第19章

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 늌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 泉, anciently ＇a small post in front of a gate＇ (門橛), marking a limit, is used for laws.

師=法, ＇to follow as the law＇. The ＇Daily Paraphrase＇says:—凡늌而有司訟獄之事, 必欲一一躬親綜理, 勢有所不能, 若不預取法令, 而詳定之, 昭示屬僚, 則有司將有任意出入者矣, 汝務講求畫一之規, 陳列而頒布之, 使曉然確有所守, 易以為治, 然是法也, 不必別出意見, 創立條欸也, 但取殷罰以治殷民可矣, 云云.

Gan-kwŏ adopted a different exegesis, understanding by 늌事—늌土諸侯奉王事. But his interpretations is quite unsatisfactory;—see the 註疏. Ts＇ae quotes the view of one of the critics Leu (呂氏), that by 늌事 are to be understood the affairs of Wei (衛國事) 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. Këang Shing gives still a difft. view in the foll. words:—늌事, 聽獄之事也, 聽獄놇늌朝, 故曰늌事.

P.12. How Fung should exercise a cautious deliberation before deciding on criminal cases. 要囚,—Ts＇ae defines this as=獄辭之要者, ＇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 要 in the 3d tone,= ＇important＇. The dict. gives one meaning of 囚, 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＇.

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 not yet entirely accordant with right."

14. Yes, you are the little one;—who has a heart like you, O Fung? My heart and my virtue also are known to you.

These meanings 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. 服念=服膺而念之. 旬=十日. 時=꺘月. 蔽=斷, ＇to decide＇.

P.13. Summary of the five preceding paragraphs.汝陳時 (=是) 臬事,—the difficulty here is with the事. Ts＇ae connects it with 臬 by means of an 與,=＇In setting forth these laws and other matters.＇ (敷陳是法與事). Ying-tă and Këang Shing both give it a verbal force. The latter explains:—汝陳是法以從事於罰. Simpler than either of those methods is the construction of Woo Ch＇ing, who makes 事 the object of the verb 陳, and puts 臬 under its regimen;—汝陳列뇾法之事. 罰蔽殷彝,—蔽, as in the last par.; 彝=常,＇what is regular＇;—in this case, ＇the ordinary laws＇ of the former dynasty. Still Fung was not blindly to adoptall the laws of Yin. He must be satisfied that they were righteous,—appropriate to the crime, and suited to the altered times;＇ 義=宜. 勿庸以次汝封,—庸=뇾; 次=即 or就. The whole=刑殺不可以就汝封之意. This is plainly the meaning; but the usage of 次 is peculiar. Ts＇ae saysthat it is the 次 of 次舍, ＇a mansion＇, ＇a dwelling＇.

乃汝, 云云,—遜=順 meaning ＇accordant with right＇.時敘=是有次敘, having reference to the 有敘 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.

[Këang Shing, following a quotation by Seun K＇ing, in his 致仕篇, of a portion of this paragraph, reduces the whole to—王曰汝陳時臬事, 罰蔽殷彝, 誼刑誼殺,勿庸以即女, 惟曰未有順事. But only prejudice 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 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.

15. ＇All people who of themselves commit crimes,robbing, stealing, practising villainy and treason, and who kill men or violently assault them to take their property, being violent and fearless of death:—those are abhorred by all.＇ "

16. "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 toil of their parents in bringing them up, and is very unbrotherly to his junior.

P.15—17. Cases in which severe punishment may be inflicted without hesitation. 15. Robbers, murderers,&c. 自得罪,—＇of themselves,＇ i.e., without being tempted or involved by others, ＇offending＇. 寇攘姦宄,—comp. the Canon of Shun, p. 26; et al.

殺越人於貨—from this the par. is quoted by Mencius, V. Pt. II., iv. 4, which see. Ts＇ae illustrates the meaning of 越 here by a reference to 顛越不恭,in the ＇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＇.

暋=強. 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 unbrotherly. 元惡꺶憝,—this takes up the case of the parties in the last par. The next clause must be completed as in the translation. Ts＇ae gives for it:—況不孝不友之人, 而꾨為可惡者. 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 the son＇s, and of the younger brother＇s as well as his senior＇s, we must understand by 不孝 all offences between father and son, and by 不友 all between elder brother and younger.

厥考心,—考 is evidently used of the father when alive. 於父至厥子,—this must be, I think, a fresh case, and is not to be connected with the preceding,as if the 於 were equivalent to 以致, ＇so that＇, which is the paraphrase of the ＇Daily Explanation＇. We cannot connect 於弟, which immediately follows, with any clause which precedes.

