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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Where a case appeared as doubtful, it was lightly dealt with ; where it might be pardoned, it was (still) gravely considered. 12. In all determining on the application of any of the five punishments?, it was required to decide 1 See the KAu Li, XXXVII, 45, 46. * Branding; cutting off the nose; cutting off the feet; castration; death. See vol. iii, p. 40. 236 THE Lt xf. BK. III, according to the judgment of Heaven. Inadvertent and redeemable offences were determined by (the circumstances of) each particular case’. 13. When hearing a case requiring the application of any of the five punishments, (the judge) was required to have respect to the affection between father and son’, or the righteousness between ruler and minister® (which might have been in the mind of the defendant), to balance his own judgment. He must consider the gravity or lightness (of the offence), and carefully try to fathom the capacity (of the offender) as shallow or deep, to determine the exact character (of his guilt). He must exert his intelligence to the utmost, and give the fullest play to his generous and loving feeling, to arrive at his final judgment. If the criminal charge appeared to him doubtful, he was to take the multitude into consultation with him; and if they also doubted, he was to pardon the defendant. At the same time he was to examine analogous cases, great and small, and then give his decision. 14. The evidence in a criminal case having thus been all taken and judgment given, the clerk reported it all to the director (of the district), who heard it and reported it to the Grand minister of Crime. He also heard it in the outer court‘, and then reported it to the king, who ordered the three ducal ministers, 1 Vol. iii, pp. 260-263. The compilers in this part evidently had some parts of the Shfi before them. ? Which might make either party conceal the guilt of the other. * Which might in a similar way affect the evidence. ‘The text says, ‘Under the Zizyphus trees.’ These were planted in the outer court of audience, and under them the different ministers of the court had their places. SECT. Iv. THE ROYAL REGULATIONS. 237 with the minister and director, again to hear it. When they had (once more) reported it to the king, he considered it with the three mitigating conditions’, and then only determined the punishment. 15. In all inflictions of punishments and fines, even light offenders (that were not doubtful) were not forgiven. Punishment may be compared to the body. The body is a complete thing ; when once completed, there cannot be any subsequent change in it. Hence the wise man will do his utmost (in deciding on all these inflictions).
2Punishment may be compared to the body. The body is a complete thing ; when once completed, there cannot be any subsequent change in it. Hence the wise man will do his utmost (in deciding on all these inflictions). 16. Splitting words so as to break (the force of) the laws; confounding names so as to change what had been definitely settled; practising corrupt ways so as to throw government into confusion: all guilty of these things were put to death. Using licentious music; strange garments; wonderful contrivances and extraordinary implements, thus raising doubts among the multitudes: all who used or formed such things were put to death. Those who were persistent in hypocritical conduct and disputatious in hypocritical speeches ; who studied what was wrong, and went on to do so more and more, and whoever increasingly followed what was wrong so as to bewilder the multitudes: these were put to death. Those 1 Callery gives for this, ‘qui pardonne trois fois.’ The conditions were—ignorance, mistake, forgetfulness. * There is here a play upon the homophonous names of different Chinese characters, often employed, as will be pointed out, in the Lt Ai, and in which the scholars of Han set an example to future times. Callery frames a French example of the reasoning that results from it: ‘Un saint est un ceint; or, la ceinture signifiant au figuré la continence, il s’ensuit.que la vertu de continence est essentielle 4 la sainteté!’ 238 THE Lf xt. BK. III. who gave false reports about (appearances of) spirits, about seasons and days, about consultings of the tortoise-shell and stalks, so as to perplex the multitudes: these were put todeath. These four classes were taken off, and no defence listened to. 17. All who had charge of the prohibitions for the regulation of the multitudes! did not forgive transgressions of them. Those who had rank-tokens, the long or the round, and gilt libation-cups were not allowed to sell them in the market-places; nor were any allowed to sell robes or chariots, the gift of the king; or vessels of an ancestral temple; or victims for sacrifice; or instruments of war; or vessels which were not according to the prescribed measurements; or chariots of war which were not according to the same; or cloth or silk, fine or coarse, not according to the prescribed quality, or broader or narrower than the proper rule; or of the illegitimate colours, confusing those that were correct®; or eloth, embroidered or figured; or vessels made with pearls or jade; or clothes, or food, or drink, (in any way extravagant); or grain which was not in season, or fruit which was unripe; or wood which was not’ fit for the axe; or birds, beasts, fishes, or reptiles, which were not fit to be killed. At the frontier gates, those in charge of the prohibitions, examined travellers, forbidding such as wore strange clothes, and taking note of such as spoke a strange language. 18. The Grand recorder had the superintendence of
