子不不開往大哉子命。 乃懋在日豫盡可天封O 服○小怨乃乃見畏恫王 惟已寭不其心小棐瘢日 弘汝不在又無人忱乃嗚 王惟惠大民康難民身呼 應小懋亦我好保情敬小 6 "The king says, 'Oh! Fung, the little one, it is as if some disease. were in your person; be respectfully careful. Heaven in its awfulness yet helps the sincere. The feelings of the people can for the most part be discerned, but it is difficult to calculate on the attach ment of the lower classes. Where you go, employ all your heart. Do not seek repose, nor be fond of idleness and pleasure;-so may you regulate the people. I have heard the saying “ Dissatisfaction is caused not so much by great things or by small things, as by a ruler's observance of principle or the reverse, and by his energy of conduct or the reverse.' 7 ‘Yes, it is yours, O little one,it is your business to enlarge the royal influence, and harmoniously to protect this people of Yin. what awe and cautious diligence Fung should go with what precedes, so that the the sincere, and this is greatly seen in the feelings about the duties of his government. 恫=痛 meaning is – Heaven in its awfulness yet helps ‘pain’瘰==病 ‘sickness' 恫瘰乃 of the people. But this construction of the text 身疾痛在汝身, ‘sickness and pain are in your person." The meaning is that one of labour, in which he should feel the sufFung's appointment was not one of lease, but is not so good as the other. 無康=毋 ferings of the people as if they were wounds in tion here the interpretation which is given by his own person. 天畏棐忧 is equivalent to 天命不常甚可畏, 然誠則輔之 The appointments of Heaven are not unchanging; and though they are to be thought of with awe, yet it helps the Tsae and in the Daily Explanation, I am to adopt the view of Gan-kwǔ which is to this effect: The dissatisfaction of the people may not sure, however, but it would have been better be occasioned by things which are great in themselves, and by things which are small. It shows itself unexpectedly, and it is this which makes the people so difficult to be calculated on. A ruler, therefore, ought always to be sincere.' 民情大可見小民 難保=至民情好雖大畧 | bringing his conduct, which may have been 可見然小民之心最為難 as in the translation. The uncertainty of the will of Heaven, and the changing of the minds of the people,these are two considera and to be acting energetically wherever he may have been remiss.' defective, into conformity with what is right, 7. The great duties of Fung, and how the happy results of his virtue would appear. 乃服惟弘王一服=事; tions, which should stimulate Fung to caution 乃服汝之事, your business.” and diligence that he might hold fast what he had received. Some would connect enlarge the king.' It would seem that the meaning must be as in the translation. 8 辜災大乃典告乃王宅保 時適罪不式乃罰日天殷 乃 爾非可爾惟人鳴命民 不旣 終不有終有呼作亦 可 乃殺厥自小封新惟 殺極惟乃罪作罪敬民助 ○ 厥 厥告有小不非明〇王 Thus also shall you assist the king, consolidating the appointment of Heaven, and renovating this people."" III. "The king says, 'Oh! Fung, deal reverently and understandingly in your infliction of punishments. When men commit small crimes, which are not mischances, but purposed, themselves doing what is contrary to the laws, intentionally, though their crimes be But in the case but small, you may not but put them to death. of great crimes, which are not purposed, but from mischance and misfortune, accidental, if the offenders confess unreservedly their guilt, you may not put them to death.” 應 is explained by 和‘harmony,’ and with 適爾一偶爾, ‘accidentally,” below. here used adverbially. This definition does not occur in the dictionary, but it may be decuael 乃有大云云,-comp. in the ‘Canon of Shun, 眚災肆赦旣道 極厥辜-既自稱道盡輸 其情不敢隱匿 (When they have from that of 物相應 things answering, responding, to one another. The people of Yin were not in harmonious accord with the dynasty of Chow. It would be the business of Fung to bring them to be so. The view of Gan-kwo is different. He says: -汝惟小子乃當服行 德政惟弘大王道上以應 天下以安我所受殷之民 衆宅一定‘to settle,' ' to consolidate: 新民 ,-see on 'The Great Learn ing,’Comm. ii, 2. The作 and 新 must be taken, however, both as verbs, blending their meaning together. Perhaps a good version would be- and make a renovated people.' Ch. III., Pp. 8-19. How FUNG SHOULD be CAREFUL IN THE USE OF PUNISHMENTS. 