Yan Tie Lun (鹽鐵論) · Volume 30

御史曰待周公而為相【去聲】則世無列國待孔子而後學則世無儒墨【韓非子曰世之顯學儒墨也儒之所至孔丘也墨之所至墨翟也自孔子之死也有子張之儒有子思之儒有顔氏之儒有孟氏之儒有漆雕氏之儒有仲梁氏之儒有孫氏之儒有樂正氏之儒自墨子之死也有相里氏之墨有相夫氏之墨有鄧陵氏之墨故孔墨之後儒分為八墨離為三取捨相反不同而皆自謂真孔墨不可復生將誰定世之學乎修務訓曰美人者非必西施之種通士者不必孔墨之類】夫【音扶】衣小缺襟裂可以補而必待全匹而易之政小缺法令可以坊【古防字】而必待雅頌乃治之是猶舍鄰之醫而求俞跗【音夫】而後治病廢汙池之水待江海而後救火也【趙中庶子曰俞跗之為醫也榒木為腦芷草為軀吹竅定腦死者復生韓非子曰失火而取水於海海水雖多火必不滅矣逺水不救近火也】迂而不徑闕而無務是以教令不從而治煩亂夫【音扶】善為政者弊則補之決則塞之故吳子以法治楚魏【道應訓曰吳起為楚令尹適魏問屈宜若曰王不知起之不肖而以為令尹先生試觀起之為人也屈子曰將奈何吳起曰將衰楚國之爵而平其制祿捐其有餘而綏其不足砥礪甲兵時爭利於天下屈子曰宜若聞之昔善治國家者不變其故不易其常今子將衰楚國之爵而平其制祿捐其有餘而綏其不足是變其故易其常也行之者不利宜若聞之曰怒者逆徳也兵者兇器也爭者人之所末也今子隂謀逆徳好用兇器始人之所末逆之至也且子用魯兵不宜得志於齊而得志焉子用魏兵不宜得志於秦而得志焉宜若聞之非禍人不能成禍吾固惑吾王之數逆天理戾人道至今無禍差湏夫子也吳起惕然曰尚可更乎屈子曰成形之徒不可更也子不若敦愛而篤行之範睢曰吳起事悼王使私不害公防不蔽忠言不取苟合行不取苟容行義不顧譭譽必欲覇主強國不辭禍兇】申商以法彊秦韓也【要畧曰申子者韓昭釐之佐韓晉別國也地墽民險而介於大國之間晉國之故禮未滅韓國之新法重出先君之令未收後君之令又下新故相反前後相繆百官背亂不知所用故刑名之書生焉秦國之俗貪狼彊力寡義而趨利或威以刑而不可化以善可勸以賞而不可厲以名被險而帶河四塞以為固地利形便畜積殷富孝公欲以虎狼之勢而吞諸侯故商鞅之法生焉傳曰申不害荊人也故鄭之賤臣學術以幹韓昭侯昭侯用為相內修政教外應諸侯十五年終申子之身國治兵彊無侵韓者範睢曰公孫鞅事孝公極身毋二盡公不還私信賞罰以致治竭智能示情素怨咎欺舊交虜魏公子卬卒為秦禽將破敵軍攘地千里泰族訓曰申子之三符商鞅之啟塞皆掇取之權一切之術也非治之大本事之恆常可博聞而世傳者也】

The Imperial Counselor said: If one must wait for the Duke of Zhou to be chancellor [phonetic gloss: "xiang" is read in the departing tone], then the age would have no states in a row; if one must wait for Confucius before studying, then the age would have no Confucians or Mohists [Han Feizi said: The prominent schools of the age are the Confucians and Mohists. The ultimate of the Confucians is Confucius and of the Mohists is Mo Di. Since Confucius's death there have been the Confucians of Zizhang, of Zisi, of the Yan family, of Mencius, of the Qidiao family, of the Zhongliang family, of the Sun family, and of the Yuezheng family; since Mozi's death there have been the Mohists of the Xiangli family, of the Xiangfu family, and of the Dengling family. So after Confucius and Mozi the Confucians split into eight and the Mohists into three, with opposite taking and leaving, and all called themselves the true Confucius and Mozi. Confucius and Mozi cannot live again; who will settle the learning of the age? The chapter "Xiuwu" says: A beautiful woman need not be of the stock of Xi Shi, and a penetrating scholar need not be of the kind of Confucius and Mozi.]. The opening "fu" [phonetic gloss: "fu" is read fu]: if clothing has a small tear or lapel split, it can be mended, yet one insists on waiting to replace it with a whole bolt of cloth; if government has a small lack and laws and decrees can be guarded against ["fang" is the ancient form of "fang" (to guard)], yet one insists on waiting for the Ya and Song odes before governing, it is like leaving a neighboring doctor and seeking Yu Fu before treating an illness, or discarding the water of a pond and waiting for rivers and seas before putting out a fire [Zhao's Zhongshuzi said: Yu Fu as a doctor made a brain of wood and a body of angelica, blew into the orifices to settle the brain, and the dead lived again. Han Feizi said: If one's house is on fire and one takes water from the sea, though the sea has much water the fire will certainly not go out; distant water does not save a near fire.]. Roundabout and not direct, lacking and without work; so teaching and orders are not followed and governance becomes troubled and confused. The opening "fu" [phonetic gloss: "fu" is read fu]: one who is good at governing mends what is worn and blocks what has broken. So Master Wu governed Chu and Wei by law [the chapter "Daoying" says: When Wu Qi was chancellor of Chu, he went to Wei and asked Qu Yiruo: The king does not know that Qi is unworthy and has made me chancellor; Sir, try to observe what sort of person Qi is. Master Qu said: What will you do? Wu Qi said: I will reduce the ranks of the Chu state and equalize its salaries, take away the surplus and comfort the lacking, sharpen armor and weapons, and contend for profit in the world at times. Master Qu said: I have heard that those who govern a state well do not change its old ways and do not alter its constants. Now you intend to reduce the ranks of Chu and equalize its salaries, take away the surplus and comfort the lacking; this is changing its old ways and altering its constants, and those who do it do not profit. I have heard: Anger goes against virtue, weapons are instruments of ill omen, and contention is what people regard as lowly. Now you secretly plot against virtue and love using instruments of ill omen, beginning what people regard as lowly, the utmost of going against. Moreover, using the army of Lu you should not have gained your aim against Qi yet you did, and using the army of Wei you should not have gained your aim against Qin yet you did. I have heard: Only one who brings calamity on others can bring calamity to completion. I have indeed been puzzled that my king so often goes against Heavenly principle and offends the Way of man, and has had no calamity to this day, and it is only waiting for you. Wu Qi was alarmed and said: Can it still be changed? Master Qu said: Those whose form has been completed cannot be changed. You would do better to be generous and earnest in love and practice it. Fan Sui said: Wu Qi served King Dao, making private interest not harm the public, slander not conceal loyalty, words not take careless agreement, conduct not seek careless acceptance, practicing rightness without regard for blame or praise, and wished to make his ruler hegemon and the state strong, not declining calamity or ill fortune.]; Shen and Shang strengthened Qin and Han by law [the chapter "Yaolue" says: Master Shen was an assistant to Marquis Zhaoxi of Han. Han was a separate state split from Jin, its land was rugged and its people dangerous and sandwiched between great states; the old ritual of Jin had not yet perished and the new laws of Han came forth heavily; the orders of the former lord had not yet been withdrawn and the orders of the later lord were again issued, new and old contradicted each other and front and back disagreed, the hundred officials were confused and did not know what to follow, and so books of forms and names arose. The custom of Qin was greedy, wolfish and forceful, with little righteousness and chasing profit; it could be awed by punishment but not transformed by goodness, could be encouraged by rewards but not stirred by fame; it was protected by dangerous terrain and girded by rivers, with four passes as its fortification, with advantageous geography and abundant stores. Duke Xiao wished to swallow the feudal lords with the power of tiger and wolf, so Shang Yang's laws arose. The commentary says: Shen Buhai was a man of Jing, formerly a lowly official of Zheng, who used his learning to approach Marquis Zhao of Han, and the Marquis used him as chancellor, who cultivated governance and teaching within and responded to the feudal lords without for fifteen years, and throughout Master Shen's life the state was well governed and the army strong, and no one invaded Han. Fan Sui said: Gongsun Yang served Duke Xiao, devoted himself without a second thought, exhausted the public and did not return to the private, trusted rewards and punishments to bring about good order, exhausted his wisdom and ability, showed his feelings plainly, took on (the original has a rare character here that by sense should read "meng") resentment and blame, betrayed an old friend and captured Prince Ang of Wei, and in the end became Qin's general and broke enemy armies, and extended territory by a thousand li. The chapter "Taizu" says: Master Shen's three tallies and Shang Yang's opening and blocking were all expedient powers and stopgap methods, not great roots of governance or constants of affairs, not something to be learned broadly and handed down through the ages.].

