Impartiality公平第十六
太宗初即位，中書令房玄齡奏言：「秦府舊左右未得官者，並怨前宮及齊府左右處分之先己。」太宗曰：「古稱至公者，蓋謂平恕無私。丹朱、商均，子也，而堯、舜廢之。管叔、蔡叔，兄弟也，而周公誅之。故知君人者，以天下為公，無私於物。昔諸葛孔明，小國之相，猶曰『吾心如稱，不能為人作輕重』，況我今理大國乎？朕與公等衣食出於百姓，此則人力已奉於上，而上恩未被於下，今所以擇賢才者，蓋為求安百姓也。用人但問堪否，豈以新故異情？凡一面尚且相親，況舊人而頓忘也！才若不堪，亦豈以舊人而先用？今不論其能不能，而直言其嗟怨，豈是至公之道耶？」
When Taizong first ascended the throne, Fang Xuanling, the director of the Secretariat, reported:
"Those of the old staff of the Prince of Qin's household who have not yet received office all resent that you settled the staff of the former palace and of the Prince of Qi's household before them."
Taizong said:
"What the ancients called perfect fairness means being even and generous, without private favor. Danzhu and Shangjun were sons, yet Yao and Shun set them aside. Guanshu and Caishu were brothers, yet the Duke of Zhou put them to death. So one who rules over men knows that he must take the world as his standard of fairness and hold no private favor toward anything.
"Long ago Zhuge Kongming was the minister of a small state, and even he said, 'My mind is like a balance. I cannot make it light or heavy for anyone.' How much more so for me, who govern a great state today. The clothing and food of myself and of you lords come from the people. The strength of men has already been offered up above, but the kindness above has not yet covered those below. The reason I now choose the worthy and able is that I seek to bring peace to the people. In using men I ask only whether they are equal to the task. How could I feel differently for the new and the old? Men who have met but once still grow close to each other. How then could I suddenly forget the men of old days? And if a man's talent is not equal to the task, how could I use him first because he is an old friend? Now they do not discuss whether he is able or not, and speak straight out only of their sighs and resentment. How is that the way of perfect fairness?"
貞觀元年，有上封事者，請秦府舊兵並授以武職，追入宿衛。太宗謂曰：「朕以天下為家，不能私於一物，惟有才行是任，豈以新舊為差？況古人云：『兵猶火也，弗戢將自焚。』汝之此意，非益政理。」
In the first year of Zhenguan a man sent up a sealed memorial, asking that the old soldiers of the Prince of Qin's household all be given military office and be called in to serve as palace guards. Taizong said:
"I take the world as my household, and I cannot show private favor to one thing. Talent and conduct alone decide what I entrust. How could I make a difference of rank between new and old? The ancients said, 'Soldiers are like fire. If they are not gathered in, they will burn of themselves.' What you intend here is no help to government and order."
貞觀元年，吏部尚書長孫無忌嘗被召，不解佩刀入東上閣門，出閣門後，監門校尉始覺。尚書右仆射封德彜議，以監門校尉不覺，罪當死，無忌誤帶刀入，徒二年，罰銅二十斤。太宗從之。大理少卿戴胄駁曰：「校尉不覺，無忌帶刀入內，同為誤耳。夫臣子之於尊極，不得稱誤，準律云：『供御湯藥、飲食、舟船，誤不如法者，皆死。』陛下若錄其功，非憲司所決；若當據法，罰銅未為得理。」太宗曰：「法者非朕一人之法，乃天下之法，何得以無忌國之親戚，便欲撓法耶？」更令定議。德彜執議如初太宗將從其議，胄又駁奏曰：「校尉緣無忌以致罪，於法當輕，若論其過誤，則為情一也，而生死頓殊，敢以固請。」太宗乃免校尉之死。
In the first year of Zhenguan, Zhangsun Wuji, the minister of personnel, was once summoned, and he entered the East Pavilion Gate without taking off the sword at his belt. Only after he had come out of the pavilion gate did the gate guard commandant notice it. Feng Deyi, the right vice director of the Department of State Affairs, argued that the gate guard commandant had failed to notice and so deserved death, and that Wuji had entered wearing his sword by mistake and should serve two years of penal labor and pay twenty catties of copper as a fine. Taizong followed this. Dai Zhou, the vice minister of the Court of Judicial Review, objected:
"The commandant's failing to notice and Wuji's entering with his sword are alike mistakes. A subject or a son may not plead mistake before the most exalted. Measured by the statutes, it is said, 'Those who by mistake fail to follow the rules for the medicines, the food and drink, and the boats offered to the emperor shall all die.' If Your Majesty counts his merit, that is not for the office of law to decide. If the law is to be followed, a fine of copper is not in keeping with reason."
Taizong said:
"The law is not the law of one man, myself. It is the law of the world. How could I bend the law simply because Wuji is a kinsman of the ruling house?"
He ordered the matter argued again. Deyi held to his opinion as at first, and Taizong was about to follow it. Dai Zhou objected once more and reported:
"The commandant came to his offense on account of Wuji. By law his punishment should be the lighter. If their fault and error are weighed, the circumstances are one and the same, and yet life and death are suddenly set apart. I dare to press my request."
Taizong then spared the commandant from death.
是時，朝廷大開選舉，或有詐偽階資者，太宗令其自首，不首，罪至於死。俄有詐偽者事泄，胄據法斷流以奏之。太宗曰：「朕初下敕，不首者死，今斷從法，是示天下以不信矣。」胄曰：「陛下當即殺之，非臣所及，既付所司，臣不敢虧法。」太宗曰：「卿自守法，而令朕失信耶？」胄曰：「法者國家所以布大信於天下，言者當時喜怒之所發耳！陛下發一朝之忿，而許殺之，既知不可，而寘之以法，此乃忍小忿而存大信，臣竊為陛下惜之。」太宗曰：「朕法有所失，卿能正之，朕復何憂也？」
At this time the court had thrown open the selection of officials on a great scale, and some men falsified their rank and their record of service. Taizong had them confess of themselves, and made the offense a capital one if they did not confess. Before long a man who had falsified his record was found out, and Dai Zhou passed sentence of exile according to the law and reported it. Taizong said:
"When I first sent down the edict, I said that those who did not confess would die. Now you judge by the law. This shows the world that I am not to be trusted."