於父 and 於弟= ＇in the case of the father—the younger brother—who,＇ &c. 字=愛, ＇to love＇; 疾=惡, ＇to hate＇. 꽭顯 is ＇the manifest will of Heaven;＇ requiring that the younger should serve the elder. 不念鞠子哀,—Gan-kwŏ 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 he should cherish for his younger brother＇. Lin Che-k＇e, foll. by Ts＇ae, took 鞠=養, and interpreted as in the translation.

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 Wăn, punishing them severely and not pardoning.

17. ＇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,

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:—夫廢棄人倫, 滅絕꽭理, 至於如此, 較之寇攘姦宄, 其惡꾨甚, 使我為政之人, 視為固然, 不加之以罪, 則人心無從勸懲,風俗何由丕變, 將꽭所與我民之常性, 不꺶泯滅而紊亂乎. Lin Che-k＇e takes quite a difft. view of the scope of the passage. 弔 is read by him teaou, ＇to pity＇, andnot teih,= ＇to come to.＇ His interpretation is:—＇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 not satisfactorily, in support of his view. We feel that he ought to be right. Robbers and murderers must be summarily dealt with for the preservation of society; but unkind fathers and undutiful children, and divided brothers, cannot be taken cognizance of in the same way 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 interposing anything about pitying and teaching them in the first place. 曰乃, 云云,—Woo Ch＇ing brings out the force of the 曰 very well:—然則如之何哉, 汝其曰速由, 云云, ＇What thenis to be done? You must say, "I will quickly punish them."＇ What the law of king Wăn 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, 꺶司徒.

P.17. The case of unworthy and factious officers.不率꺶戛,—this corresponds to the first clause of the last par., and must be construed accordingly. 不率 is descriptive of the 不孝, 不友, and 꺶戛 of the punishment which such received. The difficulty is with the interpretation of 戛. The 爾雅 defines it by 禮,＇propriety＇, which is taken to=常法, ＇a constant law＇.Gan-kwŏ, adopting this account of the term, makes 不率꺶戛 all descriptive of the unfilial and 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.

the heads 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 thesovereign 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, according to what is recognized as right, put them to death.

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

Ts＇ae makes the word=法, ＇laws＇, and with verbal force,—寘之法, ＇to subject to the laws＇. I have followed this view. Woo Ch＇ing gets substantially to the same conclusion by taking it as=擊, ＇to smite＇, after the analogy of the ＇Yih and Tseih＇, p. 9. 늌諸子訓人=늌諸子以訓人為職. Medhurst translates the clause by—＇the outside princes, whose business it is to instruct the people＇. Gaubil has—＇Ceux qui, par etat, doivent enseigner les autres;＇—more correctly than Medhurst, but he takes no account of the 늌. 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, 掌其戒令, 與其教治, 辨其等, 正其位, which Biot translates—＇L＇ attaché aux fils de dignitaires estchargé de conduire les suppléants des fils de I＇ Etat. Il s＇occupe de leur reglement 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 늌諸子. 厥正人=庶官之長. 越께臣諸節—in the 3lst Bk. of the Chow Le, referred to above, we have an account of the office of the 께臣 or ＇Minor ministers＇ (petits serviteurs;—Biot). parr. 58—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. 乃別至厥君=乃別為條教而頒布之, 取悅時俗, 要求眾譽, 將君上委任之意, 全不體念, 並國家官守之法, 咸廢格不뇾, 徒知違道干譽, 以病其君. 時 (=是) 乃引惡,—＇these are leaders of wickedness＇, i.e., they set an example of wickednessand led others on to it as well. 由茲義,—＇according to this righteousness＇, i.e., what is recognized and has been enacted as right to be done in such cases. Gan-kwŏ takes a difft. View of the par. from 乃別播敷, considering it as addressed to Fung himself. Such a construction is most unnatural, 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 ere entertained of him. Such is the view of these parr. taken by Ts＇ae and Woo Ch＇ing. Këang Shing supposes that par. 18 speaks of the princes of the various States to which Fung stood in the relation of president (孟侯). The view is ingenious, but it necessitates more wresting and supplementing of the text than the other.

and heads of departments, but use only terror and violence, you greatly set aside the royal charge, and try to regulate your State contrary to virtue.