文學曰有國者選眾而任賢學者博覽而就善何必是周公孔子故曰法之而已【齊俗訓曰夫待騕褭飛兎而駕之則世莫乘車待西施毛嬙而為配則終身不家矣然非待古之英俊而人自足者因所有而並用之陸子曰音以比耳為美色以悅目為歡是以眾聽所傾非假百里之操萬夫婉孌非俟西子之顔故聖人隨世以擢佐明主因時而命官】今商鞅吳起反聖人之道變亂秦俗其後政耗亂而不能理流失而不可復愚人縱火於沛澤不能復振蜂蠆【音瘥】螫【音式】人放死不能息其毒也【傳曰吳起削刑而車裂商鞅峻法而支解】煩而止之躁而靜之上下勞擾而亂益滋故聖人教化上與日月俱照下與天地同流豈曰小補之哉

The Literati said: Those who hold a state select from the multitude and employ the worthy, and learners read widely and approach the good; why must it be the Duke of Zhou or Confucius? So it is said: just model on them [the chapter "Qisu" says: If one had to wait for Yaoniao or Feitu to draw a carriage, no one in the world would ride; if one had to wait for Xi Shi or Mao Qiang to be a spouse, one would never have a household. Yet it is not that one waits for outstanding talents of ancient times and people are self-sufficient; they use what they have together. Master Lu said: Sound is beautiful by suiting the ear, and color is delightful by pleasing the eye. So what the many listen to with leaning ear does not borrow the performance of Baili, and ten thousand men's love does not wait for the face of Xi Zi. So the sage follows the age in selecting assistants and the enlightened ruler appoints officials in accord with the time.]. Now Shang Yang and Wu Qi went against the Way of the sages and changed and confused Qin's customs, and afterward government was exhausted and in disorder and could not be repaired, and what was lost could not be restored. A fool setting fire to a marsh cannot restore it, and when wasps and scorpions [phonetic gloss: "chai" is read cuo] sting [phonetic gloss: "shi" is read shi] people, even when released and dead they cannot stop their venom [the commentary says: Wu Qi cut punishments and was torn apart by chariots, Shang Yang made laws severe and was dismembered.]. Stopping a fuss with more fuss, quieting haste with haste, high and low toil and are disturbed and disorder increases. So the sage's teaching and transformation shines together with sun and moon above and flows with Heaven and Earth below; how could it be called a petty mending?

御史曰衣缺不補則日以甚坊【古防字】漏不塞則日以滋大河之始決於瓠子也涓涓爾及其卒泛【音泛】濫為中國害菑梁楚破曹衞城郭壊沮稸【音畜】積漂流百姓木棲千里無廬令孤寡無所依老弱無所歸【金人銘曰涓涓不壅將成江河緜緜不絶將成網羅青青不伐將尋斧柯誠不能慎之禍之根也曰是何傷禍之門也】故先帝閔悼其菑親省河堤【通作隄】舉禹之功河流以復曺衞以寧百姓戴其功詠其徳歌宣房塞萬福來焉亦猶是也如何勿小補哉【漢武帝瓠子歌曰頽林竹楗石菑宣房塞萬福來】

The Imperial Secretary said: A tear in clothing, if not mended, worsens day by day; a leak in a dike ["fang" is the ancient form of the character "fang", to guard against], if not plugged, widens day by day. When the Great River first burst its banks at Huzi, it was a mere trickle; but in the end it overflowed [pronunciation note: the character "fan" is read "fan"] and flooded, bringing disaster to the Central Plain, devastating Liang and Chu, breaking through Cao and Wei, collapsing city walls, and sweeping away the stored grain [pronunciation note: the character "chu" is read "chu"]. The common people lived in trees, there was no house for a thousand li, and widows, orphans, the old and the weak had nowhere to rely on or return to [The Inscription on the Golden Man says: If a trickle is not dammed, it will become a river; if fine threads are not cut, they will become a net; if green shoots are not cut down, they will call for the axe. If one truly cannot be careful about this, it is the root of calamity; to say 'what harm is there in it' is the gateway to calamity.]. That is why the late Emperor grieved over this disaster, personally inspected the river embankments [also written with another character for 'embankment'], took up the achievement of Yu, and had the river restored to its course, so that Cao and Wei were at peace, and the people honored his merit and sang of his virtue, singing that 'when Xuanfang is sealed, ten thousand blessings will come' (this is much the same case). How can one say that small mending is of no use [Emperor Wu of Han's Song of Huzi says: The forest bamboo falls, the stones are piled against the flood; when Xuanfang is sealed, ten thousand blessings will come. (The original text has a rare character here, which by the sense should be read as "xi", a particle.)]?

文學曰河決若甕口而破千里況禮決乎其所害必多矣【樂王鮒曰江出汶山其源若甕口至楚國其廣千里無他故其下流多也晏子曰君子無禮是庶人也庶人無禮是禽獸也夫臣勇多則弒其君子力多則弒其長然而不敢惟禮之謂也禮者所以御民轡者所以御馬也無禮而能治國家者未之聞也他日又謂景公曰自齊國五尺已上力皆能勝嬰與君所以不敢者畏禮也故自天子無禮則無以守社稷諸侯無禮則無以守其國大夫無禮則無以守其家為人上無禮則無以使其下為人下無禮則無以事其上兄弟無禮則不同居人而無禮不若遄死刑法志曰書云伯夷降典折民惟刑言制禮以止刑猶隄之防溢水也今隄防陵遲禮制未立死刑過制生刑易犯飢寒並至窮斯濫溢豪傑擅私為之囊槖奸有所隠則狃而寖廣此刑之所以蕃也】今斷獄嵗以萬計犯法滋多其為菑豈特曺衞哉夫【音扶】知塞宣房而福來不知塞亂原而天下治也周國用之刑錯不用黎民若四時各終其序而天下不孤頌曰綏我眉夀介以繁祉此天為福亦不小矣誠信禮義如宣房功業已立垂拱無為有司何補法令何塞也

The Literati said: A river burst like the mouth of a jar can break through a thousand li; how much more so when ritual bursts its bounds? The harm it causes must be great [Yue Wangfu said: The Yangtze rises from Mount Min, and its source is like the mouth of a jar, yet by the time it reaches Chu it is a thousand li wide, for no other reason than that its lower reaches take in many streams. Master Yan said: A gentleman without ritual is a commoner, and a commoner without ritual is a beast. If a minister has too much courage, he will murder his lord; if a son has too much strength, he will murder his elder; yet they do not dare, because of ritual alone. Ritual is how one governs the people, as the reins are how one governs a horse. I have never heard of anyone governing a state without ritual. Another day he also said to Duke Jing: Every man in Qi over five feet tall has the strength to overpower me and you, and the reason they do not dare is that they fear ritual. Therefore, from the Son of Heaven on down, without ritual one cannot protect the altars of the state; a feudal lord without ritual cannot protect his state; a high official without ritual cannot protect his house; one above others without ritual cannot command those below; one below others without ritual cannot serve those above; brothers without ritual cannot live together; and a person without ritual had better die quickly. The Treatise on Punishments says: The Book of Documents says that Bo Yi handed down the rites, and the people were checked by punishments. This means that rites were established to stop punishments, just as an embankment guards against overflowing water. Now the embankments have crumbled, the rites are not established, capital punishments exceed the proper measure, ordinary punishments are easily incurred, hunger and cold strike together, and the desperate overflow all bounds; powerful men privately act as their sacks and shelters, and when the wicked find concealment they grow bold and spread more widely, which is why punishments multiply.]. Now the cases decided each year number in the tens of thousands, and lawbreaking grows ever more common; is the disaster only that of Cao and Wei? As for the opening particle "fu" [pronunciation note: the character "fu" is read "fu"]: you know that sealing Xuanfang brings blessings, but you do not know that sealing the source of disorder brings good order to the world. The Zhou state used this, so that punishments were set aside and unused, and the common people, like the four seasons each completing their order, left no one in the world forlorn. The Ode says: May you be at peace in long life, and be aided by abundant blessings. Is this blessing from Heaven small, then? If good faith and ritual and righteousness are treated as Xuanfang was, then once the work is established one can let one's robes hang down and do nothing, so what use are officials' mending and what need is there of sealing with laws and ordinances?

