The Khien-lung editors say that the
compilers
of this Book had not seen the Kâu Lî nor the Shû.
Confucius - Book of Rites
A tithe of three years, expenditure was allowed for the rites of mourning.
When there was not sufficient for the rites of sacrifice and mourning, it was owing to lavish waste; when there was more than enough, the state was described as affluent.
In sacrifices there should be no extravagance in good years, and no niggardliness in bad.
28. If in a state there was not accumulated (a surplus) sufficient for nine years, its condition was called one of insufficiency; if there was not enough for six years, one of urgency. If there was not a surplus sufficient for three years, the state could not continue. The husbandry of three years was held to give an overplus of food sufficient for one year; that of nine years, an overplus sufficient for three years. Going through thirty years (in this way), though there might be bad years, drought, and inundations, the people would have no lack or be reduced to (eating merely) vegetables, and then the son of Heaven would every day have full meals and music at them.
SECTION III.
1. The son of Heaven was encoffined on the seventh day (after his death), and interred in the seventh month. The prince of a state was encoffined
[1. Such is the meaning of the text here given by the Khien-lung editors. It is found also in the Khang-hsî dictionary, under the character ###, called in this usage hwo. ]
on the fifth day, and interred in the fifth month. A Great officer, (other) officers, and the common people were encoffined on the third day, and interred in the third month. The mourning rites of three years (for parents) extended from the son of Heaven to all.
2. The common people let the coffin down into the grave by ropes, and did not suspend the interment because of rain. They raised no mound, nor planted trees over the grave. That no other business should interfere with the rites of mourning was a thing extending from the son of Heaven to the common people.
3. In the mourning rites they followed (the rank of) the dead; in sacrificing to them, that of the living. A son by a concubine did not (preside at) the sacrifices[1].
4. (The ancestral temple of) the son of Heaven embraced seven fanes (or smaller temples); three on the left and three on the right, and that of his great ancestor (fronting the south):--in all, seven. (The temple of) the prince of a state embraced five such fanes: those of two on the left, and two on the right, and that of his great ancestor:--in all, five. Great officers had three fanes:-one on the left, one on the right, and that of his great ancestor:--in all, three. Other officers had (only) one. The common people presented their offerings in their (principal) apartment[2]
[1. Even though he might attain to higher rank than the son of the wife proper, who represented their father.
2. The technical terms (as they may be called) in the text make it impossible to translate this paragraph concisely, so as to make it intelligible to a foreign reader unacquainted with the significance of those terms. The following ground-plan of an ancestral temple of a king of Kâu is given in the plates of the Khien-lung edition of the Lî kî:--after Kû Hsî. I introduce it here with some condensations.
Entering at the gate on the south, we have, fronting us, at the northern end, the fane of the grand ancestor to whom, in the distant past, the family traced its line. South of his fane, on the right and left, were two fanes dedicated to kings Wan and Wû, father and son, the joint founders of the dynasty. The four below them, two on each side, were dedicated to the four kings preceding the reigning king, the sacrificer. At the back of each fane was a comparatively dark apartment, called khin (###) where the spirit tablet was kept during the intervals between the sacrifices. When a sacrifice was offered, the tablet was brought out and placed in the centre of a screen, in the middle of the fane. As the line lengthened, while the tablets of the grand ancestor and joint ancestors always remained untouched, on a death and accession, the tablet of the next oldest occupant was removed and placed in a general apartment for the keeping of all such tablets, and that of the newly deceased king was placed in the father's fane, and the other three were shifted up, care being always taken that the tablet of a son should never follow that of his father on the same side. The number of the lower fanes was maintained, as a rule, at four. Those on the east were called Kâo (###) and on the west Mû (###), the names in the text here. See the Chinese Classics, I, pp. 266, 267, and the note there. ]
5. The sacrifices in the ancestral temples of the son of Heaven and the feudal princes were that of spring, called Yo; that of summer, called Tî; that of autumn, called Khang; and that of winter, called Khang[1].
6. The son of Heaven sacrificed to Heaven and Earth; the princes of the states, to the (spirits of the) land and grain; Great officers offered the five sacrifices (of the house). The son of Heaven sacrificed to all the famous hills and great streams under the sky, the five mountains[2] receiving (sacrificial) honours like the honours paid (at court) to the three ducal ministers, and the four rivers[2] honours like those paid to the princes of states; the princes sacrificed to the famous hills and great streams which were in their own territories.
7. The son of Heaven and the feudal lords sacrificed to the ancient princes who had no successors to
[1. The names of some of these sacrifices and their order are sometimes given differently.
2. For four of these mountains, see pages 217, 218, notes. The fifth was that of the Centre, mount Sung, in the present district of Sung, department Ho-nan, Ho-nan. The four rivers were the Kiang, the Hwâi, the Ho, and the Kî. ]
preside over the sacrifices to them, and whose possessions now formed part of the royal domain or of their respective states.
8. The son of Heaven offered the spring sacrifice apart and by itself alone, but his sacrifices of all the other seasons were conducted on a greater scale in the fane of the high ancestor. The princes of the states who offered the spring sacrifice omitted that of the summer; those who offered that of the summer omitted that of the autumn; those who sacrificed in autumn did not do so in winter; and those who sacrificed in winter did not do so in spring[1].
