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"The king says, 4 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 rulers observance of principle or the reverse, and by his energy of conduct or the reverse.

1 Yes, it is yours, 0 little one,—it is your business to enlarge the royal influence, and harmoniously to protect this people of Yin.

K'/<«< awe and cautious diligence Fung should go about the duties of his government. ^jjjj =

'pain.' 'sickness.' ^ $J J*,

^=ifc 'Jt% & fk %''sickness andin

are in your person.' The meaning is that Fung's appointment was not one of ease, but one of labour, in which he should feel the sufferings of the people as if they were wounds in

his own person. ^ «|*^ is equiva

fa* * ^ ifr * tit. an E Pt H>

W& W\ W 'T1,e npp°iiitments °f

Heaven are not unchanging; and though they are to be thought of with awe, yet it helps the sincere.' <|* ^ pf j|, ^ |£

as in the translation. The uncertainty of the will of Heaven, and the changing of the mind3 of the people,—these are two considerations, which should stimulate Fung to caution and diligence that he might hold fast what he had received. Some would connect J^i

Pj w'tn wl'at precedes, so that the meaning is—' Heaven in its awfulness yet helps the sincere, and this is greatly seen in the feelings of the people.' But this construction of the text

is not so good as the other. Jj^ = ffj;

§ 2»C"' do not give yourself to repose.'

^J, -jr^ —* 'iaTe followed >n the translation here the interpretation which is given by Ts'ae and in the 'Daily Explanation.' I am not sure, however, but it wonld have been better to adopt the view of Gan-kwO which is to this effect:—' The dissatisfaction of the people may 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 bringing his conduct, which may have been defective, into conformity with what is right, and to be acting energetically wherever he may have been remiss.' 7. The great duties of Fang, and how the happy results of his virtue would

75 $*=fjc ^ <yonr busine»8-'

jj/j -f-1—' enlarge the king.' It would seem that the meaning must be as in the translation.

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Thus also shall you assist the king, consolidating the appointment of Heaven, and renovating this people.'"

HI. "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 small, you may not but put them to death. But in the case 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.'"

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Jf|i is explained by jjsfl, 'harmony,' and here used adverbially. This definition does not occur in the dictionary, but it may be deduced from that of M, 'things answering,

responding, to one another.' The people of Yin werenot in harmonious accord with thedy nasty of Chow. It would be the business of Fung to bring them to be so. The view of Gan-kwfl is different.

He says ^ ^^-,7^^^^

^ = Jjf, 'to settle,' ' to consolidate.' Tr —,ee on , rne Great Learn

ing,' Comm. ii., 2. The yfe and -ffi must be taken, however, both as verbs, blending their meaning together. Perhaps a good version would be—' and make a renovated people.' Ch. HI., Pp. 8—19. How Fund Should Be

CAREFUL IN THE USE OF PUNISHMENTS.

8. Modifying circumxtancrs in judging of small and great offences. /^-\ p^, m

T; "pT Ti comp. the ' Canon of Shun,'

$R ltt/ ' P,,rl,ost''y t'ms.' The meaning of the phrase is determined by its correlation

wit'1 j5§i Hf *** {$9 M, 'accidentally,' below. 7Jr ^ ~ZZ romp, in the

• Canon of Shun,' f| £f ^ iff

& ]%% t£ 'When theyhavo

themselves confessed, presenting fully all the circumstances, not daring to conceal anything.' This must be the meaning, though Gan-kw<5 supposes Fung himself, or the judge, to be the subject of the clause, explaining it by—y^j

you have employed every resource in hearing the case, so as thoroughly to investigate the offence.'

[Soo Shih contended that the yJ-» ^j? and A p(i lice 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 seemed at first unpardonable, and would let the sentence of the law take its course, where there might seem at first to be room for forgiveness. I do not see in the text any ground for this criticism. A small offence, purposed and persevered in, becomes a capital crime j—

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R Aft £ ft S £ K 7* Pf.

"The king says, 'Oh! Fung, there must be the right regulation in this matter. When you show a great discrimination, subduing mens 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 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.]

9. The influence of the careful use of punishments in transforming the people and making them

'in the use of punishments there is an order.'

Hang Shing explains by and connects

with the preceding.—' If you conform to this method of judging in the case of small and great

crimes,' &c. But the interposition of ^£ Q, pj^ fl^£, ijjj*, forbids any such constructive connection between the paragraphs. (J^p ( =

'h' i ' M refers to the intelligent use of punishments*; M ^ M It 'M refers to the subjecting the people thereby.'