御史曰犀銚【音調】利鉏【音鋤】五穀之利而閒【音閒】草之害也明理正法奸邪之所惡【音汙】而良民之福也故曲木惡【音汙】直防奸邪惡【音汙】正法【諸御已曰土負水者平木負防者正韓非子曰法不阿貴防不撓曲法之所加智者弗能辭勇者非敢爭】是以聖人審於是非察於治亂故設明法陳嚴刑坊【古防字】非矯邪若檼【音隠】栝【音括】輔檠之正弧【音胡】刺【音郎逹反】也【檼揉曲者也栝正方者也輔檠輔正弓弩者也弧刺弓之不正者也荀子曰不得排檠則不能自正】故水者火之備法者止奸之禁也無法勢雖賢人不能以為治無甲兵雖孫吳不能以制敵【吳越春秋曰吳王登臺向南風而嘯有頃而嘆群臣莫有曉王意者子胥深知王之不定將欲伐楚乃薦孫子於王孫子者名武吳人也善為兵法闢隠深居世人莫知其能胥乃明知鑑辯知孫子可以折沖銷敵乃一旦與吳王論兵七薦孫子吳王曰子胥託言進士欲以自納而召孫子問以兵法每陳一篇王不知口之稱善傳曰吳起者衞人也好用兵聞魏文侯賢欲事之文侯問李克曰吳起何如人哉克曰起貪而好色然用兵司馬穰苴不能過也於是魏文侯以為將擊秦防五城】是以孔子倡以仁義而民從風【雜事篇曰孔子在州里篤行孝道居於闕黨闕黨之子弟畋漁分有親者得多孝以化之也是以七十二子自逺方至服從其徳魯有沈猶氏者旦飲羊飽之以欺市人公慎氏有妻而淫慎潰氏奢侈驕佚魯市之鬻牛馬者善豫賈孔子將為魯司宼沈猶氏不敢朝飲其羊公慎氏出其妻慎潰氏逾境而徙魯之鬻馬牛者不豫賈佈政以待之也既為司冦季孟墮郈費之城齊人歸所侵魯之地由積正之所致也故曰其身正不令而行】伯夷遁首陽而民不可化【伯夷傳曰武王已平殷亂天下宗周而伯夷恥之義不食周粟隠於首陽山采薇而食之遂餓而死】

The Imperial Secretary said: A sharp hoe and a keen spade [pronunciation note: the character "yao" is read "diao"; pronunciation note: the character "chu" is read "chu"] are a benefit to the five grains but a harm to weeds [pronunciation note: the character "xian" is read "xian"]; clarifying principle and rectifying law is what the wicked hate [pronunciation note: the character "wu" is read "wu"] but a blessing to good people. So crooked wood hates the straight marking-line [the original text has a different character here], and the wicked hate correct law [Zhu Yuji said: Earth that carries water becomes level, and wood that carries the marking-line becomes straight. Han Fei said: The law does not flatter the noble, and the plumb-line does not bend for the crooked. Where the law is applied, the wise cannot excuse themselves and the brave dare not contend.]. Therefore the sages examined right and wrong and observed order and disorder; they set up clear laws and displayed severe punishments, to guard against wrong and straighten the crooked, like the straightening tools for bending wood [pronunciation note: the characters "yin" and "gua" are read "yin" and "gua"], the bow-correcting frames, and the straightening of warped bows [pronunciation note: the character "hu" is read "hu"; the character "la" is read with the initial "lang" and final "da" fanqie] ["yin" is the tool for bending wood, "gua" is the tool for squaring, the "fuqing" is the tool for correcting bows and crossbows, and "hu-la" refers to a bow that is not straight. Xunzi said: Without a frame to straighten it, it cannot correct itself.]. Therefore water is the preparation against fire, and law is the prohibition that stops wickedness. Without the power of law, even a worthy man cannot bring about good government; without armor and weapons, even Sun Wu and Wu Qi could not subdue an enemy [The Annals of Wu and Yue says: The King of Wu climbed a terrace, faced the south wind and whistled, and after a while sighed, and none of his ministers understood the king's mind. Wu Zixu knew well that the king was not settled in mind and wished to attack Chu, so he recommended Master Sun to the king. Master Sun, named Wu, was a man of Wu, skilled in the art of war, who lived in deep seclusion, and no one knew his ability. Zixu, understanding and discerning, knew that Master Sun could repel and destroy enemies, so one day when he discussed military affairs with the King of Wu, he recommended Master Sun seven times. The King of Wu said: Zixu is using the recommendation of a worthy as a pretext to gain favor for himself. Yet he summoned Master Sun and asked about the art of war, and each time Sun presented a chapter, the king could not stop praising it. The tradition says: Wu Qi, a man of Wey, was fond of military affairs, and hearing that Marquis Wen of Wei was worthy, wished to serve him. Marquis Wen asked Li Ke: What kind of man is Wu Qi? Ke said: Qi is greedy and fond of women, but in the use of troops even Sima Rangju cannot surpass him. So Marquis Wen of Wei made him a general to attack Qin, and he took five cities.]. Thus Confucius led with benevolence and righteousness and the people followed like grass before the wind [The chapter Miscellaneous Matters says: Confucius practiced filial piety sincerely in his village and lived in Quedang; the young men of Quedang hunted and fished, and those with parents received a larger share, thus transforming them through filial piety. So the seventy-two disciples came from afar and submitted to his virtue. In Lu there was Shenyou Shi, who watered his sheep in the morning to make them heavier and cheat the market; Gongshen Shi had a wife who was licentious; Shenkui Shi was extravagant and arrogant; and in the Lu market those who sold oxen and horses were fond of fixing prices in advance. When Confucius was about to become Minister of Crime in Lu, Shenyou Shi no longer dared to water his sheep in the morning, Gongshen Shi divorced his wife, Shenkui Shi crossed the border and moved away, and the sellers of horses and oxen in Lu no longer fixed prices in advance; this was governing by setting an example and waiting for the results. After he became Minister of Crime, the Ji and Meng families tore down the walls of Hou and Fei, and the people of Qi returned the lands they had seized from Lu, all brought about by the accumulation of rectitude. Hence it is said: If one's own person is upright, people act without being ordered.]; but Bo Yi fled to Mount Shouyang and the people could not be transformed [The Biography of Bo Yi says: After King Wu had put down the disorder of Yin and the world honored Zhou as its master, Bo Yi was ashamed of it and, out of righteousness, refused to eat the grain of Zhou, hid on Mount Shouyang, and ate wild vetch, and finally starved to death.].

