬初一時大集,終季春而畢,至今行之。 曆遷益州長史。 卒,贈太常卿。
His elder brother Jiao entered service in the Prince of Qin's secretariat in Wude, followed Taizong on campaign as chief draftsman, and won deep favor. Under Zhenguan he rose to Vice Minister of Personnel. Earlier, civil-service selections had no fixed season and posts were filled as candidates arrived. As peace returned and candidates multiplied, Jiao proposed a single winter-to-spring selection cycle, a practice that continues today. He later served as long-term governor of Yizhou. He died and was posthumously made Minister of Imperial Sacrifices.
8
子之奇,調露中為給事中,坐嚐為章懷太子僚屬徙邊。 ,起為括蒼令,與徐敬業作亂伏誅。
His son Zhiqi was a drafting attendant in the Tiaolu era; for having served Crown Prince Zhanghuai he was exiled. Recalled as magistrate of Kuo'ang, he joined Xu Jingye's revolt and was put to death.
9
臨孫紹,博學,善《三禮》。 神龍中為太常博士。 ,韋庶人上言:“自妃、主及命婦、宮官,葬日請給鼓吹。 ”中宗特製許之。 紹上疏諫曰:“竊聞鼓吹之樂,本為軍容。 昔黃帝涿鹿有功,以為警衛。 故棡鼓曲有《靈夔吼》、《雕鶚爭》、《石墜崖》、《壯士怒》之類,自昔功臣備禮,適得用之。 丈夫有四方之功,以恩加寵錫。 假如郊天祀地,誠是重儀,惟有宮懸,本無案據。 故知軍樂所備,尚不洽於神祇; 鉦鼓之音,豈能接於閨閫。 準式,公主、王妃已下葬禮,惟有團扇、方扇、彩帷、錦鄣之色。 加之鼓吹,曆代未聞。 又準令,五品官婚葬,元無鼓吹,惟京官五品,得借四品鼓吹為儀。 令特給五品以上母妻,五品官則不當給限,便是班秩本因夫子,儀飾乃復過之。 事非倫次,難為定制,參詳義理,不可常行。 請停前敕,各依常典。 ”疏奏不納。
Lin's grandson Shao was learned and expert in the Three Rites. During the Shenlong era he served as Erudite of the Imperial Sacrifices. Empress Wei then petitioned that consorts, princesses, titled ladies, and palace women be granted martial music at their funerals. Emperor Zhongzong specially approved it. Shao remonstrated: "Martial pipe-and-drum music was created for armies. The Yellow Emperor instituted it as a guard of honor after Zhuolu. Its drum pieces—Spirit Kui Roars, Eagle and Goshawk Contend, Stone Falls from the Cliff, Hero's Wrath—were reserved for meritorious ministers. Men who won the realm received such honors by imperial grace. Even at the greatest sacrifices to Heaven and Earth, only the palace bells are prescribed—no precedent for martial music there. Military music does not even belong at rites for the gods; how could gongs and drums enter the women's quarters? Regulations for princesses and consorts allow only fans, canopies, and brocade screens at burial. Adding martial music has no precedent in any dynasty. Statute gives fifth-rank officials no martial music at all; only metropolitan fifth-rank officials may borrow fourth-rank music. Granting it to fifth-rank mothers and wives while denying fifth-rank officials themselves inverts rank, which derives from husband or son. The order is wrong, the rule unworkable, and the rite should not become routine. I ask that the recent edict be revoked and old custom restored. The memorial went unheeded.
