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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1They had no occasion to make choice of words to vindicate 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).’ * 3. The king said, ‘Ah! you who direct the government and preside over criminal cases through all the land, are you not constituted the shepherds of Heaven?* ‘To whom ought you now to look as your pattern? Is it not to Pot, spreading among the people his lessons to avert punishments ? And from whom ought you now to take warning ? Is it not from the people of Miao, who would not: examine into the circumstances of criminal cases, and did not make choice of good officers that should see to the right apportioning of the five punishments, but chose the violent and bribe-snatchers, who determined and administered them, so as to oppress the innocent, until God would no longer hold them guiltless, and sent down calamity on $2 260 THE sud KING. PART V. Miao, when the people had no plea to allege in mitigation of their punishment, and their name was cut off from the world ?’ * 4. The king said, ‘Oh! lay it to heart. My uncles, and all ye, my brethren and cousins, my sons and my grandsons}, listen all of you to my words, in which, it may be, you will receive a most important charge. You will only tread the path of satisfaction 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 punishments.* Whether crimes have been premeditated, or are unpremeditated, depends on the parties concerned ;—do you (deal with them so as to) accord with the mind of Heaven, and thus 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 fully to exhibit the three virtues *%. Then shall I, the One man, enjoy felicity; the people will look to you as their sure dependance ; the repose of such a state will be perpetual.’ 5. The king said, ‘Ho! come, ye rulers of states _and territories, I will tell you how to make punishments a blessing. It is yours now to give repose to the people ;—what should you be most concerned 1 Meaning all the princes of the same surname as himself. As he was a hundred years old, there might well be among them those who were really his sons and grandsons. 8 ‘The three virtues’ are those of the Great Plan; those of ‘correctness and straightforwardness,’ of ‘ strong government,’ and of ‘mild government.’ ® Meaning all the princes;—of the king’s own and other surnames. -— ~~ — a - BOOK XXVII, MARQUIS OF LU ON PUNISHMENTS. 261
28 ‘The three virtues’ are those of the Great Plan; those of ‘correctness and straightforwardness,’ of ‘ strong government,’ and of ‘mild government.’ ® Meaning all the princes;—of the king’s own and other surnames. -— ~~ — a - BOOK XXVII, MARQUIS OF LU ON PUNISHMENTS. 261 about the choosing of ? Should it not be the proper men? What should you deal with the most reverently? Should it not be punishments? What should you calculate the most carefully ? Should it not be to whom these will reach ? ‘When both parties are present, (with their documents and witnesses) all complete, let the judges listen to the fivefold statements that may be made’. When they have examined and fully made up their minds on those, let them adjust the case to one of the five punishments. If the five punishments do not meet it, let them adjust it to one of the five redemption-fines ; and if these, again, are not suffcient for it, let them reckon it among the five cases of error’. ‘In (settling) the five cases of error there are evils (to be guarded against) ;—being warped by the influence of power, or by private grudge, or by female solicitation, or by bribes, or by applications. Any one of these things should be held equal to the crime (before the judges). Do you carefully examine, and prove yourselves equal to (every difficulty). ‘When there are doubts as to the infliction of any of the five punishments, that infliction should be forborne. When there are doubts as to the 1 That is, the statements, with the evidence on both sides, whether incriminating or exculpating. They are called fivefold, as the case might have to be dealt with by one or other of ‘ the five punishments.’ * That is, the offences of inadvertence. What should ensue on the adjudication of any case to be so ranked does not appear. It would be very leniently dealt with, and perhaps pardoned. In ‘the Counsels of Yi,’ K4o-y4o says to Shun, ‘ You pardon inadvertent offences however great.’ 262 THE SHU KING. PART Y. infliction of any of the five fines, it should be forborne. Do you carefully examine, and prove yourselves equal to overcome (every difficulty). When you have examined and many things are clear, yet form a judgment from studying the appearance of the parties. If you find nothing out on examination, do not listen (to the case any more). In everything stand in awe of the dread majesty of Heaven.*