In spring they offered the sacrifice of the season by itself apart; in summer, in the fane of the high ancestor[2]; in autumn and winter both the sacrifices were there associated together.
9. In sacrificing at the altars to the spirits of the land and grain, the son of Heaven used in each case a bull, a ram, and a boar; the princes, (only) a ram and a boar. Great and other officers, at the sacrifices in their ancestral temples, if they had lands, sacrificed an animal; and, if they had no lands, they only presented fruits. The common people, in the spring, presented scallions; in summer, wheat; in autumn, millet; and in winter, rice unhulled. The scallions were set forth with eggs; the wheat with
[1. The princes who omitted one sacrifice in the year would probably be absent in that season, attending at the royal court. They paid that attendance in turns from the several quarters.
2. If in this summer service the seasonal and the sacrifice in the fane of the high sacrifice were associated together, the rule for the princes was the same as for the king. There was the ordinary associate sacrifice, and 'the great;' about which the discussions and different views have been endless. ]
fish; the millet with a sucking-pig; and the rice with a goose.
10. Of the bulls used in sacrificing to Heaven and Earth, the horns were (not larger than) a cocoon or a chestnut[1]. Those of the one used in the ancestral temple could be grasped with the hand; those of the ox used for (feasting) guests were a foot long.
Without sufficient cause, a prince did not kill an ox, nor a Great officer a sheep, nor another officer a dog or a pig, nor a common person eat delicate food.
The various provisions (at a feast) did not go beyond the sacrificial victims killed; the private, clothes were not superior to the robes of sacrifice; the house and its apartments did not surpass the ancestral temple.
11. Anciently, the public fields were cultivated by the united labours of the farmers around them, from the produce of whose private fields nothing was levied. A rent was charged for the stances in the marketplaces, but wares were not taxed. Travellers were examined at the different passes, but no duties were levied from them. Into the forests and plains at the foot of mountains the people went without hindrance at the proper seasons. None of the produce was levied from the fields assigned to the younger sons of a family, nor from the holy fields. Only three days' labour was required (by the state) from the people in the course of a year. Fields and residences in the hamlets, (when once assigned), could
[1. The victims must all have been young animals; 'to show,' says Wang Thâo, 'that the sincerity of the worshipper is the chief thing in the view of Heaven. ']
not be sold. Ground set apart for graves could not be sought (for any other purpose)[1].
12. The minister of Works with his (various) instruments measured the ground for the settlements of the people. About the hills and rivers, the oozy ground and the meres, he determined the periods of the four seasons. He measured the distances of one spot from another, and commenced his operations in employing the labour of the people. In all his employment of them, he imposed (only) the tasks of old men (on the able-bodied), and gave (to the old) the food-allowance of the able-bodied.
13. In all their settlements, the bodily capacities of the people are sure to be according to the sky and earthly influences, as cold or hot, dry or moist. Where the valleys are wide and the rivers large, the ground was differently laid out; and the people born in them had different customs. Their temperaments,
[1. Compare Mencius III, i, 3, 6-9, et al. ; II, i, 5, 2-4; I, i, 3, 3, 4; III, i, 3, 15-17; with the notes. I give here also the note of P. Callery on the first sentence of this paragraph:--'Sous les trois premières dynasties, époque éloignée où il y avait peu de terrains cultivés dans l'empire, le gouvernement concédait les terres incultes par carrés équilatères ayant 900 mâu, ou arpents, de superficie. Ces carrés, qu'on nommait Zing (###), d'après leur analogie de tracé avec le caractère Zing, "a well," étaient divisés en neuf carrés égaux de 100 mâu chacun, au moyen de deux lignes médianes que deux autres lignes coupaient à angle droit à des distances égales. Il résultait de cette intersection de lignes une sorte de damier de trois cases de côté, ayant huit carrés sur la circonférence, et un carré au milieu. Les huit carrés du pourtour devenaient la propriété de huit colons; mais celui du centre était un champ de réserve dont la culture restait bien à la charge des huit voisins, mais dont les produits appartenaient à 1'empereur. ']
as hard or soft, light or grave, slow or rapid, were made uniform by different measures; their preferences as to flavours were differently harmonised; their implements were differently made; their clothes were differently fashioned, but always suitably. Their training was varied, without changing their customs; and the governmental arrangements were uniform, without changing the suitability (in each case).
14. The people of those five regions-the Middle states, and the Zung, Î, (and other wild tribes round them)--had all their several natures, which they could not be made to alter. The tribes on the east were called Î. They had their hair unbound, and tattooed their bodies. Some of them ate their food without its being cooked. Those on the south were called Man. They tattooed their foreheads, and had their feet turned in towards each other. Some of them (also) ate their food without its being cooked. Those on the west were called Zung. They had their hair unbound, and wore skins. Some of them did not eat grain-food. Those on the north were called Tî. They wore skins of animals and birds, and dwelt in caves. Some of them also did not eat grain-food.
