第二卷 谏下

2.1 [26] 景公藉重而狱多欲托晏子晏子谏

齐景公赋税重而刑狱多打算把刑狱之事托付给晏子，晏子进谏

【原文】

景公藉重而狱多，拘者满圄，怨者满朝。晏子谏，公不听。公谓晏子曰：“夫狱，国之重官也，愿托之夫子。”晏子对曰：“君将使婴敕其功乎？则婴有一妄能书，足以治之矣。君将使婴敕其意乎？夫民无欲残其家室之生以奉暴上之僻者，则君使吏比而焚之而已矣。”景公不说，曰：“敕其功则使一妄，敕其意则比焚，如是，夫子无所谓能治国乎？”晏子曰：“婴闻与君异。今夫胡狢戎狄之蓄狗也，多者十有余，寡者五六，然不相害。今束鸡豚妄投之，其折骨决皮，可立（得）〔待〕也。且夫上正其治，下审其论，则贵贱不相逾越。今君举千钟爵禄而妄投之于左右，左右争之，甚于胡狗，而公不知也。寸之管无当，天下不能足之以粟。今齐国丈夫耕，女子织，夜以接日，不足以奉上，而君侧皆雕文刻镂之观。此无当之管也，而君终不知。五尺童子，操寸之烟，天下不能足以薪。今君之左右，皆操烟之徒，而君终不知。钟鼓成肆，干戚成舞，虽禹不能禁民之观。且夫饰民之欲，而严其听，禁其心，圣人所难也，而况夺其财而饥之，劳其力而疲〔之〕，常致其苦而严听其狱，痛诛其罪，非婴所知也。”

【今译】

齐景公当政时，赋税重而冤案多，被拘捕的人填满了监狱，心怀怨愤的人遍布朝堂。晏子进谏，景公不听。景公对晏子说：“监狱是国家的重要机构，我想把它托付给您去管理。”晏子回答说：“您是想让我整顿刑狱吗？那么我有一个会写字的妄庸手下，完全能把这件事情办好。您是想让我整顿百姓的思想吗？既然百姓不愿意损害家庭的生计来供奉暴君的不良嗜好，那么您派人把他们犯罪的案卷一个个烧掉就可以了。”景公很不高兴，说：“要清理刑狱就派一个小妾，要整顿百姓反抗的思想就把他们犯罪的案卷烧掉，如果这样的话，您又怎么谈得上能够治国呢？”晏子说：“我的看法与您不同。如今胡狢戎狄养狗，多的有十多只，少的有五六只，然而它们不会互相伤害。但如果将鸡肉或者猪肉随便扔给它们，那么它们（为了抢肉吃）马上就会互相撕咬得皮开肉绽、筋断骨折。而且国君端正自己的统治，百姓们懂得伦理，那么尊贵和卑贱才能各守本分而不互相逾越。现在您拿着高官厚禄随意赏赐给左右的亲信，他们抢夺起来比胡人的狗还要激烈，而您并不知道。一寸长的管子没有底，那么天下的粮食也装不满。现在齐国男子种田，女子织布，夜以继日的劳作，也不够供奉国君的开销，而您周围都是雕刻镂画装饰华美的景观。这就是没有底的管子，而您不知道。五尺高的小孩儿，拿着一寸来长的火把引火，天下的柴草加起来也不够烧。现在您身边的亲信都是手持火把的人，而您不知道。当钟鼓排列奏起音乐，干戚挥动汇成舞蹈时，即便是大禹也不能禁止百姓观赏。而且压抑百姓的欲望，严格控制他们的见闻，禁锢他们的思想，这是圣人也难以办到的事，更何况掠夺他们的财物让他们挨饿，征用他们的劳力让他们疲乏，长期让他们受苦受难又严酷地判处他们入狱，狠心地治他们的罪，这些做法不是我所能理解的。”

Under Duke Jing,taxes were heavy and lawsuits numerous. The prison was full of detainees,and the court was filled w ith those who harbored resentments. Yanzi remonstrated,but the Duke did not pay heed.

The Duke said to Yanzi: “Handling lawsuits is an important official duty in the state. Master,I w ish to entrust you w ith it.”

Yanzi replied: “Do you,my Lord,w ish to appoint me in order to manage these law suits? Then I have a concubine^[1] who can w rite,and she w ill suffice to manage them. Or do you,my Lord,w ish to appoint me in order to manage the m inds of those who harbor resentments? Well now,since none of the people desire to destroy their family livelihood in order to comply w ith the perversities of cruel superiors,you should just order your officials to gather these lawsuits and burn them.”

Duke Jing was displeased and said: “You say that in order to manage these lawsuits I could appoint a concubine,and in order to manage the minds of those who harbor resentments,I could gather these lawsuits and burn them; then,if that is all there is,have you none of what is called ‘the ability to govern a state,’ my Master?”

Yanzi replied: “This is different from what I have heard. Well now,the Hu,Mo,^[2] Rong,and Di tribes^[3] raise their dogs in packs ranging from groups larger than ten to groups as small as five or six. Yet these dogs do not harm and maim one another. But now,tie up a chicken or a suckling pig and recklessly fling it at them,and as you stand there,you would expect them to break each other’s bones and tear each other’s skins to pieces. Likew ise,if superiors are correct in their governing and inferiors are clear as to their ranks,^[4] the honored and low ly do not overstep their boundaries. But now you,my Lord,take ranks and emoluments amounting to a thousand zhong of grain and recklessly fling them at your entourage,and they fight for them more ferociously than the dogs of the Hu tribes; you,my Duke,fail to understand all this. A ll the grain in the state could not fill an inch-long^[5] tube w ithout a bottom. But now,in the state of Qi,the men plough and the women weave all through the night until dawn,and yet this is not enough to meet the demands of their superiors. Everywhere in your surroundings,my Lord,you have the most lovely carvings and engravings—this is the tube w ithout a bottom; yet you,my Lord,certainly fail to understand all this. If a five-foot tall boy^[6] were to hold an inch-long fire-spill,^[7] then the entire realm could not supply enough firewood for the fires it would set. Yet your entire entourage,my Lord,is lighters of flames,but you persistently fail to understand all this. When bells and drums are arranged in order,and the dance of Shields and Axes^[8] is presented,even Yu^[9] could not prohibit people from watching. Likew ise,even a sage would find it difficult to refine the desires of the people and still restrict their listening and restrain their hearts; all the more so when you,my Lord,rob the people of their property and starve them,exploit their strength and tire them,regularly bring suffering upon them,are harsh in dealing w ith their lawsuits,and punish their crimes severely. This is something beyond my understanding.”

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注释

[1]妄→妾 (JS,98/5).

[2]狢→貉 (YZCQ-ICS,11,n. 4).

[3]The Hu 胡,Mo 狢 and Di 狄 tribes were situated in the North; the Rong 戎 were situated in the West.

[4]论→伦 (JS,99/12).

[5]Cun 寸,an “inch,” approximately 2.3 centimeters,is equal to about one tenth of a chi 尺 (“a foot”),approximately 23 centimeters.

[6]Approximately 115 cm. In other words,a fairly short and young child.

[7]烟→熛 (JS,99/16).

[8]The Shields and Axes was a war dance in which the performers brandished shields and axes and m im icked a war scene. See Liji 礼记 ,19.1/100/28; Hanshi waizhuan,4.9/27/20.

[9]Emperor Yu 禹 or the Great Yu,the legendary first ruler of the Xia dynasty.