10
紹尋遷左台侍御史,兼太常博士。 中宗將親拜南郊,國子祭酒祝欽明等希旨皇后為亞獻,紹與博士蔣欽緒固爭以為不可。 又則天父母二陵各置守戶五百人,武三思及子崇訓墓各置守戶六十人。 以武氏外戚乃與昭陵禮同,三思等復逾親王之製,又上疏切諫。 當時雖皆不從,深為議者所美。 睿宗即位,又數陳時政損益,累轉給事中,仍知禮儀事。
Shao was soon made Left Censor and still served as ritual erudite. When Zhongzong prepared to sacrifice at the southern suburb, Zhu Qinming and others flattered Empress Wei as secondary offerer; Shao and Jiang Qinxu protested. Wu Zetian's parents' tombs each received five hundred guard households; Wu Sansi and his son Chongxun each received sixty. Equating Wu kin with Taizong's Zhaoling and outdoing princely rites, Shao remonstrated again. None of it was adopted, but contemporaries admired his stand. Under Ruizong he repeatedly advised on policy, rose to Drafting Attendant, and still oversaw ritual.
11
冬,今上講武於驪山,紹以修儀注不合旨,坐斬。 時今上既怒講武失儀,坐紹於纛下,右金吾將軍李邈遽請宣敕,遂斬之。 時人既痛惜紹,而深咎於邈。 尋有敕罷邈官,遂擯廢終其身。 張文瓘張文瓘,貝州武城人。 大業末徙家魏州之昌樂。 瓘幼孤,事母兄以孝友聞。 貞觀初,舉明經,補并州參軍。 時英國公李勣為長史,深禮之。 累遷水部員外郎。 時兄文琮為戶部侍郎,舊制兄弟不許並居台閣,遂出為雲陽令。 龍朔年,累授東西台舍人、參知政事。 尋遷東台侍郎、同東西台三品,兼知左史事。
That winter the emperor drilled troops at Lishan; Shao's ritual directions displeased him and he was sentenced to death. Already angry at the disorderly drill, the emperor had Shao sit beneath the command banner; General Li Miao rushed the edict and he was beheaded. The court mourned Shao and blamed Li Miao. An edict soon stripped Miao of office and he never served again. Zhang Wenjun, a native of Wucheng in Beizhou. Late in the Daye era his family moved to Changle in Weizhou. Orphaned young, he was known for devotion to his mother and elder brother. In early Zhenguan he passed the Mingjing exam and became a Bingzhou staff officer. Li Ji, Duke of Ying, was then regional commander and treated him with great respect. He rose to vice director of the Water Bureau. His brother Wenzong was Vice Minister of Revenue; regulations barred brothers from the central secretariat, so Wenjun was posted as magistrate of Yunyang. In Longshuo he became a drafting officer on the Eastern and Western Terrace and joined the council of state. He soon became Eastern Terrace vice minister with third-rank standing and oversaw the left historiographer.
12
時初造蓬萊、上陽、合璧等宮,又征討四夷,廄馬有萬匹,倉庫漸虛。 文瓘因進諫曰:“人力不可不惜,百姓不可不養,養之逸則富以康,使之勞則怨以叛。 秦皇、漢武,廣事四夷,多造宮室,使士崩瓦解,戶口減半。 臣聞製化於未亂,保邦於未危,人罔常懷,懷於有仁。 陛下不製於未亂之前,安能救於既危之後? 百姓不堪其弊,必構禍難,殷鑒不遠,近在隋朝。 臣願稍安撫之,無使生怨。 ”上深納其言,於是節減廄馬數千匹,賜文瓘繒錦百段。
New palaces—Penglai, Shangyang, Hebi—were rising, campaigns against the four quarters continued, ten thousand horses filled the stables, and the treasuries thinned. Wenjun remonstrated: "Do not waste labor or neglect the people. Ease makes them prosperous; overwork breeds resentment and revolt. Qin Shihuang and Han Wudi campaigned widely and built endlessly until armies shattered and the population halved. Order is made before chaos, safety before peril; people cling to whoever shows benevolence. If you do not act before disorder, how will you rescue the realm once danger arrives? The people cannot endure such burdens; disaster will follow. The lesson is close—the Sui fell only yesterday. I beg you to soothe them and give no cause for anger." The emperor took this to heart, cut thousands of horses from the stables, and gave Wenjun a hundred bolts of brocade.