3When you have examined and many things are clear, yet form a judgment from studying the appearance of the parties. If you find nothing out on examination, do not listen (to the case any more). In everything stand in awe of the dread majesty of Heaven.* ‘When, in a doubtful case, the punishment of branding is forborne, the fine to be laid on instead is 600 ounces (of copper); but you must first have satisfied yourselves as to the crime. When the case would require the cutting off the nose, the fine must be double this ;—with the same careful determination of the crime. When the punishment would be the cutting off the feet, the fine must be 3000 ounces ;—with the same careful determination of the crime. When the punishment would be castration}, the fine must be 3600 ounces ;—with the same determination. When the punishment would be death, the fine must be 6000 ounces ;—with the same determination. Of crimes that may be redeemed by the fine in lieu of branding there are 1000; and the same number of those that would otherwise incur cutting off the nose. The fine in lieu of cutting off the feet extends to 500 cases; that in lieu of castration, to 300; and that in lieu of death, to 200. Altogether, set against the five punishments, there are 3000 crimes. (In the case of others not exactly defined), you must class them with the (next) higher or (next) lower offences, not 1 Or solitary confinement in the case of a female. BOOK XXVII. MARQUIS OF LU ON PUNISHMENTS. 263 admitting assumptive and disorderly pleadings, and not using obsolete laws. Examine and act lawfully, judging carefully, and proving yourselves equal (to every difficulty). ‘Where the crime should incur one of the higher punishments, but there are mitigating circumstances, apply to it the next lower. Where it should incur one of the lower punishments, but there are aggravating circumstances, apply to it the next higher. The light and heavy fines are to be apportioned (in the same way) by the balance of circumstances. Punishments and fines should (also) be light in one age, and heavy in another. To secure uniformity in this (seeming) irregularity, there are certain relations of things (to be considered), and the essential principle (to be observed).
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1They had no occasion to make choice of words to vindicate 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).’ * 3. The king said, ‘Ah! you who direct the government and preside over criminal cases through all the land, are you not constituted the shepherds of Heaven?* ‘To whom ought you now to look as your pattern? Is it not to Pot, spreading among the people his lessons to avert punishments ? And from whom ought you now to take warning ? Is it not from the people of Miao, who would not: examine into the circumstances of criminal cases, and did not make choice of good officers that should see to the right apportioning of the five punishments, but chose the violent and bribe-snatchers, who determined and administered them, so as to oppress the innocent, until God would no longer hold them guiltless, and sent down calamity on $2 260 THE sud KING. PART V. Miao, when the people had no plea to allege in mitigation of their punishment, and their name was cut off from the world ?’ * 4. The king said, ‘Oh! lay it to heart. My uncles, and all ye, my brethren and cousins, my sons and my grandsons}, listen all of you to my words, in which, it may be, you will receive a most important charge. You will only tread the path of satisfaction 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 punishments.* Whether crimes have been premeditated, or are unpremeditated, depends on the parties concerned ;—do you (deal with them so as to) accord with the mind of Heaven, and thus 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 fully to exhibit the three virtues *%. Then shall I, the One man, enjoy felicity; the people will look to you as their sure dependance ; the repose of such a state will be perpetual.’ 5. The king said, ‘Ho! come, ye rulers of states _and territories, I will tell you how to make punishments a blessing. It is yours now to give repose to the people ;—what should you be most concerned 1 Meaning all the princes of the same surname as himself. As he was a hundred years old, there might well be among them those who were really his sons and grandsons. 8 ‘The three virtues’ are those of the Great Plan; those of ‘correctness and straightforwardness,’ of ‘ strong government,’ and of ‘mild government.’ ® Meaning all the princes;—of the king’s own and other surnames. -— ~~ — a - BOOK XXVII, MARQUIS OF LU ON PUNISHMENTS. 261
