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. "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 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 躬 規陳列而頒布之 有躬不示出之然是立 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 時三 is the次of次舍, ‘a mansion,' ‘adwelling. 月 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 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 顯 事友大憝貨攘 子 ○ 臀 臀姦 乃子能傷弗矧王 先民 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 16 them to take their property, being violent and fearless of death :those are abhorred by all."" “ 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.’ 憝=惡‘to hate,' ‘to detest.' Justice executed on such parties would ly. 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.' of the father-the younger brother-who," 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 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 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 家惟殺速憝乃庸大别小 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 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= -in the 31st Bk. of the Chow Le, referred to 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., 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 |