13
,官名復舊,改授黃門侍郎,兼太子左庶子。 俄遷大理卿,依舊知政事。 文瓘至官旬日,決遣疑事四百餘條,無不允當,自是人有抵罪者,皆無怨言。 文瓘常有疾,係囚相與齋禱,願其視事。 當時咸稱其執法平恕,以比戴胄。 ,拜侍中,兼太子賓客。 大理諸囚聞文瓘改官,一時慟哭,其感人心如此。
In the third year of Xianheng titles reverted to earlier forms; he became Vice Minister of the Yellow Gate and junior tutor to the heir apparent. Soon he was Minister of Justice while still in the council. Within ten days he resolved more than four hundred doubtful cases to general satisfaction; thereafter convicts ceased to complain. When he fell ill, prisoners fasted together and prayed for his return. All praised his fair and merciful judgments, comparing him to Dai Zhou. In the second year of Shangyuan he was made Attendant-in-Chief and guest of the heir apparent. Ministry prisoners, hearing of his promotion, wept together—such was their regard.
14
文瓘性嚴正,諸司奏議,多所糾駁,高宗甚委之。 或時臥疾在家,朝廷每有大事,上必問諸宰臣曰:“與文瓘議未? ”奏雲未者,則遣共籌之。 奏雲已議者,皆報可從之。 其後,新羅外叛,高宗將發兵討除。 時文瓘疾病在家,乃輿疾請見,奏曰:“比為吐蕃犯邊,兵屯寇境,新羅雖未即順,師不內侵。 若東西俱事征討,臣恐百姓不堪其弊。 請息兵修德以安百姓。 ”高宗從之。 卒,年七十三,贈幽州都督,諡曰懿。 以其經事孝敬皇帝,特敕陪葬恭陵。 四子:潛、沛、洽、涉。 中宗時,潛官至魏州刺史,沛同州刺史,洽衛尉卿,涉殿中監。 父子兄弟五人皆至三品官,時人謂之“萬石張家”。 及韋溫等被誅之際,涉為亂兵所殺。
Stern and upright, he corrected many memorials from other offices; Gaozong relied on him heavily. When ill at home, on great affairs the emperor asked his chancellors, "Have you consulted Wenjun? If they had not, he sent them to confer with him. If they had, he approved their decision. Later Silla rebelled abroad, and Gaozong prepared to send troops against them. Wenjun was ill at home but had himself carried in to see the emperor. He said, "Tibetans are raiding the frontier and troops are massed there. Silla has not yet submitted, but their armies are not marching inland. If we fight on both fronts at once, the people will not endure the burden." I beg you to halt the armies and cultivate virtue to give the people peace." Gaozong agreed. He died at seventy-three, was posthumously made governor of Youzhou, and given the posthumous name Yi. For having served Emperor Xiaojing, he was specially ordered buried at Gongling. He had four sons: Qian, Pei, Qia, and She. Under Zhongzong, Qian became prefect of Wei, Pei of Tong, Qia commandant of the guards, and She director of the palace directorate. Father and four sons all reached third rank; contemporaries called them the Zhang family of ten thousand stone. When Wei Wen and his faction were killed, She died at the hands of mutinous troops.
