| | 來民: |
今王發明惠，諸侯之士來歸義者，今使復之三世，無知軍事。秦四境之內，陵阪丘隰不起十年征，著於律也，足以食作夫百萬。曩者臣言曰：「意民之情，其所欲者，田宅也；晉之無有也信，秦之有餘也必，若此而民不西者，秦士戚而民苦也。」今利其田宅，復之三世。此必與其所欲，而不使行其所惡也。然則山東之民無不西者矣。且直言之謂也；不然，夫實曠虛，出天寶，而百萬事本，其所益多也，豈徒不失其所以攻乎？ |
| Encouragement of Immigration:...: |
Now, if Your Majesty will issue a favourable proclamation to the effect that those soldiers of the various feudal lords who will come and submit, will be granted exemption for three generations, without hearing anything of military affairs, and that those who live within the four boundaries of Qin, in the mountains and on the slopes, on hills and in marshes, will not be called upon for ten years for military service, and if this is made clear in the law, it will be possible to create a million workers. I have said before: 'In reflecting upon the nature of the people, what they desire are fields and houses. Now, whereas it is probable that Jin does not have these, it is certain that Qin has them in surplus. If in spite of this the people do not migrate westward, it is because the soldiers of Qin are in sore plight, and the people suffer hardships.' Now, if they are benefited with land and houses, and exemption from taxes for three generations is granted them, that is, if a point is made of giving them what they desire and of not causing them to perform what they dislike, then all the people from east of the mountains will migrate westward. Moreover, to state the case frankly: if You do not act thus, You may fill the empty and waste lands and produce natural wealth, so that a million people are engaged in the fundamental occupation, and the benefits will be manifold, but how will You prevent the soldiers from failing in their attacks? |
| | 來民: |
臣之所謂兵者，非謂悉興盡起也；論境內所能給軍卒車騎，令故秦兵，新民給芻食。天下有不服之國，則王以此春違其農，夏食其食，秋取其刈，冬凍其葆。以大武搖其本，以廣文安其嗣。王行此十年之內，諸侯將無異民，而王何為愛爵而重復乎！周軍之勝，華軍之勝，秦斬首而東之。東之，無益亦明矣；而吏猶以為大功，為其損敵也。今以草茅之地，徠三晉之民，而使之事本。此其損敵也，與戰勝同實，而秦得之以為粟，此反行兩登之計也。 |
| Encouragement of Immigration:...: |
When I speak of soldiers, I do not mean that all should be raised and mobilized to the last man, but according to the number of armies, soldiers, chariots and cavalry that can be furnished within the territory, cause the old population of Qin to serve as soldiers and the new people to provide fodder and food. Should there be a state in the empire that does not submit, then Your Majesty should, herewith, in spring prevent their farming, in summer live on their produce, in autumn lay hold of their harvest, and in winter pickle their vegetables: by the methods of the "Great Warfare" shake their fundamental means of existence, and by those of the "Extensive Culture" pacify their descendants. If Your Majesty follows this policy, then within ten years the various feudal lords will have no people from other countries and wherefore, then, should Your Majesty be sparing in the conferment of titles or regard exemption from taxes as a serious matter? At the victories in the Zhou and in the Hua battles, Qin extended its territory eastwards by cutting off heads, but it is clear that there was no advantage in this eastward extension; and yet officials regard these events as great accomplishments, because loss was inflicted on the enemy. Now, if the people of the three Jin states are induced to immigrate by means of grasslands and cottages, and if they are made to occupy themselves with primary things, then this way of inflicting damage on the enemy is just as real as a victory in war, and Qin will have the advantage of obtaining agricultural products. Conversely, by this plan, two birds will be hit with one stone. |
| | 來民: |
齊人有東郭敞者，猶多願，願有萬金。其徒請賙焉，不與，曰：「吾將以求封也。」其徒怒而去之宋，曰：「此無益於愛也，故不如與之利也。」今晉有民，而秦愛其復，此愛非其有以失其有也，豈異東郭敞之愛非其有而失其徒乎？ |
| Encouragement of Immigration:...: |
