2.2 [27] 景公欲殺犯所愛之槐者晏子諫

齊景公打算殺掉碰到心愛槐樹的人，晏子進諫

【原文】

景公有所愛槐，令吏謹守之，植木縣之，下令曰：“犯槐者刑，傷之者死。”有不聞令，醉而犯之者，公聞之曰：“是先犯我令。”使吏拘之，且加罪焉。其子往辭晏子之家，托曰：“負廓之民賤妾，請有道于相國，不勝其欲，愿得充數(shù)乎下陳。”晏子聞之，笑曰：“嬰其淫于色乎？何為老而見奔？雖然，是必有故。”令內(nèi)之。女子入門，晏子望見之，曰：“怪哉！有深憂。”進而問焉曰：“所憂何也？”對曰：“君樹槐縣令，犯之者刑，傷之者死。妾父不仁，不聞令，醉而犯之，吏將加罪焉。妾聞之，明君蒞國立政，不損祿，不益刑，又不以私恚害公法，不為禽獸傷人民，不為草木傷禽獸，不為野草傷禾苗。吾君欲以樹木之故殺妾父，孤妾身，此令行于民而法于國矣。雖然，妾聞之，勇士不以眾（疆）〔強〕凌孤獨，明惠之君不拂是以行其所欲。此譬之猶自治魚鱉者也，去其腥臊者而已。昧墨與人比居庾肆，而教人危坐。今君出令于民，茍可法于國而善益于后世，則父死亦當矣，妾為之〔收〕亦宜矣。甚乎！今之令不然，以樹木之故，罪法妾父，妾恐其傷察吏之法，而害明君之義也。鄰國聞之，皆謂吾君愛樹而賤人，其可乎？愿相國察妾言，以裁犯禁者。”晏子曰：“甚矣！吾將為子言之于君。”使人送之歸。明日，早朝，而復于公曰：“嬰聞之，窮民財力以供嗜欲謂之暴；崇玩好，威嚴擬乎君謂之逆；刑殺不（辜）〔稱〕謂之賊。此三者，守國之大殃〔也〕。今君窮民財力，以羨（餒）〔飲〕食之具，繁鐘鼓之樂，極宮室之觀，行暴之大者〔也〕；崇玩好，縣愛槐之令，載過者馳，步過者趨，威嚴似乎君，逆之明者也；犯槐者刑，傷槐者死，〔刑〕殺不稱，賊民之深者〔也〕。君享國，德行未見于眾，而三辟著于國，嬰恐其不可以蒞國子民也。”公曰：“微大夫教寡人，幾有大罪以累社稷，今子大夫教之，社稷之福，寡人受命矣。”晏子出，公令趣罷守槐之役，拔置縣之木，廢傷槐之法，出犯槐之囚。

