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11

12

于念

殷時 日劓劓

旬五曰罰臬

時六要有 事人。人,封 日,因倫師汝○無又

倫。

截至服○兹陳王或日

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.

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"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.

off the nose' was one of the regular five punish

are intended by it, it is not easy to see. Cutting | 條也,但取殷罰以治殷 民可矣云云

ments, but not ‘cutting off the ears' though

mention is made of this in Bk. XXVII., p. 2.

The 叉日 should probably be before the 非 汝封 which precedes it in the text,–as in

the translation.

11. In things 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 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

Gan-kwǒ adopted a different exegesis, under

standing by 外事一外土諸侯奉王
事. But his interpretation is quite unsatis-
事.But
factory; see the 註疏

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.

臬, anciently ‘a small post in front of a gate, (門橛), marking a limit, is used for laws. 師ㄧ法,‘to follow as the law, The 聽獄在外朝故日外事

Këang 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

'Daily Paraphrase' says:- 一凡外而有 deliberation before deciding on criminal cases. 要囚—Ts'ne defines this as – -獄辭之 要者 要者: ‘the summary of the pleas in criminal

司訟獄之事必欲一一
親綜理勢有所不能若
預取法令而詳定之耶
屬僚則有司將有任
入者矣汝務講求

規陳列而頒布之
真布之使
確有所守易以爲治
法也不必別出意見創

有躬不示出之然是立

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立要

as

一察,‘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 惟汝庸其事王蓄 乃心其已日盡以義罰日 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.

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

altered times;’義-宜 勿庸以

次汝封-庸用;次卽or就

The whole=刑殺不可以就汝

was once executed, there could be no remedying. This is plainly the meaning; but

服念=服膺而 the usage of 次 is peculiar. Ts'ae says that it

a wrong decision.

念之

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時三 is the次of次舍, ‘a mansion,' ‘adwelling.

蔽斷,‘to decide.

乃汝·云云遜=順 meaning

graphs.

P.13. Summary of the five preceding para accordant with right.' 時叙是有 汝陳時(=)事,一the 次叙, having reference to the 有叙 of par. 9. The gist of the whole is, that Fung should

difficulty here is with the 事. Ts'ae connects it with by means of an fil,'In setting

forth these laws and other matters' (敷陳 是法與事). Ying-ta and Këang Shing

both give it a verbal force. The latter explains:

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

King, in his 致仕篇 of a portion of this paragraph, reduces the whole to—王日女

-陳是法以從事于罰 Sim-陳時事罰蔽殷繇誼刑

pler than either of those methods is the construc

tion of Woo Ching, who makes 事 the object

有順事. But only prejudice can, in my 誼殺勿庸以卽女惟日未

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
殷彝-蔽 as in the last par.; 释常
( 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

over the authority of the tertus 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 aud 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.

天疾

事友大憝貨攘

子 ○ 臀 臀姦

乃子能傷弗矧王 先民
弗于字厥祗惟 畏殺
殺自
克弟
封死越
越得

恭弗子 厥孝元罔人

乃于父不惡弗于

15 All people who of themselves commit crimes, robbing, stealing, practising villainy and treason, and who kill men or violently assault

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16

them to take their property, being violent and fearless of death :those are abhorred by all.""

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“ The king says, Fung, such chief criminals are greatly abhorred, and how much more detestable are the unfilial and unbrotherly!— as the son who does not reverently discharge his duty to his father, but greatly wounds his father's heart; and the father who can no longer love his son, but hates him; and the younger brother who does not think of the manifest will of Heaven, and refuses to respect his elder brother, so that the elder brother does not think of the Cases in which severe punishment | the son's, and of the younger brother's as well as

Pp. 15–17.

may be inflicted without hesitation. 15. Rob- his senior's, we must understand by 不孝

bers, murderers, frc. 自得罪,−of them- all offences between father and son, and by selves,' ie, without being tempted or involv- 不友 all between elder brother and younger.

ed by others, offending."' 寇攘姦 宄-comp. the Canon of Shun, p. 26 ; et al. 殺越人于貨-from this the par.

is quoted by Mencius, V. Pt. II., iv. 4, which

see.