Dai Zhou said:
"Had Your Majesty killed him on the spot, it would not have been for me to reach. But you have already handed him to the office in charge, and I dare not injure the law."
Taizong said:
"You keep the law yourself, and would have me lose my good faith?"
Dai Zhou said:
"The law is how the state spreads great good faith through the world. Words are only what joy or anger brings out at the moment. Your Majesty gave way to one morning's anger and allowed him to be killed. Then, knowing it was not right, you settled it by the law. This is to bear a small anger and keep a great good faith. In private I hold it precious for Your Majesty."
Taizong said:
"Even if there is something lost in my law, you are able to set it right. What more have I to worry about?"
貞觀二年，太宗謂房玄齡等曰：「朕比見隋代遺老，咸稱高颎善為相者，遂觀其本傳，可謂公平正直，尤識治體，隋室安危，系其存沒。煬帝無道，枉見誅夷，何嘗不想見此人，廢書欽嘆！又漢、魏以來，諸葛亮為丞相，亦甚平直，嘗表廢廖立、李嚴於南中，立聞亮卒，泣曰：『吾其左衽矣！』嚴聞亮卒，發病而死。故陳壽稱『亮之為政，開誠心，布公道，盡忠益時者，雖讎必賞；犯法怠慢者，雖親必罰。』卿等豈可不企慕及之？朕今每慕前代帝王之善者，卿等亦可慕宰相之賢者，若如是，則榮名高位，可以長守。」玄齡對曰：「臣聞理國要道，在於公平正直，故《尚書》云：『無偏無黨，王道蕩蕩。無黨無偏，王道平平。』又孔子稱『舉直錯諸枉，則民服』。今聖慮所尚，誠足以極政教之源，盡至公之要，囊括區宇，化成天下。」太宗曰：「此直朕之所懷，豈有與卿等言之而不行也？」
In the second year of Zhenguan, Taizong said to Fang Xuanling and the others:
"Of late I have seen the old men left from the time of Sui, and they all say that Gao Jiong did well as chief minister. So I looked at his own biography. He may be called fair, upright and straight, and he understood the body of government especially well. The safety and the danger of the house of Sui hung on whether he lived or died. Emperor Yang had no way in him, and Gao Jiong was put to death unjustly. How could I not wish to meet this man, and lay down the book and sigh in admiration?
"Again, since the times of Han and Wei, Zhuge Liang was chief minister, and he too was most even and straight. He once sent up a memorial that put Liao Li and Li Yan down to Nanzhong. When Liao Li heard that Zhuge Liang had died, he wept and said, 'Now I shall become a barbarian.' When Li Yan heard that Zhuge Liang had died, he fell ill and died. So Chen Shou said of him, 'In his government Zhuge Liang opened a sincere heart and spread a fair way. Those who gave their whole loyalty and helped the age he rewarded, even if they were his enemies. Those who broke the law and were idle he punished, even if they were close to him.' How could you lords not look up to him and long to reach him?
"Whenever I now long for the good rulers of former ages, you lords may also long for the worthy among chief ministers. If you do so, you may long keep a glorious name and a high place."
Xuanling answered:
"I have heard that the essential way of governing a state lies in fairness, uprightness and straightness. So the Book of Documents says, 'Without leaning and without faction, the way of the king is broad and wide. Without faction and without leaning, the way of the king is level and even.' And Confucius said, 'Raise up the straight and set them above the crooked, and the people will submit.' What your sagely thought now holds high truly reaches the source of government and teaching and the whole of perfect fairness. It will gather the world into a bag, and the transforming of it will be complete throughout the realm."
Taizong said:
"This is just what I hold in my heart. How could I speak of it with you lords and not carry it out?"
長樂公主，文德皇后所生也。貞觀六年將出降，敕所司資送倍於長公主。魏徵奏言：「昔漢明帝欲封其子，帝曰：『朕子豈得同於先帝子乎？可半楚、淮陽王。』前史以為美談。天子姊妹為長公主，天子之女為公主，既加長字，良以尊於公主也，情雖有殊，義無等別。若令公主之禮有過長公主，理恐不可，實願陛下思之。」太宗稱善。乃以其言告後，後嘆曰：「嘗聞陛下敬重魏徵，殊未知其故，而今聞其諫，乃能以義制人王之情，真社稷臣矣！妾與陛下結發為夫妻，曲蒙禮敬，情義深重，每將有言，必俟顏色，尚不敢輕犯威嚴，況在臣下，情疏禮隔？故韓非謂之說難，東方朔稱其不易，良有以也，忠言逆耳而利於行，有國有家者深所要急，納之則世治，杜之則政亂，誠願陛下詳之，則天下幸甚！」因請遣中使賫帛五百匹，詣徵宅以賜之。
Princess Changle was born of Empress Wende. In the sixth year of Zhenguan she was about to be married, and an edict ordered the office in charge to send her out with twice the goods of a senior princess. Wei Zheng reported:
"Long ago Emperor Ming of Han wished to enfeoff his sons, and the emperor said, 'How can my sons be the equals of the sons of the former emperor? Let them have half of what the Prince of Chu and the Prince of Huaiyang have.' Earlier histories took this for a fine story. The elder and younger sisters of the Son of Heaven are senior princesses, and the daughters of the Son of Heaven are princesses. Since the word senior is added, a senior princess is truly the higher. In feeling there may be a difference, but in right there is no difference of degree. If the rites for a princess are made to go beyond those for a senior princess, I fear it is not in keeping with reason. I truly wish Your Majesty to think on it."
Taizong called it good, and then told the empress what he had said. The empress sighed and said:
"I had heard before that Your Majesty respects and values Wei Zheng, and I did not well know why. Now that I have heard his remonstrance, I see that he can hold down the feeling of a king of men by what is right. He is truly a minister of the altars of state.
"I bound up my hair with Your Majesty and became your wife. I have received your courtesy and respect, and our feeling and duty are deep and heavy. Yet whenever I have something to say, I wait for the look on your face, and even then I dare not lightly touch your dignity. How much more for a minister below, whose feeling is distant and whose place is set apart. So Han Fei called it the difficulty of persuasion, and Dongfang Shuo said that it was not easy. They had good reason.
"Loyal words grate on the ear, but they profit conduct. For one who holds a state and holds a house they are deeply needed and urgent. Take them in, and the age is well governed. Shut them out, and government falls into disorder. I truly wish Your Majesty to look closely into this. Then the world will be most fortunate."