The people of the Middle states, and of those Man, Zung, and Tî, all had their dwellings, where they lived at ease; their flavours which they preferred; the clothes suitable for them; their proper implements for use; and their vessels which they prepared in abundance. In those five regions, the languages of the people were not mutually intelligible, and their likings and desires were different. To make what was in their minds apprehended, and to communicate their likings and desires, (there were officers),--in the east, called transmitters; in the south, representationists; in the west, Tî-tîs[1]; and in the north, interpreters.
15. In settling the people, the ground was measured for the formation of towns, and then measured again in smaller portions for the allotments of the people. When the division of the ground, the cities, and the allotments were thus fixed in adaptation to one another, so that there was no ground unoccupied, and none of the people left to wander about idle, economical arrangements were made about food; and its proper business appointed for each season. Then the people had rest in their dwellings, did joy fully what they had to do, exhorted one another to labour, honoured their rulers, and loved their superiors. This having been secured, there ensued the institution of schools.
SECTION IV.
1. The minister of Instruction defined and set forth the six ceremonial observances[2]:--to direct and control the nature of the people; clearly illustrated the seven lessons (of morality)[3] to stimulate their virtue; inculcated uniformity in the eight objects of government[2], to guard against all excess; taught the
[1. I cannot translate Tî-tî. It was the name of a region (Williams says, 'near the Koko-nor'), the people of which had a reputation for singing.
2. See the last paragraph of these Regulations, at the end of next Section.
3. It has become the rule, apparently with all sinologists, to call the minister in the text here, Sze Thû, by the name of 'The minister of Instruction. ' Callery describes him as 'Le ministre qui a dans ses attributions l'instruction publiquee et les, rites. ' And this is correct according to the account of his functions here, in the Kâu Lî, and in the Shû (V, xx, 8); but the characters (###) simply denote 'superintendent of the multitudes. ' This, then, was the conception anciently of what government had to do for the multitudes,--to teach them all moral and social duties, how to discharge their obligations to men living and dead, and to spiritual beings. The name is now applied to the president and vice-president of the board of Revenue. ]
sameness of the course (of duty) and virtue, to assimilate manners; nourished the aged, to secure the completion of filial piety; showed pity to orphans and solitaries, to reach those who had been bereaved; exalted men of talents and worth, to give honour to virtue; and dealt summarily with the unworthy, to discountenance wickedness.
2. He commanded that, throughout the districts[1], there should be marked and pointed out to him those who were disobedient to his lessons. (This having been done), the aged men were all assembled in the school[2], and on a good day archery was practised and places were given according to merit. (At the same time) there was a feast, when places were given according to age. The Grand minister of Instruction[3] conducted thither the eminent scholars of the state and along with them superintended the business.
[1. That is, the six districts embraced in the royal domain, each nominally containing 12,500 families.
2. The great school of the district. The aged men would be good officers retired from duty, and others of known worth.
3. Here we have 'the Grand minister of Instruction;' and it may be thought we 'should translate the name in the first paragraph in the plural. No doubt, where there is no specification of 'the grand,' it means the board or department of Education. ]
If those (who had been reported to him) did not (now) change, he gave orders that they who were noted as continuing disobedient in the districts on the left should be removed to those on the right, and those noted on the right to the districts on the left. Then another examination was held in the same way, and those who had not changed were removed to the nearest outlying territory. Still continuing unchanged, they were removed, after a similar trial, to the more distant territory. There they were again examined and tried, and if still found defective, they were cast out to a remote region, and for all their lives excluded from distinction.
3. Orders were given that, throughout the districts, the youths who were decided on as of promising ability should have their names passed up to the minister of Instruction, when they were called 'select scholars. ' He then decided which of them gave still greater promise, and promoted them to the (great) college[1], where they were called 'eminent scholars[2]. ' Those who were brought to the notice of the minister were exempted from services in the districts; and those who were promoted to the (great) school, from all services under his own department, and (by and by) were called 'complete scholars[2]. '
4. The (board for) the direction of Music gave all honour to its four subjects of instruction[3], and
[1. This would be the college at the capital.
2. Have we not in these the prototypes of the 'Flowering Talents' (Hsiû Zhai ###) and Promoted Men' (Kü Zan ###) of to-day?
3. In the text these are called 'the four Arts' and 'the four Teachings;' but the different phrases seem to have the same meaning. ]
arranged the lessons in them, following closely the poems, histories, ceremonies, and music of the former kings, in order to complete its scholars. The spring and autumn were devoted to teaching the ceremonies and music; the winter and summer to the poems and histories[1]. The eldest son of the king and his other sons, the eldest sons of all the feudal princes, the sons, by their wives proper, of the high ministers, Great officers, and officers of the highest grade, and the eminent and select scholars from (all) the states, all repaired (to their instruction), entering the schools according to their years.