文學曰法能刑人而不能使人廉能殺人而不能使人仁【泰族訓曰易曰豐其屋蔀其家窺其戶閴其無人無人者非無眾庻也言無聖人以統理之也民無廉恥不可治也非修禮義亷恥不立民不知禮義法弗能正也非崇善廢醜而向禮義無法不可以為治也不知禮義不可以行法法能殺不孝者而不能使為孔曽之行法能刑竊盜者而不能使人為伯夷之亷孔子弟子七十養徒三千人皆入孝出悌言為文章行為儀表教人之所成也墨子服役者百八十人皆可使赴火蹈刃死不還踵化之所致也】所貴良醫者貴其審消息而退邪氣也非貴其下針【音針】石而鑚肌膚也所貴良吏者貴其絶惡於未萌使之不為非非貴其拘之囹【音零】圄【音語】而刑殺之也【泰族訓曰所以貴扁鵲者非貴其隨病而調藥貴其擪息脈血知病之所從生也所以貴聖人者非貴隨罪而鑑刑也貴其知亂之所由起也若不修其風俗而縱之淫闢乃隨之以刑防之以法雖殘賊天下弗能禁也】今之所謂良吏者文察則以禍其民強力則以厲其下不本法之所由生而専已之殘心文誅假法以陷不辜累無罪以子及父以弟及兄一人有罪州里驚駭十家奔亡若癰疽之相濘【音佞】色淫之相連一節動而百枝揺詩云舍彼有罪既伏其辜若此無罪淪胥以鋪痛傷無罪而累也非患銚【音調】耨之不利患其舍草而去苖也非患無凖平患其舍枉而防直也故親近為過不必誅是鉏【音鋤】不用也疏逺有功不必賞是苖不養也故世不患無法而患無必行之法也【韓非子曰明君之行賞也曖乎如時雨百姓利其澤其行罰也畏乎如雷霆神聖不能解也故明君無偷賞無赦罰賞偷則功臣墮其業赦罪則奸人易為非是故誠有功則雖疏賤必賞誠有過則雖近愛必誅疏賤必賞近愛必誅則疏賤者不怠而近愛者不驕也主術訓曰衡之於左右無私輕重故可以為平防之於內外無私曲直故可以為正人主之於用法無私愛憎故可以為命夫奸不能枉讒不能亂徳無所立怨無所藏是任術而釋人心也故為治者不與焉又曰法者天下之度量而人主之凖防也縣法者法不法也設賞者賞當賞也法定之後中程者賞缺防者誅尊貴者不輕其罰而卑賤者不重其刑犯法者雖賢必誅中度者雖不肖必無罪是故公道通而私道塞矣荀恱曰賞罰政之柄也明賞必罰審信慎令賞以勸善罰以懲惡人主不妄賞非徒愛其財也賞妄行則善不勸矣不妄罰非徒慎其刑也罰妄行則惡不懲矣賞不勸謂之止善罰不懲謂之縱惡在上者能不止下為善不縱下為惡則國治矣】

The Literati said: Law can punish people but cannot make them honest; it can kill people but cannot make them benevolent [The chapter Taizu Xun says: The Book of Changes says: He enlarges his house and screens his home; peeping at the door, it is silent, with no one there. 'No one' does not mean there are no people, but that there is no sage to govern them. Where people have no sense of integrity and shame they cannot be governed, and without cultivating ritual and righteousness integrity and shame cannot be established; where people do not know ritual and righteousness, law cannot set them right; without honoring good and discarding evil and turning toward ritual and righteousness, one cannot govern even with law. Without knowing ritual and righteousness, one cannot carry out law. Law can put to death the unfilial but cannot make them act like Confucius or Zengzi; law can punish thieves but cannot make people as honest as Bo Yi. Confucius had seventy disciples and nurtured three thousand followers, all of whom were filial at home and respectful to elders abroad, whose words made good writing and whose conduct set an example; this was achieved by teaching. Mozi had a hundred and eighty followers who could all be sent into fire and onto blades, dying without turning their heels; this was brought about by transformation through teaching.]. What is valued in a good physician is that he examines the ebb and flow and drives out the evil influence, not that he plunges needles [pronunciation note: the character "zhen" is read "zhen"] and stone probes into the skin; what is valued in a good official is that he cuts off evil before it sprouts and keeps people from doing wrong, not that he locks them up in prisons [pronunciation note: the characters "ling" and "yu" are read "ling" and "yu"] and puts them to death [The chapter Taizu Xun says: Bian Que is valued not because he adjusts the medicine according to each illness, but because he feels the breath and pulse and knows where illness arises; the sage is valued not because he applies punishments according to each crime, but because he knows how disorder arises. If one does not cultivate customs and lets people indulge in licentiousness, and then follows with punishments and guards with laws, then even if one ravages the world it cannot be stopped.]. The so-called good officials of today are those who, if they are literate and scrutinizing, bring disaster on their people, and if they are forceful, bully their subordinates; they do not trace the origin of law but give free rein to their own cruelty, using clever writing and false law to entrap the innocent and implicate the blameless, so that the son is implicated for the father and the younger brother for the elder, one person's guilt terrifies a whole district and ten households flee, like abscesses infecting each other [pronunciation note: the character "ning" is read "ning"] or like the contagion of sexual vice, so that one joint moves and a hundred branches shake. The Ode says: They let go those who are guilty, who have already paid for their crimes; but these innocent ones are dragged down in one chain. This laments that the innocent are implicated. The worry is not that the spade [pronunciation note: the character "yao" is read "diao"] and the hoe are not sharp, but that they spare the weeds and cut down the seedlings; the worry is not that there is no level, but that they leave the crooked and straighten the straight with the marking-line [the original text has a different character here]. So if those near and dear who commit faults are not necessarily punished, it is as if the hoe is not used; if those distant who have merit are not necessarily rewarded, it is as if the seedlings are not nourished. Therefore the world does not worry about lacking laws, but about lacking laws that are certain to be carried out [Han Fei said: When an enlightened ruler gives rewards, it is gentle like seasonable rain, and the people profit from its moisture; when he gives punishments, it is awesome like thunder, and not even a sage can undo it. Therefore the enlightened ruler has no rewards given carelessly and no punishments pardoned. If rewards are given carelessly, meritorious ministers neglect their work; if crimes are pardoned, wicked people find it easy to do wrong. Therefore, if one truly has merit, even the distant and lowly are certainly rewarded; if one truly has fault, even the close and beloved are certainly punished. When the distant and lowly are certainly rewarded and the close and beloved are certainly punished, the distant and lowly are not slack and the close and beloved are not arrogant. The chapter Zhushu Xun says: The balance, being without private weighting of left or right, can be used as a standard of level; the marking-line, being without private bias for inside or outside, can be used as a standard of straightness. The ruler in applying law has no private love or hatred, and so can issue commands. Wickedness cannot bend him, slander cannot confuse him, there is no place to establish favors and no place to hide resentment; this is relying on method and discarding the human heart. Therefore those who govern do not take part in such things. It also says: Law is the measure of the world and the standard of the ruler. One who sets the law makes it apply to the lawless, and one who sets rewards rewards those who deserve them. After the law is fixed, those who meet the standard are rewarded and those who fall short of the line are punished; the noble are not lightly punished and the lowly are not heavily punished; a lawbreaker, however worthy, is certainly punished, and one who meets the measure, however unworthy, is certainly free of guilt. Thus the public way is open and the private way is closed. Xun Yue said: Rewards and punishments are the handles of government. Make rewards clear and punishments certain, examine good faith and be careful with orders; use rewards to encourage good and punishments to deter evil. The ruler does not give rewards recklessly, not merely because he is stingy with his wealth, but because if rewards are applied recklessly, good is not encouraged; he does not punish recklessly, not merely because he is careful about punishments, but because if punishments are applied recklessly, evil is not deterred. Rewards that do not encourage are called stopping good; punishments that do not deter are called indulging evil. If those above can avoid stopping their subordinates from doing good and avoid indulging them in doing evil, the state will be well governed.].