She then asked that a palace messenger be sent with five hundred bolts of silk to Wei Zheng's house, to bestow them on him.
刑部尚書張亮坐謀反下獄，詔令百官議之，多言亮當誅，惟殿中少監李道裕奏亮反形未具，明其無罪。太宗既盛怒，竟殺之。俄而刑部侍郎有闕，令宰相妙擇其人，累奏不可。太宗曰：「吾已得其人矣，往者李道裕議張亮云『反形未具』，可謂公平矣。當時雖不用其言，至今追悔。」遂授道裕刑部侍郎。
Zhang Liang, the minister of justice, was charged with plotting rebellion and put in prison, and an edict ordered all the officials to discuss it. Most of them said that Zhang Liang deserved death. Only Li Daoyu, the vice director of the Palace Administration, reported that the shape of Zhang Liang's rebellion was not yet complete, and made clear that he was without guilt. Taizong was already in great anger, and in the end he killed him.
Before long the post of vice minister of justice fell vacant, and the chief ministers were ordered to choose the right man with the greatest care. Several times they reported a man who would not do. Taizong said:
"I have found the man already. In the past Li Daoyu discussed Zhang Liang and said, 'The shape of his rebellion is not yet complete.' That may be called fair. At the time I did not use his words, and I regret it to this day."
He then gave Daoyu the post of vice minister of justice.
貞觀初，太宗謂侍臣曰：「朕今孜孜求士，欲專心政道，聞有好人，則抽擢驅使。而議者多稱『彼者皆宰臣親故』，但公等至公，行事勿避此言，便為形跡。古人『內舉不避親，外舉不避讎』，而為舉得其真賢故也。但能舉用得才，雖是子弟及有讎嫌，不得不舉。」
At the beginning of Zhenguan, Taizong said to his attendant officials:
"I now seek out officers diligently, wishing to give my whole mind to the way of government. When I hear that there is a good man, I raise him up and set him to work. Yet those who discuss it often say, 'These men are all kin or old friends of the chief ministers.' Only let you lords be perfectly fair, and in what you do, do not shy away from such talk. To shy away is to make a mere show of it. When the ancients said, 'In raising men within, do not avoid your kin. In raising men without, do not avoid your enemies,' it was because such raising got the truly worthy. If only you can raise up and use men of talent, then even if they are your own sons and brothers, or enemies you dislike, you cannot but raise them."
貞觀十一年，時屢有閹宦充外使，妄有奏，事發，太宗怒。魏徵進曰：「閹豎雖微，狎近左右，時有言語，輕而易信，浸潤之譖，為患特深。今日之明，必無此慮，為子孫教，不可不杜絕其源。」太宗曰：「非卿，朕安得聞此語？自今已後，充使宜停。」魏徵因上疏曰：
In the eleventh year of Zhenguan, eunuchs were at that time repeatedly used to fill posts as envoys outside the palace. One of them reported recklessly, the matter came out, and Taizong was angry. Wei Zheng came forward and said:
"Eunuchs are of small account, but they are close at hand and familiar, and though their words at times are light, they are easily believed. Slander that soaks in like water is a trouble of peculiar depth. In the clear light of this day there will surely be no such worry. But as a lesson for your sons and grandsons, the source of it must be shut off and cut away."
Taizong said:
"But for you, how would I have heard these words? From now on the filling of envoy posts with eunuchs shall stop."
Wei Zheng then sent up a memorial:
臣聞為人君者，在乎善善而惡惡，近君子而遠小人。善善明，則君子進矣；惡惡著，則小人退矣。近君子，則朝無粃政；遠小人，則聽不私邪。小人非無小善，君子非無小過。君子小過，蓋白玉之微瑕；小人小善，乃鉛刀之一割。鉛刀一割，良工之所不重，小善不足以掩眾惡也；白玉微瑕，善賈之所不棄，小疵不足以妨大美也。善小人之小善，謂之善善，惡君子之小過，謂之惡惡，此則蒿蘭同臭，玉石不分，屈原所以沈江，卞和所以泣血者也。既識玉石之分，又辨蒿蘭之臭，善善而不能進，惡惡而不能去，此郭氏所以為墟，史魚所以遺恨也。
I have heard that one who is ruler of men must call good good and hate what is evil, and must draw near the gentleman and keep the small man far off. When the calling of good good is clear, gentlemen come forward. When the hatred of evil is plain, small men withdraw. Draw near the gentleman, and there is no chaff in the government of the court. Keep the small man far off, and your hearing does not lean toward what is crooked.
A small man is not without small good, and a gentleman is not without small fault. A gentleman's small fault is a slight flaw in white jade. A small man's small good is a single cut of a lead knife. A good craftsman sets no store by the single cut of a lead knife, for a small good is not enough to cover a host of evils. A good merchant does not throw away white jade with a slight flaw, for a small blemish is not enough to spoil a great beauty.
If the small good of a small man is called good and this is named the calling of good good, and if the small fault of a gentleman is hated and this is named the hatred of evil, then mugwort and orchid smell alike and jade and stone are not told apart. This is why Qu Yuan sank into the river and why Bian He wept blood. To know already the difference of jade and stone, and to tell apart the smell of mugwort and orchid, and still to call good good without being able to bring it forward, and to hate evil without being able to drive it away, this is why the house of Guo became a ruin and why Shi Yu left his regret behind.