3At the frontier gates, those in charge of the prohibitions, examined travellers, forbidding such as wore strange clothes, and taking note of such as spoke a strange language. 18. The Grand recorder had the superintendence of 1 These would be, especially, the superintendents of the markets. 2 The five correct colours were—black, carnation, azure, white, and yellow. SECT. IV. THE ROYAL REGULATIONS. 239 ceremonies. He was in charge of the tablets of record, and brought before the king what (names) were to be avoided’, and what days were unfavourable (for the doing of particular affairs)". The son of Heaven received his admonitions with reverence’. 19. (The office of) the accountants ® prepared the complete accounts of the year to be submitted to the son of Heaven which were reverently received by the chief minister. The Grand director of Music, the Grand minister of Crime, and the (chief) superintendent of the markets, these three officers, followed with the completed accounts of their departments to be submitted to the son of Heaven. The Grand minister of Instruction, the Grand minister of War, and the Grand minister of Works, reverently received the completed accounts of their several departments from their various subordinates, and examined them, then presenting them to the son of Heaven. Those subordinates then reverently received them after being so examined and adjudicated on. This being done, the aged were feasted and the royal sympathy shown to the husbandmen. The business of the year was concluded, and the expenditure of the states was determined. 1 See pages 93, 180, et al. * Some of the functions here belonged to the assistant recorder, according to the au Li, but the two were of the same department. 8 This office was under the board of the chief minister, and consisted of sixty-two men of different grades under the Kau dynasty (the KAu Lt, I, 38; their duties are described in Book VI). It is, not easy to understand all the text of the rest of the paragraph, about the final settlement of the accounts of the year. 240 THE Lf xi. BK. IIt. SecTion V. 1. In nourishing the aged, (Shun), the lord of Yii, used the ceremonies of the drinking entertainment ; the sovereigns of Hsi4, those at entertainments (after) a reverent sacrifice or offering’; the men of Yin, those of a (substantial) feast; and the men of Kéu cultivated and used all the three. 2. Those of fifty years received their nourishment in the (schools of the) districts; those of sixty, theirs in the (smaller school of the) state; and those of seventy, theirs in the college. This rule extended to the feudal states. An old man of eighty made his acknowledgment for the ruler’s message, by kneeling once and bringing his head twice to the ground. The blind did the same. An old man of ninety employed another to receive (the message and gift for him).
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.
1Where a case appeared as doubtful, it was lightly dealt with ; where it might be pardoned, it was (still) gravely considered. 12. In all determining on the application of any of the five punishments?, it was required to decide 1 See the KAu Li, XXXVII, 45, 46. * Branding; cutting off the nose; cutting off the feet; castration; death. See vol. iii, p. 40. 236 THE Lt xf. BK. III, according to the judgment of Heaven. Inadvertent and redeemable offences were determined by (the circumstances of) each particular case’. 13. When hearing a case requiring the application of any of the five punishments, (the judge) was required to have respect to the affection between father and son’, or the righteousness between ruler and minister® (which might have been in the mind of the defendant), to balance his own judgment. He must consider the gravity or lightness (of the offence), and carefully try to fathom the capacity (of the offender) as shallow or deep, to determine the exact character (of his guilt). He must exert his intelligence to the utmost, and give the fullest play to his generous and loving feeling, to arrive at his final judgment. If the criminal charge appeared to him doubtful, he was to take the multitude into consultation with him; and if they also doubted, he was to pardon the defendant. At the same time he was to examine analogous cases, great and small, and then give his decision. 14. The evidence in a criminal case having thus been all taken and judgment given, the clerk reported it all to the director (of the district), who heard it and reported it to the Grand minister of Crime. He also heard it in the outer court‘, and then reported it to the king, who ordered the three ducal ministers, 1 Vol. iii, pp. 260-263. The compilers in this part evidently had some parts of the Shfi before them. ? Which might make either party conceal the guilt of the other. * Which might in a similar way affect the evidence. ‘The text says, ‘Under the Zizyphus trees.’ These were planted in the outer court of audience, and under them the different ministers of the court had their places. SECT. Iv. THE ROYAL REGULATIONS. 237 with the minister and director, again to hear it. When they had (once more) reported it to the king, he considered it with the three mitigating conditions’, and then only determined the punishment. 15. In all inflictions of punishments and fines, even light offenders (that were not doubtful) were not forgiven. Punishment may be compared to the body. The body is a complete thing ; when once completed, there cannot be any subsequent change in it. Hence the wise man will do his utmost (in deciding on all these inflictions).