御史曰春秋罪人無名號謂之雲盜所以賤刑人而絶之人倫也故君不臣士不友于閭里無所容故民始犯之命不軌之民犯公法以相寵【古本作籠籠包舉也】舉棄其親不能伏節死理遁逃相連自防於罪其被刑戮不亦宜乎一室之中父兄之際若身體相屬一節動而知於心故今自關內侯以下比地於伍居家相察出入相司父不教子兄不正弟舍是誰責乎

The Imperial Secretary said: The Spring and Autumn Annals, when it condemns a person, gives no name or title and calls him a mere "bandit", in order to debase the punished and cut him off from human relations. Thus the ruler does not treat him as a minister, gentlemen do not befriend him, and he finds no place in the village. That is why people begin to be wary of crime. But those lawless people who break public law and take pride in one another [the old text has a different character for "pride", meaning to gather everything together], all abandon their parents and cannot keep their integrity and die for principle; they flee and implicate one another, plunging themselves into crime, so is it not fitting that they receive punishment and execution? Within one household, between father and brothers, they are connected like the parts of a body, and when one joint moves the heart knows it. Therefore now, from the Marquis within the Passes downward, neighbors are grouped in fives, observing each other at home and checking each other's comings and goings. If a father does not teach his son and an elder brother does not correct his younger brother, then apart from them who is to be held responsible?

文學曰古者周其禮而明其教禮周教明不從者然後等之以刑刑罰中【去聲】民不怨故舜施四罪而天下鹹服誅不仁也【萬章曰舜流共工於幽州放驩兠於崇山殺三苖於三危殛鯀於羽山四罪而天下鹹服誅不仁也】輕重各服其誅刑必加而無赦赦惟疑者若此則世安得不軌之人而罪之今殺人者生剽【音漂】攻竊盜者富故良民內解【音懈】怠輟耕而隕【音允】心古者君子不近刑人刑人非人也身放殛【音亟】而辱後世故無賢不肖莫不恥也【曲禮曰刑不上大夫刑人不在君側王制曰公家不畜刑人大夫弗養士遇之塗弗與言也屏之四方唯其所之不及以政示弗故生也春秋曰閽弒吳子餘祭公羊傳曰閽者何門人也刑人也刑人則曷為謂之閽刑人非其人也君子不近刑人近刑人則輕死之道也穀梁傳曰閽門者也寺人也不稱名姓閽不得齊於人不稱其君閽不得君其君也禮君不使無恥不近刑人不狎敵不邇怨賤人非所貴也貴人非所刑也刑人非所近也舉至賤而加之吳子吳子近刑人也閽弒吳子餘祭仇之也司馬遷曰禍莫憯於欲利悲莫痛於傷心行莫醜於辱先詬莫大於宮刑刑餘之人無所比數非一世也所從來逺矣昔衞靈公與雍渠同載孔子適陳商鞅因景監見趙良寒心同子參乗袁絲變色自古而恥之夫以中才之人事有闗於宦豎莫不傷氣而況於慷慨之士乎】今無行【去聲】之人貪利以防其身防戮辱而捐【音娟】禮義恆於苟生何者一日下蠶室【三輔黃圖雲蠶室行腐刑之所也】創【音瘡】未瘳【音抽】宿衞人主出入宮殿得由受奉【音俸】祿食大官享賜身以尊榮妻子獲其饒故或載卿相【去聲】之列就刀鋸而不見閔況眾庶乎夫【音扶】何恥之有廢其徳教而責之以禮義是虐民也春秋曰子有罪執其父臣有罪執其君聽失之大者也【春秋曰晉人執季孫行父舍之於苕丘公羊傳曰執未有言舍之者此其言舍之何仁之也曰在招丘悕矣執未有言仁之者此其言仁之何代公執也其代公執奈何前此者晉人來乞師而不與公會晉侯將執公季孫行父曰此臣之罪也於是執季孫行父成公將會厲公會不當期將執公季孫行父曰臣有罪執其君子有罪執其父此聽失之大者也今此臣之罪也舍臣之身而執臣之君臣恐聽失之為宗廟羞也於是執季孫行父】今以子誅父以弟誅兄親戚小坐什伍相連若引根本之及華葉傷小指之累四體也如此則以有罪誅及無罪無罪者寡矣【泰族訓曰使民居處相司有罪相覺於以舉姦非不掇也然而傷和睦之心而搆仇讐之怨故事有鑿一孔而生百隟樹一物而生萬葉者所鑿不足以為便而所開足以為敗所樹不足以為利而所生足以為害說山訓曰楚王亡其援而林木為之殘宋君亡其珠而池魚為之殫許慎曰言禍相及也】臧文仲治魯勝其盜而自矜子貢曰民將欺而況民盜乎故吏不以多斷為良毉【音衣】不以多刺為工子產刑二人殺一人道不拾遺而民無誣心【禮書曰古者帝堯之治天下也葢殺一人刑二人而天下治傳曰威厲而不試刑措而不用】故為民父母以養疾子長【音掌】恩厚而已自首匿相坐之法立骨肉之恩廢而刑罪多【衞鞅傳曰孝公既用衞鞅以衞鞅為左庶長卒定變法之令令民為什伍而相收司連坐不告奸者腰斬告奸者與斬敵首同賞匿奸者與降敵同罰民有二男以上不分異者倍其賦】聞父母之於子雖有罪猶匿之豈不欲服罪爾子為父隱父為子隱未聞父子之相坐也聞兄弟緩追以免賊未聞兄弟之相坐也聞惡【音汙】惡止其人疾始而誅首惡未聞什伍之相坐【葉公語孔子曰吾黨有直躬者其父攘羊而子證之孔子曰吾黨之直者異於是父為子隠子為父隠直在其中矣春秋曰閔公二年秋八月辛丑公薨公羊傳曰公薨何以不地隱之也何隱爾弒也孰弒之慶父也殺公子牙今將爾季子不免慶父弒二君何以不誅將而不免遏惡也既而不可及緩追逸賊親親之道也春秋曰曺公孫會自鄸出奔宋公羊傳曰奔未有言自者此其自何畔也畔則曷為不言其畔為公子喜時之後諱也春秋為賢者諱何賢乎公子喜時讓國也其讓國奈何曺伯廬卒於師則未知公子喜時從與公子負芻從與或為主於國或為主於師公子喜時見公子負芻之當主也逡廵而退賢公子喜時則曷為為會諱君子之善善也長惡惡也短惡惡止其身善善及子孫賢者子孫故君子為之諱也春秋曰僖公十有七年夏滅項公羊傳曰孰滅之齊滅之曷為不言齊滅之為桓公諱也春秋為賢者諱此滅人之國何賢爾君子之惡惡也疾始善善也樂終桓公嘗有繼絶存亡之功故君子為之諱也春秋曰晉趙盾弒其君夷臯穀梁傳曰穿弒也盾不弒而曰盾弒何也以罪盾也其以罪盾何也曰靈公朝諸大夫而暴彈之觀其闢丸也趙盾入諫不聽出亡至於郊趙穿弒公而後反趙盾史狐書賊曰趙盾弒公盾曰天乎天乎予無罪孰為盾而忍弒其君者乎史狐曰子為正卿入諫不聽出亡不逺君弒反不討賊則志同志同則書重非子而誰故書之曰晉趙盾弒其君夷臯者過在下也書云父不慈子不祗兄不友弟不恭不相及也孟子曰昔者文王之治岐也罪人不孥】老子曰上無慾而民樸上無事而民自富君君臣臣父父子子比地何伍而執政何責也御史曰夫【音扶】負千鈞之重以登無極之髙垂峻崖【音涯】之峭【音俏】谷下臨不測之淵雖有慶忌之健賁育之勇莫不震慴【音疉】悚慄者知墜【音遂】則身首肝腦塗山石也故未嘗灼【音勺】而不敢握火者見其有灼也未嘗傷而不敢握刃者見其有傷也【慶忌吳王僚之子也足躡麋鹿手搏兕虎孟賁衞之勇士水行不避蛟龍陸行不避狼虎夏育衞人力舉千鈞呂氏春秋曰孟賁過於河先其五船人怒而以楫虓其頭顧不知其孟賁也中河孟賁瞠目而視船人發植目裂鬂指舟中之人盡揚播入於河使船人知其孟賁弗敢直視渉無先者子產曰夫火形嚴故人鮮灼水形懦故人多溺汜論訓曰未嘗灼而不敢握火者見其有所燒也未嘗傷而不敢握刃者見其有所害也由此觀之見者可以論未發也而觀小節足以知本體矣】彼以知為非罪之必加而戮及父兄必懼而為善故立法制闢若臨百仞之壑握火陷刃則民畏忌而無敢犯禁矣慈母有敗子小不忍也嚴家無悍【音旱】虜篤【秦紀作督】責急也【韓非子曰夫嚴家無悍虜而慈母有敗子吾是以知威勢之可以禁暴而徳厚之不足以止亂也夫聖人之治國不恃人之為吾善也而用其不得為非也故不務徳而務法又曰慈母之於弱子也愛不可為前然而弱子有僻行使之隨師有惡病使之事醫不隨師則陷於刑不事醫則疑於死慈母雖愛無益於振刑救死則存子者非愛也子母之性愛也臣主之權防也母不能以愛存家君安能以愛存國】今不立嚴家之所以制下而修慈母之所以敗子則惑矣【李斯曰明主聖王之所以能久處尊位長執重勢而獨擅天下之利者非有異道也能獨斷而審督責必深罰故天下不敢犯也今不務所以不犯而事慈母之所以敗子也則亦不察於聖人之論矣】