陛下聰明神武，天姿英睿，志存泛愛，引納多塗，好善而不甚擇人，疾惡而未能遠佞。又出言無隱，疾惡太深，聞人之善或未全信，聞人之惡以為必然。雖有獨見之明，猶恐理或未盡。何則？君子揚人之善，小人訐人之惡。聞惡必信則小人之道長矣，聞善或疑則君子之道消矣。為國家者急於進君子而退小人，乃使君子道消，小人道長，則君臣失序，上下否隔，亂亡不恤，將何以治乎？且世俗常人，心無遠慮，情在告訐，好言朋黨。夫以善相成謂之同德，以惡相濟謂之朋黨，今則清濁共流，善惡無別，以告訐為誠直，以同德為朋黨。以之為朋黨，則謂事無可信；以之為誠直，則謂言皆可取。此君恩所以不結於下，臣忠所以不達於上。大臣不能辯正，小臣莫之敢論，遠近承風，混然成俗，非國家之福，非為治之道。適足以長奸邪，亂視聽，使人君不知所信，臣下不得相安。若不遠慮，深絕其源，則後患未之息也。今之幸而未敗者，由乎君有遠慮，雖失之於始，必得之於終故也。若時逢少隳，往而不返，雖欲悔之，必無所及。既不可以傳諸後嗣，復何以垂法將來？且夫進善黜惡，施於人者也；以古作鑒，施於己者也。鑒貌在乎止水，鑒已在乎哲人。能以古之哲王，鑒於己之行事，則貌之妍醜宛然在目，事之善惡自得於心，無勞司過之史，不假芻蕘之議，巍巍之功日著，赫赫之名彌遠。為人君者可不務乎？
Your Majesty is clear in mind, godlike and brave, and the nature heaven gave you is outstanding and wise. Your will rests on loving widely, and the paths by which you draw men in and receive them are many. Yet you love goodness without choosing men closely, and you hate evil without being able to keep flatterers far off. You also speak out with nothing hidden, and your hatred of evil runs too deep. When you hear of another's goodness you sometimes do not fully believe it, and when you hear of another's evil you take it to be surely so. Though you have the clear sight of one who sees alone, I still fear that reason may not always be fully met.
Why is this? The gentleman spreads abroad the goodness of others, and the small man drags out the evil of others. If you hear of evil and always believe it, the way of the small man grows. If you hear of goodness and sometimes doubt it, the way of the gentleman fades. One who governs a state is urgent to bring gentlemen forward and to drive small men back. If instead the way of the gentleman is made to fade and the way of the small man to grow, then ruler and minister lose their order, and high and low are blocked apart. Then disorder and ruin go unheeded, and with what will you govern?
Again, the common run of men in the world have no far thought in their hearts. Their feeling lies in exposing others, and they like to speak of factions. To help one another toward good is called sharing virtue, and to help one another toward evil is called faction. But today the clear and the muddy flow together, and there is no telling good from evil. Exposing others is called sincere and straight, and sharing virtue is called faction. Call it faction, and it is said that nothing in the matter can be trusted. Call it sincere and straight, and it is said that every word may be taken. This is why the ruler's kindness is not knit to those below, and why the loyalty of ministers does not reach above.
Great ministers cannot sort it out and set it right, and lesser ministers dare not discuss it. Far and near take up the wind, and all is mixed together into a custom. This is no blessing for the state, and it is not the way of government. It serves only to make treachery and crookedness grow, to throw sight and hearing into confusion, to leave the ruler not knowing what to trust, and to leave the ministers below unable to be at ease with one another. If you do not think far ahead and cut off the source deeply, the trouble to come will not cease.
That things have happily not fallen into ruin today is because the ruler thinks far ahead. Though he loses his way at the start, he is sure to find it at the end. If the times should meet even a little collapse, and go on and not return, then though you wished to repent, nothing could be reached. If it cannot even be handed on to those who come after, with what will you leave a rule for the days ahead?
Further, bringing the good forward and casting out the evil is what one does toward others, and taking the past as a mirror is what one does toward oneself. To mirror a face there is still water. To mirror oneself there is the wise man. If you can hold the wise kings of old as a mirror to your own deeds, then the beauty or ugliness of your face stands plain before your eyes, and the good or evil of your deeds is found of itself in your heart. There is no need to trouble the recorder of faults, and no need to borrow the counsel of the grass cutters. A lofty merit grows plainer by the day, and a shining name reaches ever farther. Can one who is ruler of men not work at this?
臣聞道德之厚，莫尚於軒、唐；仁義之隆，莫彰於舜、禹。欲繼軒、唐之風，將追舜、禹之跡，必鎮之以道德，弘之以仁義，舉善而任之，擇善而從之。不擇善任能，而委之俗吏，既無遠度，必失大體，惟奉三尺之律，以繩四海之人，欲求垂拱無為，不可得也。故聖哲君臨，移風易俗，不資嚴刑峻法，在仁義而已。故非仁無以廣施，非義無以正身。惠下以仁，正身以義，則其政不嚴而理，其教不肅而成矣。然則仁義，理之本也；刑罰，理之末也。為理之有刑罰，猶執御之有鞭策也，人皆從化，而刑罰無所施；馬盡其力，則有鞭策無所用。由此言之，刑罰不可致理，亦己明矣。故《潛夫論》曰：「人君之理莫大於道德教化也。民有性、有情、有化、有俗。情性者，心也，本也；俗化者，行也，末也。是以上君撫世，先其本而後其末，順其心而履其行。心情茍正，則奸慝無所生，邪意無所載矣。是故上聖無不務理民心，故曰『聽訟，吾猶人也，必也使無訟乎？』道之以禮，務厚其性而明其情。民相愛，則無相傷害之意；動思義，則無畜奸邪之心。若此，非律令之所理也，此乃教化之所致也。聖人甚尊德禮而卑刑罰，故舜先敕契以敬敷五教，而後任咎繇以五刑也。凡立法者，非以司民短，而誅過誤也，乃以防奸惡，而救禍患，檢淫邪，而內正道。民蒙善化，則人有士君子之心；被惡政，則人有懷奸亂之慮。故善化之養民，猶工之為曲豉也。六合之民，猶一蔭也，黔首之屬，猶豆麥也，變化雲為，在將者耳！遭良吏，則懷忠信而履仁厚；遇惡吏，則懷奸邪而行淺薄。忠厚積，則致太平；淺薄積，則致危亡。是以聖帝明王，皆敦德化而薄威刑也。德者，所以循己也，威者，所以治人也。民之生也，猶鑠金在爐，方圓薄厚，隨镕制耳！是故世之善惡，俗之薄厚，皆在於君。世之主誠能使六合之內、舉世之人，感忠厚之情而無淺薄之惡，各奉公正之心，而無奸險之慮，則醇釅之俗，復見於茲矣。」後王雖未能遵，專尚仁義，當慎刑恤典，哀敬無私，故管子曰：「聖君任法不任智，任公不任私。」故王天下，理國家。
I have heard that in the weight of virtue none stands higher than Xuanyuan and Yao, and that in the fullness of benevolence and right none shines out more than Shun and Yu. If you would carry on the manner of Xuanyuan and Yao and follow the tracks of Shun and Yu, you must steady the state with virtue and broaden it with benevolence and right, raise up the good and entrust them with office, and choose the good and follow it.
