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卷一百三十九 列傳第二十七 錢唐 韓宜可 蕭岐 馮堅 茹太素 李仕魯 葉伯巨 鄭士利 周敬心 王朴 張衡

Volume 139 Biographies 27: Qian Tang, Han Yike, Xiao Qi, Feng Jian, Ru Taisu, Li Shilu, Ye Boju, Zheng Shili, Zhou Jingxin, Wang Pu, Zhang Heng

Chapter 139 of 明史 · History of Ming
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Chapter 139
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1
Qian Tang (Cheng Xu)〉 Han Yike (Zhou Guanzheng and Ouyang Shao)〉 Xiao Qi (Men Kexin)〉 Feng Jian; Ru Taisu (Zeng Bingzheng)〉 Li Shilu (Chen Wenhui)〉 Ye Boju; Zheng Shili (Fang Zheng)〉 Zhou Jingxin; Wang Pu
2
使 使
Qian Tang, courtesy name Weiming, was a native of Xiangshan. He was broadly learned and earnest in conduct. In Hongwu 1 (1368), he was recommended on the classics examination. His policy responses pleased the emperor, and he was specially appointed Minister of Justice. In the second year an edict on the spring and autumn sacrifices at Confucian temples ruled that they were to be held only at Qufu and need not be observed empire-wide. Tang prostrated himself at the palace gate and submitted a memorial saying, "Confucius handed down teaching for ten thousand generations, and the empire jointly honors his teaching; therefore the empire may jointly sacrifice to Confucius, and the ritual of repaying the root must not be abolished." Vice Minister Cheng Xu also submitted a memorial saying, "In sacrificial canons ancient and modern, only the altars of soil and grain, the Three Sovereigns, and Confucius receive sacrifices throughout the realm. The people of the empire, without the altars of soil and grain and the Three Sovereigns, have no means to live; without the Way of Confucius, have no means to stand upright. Yao, Shun, Yu, Tang, King Wen, King Wu, and the Duke of Zhou were all sages. Yet it was through Confucius's power that the Way of the Three Bonds and Five Constants was brought forth, recorded in the classics, made the model for a hundred kings and the teacher for ten thousand generations, and the human pole kept from falling though the age grew ever lower. Confucius established teaching through the Way; the empire sacrifices to him—not to the man, but to his teaching, to his Way. Now to make the people of the empire read his books, follow his teaching, and practice his Way, yet not allow them to perform his sacrifice—this is not how to sustain people's hearts and uphold the teaching of the age." Both memorials went unheeded. After a long time, the court adopted their advice. The emperor once read the Mencius and, coming to the passages on treating tyrants like "grass and stubble" or "foe and enemy," said, "These are not words a subject should speak," and deliberated removing Mencius from shared sacrifice. An edict stated, "Whoever remonstrates shall be judged for great irreverence." Tang submitted a defiant memorial remonstrating, "Your servant would die for Mencius and still have glory to spare." At the time every court official feared for Tang's life. The emperor perceived his sincerity and did not punish him. Mencius's place in shared sacrifice was also soon restored. Yet in the end he ordered Confucian officials to compile the Excerpts from the Mencius.
3
Tang was forceful and upright by nature. Once the emperor ordered lectures on the Documents of Yu; Tang lectured while standing on the palace steps. Some impeached Tang as a rustic ignorant of the rites between ruler and subject; Tang said sternly, "To set forth before Your Majesty the Way of the ancient sage emperors—not to kneel is not arrogance." He also once remonstrated that it was improper to display in the palace a portrait of Empress Wu. Having offended the emperor, he awaited punishment outside the Meridian Gate for a whole day. The emperor relented, gave him food, and at once ordered the portrait removed. Before long he was demoted to Shouzhou, where he died.
4
Cheng Xu, courtesy name Zhongneng, was a native of Yin. He was the son of the Yuan-dynasty Confucian master Duan Xue. During the Zhizheng era he became renowned for his mastery of the Spring and Autumn Annals. He served as Minister of War and then retired from office. When Ming troops entered the Yuan capital, his wife Jin, holding their two-year-old son and daughter Qiong, threw themselves into a well and died. In Hongwu 2 (1369), together with Wei Su and others, he came from Beiping to the capital. He was appointed Vice Minister of Justice, promoted to Minister, and died in office. Xu was diligent, penetrating, and quick-witted; skilled in poetry and prose, he left a collected works that circulated after his death.
5
Han Yike, courtesy name Boshi, was a native of Shanyin in Zhejiang. During the Yuan Zhizheng era the Branch Censorate recruited him as a clerk; he declined. Early in Hongwu, on recommendation he was appointed instructor at Shanyin and then transferred to recorder of the Chu princedom. Soon he was promoted to investigating censor and impeached without shunning the powerful. At the time Chancellor Hu Weiyong, Censor-in-Chief Chen Ning, and Vice Censor-in-Chief Tu Jie enjoyed the emperor's favor; once, as they attended seated, they conversed at ease. Yike stepped forward, drew an impeachment memorial from his robe, and charged the three with being treacherous yet seeming loyal, wicked yet seeming upright, relying on merit and clinging to favor, harboring rebellion within, raised to the censorate and arrogating authority, begging that their heads be cut off to answer the empire. The emperor said angrily, "Sharp-tongued censor—dare you slander and entrap great ministers!" He ordered him cast into the Brocade-Clad Guard prison, but soon released him.