8. Modifying circumstances in judging of small themselves confessed, presenting fully all the This must be the meaning, though Gan-kwŎ circumstances, not daring to conceal anything. supposes Fung himself, or the judge, to be the subject of the clause, explaining it by-汝 盡聽訟之理,以極其罪, after you have employed every resource in hearing the case, so as thoroughly to investigate the offence.' [Soo Shih contended that the and 大罪 here were not to be taken absolutely in the sense of small and great offences, but relatively to each other, as less and greater. The less offence is a capital crime as well as the greater one; but the final decision of the judge might find a way of pardon for what the sentence of the law take its course, where and great offences. 人有小罪至 不可不殺-comp. the 'Canon of Shun,' seemed at first unpardonable, and would let p.10,式爾一式=用;式爾-用 there might seem at first to be room for for意如此, purposely thus' The meaning of the phrase is determined by its correlation giveness. I do not see in the text any ground for this criticism. A small offence, purposed and persevered in, becomes a capital crime;— 9 或刑父子棄疾明有王 刑人○惟答懋服救曰 人殺非民 民和惟時鳴 殺人汝其保其若民乃呼 人無封康赤有其大封 節 “The king says, ‘Oh! Fung, there must be the right regulation in this matter. When you show a great discrimination, subduing men's hearts, the people will admonish one another, and strive to be obedient. Deal with evil, as if it were a sickness in your person, and the people will entirely put away their faults. Deal with them, as if you were guarding your infants, and the people will be tranquil 10 and orderly. It is not you, Fung, who inflict a severe punishment or death upon a man; you may not of yourself so punish a man or the transgressor is not fit to live. A great offence, not purposed, repented of, and confessed may be pardoned. This is what the paragraph inculcates.] ments in transforming the people and making them 9. The influence of the careful use of punishhappy. 有敘=刑罰有次序 in the use of punishments there is an order.' Këang Shing explains 敘by 順, and connects | fall into a well, it is no crime in the infant.' they would be tranquil and orderly. [Këang Shing joins 若有疾 with the previous clause, taking 疾 in the sense of 速 'quickly.'-The people will exert themselves to be harmonious and obedient with the greatest rapidity. The structure of the paragraph is opposed to such a construction, as I have pointed out above. Shing, however, could plead the authority of Seun King, who says in his with the preceding.-'If you conform to this method of judging in the case of small and great crimes,' &c. But the interposition of, 嗚呼,封, forbids any such constructive connection between the paragraphs. 時 是)乃大明服明者明其國篇三德者誠乎上則卡 罰明 refers to the intelligent use of pun-應之如景雖欲無明達 ishments '; 服者服其民服 refers 得乎哉書曰乃大明服惟 to the subjecting the people thereby.' 民 民其力懋和而有疾此之 其懋和民其戒而勉 But neither this text nor interpretation 謂也. 於和順, the people will warn one an other, and exert themselves to be harmonious and obedient' 若有疾-this clause is evidently to be referred to the person of Fung, like the 若保赤子 below. Let him deal with the crimes of the people, as he would with sickness in his own person, not suffering it, but treating it with tender hand, and the people would be both awed and won to put away their faults. The meaning of 若保 赤子 appears clearly from the use which of Seun is correct. The same may be said of ficult clause—弘于天 of p. 5, which ap- as 10. Punishments were to be employed according to the laws. Fung ought not to allow any feeling of his own in the use of them. I have translated by ‘to inflict a severe punishment; because 刑 刑人殺人 are opposed to 劓人耶 Mencius makes of it, III., Pt. I., v., 3. He, the severer punishments to the lighter. says- If an infant crawling about, is about to What particular punishment or punishments 11 12 念又殷時日劓 時六要有司事人。人封 日,因倫師汝○無又 截至服◎陳王或日 put him to death.' Moreover, he says, 'It is not you, Fung, who cut off a man's nose or ears; you may not of yourself cut off a man's nose or ears.' "The king says, 'In things beyond your immediate jurisdiction, have laws set forth which the officers may observe; and those should be the penal laws of Yin, which were right-ordered.'" “He also says, ‘In examining the evidence in criminal cases, reflect upon it for five or six days, yea for ten days, or three months. You may then boldly carry your decision into effect in such cases.' are intended by it, it is not easy to see. Cutting | 條欵也,但取殷罰以治殷 off the nose' was one of the regular five punish ments, but not ‘cutting off the ears,' though 民可云云 mention is made of this in Bk. XXVII., p. 2. Gan-kwǒ adopted a different exegesis, under The 叉日should probably be before the 非 standing by 外事-外土諸侯奉王 汝封 which precedes it in the text,–as in | 事. But his interpretation is quite unsatis the translation. 