If you do not choose the good and entrust the able, but hand matters to common clerks, then there is no far judgment, and the great body of things is surely lost. To uphold only the three-foot statutes and bind the men of the four seas with them, and still to seek to let your robes hang and do nothing, cannot be had.
So when the sage and the wise came to rule and shifted the ways and customs of men, they did not lean on harsh punishments and sharp laws. It lay in benevolence and right, and nothing more. Without benevolence there is no way to give widely, and without right there is no way to make oneself upright. Give kindness to those below by benevolence and make yourself upright by right, and then your government will be ordered without being harsh, and your teaching will be complete without being stern.
This being so, benevolence and right are the root of government, and punishment is the tip of government. That government has punishment is like a driver having a whip. When all men follow the transforming teaching, punishment has nowhere to be used. When the horse gives all its strength, the whip is there but has no use. Put this way, it is already clear that punishment cannot bring about good government.
So the Qianfu lun says: "Nothing in a ruler's government is greater than virtue and teaching. The people have a nature, they have feelings, they have transformation, and they have custom. Feeling and nature are the heart, and they are the root. Custom and transformation are conduct, and they are the tip. Therefore the high ruler, in soothing the age, puts the root first and the tip after. He makes their hearts willing and has them walk in their conduct. If heart and feeling are truly upright, then treachery and wickedness have nowhere to arise, and crooked intent has nothing to carry it.
"Therefore there has been no sage above who did not work to govern the hearts of the people. So it is said, 'In hearing lawsuits I am like other men. What matters is to bring it about that there are no lawsuits.' They lead the people by rites, and work to make their nature deep and their feelings clear. When the people love one another, they have no thought of harming one another. When they think of what is right as they act, they store up no treacherous or crooked heart. If it is so, this is not what statutes and ordinances govern. This is what teaching has brought about.
"The sage held virtue and rites in high honor and set punishment low. So Shun first charged Xie to spread the five teachings with reverence, and only then entrusted the five punishments to Gaoyao. Laws are set up not to keep watch on the shortcomings of the people and cut down their errors, but to ward off treachery and evil, to save men from calamity and trouble, to check license and crookedness, and to bring men into the upright way.
"When the people meet with good transformation, men have the heart of a scholar and a gentleman. When they suffer a bad government, men have thoughts that harbor treachery and disorder. So good transformation nourishes the people as a craftsman makes yeast and bean paste. The people of the six directions are like one shade, and the black-haired multitude are like beans and barley. Their change and their doings lie only with the one who leads them. Meeting a good officer, they hold to loyalty and good faith and walk in benevolence and depth. Meeting a bad officer, they hold to treachery and crookedness and act with a shallow heart. When loyalty and depth pile up, great peace follows. When shallowness piles up, danger and ruin follow. Therefore sage emperors and enlightened kings all made virtue and transformation deep, and made awe and punishment thin.
"Virtue is what one follows in oneself, and awe is what one governs others with. The people in their living are like molten metal in a furnace. Square or round, thin or thick, it follows only the mold. So the good and the evil of an age, and the thinness or the depth of its customs, all lie with the ruler. If the ruler of an age can truly make the men within the six directions and in all the world feel a loyal and deep affection and be without shallow evil, and can make each of them hold a fair heart and be without treacherous and dangerous thoughts, then a pure and strong custom will be seen again in this day."
Even if the kings who come after cannot follow this and honor benevolence and right alone, they ought to be careful in punishment and merciful in the code, to grieve and to revere, and to hold no private favor. So Guanzi said, "The sage ruler entrusts matters to law and not to cleverness, to the public and not to the private." In this way he reigns over the world and governs the state.
貞觀之初，志存公道，人有所犯，一一於法。縱臨時處斷或有輕重，但見臣下執論，無不忻然受納。民知罪之無私，故甘心而不怨；臣下見言無忤，故盡力以效忠。頃年以來，意漸深刻，雖開三面之網，而察見淵中之魚，取舍在於愛憎，輕重由乎喜怒。愛之者，罪雖重而強為之辭；惡之者，過雖小而深探其意。法無定科，任情以輕重；人有執論，疑之以阿偽。故受罰者無所控告，當官者莫敢正言。不服其心，但窮其口，欲加之罪，其無辭乎？又五品已上有犯，悉令曹司聞奏。本欲察其情狀，有所哀矜；今乃曲求小節，或重其罪，使人攻擊惟恨不深。事無重條，求之法外所加，十有六七，故頃年犯者懼上聞，得付法司，以為多幸。告訐無已，窮理不息，君私於上，吏奸於下，求細過而忘大體，行一罰而起眾奸，此乃背公平之道，乖泣辜之意，欲其人和訟息，不可得也。
At the beginning of Zhenguan your will lay in the fair way, and when a man committed an offense it was met in each case with the law. Even if at the time your judgment was sometimes light and sometimes heavy, whenever you saw a minister below hold to his argument you always received it gladly. The people knew there was no private favor in the punishing of offenses, and so they took it willingly and did not resent it. The ministers below saw that speaking gave no offense, and so they gave all their strength to show their loyalty.
In these last few years your intent has grown gradually deeper and harsher. Though you speak of opening the net on three sides, you look into the fish at the bottom of the pool. Taking up and setting aside rest on love and hate, and light and heavy come from joy and anger. For one you love, the offense may be heavy, and words are forced to serve him. For one you hate, the fault may be small, and his intent is probed deeply.
With no fixed article in the law, you make the sentence light or heavy as feeling moves. When a man holds to his argument, you suspect him of flattery and falsehood. So the man who is punished has nowhere to make his plea, and the man in office dares not speak straight. Their hearts are not brought to submit. Only their mouths are stopped. If you wish to add guilt to a man, will words be lacking?
Again, when an official of the fifth rank or above commits an offense, you have the office in charge report it all. The purpose at first was to look into the circumstances and find room for pity. Now instead small points are bent and searched out, and at times the offense is made heavier, so that men attack him and regret only that they do not cut deep enough. Where the matter has no heavy article, what is sought outside the law and added to it comes to six or seven cases in ten. So in these last few years an offender fears that his case will reach your ears, and counts himself most fortunate if it is handed to the office of law.