【今譯】

齊景公有棵心愛的槐樹，命令官吏小心地守護著它，還在樹旁立了個木樁，上面懸掛著令牌，令文寫道：“碰到這棵槐樹的受刑，傷到這棵槐樹的處死。”有個人不知道這道禁令，喝醉酒之后不小心碰到了這棵槐樹，景公知道后說：“這是第一個觸犯我禁令的人。”于是命官吏把這人拘捕起來，準備嚴懲他。這人的女兒到晏子家去訴說情由，假裝說道：“我是城邊百姓家的卑賤女子，有話向相國訴說，我不能克制自己的欲望，希望到相府中充當侍妾。”晏子聽說此事后，笑道：“難道我是個好色之徒？為什么我這么老了還有女子過來投靠？即便如此，這件事情也一定事出有因。”于是命人把女子叫進來。女子進門后，晏子看了看她，說：“奇怪！她有深深的憂愁。”于是上前問道：“什么事讓你這么憂愁？”女子回答道：“國君在槐樹前懸掛了禁令，規(guī)定碰到槐樹就要懲罰，傷到槐樹就要處死。我父親愚笨，不知道這項禁令，醉酒之后碰到了槐樹，官吏就要治他的罪了。我聽說，賢明的君主治國理政，不損害百姓的利益，不增加刑罰，也不因為私人的怨恨損害國法，不為了禽獸傷害百姓，不為了草木傷害禽獸，不為了野草傷害禾苗。可我們的國君卻因為一棵樹的緣故要殺我的父親，讓我變成孤兒，這條法令在百姓中施行就變成國法了。即使如此，我聽說英勇的人不會倚仗人多勢強欺凌孤弱，圣明賢德的國君不違背原則去做自己想做的事。這譬如自己烹飪魚鱉，去掉它腥臊的氣味也就可以了。又比如有人在黑暗中比鄰而居，在鬧市上教人端坐。現(xiàn)在國君向百姓發(fā)出禁令，如果能夠成為國法在全國施行而且有利于后世的話，那么我父親理應被處死，我為他收尸也是應該的。可是現(xiàn)在的禁令并不是這樣，因為一棵樹的緣故要治我父親的罪，我怕這樣做會破壞嚴明官吏所遵守的法度，也會傷害圣明君主的仁義和威信。鄰國如果知道這件事，都會說我們的國君喜愛樹木，輕賤百姓，這怎么可以呢？希望相國您明察我的話，正確處理觸犯禁令的人。”晏子說：“太過分了！我將會替你向國君求情。”于是命人將女子送回家中。第二天早朝時，晏子對景公說：“我聽說，窮盡百姓的財富來滿足自己的嗜好和欲望叫作‘暴’；尊崇自己玩賞喜愛之物，使其具有國君般的威嚴叫作‘逆’；責罰殺害無罪的人叫做‘賊’。這三條，是守御國家的大災難。現(xiàn)在您窮盡百姓的財力，制備多余的飲食器具，增加鐘鼓樂器，修建極盡華美的宮室，施行的暴政很嚴重了；尊崇玩賞喜愛之物，懸掛出愛槐的禁令，使得乘車經(jīng)過的人策馬飛奔，走路路過的快步閃避，（這棵樹）的威嚴已經(jīng)像國君了，這是很明顯的‘逆’；碰到槐樹要責罰，傷到槐樹要處死，刑殺不當，殘害百姓也很嚴重了。您尊享國君之位，沒向百姓顯示厚德善行，而這三種劣跡卻舉國皆知，我怕您不能再執(zhí)掌國家，治理百姓了。”景公說：“要不是您教我，我險些鑄成大錯危害社稷，現(xiàn)在我得到您到教導，真是國家的福氣啊，我接受您的教誨了。”晏子離開之后，景公下令撤除看守槐樹的差役，拔掉懸掛禁令的木樁，廢除傷槐治罪的法令，釋放傷到槐樹的囚犯。

Duke Jing had a Pagoda tree^[2] that he loved. He ordered his officials to guard it carefully. He set up a wooden pole and posted the follow ing order on it: “W hoever violates the tree w ill be punished; whoever damages it w ill die.”

Some man did not hear of the order and,while drunk,violated the tree. When the Duke heard of this,he said: “This is the first violation against my order” and appointed officials to arrest the man and punish him.

The man’s daughter went to Yanzi’s house,saying:^[3] “An unworthy woman of the people from beyond the city wall asks permission to speak to the Chief M inister. As I cannot contain my desires,I w ish to occupy a place in the ranks of your lesser quarters.”

When Yanzi heard this,he laughed and said: “Am I one who indulges in lew dness? How should I,in my old age,meet w ith some amorous woman? Nevertheless,she must have some reason for coming here.” He ordered her to be let in. When she stepped through the gate,he looked at her from afar and said: “Strange,she is deeply troubled.” He allowed her to enter the house and asked her: “What are you troubled about?”