15
兄文琮,貞觀中為持書侍御史。 三遷毫州刺史,為政清簡,百姓安之。 永徽初,表獻《太宗文皇帝頌》,優製褒美,賜絹百匹,征拜戶部侍郎。 從母弟房遺愛以罪貶授房州刺史,文琮作詩祖餞。 及遺愛誅,坐是出為建州刺史。 州境素尚淫祀,不修社稷。 文琮下教書曰:“春秋二社,蓋本為農,惟獨此州,廢而不立。 禮典既闕,風俗何觀? 近年已來,田多不熟,抑不祭先農所致乎! 神在於敬,何以邀福? ”於是示其節限條製,百姓欣而行之。 尋卒。 文集二十卷。 子戩,官至江州刺史,撰《喪儀纂要》七卷,行於時。 戩弟錫,則天時為鳳閣侍郎、同鳳閣鸞台平章事。 先是,姊子李嶠知政事,錫拜官,而嶠罷相出為國子祭酒,舅甥相代為相,時人榮之。 錫與鄭杲俱知天官選事,坐贓,則天將斬之以徇,臨刑而特赦之。 中宗時,累遷工部尚書,兼修國史,尋令於東都留守。 中宗崩,韋庶人臨朝,詔錫與刑部尚書裴談並同中書門下三品。 旬日,出為絳州刺史。 累封平原郡公,以年老致仕而卒。
His elder brother Wenzong was an attending censor in Zhenguan. Promoted thrice to prefect of Bozhou, he governed plainly and the people were content. In early Yonghui he presented an eulogy to Taizong; the emperor praised it, gave a hundred bolts of silk, and made him Vice Minister of Revenue. His cousin Fang Yiai, convicted, was demoted to Fangzhou; Wenzong wrote a farewell poem. When Yiai was executed, Wenzong was posted out as prefect of Jianzhou. The region favored improper cults and neglected the state altars. He issued an instruction: "The spring and autumn communal rites exist for farming; this prefecture alone has abandoned them. With ritual neglected, what custom remains to follow? In recent years the fields have often failed—is this not because the god of agriculture goes unhonored? Spirits respond to reverence, not to bribery. He then published the seasonal rules, and the people gladly obeyed. He soon died. His collected works ran to twenty scrolls. His son Jian became prefect of Jiangzhou and wrote Essentials of Mourning Rites in seven scrolls, widely used in his day. Jian's brother Xi under Wu Zetian was vice minister of the Phoenix Pavilion and chancellor. Earlier his nephew Li Qiao had been chancellor; when Xi was appointed, Qiao left office as rector of the National University—uncle and nephew succeeding each other as chief ministers, to the admiration of the age. Xi and Zheng Gao oversaw personnel selection; convicted of bribery, they were about to be executed when Wu Zetian pardoned them at the block. Under Zhongzong he rose to Minister of Works, helped revise the national history, and was left to guard the eastern capital. After Zhongzong's death Empress Wei ruled; Xi and Pei Tan were made chancellors of the third rank. Ten days later he was posted as prefect of Jiangzhou. Enfeoffed Duke of Pingyuan, he retired for age and died.
16
文琮從父弟文收,隋內史舍人虔威子也。 尤善音律,嚐覽蕭吉《樂譜》,以為未甚詳悉,更博采群言及曆代沿革,裁竹為十二律吹之,備盡旋宮之義。 時太宗將創製禮樂,召文收於太常,令與少卿祖孝孫參定雅樂。 太樂有古鍾十二,近代惟用其七,餘有五,俗號啞鍾,莫能通者。 文收吹律調之,聲皆響徹,時人咸服其妙。 尋授協律郎。 十一年,文收表請厘正太樂,上謂侍臣曰:“樂本緣人,人和則樂和。 至如隋煬帝末年,天下喪亂,縱令改張音律,知其終不和諧。 若使四海無事,百姓安樂,音律自然調和,不藉更改。 ”竟不依其請。 十四年,景雲見,河水清,文收采《朱雁天馬》之義,製《景雲河清》樂,名曰“燕樂”,奏之管弦,為樂之首,今元會第一奏者是也。 ,遷太子率更令,卒官。 撰《新樂書》十二卷。 徐有功徐有功,國子博士文遠孫也。 舉明經,累轉蒲州司法參軍,紹封東莞男。 為政寬仁,不行杖罰。 吏人感其恩信,遞相約曰:“若犯徐司法杖者,眾必斥罰之。 ”由是人爭用命,終於代滿,不戮一人。 ,累遷司刑丞。 時酷吏周興、來俊臣、丘神勣、王弘義等構陷無辜,皆抵極法,公卿震恐,莫敢正言。 有功獨存平恕,詔下大理者,有功皆議出之,前後濟活數十百家。 常於殿庭論奏曲直,則天厲色詰之,左右莫不悚栗,有功神色不撓,爭之彌切。 尋轉秋官員外郎,轉郎中。 俄而鳳閣侍郎任知古、冬官尚書裴行本等七人被構陷當死,則天謂公卿曰:“古人以殺止殺,我今以恩止殺。 就群公乞知古等,賜以再生,各授以官,佇申來效。 ”俊臣、張知默等又抗表請申大法,則天不許之。 俊臣乃獨引行本,重驗前罪,奏曰:“行本潛行悖逆,告張知蹇與廬陵王反不實,罪當處斬。 ”有功駁奏曰:“俊臣乖明主再生之賜,虧聖人恩信之道。 為臣雖當嫉惡,然事君必將順其美。 ”行本竟以免死。 道州刺史李仁褒及弟榆次令長沙,又為唐奉一所構,高宗末私議吉凶,謀復李氏,將誅之。 有功又固爭之,不能得。 秋官侍郎周興奏有功曰:“臣聞兩漢故事,附下罔上者腰斬,麵欺者亦斬。 又《禮》云:析言破律者殺。 有功故出反囚,罪當不赦,請推按其罪。 ”則天雖不許係問,然竟坐免官。 久之,起為左台侍御史,則天特褒異之。 時遠近聞有功授職,皆欣然相賀。