28 ‘The three virtues’ are those of the Great Plan; those of ‘correctness and straightforwardness,’ of ‘ strong government,’ and of ‘mild government.’ ® Meaning all the princes;—of the king’s own and other surnames. -— ~~ — a - BOOK XXVII, MARQUIS OF LU ON PUNISHMENTS. 261 about the choosing of ? Should it not be the proper men? What should you deal with the most reverently? Should it not be punishments? What should you calculate the most carefully ? Should it not be to whom these will reach ? ‘When both parties are present, (with their documents and witnesses) all complete, let the judges listen to the fivefold statements that may be made’. When they have examined and fully made up their minds on those, let them adjust the case to one of the five punishments. If the five punishments do not meet it, let them adjust it to one of the five redemption-fines ; and if these, again, are not suffcient for it, let them reckon it among the five cases of error’. ‘In (settling) the five cases of error there are evils (to be guarded against) ;—being warped by the influence of power, or by private grudge, or by female solicitation, or by bribes, or by applications. Any one of these things should be held equal to the crime (before the judges). Do you carefully examine, and prove yourselves equal to (every difficulty). ‘When there are doubts as to the infliction of any of the five punishments, that infliction should be forborne. When there are doubts as to the 1 That is, the statements, with the evidence on both sides, whether incriminating or exculpating. They are called fivefold, as the case might have to be dealt with by one or other of ‘ the five punishments.’ * That is, the offences of inadvertence. What should ensue on the adjudication of any case to be so ranked does not appear. It would be very leniently dealt with, and perhaps pardoned. In ‘the Counsels of Yi,’ K4o-y4o says to Shun, ‘ You pardon inadvertent offences however great.’ 262 THE SHU KING. PART Y. infliction of any of the five fines, it should be forborne. Do you carefully examine, and prove yourselves equal to overcome (every difficulty). When you have examined and many things are clear, yet form a judgment from studying the appearance of the parties. If you find nothing out on examination, do not listen (to the case any more). In everything stand in awe of the dread majesty of Heaven.*
3When you have examined and many things are clear, yet form a judgment from studying the appearance of the parties. If you find nothing out on examination, do not listen (to the case any more). In everything stand in awe of the dread majesty of Heaven.* ‘When, in a doubtful case, the punishment of branding is forborne, the fine to be laid on instead is 600 ounces (of copper); but you must first have satisfied yourselves as to the crime. When the case would require the cutting off the nose, the fine must be double this ;—with the same careful determination of the crime. When the punishment would be the cutting off the feet, the fine must be 3000 ounces ;—with the same careful determination of the crime. When the punishment would be castration}, the fine must be 3600 ounces ;—with the same determination. When the punishment would be death, the fine must be 6000 ounces ;—with the same determination. Of crimes that may be redeemed by the fine in lieu of branding there are 1000; and the same number of those that would otherwise incur cutting off the nose. The fine in lieu of cutting off the feet extends to 500 cases; that in lieu of castration, to 300; and that in lieu of death, to 200. Altogether, set against the five punishments, there are 3000 crimes. (In the case of others not exactly defined), you must class them with the (next) higher or (next) lower offences, not 1 Or solitary confinement in the case of a female. BOOK XXVII. MARQUIS OF LU ON PUNISHMENTS. 263 admitting assumptive and disorderly pleadings, and not using obsolete laws. Examine and act lawfully, judging carefully, and proving yourselves equal (to every difficulty). ‘Where the crime should incur one of the higher punishments, but there are mitigating circumstances, apply to it the next lower. Where it should incur one of the lower punishments, but there are aggravating circumstances, apply to it the next higher. The light and heavy fines are to be apportioned (in the same way) by the balance of circumstances. Punishments and fines should (also) be light in one age, and heavy in another. To secure uniformity in this (seeming) irregularity, there are certain relations of things (to be considered), and the essential principle (to be observed).
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
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