5. When the time drew near for their quitting the college, the smaller and greater assistants[2], and the inferior director of the board, put down those who had not attended to their instructions, and reported them to the Grand director, who in turn reported them to the king. The king ordered the three ducal ministers, his nine (other) ministers, the Great officers, and the (other) officers, all to enter the school (and hold an examination). If this did not produce the necessary change; the king in person inspected the school; and if this also failed, for three days he took no full meal nor had music, after which the (culprits) were cast but to the remote regions. Sending them to those of the west was called 'a (temporary) expulsion;'
[1. The Khien-lung editors say that ' in spring and autumn the temperature is equable and the bodily spirits good, well adapted for the practice of ceremonies and moving in time to the music, whereas the long days of summer and long nights of winter are better adapted for the tasks of learning the poems and histories. '
2. The smaller assistants of the Grand director of Music were eighteen, and the greater four. See the Kâu Lî, XVII, 21. Their functions are described in XXII, 45-53. ]
to the east, 'a temporary exile. ' But all their lives they were excluded from distinction.
6. The Grand director of Music, having fully considered who were the most promising of the 'completed scholars,' reported them to the king, after which they were advanced to be under the minister of War, and called 'scholars ready for employment[1]. '
7. The minister of War gave discriminating consideration (to the scholars thus submitted to him), with a view to determine the offices for which their abilities fitted them. He then reported his decisions concerning the best and ablest of them to the king, to have that judgment fixed[2]. When it was, they were put into offices. After they had discharged the duties of these, rank was given them; and, their positions being thus fixed, they received salary.
8. When a Great officer was dismissed as incompetent from his duties, be was not (again) employed in any office to the end of his life. At his death, he was buried as an (ordinary) officer.
[1. Exactly the name to the candidates of to-day who have succeeded at the triennial examinations at the capital the; 'Metropolitan Graduates,' as Mayers (page 72) calls them.
2. It is strange to find the minister of War performing the services here mentioned, and only these.
The Khien-lung editors say that the compilers of this Book had not seen the Kâu Lî nor the Shû. It has been seen in the Introduction, pages 4, 5, how the Kâu Lî came to light in the reign of Wû, perhaps fifty years after this Book was made, and even then did not take its place among the other restored monuments till the time of Liû Hsin. To make the duties here ascribed to the Minister of War (literally, 'Master of Horse,' ###) appear less anomalous, Kang and other commentators quote from the Shû (V, xx, 14) only a part of the account of his functions. ]
9. If any expedition of war were contemplated, orders were given to the Grand minister of Instruction to teach the scholars the management of the chariot and the wearing of the coat of mail.
10. In the case of all who professed any particular art, respect was bad to their strength. If they were to go to a distant quarter, the), had to display their arms and legs, and their skill in archery and charioteering was tested. All who professed particular arts for the service of their superiors, such as prayermakers, writers, archers, carriage-drivers, doctors, diviners, and artizans,--all who professed particular arts for the service of their superiors, were not allowed to practise any other thing, or to change their offices; and when they left their districts, they did not take rank with officers. Those who did service in families (also), when they left their districts, did not take rank with officers.
11. The minister of Crime adapted the punishments (to the offences for which they were inflicted), and made the laws clear in order to deal with criminal charges and litigations. He required the three references as to its justice (before the infliction of a capital punishment)[1]. If a party had the intention, but there were not evidence of the deed, the charge was not listened to. Where 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[2], it was required to decide
[1. See the Kâu Lî, XXXVII, 45, 46.
2. Branding; cutting off the nose; Cutting off the feet; castration; death. See vol, iii, p. 40. ]
according to the judgment of Heaven. Inadvertent and redeemable offences were determined by (the circumstances of) each particular case[1].
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[2], or the righteousness between ruler and minister[3] (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[4], 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 Shû before them.
2. Which might make either party conceal the guilt of the other.
3. Which might in a similar way affect the evidence.
4. 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. ]
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[1], 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[2]. 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.
2. There is here a play upon the homophonous names of different Chinese characters, often employed, as will be pointed out, in the Lî Kî, 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 à la sainteté! ']
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 to death. 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[1] 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[2]; or cloth, 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
[1. These would be, especially, the superintendents of the markets.
2. The five correct colours were--black, carnation, azure, white. and yellow. ]
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[2].
19. (The office of) the accountants[3] 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.
2. Some of the functions here belonged to the assistant recorder, according to the Kâu Lî, but the two were of the same department.
3. This office was under the board of the chief minister, and consisted of sixty-two men of different grades under the Kâu dynasty (the Kâu Lî, 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. ]
SECTION V.
1. In nourishing the aged, (Shun), the lord of Yü, used the ceremonies of the drinking entertainment; the sovereigns of Hsiâ, those at entertainments (after) a reverent sacrifice or offering[1]; the men of Yin, those of a (substantial) feast; and the men of Kâu 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).
3. For those of fifty the grain was (fine and) different (from that used by younger men). For those of sixty, flesh was kept in store. For those of seventy, there was a second service of savoury meat. For those of eighty, there was a constant supply of delicacies. For those of ninety, food and drink were never out of their chambers. Wherever they wandered (to another place), it was required that savoury meat and drink should follow them.