11. In things not falling immediately under his factory; see the 註疏 own jurisdiction, he should let the old laws of Yin take their course. The meaning of this par. is very uncertain. Ts'ae says that he does not understand what is meant by 外事, outside affairs.' The common view is that it means 有司之事, the affairs of the officers,' matters which it was not necessary the prince himself should take the management of. Then 臬, anciently ‘a small post in front of a gate, (門橛), marking a limit, is used for laws. Ts'ae quotes the view of one of the critics Leu (呂氏), that by 外事 are to be understood the affairs of Wei (衞國事) in opposition to the affairs which would come under Fung's notice as the minister of Crime at the imperial court. But the whole tenor of the Book sufficiently proves that the charges in it were delivered with exclusive reference to the govt. of Wei. Kêang Shing gives still a difft. view in the foll. words:一外事,聽獄之事也, P. 12. How Fung should exercise a cautious 師ㄧ法,‘to follow as the law. The 聽獄在外朝故曰外事 ‘Daily Paraphrase' says:一凡外而 :一凡外而有 deliberation before deciding on eriminal cases. 司訟獄之事必欲一 -獄辭之 ·躬要囚 Tsae defines this as 親綜理勢有所不能 若 要 者 者, (the summary of the pleas in criminal 預取法令而詳定之 屬僚則有司將有任意 入者矣汝務講求畫 規陳列而頒布 確有所守易以為治 P躬不示出之然是立 若昭意一曉然創 法也不必别出意見創 cases. Medhurst renders it by 'important criminal cases; 'and Gaubil by ‘S'il s'agit de fautes considerables.' They both err by taking ='important' The dict. 要 in the 3d tone, gives one meaning of, with reference to the text, as 獄辭 ‘the evidence in a criminal case; and, with the same reference it defines 要 as=察, ‘to examine.’These meanings 13 心若惟有日汝義殷陳要 朕汝小遜時封殺彝時囚。 德封子事乃勿用臬○ 惟之未○惟庸其事王蓋 乃心其已白盡以義罰 知朕有汝未遜次刑蔽汝 "The king says, 'In setting forth the business of the laws the punishments will be determined by the regular laws of Yin. But you must see that those punishments, as well as the penalty of death, be righteous. And you must not let them be warped to agree with your own inclinations, O Fung. Then shall you be entirely accordant with right, and may say, "These are properly ordered;" yet you must say at the same time, "Perhaps they are 14 not yet entirely accordant with right." Yes, you are the little one; –who has a heart like you, OFung? My heart and my virtue also are known to you. it occurs again in Bk. XV., and I have followed of the terms are applicable to the phrase when | altered times;義=宜. 勿庸以 汝封庸用;次郎or就 them here. Fung is told that in deciding on evidence, he should do so cautiously, and not hastily. It is supposed to be in a case where | The whole=刑殺不可以就汝 guilt would involve death, and when the accused was once executed, there could be no remedying. This is plainly the meaning; but a wrong decision. 服念=服膺而 the usage of 次 is peculiar. Ts'ae says that it 旬=十日 時三 is the 次 of 次舍, ‘a mansion, ‘adwelling., 念之 月 蔽一斷, to decide. 乃汝·云云遜=順 meaning P.13. Summary of the five preceding para-accordant with right. 時是有 汝陳時(=是)臬事,一the 次叙, having reference to the 有叙 of par, graphs. difficulty here is with the 事. Ts'ae counects 9. The gist of the whole is, that Fung should it with by means of an fil,='In setting never allow a feeling of elation, as if all his affairs forth these laws and other matters' (敷陳 是法與事). Ying-ta and Këang Shing | were arranged as well as they possibly could be. [Keang Shing, following a quotation by Seun King, in his 致仕篇 of a portion of this both give it a verbal force. The latter explains: paragraph, reduces the whole to -王日女 -陳是法以從事于罰 Sim- 陳時事罰殷彝誼刑 pler than either of those methods is the construc- 誼殺勿庸以女惟日未 tion of Woo Ching, who makes the object. But only prejudice can, in my of the verb, and puts under its regimen; opinion, make any of Seun's quotations carry -汝陳列用法之事 罰蔽itover the authority of the tertus receptus. Shing interprets the last clause-But say, "There 殷彝-蔽 as in the last par.; 鑫一常, are still instances of disobedience among the what is regular;'–in this case, 'the ordinary laws' of the former dynasty. Still Fung was not blindly to adopt all the laws of Yin. He must be satisfied that they were righteous, -appropriate to the crime, and suited to the people."" This is far-fetched. P.14. The confidence and affection subsisting between Fung and the duke of Chow. See on par. 2. Why these expressions of attachment should be interjected here, it is not easy to understand. |