The Literati said: In ancient times the Zhou perfected its rites and made its teaching clear; only when the rites were complete and the teaching clear were those who still did not comply ranked and punished, and punishments were fair (the character zhong is read in the falling tone), so the people did not resent them. Thus Shun imposed punishment on four wrongdoers and the whole world submitted, because he executed the unbenevolent [The chapter Wan Zhang says: Shun banished Gong Gong to Youzhou, exiled Huan Dou to Mount Chong, killed the Three Miao at Sanwei, and imprisoned Gun on Mount Yu; with these four punished, the whole world submitted, because he executed the unbenevolent]. Heavy and light punishments each matched the offense, punishment was certainly applied and there was no pardon, except for cases of doubt. If it is so, how could the age find lawless people and punish them? Now those who kill live, and those who plunder (the character piao is read piao) and steal grow rich, so good people slacken (the character jie is read xie) in their hearts, stop plowing, and lose heart (the character yun is read yun). In ancient times the gentleman did not go near a mutilated man; a mutilated person is not a proper person, his body is exiled and his disgrace lasts for generations, so whether worthy or unworthy, none fail to feel shame [The Record of Rites, Quli, says: Punishments do not reach the grandee, and a mutilated man is not kept at the ruler's side. The Royal Regulations say: The ducal house does not keep mutilated men, a grandee does not support them, and an officer who meets one on the road does not speak to him; they are driven to the four quarters, to go wherever they please, and are not engaged in government, to show that they are not allowed to live as before. The Spring and Autumn Annals says: The gatekeeper killed the Lord of Wu, Yuji. The Gongyang Commentary says: Who was the gatekeeper? A doorman. A mutilated man. Why is a mutilated man called a gatekeeper? A mutilated man is not a proper man. A gentleman does not go near mutilated men; to go near mutilated men is the way to a light death. The Guliang Commentary says: The gatekeeper was a door guard, a eunuch. His name and surname are not given because a gatekeeper cannot be put on the same level as other men; the ruler is not called his ruler because a gatekeeper cannot have a ruler of his own. The Rites say: A ruler does not employ the shameless, does not go near the mutilated, is not familiar with enemies, and does not draw close to those with grudges. A lowly man is not one to be honored, an honorable man is not one to be mutilated, and a mutilated man is not one to be kept close. By raising the very lowest and setting him against the Lord of Wu, it shows that the Lord of Wu kept a mutilated man near him. The gatekeeper killed the Lord of Wu, Yuji; the text treats him as an enemy. Sima Qian said: No calamity is more bitter than the desire for gain, no sorrow more painful than wounding the heart, no conduct more ugly than disgracing one's ancestors, and no disgrace greater than castration. A man left over from punishment has no one to rank with, and this has been so not for one age only; its origins are distant. In former times Duke Ling of Wei rode in the same carriage as Yongqu, and Confucius left for Chen; Shang Yang was presented by Jing Jian, and Zhao Liang's heart ran cold; when Tongzi rode in the same carriage as Yuan Si, Yuan Si changed color; since antiquity this has been a source of shame. Even for an ordinary man, to have dealings with a palace eunuch hurts the spirit, how much more for an upright man of high spirit?]. Now people without conduct (the character xing is read in the falling tone), greedy for gain, endanger their own bodies (the base text has a missing character here), and when subjected to execution and disgrace they cast aside ritual and righteousness (the character juan is read juan) and hold on only to a bare living. Why? Because once someone enters the silkworm chamber [The Description of the Three Capitals says: The silkworm chamber is the place where castration is performed], and his wound (the character chuang is read chuang) has not yet healed (the character chou is read chou), he may stand guard over the ruler, go in and out of the palace, receive stipend (the character feng is read feng), eat the imperial food and enjoy gifts, with himself honored and glorious and his wife and children enriched. So some of them rank among the ministers (the character xiang is read in the falling tone); having gone to the knife and saw and found no pity, how much less would the common people? What shame is there in it? To abandon virtue and instruction and yet demand ritual and righteousness of them is to oppress the people. The Spring and Autumn Annals says: If a son has a crime, seizing his father, or a minister has a crime, seizing his ruler, is the greatest fault of judgment [The Spring and Autumn Annals says: The men of Jin seized Jisun Xingfu and released him at Shaoqiu. The Gongyang Commentary says: When seizing is spoken of, release is never mentioned; why does it say released here? To show benevolence. It says at Zhaoqiu, a pitiful place. When seizing is spoken of, benevolence is never mentioned; why does it say benevolence here? Because he was seized in place of the duke. How was he seized in place of the duke? Previously the men of Jin had come to ask for troops and had not been given any; the duke met the Marquis of Jin, who was about to seize the duke, and Jisun Xingfu said: This is the fault of your minister. So Jisun Xingfu was seized. When Duke Cheng was about to meet Duke Li, the meeting was not at the appointed time and Duke Li was going to seize the duke; Jisun Xingfu said: When a minister has a crime, seizing his ruler, or a son has a crime, seizing his father, is the greatest fault of judgment. This is the fault of your minister. Release your minister's body and yet seize his ruler, and I fear that the fault of judgment will become a disgrace to the ancestral temple. So Jisun Xingfu was seized]. Now sons are executed for their fathers and younger brothers for their elder brothers, relatives are punished with small crimes and neighbors in groups of five and ten are tied together, like pulling the root and having the flowers and leaves follow, or wounding the little finger and burdening all four limbs. Thus those with crimes cause the execution of those without, and the innocent become few [The chapter Great Clan says: To make the people watch each other in their dwellings and report crimes to each other may succeed in bringing up wrongdoers without leaving any out, but it wounds the heart of harmony and builds the resentment of enemies. Thus there are matters in which cutting one hole produces a hundred cracks, and planting one thing produces ten thousand leaves: what is cut is not enough to bring convenience, but what is opened is enough to bring ruin; what is planted is not enough to bring profit, but what grows is enough to bring harm. The chapter on Mountains says: The King of Chu lost his ape and the trees of the forest were ruined for it; the Lord of Song lost his pearl and the fish in the pond were exhausted for it. Xu Shen said: This is to say that calamity reaches others]. Zang Wenzhong governed Lu and boasted of having overcome the thieves; Zigong said: The people will deceive him, and how much more the thieving people? Therefore an official is not good because he decides many cases, and a physician (the character yi is read yi) is not skilled because he lances many times. Zichan punished two men and killed one, and nobody picked up what was dropped on the road and the people had no thoughts of deceit [The Treatise on Rites says: In ancient times Emperor Yao ruled the world by killing one man and punishing two, and the world was in order. The tradition says: Awe-inspiring but not used, punishment set aside and not applied]. Thus to be a father and mother to the people is to nurse a sick child, simply raising (the character zhang is read zhang) kindness and generosity. Since the law of reporting and concealment with mutual liability was set up, the kindness between kin was abandoned and crimes and punishments multiplied [The Biography of Wei Yang says: After Duke Xiao had taken Wei Yang into service, he made Wei Yang Left Shuzhang, and he finally fixed the law of reforms. He ordered the people to form groups of five and ten that supervised and were jointly liable for each other; one who did not report a wrongdoer was cut in half at the waist, one who reported a wrongdoer was rewarded like one who beheaded an enemy, and one who hid a wrongdoer was punished like one who surrendered to the enemy. A household with two or more adult sons that did not divide its household had its taxes doubled]. I have heard that parents, even when their son has a crime, will still hide him; do they not also want him to answer for it? A son conceals for his father and a father conceals for his son; I have not heard of father and son being held liable together. I have heard that brothers pursued a criminal leisurely so as to let him escape; I have not heard of brothers being held liable together. I have heard that hatred of the hateful stops with that person (the character wu is read wu), that one hates the beginning and executes the chief offender; I have not heard of groups of five and ten being held liable together [The Duke of She said to Confucius: In our village there is an upright man; when his father stole a sheep, the son bore witness against him. Confucius said: The upright in our village are different; a father conceals for his son, and a son conceals for his father, and uprightness lies in that. The Spring and Autumn Annals says: In the second year of Duke Min, in autumn, eighth month, on xinchou, the duke died. The Gongyang Commentary says: Why is the place of the duke's death not stated? To conceal it. What was concealed? He was murdered. Who murdered him? Qingfu. Jizi did not escape when he killed Prince Ya as he was about to do so; why was Qingfu, who murdered two rulers, not executed? Because the one who was about to commit the crime was not excused, as a way to check evil. Later he could not be caught up with, and to pursue a fugitive criminal slowly is the way of showing affection to kin. The Spring and Autumn Annals says: Gongsun Hui of Cao fled from Zheng to Song. The Gongyang Commentary says: When flight is spoken of, from is never used; why does it say from here? It was rebellion. If it was rebellion, why does it not say rebellion? To conceal for the descendants of Prince Xishi. The Spring and Autumn Annals conceals for worthy men. How was Prince Xishi worthy? He yielded the state. How did he yield the state? When the Marquis of Cao, Lu, died with the army, it was not known whether Prince Xishi followed or Prince Fuchu followed, or whether one acted as head in the state and the other as head in the army. Prince Xishi saw that Prince Fuchu ought to be the ruler, hesitated and withdrew. Having called Prince Xishi worthy, why conceal for Hui? The gentleman is long in praising what is good and short in condemning what is evil; condemnation of evil stops with the person, and praise of good extends to descendants. They are the descendants of a worthy man, so the gentleman conceals for them. The Spring and Autumn Annals says: In summer of the seventeenth year of Duke Xi, Xiang was destroyed. The Gongyang Commentary says: Who destroyed it? Qi destroyed it. Why does it not say Qi destroyed it? To conceal for Duke Huan. The Spring and Autumn Annals conceals for worthy men. What worthy man was he in destroying another's state? The gentleman hates evil and is swift in its beginning, and delights in good and rejoices in its end. Duke Huan had once had the merit of continuing lines that were cut off and preserving states that were lost, so the gentleman conceals for him. The Spring and Autumn Annals says: Zhao Dun of Jin murdered his ruler Yi Gao. The Guliang Commentary says: Chuan murdered him. Dun did not murder him, yet it says Dun murdered him; why? To blame Dun. Why blame Dun? It says: Duke Ling held court with the grandees and fired pellets at them from a platform to watch them dodge. Zhao Dun entered to remonstrate and was not heeded, and as he fled and reached the suburbs, Zhao Chuan murdered the duke, after which Dun returned. The historian Hu wrote that the traitor was Zhao Dun, saying: Zhao Dun murdered the duke. Dun said: Heaven, Heaven, I am innocent; who would be Dun and bear to murder his ruler? Shi Hu said: You are the chief minister; you entered to remonstrate and were not heeded; you fled but not far; when the ruler was murdered, you returned and did not punish the traitor, so your intention was the same, and where the intention is the same the record is heavy; if not you, then who? Therefore it was recorded that Zhao Dun of Jin murdered his ruler Yi Gao, the fault lying with the subordinate. The Book of Documents says: When a father is unloving, a son disrespectful, an elder brother unfriendly, or a younger brother not deferential, it does not extend to others. Mencius said: In former times when King Wen governed Qi, the criminal's wife and children were not punished]. Laozi said: When those above have no desires, the people become simple; when those above have no affairs, the people grow rich by themselves. When rulers are rulers, ministers ministers, fathers fathers, and sons sons, what use are neighbors in groups of five or ten, and what is there to demand of those who govern? The Imperial Counselor said: Suppose a man carries a weight of a thousand jun to climb to a limitless height, hanging over a steep cliff (the character ya is read ya) and a precipitous (the character qiao is read qiao) valley, looking down on an unfathomable abyss; even with the strength of Qingji and the courage of Ben and Yu, he would tremble and quake with fear (the character she is read die), knowing that if he fell (the character zhui is read sui), his head and brains would smear the rocks of the mountain. That is why one who has never been burned (the character zhuo is read shao) still does not dare to grasp fire, because he sees that fire burns; and one who has never been wounded does not dare to grasp a blade, because he sees that it wounds [Qingji was a son of King Liao of Wu, whose feet could overtake a deer and whose hands could seize rhinoceroses and tigers. Meng Ben was a brave man of Wei who, traveling on water, did not avoid water dragons and, traveling on land, did not avoid wolves and tigers. Xia Yu was a man of Wei whose strength could lift a thousand jun. The Annals of Lü Buwei says: Meng Ben crossed the Yellow River and went ahead of five others, and the boatman, angered, struck his head with an oar. He looked back and did not know it was Meng Ben. In midstream Meng Ben glared at the boatman, his hair stood on end, his eyes split, and his temples bristled, and the people in the boat were all tossed into the river. If the boatman had known he was Meng Ben, he would not have dared to look straight at him, and no one would have gone ahead of him in crossing. Zichan said: Fire has a stern appearance, so few people are burned; water has a soft appearance, so many people drown. The chapter on Broad Discussions says: One who has never been burned and yet does not dare to grasp fire sees what fire burns; one who has never been wounded and yet does not dare to grasp a blade sees what harm it does. From this we see that what is visible can be used to judge what has not yet happened, and observing small matters is enough to know the whole]. If people know that something is wrong, that the punishment will surely fall and that execution will reach their fathers and brothers, they will surely be afraid and do good. Therefore to establish laws and set up punishments is like standing over a cliff of a hundred ren, grasping fire or stepping on a blade, and the people fear and avoid and none dare break the prohibitions. A loving mother may have a ruined son because she cannot bear to be strict; a strict household has no fierce slaves because of earnest and urgent reproof (the Annals of Qin writes this as supervise) [Han Feizi says: A strict household has no fierce slaves, but a loving mother has a ruined son; from this I know that authority can stop violence, while thick virtue is not enough to stop disorder. The sage governing a state does not rely on people doing good for him, but uses the fact that they cannot do wrong; therefore he does not work on virtue but works on law. He also said: A loving mother toward a weak child has a love that cannot be surpassed, yet if the weak child has wayward conduct she makes him follow a teacher, and if he has a bad illness she has him treated by a physician: if he did not follow a teacher he would fall into punishment, and if he did not go to a physician he might die. Though the loving mother loves him, it is no help in rescuing him from punishment or saving him from death, so what keeps the child alive is not love. The nature of mother and child is love, but the power of minister and ruler is policy (the base text has a missing character here). If a mother cannot keep a household together by love, how can a ruler keep a state together by love?]. Now to fail to set up what a strict household uses to restrain those below, and instead cultivate what a loving mother uses to ruin her son, is a delusion [Li Si said: The reason a bright ruler and sage king can long remain in an honored position, hold weighty power for long, and alone monopolize the profit of the world is not that he has a different way, but that he can decide alone and examine and supervise rigorously, punishing deeply, so that the world dares not offend. Now if one does not work at the means to prevent offenses and instead pursues what the loving mother uses to ruin her son, then one has failed to examine the discourse of the sages].