厥考心考 is evidently used of

the father when alive. 于必至厥子, this must be, I think, a fresh case, and is not 于

Ts'ae illustrates the meaning of 越 here by a reference to in the 顛越不恭, 'Pwan-kăng,' Pt. ii., 16; but it is not apt. The

character must have in the text the meaning of, 'to throw down,' = 'to assault violently.’

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憝=惡‘to hate,' ‘to

detest.' Justice executed on such parties would
meet with general sympathy and approbation.
16. The case of the unfilial and unbrother-

ly.
case of the parties in the last par. The next
clause must be completed as in the translation.

元惡大憝-this takes up the

Ts'ae gives for it:一况不孝不友之 人,而尤爲可惡者 不孝 is the crime of the son, and 不友 is that of

the elder brother. But as the par. goes on to speak of the father's failure in duty as well as

to be connected with the preceding, as if the

were equivalent to以致, ‘so that,' which

is the paraphrase of the Daily Explanation.'
We cannot connect 于弟 which immediate-
ly follows, with any clause which precedes.
于父 and 于弟='in the case
字=愛‘to love;’疾= to
天顯 is the manifest will of
Heaven; requiring that the younger should
serve the elder. 不念鞠子哀-
Gan-kwǔ takes 鞠 in the sense of 穉 child,
junior' and explains the clause-不念穉
子之可哀 ‘does not think of the pity

of the father-the younger brother-who,"
&c.
hate.'

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he should cherish for his younger brother.'

Lin Che-ke, foll. by Tsue, took 鞠 =養,

17

子大兹由泯我弟子兄
訓戛無文亂與政惟哀兄
人矧赦王曰我入弟大赤
惟惟○作乃民得兹不不
厥外不罰其彝罪不友
正庶率刑速大天于于鞠

toil of their parents in bringing them up, and is very unbrotherly to his junior. If we who are charged with government do not treat parties who proceed to such wickedness as offenders, the laws of our nature given by Heaven to our people will be thrown into great disorder or destroyed. You must deal speedily with such parties according to the penal laws of king Wan, punishing them severely and not pardoning.

'These, who are disobedient to natural principles, are to be thus severely subjected to the laws;-how much more the officers employed in your State as the instructors of the youth, the heads

and interpreted as in the translation.

惟弔茲至泯亂-all this must be

taken together as one sentence, and interpreted

as in the translation. The paraphrase of the
【Daily Explanation' is:一夫廢棄人
倫滅天理,至于如此較
之寇攘姦宄其惡尤甚
我為政之人視為固然不
加之以罪則人心無從勸
懲風俗何由不變將天所
與我民之常性不大泯滅
而紊亂乎

Lin Che-k'e takes quite a difft. view of the scope of the passage. is read by him teaou, 'to pity,' and not teih, ‘to come to.’His interpretation is: -The

interposing anything about pitying and teaching

them in the first place. 日及云云

-Woo Ching brings out the force of the

日 very well: 然則如之何哉 汝其曰速由云云·What then id

to be done? You must say, I will quickly punish them." What the law of king Wan regarding such cases was, we do not know.

There is a difficulty in applying here what is said about 不孝之刑and不弟之 刑, in the Chow Le, Bk.IX,地官大 司徒

P. 17. The case of unworthy and factious

officers. 不率大戛-thie corresponds

to the first clause of the last par., and must be

construed accordingly. is descriptive of the 不孝,不友, and 大戛 of the punishment which such received. The difficulty is with the interpretation of. The

criminals I have mentioned above are detested by all, and to be put to death. But these parties are to be pitied. Their offences must be owing to the failures in duty of us who are charged with govt.,' &c. Lin argues ingeniously, but 雅 defines it by 禮‘propriety,' which is not satisfactorily, in support of his view. We feel that he ought to be right. Robbers and murderers must be summarily dealt with for

taken to =

非常法, a constant law. Gan-kwǔ,

the preservation of society; but unkind fathers adopting this account of the term, makes and undutiful children, and divided brothers, cannot be taken cognizance of in the same way all descriptive of the unfilial and by the law. The duke of Chow, however, makes them-and here he is correct-in advance of the others in point of guilt, and goes on to say that they are to be punished accordingly, without

