1
孔子曰:「導之以政,齊之以刑,民免而無恥。 導之以德,齊之以禮,有恥且格。」 老氏稱:「上德不德,是以有德; 下德不失德,是以無德。 法令滋章,盜賊多有。」 太史公曰:信哉是言也! 法令者治之具,而非制治清濁之源也。 昔天下之網嘗密矣,然姦偽萌起,其極也,上下相遁,至於不振。 當是之時,吏治若救火揚沸,非武健嚴酷,惡能勝其任而愉快乎! 言道德者,溺其職矣。 故曰「聽訟,吾猶人也,必也使無訟乎」。 「下士聞道大笑之」。 非虛言也。 漢興,破觚而為圜,斲雕而為樸,網漏於吞舟之魚,而吏治烝烝,不至於姦,黎民艾安。 由是觀之,在彼不在此。
Confucius said: "Lead the people with governmental measures and regulate them with punishments, and they will evade the law but feel no shame. Lead them with virtue and regulate them with propriety, and they will have a sense of shame and moreover reform themselves." Laozi said: "The highest virtue does not regard itself as virtuous, and therefore possesses true virtue; The lowest virtue never loses sight of its own virtue, and therefore lacks true virtue. The more laws and edicts are promulgated, the more thieves and bandits arise." The Grand Historian remarks: How true these words are! Laws and edicts are merely the instruments of governance, not the wellspring that determines whether rule is pure or corrupt. In former times, the net of laws across the realm was drawn ever tighter, yet fraud and treachery continued to sprout. Carried to its extreme, those above and below deceived one another until the whole order fell into decline. In those times, governance was like trying to douse a fire while fanning the flames — without officials who were forceful, severe, and ruthless, who could have shouldered such a burden and taken satisfaction in the task? Those who preached morality and virtue were already drowning in their own offices. Hence the saying: "In hearing lawsuits, I am no different from anyone else. What truly matters is to bring about a world where there are no lawsuits at all." "When the lowest sort of scholar hears of the Way, he bursts out laughing." These are no empty words. When the Han dynasty arose, it rounded off the sharp edges and smoothed the ornate back to simplicity. The net of laws was so loose that fish large enough to swallow boats could slip through, yet governance improved steadily, corruption never took hold, and the common people lived in peace. Viewed from this perspective, the key lies in that approach, not this one.
2
高后時,酷吏獨有侯封,刻轢宗室,侵辱功臣。 呂氏已敗,遂(禽)[夷]侯封之家。 孝景時,晁錯以刻深頗用術輔其資,而七國之亂,發怒於錯,錯卒以被戮。 其后有郅都、寧成之屬。
During the reign of Empress Dowager Gao, the only harsh official was Hou Feng, who ground down the members of the imperial clan and humiliated ministers of merit. After the downfall of the Lu clan, Hou Feng's entire family was wiped out. In the reign of Emperor Jing, Chao Cuo relied on harsh severity and political stratagems to bolster his position. When the Rebellion of the Seven Kingdoms broke out, fury was turned upon him, and Cuo was put to death. After him came the likes of Zhi Du and Ning Cheng.
3
郅都者,楊人也。 以郎事孝文帝。 孝景時,都為中郎將,敢直諫,面折大臣於朝。 嘗從入上林,賈姬如廁,野彘卒入廁。 上目都,都不行。 上欲自持兵救賈姬,都伏上前曰:「亡一姬復一姬進,天下所少寧賈姬等乎? 陛下縱自輕,柰宗廟太后何!」 上還,彘亦去。 太后聞之,賜都金百斤,由此重郅都。
Zhi Du was a native of Yang. He served Emperor Wen as a Gentleman of the court. Under Emperor Jing, Zhi Du became Commander of the Gentlemen of the Palace. He dared to speak his mind bluntly and would rebuke the highest ministers to their faces at court. Once, while accompanying the emperor on a visit to the Shanglin Park, Lady Jia went to use the privy, and a wild boar suddenly charged in after her. The emperor glanced at Zhi Du, but Zhi Du did not stir. The emperor was about to seize a weapon and rush to Lady Jia's rescue, but Zhi Du threw himself at the emperor's feet and said: "Lose one consort and another will take her place. Is the empire so short of women like Lady Jia? Even if Your Majesty holds his own life cheap, what of the ancestral temples and the Empress Dowager?" The emperor drew back, and the boar, too, departed. When the Empress Dowager heard of this, she rewarded Zhi Du with a hundred catties of gold, and from that time on held him in the highest regard.
4
濟南瞯氏宗人三百餘家,豪猾,二千石莫能制,於是景帝乃拜都為濟南太守。 至則族瞯氏首惡,餘皆股栗。 居歲餘,郡中不拾遺。 旁十餘郡守畏都如大府。
The Jian clan of Jinan comprised more than three hundred households. They were powerful and lawless, and no administrator of two-thousand-picul rank had been able to bring them to heel. Emperor Jing therefore appointed Zhi Du as Grand Administrator of Jinan. Upon his arrival, he executed the ringleaders of the Jian clan and their families. The rest of the populace trembled in terror. Within a little over a year, no one in the commandery so much as picked up things dropped on the road. The governors of more than ten neighboring commanderies feared Zhi Du as though he were their own superior.
5
都為人勇,有氣力,公廉,不發私書,問遺無所受,請寄無所聽。 常自稱曰:「已倍親而仕,身固當奉職死節官下,終不顧妻子矣。」
Zhi Du was a man of courage and vigor. He was scrupulously fair and incorruptible — he never opened private letters, accepted no gifts, and refused all personal entreaties. He was fond of saying: "Having turned my back on my parents to serve in office, I must devote myself to duty and, if need be, die for principle at my post. I shall never look back for the sake of wife and children."
6
郅都遷為中尉。 丞相條侯至貴倨也,而都揖丞相。 是時民樸,畏罪自重,而都獨先嚴酷,致行法不避貴戚,列侯宗室見都側目而視,號曰「蒼鷹」。
Zhi Du was promoted to the post of Commandant of Justice. The Chancellor, the Marquis of Tiao, was a man of the highest rank and considerable pride, yet Zhi Du greeted the Chancellor with nothing more than a casual bow. At that time the people were simple and law-abiding, cautious for fear of punishment, yet Zhi Du alone took the lead in ruthless severity, enforcing the law without sparing the noble or the wellborn. The marquises and members of the imperial clan could only glare at him from the corners of their eyes, and they gave him the name "the Grey Hawk."
7
臨江王徵詣中尉府對簿,臨江王欲得刀筆為書謝上,而都禁吏不予。 魏其侯使人以閒與臨江王。 臨江王既為書謝上,因自殺。 竇太后聞之,怒,以危法中都,都免歸家。 孝景帝乃使使持節拜都為鴈門太守,而便道之官,得以便宜從事。 匈奴素聞郅都節,居邊,為引兵去,竟郅都死不近鴈門。 匈奴至為偶人象郅都,令騎馳射莫能中,見憚如此。 匈奴患之。 竇太后乃竟中都以漢法。 景帝曰:「都忠臣。」 欲釋之。 竇太后曰:「臨江王獨非忠臣邪?」 於是遂斬郅都。
When the King of Linjiang was summoned to the Commandant's office to answer charges, he wished to obtain a brush and writing knife to compose a letter of apology to the emperor, but Zhi Du forbade his clerks from providing them. The Marquis of Weiqi secretly sent someone to slip the writing materials to the King of Linjiang. After the King of Linjiang had written his letter of apology to the emperor, he took his own life. When Empress Dowager Dou learned of this, she was enraged and had capital charges brought against Zhi Du. He was dismissed from office and sent home. Emperor Jing then dispatched an envoy bearing the imperial tally to appoint Zhi Du as Grand Administrator of Yanmen, sending him directly to his post with full authority to act at his own discretion. The Xiongnu had long known of Zhi Du's formidable reputation. When he was stationed on the frontier, they pulled their forces back and, for the entire duration until Zhi Du's death, did not dare approach Yanmen. The Xiongnu even fashioned a wooden effigy in the likeness of Zhi Du and ordered their horsemen to gallop past shooting at it, yet none could hit the mark — so profoundly did he terrify them. The Xiongnu considered him a dire threat. In the end, Empress Dowager Dou had Zhi Du convicted under the laws of Han. Emperor Jing protested: "Zhi Du is a loyal minister." He wished to have him pardoned. But Empress Dowager Dou retorted: "Was the King of Linjiang not a loyal subject as well?" And so Zhi Du was put to death.