[1. The commentators make this to have been a Barmecide feast, merely to show respect for the age; and Callery, after them, gives for the text: 'La dynastie des Hsiâ faisait servir un repas qu'on ne mangeait point. ' But Ying-tâ's authorities adduced to support this view do not appear to me to bear it out. See the commencing chapter of Book X, Section ii, where all this about nourishing the aged is repeated. ]
4. After sixty, (the coffin and other things for the mourning rites) were seen to be in readiness, (once) in the year; after seventy, once in the season; after eighty, once in the month; and after ninety; every day they were kept in good repair. But the bandages, sheet, and coverlets and cases (for the corpse) were prepared after death,
5. At fifty, one begins to decay; at sixty, he does not feel satisfied unless he eats flesh; at seventy, he does not feel warm unless he wears silk; at eighty, he does not feel warm unless there be some one (to sleep) with him; and at ninety, he does not feel warm even with that.
6. At fifty, one kept his staff always in his hand in his family; at sixty, in his district; at seventy, in the city; at eighty, (an officer) did so in the court. If the son of Heaven wished to put questions to (all officer) of ninety, he went to his house, and had rich food carried after him.
7. At seventy, (an officer) did not wait till the court was over (before he retired); at eighty, he reported every month (to the ruler's messenger) that he was still alive; at ninety; he (had delicate food sent) regularly to him every day.
8. At fifty, a (common) man was not employed in services requiring strength; at sixty, he was discharged from bearing arms along with others; at seventy, he was exempted from the business of receiving guests and visitors; and at eighty, he was free from the abstinences and other rites of mourning.
9. When one was fifty, he received the rank (of a Great officer)[1]; at sixty, he did not go in person to the college; at seventy, he retired from the service of the government; and in mourning, he used only the dress of sackcloth (without adopting the privations of the mourning rites).
10. (Shun), the lord of Yü, nourished the aged (who had retired from the service) of the state in (the school called) the higher hsiang, and the aged of the common people (and officers who had not obtained rank) in (the school called) the lower hsiang. The sovereigns of Hsiâ nourished the former in (the school called) the hsü on the east, and the latter in (that called) the hsü on the west. The men of Yin nourished the former in the school of the right, and the latter in that of the left. The men of Kâu entertained the former in (the school called) the eastern kiâo, and the latter in (what corresponded to) the hsiang of Yü. This was in the suburb of the capital on the west[2].
11. The lord of Yü wore the hwang cap in sacrificing
[1. See Book X, Section ii, i. This was, say the Khien-lung editors, a lesson against forwardness in seeking office and rank, as retirement at seventy was a lesson against cleaving to these too long.
2. It is wearisome to try and thread one's way through the discussions about the schools, called by all these different names. One thing is plain, that there were the lower schools which boys entered when they were eight, and the higher schools into which the passed from these. But in this paragraph these institutions are mentioned not in connexion with education,. but as they were made available for the assembling and cherishing of the aged. They served various purposes. A school-room with us may do the same, occasionally; it was the rule in ancient China that the young should be taught and the old ministered to in the same buildings. ]
(in the ancestral temple), and the white robes in nourishing the aged. The sovereigns of Hsiâ used the shâu cap in sacrificing, and the upper and lower dark garments of undress in nourishing the aged. During the Yin, they used the hsü cap in sacrificing, and the tipper and lower garments, both of white thin silk, in nourishing the aged. During the Kâu dynasty, they used the mien cap in sacrificing, and the dark-coloured upper and lower garments in nourishing the aged.
12. The kings of the three dynasties[1], in nourishing the old, always had the years of those connected with them brought to their notice. Where (an officer) was eighty, one of his sons was free from all duties of government service; where he was ninety, all the members of his family were set free from them. In cases of parties who were disabled or ill, and where the attendance of others was required to wait upon them, one man was discharged from those duties (for the purpose). Parties mourning for their parents had a discharge for three years. Those mourning for one year or nine months had a discharge for three months. Where an officer was about to move to another state, he was discharged from service for three months beforehand. When one came from another state, he was not required to take active service for around year.
13. One who, while quite young, lost his father was called an orphan; an old man who had lost his sons was called a solitary. An old man who had lost his wife was called a pitiable (widower); an old woman who had lost her husband was called a poor
[1. Hsiâ, Shang or Yin, and Kâu. ]
(widow). These four classes were the most forlorn of Heaven's people, and had none to whom to tell their wants; they all received regular allowances.
14. The dumb, the deaf, the lame, such as had lost a member, pigmies, and mechanics, were all fed according to what work they were able to do.
15. On the roads, men took the right side and women the left; carriages kept in the middle. A man kept behind another who had a father's years; he followed one who might be his elder brother more closely, but still keeping behind, as geese fly after one another in a row. Friends did not pass by one another, when going the same way. (In the case of an old and a young man, carrying burdens,) both were borne by the younger; and if the two were too heavy for one, he took the heavier. A man with grey hair was not allowed to carry anything, though he might do it with one hand.
16. An officer of superior rank, of the age of sixty or seventy, did not walk on foot. A common man, at that age, did not go without flesh to eat.
17. A Great officer, (having land of his own), was' not permitted to borrow the vessels for sacrifice; nor to make vessels for his own private use before he had made those for sacrifice.