19. Do you also in every thing reverence the constant statutes, and so proceed to the happy rule of the people. There are the reverence of king Wăn and his caution;—in proceeding by them to the happy rule of the people, say, "If I can only attain to them." So will you make me the one man to rejoice.＇ "

20. "The king says, ＇Fung, when I think clearly of the people, I see they are to be led to happiness and tranquillity. I think of the virtue of the former wise kings of Yin, whereby they tranquillized and regulated the people, and rouse myself to realize it.

18. The two preceding parr. had stimulated Fung to be bold in punishing the unfilial and unbrotherly, and refractory officers; but there was a more

excellent way,—the way of example. If he could bring all the family virtues into action in his own household, they would flourish also throughout the State. He might so deal with his petty officer, the instructors and heads of departments also, that they would be glad to perform their duties, instead of having to be punished for the neglect of them. If he could not thus accomplish much by example and influence, his administration would be bad.

께臣늌正=the 늌諸子, 正人, and 께臣諸節 of the last par. Choo He took the 惟威惟虐 to be descriptive of the 께臣늌正, and supposed the design of the whole to be to warn against being lenient in his government;—see the 集說. I am surprised to find him, advocating such an exegesis. 19. 乃由裕民=由是求裕民之道,＇by this method seek the proper way of enriching the people,＇ i.e., of making them good and happy.＇The reverence of king Wăn and his caution＇ indicate at once his attention to the duties of govt., and the caution of his measures,—particularly those of a penal character. 我惟有及=我惟求能及文王之裕民, 斯已矣.

Ch. IV. Pp. 20—22. HOW THE VIRTUE OF THE SOVEREIGN IS THE MOST IMPORTANT THING IN THE GOVERNMENT OF THE PEOPLE,AND RULERS SHOULD SEEK BY VIRTUE TO SUPERSEDE THE NECESSITY OF USING PUNISHMENTS. 20. By the example of the good kings of Yin, and his own wish to copy them, the king seeks to make Fung zealous to govern by virtue. 爽惟民, 迪吉康,—Gan-kwŏ put a comma at 迪, which character he took in the sense of 道, explaining thewhole by 明惟治民之道, 而善安之. Ying-tă expands this into—＇O Fung, a ruler ought clearly to think of the proper way to govern the people, and thereby secure for them a happy tranquillity.＇ It is much better to put the comma at 民, and take 迪 in the sense of 導, ＇to lead＇, ＇to conduct＇, i.e., by means of virtuous influence. We thus bring out the meaning in the translation, 爽being=明, and 惟=思. Woo Ch＇ing says, clearly and concisely:—明知斯民, 導迪之, 則吉康. 我時至作求,—時=是, here equivalent to 是以, ＇therefore＇.

Moreover, the people now are sure to follow a leader.If one do not lead them, he cannot be said to exercise a government in their State.＇ "

21. "The king says, ＇Fung, I cannot dispense with the inspection of the ancients, and I make this declaration to you about virtue in the use of punishments. Now the people are not quiet; they have not stilled their minds;notwithstanding my frequent leading of them, they have not come to accord with my government. I reflect on Heaven＇s severe punishments, but I do not murmur.The crimes of the people whether they are great or many, are all chargeable on me, and how much more shall this be said, when the report of them goes up so manifestly to Heaven!＇ "

惟=思. The two characters 作求 have been much disputed. The older scholars and Ts＇ae took 求=等, ＇a mate＇, ＇a match＇, so that 作求=為等於商先王, ＇to be a mate of, equal to, the former kings of Shang＇. It seems to me more natural and simple to take the terms as in the translation,—as Lin Che-k＇e and Woo Ch＇ing do.今民罔迪不適,—adhering to the meaning of 迪 as=導,these words are susceptible of two meanings. They may be translated—＇The people are sure to follow as they are led＇ (民無導之不從者), which is the view of Ts＇ae; or—＇If the people have none to lead them, they will not go on to the desired condition.＇ (民無以迪之,則不能自適於吉康之地), which is the view of Woo Ch＇ing. The former interpretation is that which the whole of the paragraph requires. The sentiment is too broadly stated, and the issue did not justify it in the case of the people of Yin; but it is not the correctness of the sentiments that a translator has to do with.

不迪則罔政놇厥邦,—this expresses very strongly the feeling of the duke of Chow, that a govt. maintained by force did not deserve to be called a government.