文學曰紂為炮【音庖】烙【音洛】之刑而秦有收孥【音奴】之法【六韜曰紂患刑輕乃更為銅柱以膏塗之加於然炭之上使有罪者縁焉滑跌墮火中紂與妲已笑以為樂名曰炮烙之刑應劭曰孥子也秦法一人有罪並其室家司馬貞曰收録其妻子沒入為官奴婢也】趙髙以峻文決罪於內百官以峭【音俏】法斷割於外死者相枕蓆刑者相望百姓側目重足不寒而慄【顔師古曰側目言深憚之也重累也言其極恐懼不敢自寛縱也栗竦縮也】詩云謂天蓋髙不敢不局謂地蓋厚不敢不蹐哀今之人胡為虺蜥方此之時豈特冒火蹈刃哉然父子相背兄弟相慢至於骨肉相殘上下相殺非刑輕而罰不必令太嚴而仁恩不施故政寛則下親上政嚴則民謀主【孔子曰政寛則民慢慢則糾之以猛猛則民殘殘則施之以寛寛以濟猛猛以濟寛政是以和】晉厲以幽【人間訓曰昔晉厲公南伐楚東伐齊西伐秦北伐燕兵橫行天下而無所綣威服四方而無所詘遂合諸侯於嘉陵氣充志驕淫侈無度暴虐萬民內無輔拂之臣外無諸侯之助戮殺大臣親近導防明年出逰匠驪氏欒書中行偃刼而幽之諸侯莫之救百姓莫之哀三月而死】二世見殺【雜事篇曰秦二世胡亥之為公子也昆弟數人詔置酒饗群臣召諸子諸子賜食先罷胡亥下堦視群臣陳履狀善者因行踐敗而去諸子聞見之者莫不太息及二世即位皆知天下必棄之也故二世惑於趙髙輕大臣不顧下民是以陳勝奮臂於關東閻樂作亂於望夷閻樂趙髙之壻也為咸陽令詐為逐賊將吏卒入望夷宮攻射二世就數二世欲加刃二世懼入將自殺有一宦者從之二世謂曰何為至於此也宦者曰知此久矣二世曰子何不早言對曰臣以不言故得至於此使臣言死久矣然後二世喟然悔之遂自殺】惡【音烏】在峻法之不犯嚴家之無悍【音旱】虜也聖人知之是以務恩而不務威故髙皇帝約秦苛法慰怨毒之民而長【音掌】和睦之心唯恐刑之重而徳之薄也是以施恩無窮澤流後世【左雄曰六國並秦坑儒泯典剗革五等更立郡縣縣設令長郡置守尉什伍相司封豕其民大漢受命雖未復古然克慎庶民蠲苛救敝悅以濟難撫而循之至於文景天下康乂張敞曰武王入殷先去炮烙之刑高祖鑑秦唯定三章之法皆疾惡嚴刻務崇溫厚仁賢之政流聞後世夫明哲之君網漏吞舟之魚然後三光明於上人物悅於下言之若迂其效甚近】商鞅吳起以秦楚之法為輕而累之上危其主下沒其身或非特慈母乎

