元德惟言 富惟訖典棐 命自克在有敬訖 獄 配作天身擇忌于威非 11 regular duties of life. In examining criminal cases, the officers executed the law not only against the powerful, but also against the wealthy. They were all reverence and caution. They had no occasion to make choice of words in reference to their conduct. The virtue of Heaven was attained to by them; from them was the determination of so great a matter as the lives of men. In their low sphere they yet corresponded to Heaven, and enjoyed its favour.” descriptive of the ministers and princes make choice of words, and then to speak.' would seem necessary to 惟克云云,it explain these clauses of the officers in criminal Gan-kwǒ did so, and expounds:一凡 causes. 四方諸侯皆惟德之勤故 能明于皐陶制刑之中導 民為善禁民為惡民之棐 彝者皆順法而刑不用. This is ingenious; but the ordinary view is to be (it will be seen he does not interpret preferred. the par. historically)惟能天德自 明於刑之中無擇言在身 P. 11. The impartiality of the administration 為大命配享天意在於 典獄典獄 of justice under Shun. This is not very perspicuous, but by the can see that the pass. was supposed to say that all judges, with the reverence and caution menmade for themselves a great decree, securing 之官, 'the officers presiding over criminal help of Ying-ta's paraphrase and glosses we causes,' under Kaou-yaou. 非訖(=盡) 于威惟訖于富=非惟得盡 tioned, being just and impartial like Heaven, 法於權勢之家亦惟得盡 long life and other prosperity, responding to 法於賄賂之人,言不為威(享當) the mind of Heaven, throughout 屈不為利誘 they not only carried out factory. Ts'ae interprets of the 典獄 the law against the powerful, but also against the empire.' This is very vague and unsatis those who offered brites, i.e., they were neither, after Gan-kwŏ, but confines himself, seems to be the meaning, tho' the language has contempt against minions of justice, especial- selves by taking bribes.一凡典獄之吏 have translated after the Daily Explanation,' which may be supposed to give the more definite expression of Ts'ae's views. Its language is :--- 夫天德無私能制人死生 大命今典獄者亦無私 生人 在我 賄以致富若苗民之臣所 則為能克天德 there was nothing which they could not tell, nothing about which it was necessary first to the clauses to would refer them to Shun as the emperor who appointed Kaou-yaou, and whose careful provision for the administration of justice, was to be rewarded by the 12 吉于惟迪時 牧獄嗟享 中人,獄 之中惟時應威 觀之 苗今夷爾爾方下。 五 罔匪何刑 III. The king said, "Ah! you who superintend the government and preside over criminal cases throughout the empire, are you not possession of the empire long continued, and consider and imitate.' This determines the mean- as planation of 元命a 國 by厥惟廢 元命, in Bk. XIV., p. 5., and that of 酏 享在下by克配上帝 in The 懲戒 to condemn and beware of;' to take as a warning.’ 非時(是)伯夷 Tae-kën,' Pt. iii., p. 3, and by 配天其澤nculty which we found in trying to explain the 播刑之迪,there is here the same dif in Bk. XIV., p. 8. The editors of Yung-ching's 折民惟刑of par. 8. Perhaps the 迪 Shoo mention his view with approbation, but do not positively decide in favour of it. His | interpretation of is better supported than that in the translation; but I cannot bring myself to admit that king Muh turns here to speak, either historically or by way of admoni-| tion, of sovereigns generally. Ch. III. P. 12. THE KING ADDRESSES THE MADE, AND URGES THEM TO TAKE THE BARON E 四方司政典獄-from Gan-kwo downwards, the critics all take this as a designation of the 諸侯, or princes,' 80 that the king is addressing not them and their officers of justice, but thein only. The view is to my mind very questionable. It is grounded on . the appellation of shepherds of Heaven,' which follows. That is often given, no doubt, to the in the sense of leadings' (開導), is appro- some stress on the characters, but it gives a Gan-kwǒ takes 迪=道, and gives for the Daily Explanation' seems to get, by a round- myself: 惟時伯夷制為典禮 princes who rule,–to the sovereign par eminence 折民之入于刑 and to all who hold appointments under him; but why may we not suppose that it is here者無不至是所謂播刑之 extended to judges also, whose decisions should always be according to the truth,—according to 迪者此克作天牧爾之所 the mind of God ? 監=監法 ® to 當監也惟時(=是苗民 13 勤仝聽季◎辭降亂奪 爾爾朕弟伯王訏答無貨 罔言幼 日 辜斷 或不庶子伯嗚 嗚乃苗上 有童兄呼絕苗帝五 刑 慰格孫仲念厥民 勤日命皆叔之世。