The exposing of others does not stop, and the probing of cases does not rest. The ruler shows private favor above, and the officers act treacherously below. Small faults are sought and the great body of things is forgotten. One punishment is carried out and a host of treacheries is stirred up. This turns its back on the way of fairness and runs counter to the heart that wept over a criminal. To wish for men to be at peace and for lawsuits to cease cannot be had.
故《體論》云：「夫淫泆盜竊，百姓之所惡也，我從而刑罰之，雖過乎當，百姓不以我為暴者，公也。怨曠饑寒，亦百姓之所惡也，遁而陷之法，我從而寬宥之，百姓不以我為偏者，公也。我之所重，百姓之所憎也；我之所輕，百姓之所憐也。是故賞輕而勸善，刑省而禁奸。」由此言之，公之於法，無不可也，過輕亦可。私之於法無可也，過輕則縱奸，過重則傷善。聖人之於法也公矣，然猶懼其未也，而救之以化，此上古所務也。後之理獄者則不然：未訊罪人，則先為之意，及其訊之，則驅而致之意，謂之能；不探獄之所由，生為之分，而上求人主之微旨以為制，謂之忠。其當官也能，其事上也忠，則名利隨而與之，驅而陷之，欲望道化之隆，亦難矣。
So the Tilun says: "License and theft are what the people hate. If I follow it with punishment, then even though I go beyond what is due, the people do not call me cruel, because I am fair. To be widowed and alone, to be hungry and cold, these too are what the people hate. When such a man flees and falls into the law, I follow it with leniency and pardon, and the people do not call me partial, because I am fair. What I hold heavy is what the people hate, and what I hold light is what the people pity. Therefore rewards are light and yet good is encouraged, and punishments are few and yet treachery is checked."
Put this way, with fairness there is nothing in law that may not be done, and even too light a sentence will serve. With private favor there is nothing in law that may be done. Too light, and treachery is let loose. Too heavy, and the good are harmed. The sage was fair in his law, and yet he still feared that this was not enough, and he helped it with transforming teaching. This is what the far ages of old worked at.
Those who govern cases in later times are not so. Before they question the offender they settle their intent in advance, and when they come to question him they drive him toward that intent, and this they call ability. They do not search out the source of the case and make of it a ground for sparing him, but look above for the hidden wish of the ruler and make it their judgment, and this they call loyalty. In office they are called able, and in serving above they are called loyal, and name and profit follow and are given them. To drive men and cast them down, and then to hope for the way and its teaching to flourish, is hard indeed.
凡聽訟理獄，必原父子之親，立君臣之義，權輕重之序，測淺深之量。悉其聰明，致其忠愛，疑則與眾共之。疑則從輕者，所以重之也，故舜命咎繇曰：「汝作士，惟刑之恤。」又復加之以三訊，眾所善，然後斷之。是以為法，參之人情。故《傳》曰：「小大之獄，雖不能察，必以情。」而世俗拘愚苛刻之吏，以為情也者取貨者也，立愛憎者也，右親戚者也，陷怨讎者也。何世俗小吏之情，與夫古人之懸遠乎？有司以此情疑之群吏，人主以此情疑之有司，是君臣上下通相疑也，欲其盡忠立節，難矣。
In hearing lawsuits and governing cases you must always be grounded in the closeness of father and son, must set up the right between ruler and minister, must weigh the order of light and heavy, and must measure the depth of shallow and deep. Use all your clear sight, bring out all your loyalty and love, and when in doubt share it with the many. To follow the lighter course when in doubt is the way of taking the matter seriously.
So Shun charged Gaoyao: "You are made judge. Have pity in punishment." And he added three questionings, and cut the matter only after the many had called it good. So in making law, human feeling is taken into account. The Commentary says, "In cases great and small, though you cannot look into them all, you must go by the true circumstances."
But the clerks of the world, bound and foolish and harsh, take the true circumstances to mean taking bribes, to mean setting up love and hate, to mean siding with kin, to mean casting down enemies. How can the circumstances of the world's petty clerks be so far from those of the ancients? When the office in charge suspects the body of clerks on such circumstances, and the ruler suspects the office in charge on such circumstances, then ruler and minister, high and low, all suspect one another. To hope that they will give all their loyalty and hold to their honor is hard.
凡理獄之情，必本所犯之事以主，不敢訊，不旁求，不貴多端，以見聰明，故律正其舉劾之法，參伍其辭，所以求實也，非所以飾實也，但當參伍明聽之耳，不使獄吏鍛煉飾理成辭於手。孔子曰：「古之聽獄，求所以生之也；今之聽獄，求所以殺之也。」故析言以破律，任案以成法，執左道以必加也。又《淮南子》曰：「灃水之深十仞，金鐵在焉，則形見於外。非不深且清，而魚鱉莫之歸也。」故為者以苛為察，以功為明，以刻下為忠，以訐多為功，譬猶廣革，大則大矣，裂之道也。夫賞宜從重，罰宜從輕，君居其厚，百王通制。刑之輕重，恩之厚薄，見思與見疾，其可同日言哉！且法，國之權衡也，時之準繩也。權衡所以定輕重，準繩所以正曲直，今作法貴其寬平，罪人欲其嚴酷，喜怒肆志，高下在心，是則舍準繩以正曲直，棄權衡而定輕重者也。不亦惑哉？諸葛孔明，小國之相，猶曰：「吾心如秤，不能為人作輕重。」況萬乘之主，當可封之日，而任心棄法，取怨於人乎？
In all the circumstances of governing a case you must be grounded in the deed committed and make that the master. Do not dare to press with questions, do not search off to the side, and do not prize spreading out many threads to show your keen sight. So the statutes set right the method of impeachment and have the words checked in threes and fives. This is done to seek the truth, not to dress up the truth. You should only check and hear with a clear mind, and not let the prison clerks forge and dress up a case and make the words in their own hands.
Confucius said, "In hearing cases the ancients sought the way to let a man live. In hearing cases men today seek the way to put him to death." So they split words to break the statutes, they lean on the file to make the law, and they hold to crooked ways and are sure to add to the charge.
The Huainanzi also says, "The Feng river is ten fathoms deep, and though gold and iron lie in it, their shapes are seen from outside. It is not that it is not deep and clear, but fish and turtles do not come home to it." So those who govern take harshness for keen sight and merit for clear judgment, and take cruelty toward those below for loyalty and much exposing for merit. It is like stretching a hide. Large it may become, but that is the road to tearing.
