1
張廷尉釋之者，堵陽人也，字季。 有兄仲同居。 以訾為騎郎，事孝文帝，十歲不得調，無所知名。 釋之曰：「久宦減仲之產，不遂。」 欲自免歸。 中郎將袁盎知其賢，惜其去，乃請徙釋之補謁者。 釋之既朝畢，因前言便宜事。 文帝曰：「卑之，毋甚高論，令今可施行也。」 於是釋之言秦漢之閒事，秦所以失而漢所以興者久之。 文帝稱善，乃拜釋之為謁者仆射。
Zhang Shizhi, the Commandant of Justice, was a native of Duyang. His courtesy name was Ji. He had an elder brother named Zhong, with whom he shared a household. He purchased a position as a mounted attendant and served Emperor Wen, but for ten years received no promotion and remained entirely unknown. Shizhi said: "Long service in office reduces Zhong's property, it will not succeed." He wanted to resign his post and return home. The Colonel of the Guard Yuan Ang recognized his talent and was reluctant to see him leave, so he petitioned to have Shizhi transferred to fill a vacancy as an usher. After Shizhi completed his court duties, he stepped forward to speak on matters of practical governance. Emperor Wen said: "Speak humbly, do not discuss matters too loftily, so that they may be practicable now." Shizhi then spoke at length about the transition from Qin to Han—why the Qin fell and why the Han rose. Emperor Wen praised his discourse and appointed him Chief Usher.
2
釋之從行，登虎圈。 上問上林尉諸禽獸簿，十餘問，尉左右視，盡不能對。 虎圈嗇夫從旁代尉對上所問禽獸簿甚悉，欲以觀其能口對響應無窮者。 文帝曰：「吏不當若是邪？ 尉無賴！」 乃詔釋之拜嗇夫為上林令。 釋之久之前曰：「陛下以絳侯周勃何如人也？」 上曰：「長者也。」 又復問：「東陽侯張相如何如人也？」 上復曰：「長者。」 釋之曰：「夫絳侯、東陽侯稱為長者，此兩人言事曾不能出口，豈斅此嗇夫諜諜利口捷給哉！ 且秦以任刀筆之吏，吏爭以亟疾苛察相高，然其敝徒文具耳，無惻隱之實。 以故不聞其過，陵遲而至於二世，天下土崩。 今陛下以嗇夫口辯而超遷之，臣恐天下隨風靡靡，爭為口辯而無其實。 且下之化上疾於景響，舉錯不可不審也。」 文帝曰：「善。」 乃止不拜嗇夫。
Shizhi accompanied the emperor on an excursion and climbed up to the tiger enclosure. The emperor questioned the Shanglin superintendent about the registers of the various birds and beasts, posing more than ten questions. The superintendent looked helplessly about but could not answer a single one. The bailiff of the tiger enclosure stepped in from the side to answer the emperor's questions about the animal registers in meticulous detail, eager to display his ability to respond without pause to any query. Emperor Wen said: "Should an official not be like this? The superintendent is worthless!" The emperor then ordered Shizhi to appoint the bailiff as the Magistrate of Shanglin. Shizhi had long been thinking and said: "Your Majesty, what kind of person was the Marquis of Jiang, Zhou Bo?" The emperor said: "A venerable elder." He asked again: "What kind of person was the Marquis of Dongyang, Zhang Xiang?" The emperor again said: "A venerable elder." Shizhi said: "The Marquis of Jiang and Dongyang are called venerable elders—these two men, when speaking of affairs, could not even get the words out of their mouths. How could they be like this bailiff with his glib tongue and quick responses! Moreover, the Qin relied on petty clerks skilled only with brush and blade. These officials vied to outdo one another in harsh scrutiny and hasty judgment, yet the result was nothing but empty paperwork, devoid of any genuine compassion. Because of this, the throne never learned of its own failings. The dynasty declined by degrees until the Second Emperor, when the empire crumbled to dust. Now if Your Majesty promotes this bailiff merely for his verbal dexterity, I fear the entire empire will follow the prevailing wind, everyone competing to be glib while neglecting substance. Moreover, the lower transforms the upper more urgently than shadow follows form—raises and errors cannot but be carefully examined." Emperor Wen said: "Good." He then rescinded the order and did not appoint the bailiff.
3
上就車，召釋之參乘，徐行，問釋之秦之敝。 具以質言。 至宮，上拜釋之為公車令。
The emperor mounted his carriage, summoned Shizhi to ride alongside as a companion, and proceeded slowly, asking Shizhi about the failings of the Qin. Shizhi answered plainly and in full. When they reached the palace, the emperor appointed Shizhi as the Commandant of the Imperial Carriages.