8
寧成者,穰人也。 以郎謁者事景帝。 好氣,為人小吏,必陵其長吏; 為人上,操下如束溼薪。 滑賊任威。 稍遷至濟南都尉,而郅都為守。 始前數都尉皆步入府,因吏謁守如縣令,其畏郅都如此。 及成往,直陵都出其上。 都素聞其聲,於是善遇,與結驩。 久之,郅都死,后長安左右宗室多暴犯法,於是上召寧成為中尉。 其治效郅都,其廉弗如,然宗室豪桀皆人人惴恐。
Ning Cheng was a native of Rang. He served Emperor Jing as a Gentleman Usher. He was a man of fierce temper. When serving as a minor clerk, he invariably bullied his superiors; when placed in authority over others, he gripped his subordinates as tightly as one binds wet firewood. He was cunning and ruthless, wielding his authority without scruple. He rose through the ranks to become Commandant of Jinan, at a time when Zhi Du was serving as Governor there. Before Ning Cheng's arrival, every previous Commandant had entered the Governor's office on foot and, through their clerks, paid their respects to the Governor as deferentially as a county magistrate would — so greatly did they fear Zhi Du. But when Ning Cheng arrived, he brazenly rode roughshod over Zhi Du, asserting himself as the superior. Zhi Du, who had long heard of his reputation, therefore treated him with courtesy and struck up a friendship. Some time later, Zhi Du died. Thereafter, many members of the imperial clan in and around Chang'an committed brazen violations of the law, and the emperor summoned Ning Cheng to serve as Commandant of Justice. His methods of governance followed Zhi Du's example, though in integrity he fell short. Even so, every powerful figure in the imperial clan trembled with dread.
9
武帝即位,徙為內史。 外戚多毀成之短,抵罪髡鉗。 是時九卿罪死即死,少被刑,而成極刑,自以為不復收,於是解脫,詐刻傳出關歸家。 稱曰:「仕不至二千石,賈不至千萬,安可比人乎!」 乃貰貸買陂田千餘頃,假貧民,役使數千家。 數年,會赦。 致產數千金,為任俠,持吏長短,出從數十騎。 其使民威重於郡守。
When Emperor Wu came to the throne, Ning Cheng was transferred to the post of Prefect of the Capital. The imperial in-laws frequently denounced his failings, and he was convicted and sentenced to having his head shaved and wearing an iron collar. In those days, when ministers of the Nine Ministers rank were convicted of capital offenses, they were executed — few suffered the humiliation of corporal punishment. Yet Ning Cheng received the harshest sentence. Convinced he would never be restored to office, he broke free of his bonds, forged a travel pass, and slipped through the frontier gate to return home. He declared: "If a man cannot rise to two-thousand-picul rank in office, or amass ten million cash in trade, how can he hold his head up among his peers?" He borrowed on credit to purchase over a thousand qing of irrigated farmland, leased it to the poor, and put several thousand households to work. After several years, a general amnesty was proclaimed. He amassed a fortune of several thousand catties of gold, styled himself a knight-errant, held leverage over officials by knowing their secrets, and rode out attended by dozens of horsemen. His hold over the common people surpassed even that of the commandery governor.
10
周陽由者,其父趙兼以淮南王舅父侯周陽,故因姓周陽氏。 由以宗家任為郎,事孝文及景帝。 景帝時,由為郡守。 武帝即位,吏治尚循謹甚,然由居二千石中,最為暴酷驕恣。 所愛者,撓法活之; 所憎者,曲法誅滅之。 所居郡,必夷其豪。 為守,視都尉如令。 為都尉,必陵太守,奪之治。 與汲黯俱為忮,司馬安之文惡,俱在二千石列,同車未嘗敢均茵伏。
Zhouyang You's father, Zhao Jian, had been enfeoffed at Zhouyang on account of being the maternal uncle of the King of Huainan, and the family thereafter took Zhouyang as their surname. Through the privilege of his noble house, Zhouyang You was appointed a Gentleman and served both Emperor Wen and Emperor Jing. Under Emperor Jing, Zhouyang You served as a commandery governor. When Emperor Wu came to the throne, the administration still prized caution and diligence. Yet among all the officials of two-thousand-picul rank, Zhouyang You was the most violent, cruel, arrogant, and self-indulgent. Those he favored, he would bend the law to save; those he despised, he would twist the law to destroy. In whichever commandery he governed, he invariably crushed the local strongmen. When serving as Governor, he treated the Commandant like a mere county magistrate. When serving as Commandant, he invariably rode roughshod over the Grand Administrator and seized control of affairs. He was as headstrong as Ji An and as venomous in his written denunciations as Sima An. Though all of them held the same two-thousand-picul rank, when riding in the same carriage no one dared share the cushion as an equal.
11
由后為河東都尉,時與其守勝屠公爭權,相告言罪。 勝屠公當抵罪,義不受刑,自殺,而由棄市。
Later, Zhouyang You served as Commandant of Hedong, where he clashed with the Governor, Shengtu Gong, over power. Each accused the other of crimes. Shengtu Gong was found guilty but, considering it beneath his dignity to submit to punishment, took his own life. Zhouyang You, for his part, was executed in the marketplace.
12
自寧成、周陽由之后,事益多,民巧法,大抵吏之治類多成、由等矣。
After the time of Ning Cheng and Zhouyang You, affairs grew ever more complex and the people more adept at exploiting the law. On the whole, the officials who governed were cut from the same cloth as Cheng and You.
13
趙禹者,斄人。 以佐史補中都官,用廉為令史,事太尉亞夫。 亞夫為丞相,禹為丞相史,府中皆稱其廉平。 然亞夫弗任,曰:「極知禹無害,然文深,不可以居大府。」 今上時,禹以刀筆吏積勞,稍遷為御史。 上以為能,至太中大夫。 與張湯論定諸律令,作見知,吏傳得相監司。 用法益刻,蓋自此始。
Zhao Yu was a native of Tai. He entered government service as an Assistant Clerk assigned to the Central Capital offices. On account of his integrity, he was promoted to Chief Clerk and served under Grand Commandant Yafu. When Yafu became Chancellor, Zhao Yu served as the Chancellor's Clerk, and everyone in the office praised him for his integrity and fairness. Yet Yafu refused to promote him, saying: "I know perfectly well that Zhao Yu is without fault, but his legal writing is excessively severe. He is not fit for a position of high authority." Under the present emperor, Zhao Yu accumulated merit through years of clerical work and was gradually promoted to the rank of Censor. The emperor considered him capable and raised him to the rank of Grand Palace Grandee. Together with Zhang Tang, he deliberated on and codified the various laws and edicts. They created the statute of "obligation to report," whereby officials at every level could monitor and check one another. The ever-harsher application of the law may be traced to this very beginning.
14
張湯者,杜人也。 其父為長安丞,出,湯為兒守舍。 還而鼠盜肉,其父怒,笞湯。 湯掘窟得盜鼠及餘肉,劾鼠掠治,傳爰書,訊鞫論報,并取鼠與肉,具獄磔堂下。 其父見之,視其文辭如老獄吏,大驚,遂使書獄。 父死后,湯為長安吏,久之。
Zhang Tang was a native of Du. His father served as the Vice Prefect of Chang'an. One day, when his father went out, the young Tang was left to mind the house. When the father returned and found that a rat had stolen the meat, he was furious and whipped the boy. Zhang Tang dug into the burrow, recovered the thieving rat and the remaining meat, drew up a formal indictment, subjected the rat to interrogation under torture, prepared the legal documents, conducted the trial, and pronounced his verdict. Then he took the rat and the meat and had the rat publicly dismembered beneath the hall. When his father examined the boy's legal writings and found them as polished as a veteran prison clerk's, he was astonished and thenceforth put him to work drafting legal cases. After his father's death, Zhang Tang served for many years as a clerk in Chang'an.
15
周陽侯始為諸卿時,嘗系長安,湯傾身為之。 及出為侯,大與湯交,遍見湯貴人。 湯給事內史,為寧成掾,以湯為無害,言大府,調為茂陵尉,治方中。
When the Marquis of Zhouyang first served as one of the ministers, he was once imprisoned in Chang'an. Zhang Tang devoted himself wholeheartedly to his case. After his release and ennoblement as a marquis, he formed a close friendship with Zhang Tang and introduced him to all the influential men in his circle. Zhang Tang was assigned to serve under the Prefect of the Capital, where he became a clerk under Ning Cheng. Ning Cheng, considering him a man of ability, recommended him to the central government. He was transferred to serve as Commandant of Maoling, where he oversaw the affairs of the district.