2Punishment may be compared to the body. The body is a complete thing ; when once completed, there cannot be any subsequent change in it. Hence the wise man will do his utmost (in deciding on all these inflictions). 16. Splitting words so as to break (the force of) the laws; confounding names so as to change what had been definitely settled; practising corrupt ways so as to throw government into confusion: all guilty of these things were put to death. Using licentious music; strange garments; wonderful contrivances and extraordinary implements, thus raising doubts among the multitudes: all who used or formed such things were put to death. Those who were persistent in hypocritical conduct and disputatious in hypocritical speeches ; who studied what was wrong, and went on to do so more and more, and whoever increasingly followed what was wrong so as to bewilder the multitudes: these were put to death. Those 1 Callery gives for this, ‘qui pardonne trois fois.’ The conditions were—ignorance, mistake, forgetfulness. * There is here a play upon the homophonous names of different Chinese characters, often employed, as will be pointed out, in the Lt Ai, and in which the scholars of Han set an example to future times. Callery frames a French example of the reasoning that results from it: ‘Un saint est un ceint; or, la ceinture signifiant au figuré la continence, il s’ensuit.que la vertu de continence est essentielle 4 la sainteté!’ 238 THE Lf xt. BK. III. who gave false reports about (appearances of) spirits, about seasons and days, about consultings of the tortoise-shell and stalks, so as to perplex the multitudes: these were put todeath. These four classes were taken off, and no defence listened to. 17. All who had charge of the prohibitions for the regulation of the multitudes! did not forgive transgressions of them. Those who had rank-tokens, the long or the round, and gilt libation-cups were not allowed to sell them in the market-places; nor were any allowed to sell robes or chariots, the gift of the king; or vessels of an ancestral temple; or victims for sacrifice; or instruments of war; or vessels which were not according to the prescribed measurements; or chariots of war which were not according to the same; or cloth or silk, fine or coarse, not according to the prescribed quality, or broader or narrower than the proper rule; or of the illegitimate colours, confusing those that were correct®; or eloth, embroidered or figured; or vessels made with pearls or jade; or clothes, or food, or drink, (in any way extravagant); or grain which was not in season, or fruit which was unripe; or wood which was not’ fit for the axe; or birds, beasts, fishes, or reptiles, which were not fit to be killed. At the frontier gates, those in charge of the prohibitions, examined travellers, forbidding such as wore strange clothes, and taking note of such as spoke a strange language. 18. The Grand recorder had the superintendence of
3At the frontier gates, those in charge of the prohibitions, examined travellers, forbidding such as wore strange clothes, and taking note of such as spoke a strange language. 18. The Grand recorder had the superintendence of 1 These would be, especially, the superintendents of the markets. 2 The five correct colours were—black, carnation, azure, white, and yellow. SECT. IV. THE ROYAL REGULATIONS. 239 ceremonies. He was in charge of the tablets of record, and brought before the king what (names) were to be avoided’, and what days were unfavourable (for the doing of particular affairs)". The son of Heaven received his admonitions with reverence’. 19. (The office of) the accountants ® prepared the complete accounts of the year to be submitted to the son of Heaven which were reverently received by the chief minister. The Grand director of Music, the Grand minister of Crime, and the (chief) superintendent of the markets, these three officers, followed with the completed accounts of their departments to be submitted to the son of Heaven. The Grand minister of Instruction, the Grand minister of War, and the Grand minister of Works, reverently received the completed accounts of their several departments from their various subordinates, and examined them, then presenting them to the son of Heaven. Those subordinates then reverently received them after being so examined and adjudicated on. This being done, the aged were feasted and the royal sympathy shown to the husbandmen. The business of the year was concluded, and the expenditure of the states was determined. 1 See pages 93, 180, et al. * Some of the functions here belonged to the assistant recorder, according to the au Li, but the two were of the same department. 8 This office was under the board of the chief minister, and consisted of sixty-two men of different grades under the Kau dynasty (the KAu Lt, I, 38; their duties are described in Book VI). It is, not easy to understand all the text of the rest of the paragraph, about the final settlement of the accounts of the year. 240 THE Lf xi. BK. IIt. SecTion V. 1. In nourishing the aged, (Shun), the lord of Yii, used the ceremonies of the drinking entertainment ; the sovereigns of Hsi4, those at entertainments (after) a reverent sacrifice or offering’; the men of Yin, those of a (substantial) feast; and the men of Kéu cultivated and used all the three. 2. Those of fifty years received their nourishment in the (schools of the) districts; those of sixty, theirs in the (smaller school of the) state; and those of seventy, theirs in the college. This rule extended to the feudal states. An old man of eighty made his acknowledgment for the ruler’s message, by kneeling once and bringing his head twice to the ground. The blind did the same. An old man of ninety employed another to receive (the message and gift for him).
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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