無 蠲以 ers, who determined and administered them so as to oppress the innocent, until God could not hold them guiltless, and sent down calamity on Meaou, when the people had no plea to urge in mitigation of punishment, and their name was cut off from the world? IV. The king said, “Oh! lay it to heart. My senior uncles, and all ye my brethren and cousins, my sons and my grandsons, listen all of you to my words, in which, it maybe, you will receive a most important charge. You will tread the path of satisfaction only by being daily diligent;-do not have occasion to beware of the want of diligence. Heaven, in its wish to regulate the people, allows us for a day to make use of punish –I have translated interrogatively here, in response to the previous question. 匪 察于獄之麗-this has reference to the 越兹麗刑并制 of p. 3. Literally the characters mean-they did not examine into the obnoxiousness of criminal cases,' i.e., Ch. IV. P. 13. THE KING ADDRESSES HIM- 伯一 Bk. XXIII., p. 6. 伯兄仲叔季弟 they did not seek to find out either the real these were all the king's cousins, his criminals or the degree of guilt. From this to On 弟 Brothers may also be included. the end of the par., we have a striking instance of the long sentences of the Shoo. 岡擇 伯仲,叔, and 季, see Con. Ana, XVIII, xi. Both Gaubil and Medhurst are wrong in well have had grand-children who were high in 至無辜,Keang Shing's comment on this taking 仲叔 together, as meaning ‘junior is brief and clear:一不選擇善人使 uncles,' mes oncles paternels cadets. 幼 觀于五刑之中正惟是 子童孫—when we consider that king 子孫恃威奪貨之人任之使斷 Muh was now a hundred years old, he may very 制五刑以亂罰無辜上 office or rulers of States. [Këang Shing reads 帝不蠲——潔, (clean;' as a verb, and not 童, arguing that 童 was properto consider clean,' 'to acquit.' 乃色 ly the designation of ‘a menial’or‘servant,” 厥世,this has reference to the 遏色 苗民無世在下,of p. 5. What was there ascribed to Shun is here ascribed to God; ‘showing,' says Sun Ke-yew, 'that Shun was only the minister of Heaven's justice.’ and that of a young person.' There is a note in the dict., under, to the same effect, where it is added that in the lapse of time, through inadvertence and error, the characters have changed meaning.] 庶有格命 兆德 德五 休雖以尙惟我天 刑 休勿休 奉敬終 我在日于 之有成惟畏一天人非民 其慶三 敬雖人命爾終俾 ments. Whether crimes have been premeditated, or are unpremeditated, depends on the parties concerned;-do you deal with them so as reverently to accord with the mind of Heaven, and serve me, the one man. Though I would put them to death, do not you therefore put them to death; though I would spare them, do not you therefore spare them. Reverently apportion the five punishments, so as to complete the three virtues. Then shall I, the one man, enjoy felicity; the people will look to you as their sure dependence; the repose of such a state will be perpetual." –Ts'ae, after Gan-kwǔ, defines 格 by 至 至善or至當; and I have translated ac cordingly. Këang Shing, after K'ang-shing, defines 格 by 登, so that格命=壽考, ‘longevity? This view may be rejected with out hesitation. Nor does another advocated by Soo Shih and Sëe Ke-seuen, to which the editors of Yung-ching's Shoo are not disinclined, seem worthy of much more attention. According to have been variously pointed and interpreted. 天齊于民 is spoken of the design of Heaven in the use of punishments. It is to b the people to a state of adjustment and ment ends. I have put a comma with Ts'ae after as in the translation. Then 非終 and 惟終 are interpret it, the 命一天命, and 庶有格命= 庶幾可以格于上帝, as in Bk. XVI., p. 7. Ts'ae explains because the discourse there is all on the subject 慰日勤 爾所用以自慰者 無不以日勤,‘Let the method which you employ to find satisfaction-ease of mind to yourselves be only that of daily diligence’ The 'diligence' must be understood with refer ed after the analogy of the same expressions in Bk. IX., p. 8; and it is very nataral to do so, of the administration of the penal laws; and the meaning thus obtained well suits the gener al tenor of the paragraph. Gan-kwǒ point ed--天齊于民俾我一日非 but his explanation 終惟終在人; ence to the investigation of criminal cases and of this is hardly intelligible: the administration of punishments; and hence it is added-爾罔或戒不勤. When punishment was once wrongly inflicted from a want of carefulness, the evil was done; regret and repentance would be of little avail. Lin Che-k'e interpreted 由 and 慰 differently, but not, I think, so well. He says:爾當 無不由朕之言相慰勉而 日愈勤, ‘you should stimulate one another from my words, and be daily more diligent.' [Gan-kwo read, which Keang Shing still edits. See Ying-ta's explanation of this text.] 