16
武安侯為丞相,徵湯為史,時薦言之天子,補御史,使案事。 治陳皇后蠱獄,深竟黨與。 於是上以為能,稍遷至太中大夫。 與趙禹共定諸律令,務在深文,拘守職之吏。 已而趙禹遷為中尉,徙為少府,而張湯為廷尉,兩人交驩,而兄事禹。 禹為人廉倨。 為吏以來,舍毋食客。 公卿相造請禹,禹終不報謝,務在絕知友賓客之請,孤立行一意而已。 見文法輒取,亦不覆案,求官屬陰罪。 湯為人多詐,舞智以御人。 始為小吏,乾沒,與長安富賈田甲、魚翁叔之屬交私。 及列九卿,收接天下名士大夫,己心內雖不合,然陽浮慕之。
When the Marquis of Wu'an became Chancellor, he summoned Zhang Tang to serve on his staff and frequently recommended him to the emperor. Zhang Tang was appointed Censor and assigned to investigate cases. He took charge of the witchcraft case against Empress Chen, relentlessly pursuing every last member of the conspiracy. The emperor was impressed by his ability and gradually promoted him to the rank of Grand Palace Grandee. Together with Zhao Yu, he codified the laws and edicts, striving above all for the harshest possible interpretations, which constrained even conscientious officials to the letter of the law. In time, Zhao Yu was promoted to Commandant of Justice and then transferred to the post of Privy Treasurer, while Zhang Tang became Commandant of Trials. The two remained close friends, and Zhang Tang treated Zhao Yu as an elder brother. Zhao Yu was by nature incorruptible and haughty. From the time he entered office, he kept no guests in his household. Nobles and ministers called upon Zhao Yu, yet he never returned their visits. He was determined to refuse every request from friends and associates, standing alone and pursuing his single-minded purpose. Whenever he found a legal pretext, he seized upon it without bothering to review the case further, and he would hunt out the hidden offenses of his subordinate officials. Zhang Tang, by contrast, was a man of great cunning who wielded his intelligence to manipulate others. In his early days as a minor clerk, he speculated for profit and cultivated private ties with wealthy Chang'an merchants like Tian Jia and Yu Wengshu. After rising to the rank of one of the Nine Ministers, he cultivated the most renowned scholars and gentlemen throughout the realm. Even when he inwardly disagreed with them, he outwardly feigned admiration.
17
是時上方鄉文學,湯決大獄,欲傅古義,乃請博士弟子治尚書、春秋補廷尉史,亭疑法。 奏讞疑事,必豫先為上分別其原,上所是,受而著讞決法廷尉絜令,揚主之明。 奏事即譴,湯應謝,鄉上意所便,必引正、監、掾史賢者,曰:「固為臣議,如上責臣,臣弗用,愚抵於此。」 罪常釋。 (聞)[閒]即奏事,上善之,曰:「臣非知為此奏,乃正、監、掾史某為之。」 其欲薦吏,揚人之善蔽人之過如此。 所治即上意所欲罪,予監史深禍者; 即上意所欲釋,與監史輕平者。 所治即豪,必舞文巧詆; 即下戶羸弱,時口言,雖文致法,上財察。 於是往往釋湯所言。 湯至於大吏,內行修也。 通賓客飲食。 於故人子弟為吏及貧昆弟,調護之尤厚。 其造請諸公,不避寒暑。 是以湯雖文深意忌不專平,然得此聲譽。 而刻深吏多為爪牙用者,依於文學之士。 丞相弘數稱其美。 及治淮南、衡山、江都反獄,皆窮根本。 嚴助及伍被,上欲釋之。 湯爭曰:「伍被本畫反謀,而助親幸出入禁闥爪牙臣,乃交私諸侯如此,弗誅,後不可治。」 於是上可論之。 其治獄所排大臣自為功,多此類。 於是湯益尊任,遷為御史大夫。
At that time, the emperor was turning toward Confucian learning. When Zhang Tang adjudicated major cases, he wished to buttress his judgments with classical precedent. He therefore requested that disciples of the Imperial Academy versed in the Documents and the Spring and Autumn Annals be appointed to the Commandant of Trials' office to help resolve doubtful points of law. When presenting doubtful cases for the imperial judgment, he always laid out the merits of the case for the emperor beforehand. Whatever the emperor approved, he would adopt and record as the Commandant of Trials' official ruling, thereby magnifying the emperor's sagacity. If a memorial drew the emperor's censure, Zhang Tang would at once apologize and defer to the imperial preference. He would invariably name his best clerks and supervisors, saying: "These men originally proposed this to me, but I failed to adopt their advice, and foolishly arrived at this result." In this way, his offenses were invariably forgiven. Conversely, when he submitted a memorial the emperor approved of, he would say: "I myself did not know how to compose this memorial. It was actually prepared by such-and-such a clerk or supervisor." Such was his method of recommending his subordinates — publicizing their merits and concealing their faults. When a case was one the emperor wished to see punished, he would assign it to the most ruthless of his supervisors and clerks; when the emperor wished to see a case dismissed, he would assign it to those who were lenient and fair-minded. When prosecuting the powerful, he invariably manipulated the letter of the law to craft ingenious accusations; When the accused were lowly and powerless, he would occasionally speak up for them. Even when the law could technically be invoked, the emperor would merely glance over the case. And so the emperor would often accept Zhang Tang's recommendations. By the time Zhang Tang had risen to high office, his private conduct appeared beyond reproach. He was lavish in entertaining guests with food and wine. He was especially generous in looking after the sons of old friends who served in office, as well as his own impoverished kinsmen. When calling upon the great ministers, he braved both the cold of winter and the heat of summer. For this reason, although Zhang Tang's legal interpretations were severe, his temperament jealous, and his judgments far from impartial, he nonetheless earned a fine reputation. The harsh officials who served as his trusted agents attached themselves to Confucian scholars for cover. Chancellor Gongsun Hong frequently praised his merits. When he handled the rebellion cases of Huainan, Hengshan, and Jiangdu, he pursued every last root of the conspiracies. In the cases of Yan Zhu and Wu Bei, the emperor wished to pardon them. Zhang Tang argued strenuously: "Wu Bei was the very architect of the rebellion plot, and Yan Zhu, a trusted intimate with access to the inner court, secretly consorted with the feudal lords. If they are not executed, there will be no governing the realm in the future." The emperor thereupon consented to their prosecution. In his handling of cases, he frequently brought down great ministers while claiming the credit himself. Many of his cases followed this pattern. As a result, Zhang Tang's prestige and authority grew, and he was promoted to the rank of Imperial Secretary.
18
會渾邪等降,漢大興兵伐匈奴,山東水旱,貧民流徙,皆仰給縣官,縣官空虛。 於是丞上指,請造白金及五銖錢,籠天下鹽鐵,排富商大賈,出告緡令,鉏豪彊并兼之家,舞文巧詆以輔法。 湯每朝奏事,語國家用,日晏,天子忘食。 丞相取充位,天下事皆決於湯。 百姓不安其生,騷動,縣官所興,未獲其利,姦吏并侵漁,於是痛繩以罪。 則自公卿以下,至於庶人,咸指湯。 湯嘗病,天子至自視病,其隆貴如此。
It happened that Hunye and other Xiongnu leaders surrendered, and the Han raised vast armies to campaign against the Xiongnu. Meanwhile, floods and droughts struck the lands east of the mountains, impoverished people became refugees, all dependent on the government for relief, and the state coffers were drained dry. Accordingly, acting on the emperor's wishes, Zhang Tang proposed the minting of white-metal coins and five-zhu coins, established state monopolies over salt and iron, suppressed the great merchants and traders, promulgated the decree requiring the reporting of concealed wealth, uprooted the powerful families who had been amassing estates, and twisted the letter of the law with ingenious accusations to enforce compliance. Whenever Zhang Tang attended court to present his proposals and discuss state finances, the discussions would stretch until late in the day, and the Son of Heaven would forget to eat. The Chancellor was reduced to a mere figurehead, and all the affairs of the realm were decided by Zhang Tang. The common people could find no peace and were in a state of upheaval. The government's new enterprises had not yet yielded any benefit, and corrupt officials exploited and plundered at every turn. In response, ever harsher punishments were imposed. From the highest ministers down to the humblest commoners, all pointed the finger at Zhang Tang. Once, when Zhang Tang fell ill, the Son of Heaven came in person to visit him at his sickbed — such was the height of his favor.