Rewards should follow the heavier course and punishments the lighter, and the ruler should dwell on the generous side. This is the rule shared by a hundred kings. The lightness or heaviness of punishment, the depth or the thinness of kindness, being remembered with longing or being met with hatred: can these be spoken of in the same breath?
Again, law is the balance of the state and the marking line of the age. The balance is what fixes light and heavy, and the marking line is what sets crooked and straight right. Now in making law you prize breadth and evenness, but in punishing men you wish for severity and cruelty. Joy and anger have their way, and high and low rest in your heart. This is to cast away the marking line and still set crooked and straight right, and to throw away the balance and still fix light and heavy. Is it not a delusion?
Zhuge Kongming was the minister of a small state, and even he said, "My mind is like a balance. I cannot make it light or heavy for anyone." How much more should a lord of ten thousand chariots, meeting an age fit for enfeoffment, not give rein to his heart and cast away the law and draw the resentment of men.
又時有小事，不欲人聞，則暴作威怒，以弭謗議。若所為是也，聞於外，其何傷？若所為非也，雖掩之，何益？故諺曰：「欲人不知，莫若不為；欲人不聞，莫若勿言。」為之而欲人不知，言之而欲人不聞，此猶捕雀而掩目，盜鐘而掩耳者，只以取誚，將何益乎？臣又聞之，無常亂之國，無不可理之民者。夫民之善惡由乎化之薄厚，故禹、湯以之理，桀、紂以之亂；文、武以之安，幽、厲以之危。是以古之哲王，盡己而不以尤人，求身而不以責下。故曰：「禹、湯罪己，其興也勃焉；桀、紂罪人，其亡也忽焉。」為之無已，深乖惻隱之情，實啟奸邪之路。溫舒恨於曩日，臣亦欲惜不用，非所不聞也。臣聞堯有敢諫之鼓，舜有誹謗之木，湯有司過之史，武有戒慎之銘。此則聽之於無形，求之於未有，虛心以待下，庶下情之達上，上下無私，君臣合德者也。魏武帝云：「有德之君樂聞逆耳之言、犯顏之諍，親忠臣，厚諫士，斥讒慝，遠佞人者，誠欲全身保國，遠避滅亡者也。」凡百君子，膺期統運，縱未能上下無私，君臣合德，可不全身保國，遠避滅亡乎？然自古聖哲之君，功成事立，未有不資同心，予違汝弼者也。
Again, when there is some small matter at times that you do not wish men to hear of, you make a show of awe and anger to put down the talk against you. If what you did was right, what harm if it is heard outside? If what you did was wrong, what good is it to cover it? So the proverb says, "If you would have men not know, better not to do it. If you would have men not hear, better not to speak." To do a thing and wish men not to know it, and to say a thing and wish men not to hear it, is like covering your eyes while catching a sparrow, or stopping your ears while stealing a bell. It only draws mockery. What good is in it?
I have heard also that there is no state that is always in disorder, and no people that cannot be governed. The goodness or the evil of the people comes from whether transforming teaching is thin or deep. So Yu and Tang governed by it, and Jie and King Zhou of Shang fell into disorder by it. King Wen and King Wu were at peace by it, and King You and King Li were in danger by it. Therefore the wise kings of old gave all of themselves and did not blame others, and sought within themselves and did not scold those below. So it is said, "Yu and Tang laid the blame on themselves, and their rise was swift. Jie and King Zhou of Shang laid the blame on others, and their fall was sudden."
To go on in this without stopping runs deep against the heart of pity, and truly opens the road to treachery and crookedness. Lu Wenshu held a grudge over the days gone by, and I too would grieve that such words are not used. It is not that they have not been heard.
I have heard that Yao had a drum for those who dared to remonstrate, that Shun had a post for words of blame, that Tang had a recorder in charge of faults, and that King Wu had an inscription of warning and care. This is to listen where there is no shape and to seek where nothing has yet appeared, to empty the heart and wait for those below, and to hope that the feeling below reaches above. High and low are without private favor, and ruler and minister join their virtue.
Emperor Wu of Wei said, "That a ruler with virtue delights in hearing words that grate on the ear and disputes that touch his face, that he draws near loyal ministers and treats remonstrating officers generously, and that he drives out slanderers and the wicked and keeps flatterers far off, comes truly from wishing to keep himself whole and hold his state and to avoid destruction from afar." All you gentlemen have answered your time and taken up the course of the age. Even if high and low cannot be without private favor and ruler and minister cannot join their virtue, can you not keep yourselves whole and hold the state and avoid destruction from afar? Yet from of old, sage and wise rulers who completed their merit and set their work in place have all leaned on hearts joined with theirs, on the word, "When I go wrong, you set me right."
昔在貞觀之初，側身勵行，謙以受物。蓋聞善必改，時有小過，引納忠規，每聽直言，喜形顏色。故凡在忠烈，咸竭其辭。自頃年海內無虞，遠夷懾服，志意盈滿，事異厥初。高談疾邪，而喜聞順旨之說；空論忠讜，而不悅逆耳之言。私嬖之徑漸開，至公之道日塞，往來行路，咸知之矣。邦之興衰，實由斯道。為人上者，可不勉乎？臣數年以來，每奉明旨，深懼群臣莫肯盡言。臣竊思之，自比來人或上書，事有得失，惟見述其所短，未有稱其所長。又天居自高，龍鱗難犯，在於造次，不敢盡言，時有所陳，不能盡意，更思重竭，其道無因。且所言當理，未必加於寵秩，意或乖忤，將有恥辱隨之，莫能盡節，實由於此。雖左右近侍，朝夕階墀，事或犯顏，咸懷顧望。況疏遠不接，將何以極其忠款哉？又時或宣言云：「臣下見事，只可來道，何因所言，即望我用？」此乃拒諫之辭，誠非納忠之意。何以言之？犯主嚴顏，獻可替否，所以成主之美，匡主之過。若主聽則惑，事有不行，使其盡忠讜之言，竭股肱之力，猶恐臨時恐懼，莫肯效其誠款。若如明詔所道，便是許其面從，而又責其盡言，進退將何所據？欲必使乎致諫，在乎好之而已。故齊桓好服紫，而合境無異色；楚王好細腰，而後宮多餓死。夫以耳目之玩，人猶死而不違，況聖明之君求忠正之士，千里斯應，信不為難。若徒有其言，而內無其實，欲其必至，不可得也。
Long ago at the beginning of Zhenguan you bent yourself low and strove in your conduct, and received men with humility. Whenever you heard of good you were sure to change, and when there was a small fault at times you drew in and took up loyal counsel. Whenever you heard a straight word, your joy showed in your face. So all who were loyal and ardent gave out their words in full.