Pt M, 't,ie people will warn one another, and exert themselves to be harmonious and obedient.' A,-- this clause is

evidently to be referred to the person of Fung, like the jfc -^r 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 yjj!~- flit

jfo -Tp appears clearly from the use which Mcncius makes of it, Ill., Pt. I., v., 3. He says—' If an infant crawling about, is about to

fall into a well, it is no crime in the infant.' No man would be roused to anger by the sight of such an infant, and every one would do his utmost to rescue it. Let Fung thus look upon the people, to save them from crime as he would save an infant from falling into a well, and they would be tranquil and orderly.

[Keang Shing joins A with the

previous clause, taking Jjjj^ in the sense of it ,

'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

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authority of Sean Wing, who says in his

"til' But ne'tner t'1'8 text nor interpretation of Seun is correct. The same may be said of the way in which he quotes and applies the difficult clause—X of p. 5, which appears in the same a as ij/,

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

JM by 'to inflict a severe punishment;' because

JBJ A %k Aare °pp°sed to &!l A JiJ

the severer punishments to the lighter. What particular punishment or punishments

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%. KM,^M ik o M 3L

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.'"

"Tlie 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, 1 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 hy it, it is not easy to see. 'Cutting off the nose' was one of the regular five punishments, but not 'cutting off the ears,' though mention is made of this in Bk. XXVII., p. 2.

The should probably be before the

yjf ilj" which precedes it in the text,—as in the translation.

11. In tilings not falling immediately under his 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 ^jfj* jpp, 'outside affairs.' The common view is that it means ^EJ fjj ^ 'the affairs of the officers,'

matters which it was not necessary the prince
himself should take the management of. Then

Q., anciently 'a small post in front of a gate'
(PI marking a limit, is used for laws

Mi = 5i' 't0 follow as the law-' Tlie 'Daily Paraphrase' says:—fffj

m

Gan-kwd adopted a different exegesis, understanding by ± fg £

w, But his interpretation is quite unsatisfactory ;—see the =|4- j^jjj. Ts'ae quotes the view of one of the critics Leu ( JzJ j^j), that by ^ F Jpf. are to be understood the affairs

of Wei ^§ 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. Keang Shing gives still a difft. view in the

foil, words ^, f& £ ^

P. 12. How Fung should exercise a cautious deliberation before deciding on criminal cases, B? IN -Ts'ae defines this as =^ ^ 2:

^j",'the summary of the pleas in criminal

cases.' Medhurst renders it by 'important criminal cases;' and Gaubil by 'S'il s'agit de fautes considerables.' They both err by taking

jjf. in the 3d tone, = ' important,' The diet.

gives one meaning of with reference to the

text, as it As, 'the evidence in a criminal case;' and, with the same reference it defines T?2*-as==?j|?, 'to examine.' These meanings o m ik m %

13 "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, 0 Fung? My heart and my virtue also are known to you.

altered times;' ||= ft Mitt J#

The whole-^jfj^pf^^j^. its) 2: 'l his is plainly the meaning; but

the usage of A is peculiar. Ts'ae says that it is the of ^ 'a mansion,''a dwelling.'

'accordant with right.' fl^p jj^ =j|L ^

having reference to the ^j" ^ of par. 9. The gist of the whole is, that Fung should never allow a feeling of elation, as if all his affairs were arranged as well as they possibly could be.

[Keang Shing, following a quotation by Seun. K'ing, in his g£ jj^ of a portion of this paragraph, reduces the whole to—E Q ^*

m 'But on,y Preiudice can, in my

opinion, make any of Seun's quotations carry it over the authority of the textus receptus. Shing interprets the last clause—'But say, "There are still instances of disobedience among the people."' This is far-fetched.

P. 14. The confidence and affection subsisting between Fumj and the duke of Chow. See on par. 2. Why these expressions of attachment should be interjected here, it is not easy to understand.

Jiff, 'to decide.'
Summary of the five preceding para-

of the terms are applicable to the phrase when it occurs again in Bk. XV., and I have followed 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 guilt would involve death, and when the accused was once executed, there could be no remedying a wrong decision. j|| ^ = jj£ M [flj

J"

i\ 13,

graphs. ft $fH# ( = £) ^

difficulty here is with the W. Ts'ae connects

it with by means of an fjjl, =' In setting

forth these laws and other matters' lit

^ ful 1p|0. Ying-ttt and Keang Shing both give it a verbal force. The latter explains:

pier than either of those methods is the construction of Woo Ch'ing, who makes lp£ the object of the verb and puts under its regimen;

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J/J? $fy-fflj> " in the last Par- i il^'/^' '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

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