19
匈奴來請和親,群臣議上前。 博士狄山曰:「和親便。」 上問其便,山曰:「兵者凶器,未易數動。 高帝欲伐匈奴,大困平城,乃遂結和親。 孝惠、高后時,天下安樂。 及孝文帝欲事匈奴,北邊蕭然苦兵矣。 孝景時,吳楚七國反,景帝往來兩宮閒,寒心者數月。 吳楚已破,竟景帝不言兵,天下富實。 今自陛下舉兵擊匈奴,中國以空虛,邊民大困貧。 由此觀之,不如和親。」 上問湯,湯曰:「此愚儒,無知。」 狄山曰:「臣固愚忠,若御史大夫湯乃詐忠。 若湯之治淮南、江都,以深文痛詆諸侯,別疏骨肉,使蕃臣不自安。 臣固知湯之為詐忠。」 於是上作色曰:「吾使生居一郡,能無使虜入盜乎?」 曰:「不能。」 曰:「居一縣?」 對曰:「不能。」 復曰:「居一障閒?」 山自度辯窮且下吏,曰:「能。」 於是上遣山乘鄣。 至月餘,匈奴斬山頭而去。 自是以後,群臣震慴。
When the Xiongnu sent envoys to request a marriage alliance, the assembled ministers debated the matter before the emperor. The Academician Di Shan declared: "A marriage alliance is the advantageous course." The emperor asked why it was advantageous. Di Shan replied: "Weapons are instruments of ill omen, not to be set in motion lightly. Emperor Gao set out to crush the Xiongnu but was besieged at Pingcheng. He thereupon concluded a marriage alliance. During the reigns of Emperor Hui and Empress Dowager Gao, the realm was at peace and the people content. When Emperor Wen turned his attention to the Xiongnu, the northern frontier was left desolate, ravaged by the hardships of war. Under Emperor Jing, the seven kingdoms led by Wu and Chu rebelled. Emperor Jing paced between the two palaces, his heart gripped with dread for months on end. After Wu and Chu were crushed, Emperor Jing never again spoke of war for the remainder of his reign, and the realm grew wealthy and prosperous." Now, since Your Majesty raised armies against the Xiongnu, the interior of the empire has been drained dry, and the people of the frontier are impoverished and in dire distress. Viewed from this perspective, a marriage alliance is the better course." The emperor turned to Zhang Tang, who replied: "This is a foolish pedant who knows nothing." Di Shan shot back: "I may be foolishly loyal, but the Imperial Secretary Zhang Tang is loyal only in pretense. When Zhang Tang handled the cases of Huainan and Jiangdu, he used the harshest legal interpretations to viciously denounce the feudal lords, drove apart flesh and blood, and left the vassal lords unable to sleep in peace. I know perfectly well that Zhang Tang's loyalty is nothing but pretense." At this the emperor's face darkened. "If I were to station you in a commandery," he said, "could you prevent the barbarians from raiding?" Di Shan replied: "I could not." "What about a single county?" "I could not." "Then what about a single border fortress?" Di Shan, sensing his arguments were exhausted and he would next be handed over to the judicial officials, replied: "That I can do." The emperor thereupon dispatched Di Shan to man a border fortress. After little more than a month, the Xiongnu cut off Di Shan's head and rode away. From that time on, the assembled ministers were struck dumb with terror.
20
湯之客田甲,雖賈人,有賢操。 始湯為小吏時,與錢通,及湯為大吏,甲所以責湯行義過失,亦有烈士風。
Among Zhang Tang's associates was Tian Jia, who, though a merchant, was a man of upright character. In Zhang Tang's early days as a minor clerk, the two had financial dealings. After Zhang Tang rose to high office, Tian Jia would reproach him for lapses in moral conduct, displaying the spirit of a man of honor.
21
湯為御史大夫七歲,敗。
Zhang Tang served as Imperial Secretary for seven years before his downfall.
22
河東人李文嘗與湯有卻,已而為御史中丞,恚,數從中文書事有可以傷湯者,不能為地。 湯有所愛史魯謁居,知湯不平,使人上蜚變告文姦事,事下湯,湯治論殺文,而湯心知謁居為之。 上問曰:「言變事縱跡安起?」 湯詳驚曰:「此殆文故人怨之。」 謁居病臥閭里主人,湯自往視疾,為謁居摩足。 趙國以冶鑄為業,王數訟鐵官事,湯常排趙王。 趙王求湯陰事。 謁居嘗案趙王,趙王怨之,并上書告:「湯,大臣也,史謁居有病,湯至為摩足,疑與為大姦。」 事下廷尉。 謁居病死,事連其弟,弟系導官。 湯亦治他囚導官,見謁居弟,欲陰為之,而詳不省。 謁居弟弗知,怨湯,使人上書告湯與謁居謀,共變告李文。 事下減宣。 宣嘗與湯有卻,及得此事,窮竟其事,未奏也。 會人有盜發孝文園瘞錢,丞相青翟朝,與湯約俱謝,至前,湯念獨丞相以四時行園,當謝,湯無與也,不謝。 丞相謝,上使御史案其事。 湯欲致其文丞相見知,丞相患之。 三長史皆害湯,欲陷之。
Li Wen of Hedong had once had a quarrel with Zhang Tang. Later, after becoming Vice Censor, Li Wen nursed his grudge and repeatedly seized upon court documents and cases that could be used against Zhang Tang, leaving him no room to maneuver. Zhang Tang had a favored clerk named Lu Yeju who was aware of his resentment. Lu Yeju had someone submit an anonymous accusation of Li Wen's criminal activities. The case was referred to Zhang Tang, who tried and executed Li Wen — knowing perfectly well that Lu Yeju had engineered the whole affair. The emperor asked: "Where did this accusation and its evidence originate?" Zhang Tang feigned surprise and replied: "This must have been the work of old acquaintances of Li Wen who bore a grudge against him." When Lu Yeju fell ill and lay bedridden at a neighbor's house, Zhang Tang personally went to visit him and even massaged his feet. The kingdom of Zhao relied on smelting and casting as its livelihood. The king frequently brought suit over matters involving the iron offices, and Zhang Tang consistently ruled against him. The King of Zhao set about uncovering Zhang Tang's secret misdeeds. Lu Yeju had once investigated the King of Zhao, and the king bore him a grudge. He submitted a memorial: "Zhang Tang is a great minister, yet when his clerk Lu Yeju fell ill, Zhang Tang went so far as to massage his feet. I suspect they are conspiring together in some grave crime." The case was referred to the Commandant of Trials. Lu Yeju died of his illness, but the case implicated his younger brother, who was arrested and held in the grain-processing office. Zhang Tang happened to be handling other prisoners at the grain-processing office. He saw Lu Yeju's brother and wished to secretly assist him, but pretended not to know who he was. Lu Yeju's brother, unaware of Zhang Tang's intentions, bore a grudge against him and had someone submit a memorial accusing Zhang Tang of conspiring with Lu Yeju to fabricate the case against Li Wen. The case was referred to Jian Xuan for investigation. Jian Xuan had once had a quarrel with Zhang Tang. Upon receiving this case, he pursued the investigation to its fullest, though he had not yet submitted his report. It happened that someone had stolen the burial money from Emperor Wen's funerary park. At court, Chancellor Qingdi had agreed with Zhang Tang that they would both take responsibility. But when the moment came, Zhang Tang reflected that only the Chancellor was responsible for the seasonal inspections of the park, and that he himself had no part in it. So he refused to apologize. The Chancellor apologized alone, and the emperor ordered the Censors to investigate. Zhang Tang sought to use the "obligation to report" statute to implicate the Chancellor. The Chancellor was deeply alarmed. The three Senior Clerks all bore grudges against Zhang Tang and wished to bring about his downfall.
23
始長史朱買臣,會稽人也。 讀春秋。 莊助使人言買臣,買臣以楚辭與助俱幸,侍中,為太中大夫,用事; 而湯乃為小吏,跪伏使買臣等前。 已而湯為廷尉,治淮南獄,排擠莊助,買臣固心望。 及湯為御史大夫,買臣以會稽守為主爵都尉,列於九卿。 數年,坐法廢,守長史,見湯,湯坐床上,丞史遇買臣弗為禮。 買臣楚士,深怨,常欲死之。 王朝,齊人也。 以術至右內史。 邊通,學長短,剛暴彊人也,官再至濟南相。 故皆居湯右,已而失官,守長史,詘體於湯。 湯數行丞相事,知此三長史素貴,常淩折之。 以故三長史合謀曰:「始湯約與君謝,已而賣君; 今欲劾君以宗廟事,此欲代君耳。 吾知湯陰事。」 使吏捕案湯左田信等,曰湯且欲奏請,信輒先知之,居物致富,與湯分之,及他姦事。 事辭頗聞。 上問湯曰:「吾所為,賈人輒先知之,益居其物,是類有以吾謀告之者。」 湯不謝。 湯又詳驚曰:「固宜有。」 減宣亦奏謁居等事。 天子果以湯懷詐面欺,使使八輩簿責湯。 湯具自道無此,不服。 於是上使趙禹責湯。 禹至,讓湯曰:「君何不知分也。 君所治夷滅者幾何人矣? 今人言君皆有狀,天子重致君獄,欲令君自為計,何多以對簿為?」 湯乃為書謝曰:「湯無尺寸功,起刀筆吏,陛下幸致為三公,無以塞責。 然謀陷湯罪者,三長史也。」 遂自殺。
The first of the Senior Clerks was Zhu Maichen, a native of Kuaiji. He was a student of the Spring and Autumn Annals. Zhuang Zhu had someone recommend Zhu Maichen to the emperor. On the strength of his mastery of the Songs of Chu, Zhu Maichen rose in favor alongside Zhuang Zhu, serving as an Attendant within the Palace and then as Grand Palace Grandee, wielding considerable influence. In those days, Zhang Tang was still a lowly clerk, kneeling and prostrating himself to let Zhu Maichen and his like pass before him. Later, when Zhang Tang became Commandant of Trials and took charge of the Huainan case, he brought about the downfall of Zhuang Zhu. Zhu Maichen, who had long nursed his resentment, was aggrieved. By the time Zhang Tang became Imperial Secretary, Zhu Maichen had advanced from being Governor of Kuaiji to serving as Commandant of Bestowing Nobility, ranked among the Nine Ministers. After several years, Zhu Maichen was dismissed for a legal offense and reduced to serving as a Senior Clerk. When he called upon Zhang Tang, Tang remained seated on his couch, and his assistant clerks treated Zhu Maichen without the least courtesy. Zhu Maichen, a proud man of Chu, nursed a bitter grudge and constantly wished for Zhang Tang's destruction. Wang Chao was a native of Qi. Through political maneuvering, he had risen to the rank of Right Prefect of the Capital. Bian Tong, a student of the arts of strategic persuasion, was a forceful, violent, and headstrong man who had twice served as Chancellor of Jinan. All three had formerly ranked above Zhang Tang, but after losing their positions, they were reduced to serving as Senior Clerks and had to humble themselves before him. Zhang Tang frequently acted in the Chancellor's stead and, knowing that these three men had once held distinguished rank, constantly humiliated and demeaned them. The three Senior Clerks therefore conspired together and said to the Chancellor: "At first Zhang Tang agreed to apologize alongside you, but then he betrayed you. Now he means to impeach you over the ancestral temple affair — he simply wants to take your place. We know Zhang Tang's secret misdeeds." They dispatched officials to arrest and investigate Zhang Tang's associate Tian Xin and others, alleging that whenever Zhang Tang was about to submit a policy memorial, Tian Xin would learn of it in advance, corner the relevant goods to enrich himself, and split the profits with Zhang Tang — along with other criminal dealings. The details of the case became widely known. The emperor confronted Zhang Tang: "Whatever policy I adopt, the merchants always learn of it in advance and corner the relevant goods. It appears that someone is leaking my plans to them." Zhang Tang offered no apology. Instead, he feigned surprise and said: "There must surely be such a person." At the same time, Jian Xuan submitted his report on the Lu Yeju affair. The Son of Heaven concluded that Zhang Tang had indeed harbored deceit and lied to his face. He dispatched eight successive envoys to interrogate Zhang Tang with documentary evidence. Zhang Tang gave a detailed denial of the charges and refused to confess. The emperor thereupon sent Zhao Yu to confront Zhang Tang. When Zhao Yu arrived, he rebuked Zhang Tang: "Why do you not understand your situation? How many men have you investigated and destroyed? Now the accusations against you are all substantiated. The Son of Heaven finds it difficult to subject you to a trial and wishes you to settle the matter yourself. Why insist on dragging this out at a formal hearing?" Zhang Tang then wrote a letter of final apology: "I, Zhang Tang, have not an inch of merit to my name. Rising from a petty clerk, I was graced by Your Majesty with elevation to the Three Excellencies. I have nothing with which to answer for my failings. Yet those who conspired to entrap me are the three Senior Clerks." And with that, he took his own life.