In these last few years there has been no trouble within the seas and the distant tribes have submitted in fear. Your will is full to the brim, and things are not as they were at the start. You speak loftily of hating crookedness, and yet you are glad to hear words that follow your wish. You discuss loyalty and uprightness in empty words, and yet you take no pleasure in words that grate on the ear. The byway of private favor opens little by little, and the way of perfect fairness is blocked day by day. Even those who pass along the road all know it. The rise and the fall of a country truly come from this way. Can one who stands above men not work at it?
For some years now, whenever I have received your enlightened commands, I have deeply feared that the body of ministers will not be willing to speak out. In private I think on it. Of late, when a man sends up a document and there are gains and losses in the matter, only his shortcomings are set forth, and no one speaks of what he does well. Again, the seat of heaven is high of itself and the dragon's scales are hard to touch. In a sudden moment a man dares not say all, and when he sets something forth at times he cannot say all he means, and though he thinks to try once more in full, there is no way to it. And when what he says is in keeping with reason, favor and rank do not always follow, while if his meaning goes against you, shame and disgrace will come after. That they cannot give their honor in full comes truly from this.
Even those who serve close at your side, morning and evening upon the steps, all hold back and look to their own hopes when a matter would touch your face. How much more those who are distant and do not meet you. With what will they give out their loyal sincerity?
At times you also give out words and say, "When ministers below see a matter, they may only come and speak of it. Why do they expect me to use at once what they say?" This is talk that shuts out remonstrance. It is truly not the mind that takes in loyalty.
Why do I say this? To touch the stern face of a ruler, to offer what may be done and set aside what may not, is the way to complete a ruler's beauty and to correct a ruler's fault. If the ruler hears and is confused, and the matter is not carried out, then even if you had them give all their loyal and upright words and all the strength of their limbs, I fear they would be afraid when the time came and would not be willing to offer their sincerity. If it is as your enlightened edict says, then you allow them to follow you to your face, and yet you scold them for not speaking out. On what will they stand, whether they come forward or draw back?
If you would surely bring remonstrance to come, it lies in loving it, and nothing more. So Duke Huan of Qi loved to wear purple, and within his borders there was no other color. The king of Chu loved a slender waist, and many in his rear palace starved to death. If men will die and not go against a pleasure of the ear and the eye, how much more when a sage and enlightened ruler seeks loyal and upright officers. They will answer from a thousand li away, and truly it is not hard. But if there are only such words, and within there is nothing real, then to wish them surely to come cannot be had.
太宗手詔曰：
Taizong wrote out an edict in his own hand:
省前後諷諭，皆切至之意，固所望於卿也。朕昔在衡門，尚惟童幼，未漸師保之訓，罕聞先達之言。值隋主分崩，萬邦塗炭，惵々黔黎，庇身無所。朕自二九之年，有懷拯溺，發憤投袂，便提幹戈，蒙犯霜露，東西征伐，日不暇給，居無寧歲。降蒼昊之靈，稟廟堂之略，義旗所指，觸向平夷。弱水、流沙，並通輶軒之使；被發左衽，皆為衣冠之域。正朔所班，無遠不屆。及恭承寶歷，寅奉帝圖，垂拱無為，氛埃靖息，於茲十有餘年。斯蓋股肱罄帷幄之謀，爪牙竭熊羆之力，協德同心，以致於此。自惟寡薄，厚享斯休，每以撫大神器，憂深責重，常懼萬幾多曠，四聰不達，戰戰兢兢，坐以待旦。詢於公卿，以至隸皂，推以赤心。庶幾明賴，一動以鍾石；淳風至德，永傳於竹帛。克播鴻名，常為稱首。朕以虛薄，多慚往代，若不任舟楫，豈得濟彼巨川？不藉鹽梅，安得調夫五味？賜絹三百匹。
I have looked over your admonitions, early and late, and all of them are earnest and to the point. This is indeed what I looked for in you.
Long ago, when I dwelt behind a cross-bar gate, I was still a child. I had not gradually taken in the teaching of tutors and guardians, and I rarely heard the words of men who had gone before. It was then that the ruler of Sui broke apart and all the lands fell into mud and ashes, and the trembling black-haired people had nowhere to shelter themselves. From the age of eighteen I held the wish to save the drowning. I gave way to my anger and shook out my sleeves, took up spear and shield at once, braved frost and dew, and marched east and west. I had no leisure in the day and no peaceful year.
Heaven sent down its spirit, and I received the counsel of the court. Wherever the banner of right pointed, whatever it faced was leveled. To the Weak Water and the Flowing Sands alike the light carriages of envoys passed through. The lands where men loosed their hair and folded their collars to the left all became lands of cap and gown. Wherever the calendar was proclaimed, no place was so far that it was not reached.
I have humbly taken up the precious succession and reverently upheld the plan of emperors. I let my robes hang and did nothing, and the dust and haze settled into quiet, and it is now more than ten years. This is because those who were my arms and legs gave all their counsel within the tent, and those who were my claws and teeth gave all their strength like bears. They matched their virtue and joined their hearts, and so it came to this.
Thinking of myself, I am slight and thin, and yet I enjoy this fair state richly. Whenever I take the great vessel in hand, my worry is deep and my charge is heavy. I fear always that of ten thousand affairs many are left empty and that the hearing of the four quarters does not reach me, and I tremble and am wary and sit waiting for the dawn. I ask of the high ministers, and down to the lowest servants, and give them my whole heart. I hope to be plainly upheld, so that one stir of mine may ring like bell and stone, and that a pure custom and a perfect virtue may be handed down forever on bamboo and silk. I hope to spread a great name well and to be called the first always.
With my empty and slight self I have much to be ashamed of before the ages past. If I did not trust to boat and oars, how could I cross that great river? If I did not borrow salt and plum, how could I blend those five flavors?
He bestowed three hundred bolts of silk.