VOL. III,

unbrotherly, as those who do not comply with the invariable laws of human duty. This is contrary to the analogy of the last clause, which I have pointed out, and it must be rejected.

50

18

能惟義乃惟君念
惟君念造節人,
其朕時弗民乃越

家惟殺速憝乃庸大别小
人長○由己引瘃譽播臣
越不亦滋汝惡厥弗敷諸

of the various official departments, and the petty officers, charged with their several commissions; when they propagate and spread abroad other lessons, seeking the praise of the people, not thinking of the sovereign nor using the rules for their duties, but distressing him! These lead on to wickedness and are an abomination to me.

Shall they be let alone? Do you quickly, Do you quickly, according to what is recognized as right, put them to death.

And you are here prince and president;-if you cannot manage your own household, with your petty officers, the instructors, and

Ts'ae makes the word法, (lawe,' and with | verbal force, -窴之法 ‘to subject to the

laws.' I have followed this view. Woo Ching

gets substantially to the same conclusion by taking it as — 擊, ‘to smite,' after the analogy of the‘Yih and Tseih,' p. 9. 外諸子 訓人外諸子以訓人為職

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teurs;–Biot), parr.53–55. They were charged

with the minor orders of the emperor and, in the States, of the princes, conveying them to the parties to whom they were addressed, and as symbols of their authority they carried the

節, tallies, or credentials appropriate to the mission with which they were charged. 乃 別至君-乃別為條教而

Medhurst translates the clause by the outside 頒布之取悅時俗要求衆

princes, whose business it is to instruct the peo

ple: Gaubil has Ceux qui, par etat, doivent 譽將君上委任之意全不

enseigner les autres;'-more correctly than

Medliurst, but he takes no account of the 外. In the Chow Le, Bk. XXXI, p. 16, we have an account of the 諸子, as the various

officers charged with the training of the youth of the kingdom, sons of nobles, high officers, and others of the best promise. It is said

諸子掌國子之倅掌其戒 合與其教治辨其等正其 位, which Biot translates' L'attaché aux fils de dignitaires est chargé de conduire les

suppleants des fils de l'Etat. Il s'occupe de leur règlement special; il dirige leurs etudes; il distingue leurs rangs, et determine leurs positions dans les ceremonies.' This was the

function of those officers in the imperial domain, at the court:-there were similar officers in the various states, who as distinguished from these

were the 外諸子. 厥正人=
庶官之長 越小臣諸節

-in the 31st Bk. of the Chow Le, referred to
above, we have an account of the office of the
小臣 or (Minor ministers' (petits servi-

2

體念并國家官守之法咸 廢格不用徒知違道干譽 以病其君 時(一)乃引

惡- - these are leaders of wickedness,' i.e.,

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they set an example of wickedness and led

others on to it as well. 由義— according to this righteousnessy ie, whmt is

recognized and has been enacted as right to be done in such cases. Gan-kwǒ takes a difft.

view of the par. from 乃別播敷

con

sidering it as addressed to Fung himself. Such a construction is most uunatural, and breaks entirely the train of thought.

Pp. 18, 19. Advice to Fung to be himself an example of what he required in others, and by gentleness make the people rich and happy, and fulfil the hopes which were entertained of him.

Such is the view of these parr. taken by Ts'ae

and Woo Ching. Keang Shing supposes that States to which Fung stood in the relation of

par. 18 speaks of the princes of the various

president. The view is ingenious,

but it necessitates more wresting and supple

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