The woman answered: “Our Lord planted a Pagoda Tree w ith an order posted on it that whoever violates the tree w ill be punished,and whoever damages it will die. My father is numb and did not pay heed to this command. He violated the Pagoda Tree while drunk,and the officials are going to punish him. I have heard that when an enlightened ruler oversees the state and establishes a government,he neither lowers salaries nor increases punishments. Moreover,he does not offend public laws because of personal spite. He does not hurt people for the sake of w ild animals,or w ild animals for the sake of plants,or crops for the sake of weeds. Our Lord wants to kill my father and orphan me because of a tree. This order is to be applied to the people and w ill become a state law. Nevertheless,I have heard: ‘A courageous officer w ill not bully the lone individual w ith numerical superiority and strength; an enlightened and compassionate ruler w ill not cast aside what is right in order to carry out his desires.’ This can be compared to one who prepares fish and tortoises by oneself and gets rid of their rancid and fetid odors,and nothing more; or to one who,in the dark of his shop in the market-quarter,instructs his neighbors to sit in a dignified manner.^[4] Now our Lord has issued an order to the people. If the order is indeed turned into a state law whose positive effect would benefit future generations,then it would also be proper that my father die,and right that I place him in a coffin. Yet how different is the present order! M y father is to be punished for the sake of a tree. I am afraid that this w ill hurt the law fulness of the discerning officials and violate the righteousness of an enlightened ruler. If the neighboring states hear of this,they w ill all say that our Lord loves trees and disdains people. Is this right? It is my w ish that you,the prime minister of the state,examine my words and thereby judge the offender of this prohibition.”

Yanzi said: “This is indeed extreme. I w ill speak w ith our Lord about this on your behalf.” He appointed someone to take her back. The next day,he went early in the morning for an audience w ith the Duke and reported to him: “I have heard that exhausting the property and the strength of the people in order to satisfy cravings and desires is known as ‘tyranny.’Adoring fine things and precious objects and giving them the same exalted position of authority as to the ruler himself is known as ‘perversion.’Punishing or executing the innocent is known as ‘predation.^[5] These three characterizations are the principal disasters that can befall the safeguarding of the state. But now you,my Lord,exhaust the property and the strength of the people in order to create a surplus of your utensils for eating and drinking. You augment the music of bells and drums and you spend excessive amounts on the splendor of your palaces. This is an extremely tyrannical practice. You,my Lord,give priority to fine things and precious objects. You post an order that anyone who passes a beloved Pagoda Tree in a carriage has to gallop and anyone who passes it on foot has to run,so that the sam e honor is paid to it as to you; this is clearly a perversion. When you say that anyone who violates the Pagoda Tree w ill be punished and anyone who damages it w ill die,the punishment and the execution are inappropriate,amounting to treating the people w ith the most extreme kind of criminality. Ever since you have enjoyed the rule over this state,you have shown the multitude no sign of virtuous conduct,while these three forms of depravity have been clearly manifested in the state. I am afraid that these cannot be the means by which you oversee the state and rule the people as if they were your own children.”

The Duke said: “Had you not instructed me,I might have committed a grave crime that would have had a disastrous effect on the altars of soil and grain. But now you,my High Officer,have instructed me on this matter; this is the good fortune of the altars of soil and grain. I accept your commands.”

A fter Yanzi departed,the Duke ordered his officials to quickly dism iss the guards around the Pagoda Tree,to pull out the wooden pole that had been set up,to annul the law concerning the damaging of the Pagoda Tree,and to release the prisoner who violated the Pagoda Tree.

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注釋

[1]Item 2.2 [27] ? Item 7.9 [179]; Gulienüzhuan 古列女傳,6.4/53/20.

[2]The Huai 槐 tree,Styphnolobium japonicum,or Sophora japonica,is known as the “Japanese Pagoda Tree,” “Chinese Scholar Tree,” or more sim ply as the “Pagoda Tree” or “Scholar Tree.”

[3]其子往辭晏子之家托曰→其子女往晏子家說曰 (JS,103/8-9).

[4]These tw o analogies do not appear in the parallel Gulienüzhuan version of this episode and,indeed,most commentators agree that these two analogies are not genuine but probably a later interpolation,see JS,104-105/23-24.

[5]For a sim ilar negative characterizations of government,cf. Analects,20.2/57/30.