24
湯死,家產直不過五百金,皆所得奉賜,無他業。 昆弟諸子欲厚葬湯,湯母曰:「湯為天子大臣,被汙惡言而死,何厚葬乎!」 載以牛車,有棺無槨。 天子聞之,曰:「非此母不能生此子。」 乃盡案誅三長史。 丞相青翟自殺。 出田信。 上惜湯。 稍遷其子安世。
When Zhang Tang died, his family's entire estate was worth no more than five hundred catties of gold — all of it from his official salary and imperial gifts, with no other source of income. His brothers and sons wished to give him a lavish burial, but Zhang Tang's mother said: "Zhang Tang was a great minister of the Son of Heaven, yet he died under the stain of vile accusations. What need is there for a lavish burial?" He was carried to his grave on an ox-cart, with an inner coffin but no outer. When the Son of Heaven heard of this, he remarked: "Only such a mother could have borne such a son." He then had all three Senior Clerks investigated and executed. Chancellor Qingdi took his own life. Tian Xin was released from custody. The emperor mourned Zhang Tang's loss. The emperor gradually promoted Zhang Tang's son, Zhang Anshi.
25
趙禹中廢,已而為廷尉。 始條侯以為禹賊深,弗任。 及禹為少府,比九卿。 禹酷急,至晚節,事益多,吏務為嚴峻,而禹治加緩,而名為平。 王溫舒等后起,治酷於禹。 禹以老,徙為燕相。 數歲,亂悖有罪,免歸。 後湯十餘年,以壽卒于家。
Zhao Yu fell from office for a time but was subsequently appointed Commandant of Trials. Previously, the Marquis of Tiao had judged Zhao Yu dangerously severe and had refused to promote him. When Zhao Yu became Privy Treasurer, he at last ranked among the Nine Ministers. Zhao Yu had always been harsh and exacting. But in his later years, as affairs multiplied and officials competed in severity, his own governance grew comparatively lenient, and he came to be known for his fairness. Wang Wenshu and others who came after him governed with a cruelty that far exceeded Zhao Yu's. In his old age, Zhao Yu was transferred to the post of Chancellor of Yan. After several years, he was found guilty of misconduct, dismissed, and sent home. More than ten years after Zhang Tang's death, Zhao Yu died of old age at home.
26
義縱者,河東人也。 為少年時,嘗與張次公俱攻剽為群盜。 縱有姊姁,以醫幸王太后。 王太后問:「有子兄弟為官者乎?」 姊曰:「有弟無行,不可。」 太后乃告上,拜義姁弟縱為中郎,補上黨郡中令。 治敢行,少蘊藉,縣無逋事,舉為第一。 遷為長陵及長安令,直法行治,不避貴戚。 以捕案太后外孫修成君子仲,上以為能,遷為河內都尉。 至則族滅其豪穰氏之屬,河內道不拾遺。 而張次公亦為郎,以勇悍從軍,敢深入,有功,為岸頭侯。
Yi Zong was a native of Hedong. In his youth, he had joined Zhang Cigong in raiding and plundering as part of a bandit gang. Yi Zong had an elder sister named Xu who won the favor of Empress Dowager Wang through her skill as a physician. Empress Dowager Wang asked her: "Do you have any sons or brothers serving in office?" Her sister replied: "I have a younger brother, but he is of bad character. He would not be suitable." The Empress Dowager spoke to the emperor, who appointed Xu's younger brother, Yi Zong, as a Gentleman of the Palace and assigned him as a county magistrate in Shangdang Commandery. His governance was bold and decisive, with little room for leniency. The county had no backlog of cases, and he was rated first among his peers. He was promoted to Magistrate of Changling and then of Chang'an, enforcing the law without compromise and sparing neither the noble nor the wellborn. When he arrested and prosecuted Zhong, the son of Lord Xiucheng and grandson of the Empress Dowager through her daughter, the emperor was impressed by his boldness and promoted him to Commandant of Henei. Upon his arrival, he wiped out the powerful Rang clan and their associates. On the roads of Henei, no one so much as picked up what others had dropped. Meanwhile, Zhang Cigong likewise served as a Gentleman. Through his bravery and ferocity on campaign, daring to press deep into enemy territory, he won distinction and was enfeoffed as the Marquis of Antou.
27
寧成家居,上欲以為郡守。 御史大夫弘曰:「臣居山東為小吏時,寧成為濟南都尉,其治如狼牧羊。 成不可使治民。」 上乃拜成為關都尉。 歲餘,關東吏隸郡國出入關者,號曰「寧見乳虎,無值寧成之怒」。 義縱自河內遷為南陽太守,聞寧成家居南陽,及縱至關,寧成側行送迎,然縱氣盛,弗為禮。 至郡,遂案寧氏,盡破碎其家。 成坐有罪,及孔、暴之屬皆奔亡,南陽吏民重足一跡。 而平氏朱彊、杜衍、杜周為縱牙爪之吏,任用,遷為廷史。 軍數出定襄,定襄吏民亂敗,於是徙縱為定襄太守。 縱至,掩定襄獄中重罪輕系二百餘人,及賓客昆弟私入相視亦二百餘人。 縱一捕鞠,曰「為死罪解脫」。 是日皆報殺四百餘人。 其后郡中不寒而栗,猾民佐吏為治。
Ning Cheng was at that time living in retirement, and the emperor wished to appoint him as a commandery governor. Imperial Secretary Gongsun Hong objected: "When I was a minor official east of the mountains, Ning Cheng was Commandant of Jinan. His governance was like a wolf set to herd sheep. Ning Cheng must not be placed in charge of the people." The emperor therefore appointed Ning Cheng as Commandant of the Pass instead. After a little over a year, the officials and commoners from the eastern commanderies passing through the pass had a saying: "Better to face a tigress nursing her cubs than to cross Ning Cheng in a rage." Yi Zong was transferred from Henei to serve as Grand Administrator of Nanyang. He had heard that Ning Cheng was living in Nanyang. When Yi Zong passed through the gate, Ning Cheng sidled up to welcome and escort him, but Yi Zong, full of high spirits, showed him no courtesy. Upon reaching the commandery, he launched an investigation of the Ning clan and utterly destroyed their household. Ning Cheng was convicted of crimes, and the Kong and Bao clans and their associates all fled. The officials and people of Nanyang walked on tiptoe, scarcely daring to breathe. Zhu Qiang of Pingshi, Du Yan, and Du Zhou served as Yi Zong's trusted enforcers. They were appointed to positions of authority and later promoted to Court Clerks. The army had launched several campaigns from Dingxiang, and the officials and people there had fallen into disorder. Yi Zong was therefore transferred to serve as Grand Administrator of Dingxiang. Upon his arrival, Yi Zong rounded up over two hundred prisoners in Dingxiang who had committed serious crimes but were only lightly detained, along with over two hundred friends and relatives who had slipped into the prison to visit them. He arrested and tried them all in a single sweep, charging them with "aiding the escape of capital criminals." On that single day, over four hundred people were sentenced and put to death. Afterward, the entire commandery trembled though it was not cold, and even the most cunning of the populace rushed to assist the officials in keeping order.