6
西 殿 西使
In the ninth year he was posted as Assistant Administration Commissioner of the Shaanxi Surveillance Commission. At the time officials and clerks guilty of offenses punishable by beating or more were all banished to labor at Fengyang, reaching tens of thousands. Yike submitted a memorial contending, "Punishment is to restrain excess and wickedness and unify the people's standards; one should weigh the lightness or heaviness of the circumstances, the public or private nature of the matter, and the greatness or smallness of the crime. Now to order all banished to labor—this is the petty man's good fortune and the gentleman's peril. I beg that distinctions be made to harmonize popular sentiment." The emperor approved it. Later he entered the capital for audience. It happened that male and female persons from confiscated official households were bestowed on the various offices; Yike alone refused to accept any. Moreover he argued at length, "Not extending punishment to the criminal's family was the ancient regulation. To punish associates because of involvement in a case is an abuse of law. Moreover, male and female relations are the great bond of humanity; when marriage passes its season, even that harms social harmony. Punishing whole households by association—how can this befit a sage dynasty!" The emperor approved his words. Later, when he was implicated in a matter and faced punishment, the emperor personally tried him in the Hall of Cultivating the Person and he was spared. He again submitted a memorial setting forth more than twenty matters; all received approval. Before long he was dismissed and returned home. Later he was summoned again. He was ordered to compose texts for sacrifices at Zhongshan and the Great River; edicts instructing Japan and campaigning against Wuman—all pleased the emperor, and he was specially appointed Right Administration Commissioner of Shanxi. Soon, because of a matter, he was placed in Yunnan. When Emperor Hui acceded, on Compiler Chen Xingshan's recommendation he was raised as Administration Commissioner of Yunnan, entered the capital to receive appointment as Left Vice Censor-in-Chief, and died in office. That night a great star fell, and stable horses all startled and neighed; people said it portended Yike.
7
When the emperor established the Censorate, among the censors renowned for daring speech, apart from Yike, Zhou Guanzheng was named.
8
使 使 使 使 西使
Guanzheng was also from Shanyin. On recommendation he was appointed instructor at Jiujiang and then promoted to investigating censor. Once he supervised at the Gate of Revering Heaven. A eunuch was about to bring female musicians inside; Guanzheng stopped him. The eunuch said, "There is an order"; Guanzheng held firm and would not yield. The eunuch entered angrily; shortly he came out and reported, "Censor, rest yourself—the female musicians have already been dismissed and will not be used." Guanzheng again refused, saying, "I must receive the edict face to face." Before long the emperor came out of the palace in person and said to him, "Palace music had fallen into disuse; I merely wished the inner household to practice it. I have already repented; the censor's words are right." Those present were all startled and amazed. Guanzheng rose through offices to Surveillance Commissioner of Jiangxi.
9
殿
Before Guanzheng there was Ouyang Shao, courtesy name Zishao, a native of Yongxin. On recommendation he was appointed investigating censor. There was an edict that each day two censors were to attend in attendance. Shao once attended on duty when the emperor, in anger, was about to execute someone. The other censors dared not speak; Shao hurried forward and knelt below the palace hall. Unable to find words in his haste, he clasped his hands to his forehead and cried, "Your Majesty, you must not!" The emperor perceived Shao's plain sincerity and yielded. Before long he retired and died at home.
10
便 西 使
Xiao Qi, courtesy name Shangren, was a native of Taihe. Orphaned at five, he served his grandparents and became known for filial devotion. The authorities repeatedly recommended him, but he declined to serve. In Hongwu 17 (1384) an edict summoned the worthy; he was forcibly raised to office. He submitted a memorial on ten reforms; its gist was that the emperor's punishments were excessive and the culture of accusation ran rampant. He asked that sealed denunciations be forbidden to stop false charges; and that cases be judged according to law to give credence to edicts. In all it ran to more than ten thousand words. Summoned for audience, he was appointed Chief Administrator of the Tan princedom. He strenuously declined, offended the emperor, and was demoted to Instructor at Chuxiong in Yunnan. Qi set out that very day; mounted messengers were sent to bring him back. After more than a year he was reassigned to Pingliang in Shaanxi. Two years later he retired. He was again summoned, and with Qian Zai and others examined and fixed the transmitted text of the 《Documents》. He was granted silk and paper money and given post-horses for his return. He once compiled the Essentials of the Five Classics; and also took the Eight-Rhyme Rhapsody on the Penal Code, citing statutes and ordinances to explain it, and combined them into one collection. He once said, "The principle of the empire is fundamentally one: what issues from the Way must enter into punishment. I join the two books so that readers may gain insight." Scholars called him Master Zhenggu.
11
At that time Taizu governed with stern severity; within and without the court all stood in awe, and keeping the law and remedying faults left no surplus of effort. Yet Qi's memorial was excessively blunt and direct, and the emperor was not offended. Afterward, among those raised and promoted for their words was Men Kexin.
12
滿 使
Kexin was a native of Gongchang. He was an instructor at Taizhou. In the twenty-sixth year, when his term was complete, he came to court. He was summoned and questioned on the classics, histories, and the gains and losses of government. Kexin spoke frankly without concealment. He was appointed Instructor to the Heir Apparent. At the time Wang Junhua of Shaoxing, skilled in literary composition, was also given this post. The emperor instructed the Ministry of Personnel, "Kexin on the left, Junhua on the right—I value straight speech." Earlier, when instructors brought their credentials to the capital, the emperor inquired into the people's hardships. Wu Congquan of Kelan and Zhang Huan of Shanyin both said, "Your servant's duty is to instruct scholars; civil affairs are not our concern." The emperor said angrily, "In Song, Hu Yuan as professor at Suzhou and Huzhou taught both classical meaning and practical administration; in Han, Jia Yi and Dong Zhongshu both rose from the fields and set forth the affairs of the age; in Tang, Ma Zhou, though he could not see Taizong in person, still taught military officials to speak on affairs of state. Now that you are gathered in court and I personally inquire, you all have nothing to answer—is this how those who record the Way of sages and worthies behave!" He ordered them banished to the frontier. Moreover he posted notices to schools throughout the realm to take this as a warning. By this time Kexin was esteemed for his bright integrity. Within a few years he was promoted to Minister of Rites. Soon he pleaded illness; the emperor ordered the imperial physicians to supply medicine and did not cut off his salary. When he died, he ordered the relevant offices to escort the coffin home for burial.