I& A space of one lî square contained fields amounting to 900 mâu[1]. Ten lî square were equal to 100 spaces of one lî square, and contained 90,000 mâu. A hundred lî square were equal to 100 spaces of ten lî square, and contained 9,000,999 mâu. A
[1. See note as to the size of the mâu on page 218. ]
thousand lî square were equal to 100 spaces of 100 lî square, and contained 900,000,000 mâu.
19. From mount Hang[1] to the southernmost point of the Ho was hardly 1000 lî. From that point to the Kiang was hardly I000 lî. From the Kiang to mount Hang in the south was more than 1000 lî. From the Ho on the cast to the eastern sea was more than 1000 lî. From the Ho on the east to the same river on the west was hardly 1000 lî; and from that to the Moving Sands[2] was more than 1000 lî. (The kingdom) did not pass the Moving Sands on the west, nor mount Hang on the south. On the east it did not pass the eastern sea, nor on the north did it pass (the other) mount Hang. All within the four seas, taking the length with the breadth, made up a space Of 3000 lî square, and contained eighty trillions of mâu[3].
2o. A space of 100 lî square contained ground to the amount of 9,000,000 mâu. Hills and mounds, forests and thickets, rivers and marshes, ditches and canals, city walls and suburbs. , houses, roads, and
[1. See notes on pages 217, 218. I have said below '(the other) mount Hang;' but the names, or characters for the names, of the two mountains are different in Chinese.
2. What is now called the desert of Gobi.
3. As it is in the text =80 x 10000 x 10000 x 10000 x 10000 mâu. A translator, if I may speak of others from my own experience, is much perplexed in following and verifying the calculations, in this and the other paragraphs before and after it. The Khien-lung editors and Wang Thâo use many pages in pointing out the errors of earlier commentators, and establishing the correct results according to their own views, and 1 have thought it well to content myself with simply giving a translation of the text. ]
lanes took up one third of it, leaving 6,000,000 mâu.
21. Anciently, according to the cubit of Kâu, eight cubits formed a pace.
28. If in a state there was not accumulated (a surplus) sufficient for nine years, its condition was called one of insufficiency; if there was not enough for six years, one of urgency. If there was not a surplus sufficient for three years, the state could not continue. The husbandry of three years was held to give an overplus of food sufficient for one year; that of nine years, an overplus sufficient for three years. Going through thirty years (in this way), though there might be bad years, drought, and inundations, the people would have no lack or be reduced to (eating merely) vegetables, and then the son of Heaven would every day have full meals and music at them.
SECTION III.
1. The son of Heaven was encoffined on the seventh day (after his death), and interred in the seventh month. The prince of a state was encoffined
[1. Such is the meaning of the text here given by the Khien-lung editors. It is found also in the Khang-hsî dictionary, under the character ###, called in this usage hwo. ]
on the fifth day, and interred in the fifth month. A Great officer, (other) officers, and the common people were encoffined on the third day, and interred in the third month. The mourning rites of three years (for parents) extended from the son of Heaven to all.
2. The common people let the coffin down into the grave by ropes, and did not suspend the interment because of rain. They raised no mound, nor planted trees over the grave. That no other business should interfere with the rites of mourning was a thing extending from the son of Heaven to the common people.
3. In the mourning rites they followed (the rank of) the dead; in sacrificing to them, that of the living. A son by a concubine did not (preside at) the sacrifices[1].
4. (The ancestral temple of) the son of Heaven embraced seven fanes (or smaller temples); three on the left and three on the right, and that of his great ancestor (fronting the south):--in all, seven. (The temple of) the prince of a state embraced five such fanes: those of two on the left, and two on the right, and that of his great ancestor:--in all, five. Great officers had three fanes:-one on the left, one on the right, and that of his great ancestor:--in all, three. Other officers had (only) one. The common people presented their offerings in their (principal) apartment[2]
[1. Even though he might attain to higher rank than the son of the wife proper, who represented their father.
2. The technical terms (as they may be called) in the text make it impossible to translate this paragraph concisely, so as to make it intelligible to a foreign reader unacquainted with the significance of those terms. The following ground-plan of an ancestral temple of a king of Kâu is given in the plates of the Khien-lung edition of the Lî kî:--after Kû Hsî. I introduce it here with some condensations.
Entering at the gate on the south, we have, fronting us, at the northern end, the fane of the grand ancestor to whom, in the distant past, the family traced its line. South of his fane, on the right and left, were two fanes dedicated to kings Wan and Wû, father and son, the joint founders of the dynasty. The four below them, two on each side, were dedicated to the four kings preceding the reigning king, the sacrificer. At the back of each fane was a comparatively dark apartment, called khin (###) where the spirit tablet was kept during the intervals between the sacrifices. When a sacrifice was offered, the tablet was brought out and placed in the centre of a screen, in the middle of the fane. As the line lengthened, while the tablets of the grand ancestor and joint ancestors always remained untouched, on a death and accession, the tablet of the next oldest occupant was removed and placed in a general apartment for the keeping of all such tablets, and that of the newly deceased king was placed in the father's fane, and the other three were shifted up, care being always taken that the tablet of a son should never follow that of his father on the same side. The number of the lower fanes was maintained, as a rule, at four. Those on the east were called Kâo (###) and on the west Mû (###), the names in the text here. See the Chinese Classics, I, pp. 266, 267, and the note there. ]
5. The sacrifices in the ancestral temples of the son of Heaven and the feudal princes were that of spring, called Yo; that of summer, called Tî; that of autumn, called Khang; and that of winter, called Khang[1].