28
是時趙禹、張湯以深刻為九卿矣,然其治尚寬,輔法而行,而縱以鷹擊毛摯為治。 后會五銖錢白金起,民為姦,京師尤甚,乃以縱為右內史,王溫舒為中尉。 溫舒至惡,其所為不先言縱,縱必以氣淩之,敗壞其功。 其治,所誅殺甚多,然取為小治,姦益不勝,直指始出矣。 吏之治以斬殺縛束為務,閻奉以惡用矣。 縱廉,其治放郅都。 上幸鼎湖,病久,已而卒起幸甘泉,道多不治。 上怒曰:「縱以我為不復行此道乎?」 嗛之。 至冬,楊可方受告緡,縱以為此亂民,部吏捕其為可使者。 天子聞,使杜式治,以為廢格沮事,棄縱市。 後一歲,張湯亦死。
By this time, Zhao Yu and Zhang Tang had already risen to the rank of the Nine Ministers through their severe methods, yet their governance was comparatively moderate, using the law as a guide. Yi Zong, however, governed like a hawk swooping down upon its prey. Later, with the introduction of the five-zhu coin and the white-metal currency, the people turned to crime — particularly in the capital. Yi Zong was thereupon appointed Right Prefect of the Capital, and Wang Wenshu was made Commandant of Justice. Wang Wenshu was extremely ruthless. Whenever he took action without first consulting Yi Zong, Yi Zong would invariably pull rank on him and sabotage his efforts. Under their governance, the number of those executed was enormous, yet they achieved only a semblance of order. Crime continued to multiply beyond control, and it was at this time that the system of Imperial Commissioners was first established. Officials made execution, slaughter, and imprisonment their chief business. Yan Feng was put to use precisely for his cruelty. Yi Zong was incorruptible, and his style of governance echoed that of Zhi Du. The emperor visited the Dinghu Palace and fell ill for an extended period. When he eventually recovered and set out for the Ganquan Palace, he found much of the road in disrepair. The emperor said in fury: "Does Yi Zong think I shall never travel this road again?" He bore a grudge against him from that moment. When winter came, Yang Ke was collecting reports of concealed wealth. Yi Zong considered this a disruption to the people and dispatched his officials to arrest those serving as Yang Ke's agents. When the Son of Heaven heard of this, he sent Du Shi to investigate. Yi Zong was found guilty of obstructing and sabotaging state affairs and was executed in the marketplace. A year later, Zhang Tang likewise met his end.
29
王溫舒者,陽陵人也。 少時椎埋為姦。 已而試補縣亭長,數廢。 為吏,以治獄至廷史。 事張湯,遷為御史。 督盜賊,殺傷甚多,稍遷至廣平都尉。 擇郡中豪敢任吏十餘人,以為爪牙,皆把其陰重罪,而縱使督盜賊,快其意所欲得。 此人雖有百罪,弗法; 即有避,因其事夷之,亦滅宗。 以其故齊趙之郊盜賊不敢近廣平,廣平聲為道不拾遺。 上聞,遷為河內太守。
Wang Wenshu was a native of Yangling. In his youth, he robbed graves for a living. Later he was appointed as a district head on a trial basis, but was dismissed several times. As an official, he rose through handling legal cases to the rank of Court Clerk. He served under Zhang Tang and was promoted to Censor. He oversaw the suppression of bandits and thieves, killing and wounding a great many. He was gradually promoted to Commandant of Guangping. He selected over ten bold and capable men from among the local strongmen of the commandery to serve as his enforcers. He held evidence of their secret crimes and turned them loose to suppress bandits and thieves, letting them indulge their every desire. Even if these men committed a hundred crimes, he would not prosecute them; but if any tried to evade his orders, he would use the evidence against them to destroy them, wiping out their entire clan. As a result, the bandits of the Qi and Zhao borderlands dared not venture near Guangping, and the commandery gained the reputation that not a thing was picked up from its roads. When the emperor heard of this, he promoted Wang Wenshu to Grand Administrator of Henei.
30
素居廣平時,皆知河內豪姦之家,及往,九月而至。 令郡具私馬五十匹,為驛自河內至長安,部吏如居廣平時方略,捕郡中豪猾,郡中豪猾相連坐千餘家。 上書請,大者至族,小者乃死,家盡沒入償臧。 奏行不過二三日,得可事。 論報,至流血十餘里。 河內皆怪其奏,以為神速。 盡十二月,郡中毋聲,毋敢夜行,野無犬吠之盜。 其頗不得,失之旁郡國,黎來,會春,溫舒頓足嘆曰:「嗟乎,令冬月益展一月,足吾事矣!」 其好殺伐行威不愛人如此。 天子聞之,以為能,遷為中尉。 其治復放河內,徙諸名禍猾吏與從事,河內則楊皆、麻戊,關中楊贛、成信等。 義縱為內史,憚未敢恣治。 及縱死,張湯敗後,徙為廷尉,而尹齊為中尉。
During his time in Guangping, he had already identified all the powerful criminal families in Henei. He set out for his new post and arrived in the ninth month. He ordered the commandery to furnish fifty private horses and established a relay post from Henei to Chang'an. He deployed his officials using the same tactics as in Guangping and arrested the powerful and lawless families of the commandery. Over a thousand families were implicated through the system of collective guilt. He memorialized the emperor requesting that the worst offenders be executed along with their entire clans, the lesser offenders put to death, and all their family property confiscated to make restitution. His memorials reached the capital in no more than two or three days and received prompt approval. When the sentences were carried out, blood flowed for more than ten li. All of Henei marveled at the speed with which his memorials were answered, calling it supernaturally swift. By the end of the twelfth month, the commandery had fallen silent. No one dared go out at night, and in the countryside there were not even thieves for the dogs to bark at. Some of the fugitives escaped to neighboring commanderies and kingdoms. When spring arrived, Wang Wenshu stamped his feet and sighed: "Alas! If only winter had lasted one month longer, I could have finished the job!" Such was his love of killing and wielding authority, with no regard for human life. The Son of Heaven, hearing of this and considering him capable, promoted him to Commandant of Justice. His methods followed the same pattern as in Henei. He transferred notorious and ruthless officials to serve under him — from Henei came Yang Jie and Ma Wu; from within the passes, Yang Gan and Cheng Xin, among others. Yi Zong was at that time serving as Prefect of the Capital, and Wang Wenshu, fearing him, did not yet dare give free rein to his methods. After Yi Zong's death and Zhang Tang's disgrace, Wang Wenshu was transferred to the post of Commandant of Trials, while Yin Qi became Commandant of Justice.
31
尹齊者,東郡茌平人。 以刀筆稍遷至御史。 事張湯,張湯數稱以為廉武,使督盜賊,所斬伐不避貴戚。 遷為關內都尉,聲甚於寧成。 上以為能,遷為中尉,吏民益凋敝。 尹齊木彊少文,豪惡吏伏匿而善吏不能為治,以故事多廢,抵罪。 上復徙溫舒為中尉,而楊仆以嚴酷為主爵都尉。
Yin Qi was a native of Chiping in Dong Commandery. Through his clerical work, he was gradually promoted to the rank of Censor. He served under Zhang Tang, who frequently praised him for his integrity and forcefulness and assigned him to suppress bandits and thieves. In carrying out executions, he spared neither the noble nor the wellborn. He was promoted to Commandant of Guannei, where his fearsome reputation surpassed even that of Ning Cheng. The emperor considered him capable and promoted him to Commandant of Justice. Under his rule, the officials and people grew ever more wretched and broken. Yin Qi was rigid and lacking in finesse. The powerful and corrupt officials went into hiding, while honest officials found themselves unable to govern effectively. As a result, many matters fell through, and Yin Qi was convicted of offenses. The emperor once again transferred Wang Wenshu to the post of Commandant of Justice, while Yang Pu, known for his severity and cruelty, was appointed Commandant of Bestowing Nobility.
32
楊仆者,宜陽人也。 以千夫為吏。 河南守案舉以為能,遷為御史,使督盜賊關東。 治放尹齊,以為敢摯行。 稍遷至主爵都尉,列九卿。 天子以為能。 南越反,拜為樓船將軍,有功,封將梁侯。 為荀彘所縛。 居久之,病死。
Yang Pu was a native of Yiyang. He entered government service through the military rank of a Thousand-man. The Governor of Henan examined his record, recommended him as capable, and he was promoted to Censor and assigned to suppress bandits and thieves east of the passes. His methods of governance resembled those of Yin Qi; he was considered bold and resolute in action. He was gradually promoted to the rank of Commandant of Bestowing Nobility, joining the Nine Ministers. The Son of Heaven considered him a man of ability. When Nanyue rebelled, he was appointed General of the Towered Ships. He distinguished himself in the campaign and was enfeoffed as the Marquis of Jiangliang. He was arrested and bound by Xun Zhi. Some time later, he died of illness.