13
使 使 調使 調
Feng Jian—of unknown origin—served as clerk of Nanfeng. In Hongwu 24 (1391) he submitted a memorial on nine matters: "First, nurturing the sage person. I ask that Your Majesty clear the mind and reduce affairs, not engaging in petty matters, for the blessing of the people's altars. Second, selecting the mature and steady. The princes are in their vigorous prime and need guidance at their sides. I wish that mature and steady ministers be chosen and sent out as princely officials, enabling them to speak straight and show a stern countenance, so as to seek correction and rescue. Third, securing the vital frontier regions. I ask that agriculture be stressed and arms practiced, with garrison farming on the border marches to guard against the unforeseen. Fourth, encouraging the responsible officials. I ask that upright and principled men be obtained and entrusted with regional command. Commend and distinguish subordinate clerks, report the facts, and promote or demote accordingly. This will make men bold in governing themselves. Fifth, honoring the sacrificial canon. I ask that the relevant offices be ordered to gather loyal and heroic ministers of successive ages, add posthumous titles and enfeoffments, so that the degenerate age may have something to stir and encourage it. Sixth, reducing palace eunuchs. Morning and evening they are close at hand; their words easily enter, and calamity is nurtured without one's knowing it. I ask that redundant posts be cut away, which can stop the abuse of usurpation in days to come. Seventh, rotating border generals. Entrusted with military authority and long on the border marches, they often grow indulgent and lax. I ask that they be transferred at intervals and rotated yearly, not allowed to remain long in one post. This would not only preserve meritorious ministers but truly guard against arrogant generals and lazy soldiers, and against the inner court growing weak while the frontier grows strong. Eighth, inquiring into officials' governance. Men of integrity and capacity may be envied by superiors and resented by colleagues. If the throne does not investigate, this is not the way to stir and encourage merit. I ask that ears and eyes be broadly deployed, integrity and greed investigated, and promotion and demotion made clear. Ninth, increasing checkpoints and controls. The various offices entrust notes to clerks, who supervise their jurisdictions and at once add beating with the cudgel, harm reaching the people. I ask that verification tallies be added and given to the offices, allowing them to fill in assignments; when matters end they are returned and reported—then the offices will not lightly issue orders to harm the people, yet routine affairs will not fall into neglect." When the memorial was submitted, the emperor praised it, saying he understood the affairs of the age and grasped changes in circumstances. He also said to attending ministers, "Of Jian's words, only the proposal to rotate border generals is not yet so. If border generals are frequently changed, military strength grows uneven. Enemy movements, mountain passes and strategic terrain—none can be fully known. If one could obtain men like Zhao Chongguo or Ban Chao, why take frequent rotation!" He then ordered the Ministry of Personnel to promote Jian to Left Vice Censor-in-Chief; in the Censorate he largely upheld broad principle. The next year he died in office.
14
使 使 便
Ru Taisu was a native of Zezhou. In Hongwu 3 (1370) he passed the provincial examination; his submitted memorial pleased the emperor, and he was appointed investigating censor. In the sixth year he was promoted to Surveillance Commissioner of Sichuan and was known for fairness. In the fifth month of the seventh year he was summoned as Vice Minister of Justice and submitted a memorial: "From the Secretariat of State down through all inner and outer offices, let censors and surveillance commissioners investigate and report. Yet the Censorate has no fixed evaluation; the resident censors should be ordered to inspect and verify as one body. The clerks of the Scrutiny Office are few in number and can hardly audit the realm's money and grain; I ask that several posts be added, each divided into sections. In outer provinces and guards, whenever military and civil affairs are jointly discussed, the parties do not agree, causing delay. I ask that one member of the Surveillance Commission be used to correct this." The emperor approved all of it. The next year, implicated in a case, he was demoted to Registrar of the Ministry of Justice. He set forth affairs of the age in tens of thousands of words; Taizu ordered Secretariat Attendant Wang Min to read it aloud while he listened. In the middle he said, "Men of talent—in recent years scarcely one or two in a hundred have survived; those now appointed are mostly pedantic Confucians and vulgar clerks." His words mostly gave offense. The emperor was angry, summoned Taisu to face questioning, and had him beaten at court. The next evening, again in the palace he had someone read it and found four matters that could be carried out. He said with emotion, "To be ruler is hard; to be minister is not easy. That is why I seek straight speech—I want it to cut close to real circumstances. Too many literary words, and it reaches the point of confusing the listener. What Taisu had to say could be said completely in five hundred-odd words." He then ordered the Secretariat to establish a format for memorial responses, so that those reporting what worked and what failed would not pad their submissions with ornate language. He picked out the feasible proposals from Taisu's memorial and sent them to the relevant offices; the emperor wrote a preface himself and issued the document throughout the court and the realm.
15
In the tenth year, he and his colleague Zeng Bingzheng were both sent out as provincial administrators in turn, while Taisu was posted to Zhejiang. Before long he was granted leave to go home and care for his parents. In the sixteenth year he was recalled to serve as a probationary bureau director in the Ministry of Justice. After a month he was transferred to vice censor-in-chief of the Censorate. He was demoted again, this time to compiler in the Hanlin Academy. In the ninth month of the eighteenth year he was promoted to minister of revenue.
16
便殿
Taisu was upright and unyielding, repeatedly on the verge of punishment, yet the emperor often spared him. One day, at a banquet in the informal hall, the emperor gave him wine and said, "We may share the golden cup, but the naked blade shows no mercy." Taisu kowtowed and immediately answered in matching verse: "With loyal devotion I seek to serve the state, not shrinking from Your Majesty's troubled heart." The emperor was deeply moved. Before long he was demoted to censor. He was convicted again of framing Zhan Hui, and he and twelve colleagues all had to conduct their duties in leg irons. In the end he was put to death under the law.
17
西 使
Zeng Bingzheng was from Nanchang. At the start of the Hongwu reign he was recommended and appointed instructor at Haizhou. In the ninth year, after a celestial anomaly, an edict called on the ministers to speak their minds. Bingzheng submitted a memorial several thousand words long, which in essence said, "The sage rulers of old did not rejoice when Heaven sent no omens of disaster; they lived in reverent fear of Heaven's rebuke. Your Majesty is sage in learning and mighty in arms, and you have unified the realm; Heaven's gift to you could hardly be greater. For more than twenty years war raged; only now has the realm found rest. Heaven has long desired peace for the realm; and the people long for good government with equal urgency. The policies needed to build a dynasty and those needed to preserve one are, in general, not the same. At the founding stage, one pursues policies to enrich the state and strengthen the army and appoints men who drive hard at tasks and deliver results. Once the dynasty is firmly established, the state's position is secure. Then everything under Heaven, whether produced by land and water or completed by human labor, belongs to the state's stores; from nursing infants to white-haired elders—all are people the state is bound to nurture and protect. There is no need to fear poverty or depopulation; the hard part is preserving what has been achieved for the long term. At such a moment the court should thoroughly revise past practices, asking what will answer Heaven's intent and satisfy the people's hopes; the principle of moral resonance works quickly." He also argued that since Heaven had already sent a warning, the omen was not meaningless. He expounded at length on the meaning of the 《Great Changes》 and the 《Spring and Autumn Annals》. The emperor commended him and summoned him to serve as supervisor of the Siwen Directorate. Before long he was transferred to registrar in the Ministry of Justice. In the tenth year he was promoted to administrative commissioner of Shaanxi. When the Office of Transmission was first created, Bingzheng was immediately appointed its commissioner. While in office he repeatedly remonstrated, and the emperor was fairly indulgent toward him. Before long he was dismissed for going against the emperor's wishes. Too poor to make the journey home, he sold his four-year-old daughter. When the emperor heard of this he was furious and had him castrated; what became of him afterward is unknown.