The Literati said: Zhou used the punishment of roasting (the character pao is read pao) and branding (the character luo is read luo), and Qin had the law of confiscating wives and children (the character nu is read nu) [The Six Secret Teachings says: Zhou was troubled that punishments were light, so he made a bronze pillar, coated it with grease, and laid it over burning charcoal, and made those who had committed crimes walk on it; when they slipped and fell into the fire, Zhou and Daji laughed and found amusement in it, and named it the punishment of roasting and branding. Ying Shao said: nu means children. By the law of Qin, when one person had a crime, his whole household was included. Sima Zhen said: His wife and children were registered and confiscated as official slaves]. Zhao Gao decided cases with severe texts within the palace, and the officials cut and sliced with stern laws outside, so that the dead lay pillowed on each other and the punished could see each other, the common people looked sideways and walked with feet together, and shivered though not cold [Yan Shigu said: To look sideways means to fear him deeply. To walk with feet together is to pile up, meaning they were so frightened that they dared not relax. To shiver is to shrink back]. The Odes say: They say Heaven is high, yet I dare not but stoop; they say the earth is thick, yet I dare not but tread lightly. Alas for the men of today; why are they like vipers and lizards? At that time, was it only a matter of braving fire and treading on blades? Yet father and son turned against each other, brothers were contemptuous of each other, and it came to flesh and blood killing each other and superior and inferior killing each other; this was not because punishments were light and penalties not certain, but because the laws were too severe and benevolence and kindness were not applied. Therefore when government is lenient the people below are close to those above, and when government is strict the people plot against the ruler [Confucius said: When government is lenient the people become careless, and when they are careless one corrects them with severity; when severity is used the people are injured, and one then applies leniency. Leniency tempers severity and severity tempers leniency, and so government is harmonious]. Duke Li of Jin was confined [The chapter on Human Affairs says: In former times Duke Li of Jin attacked Chu in the south, Qi in the east, Qin in the west, and Yan in the north, and his troops swept the world without being stopped, and his might subdued the four quarters without being bent; then he assembled the lords at Jialing, his spirit was full and his will arrogant, he was dissolute and without measure, and he was cruel to the myriad people. Within he had no ministers to correct him, and without no lords to aid him; he killed great ministers and was close to flatterers (the base text has a missing character here). The following year he went out to Jiangli's house, where Luan Shu and Zhonghang Yan seized and confined him, and no lord rescued him and no common person grieved for him, and he died in three months], and the Second Emperor was killed [The chapter Miscellaneous Matters says: When Hu Hai, the Second Emperor of Qin, was a prince, he had several brothers. An edict set out a feast for the officials, and the princes were summoned. The princes were given food and finished first; Hu Hai went down the steps and looked at the shoes the officials had set out, and when he saw good ones he trampled them as he went on and then left. Those among the princes who heard and saw this all sighed. When the Second Emperor took the throne, all knew that the world would surely abandon him. Thus the Second Emperor was deluded by Zhao Gao, thought little of the great ministers, and cared nothing for the people below, and so Chen Sheng raised his arm east of the pass and Yan Le made disorder at Wangyi. Yan Le was Zhao Gao's son-in-law and the magistrate of Xianyang; he feigned pursuit of a bandit, led officers and soldiers into the Wangyi Palace, and shot at the Second Emperor, and then counted off the Second Emperor's offenses, wishing to use the blade. The Second Emperor was afraid, went in, and was about to kill himself. A eunuch followed him. The Second Emperor said: Why has it come to this? The eunuch said: I have known of this for a long time. The Second Emperor said: Why did you not say so earlier? He replied: It was because I did not speak that I have survived to this point; had I spoken, I would have been dead long ago. Then the Second Emperor sighed in regret and killed himself]. Where is the fault, in laws being too severe to be broken and strict households having no fierce slaves (the character e is read wu; the character han is read han)? The sages knew this and therefore worked at kindness and did not work at awe. Thus Emperor Gao abridged the harsh laws of Qin, comforted the people embittered by them, and fostered a heart of harmony, fearing only that punishments might be heavy and virtue thin. Therefore the kindness he showed was without end and his favor flowed down to later ages [Zuo Xiong said: When the Six States were merged into Qin, it buried the Confucians alive and wiped out the canon, abolished the five ranks of nobility and set up commanderies and counties in their place; at each county it set up a magistrate and at each commandery a governor and commandant, with groups of five and ten watching each other, and treated its people like boars. When the great Han received the Mandate, although it did not restore the ancient order, it was careful of the people, removed harshness and rescued them from ruin, and delighted them in order to help them through their troubles, soothing and guiding them. Down to Emperors Wen and Jing the world was at peace. Zhang Chang said: When King Wu entered Yin he first abolished the punishment of roasting and branding; when Emperor Gaozu took Qin as a warning he fixed only a law of three articles. All hated harshness and cruelty and strove to honor warmth and generosity. The government of the benevolent and worthy was heard of in later ages. A wise ruler lets the net be loose enough for a fish that could swallow a boat to pass, and only then do the three luminaries shine bright above and men and things rejoice below. It sounds impractical, but its effect is very near]. Shang Yang and Wu Qi considered the laws of Qin and Chu too light and added to their burden, so that above they endangered their rulers and below they destroyed themselves. Could it be that only the loving mother was at fault?