6. The son of Heaven sacrificed to Heaven and Earth; the princes of the states, to the (spirits of the) land and grain; Great officers offered the five sacrifices (of the house). The son of Heaven sacrificed to all the famous hills and great streams under the sky, the five mountains[2] receiving (sacrificial) honours like the honours paid (at court) to the three ducal ministers, and the four rivers[2] honours like those paid to the princes of states; the princes sacrificed to the famous hills and great streams which were in their own territories.
7. The son of Heaven and the feudal lords sacrificed to the ancient princes who had no successors to
[1. The names of some of these sacrifices and their order are sometimes given differently.
2. For four of these mountains, see pages 217, 218, notes. The fifth was that of the Centre, mount Sung, in the present district of Sung, department Ho-nan, Ho-nan. The four rivers were the Kiang, the Hwâi, the Ho, and the Kî. ]
preside over the sacrifices to them, and whose possessions now formed part of the royal domain or of their respective states.
8. The son of Heaven offered the spring sacrifice apart and by itself alone, but his sacrifices of all the other seasons were conducted on a greater scale in the fane of the high ancestor. The princes of the states who offered the spring sacrifice omitted that of the summer; those who offered that of the summer omitted that of the autumn; those who sacrificed in autumn did not do so in winter; and those who sacrificed in winter did not do so in spring[1].
In spring they offered the sacrifice of the season by itself apart; in summer, in the fane of the high ancestor[2]; in autumn and winter both the sacrifices were there associated together.
9. In sacrificing at the altars to the spirits of the land and grain, the son of Heaven used in each case a bull, a ram, and a boar; the princes, (only) a ram and a boar. Great and other officers, at the sacrifices in their ancestral temples, if they had lands, sacrificed an animal; and, if they had no lands, they only presented fruits. The common people, in the spring, presented scallions; in summer, wheat; in autumn, millet; and in winter, rice unhulled. The scallions were set forth with eggs; the wheat with
[1. The princes who omitted one sacrifice in the year would probably be absent in that season, attending at the royal court. They paid that attendance in turns from the several quarters.
2. If in this summer service the seasonal and the sacrifice in the fane of the high sacrifice were associated together, the rule for the princes was the same as for the king. There was the ordinary associate sacrifice, and 'the great;' about which the discussions and different views have been endless. ]
fish; the millet with a sucking-pig; and the rice with a goose.
10. Of the bulls used in sacrificing to Heaven and Earth, the horns were (not larger than) a cocoon or a chestnut[1]. Those of the one used in the ancestral temple could be grasped with the hand; those of the ox used for (feasting) guests were a foot long.
Without sufficient cause, a prince did not kill an ox, nor a Great officer a sheep, nor another officer a dog or a pig, nor a common person eat delicate food.
The various provisions (at a feast) did not go beyond the sacrificial victims killed; the private, clothes were not superior to the robes of sacrifice; the house and its apartments did not surpass the ancestral temple.
11. Anciently, the public fields were cultivated by the united labours of the farmers around them, from the produce of whose private fields nothing was levied. A rent was charged for the stances in the marketplaces, but wares were not taxed. Travellers were examined at the different passes, but no duties were levied from them. Into the forests and plains at the foot of mountains the people went without hindrance at the proper seasons. None of the produce was levied from the fields assigned to the younger sons of a family, nor from the holy fields. Only three days' labour was required (by the state) from the people in the course of a year. Fields and residences in the hamlets, (when once assigned), could
[1. The victims must all have been young animals; 'to show,' says Wang Thâo, 'that the sincerity of the worshipper is the chief thing in the view of Heaven. ']
not be sold. Ground set apart for graves could not be sought (for any other purpose)[1].
12. The minister of Works with his (various) instruments measured the ground for the settlements of the people. About the hills and rivers, the oozy ground and the meres, he determined the periods of the four seasons. He measured the distances of one spot from another, and commenced his operations in employing the labour of the people. In all his employment of them, he imposed (only) the tasks of old men (on the able-bodied), and gave (to the old) the food-allowance of the able-bodied.