18
Li Shilu, styled Zongkong, was a native of Pu. As a youth he was bright and diligent in study; for three years he never once stepped outside his door. Learning that Zhu Gongqian of Poyang had inherited the teaching of the Song master Zhu Xi, he went to study with him and mastered his doctrine in full. Taizu had long known Shilu by reputation. During Hongwu an edict called for scholars versed in the Zhu school, and the local authorities recommended Shilu. When he was received in audience, Taizu said with delight, "I have been looking for you for a long time—why have we met so late!" He was appointed vice prefect of Huangzhou. He said, "For now I shall test you in civil administration; I shall summon you before long." After a year his record of governance became widely known. In the fourteenth year he was appointed chief judge of the Court of Judicial Review.
19
祿
After taking the throne, the emperor became quite devoted to Buddhism. Edicts summoned eminent monks from the southeast, and Buddhist assemblies were repeatedly held on Mount Zhong. Those whose answers pleased him were immediately given golden brocade kasaya robes, summoned into the inner palace, seated beside him, and invited to discourse with him. Men such as Wu Yin and Hua Keqin were all promoted to high office and from time to time used as the emperor's eyes and ears. As a result their followers grew brazen, slandering senior ministers. No one in court dared speak out; only Shilu and supervising secretary Chen Wenhui protested in succession. Wenhui memorialized, saying, "Since antiquity there has never been a case in which court officials and Buddhist clergy mixed together in the same offices and managed to assist one another. Today meritorious elders and venerable statesmen all wish to resign their stipends and leave office, while scheming monks only spread slander more freely. Consider how Liu Ji came under suspicion, Xu Da was distrusted, and Li Shanchang and Zhou Dexing were slandered—compared with Xiao He and Han Xin, how much difference is there in the danger and distrust they faced? I humbly beg Your Majesty, in choosing the men closest to you, to appoint only those outstanding in virtue, conduct, and learning—then peace can be achieved at once." The emperor refused to listen. The monks who enjoyed imperial favor then asked that official posts be created for the Buddhist clergy. Accordingly the previously established Shishi Bureau was converted into the Monastic Registry. Posts such as left and right shishi, left and right expositors of doctrine, and left and right lecturers on scripture and awakeners to meaning were created, all with elevated rank. The same was done for Daoism. The number of ordained Buddhist monks and nuns and Daoist priests rose to more than tens of thousands. Shilu memorialized, saying, "Your Majesty is still in the founding stage of the dynasty; every intention you set becomes a model for countless generations—how can you abandon sage learning and elevate heterodox teachings!" He submitted memorial after memorial, but the emperor still would not listen.
20
Shilu was by nature stern and uncompromising. Having risen through Confucian learning, he was then seeking to promote the Zhu school and took it upon himself to oppose Buddhism. When his advice went unheeded, he suddenly addressed the emperor directly, saying, "Your Majesty is deeply immersed in that faith—no wonder my words fail to reach you! I return Your Majesty's tablet and beg permission to retire to my home." With that he set his court tablet on the ground. The emperor was furious and ordered guards to seize and beat him; he died instantly at the foot of the steps.
21
Chen Wenhui, styled Gengguang, was a native of Zhao'an. Recommended for office, he was appointed supervising secretary in the Office of Rites and eventually rose to vice chief judge of the Court of Judicial Review. He repeatedly spoke on policy, always with blunt candor. In the end he offended the emperor; fearing punishment, he drowned himself beneath the Jinshui Bridge.
22
Several years after Shilu and Wenhui died, the emperor gradually realized that the monks' conduct was largely unlawful, and an edict was issued to purge Buddhism and Daoism—or so it is said.
23
Ye Boju, styled Jusheng, was a native of Ninghai. He was well versed in the classics. As a student of the National University he was appointed instructor at Pingyao. In the ninth year of Hongwu a stellar anomaly occurred, and an edict called for blunt counsel. Boju submitted a memorial, which in summary said:
24
I observe three excesses in present policy: enfeoffment is too lavish, punishments are too frequent, and the pursuit of order is too hurried.
25
使 西
Under the ancient system, even a great fief did not exceed one-third of the realm; each rank had its fixed allotment. That was how the center was strengthened and the periphery weakened, disorder was checked at its source, and governance was rooted in fundamentals. Today lands are divided and enfeoffed so that each prince holds his own territory—presumably to avoid the Song and Yuan mistake, when the imperial clan stood isolated and powerless. Yet the princedoms of Qin, Jin, Yan, Qi, Liang, Chu, Wu, and Shu each controlled dozens of linked districts. Their walled cities and palaces were second only to the imperial capital, and they were granted large forces of armored troops and guards. I fear that after several generations, when the branches have grown too heavy to control and the court tries to cut back their lands and strip their power, resentment will inevitably follow. At worst they will seize their chance to rebel, and it will be too late to prevent disaster. Some argue: 'The princes are all the emperor's own kin; though their domains are broad and their privileges lavish, how could they ever challenge the throne?' I respectfully disagree. Why not look at what happened under the Han and Jin dynasties? Emperor Xiaojing was the grandson of Emperor Gaozu; yet the kings of the Seven States were all Emperor Jing's paternal cousins, brothers, and their descendants. As soon as their lands were reduced, they immediately raised armies and marched west. The Jin princes were all Emperor Wu's own sons and descendants; after the dynasty changed hands they fought one another in succession, bringing on the disaster of the Liu and Shi. From this it follows that when enfeoffment exceeds proper bounds, disaster follows at once. The lesson of history applied to the present could hardly be clearer. This is why I consider enfeoffment one of the present excesses.