天齊至在人,-these clauses | | 於下民使我爲之一日所 行非為天所終惟為天所 終在人所行. Of all who have adopted this pointing, Chin King may be said to have succeeded best; and the editors of Yung-ching's Show commend his interpretation, which is given in the 附錄 and is to this effect: Heaven would by punishments regu late the people, and not being able to do so itself, entrusts the work to me. But Heaven's heart of love for the people is inexhaustible, and I also cannot in one day complete the thing. For associates to complete it, I must look to others, and depend on them, On other attempts to give a consistent meaning to the 14 敬非姓爾刑告弗吁◎ 非人何安在爾有來王惟 刑何擇 今祥土有 永。 V. The king said, "Ho! come, ye rulers of States and territories, I will tell you how to make punishments a blessing. Now it is yours to give repose to the people:-what should you be most concerned about the choosing of? Should it not be proper men? What should you deal with the most reverently? Should it not be punishments? What should you calculate the most? Should it not be to whom they should reach? passage on this construction, I need not dwell. 當重而重成剛德而剛 Ts'ae has here outstript all the other commen- 不至於苛暴介輕重之間, tators. 敬逆天命‘reverently 成正直而正直不至於 anticipate-meet-what Heaven has appointed;' i.e., do you seek simply to do justice. This will be to fulfil the mind of Heaven, and also VTT). the best service you can render to me. The three concluding clauses all show the happy result of the princes' listen HR RK-the ing to the king's advice. Gan-kwo is wrong advice here is the same with that given by king in taking 一人有慶-天子有 Ching to Keun-ch'in, Bk. XIX., p. 8;, and then making the other two clauses dependent on this. taken as ference in the words to the king's own wishes; Kënng Shing edits 袛事不怠after 勿 宥, and would exclude 惟敬五刑; on very poor authority. 以成三德 -the three virtues' are those of 'The Great Plan,' p. 17,-the virtues of 'correctness and straightforwardness,' of 'strong government,' and of mild government.' Ch. V. Pp. 14-20. THE KING SHOWS ALL HIS PRINCES AND CHIEFS HOW THEY SHOULD This chapter must be considered the most important of the Book. Its contents are what is intended by the of par. 1. I suppose that the various things here announced in a general way by the king were all drawn out, and had been published, with the necessary details and explanations, by the prince of Leu. P. 14. Preliminary address to all the princes. 吁來有那有土吁 is called in the dict. 疑怪之辭, a particle of doubt and surprise.' We have had it seven times already in the Shoo, where our 'alas!' was always suitable. But that expression of feeling is not what we should expect here. Lin Che-k'e makes the term on the contrary here expressive of joyful alacrity (吁來者歡而呼 and (woo). 有那 As Wang Yen says in the 集說:-Pun- 之前也). We have the different -Pun. ishments being light when they ought to be readings of light, this would be "mild govt.,' " and the mildness would not be weak indulgence. Being severe when they ought to be severe, this would be "strong govt.," and the strength would not be oppression. Being intermediate between light and heavy, this would be correct and straightforward govt.," and the correctness and straightforwardness would not degenerate to one-sidedness' 成柔德而柔不至於縱他 VOL. III. (another reading is may be considered as descriptive of the princes of the empire generally,―of the imperial surname and of others. Këang Shing says that (so he reads) indicates the princes outside the imperial domain, and those having appanages within it; but I do not think we can thus discriminate the phrases. 告爾 76 |