2.2 [27] 景公欲杀犯所爱之槐者晏子谏

齐景公打算杀掉碰到心爱槐树的人，晏子进谏

【原文】

景公有所爱槐，令吏谨守之，植木县之，下令曰：“犯槐者刑，伤之者死。”有不闻令，醉而犯之者，公闻之曰：“是先犯我令。”使吏拘之，且加罪焉。其子往辞晏子之家，托曰：“负廓之民贱妾，请有道于相国，不胜其欲，愿得充数乎下陈。”晏子闻之，笑曰：“婴其淫于色乎？何为老而见奔？虽然，是必有故。”令内之。女子入门，晏子望见之，曰：“怪哉！有深忧。”进而问焉曰：“所忧何也？”对曰：“君树槐县令，犯之者刑，伤之者死。妾父不仁，不闻令，醉而犯之，吏将加罪焉。妾闻之，明君莅国立政，不损禄，不益刑，又不以私恚害公法，不为禽兽伤人民，不为草木伤禽兽，不为野草伤禾苗。吾君欲以树木之故杀妾父，孤妾身，此令行于民而法于国矣。虽然，妾闻之，勇士不以众（疆）〔强〕凌孤独，明惠之君不拂是以行其所欲。此譬之犹自治鱼鳖者也，去其腥臊者而已。昧墨与人比居庾肆，而教人危坐。今君出令于民，苟可法于国而善益于后世，则父死亦当矣，妾为之〔收〕亦宜矣。甚乎！今之令不然，以树木之故，罪法妾父，妾恐其伤察吏之法，而害明君之义也。邻国闻之，皆谓吾君爱树而贱人，其可乎？愿相国察妾言，以裁犯禁者。”晏子曰：“甚矣！吾将为子言之于君。”使人送之归。明日，早朝，而复于公曰：“婴闻之，穷民财力以供嗜欲谓之暴；崇玩好，威严拟乎君谓之逆；刑杀不（辜）〔称〕谓之贼。此三者，守国之大殃〔也〕。今君穷民财力，以羡（馁）〔饮〕食之具，繁钟鼓之乐，极宫室之观，行暴之大者〔也〕；崇玩好，县爱槐之令，载过者驰，步过者趋，威严似乎君，逆之明者也；犯槐者刑，伤槐者死，〔刑〕杀不称，贼民之深者〔也〕。君享国，德行未见于众，而三辟著于国，婴恐其不可以莅国子民也。”公曰：“微大夫教寡人，几有大罪以累社稷，今子大夫教之，社稷之福，寡人受命矣。”晏子出，公令趣罢守槐之役，拔置县之木，废伤槐之法，出犯槐之囚。

【今译】

齐景公有棵心爱的槐树，命令官吏小心地守护着它，还在树旁立了个木桩，上面悬挂着令牌，令文写道：“碰到这棵槐树的受刑，伤到这棵槐树的处死。”有个人不知道这道禁令，喝醉酒之后不小心碰到了这棵槐树，景公知道后说：“这是第一个触犯我禁令的人。”于是命官吏把这人拘捕起来，准备严惩他。这人的女儿到晏子家去诉说情由，假装说道：“我是城边百姓家的卑贱女子，有话向相国诉说，我不能克制自己的欲望，希望到相府中充当侍妾。”晏子听说此事后，笑道：“难道我是个好色之徒？为什么我这么老了还有女子过来投靠？即便如此，这件事情也一定事出有因。”于是命人把女子叫进来。女子进门后，晏子看了看她，说：“奇怪！她有深深的忧愁。”于是上前问道：“什么事让你这么忧愁？”女子回答道：“国君在槐树前悬挂了禁令，规定碰到槐树就要惩罚，伤到槐树就要处死。我父亲愚笨，不知道这项禁令，醉酒之后碰到了槐树，官吏就要治他的罪了。我听说，贤明的君主治国理政，不损害百姓的利益，不增加刑罚，也不因为私人的怨恨损害国法，不为了禽兽伤害百姓，不为了草木伤害禽兽，不为了野草伤害禾苗。可我们的国君却因为一棵树的缘故要杀我的父亲，让我变成孤儿，这条法令在百姓中施行就变成国法了。即使如此，我听说英勇的人不会倚仗人多势强欺凌孤弱，圣明贤德的国君不违背原则去做自己想做的事。这譬如自己烹饪鱼鳖，去掉它腥臊的气味也就可以了。又比如有人在黑暗中比邻而居，在闹市上教人端坐。现在国君向百姓发出禁令，如果能够成为国法在全国施行而且有利于后世的话，那么我父亲理应被处死，我为他收尸也是应该的。可是现在的禁令并不是这样，因为一棵树的缘故要治我父亲的罪，我怕这样做会破坏严明官吏所遵守的法度，也会伤害圣明君主的仁义和威信。邻国如果知道这件事，都会说我们的国君喜爱树木，轻贱百姓，这怎么可以呢？希望相国您明察我的话，正确处理触犯禁令的人。”晏子说：“太过分了！我将会替你向国君求情。”于是命人将女子送回家中。第二天早朝时，晏子对景公说：“我听说，穷尽百姓的财富来满足自己的嗜好和欲望叫作‘暴’；尊崇自己玩赏喜爱之物，使其具有国君般的威严叫作‘逆’；责罚杀害无罪的人叫做‘贼’。这三条，是守御国家的大灾难。现在您穷尽百姓的财力，制备多余的饮食器具，增加钟鼓乐器，修建极尽华美的宫室，施行的暴政很严重了；尊崇玩赏喜爱之物，悬挂出爱槐的禁令，使得乘车经过的人策马飞奔，走路路过的快步闪避，（这棵树）的威严已经像国君了，这是很明显的‘逆’；碰到槐树要责罚，伤到槐树要处死，刑杀不当，残害百姓也很严重了。您尊享国君之位，没向百姓显示厚德善行，而这三种劣迹却举国皆知，我怕您不能再执掌国家，治理百姓了。”景公说：“要不是您教我，我险些铸成大错危害社稷，现在我得到您到教导，真是国家的福气啊，我接受您的教诲了。”晏子离开之后，景公下令撤除看守槐树的差役，拔掉悬挂禁令的木桩，废除伤槐治罪的法令，释放伤到槐树的囚犯。

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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注释

[1]Item 2.2 [27] ↔ Item 7.9 [179]; Gulienüzhuan 古列女传,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]其子往辞晏子之家托曰→其子女往晏子家说曰 (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.