13. In all their settlements, the bodily capacities of the people are sure to be according to the sky and earthly influences, as cold or hot, dry or moist. Where the valleys are wide and the rivers large, the ground was differently laid out; and the people born in them had different customs. Their temperaments,
[1. Compare Mencius III, i, 3, 6-9, et al. ; II, i, 5, 2-4; I, i, 3, 3, 4; III, i, 3, 15-17; with the notes. I give here also the note of P. Callery on the first sentence of this paragraph:--'Sous les trois premières dynasties, époque éloignée où il y avait peu de terrains cultivés dans l'empire, le gouvernement concédait les terres incultes par carrés équilatères ayant 900 mâu, ou arpents, de superficie. Ces carrés, qu'on nommait Zing (###), d'après leur analogie de tracé avec le caractère Zing, "a well," étaient divisés en neuf carrés égaux de 100 mâu chacun, au moyen de deux lignes médianes que deux autres lignes coupaient à angle droit à des distances égales. Il résultait de cette intersection de lignes une sorte de damier de trois cases de côté, ayant huit carrés sur la circonférence, et un carré au milieu. Les huit carrés du pourtour devenaient la propriété de huit colons; mais celui du centre était un champ de réserve dont la culture restait bien à la charge des huit voisins, mais dont les produits appartenaient à 1'empereur. ']
as hard or soft, light or grave, slow or rapid, were made uniform by different measures; their preferences as to flavours were differently harmonised; their implements were differently made; their clothes were differently fashioned, but always suitably. Their training was varied, without changing their customs; and the governmental arrangements were uniform, without changing the suitability (in each case).
14. The people of those five regions-the Middle states, and the Zung, Î, (and other wild tribes round them)--had all their several natures, which they could not be made to alter. The tribes on the east were called Î. They had their hair unbound, and tattooed their bodies. Some of them ate their food without its being cooked. Those on the south were called Man. They tattooed their foreheads, and had their feet turned in towards each other. Some of them (also) ate their food without its being cooked. Those on the west were called Zung. They had their hair unbound, and wore skins. Some of them did not eat grain-food. Those on the north were called Tî. They wore skins of animals and birds, and dwelt in caves. Some of them also did not eat grain-food.
The people of the Middle states, and of those Man, Zung, and Tî, all had their dwellings, where they lived at ease; their flavours which they preferred; the clothes suitable for them; their proper implements for use; and their vessels which they prepared in abundance. In those five regions, the languages of the people were not mutually intelligible, and their likings and desires were different. To make what was in their minds apprehended, and to communicate their likings and desires, (there were officers),--in the east, called transmitters; in the south, representationists; in the west, Tî-tîs[1]; and in the north, interpreters.
15. In settling the people, the ground was measured for the formation of towns, and then measured again in smaller portions for the allotments of the people. When the division of the ground, the cities, and the allotments were thus fixed in adaptation to one another, so that there was no ground unoccupied, and none of the people left to wander about idle, economical arrangements were made about food; and its proper business appointed for each season. Then the people had rest in their dwellings, did joy fully what they had to do, exhorted one another to labour, honoured their rulers, and loved their superiors. This having been secured, there ensued the institution of schools.
SECTION IV.
1. The minister of Instruction defined and set forth the six ceremonial observances[2]:--to direct and control the nature of the people; clearly illustrated the seven lessons (of morality)[3] to stimulate their virtue; inculcated uniformity in the eight objects of government[2], to guard against all excess; taught the
[1. I cannot translate Tî-tî. It was the name of a region (Williams says, 'near the Koko-nor'), the people of which had a reputation for singing.
2. See the last paragraph of these Regulations, at the end of next Section.
3. It has become the rule, apparently with all sinologists, to call the minister in the text here, Sze Thû, by the name of 'The minister of Instruction. ' Callery describes him as 'Le ministre qui a dans ses attributions l'instruction publiquee et les, rites. ' And this is correct according to the account of his functions here, in the Kâu Lî, and in the Shû (V, xx, 8); but the characters (###) simply denote 'superintendent of the multitudes. ' This, then, was the conception anciently of what government had to do for the multitudes,--to teach them all moral and social duties, how to discharge their obligations to men living and dead, and to spiritual beings. The name is now applied to the president and vice-president of the board of Revenue. ]
sameness of the course (of duty) and virtue, to assimilate manners; nourished the aged, to secure the completion of filial piety; showed pity to orphans and solitaries, to reach those who had been bereaved; exalted men of talents and worth, to give honour to virtue; and dealt summarily with the unworthy, to discountenance wickedness.
2. He commanded that, throughout the districts[1], there should be marked and pointed out to him those who were disobedient to his lessons. (This having been done), the aged men were all assembled in the school[2], and on a good day archery was practised and places were given according to merit. (At the same time) there was a feast, when places were given according to age. The Grand minister of Instruction[3] conducted thither the eminent scholars of the state and along with them superintended the business.
[1. That is, the six districts embraced in the royal domain, each nominally containing 12,500 families.
2. The great school of the district. The aged men would be good officers retired from duty, and others of known worth.
3. Here we have 'the Grand minister of Instruction;' and it may be thought we 'should translate the name in the first paragraph in the plural. No doubt, where there is no specification of 'the grand,' it means the board or department of Education. ]
If those (who had been reported to him) did not (now) change, he gave orders that they who were noted as continuing disobedient in the districts on the left should be removed to those on the right, and those noted on the right to the districts on the left. Then another examination was held in the same way, and those who had not changed were removed to the nearest outlying territory. Still continuing unchanged, they were removed, after a similar trial, to the more distant territory. There they were again examined and tried, and if still found defective, they were cast out to a remote region, and for all their lives excluded from distinction.
3. