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On Amnesties論赦令第三十二

Zhenguan Zhengyao (Essentials of Government of the Zhenguan Era) 貞觀政要 · Wu Jing · Early 8th century · 4 passages · 543 Chinese characters · reading time 2.2 min

Zhenguan Zhengyao (Essentials of Government of the Zhenguan Era) A topical collection of the words exchanged between Emperor Taizong of Tang and his ministers. It opens with the way of a ruler, moves through how to accept remonstrance, how to choose officials, punishment, taxes and campaigns, and ends with "On Being Careful to the End." The backbone of the book is Wei Zheng speaking face to face and bending the emperor's will, and Taizong taking it. Here too are the withdrawal from the fortress of Ansi in Goguryeo, which he never took, and the bolts of silk he gave its lord as he turned back, and Fang Xuanling's dying memorial urging him to give up the campaign against Liaodong.

貞觀七年,太宗謂侍臣曰:「天下愚人者多,智人者少,智者不肯為惡,愚人好犯憲章。凡赦宥之恩,惟及不軌之輩。古語云:『小人之幸,君子之不幸。』『一歲再赦,善人喑啞。』凡『養稂莠者傷禾稼,惠奸宄者賊良人』。昔『文王作罰,刑茲無赦。』又蜀先主嘗謂諸葛亮曰:『吾周旋陳元方、鄭康成之間,每見啟告理亂之道備矣,曾不語赦。』故諸葛亮治蜀十年不赦,而蜀大化。梁武帝每年數赦,卒至傾敗。夫謀小仁者,大仁之賊。故我有天下以來,絕不放赦。今四海安寧,禮義興行,非常之恩,彌不可數,將恐愚人常冀僥幸,惟欲犯法,不能改過。」

In the seventh year of Zhenguan, Taizong said to the ministers in attendance:

"In all under heaven the foolish are many and the wise are few. The wise will not do evil, and the foolish are fond of breaking the statutes. The grace of amnesty and pardon reaches only the lawless sort. An old saying goes, 'The good fortune of the small man is the misfortune of the gentleman,' and 'When there are two amnesties in one year, good men are struck dumb.' And it is said, 'To raise up weeds is to harm the grain, and to show favor to the treacherous and the thieving is to injure good men.' Long ago it was said, 'King Wen made his punishments, and such men he punished and did not pardon.'

"Again, the First Ruler of Shu once said to Zhuge Liang, 'I went back and forth between Chen Yuanfang and Zheng Kangcheng, and whenever I saw them open and set forth the way of rule and of disorder it was complete, yet they never once spoke of amnesty.' So Zhuge Liang, governing Shu, granted no amnesty for ten years, and Shu was greatly transformed. Emperor Wu of Liang granted amnesties several times a year and came at last to ruin and collapse. To scheme for a small benevolence is a thief of the great benevolence.

"Therefore, since I came to hold all under heaven, I have never once let an amnesty go out. Now the four seas are at peace and rites and right conduct rise and are practiced, and an uncommon grace cannot be granted the more often. I fear that the foolish will always hope for luck and will want only to break the law, and will not be able to mend their faults."

貞觀十年,太宗謂侍臣曰:「國家法令,惟須簡約,不可一罪作數種條。格式既多,官人不能盡記,更生奸詐,若欲出罪即引輕條,若欲入罪即引重條。數變法者,實不益道理,宜令審細,毋使互文。」

In the tenth year of Zhenguan, Taizong said to the ministers in attendance:

"The laws and ordinances of the state must be brief and sparing, and for one offense many separate articles must not be made. When the rules and the forms are many, the officials cannot remember them all, and treachery and deceit arise again. If they wish to clear a man of his guilt, they cite the light article; if they wish to hold him guilty, they cite the heavy one. To change the law often is truly no help to right order. Let it be examined with care, so that no articles run against each other."

貞觀十一年,太宗謂侍臣曰:「詔令格式,若不常定,則人心多惑,奸詐益生。《周易》稱『渙汗其大號』,言發號施令,若汗出於體,一出而不復也。《書》曰:『慎乃出令,令出惟行,弗為反。』且漢祖日不暇給,蕭何起於小吏,制法之後,猶稱畫一。今宜詳思此義,不可輕出詔令,必須審定,以為永式。」

In the eleventh year of Zhenguan, Taizong said to the ministers in attendance:

"If edicts and commands and rules and forms are not always settled, men's hearts are often confused and treachery and deceit grow the more. The Book of Changes says, 'He sends out his great commands like sweat.' This says that giving out commands and issuing orders is like sweat coming out of the body: once it comes out it does not return. The Book of Documents says, 'Be careful in giving out your commands. When a command goes out, it is only to be carried out; do not turn it back.'

"Again, Gaozu of Han had no leisure in his days, and Xiao He rose from a petty clerk; yet after they had made the laws, those laws were still called of one measure. Now this meaning should be thought over in detail. Edicts and commands must not be sent out lightly. They must be examined and settled, and made a form that will last."

長孫皇后遇疾,漸危篤。皇太子啟后曰:「醫藥備盡,今尊體不瘳,請奏赦囚徒並度人入道,冀蒙福祐。」后曰:「死生有命,非人力所加。若修福可延,吾素非為惡者;若行善無效,何福可求?赦者國之大事,佛道者,上每示存異方之教耳,常恐為理體之弊。豈以吾一婦人而亂天下法?不能依汝言。」

Empress Zhangsun fell ill, and little by little she grew dangerously sick. The crown prince said to the empress:

"Physicians and medicines have all been used, and still your honored body does not recover. I beg that prisoners be pardoned by your word and that men be let enter the way, so that we may hope to receive blessing and help."

The empress said:

"Death and life have their appointed span, and it is not a thing that a man's strength can add to. If blessing could be cultivated and life lengthened by it, I have never been a doer of evil; and if doing good brings no result, what blessing can be sought?

"An amnesty is a great affair of the state, and as for the way of the Buddha, His Majesty has only shown that he lets the teaching of another land remain, and he always fears that it may harm the body of good rule. How should I, one woman, throw the law of all under heaven into disorder? I cannot follow what you say."