P.21. By the file of his own repeated efforts to secure the good govt. of the people of Yin, the king still further stimulates Fung to strive to realize the sway of virtue. The mention of the repeated efforts to bring the people of Yin to a state of good order is not appropriate in the mouth of king Woo, supposed to give this charge to the prince of K＇ang immediately after the conquest of the dynasty. 予惟不可不監,—we may take the 惟either as=思, ＇to think＇, or as a particle,= ＇indeed＇. 告汝德之說於罰之行=告汝以德行罰之說, ＇I declare to you this saying, that virtue is to preside over the useof punishments.＇ 未戾厥心,—戾=止, ＇to stop＇. The people＇s minds did not acquiesce in the existing state of things, and hence their turbulent movements. 迪屢未同=雖屢經開導, 究未能同歸於治. 惟厥罪至놇多,—I cannot find any better way of explaining this than thatgiven in the translation.

22. "The king says, ＇Oh! Fung, be reverent. Do not what will create murmurings; do not use bad counsels,and uncommon ways. Decidedly and with sincerity,give yourself to imitate the active virtue of theancients. Hereby give repose to your mind, examine your virtue, send far forward your plans, and thus by your generous forbearance you will conduct the people to repose in what is good:—so shall I not have to blame you or cast you off.＇ "

23. "The king says, ＇Oh! You, Fung, the little one,Heaven＇s appointments are not constant.

The ＇Daily Explanation＇ has:—萬뀘有罪, 놇予一人, 惟厥께民, 無知而陷於罪, 不놇於꺶, 亦不놇於多, 即至微至纖, 皆上人失教之所致也. 其尚顯聞於꽭,—尚=上. The cry of the crimes of the people of Yin ascended, and wasclearly heard in heaven;—it was not merely with a few and slight offences that the king had to charge himself. 22. Various advices to Fung, winding up the chapter.無作怨=汝慎毋作可怨之事, ＇Do not do things that will create murmurings.＇ This is a dissuasive from the use of punishments. They will be followed by the resentment of the people; govt. carried on by them is not on a good plan; punishments may be occasionally resorted to, but they are not the regular method of procedure.

蔽時忱,—蔽=斷; 時=是; 忱—誠. The clause has an adverbial force and is carried on to the clauses that follow;= ＇with the determination of sincerity＇.

丕則, 則is a verb,—＇to imitate＇. 顧= ＇to have the eyes constantly on＇, ＇to regard and examine＇. 裕乃以民寧,—this will be the result of obedience to the advice just set forth,=由是寬裕不迫, 使民日漸月摩, 相安於善而不自知, 此德化之至耳.

Ch. V. Pp. 23, 24. A CONSIDERATION OF THE UNCERTAINTY OF THE APPOINTMENTS OF HEAVEN SHOULD DEEPEN THE IMPRESSION OF THE WHOLE CHARGE. 23. —＇肆,Tsae confesses that he does not know the meaning of 肆here. There does not seem much difficulty in it. We may take it as= ＇therefore＇, or ＇now＇. 命不於常,—命is of course 꽭命. For the sentiment, compare ＇The Instructions of E,＇ p. 8; et al. See also the expansion of it in ＇The Great Learning＇, Comm. X. 11. 命不於常,—＇the appointments of Heaven are not in—i.e., are not characterized by—constancy＇. 無我殄享=毋或不念,使自我而殄絕所享之國也.

Do you think of this, and do not make me deprive you of your dignity. Reflect clearly on the charges you have received. Think highly of what you have heard,and tranquillize and regulate the people accordingly.＇ "

24. "The king thus says, ＇Go, Fung. Do not disregard the statutes you should reverence; hearken to what I have told you:—so with the people of Yin you will enjoy your dignity, and hand it down to your posterity.＇ "

Këang Shing makes the meaning to be—＇Do not make me deprive you of the privilege of sacrificing to the spirits within your jurisdiction.＇ The issue is the same; but this meaning of享is far-fetched. 明乃服命,—comp.慎乃服命 in the last Bk., p. 4. 服命 may be taken here as there, 服 being 七章之服, and 命 the 七命 of a prince of Fung＇s rank. So, Këang Shing; but it seems to me better to take the clause as in the translation,=命汝所受於我之誥命. 高乃聽,—we must take 高 in the sense of＇to think highly of＇. Ts＇ae says:—高其聽, 不可卑忽我言.24. Ts＇ae observe that the 世享 here responds to the 殄享 of the last par. It does so, and shows that 享 is to be taken of the enjoyment of the princely dignity. Gan-kwŏ gives for the clauses:—即汝乃以殷民世世享國, 福傳後世.