26
使
Long ago Jia Yi urged Emperor Wen of Han to divide the princely domains completely, leaving vacant lands to be granted later to the princes' sons and descendants. Had Emperor Wen followed Jia Yi's counsel in time, the calamity of the Seven States would never have occurred. I urge that before the princes depart for their domains, the scale of their capitals be restrained, their guards reduced, and their territories bounded—and that lands likewise be kept in reserve for the future enfeoffment of the princes' sons and descendants. Once this system is established, talented and worthy princes may enter court as chief ministers, while the rest serve generation after generation as bulwarks of the realm, sharing the state's fortune and fate. To forgo momentary indulgence and secure lasting benefit, to dispel heavenly portents and stabilize the altars of state—nothing should take precedence over this.
27
使 使 使
I further observe that among the founding sovereigns of successive dynasties, none who relied on virtue failed to win the people's hearts, and none who relied on punishments failed to lose them. Whether a dynasty endures long or perishes soon depends entirely on this. In antiquity, when the death penalty was carried out, the Son of Heaven withdrew music and reduced his meals—for Heaven gave birth to the people and appointed rulers to shepherd them, truly intending that all should live, not that they should die. Only when, unhappily, someone failed to heed instruction and fell into wrongdoing was punishment imposed—there was no other choice. Some argue: In the middle period of the Song and Yuan dynasties, rulers indulged wrongdoing without restraint, rewards and punishments were arbitrary, and the dynasties perished. Your Majesty, pained by these abuses, has therefore instituted punishments without pardon and wielded laws with discretionary severity, so that people live in fear yet cannot discern where punishment will strike. I respectfully disagree. A founding sovereign sets a precedent for a hundred generations; in every act and every restraint, he must give his descendants a standard to uphold. Punishment holds the people's lives in its hands—how can one not be cautious! Blows with the light stick, blows with the heavy rod, penal servitude, exile, and death—these are the five punishments of today. If these five punishments are applied without leniency, they need only proceed from utmost fairness and rectitude. Yet in practice many punishments are decided by Your Majesty's personal judgment, so that judicial officials strive above all to discern the imperial intent. Officials who impose harsh sentences win credit; those who overturn wrongful verdicts invite punishment. Under such conditions, how can fair adjudication ever be achieved! Recently, by special edict, those guilty of miscellaneous capital offenses have had death commuted to military exile. The old statutes have also been revised, with varying degrees of clemency introduced. Yet I have heard no admonition instructing judicial officials to adhere to fairness and clemency. As a result, the judicial offices still follow the old precedents. Though the name of clemency is heard, the reality of clemency is not seen. The reality of clemency, I submit, depends on Your Majesty, not on your ministers. Only when Your Majesty holds firmly to the principle that doubtful cases should be judged leniently will the virtue of cherishing life truly reach the people's hearts—and this cannot be achieved by superficial measures.
28
使
How may this be demonstrated? Scholars of old took entering office as an honor and dismissal from office as a disgrace. Scholars of today count it a blessing to pass unnoticed, consider it fortunate to escape office with a blemished record, regard agricultural colonization and corvée labor as punishments sure to befall them, and treat flogging as an ordinary humiliation. At the outset, the court gathered scholars from across the realm, casting its net wide and leaving none behind. Local officials pressed them onto the road as urgently as if pursuing felons. By the time they reached the capital, appointments were largely made on the basis of appearance. What they had studied was often not what they were assigned to do, and what they were assigned to do was often not what they had studied. Once in office, a single misstep—even if one escaped execution—would invariably mean assignment to agricultural colonization or corvée labor. This has become the norm, with little regard for mercy—is this truly what Your Majesty intends? The intent, to be sure, is that people should live in fear and not dare to offend. I observe that in recent years executions have been numerous, yet offenders continue in unbroken succession. This is because incentives are unclear and good and evil are not distinguished. Since the practice of recommending the worthy and capable has been abandoned, people no longer strive to improve themselves, and those who would do good grow slack. Suppose there were someone as incorruptible as Boyi and Shuqi, as wise as Zhang Liang and Chen Ping, who committed a minor breach of the law. Would Your Majesty record his strengths, overlook his weaknesses, and employ him? Or would Your Majesty discard his strengths, fix upon his shortcomings, and punish him according to the law? If strengths are valued and weaknesses overlooked, men of ordinary talent will strive of their own accord toward integrity and wisdom. But if shortcomings are seized upon and strengths discarded, those who would do good will say: 'So-and-so was this incorruptible, so-and-so was this wise—yet the court showed no leniency. Where can people like us find a place to stand!' The result is that men live from day to day without plan, abandon their sense of honor, and resort to extortion to prepare against the threat of colonization and corvée labor—such cases are the rule. Is this not the very trouble caused by excessive punishments?
29
The Han once relocated great clans to serve imperial tombs, but I have never heard of populating such places with criminals. Today at Fengyang, where the imperial tombs stand—the very birthplace of the dynasty—criminals are sent to dwell in great numbers, and sounds of lamentation fill the region. This can scarcely accord with reverence for the imperial ancestors. When a powerful enemy stands before one, it is fitting to rouse the troops, attack with full force, and capture the foe. Today the bandits have fled into the mountains; by careful strategy they may yet be taken. Yet if heavy forces are deployed, the bandits will only scatter in alarm into terrain where no trail can be followed. After years of pursuit without success, blame is shifted to ordinary people of newly registered households, who are then forcibly relocated. Disturbance spreads across thousands of li; families cannot live in peace, and even fowl and dogs know no rest. Moreover, among the newly registered populace, those who had previously been displaced were permitted by the court to resume their livelihoods. Now that they have been registered, they are relocated again—thus the law loses the people's trust. Only when the population grows are fields opened and tax revenues increased. Today prefects and magistrates are charged with increasing the population each year—for precisely this reason. Recently, households that had already paid their grain taxes, though released by imperial order to return home, still live in fear. Those whose names have been entered on the registers, though shown mercy, are still detained at Kaifeng awaiting further orders. False rumors spread alarm, and no one knows their source. Moreover, the prefectures around Taiyuan lie on the frontier; with popular sentiment in such a state, this is scarcely a policy for securing the border. I pray that henceforth the court will uphold the larger principles of governance and pardon minor faults. Issue a clear edict throughout the realm, restore the practice of the Eight Deliberations, and strictly forbid officials who impose harsh punishments. Officials who adjudicate fairly should be promoted; those who are cruel or extortionate should be dismissed. As for the Fengyang colonization system, those presently settled in the colonies should be permitted to farm and begin paying taxes. Those whose names have been entered on the registers and who are detained at Kaifeng should all be released to resume their livelihoods. In this way Your Majesty would elevate the virtue of cherishing life and secure the blessing of a long-lasting dynasty. Then the myriad people would find peace of their own accord, and heavenly portents would subside.