Wenzong's cousin Wenshou was the son of the Sui interior secretary Qianwei. Skilled in music theory, he found Xiao Ji's treatise incomplete, studied wider sources, cut bamboo pipes for the twelve pitches, and demonstrated full cyclical modulation. When Taizong was creating court music, Wenshou was called to the Imperial Sacrifices office to work with Zu Xiaosun. The court had twelve ancient bells; only seven were used in recent times—the other five, called mute bells, could not be sounded. Wenshou tuned them with his pipes until all rang clear, to general admiration. He was soon made harmonizing officer. In year eleven he asked to reform court music; the emperor told his ministers, "Music follows the people—when people are at peace, music is in harmony. At the end of Sui Yangdi's reign the realm was in chaos; even if you changed the pitches, they would not harmonize. When the realm is tranquil and the people content, music harmonizes of itself without reform." His request was denied. In year fourteen, when auspicious clouds and a clear Yellow River appeared, he composed "Auspicious Clouds and Clear River," called Yan Music—the piece still opened the New Year court. He was then made rate master of the heir apparent and died in office. He wrote New Music Book in twelve scrolls. Xu Yougong, grandson of National University erudite Xu Wenyuan. He passed the Mingjing exam, served as judicial officer in Puzhou, and inherited the barony of Dongguan. He governed with leniency and never used the beating staff. Officials and people, trusting him, agreed among themselves that anyone who forced Xu to use the staff would be shamed by the community. They competed to obey the law, and when his term ended not a single person had been executed. He was then promoted to vice director of the Ministry of Punishments. Cruel officials such as Zhou Xing, Lai Junchen, Qiu Shenji, and Wang Hongyi framed the innocent to extreme punishments while the court fell silent. Yougong alone remained fair and lenient; cases sent to the Grand Court he argued to release, saving dozens of families. He often argued cases in court; Wu Zetian questioned him angrily while attendants trembled, but he did not flinch and argued all the harder. He soon became vice director and then director of the Autumn Office. Soon Ren Zhigu, Pei Xingben, and five others were framed for death; Wu Zetian told the court, "The ancients stopped killing by killing; I stop killing by grace. I ask you to spare Zhigu and the rest, give them office, and await their service." Lai Junchen and Zhang Zhimou protested for harsh law, but she refused. Junchen alone brought Xingben back, re-examined the case, and said Xingben had falsely reported the Prince of Luling's rebellion and deserved death. Yougong rebutted: "Junchen defies your gift of life and betrays imperial grace. A minister must hate evil, yet serve the ruler by following his good intent." Xingben was spared after all. Li Renbao, prefect of Dao, and his brother, magistrate of Yuci, were framed by Tang Fengyi for private divination plotting to restore the Li house. Yougong argued fiercely but could not save them. Zhou Xing memorialized against Yougong, citing Han precedents that subordinates who deceive superiors are cut in two. The Rites also say those who twist words to break the law are killed. Yougong released rebels and should not be forgiven; investigate him." She did not imprison him but removed him from office. After a time he was restored as left censor, which Wu Zetian specially praised. Near and far rejoiced at his appointment.