33
而溫舒復為中尉。 為人少文,居廷惛惛不辯,至於中尉則心開。 督盜賊,素習關中俗,知豪惡吏,豪惡吏盡復為用,為方略。 吏苛察,盜賊惡少年投缿購告言姦,置伯格長以牧司姦盜賊。 溫舒為人讇善事有埶者; 即無埶者,視之如奴。 有埶家,雖有姦如山,弗犯; 無埶者,貴戚必侵辱。 舞文巧詆下戶之猾,以熏大豪。 其治中尉如此。 姦猾窮治,大抵盡靡爛獄中,行論無出者。 其爪牙吏虎而冠。 於是中尉部中中猾以下皆伏,有勢者為游聲譽,稱治。 治數歲,其吏多以權富。
Wang Wenshu was once again appointed Commandant of Justice. He was a man of little refinement. At court he appeared dull and tongue-tied, but once in the role of Commandant of Justice, his mind came fully alive. In suppressing bandits and thieves, he drew on his long familiarity with the customs of the Guanzhong region and his knowledge of the local strongmen and corrupt officials. He put all these men back to work as agents in his schemes. His officials conducted rigorous investigations. Young toughs and petty thieves dropped denunciations into the bounty boxes, informing on criminals. He appointed patrol leaders throughout the districts to monitor and track down criminals, bandits, and thieves. Wang Wenshu was by nature a flatterer who curried favor with those in power; those without power he treated like slaves. The crimes of powerful families might be piled high as mountains, yet he would not touch them; but those without power, even if they were of noble birth, he invariably oppressed and humiliated. He twisted the law to craft ingenious accusations against the petty swindlers among the poor, using them to strike fear into the great and powerful. Such was his manner of governing as Commandant of Justice. Those he deemed cunning and lawless were prosecuted to the bitter end. Nearly all of them rotted away in prison, and of those sentenced, not one emerged alive. His enforcer-officials were tigers wearing the caps of men. Within the Commandant's jurisdiction, all the middling and petty criminals were cowed into submission. The powerful, meanwhile, spread favorable reports of his reputation and praised his governance. After several years of his rule, many of his officials grew wealthy through the power they wielded.
34
溫舒擊東越還,議有不中意者,坐小法抵罪免。 是時天子方欲作通天臺而未有人,溫舒請覆中尉脫卒,得數萬人作。 上說,拜為少府。 徙為右內史,治如其故,姦邪少禁。 坐法失官。 復為右輔,行中尉事。 如故操。
When Wang Wenshu returned from the campaign against the Eastern Yue, certain of his proposals displeased the emperor. He was convicted of a minor legal infraction and dismissed from office. At that time, the Son of Heaven wished to build the Tower Reaching to Heaven but lacked the labor force. Wang Wenshu proposed reviewing the Commandant's military rolls for deserters and managed to round up tens of thousands of men to put to work. The emperor was delighted and appointed him Privy Treasurer. He was transferred to the post of Right Prefect of the Capital. He governed in his usual fashion, and crime was scarcely kept in check. He was convicted of a legal offense and stripped of his post. He was reappointed as Right Assistant and given charge of the Commandant of Justice's duties. He carried on exactly as before.
35
歲餘,會宛軍發,詔徵豪吏,溫舒匿其吏華成,及人有變告溫舒受員騎錢,他姦利事,罪至族,自殺。 其時兩弟及兩婚家亦各自坐他罪而族。 光祿徐自為曰:「悲夫,夫古有三族,而王溫舒罪至同時而五族乎!」
After about a year, when the army was dispatched against Dayuan, an imperial edict summoned powerful officials for service. Wang Wenshu concealed his subordinate Hua Cheng from the call-up. Then someone submitted an accusation that Wang Wenshu had accepted bribes from cavalrymen, along with other corrupt dealings. His crimes warranted the execution of his entire clan, and he took his own life. At the same time, his two brothers and the families of two in-laws were each independently convicted of separate crimes and had their clans wiped out. The Counselor of the Palace, Xu Ziwei, remarked: "How tragic! In ancient times, the punishment of the three clans was considered extreme. Yet Wang Wenshu's crimes brought about the simultaneous destruction of five clans!"
36
溫舒死,家直累千金。 後數歲,尹齊亦以淮陽都尉病死,家直不滿五十金。 所誅滅淮陽甚多,及死,仇家欲燒其尸,尸亡去歸葬。
When Wang Wenshu died, his family estate was worth several thousand catties of gold. Several years later, Yin Qi likewise died of illness while serving as Commandant of Huaiyang. His family estate was worth less than fifty catties of gold. He had put a great many people to death in Huaiyang, and upon his death, the families of his victims wanted to burn his corpse. The body had to be spirited away and taken back in secret for burial.
37
自溫舒等以惡為治,而郡守、都尉、諸侯二千石欲為治者,其治大抵盡放溫舒,而吏民益輕犯法,盜賊滋起。 南陽有梅免、白政,楚有殷中、杜少,齊有徐勃,燕趙之閒有堅盧、范生之屬。 大群至數千人,擅自號,攻城邑,取庫兵,釋死罪,縛辱郡太守、都尉,殺二千石,為檄告縣趣具食; 小群以百數,掠鹵鄉里者,不可勝數也。 於是天子始使御史中丞、丞相長史督之。 猶弗能禁也,乃使光祿大夫范昆、諸輔都尉及故九卿張德等衣繡衣,持節,虎符發兵以興擊,斬首大部或至萬餘級,及以法誅通飲食,坐連諸郡,甚者數千人。 數歲,乃頗得其渠率。 散卒失亡,復聚黨阻山川者,往往而群居,無可柰何。 於是作「沈命法」,曰群盜起不發覺,發覺而捕弗滿品者,二千石以下至小吏主者皆死。 其後小吏畏誅,雖有盜不敢發,恐不能得,坐課累府,府亦使其不言。 故盜賊寖多,上下相為匿,以文辭避法焉。
After Wang Wenshu and his ilk made cruelty their governing principle, the commandery governors, commandants, and officials of two-thousand-picul rank throughout the feudal kingdoms who aspired to effective governance all modeled themselves on Wang Wenshu. Yet officials and common people alike grew ever more contemptuous of the law, and bandits and thieves multiplied. In Nanyang there arose Mei Mian and Bai Zheng; in Chu, Yin Zhong and Du Shao; in Qi, Xu Bo; and in the lands between Yan and Zhao, Jian Lu, Fan Sheng, and their kind. The largest bands numbered in the thousands. They assumed their own titles, assaulted cities and towns, seized weapons from the armories, freed condemned prisoners, bound and humiliated the Grand Administrators and Commandants, killed officials of two-thousand-picul rank, and issued proclamations ordering the counties to provide them with food. The smaller bands numbered in the hundreds, and those who plundered the villages and countryside were beyond counting. The Son of Heaven first dispatched the Vice Censor and the Chancellor's Senior Clerk to oversee the suppression efforts. Yet still they could not suppress the disorder. The emperor then dispatched the Counselor Grandee Fan Kun, the various Assistant Commandants, and the former Nine Minister Zhang De — all wearing embroidered garments and bearing the imperial tally and tiger tallies — to mobilize troops and launch attacks. In the major campaigns, more than ten thousand heads were sometimes taken. Those executed under the law for harboring or providing food to the bandits, along with those implicated through collective guilt across the commanderies, numbered in the thousands. After several years, the ringleaders were at last captured. Scattered soldiers and fugitives would regroup, form new bands, and take refuge among the mountains and rivers, gathering together everywhere. Nothing could be done about them. Thereupon the "Law of Sunken Fates" was enacted, which decreed that if bandit gangs arose and went undetected, or were detected but not captured in the required numbers, all officials responsible — from those of two-thousand-picul rank down to the humblest clerk — would be put to death. After this, minor officials feared for their lives and dared not report bandits even when they knew of them, lest they fail to meet their capture quotas and be punished. The higher offices, in turn, instructed them to keep silent. As a result, bandits and thieves multiplied. Officials at every level covered for one another and used the letter of the law to evade its enforcement.