Amongst the citizens of Qi was one Dong-guo Chang, who had very many desires and wished to have ten thousand pieces of gold. When his retainer begged for a monetary subsidy (in case he would obtain that money), he would not give it, saying: 'I want to use it to obtain a fief.' His retainer became angry, and left him and went to Song, saying: 'This is being stingy about what he has not; therefore he is now in a worse position than when he first had me with him.' Now Jin has the people, and Qin is sparing in the granting of exemptions from taxes; this is being stingy about what one has not, with the result that one loses what one might have. Is this not just like Dong-guo Chang's being stingy about what he did not have, and so losing his retainer? |
| | 賞刑: |
晉文公欲明刑以親百姓，於是合諸侯大夫於侍千宮。顛頡後至，請其罪。君曰：「用事焉，」吏遂斷顛頡之脊以殉。晉國之士，稽焉皆懼，曰：「顛頡之有寵也，斷以殉，況於我乎？」舉兵伐曹及五鹿，反鄭之埤，東衛之畝，勝荊人於城濮。三軍之士，止之如斬足，行之如流水。三軍之士，無敢犯禁者。故一假道重輕於顛頡之脊，而晉國治。 |
| Rewards and Punishments:...: |
Duke Wen of Jin wished to make clear the system of punishments, in order to gain the affection of the people. Thereupon, he assembled together all the feudal lords and great officers in the Shi-Qian Palace, but Dien Xie arrived too late and asked for punishment. The prince said: 'Employ stabbing, and the lictors thereupon cut through Dien Xie's spine and made him die an expiatory death. The scholars of the state of Jin, having investigated the matter, were all afraid, and said: 'Considering that Dien Xie was a favourite and still he has been sawn through, as an expiatory death, how will it fare with us?' He raised an army and attacked Cao and Wu-lu. He also overturned the lowlands of Zheng and veered towards the east the fields of Wei; he conquered the people of Jing at Cheng-pu. The soldiers of his three armies were so disciplined that stopping them was as if their feet were cut off and in marching they were like flowing water, and none of the soldiers of the three armies dared to transgress his prohibitions. So by basing himself on this one affair of Dien Xie, where a light offence was severely punished, Duke Wen caused the state of Jin to enjoy order. |
| | 定分: |
法令者，民之命也，為治之本也，所以備民也。為治而去法令，猶欲無饑而去食也，欲無寒而去衣也，欲東西行也，其不幾亦明矣。一兔走，百人逐之，非以兔也。夫賣者滿市，而盜不敢取，由名分已定也。故名分未定，堯舜禹湯且皆如騖焉而逐之；名分已定，貪盜不取。今法令不明，其名不定，天下之人得議之，其議人異而無定。人主為法於上，下民議之於下，是法令不定，以下為上也。此所謂名分之不定也。夫名分不定，堯舜猶將皆折而姦之，而況眾人乎？此令姦惡大起，人主奪威勢，亡國滅社稷之道也。 |
| Fixing of Rights and...: |
Law is the authoritative principle for the people, and is the basis of government; it is what shapes the people. Trying to govern while eliminating the law is like a desire not to be hungry while eliminating food, or a desire not to be cold while eliminating clothes, or a desire to go east while one moves west. It is clear enough that there is no hope of realizing it. That a hundred men will chase after a single hare that runs away, is not for the sake of the hare; for when they are sold everywhere on the market, even a thief does not dare to take one away, because their legal title is definite. Thus if the legal title is not definite, then even men like Yao, Shun, Yu or Tang would all rush to chase after it, but if the legal title is definite even a poor thief would not take it. Now if laws and mandates are not clear, nor their titles definite, the men of the empire have opportunities for discussion; in their discussions they will differ and there will be no definiteness. If above the ruler of men makes laws, but below the inferior people discuss them, the laws will not be definite and inferiors will become superiors. This may be called a condition where rights and duties are indefinite. When rights and duties are indefinite, even men like Yao and Shun will become crooked and commit acts of wickedness, how much more then the mass of the people ! This is the way in which wickedness and wrong-doing will be greatly stimulated, the ruler of men will be despoiled of his authority and power, will ruin his country and bring disaster upon the altar of the soil and grain. |