17
有功嚐上疏論天官、秋官及朝堂三司理匭使愆失,其略曰:“陛下即位已來,海內職員一定,而天下選人漸多。 掌選之曹用舍不平,補擬乖次,囑請公行,顏麵罔懼。 遂使囂謗滿路,怨讟盈朝,浸以為常,殊無愧憚。 又往屬唐朝季年,時多逆節,鞫訊結斷,刑獄至嚴。 革命以來,載祀遽積,餘風未殄,用法猶深。 今推鞫者猶行酷法,妄劾斷。 臣即按驗,奏而劾之,獲其枉狀,請即付法斷罪,亦奪祿貶考,以慚其德。 其三司受表及理匭申冤使,不速與奪,致令擁塞,有理不為申者,亦望準前彈奏,貶考奪祿。 臣昔處法司,緣蒙擢用,臣無以上答至造,願以執法酬恩。 無縱詭隨,不避強禦,猛噬鷙擊,是臣之分。 如蒙允納,請降敕施行,庶不越旬時,亦可以除殘革弊,刑措不用,天下幸甚。”
Yougong once memorialized on abuses in personnel, punishments, and the accusation offices, saying that since her accession offices were fixed but candidates multiplied. Selection offices were partial, appointments disorderly, patronage brazen, and faces shameless. Slander filled the roads and resentment the court, treated as normal without shame. In late Tang times rebellions multiplied and punishments were severe. Since the Zhou revolution old harsh ways lingered. Inquisitors still used cruel methods and false impeachments. He would investigate, impeach, punish, and strip rank from offenders. He asked the same for slow grievance offices and obstruction of just appeals. Having risen through the law offices, he wished to repay favor by strict but fair enforcement. He would not indulge guile or avoid the powerful—that was his duty. If approved, he asked an edict so that within ten days abuses might end and punishments fall unused—the realm's great fortune."
18
後潤州刺史竇孝諶妻龐氏為奴誣告,雲夜解祈福,則天令給事中薛季昶鞫之。 季昶鍛練成其罪,龐氏當坐斬。 有功獨明其無罪。 而季昶等返陷有功黨援惡逆,奏付法,法司結刑當棄市。 有功方視事,令史垂泣以告,有功曰:“豈吾獨死,而諸人長不死耶? ”乃徐起而歸。 則天覽奏,召有功詰之曰:“卿比斷獄,失出何多? ”對曰:“失出,臣下之小過; 好生,聖人之大德。 願陛下弘大德,則天下幸甚。 ”則天默然。 於是龐氏減死,流於嶺表,有功除名為庶人。 尋起為左司郎中,累遷司刑少卿。 有功謂所親曰:“今身為大理,人命所懸,必不能順旨詭辭以求苟免。 ”故前後為獄官,以諫奏枉誅者,三經斷死,而執誌不渝,酷吏由是少衰,時人比漢之於、張焉。 或曰:“若獄官皆然,刑措何遠。 ”久之,轉司仆少卿。 卒,年六十二,贈司刑卿。
Later Lady Pang, wife of Run prefect Dou Xiaochen, was accused by a slave of illicit night prayers; Wu Zetian sent Xue Jichang to investigate. Jichang tortured a confession; she was sentenced to death. Yougong alone proved her innocent. Jichang then framed Yougong as aiding traitors; the law office sentenced him to public execution. While at his desk, clerks wept to tell him; he said, "Am I the only man who dies while others live forever? Then he rose calmly and went home. Wu Zetian summoned him and said, "Your judgments release too many criminals. He replied, "Mistaken release is a small fault of ministers; cherishing life is the sage's great virtue. If Your Majesty expands great virtue, the realm will be fortunate." She was silent. Lady Pang's sentence was reduced to exile; Yougong was reduced to commoner status. Soon he was restored as director of the left department and rose to vice minister of punishments. He told his friends, "As Grand Justice I hold lives in my hands; I cannot twist words to save myself. As a prison official he three times faced death sentences for defending the wronged, yet did not bend; cruel officials somewhat faded; men compared him to Yu and Zhang of Han. Some said that if all judges were like him, punishments would fall unused. After a time he became vice minister of the imperial carriage office. He died at sixty-two and was posthumously made vice minister of punishments.