4
頃之，太子與梁王共車入朝，不下司馬門，於是釋之追止太子、梁王無得入殿門。 遂劾不下公門不敬，奏之。 薄太后聞之，文帝免冠謝曰：「教兒子不謹。」 薄太后乃使使承詔赦太子、梁王，然後得入。 文帝由是奇釋之，拜為中大夫。
Soon afterward, the Crown Prince and the King of Liang rode together in one carriage to attend court, failing to dismount at the Marshal's Gate. Shizhi gave chase and barred them from entering the palace gates. He then impeached them for failing to dismount at the palace gate—a breach of protocol—and submitted a formal memorial. Empress Bo heard of it, and Emperor Wen removed his crown and apologized, saying: "I taught my son improperly." Empress Dowager Bo then dispatched messengers bearing an imperial edict to pardon the Crown Prince and the King of Liang, after which they were permitted to enter. From this, Emperor Wen came to regard Shizhi as remarkable and appointed him Palace Counselor.
5
頃之，至中郎將。 從行至霸陵，居北臨廁。 是時慎夫人從，上指示慎夫人新豐道，曰：「此走邯鄲道也。」 使慎夫人鼓瑟，上自倚瑟而歌，意慘悽悲懷，顧謂群臣曰：「嗟乎！ 以北山石為槨，用紵絮斮陳，蕠漆其閒，豈可動哉！」 左右皆曰：「善。」 釋之前進曰：「使其中有可欲者，雖錮南山猶有郄； 使其中無可欲者，雖無石槨，又何戚焉！」 文帝稱善。 其後拜釋之為廷尉。
Before long, he was promoted to Colonel of the Guard. He accompanied the emperor on a visit to the Baling tomb site, where they stood on the northern slope overlooking the steep descent. At this time Lady Shen was following, and the emperor pointed out the Xinfeng road to Lady Shen, saying: "This is the road to Handan." He had Lady Shen play the zither, and the emperor leaned on the zither and sang, his intent mournful and sorrowful, then looked back at the assembled ministers and said: "Alas! Using northern mountain stone for the outer coffin, with zhuxu to pad the spaces between, and lacquer applied—how could it be moved!" Those on left and right all said: "Excellent." Shizhi stepped forward and said: "If there is anything desirable within it, though sealed with southern mountain stone there would still be gaps; If there is nothing desirable within it, though without stone coffin, what sorrow again!" Emperor Wen praised his words. Afterward, he appointed Shizhi as the Commandant of Justice.
6
頃之，上行出中渭橋，有一人從橋下走出，乘輿馬驚。 於是使騎捕，屬之廷尉。 釋之治問。 曰：「縣人來，聞蹕，匿橋下。 久之，以為行已過，即出，見乘輿車騎，即走耳。」 廷尉秦當，一人犯蹕，當罰金。 文帝怒曰：「此人親驚吾馬，吾馬賴柔和，令他馬，固不敗傷我乎？ 而廷尉乃當之罰金！」 釋之曰：「法者天子所與天下公共也。 今法如此而更重之，是法不信於民也。 且方其時，上使立誅之則已。 今既下廷尉，廷尉，天下之平也，一傾而天下用法皆為輕重，民安所措其手足？ 唯陛下察之。」 良久，上曰：「廷尉當是也。」
Soon after, while the emperor was traveling across the Zhongwei Bridge, a man darted out from beneath it, startling the horses of the imperial carriage. The emperor ordered his cavalry to seize the man and handed the case over to the Commandant of Justice. Shizhi conducted the interrogation. He said: "I am a county man who came here, heard the imperial progress, and hid under the bridge. I did not dare emerge, and when the imperial carriage passed, my feet were numb and I could not move, so I waited until the procession passed to come out." The Commandant of Justice presented his judgment: a single person had violated the imperial procession, and the penalty should be a fine in gold. Emperor Wen angrily said: "This person personally startled my horse. My horse was gentle and compliant, but if it had been another horse, surely it would have thrown and injured me? Yet the Commandant of Justice judges it as only worth gold!" Shizhi said: "The law is what the Son of Heaven shares in common with all under heaven. Now the law is like this but you make it heavier—this makes the law unbelievable to the people. Moreover, at that moment, had Your Majesty ordered his immediate execution, that would have been the end of it. Now that it has been sent to the Commandant of Justice—the Commandant of Justice is the fairness of all under heaven—if it tilts once, all under heaven's use of law will become light and heavy. Where will the people place their hands and feet? Only Your Majesty examine it." After a long time, the emperor said: "The Commandant of Justice is correct."