38
減宣者,楊人也。 以佐史無害給事河東守府。 衛將軍青使買馬河東,見宣無害,言上,徵為大廐丞。 官事辨,稍遷至御史及中丞。 使治主父偃及治淮南反獄,所以微文深詆,殺者甚眾,稱為敢決疑。 數廢數起,為御史及中丞者幾二十歲。 王溫舒免中尉,而宣為左內史。 其治米鹽,事大小皆關其手,自部署縣名曹實物,官吏令丞不得擅搖,痛以重法繩之。 居官數年,一切郡中為小治辨,然獨宣以小致大,能因力行之,難以為經。 中廢。 為右扶風,坐怨成信,信亡藏上林中,宣使郿令格殺信,吏卒格信時,射中上林苑門,宣下吏詆罪,以為大逆,當族,自殺。 而杜周任用。
Jian Xuan was a native of Yang. On account of his ability as an Assistant Clerk, he was assigned to serve in the Governor's office in Hedong. General-in-Chief Wei Qing, on a mission to purchase horses in Hedong, noticed Jian Xuan's ability and recommended him to the emperor. He was summoned to the capital to serve as Vice Director of the Imperial Stables. He proved efficient in handling official affairs and was gradually promoted to Censor and then Vice Censor. He was assigned to handle the case of Zhufu Yan and the Huainan rebellion case. Through subtle legal manipulation and severe accusations, he put a great many to death and earned the reputation of being bold in resolving doubtful cases. He was dismissed and reinstated several times, serving as Censor and Vice Censor for nearly twenty years in all. When Wang Wenshu was dismissed from the post of Commandant of Justice, Jian Xuan was appointed Left Prefect of the Capital. His governance was meticulous to the last detail. Affairs both great and small all passed through his own hands. He personally organized the county departments and their inventories, forbade every official from county magistrate to clerk from acting independently, and bound them all with the harshest laws. After several years in office, the entire commandery achieved a measure of order and efficiency. Yet only Jian Xuan's personal force of will could build so much from so little — it was a system impossible to sustain as a permanent model. He was eventually dismissed. While serving as Right Fufeng, he bore a grudge against Cheng Xin. When Cheng Xin fled and hid in the Shanglin Park, Jian Xuan ordered the Magistrate of Mei to hunt him down and kill him. In the fighting, the soldiers' arrows struck the gate of the Shanglin Park. Jian Xuan was turned over to the judicial officials and charged with a capital crime — deemed guilty of high treason, warranting the execution of his entire clan. He took his own life. Meanwhile, Du Zhou rose to prominence.
39
杜周者,南陽杜衍人。 義縱為南陽守,以為爪牙,舉為廷尉史。 事張湯,湯數言其無害,至御史。 使案邊失亡,所論殺甚眾。 奏事中上意,任用,與減宣相編,更為中丞十餘歲。
Du Zhou was a native of Duyan in Nanyang. When Yi Zong served as Governor of Nanyang, he used Du Zhou as one of his enforcers and recommended him for the position of Clerk to the Commandant of Trials. He served under Zhang Tang, who frequently commended his ability. He was promoted to the rank of Censor. He was dispatched to investigate losses and desertions on the frontier. The number he prosecuted and put to death was enormous. His memorials consistently met with the emperor's approval. He was given increasing responsibilities and, alternating with Jian Xuan, served as Vice Censor for over ten years.
40
其治與宣相放,然重遲,外寬,內深次骨。 宣為左內史,周為廷尉,其治大放張湯而善候伺。 上所欲擠者,因而陷之; 上所欲釋者,久系待問而微見其冤狀。 客有讓周曰:「君為天子決平,不循三尺法,專以人主意指為獄。 獄者固如是乎?」 周曰:「三尺安出哉? 前主所是著為律,後主所是疏為令,當時為是,何古之法乎!」
His methods of governance resembled Jian Xuan's, yet he was deliberate and unhurried. Outwardly he appeared lenient, but inwardly his severity cut to the bone. When Jian Xuan served as Left Prefect of the Capital and Du Zhou as Commandant of Trials, Du Zhou's methods largely followed Zhang Tang's example, though he excelled above all in watching and waiting. Whomever the emperor wished to destroy, he would duly entrap; whomever the emperor wished to release, he would hold in prison for a long time under the pretense of continued investigation, then subtly bring to light the signs of their innocence. A guest once rebuked Du Zhou: "You adjudicate cases on behalf of the Son of Heaven, yet you do not follow the three-foot tablets of the law, but decide cases solely according to the ruler's wishes. Is this truly how justice should be administered?" Du Zhou replied: "And where do you suppose those three-foot laws come from? What the former ruler approved was written into statute; what the present ruler approves is issued as decree. What matters is what the ruler deems right at the time. What need is there for ancient laws?"
41
至周為廷尉,詔獄亦益多矣。 二千石系者新故相因,不減百餘人。 郡吏大府舉之廷尉,一歲至千餘章。 章大者連逮證案數百,小者數十人; 遠者數千,近者數百里。 會獄,吏因責如章告劾,不服,以笞掠定之。 於是聞有逮皆亡匿。 獄久者至更數赦十有餘歲而相告言,大抵盡詆以不道以上。 廷尉及中都官詔獄逮至六七萬人,吏所增加十萬餘人。
By the time Du Zhou served as Commandant of Trials, the number of cases initiated by imperial decree had grown enormously. Among the imprisoned officials with salaries of two thousand shi, old and new cases overlapped endlessly, and the count never fell below a hundred. Commandery officials and the great prefectures referred cases to the Commandant of Trials, and the number reached over a thousand in a single year. In the major cases, several hundred people were arrested and investigated as connected parties; in the minor ones, several dozen; suspects were summoned from as far as several thousand li away, and the nearest from several hundred. When the prisoners were gathered for trial, the officials pressed charges according to the original accusations. If anyone refused to confess, they were beaten and flogged until they submitted. And so, anyone who heard that arrests were coming would flee and go into hiding. The longest-held prisoners languished through several amnesties over more than ten years, continuing to denounce one another. Most were ultimately charged with crimes of "violating the Way" or worse. The Commandant of Trials and the central government offices arrested sixty to seventy thousand people under imperial decree; supplementary arrests by officials swelled the total to over a hundred thousand.
42
周中廢,後為執金時,逐盜,捕治桑弘羊、衛皇后昆弟子刻深,天子以為盡力無私,遷為御史大夫。 家兩子,夾河為守。 其治暴酷皆甚於王溫舒等矣。 杜周初徵為廷史,有一馬,且不全; 及身久任事,至三公列,子孫尊官,家訾累數巨萬矣。
Du Zhou was dismissed at one point, but later served as Commandant of the Palace Guard. While pursuing bandits, he arrested and harshly investigated Sang Hongyang and the nephews of Empress Wei's brothers. The emperor considered him a man who gave his utmost without personal bias, and promoted him to the rank of Imperial Secretary. His two sons each served as governor, one on either side of the Yellow River. Their brutality and cruelty in governance surpassed even that of Wang Wenshu and his like. When Du Zhou was first summoned to serve as a court clerk, he owned but a single horse, and even that one was not sound; yet by the time he had risen through long service to the rank of the Three Excellencies, his sons and grandsons held high positions, and his family's wealth had accumulated to tens of millions.
43
太史公曰:自郅都、杜周十人者,此皆以酷烈為聲。 然郅都伉直,引是非,爭天下大體。 張湯以知陰陽,人主與俱上下,時數辯當否,國家賴其便。 趙禹時據法守正。 杜周從諛,以少言為重。 自張湯死后,網密,多詆嚴,官事寖以秏廢。 九卿碌碌┐其官,救過不贍,何暇論繩墨之外乎! 然此十人中,其廉者足以為儀表,其污者足以為戒,方略教導,禁姦止邪,一切亦皆彬彬質有其文武焉。 雖慘酷,斯稱其位矣。 至若蜀守馮當暴挫,廣漢李貞擅磔人,東郡彌仆鋸項,天水駱璧推咸,河東褚廣妄殺,京兆無忌、馮翊殷周蝮鷙,水衡閻奉樸擊賣請,何足數哉! 何足數哉!
The Grand Historian remarks: From Zhi Du to Du Zhou, all ten of these men built their reputations on harshness and severity. Yet Zhi Du was forthright and upright, distinguishing right from wrong, and contended for the greater principles of the realm. Zhang Tang understood the subtle interplay of light and shadow, rising and falling in step with the sovereign, frequently debating the merits and faults of state policy. The empire benefited from his competence. Zhao Yu, for his part, held fast to the law and maintained his integrity. Du Zhou was a sycophant who cultivated an air of gravity by speaking little. After Zhang Tang's death, the net of law grew ever tighter, accusations and penalties ever harsher, and the business of government gradually fell into decay and ruin. The Nine Ministers toiled away in their posts, barely managing to cover their own errors. How could they have found the leisure to concern themselves with anything beyond the strict letter of the law! Yet among these ten men, the upright ones served as worthy models, and the corrupt as cautionary examples. In their strategies of governance, their guidance and instruction, their suppression of wickedness and prohibition of evil, every one of them displayed, in their own way, a refined balance of the civil and martial virtues. Though they were harsh and cruel, they proved themselves worthy of the positions they held. As for Feng Dang, Governor of Shu, who brutally crushed the people; Li Zhen of Guanghan, who took it upon himself to dismember prisoners; Mi Pu of Dongjun, who sawed through necks; Luo Bi of Tianshui, who tortured all he interrogated; Chu Guang of Hedong, who killed without cause; Wu Ji of Jingzhao and Yin Zhou of Fengyi, venomous as vipers and fierce as hawks; and Yan Feng the Comptroller of Waters, who extorted confessions through beatings — are they even worth enumerating! They are not even worth enumerating!