19
中宗即位,製曰:“忠正之臣,自昔攸尚; 褒贈之典,舊章所重。 故贈大理卿徐有功,節操貞勁,器懷亮直,徇古人之誌業,實一代之賢良,司彼刑書,深存敬慎。 周興、來俊臣等性惟殘酷,務在誅夷,不順其情,立加誣害。 有功卓然守法,雖死不移,無屈撓之心,有忠烈之議。 當其執斷,並遇平反,定國、釋之,何以加此。 朕惟新庶政,追想前跡,其人既歿,其德可稱。 追往贈終,慰茲泉壤。 可贈越州刺史,仍遣使就家吊祭,賜物百段,授一子官。 ”今上踐祚,竇孝諶之子希瑊等請以身之官爵讓有功子惀,以報舊恩。 惀由是自太子司議郎、恭陵令累遷申王府司馬,卒。 【論贊】史臣曰:文法,理具之大者,故舜命皋陶為士,昌言誡敕,勤亦至焉。 蓋人命所懸,一失其平,冤不可復,聖王所以疚心也。 如臨之守法,文瓘之議刑,時屬哲王,可以理奪。 當賊後遷鼎之際,酷吏羅織之辰,徐有功獨抗群邪,持平不撓,此所以為難也。 比釋之、定國,徐又過之。 希瑊讓爵酬恩,可知遺愛。
When Zhongzong succeeded, an edict said, "Loyal ministers have always been honored; Honoring the dead with praise and gifts was always esteemed in precedent. The late Grand Justice Xu Yougong was firm in integrity, bright and upright in character, devoted to the ancients' ideals, a true worthy of his age who handled the penal codes with deep reverent care. Zhou Xing, Lai Junchen, and their ilk were cruel by nature, bent on slaughter, and would fabricate charges without regard to truth. Yougong stood out in upholding the law, unshaken even before death, never yielding, and spoke with loyal fierceness. In his judgments he repeatedly secured reversals of wrongful convictions—what more could Ding Guo or Shi Zhi have added? As I renew the government, I recall his path: though he is gone, his virtue deserves praise. Let posthumous honors comfort him in the grave. Let him be posthumously made prefect of Yuezhou; send envoys to mourn at his home, grant a hundred gifts, and give office to one son. When the present emperor succeeded, Dou Xiaochen's son Xizhen and others asked to yield their own offices to Yougong's son Lun in repayment of old kindness. Lun rose from admonisher to the crown prince and magistrate of Gongling to major of the Prince of Shen's household, and died. [Discussion] The historian writes: Penal law is among the great instruments of governance; Shun appointed Gao Yao minister of crime and exhorted him with clear admonitions—such was the diligence required. Human lives hang in the balance; one lapse from fairness leaves injustice beyond repair—this is why sage rulers grieve. Men such as Lin, who upheld the law, and Wenjun, who weighed punishments, flourished under wise rulers who could be swayed by reason. In the age after rebellion and the move of the capital, when cruel officials wove false charges, Xu Yougong alone stood against the wicked and held the scales level—no small feat. Beside Shi Zhi and Ding Guo, Xu Yougong was greater still. Xizhen's yielding of rank to repay kindness shows how deeply he was loved.
20
讚曰:聽訟惟明,持法惟平。 二者或爽,人何以生? 猗歟徐公,獬豸之精。 世皆紛濁,不改吾清。
Praise runs: Hear lawsuits with clarity; hold the law with fairness. When either fails, how can the people live? Ah, Lord Xu—you were the spirit of the xiezhi, the beast of justice. Though the world was turbid, he did not change his clarity.