30
In antiquity, from King Wen and King Wu of Zhou down to Kings Cheng and Kang, instruction and transformation flourished; and from Emperor Gaozu of Han down to Emperors Wen and Jing, only then did the realm become truly prosperous. For the order and disorder of the realm, the shifting of cosmic influence, and the direction of popular sentiment are not achieved in a day. Nine years have now passed since the founding of the dynasty; arms have been stilled, the people have rested, and the realm is largely at peace. Fundamental institutions have been rectified and laws made clear—the realm may already be called well governed. Yet Your Majesty urgently concerns himself that popular custom has grown dissolute, that people no longer know fear, that laws breed wickedness as soon as they are issued, and that deceit springs up as soon as orders are given. Thus some are trusted in the morning yet suspected by evening; some promoted yesterday are executed today. Orders are issued and soon reversed; pardons are granted and then withdrawn. Throughout the realm, officials and common people alike no longer know how to conduct themselves. I humbly submit that the realm's movement toward order is like the melting of hard ice. Ice does not melt all at once, even under the full force of the sun. Yang energy must arise, the earth's veins must stir slightly—only then does melting begin. The governance of a sage over the realm is the same. Punishment to inspire awe, rites to guide conduct, gradually imbuing the people with benevolence and refining them with righteousness—only then does transformation flourish. Confucius said: "If there were one who would become king, it would take a generation before benevolence prevailed." This is no empty saying.
31
使 使 使 簿 使 使
In the pursuit of good governance, nothing comes before rectifying popular custom; and in rectifying popular custom, nothing comes before prefects and magistrates knowing their proper duties; to ensure that prefects and magistrates know their duties, nothing comes before censorial officials knowing what to emphasize; and to ensure that censorial officials know what to emphasize, nothing comes before the court knowing what to esteem. Prefects and magistrates of old led by example and guided the people toward goodness, so that instruction transformed society and custom became refined. Tax collection, scheduled reports, lawsuits, and ledger keeping were truly secondary matters. Today's prefects and magistrates treat household registers, grain taxes, and criminal cases as their urgent priorities; yet agriculture, sericulture, and schools—the foundations of royal governance—are treated as empty formalities and set aside. How then are the people to be educated and nurtured? Take agriculture and sericulture: at the start of spring the prefecture and district issue a white notice, the li-jia head submits a written report—and that is all. Prefects and magistrates never personally inspect planting schedules or preparations against drought and flood. Take schools: the stipended students are the state's means of cultivating talent. Today schools throughout the realm have many vacant places. Even when fully staffed, prefects and magistrates rarely cultivate students through genuine instruction in courtesy and deference. The court urgently concerns itself with community schools, repeatedly ordering inspections of teachers' and students' names and their course of study. Yet today in market towns and cities, some schools exist only as name plaques on doorways; in remote villages the name alone survives. Prefects and magistrates do no more than prepare documents and checklists for inspection. Superior officials on circuit inspection likewise follow old custom, relying on paper checklists, and never tour the schools to inspect them in person. The substance of what was established or allowed to lapse is treated throughout the bureaucracy as mere empty form. The common people no longer know what filial piety, brotherly duty, loyalty, and good faith mean—and propriety, righteousness, integrity, and a sense of shame have been utterly cast aside. The censorial apparatus exists to represent the court in spreading moral instruction and investigating right and wrong. Adjudicating lawsuits and passing judgment on cases is only one of its duties. Today they treat criminal cases as the only priority. Loyal ministers, filial sons, righteous husbands, and chaste wives are dismissed as minor matters, with no time to commend them—where, then, is this "moral instruction" they speak of? Officials begin by thinking that removing a corrupt magistrate or clearing a court case counts as governing well, never grasping that the greater task is to guide the people toward custom, turning them toward virtue and away from crime. This is the error of prefects, magistrates, and censorial officials who fail to distinguish the weighty from the trivial.
32
使
In the 《Royal Regulations》, village scholars of distinction promoted to the Minister of Education were called "selected scholars." Those the Minister judged outstanding and sent upward to the Imperial Academy were called "eminent scholars." The Grand Music Master, evaluating the finest cultivated scholars, advanced them to the Minister of War as "presented scholars." The Minister of War weighed each man's fitness for office, and only after judgment was complete were men appointed. Only after they had served in office were they ennobled. The scrutiny was this thorough—which is why the Zhou at its height drew so many able men. The present system—students examined by the Ministry of Rites, promoted to the Imperial Academy, rotated through various posts, and entrusted with responsibility—could cleanse the abuses of centuries of recruitment and restore the Zhou model. Yet those admitted to the Imperial Academy are sometimes selected for office within a few months—and sometimes entrusted straightaway with a magistracy. I fear these men do not yet understand affairs of the day, are unfamiliar with court ritual and law, and cannot spread moral instruction—serving the state's policies ill above while burdening the people below. Since the founding, no small number of xiucai have been selected and given weighty posts—yet counting those who remain today, how many are there? I fear posterity will look upon our day as we now look upon earlier times. Those men elevated in years past—is their loss not cause for deep sorrow? All of this, I submit, stems from the error of pursuing order too hastily.