7
其後有人盜高廟坐前玉環，捕得，文帝怒，下廷尉治。 釋之案律盜宗廟服御物者為奏，奏當棄市。 上大怒曰：「人之無道，乃盜先帝廟器，吾屬廷尉者，欲致之族，而君以法奏之，非吾所以共承宗廟意也。」 釋之免冠頓首謝曰：「法如是足也。 且罪等，然以逆順為差。 今盜宗廟器而族之，有如萬分之一，假令愚民取長陵一抔土，陛下何以加其法乎？」 久之，文帝與太后言之，乃許廷尉當。 是時，中尉條侯周亞夫與梁相山都侯王恬開見釋之持議平，乃結為親友。 張廷尉由此天下稱之。
Afterward, someone stole the jade ring from before the throne in the Temple of Gaozu. The thief was captured, and Emperor Wen, furious, referred the case to the Commandant of Justice. Shizhi consulted the statutes: the penalty for stealing ritual objects from the ancestral temple was public execution. He submitted his memorial accordingly. The emperor was greatly angered and said: "This person is utterly without the Way, stealing the temple vessels of my late father. I assigned it to the Commandant of Justice wishing to execute his entire clan, but you memorialize according to the law—this is not my intention in jointly upholding the ancestral temples." Shizhi removed his crown and bowed his head to the ground in apology, saying: "The law is sufficient as it is. Crimes may be of equal weight, yet they are graded by the degree of defiance or compliance. Now stealing ancestral temple vessels and executing the entire clan—if there is even one in ten thousand like this, supposing foolish people take a handful of earth from Changling, Your Majesty, how would you apply the law to them?" After a long while, Emperor Wen discussed the matter with the Empress Dowager and finally accepted the Commandant of Justice's ruling. At this time, Zhou Yafu the Marquis of Tiao, who served as Colonel of the Guard, and Wang Tiankai the Marquis of Shandu, who served as Chancellor of Liang, observed that Shizhi deliberated with impartiality, and both became his close friends. From this, Zhang the Commandant of Justice won the praise of the entire empire.
8
後文帝崩，景帝立，釋之恐，稱病。 欲免去，懼大誅至； 欲見謝，則未知何如。 用王生計，卒見謝，景帝不過也。
After Emperor Wen died and Emperor Jing ascended the throne, Shizhi grew fearful and feigned illness. He wished to resign and leave, fearing great punishment would come; He wished to seek an audience and apologize, but did not know how it would be received. Following Wang Sheng's counsel, he finally obtained an audience and offered his apology. Emperor Jing did not hold it against him.
9
王生者，善為黃老言，處士也。 嘗召居廷中，三公九卿盡會立，王生老人，曰「吾韤解」，顧謂張廷尉：「為我結韤！」 釋之跪而結之。 既已，人或謂王生曰：「獨柰何廷辱張廷尉，使跪結韤？」 王生曰：「吾老且賤，自度終無益於張廷尉。 張廷尉方今天下名臣，吾故聊辱廷尉，使跪結韤，欲以重之。」 諸公聞之，賢王生而重張廷尉。
Wang Sheng was well versed in the teachings of Huang-Lao and lived as a recluse scholar. He was once summoned to reside in the court, and all three dukes and nine ministers stood assembled, when Wang Sheng, being elderly, said "My leggings are loose," and looked at Zhang the Commandant of Justice saying: "Tie my leggings for me!" Shizhi knelt down and tied them for him. Afterward, someone said to Wang Sheng: "Why did you alone humiliate Zhang the Commandant of Justice in court, making him kneel to tie leggings?" Wang Sheng said: "I am old and lowly, and measure that I will ultimately be of no benefit to Zhang the Commandant of Justice. Zhang the Commandant of Justice is currently the empire's famous minister, so I deliberately humiliated the Commandant of Justice, making him kneel to tie leggings, wishing to honor him by it." When the assembled lords heard this, they admired Wang Sheng and held Zhang the Commandant of Justice in even greater esteem.
10
張廷尉事景帝歲餘，為淮南王相，猶尚以前過也。 久之，釋之卒。 其子曰張摯，字長公，官至大夫，免。 以不能取容當世，故終身不仕。
Zhang the Commandant of Justice served Emperor Jing for over a year before being transferred to serve as Chancellor to the King of Huainan—still bearing the taint of his earlier offense. In time, Shizhi died. His son was Zhang Zhi, courtesy name Changgong. He rose to the rank of Grand Master but was then dismissed. Unable to ingratiate himself with the powers of his day, he never held office again for the rest of his life.
11
馮唐者，其大父趙人。 父徙代。 漢興徙安陵。 唐以孝著，為中郎署長，事文帝。 文帝輦過，問唐曰：「父老何自為郎？ 家安在？」 唐具以實對。 文帝曰：「吾居代時，吾尚食監高袪數為我言趙將李齊之賢，戰於鉅鹿下。 今吾每飯，意未嘗不在鉅鹿也。 父知之乎？」 唐對曰：「尚不如廉頗、李牧之為將也。」 上曰：「何以？」 唐曰：「臣大父在趙時，為官（卒）［率］將，善李牧。 臣父故為代相，善趙將李齊，知其為人也。」 上既聞廉頗、李牧為人，良說，而搏髀曰：「嗟乎！ 吾獨不得廉頗、李牧時為吾將，吾豈憂匈奴哉！」 唐曰：「主臣！ 陛下雖得廉頗、李牧，弗能用也。」 上怒，起入禁中。 良久，召唐讓曰：「公柰何眾辱我，獨無閒處乎？」 唐謝曰：「鄙人不知忌諱。」
Feng Tang's grandfather was a man of Zhao. His father relocated to Dai. When the Han dynasty was established, the family moved to Anling. Tang was renowned for his filial piety and served as Captain of the Attendants under Emperor Wen. Emperor Wen passed by in his sedan chair and asked Tang: "Elder, why did you become a mounted attendant? Where is your home settled?" Tang gave a full and truthful answer. Emperor Wen said: "When I resided in Dai, my food supervisor Gao Qu repeatedly told me of the worth of the Zhao general Li Qi, who battled below Julu. Now whenever I eat, my thoughts are never not at Julu." Does your father know of this?" Tang replied: "He was still not equal to Lian Po and Li Mu as generals." The emperor said: "Why is that?" Tang said: "My grandfather, when in Zhao, was an officer and general, and esteemed Li Mu. My father formerly was chancellor of Dai and esteemed the Zhao general Li Qi, knowing what kind of person he was." The emperor, having heard of Lian Po and Li Mu as persons, was greatly pleased, and slapped his thigh saying: "Alas! I alone cannot obtain Lian Po and Li Mu of that time to be my generals—why should I worry about the Xiongnu!" Tang said: "Your Majesty! Though Your Majesty obtained Lian Po and Li Mu, you would not be able to use them. The emperor was angered and rose to withdraw into the inner palace. After a long time, he summoned Tang and reproached him, saying: Why do you humiliate me before the crowd, and have no private place? Tang apologized, saying: This rustic person does not know taboos.
12
當是之時，匈奴新大入朝那，殺北地都尉卬。 上以胡寇為意，乃卒復問唐曰：「公何以知吾不能用廉頗、李牧也？」 唐對曰：「臣聞上古王者之遣將也，跪而推轂，曰閫以內者，寡人制之； 閫以外者，將軍制之。 軍功爵賞皆決於外，歸而奏之。 此非虛言也。 臣大父言，李牧為趙將居邊，軍市之租皆自用饗士，賞賜決於外，不從中擾也。 委任而責成功，故李牧乃得盡其智能，遣選車千三百乘，彀騎萬三千，百金之士十萬，是以北逐單于，破東胡，滅澹林，西抑彊秦，南支韓、魏。 當是之時，趙幾霸。 其後會趙王遷立，其母倡也。 王遷立，乃用郭開讒，卒誅李牧，令顏聚代之。 是以兵破士北，為秦所禽滅。 今臣竊聞魏尚為雲中守，其軍市租盡以饗士卒，［出］私養錢，五日一椎牛，饗賓客軍吏舍人，是以匈奴遠避，不近雲中之塞。 虜曾一入，尚率車騎擊之，所殺其眾。 夫士卒盡家人子，起田中從軍，安知尺籍伍符。 終日力戰，斬首捕虜，上功莫府，一言不相應，文吏以法繩之。 其賞不行而吏奉法必用。 臣愚，以為陛下法太明，賞太輕，罰太重。 且雲中守魏尚坐上功首虜差六級，陛下下之吏，削其爵，罰作之。 由此言之，陛下雖得廉頗、李牧，弗能用也。 臣誠愚，觸忌諱，死罪死罪！」 文帝說。 是日令馮唐持節赦魏尚，復以為雲中守，而拜唐為車騎都尉，主中尉及郡國車士。
At that time, the Xiongnu had just launched a major incursion into Chaona and killed the Colonel of Beidi, Ang. The emperor was concerned about the Hu invaders, and finally asked Tang again: How do you know I cannot use Lian Po and Li Mu? Tang replied: I have heard that in high antiquity when kings sent generals, they knelt and pushed the chariot axle, saying: Within the border, I control it; Beyond the border, the general holds command. All matters of military merit, rank, and reward were decided in the field, and only reported to the throne upon the general's return. This is not empty words. My grandfather said that when Li Mu served as a Zhao general guarding the border, he used all the revenues from the army market to feast his troops. Rewards and commendations were decided in the field, without interference from the capital. Entrusted with full authority and held accountable only for results, Li Mu was able to deploy his talents to the fullest. He marshaled thirteen hundred select chariots, thirteen thousand mounted archers, and a hundred thousand warriors each worth a hundred gold. With these forces he drove the Chanyu northward, shattered the Donghu, annihilated the Danlin, checked the mighty Qin to the west, and buttressed Han and Wei to the south. At that time, Zhao very nearly achieved hegemony. Later, it so happened that King Qian of Zhao came to the throne. His mother had been a singing girl. Once King Qian took power, he heeded the slanders of Guo Kai and had Li Mu executed, replacing him with Yan Ju. As a result, the army was shattered and the soldiers routed, and Zhao was captured and destroyed by Qin. Now I have heard privately that Wei Shang, as Governor of Yunzhong, devotes all the revenues from the army market to feasting his troops. He even spends his own private funds, and slaughters an ox every five days to feast his guests, officers, and retainers. Because of this, the Xiongnu keep their distance and dare not approach the Yunzhong frontier. When the barbarians once made an incursion, Shang led his chariots and cavalry against them and killed a great many. The soldiers are all sons of common families, pulled from their fields to serve in the army. How would they know the intricacies of military tallies and registers? They fight with all their strength the whole day long, taking heads and capturing prisoners, then report their achievements to headquarters. Yet if a single word does not match, the civil officials bind them with the letter of the law. Their rewards go undelivered, while the officials' enforcement of regulations never fails. In my foolishness, I believe Your Majesty's laws are too exacting, your rewards too stingy, and your punishments too severe. Moreover, the Governor of Yunzhong, Wei Shang, was convicted because his report of enemy heads taken was off by six. Your Majesty handed him over to the officials, stripped him of his rank, and sentenced him to penal labor. From this speaking, though Your Majesty obtained Lian Po and Li Mu, you would not be able to use them. I am truly foolish, touched on taboos, capital crime capital crime! Emperor Wen was delighted. That very day, the emperor ordered Feng Tang to carry the imperial tally and pardon Wei Shang, restoring him as Governor of Yunzhong. He also appointed Tang as Chariot and Cavalry Colonel, with authority over the Colonel of the Guard and the chariot soldiers of the commanderies and kingdoms.
13
七年，景帝立，以唐為楚相，免。 武帝立，求賢良，舉馮唐。 唐時年九十餘，不能復為官，乃以唐子馮遂為郎。 遂字王孫，亦奇士，與余善。
In the seventh year, Emperor Jing ascended the throne and made Tang the Chancellor of Chu, but he was later dismissed. When Emperor Wu ascended the throne and sought out men of worth, Feng Tang was recommended. By that time, Tang was over ninety years old and could no longer serve. His son Feng Sui was appointed as a mounted attendant in his stead. Sui, courtesy name Wangsun, was also a remarkable man, and he and I became good friends.
14
太史公曰：張季之言長者，守法不阿意； 馮公之論將率，有味哉！ 有味哉！ 語曰「不知其人，視其友」。 二君之所稱誦，可著廊廟。 書曰「不偏不黨，王道蕩蕩； 不黨不偏，王道便便」。 張季、馮公近之矣。
The Grand Historian says: Zhang Ji speaks of venerable elders, upholds the law without currying favor; Feng Gong discussion of generals and commanders has flavor! Has flavor! The saying goes: If you do not know the person, look at his friends. What these two gentlemen praised and advocated was worthy of the halls of court. The Book says: Not partial not partisan, the king way broad broad; not partisan not partial, the king way smooth smooth. Zhang Ji and Lord Feng came close to embodying this ideal.