33
宿 使祿祿 調
The Song once held the realm for some three hundred years. At its beginning the dynasty taught its people ritual and righteousness. At its height, lanes and alleys everywhere breathed sincerity and good faith, and men were ashamed to speak of another's failings. By its end loyal ministers and righteous men went to their deaths as though returning home, and women and girls chose death before dishonor. All this was the fruit of moral instruction. The Yuan's foundation was never secure: it transgressed the bounds of ritual and righteousness and tore down the bulwarks of integrity and shame. Within a few decades, countless men surrendered their cities and submitted to the enemy—even venerable Confucian scholars and senior ministers accepted humiliation without protest. Such are the consequences when ritual, righteousness, integrity, and shame no longer stir the heart. Those surviving customs endure to this day unchanged—a thing deeply troubling. I submit that nothing would serve better than to champion benevolence and righteousness and hold integrity and shame in high regard. Prefects and magistrates should be held responsible for giving agriculture, sericulture, and schools first priority; censorial officials should be charged to put moral instruction first, review the laws carefully, and treat equitable judgment and lenient punishments as urgent. Thus would benevolent influence flow downward, and the path toward order might nearly be found. Students from the provinces promoted to the Imperial Academy should be required to remain and study for three or five years, mastering one classic and one practical skill before they become eligible for selection. They should serve as guards or handle administrative duties so that the abilities of senior officials can be observed—and only thereafter be entrusted with governance. Then learning and competence would flourish together, and misrule might be avoided. It would also teach them that rank and emolument are gifts of Heaven, and so check the covetous heart. Once governance is rightly established, Your Majesty may sit in dignified ease and wait through the years—then yin and yang will balance, winds and rains arrive in season, and every blessing and omen will follow in turn. What celestial portent would then fail to pass away?
34
When the memorial was submitted, the Emperor flew into a rage: "This stripling is sowing discord among my flesh and blood—seize him at once! I will shoot him with my own hand!" When he arrived, the chief councillor waited until the Emperor was in good humor and then reported the case; Boju was sent to the Ministry of Justice prison. He died in prison.
35
Earlier, before submitting his memorial, Boju told a friend: "Today only three things in the realm are to be feared. Two are easy to see, though the harm they bring is slow; one is hard to see, though the harm it brings is swift. Even without a clear edict I would still speak—how much more when counsel is sought?" His meaning was presumably enfeoffment. Yet at that time the princes had only received their fief titles and had not yet been granted separate territories—not entirely as Boju had described. By the late Hongwu reign the Prince of Yan repeatedly received orders to campaign beyond the frontier, and his power began to grow. Later, after his fiefs were stripped away, he took up arms and seized the realm—and people then regarded Boju as having foreseen it.
36
使
Zheng Shili, styled Haoyi, was a native of Ninghai. His elder brother Shiyuan was upright and talented; as a jinshi he rose to serve as Assistant Surveillance Commissioner of Huguang. Soldiers in Jing and Xiang took advantage of the disorder to seize women; officials dared not intervene. Shiyuan spoke directly to the commanders, and the seized women were returned. In Anlu there was a wrongful conviction; the Censorate had already submitted its verdict. Shiyuan memorialized the injustice, and the accused was cleared. During an audit of grain-and-revenue account books, the blank-seal affair came to light. All seal-holders were sentenced to death; assistants and deputies were flogged one hundred strokes and exiled to distant garrisons. Shiyuan was also implicated and imprisoned. The Emperor was then in a towering rage, believing he had been deceived; the chief councillor and censors dared not remonstrate. Shili sighed: "The Emperor does not understand—he treats blank seals as a grave crime. If only someone would speak to him—His Majesty is wise; how could he fail to understand?" Just then a stellar anomaly prompted a call for counsel. Shili said: "The time has come." But then he read the edict: "Whoever uses public speech for private ends will be punished." Shili said: "What I wish to say is that the Son of Heaven is killing the innocent. My brother was not the seal-holder; he should have been released in any case. I will wait until my brother has been flogged and released, and then I will speak—even if I die, I will not regret it."
37
使 使
After Shiyuan was released, Shili composed a memorial of several thousand characters on several matters, treating the blank-seal affair with especial detail. He wrote: "Your Majesty wishes to punish blank-seal offenders severely, fearing that corrupt officials might seize blank sealed paper to draft documents and oppress the people. Official documents require a complete seal before they can be used. The account books used in audits bear seals across both margins of the binding—they are not one seal to one sheet. Even if one obtained them, they could not be used—how much less could they be obtained at all? Revenue and grain figures must be consolidated by the prefecture with the province and by the province with the ministry; the totals can hardly be decided in advance—they are fixed only when they reach the ministry. From province and prefecture to the ministry is six or seven thousand li at farthest and three or four thousand at nearest; the register must be completed before seals are applied, and a round trip cannot be completed in less than a full year. For this reason seals were applied first and the text written afterward. This expedient has been in use for a long time—why should it be treated as a grave crime? Moreover, when the state establishes law, it must first make it clear to the realm before punishing violators—for only then is the violation knowing. From the founding of the state until now there has never been a law against blank seals. Officials passed the practice down through generations without knowing it was a crime. Now to execute them all at once—how can those put to death be left without a word in their own defense? The court seeks worthy men and fills numerous offices—finding them is very difficult. Reaching the rank of prefect takes decades of achievement. Clear-sighted, incorrupt officials are not like grass that can be cut down and grow again. How can Your Majesty, for a crime insufficient to warrant death, destroy men fully fit to serve? I grieve this for Your Majesty." When the memorial was finished, he shut himself in at his inn and wept for several days. His nephew asked: "Uncle, what troubles you?" Shili said: "I have a memorial I wish to submit; it will provoke the Son of Heaven's anger—I am sure to suffer for it. Yet if killing me saves several hundred lives, what have I to regret!" He then entered court and submitted the memorial. The Emperor read the memorial and flew into a rage; he handed the case to the chief councillor and censors for joint interrogation, demanding to find who had sent it. Shili laughed: "I care only whether my memorial served its purpose. I spoke for the state, knowing I must die—who would scheme on my behalf?" When the case was closed, both he and Shiyuan were sent to labor at Jiangpu, yet most of the blank-seal offenders ultimately could not escape punishment.
38
使
Fang Zheng, styled Kejiu, was a native of Putian. Recommended through the provincial examination, he was appointed Supervising Secretary. Once while attending the Emperor on an outing to the rear garden, they composed linked verses together. Taizu learned that his mother was still living, granted him silver, and sent him by post-horses to visit her. On his return he was transferred to investigating censor and sent out as prefect of Huaiqing. Zheng's resolve and integrity were formidable; when confronted with affairs he dared speak bluntly. While governing the prefecture, during a stellar anomaly that prompted calls for counsel, he submitted a memorial saying: "Censorial officials have as their duty to stir the turbid and elevate the clear. Now one hears nothing of honoring integrity and elevating talent; they devote themselves solely to fabricating charges and exacting heavy confiscation fines—this is a grave evil. When court rewards and punishments are clear and trusted, only then can encouragement and warning take effect. Last year officials of the various provinces suffered heavy punishment for using blank seals, yet Assistant Administers An Ran of Henan and Zhu Fei of Shandong both had blank seals and were instead promoted to provincial administrators—how does this display encouragement and warning?" The Emperor asked who fabricated charges and exacted excessive confiscation fines; Zheng pointed to Surveillance Vice Commissioner Peng Jing of Henan in reply. He was demoted to post station chief of Qinyang. In the thirteenth year he was seized over some matter and brought to the capital, where he died.
39
Zhou Jingxin, a native of Shandong, was a student of the Imperial Academy. In the twenty-fifth year of Hongwu an edict sought those versed in calendrical astronomy; Jingxin submitted a forthright memorial of extreme remonstrance, touching also on several matters of current policy. In summary, it read:
40
I have heard that the length of a dynasty's reign depends on the quality of its virtue, not on what the calendars foretell. The Three Dynasties stand at the summit of antiquity. Of all reigns since then, none endured so long as Han, Tang, and Song; none collapsed so quickly as Qin, Sui, and the Five Dynasties. They endured because they upheld the Way; they perished because they abandoned it. Your Majesty has received Heaven's mandate, quelled chaos, and punished the cruel. Yet you are more than sufficient in majesty and martial decisiveness, and not yet sufficient in magnanimity and loyal forbearance. If Your Majesty would emulate the generosity of the Han dynasties and the steadfast loyalty of Tang and Song, and study what made the Three Dynasties endure, then the imperial throne could pass down through ten thousand generations. Why consult petty fortune-tellers?
41
I have also heard that Your Majesty campaigns far afield year after year, marching north into the deserts—all for shame at not yet possessing the Imperial Seal. In the time of King Ping of Chu, Bian He's jade was first carved into a seal; only under Qin did it receive the name 'Seal.' It passed from dynasty to dynasty down to Later Tang. Whether a state prospered or fell had nothing to do with it. When Shi Jingtang threw the realm into chaos, the Prince of Lu carried the seal with him into the fire and perished—and with him the Qin seal was destroyed. When Jingtang entered Luoyang, a new seal was fashioned from jade. When Jin fell, the seal passed to Liao; when Liao fell, it was lost in the Sanggan River. Under Emperor Shizu of Yuan, a man named Zhalaer pulled it from the river while fishing. The seal the Yuan now possess is nothing but the Shi family's replacement. In antiquity the Three Dynasties knew no seal; benevolence was their seal. Hence the maxim: 'The sage's greatest treasure is the throne; by what does one keep the throne? By benevolence.' Why, then, does Your Majesty overlook the great seal of all under Heaven and chase after the petty jade seals of Han, Tang, and Song?
42
Today corvée labor is crushing, and taxes are oppressively heavy. Though instruction reaches everywhere, the people are not content; though the laws are stern, the people will not obey. Ji An once said to Emperor Wu, 'Your Majesty is full of desire within, yet displays benevolence and righteousness without—how can you hope to match the rule of Yao and Shun?' Today you wish the treasury full and the army strong, the walls high and deep, the palaces grand, the territory vast, and the population numerous. So you conscript ever more men, seize ever more wealth, campaign without rest, and build without end. How can such a state be governed? I also see that in the fourth year of Hongwu all officials in the realm were registered; in the thirteenth year mass punishment fell on Hu Weiyong's faction; in the nineteenth year officials who had long preyed on the people were seized; in the twenty-third year those who spoke unwisely were condemned. Officials and commoners alike were slaughtered without distinction between the guilty and the innocent. Surely among them were loyal ministers, martyrs, good men, and upright gentlemen? In this one sees Your Majesty's meager virtue and your reliance on harsh punishment. Floods and droughts strike year after year—is there no reason for this?
43
Every line was sharp and impassioned. The memorial was received.
44
使
Wang Pu was a native of Tongzhou. He passed the metropolitan examination in the eighteenth year of Hongwu. His original name was Quan; the Emperor gave him a new name. He was appointed Supervising Secretary in the Personnel Section, but was dismissed after forthright remonstrance offended the throne. He was soon reappointed investigating censor. He submitted a memorial of more than a thousand words on affairs of the day. Blunt and unyielding by nature, he often argued with the Emperor over right and wrong and refused to back down. One day he argued his point with unusual force on some matter. The Emperor flew into a rage and ordered him executed. At the execution ground he was called back and asked, 'Will you change your ways?' Pu answered, 'Your Majesty did not deem me unworthy when you made me investigating censor—why degrade me like this! If I am guiltless, how can Your Majesty put me to death? If I am guilty, why recall me only to let me live? Today I ask only to die quickly.' The Emperor's fury boiled over, and he commanded that the sentence be carried out at once. Passing the Historiography Institute, he cried out, 'Academician Liu Sanwu, take this down: on such-and-such day the Emperor executed the guiltless censor Pu!' And so he was put to death. When the Emperor compiled the Grand Pronouncements, charging Pu with slander, he still listed his name.
45
There was a Zhang Heng, a native of Wan'an and a fellow metropolitan graduate of Pu's year. He was appointed Supervising Secretary in the Rites Section. His memorials were earnest and uncompromising. He was promoted to Vice Minister of Rites. He was commended for integrity and prudence, and his example was recorded in the Grand Pronouncements. He too was later executed for speaking out on affairs of state.
46
The historians comment: Taizu was formidable and decisive; court ministers often lost their footing when answering his questions. Yet Qian Tang, Han Yike, Li Shilu, and men like them held fast to plain sincerity and remonstrated boldly before the throne—they may be called the last heirs of the upright ministers of old. Boju and Jingxin were mere academy students in scholar's robes who spoke on the weightiest matters of state. Though this violated the principle of remonstrating only once trust is established, their motives sprang from loyal devotion. Compared with the late-dynasty type who grandstand for reputation and perform integrity for profit, they belong to a different order altogether.
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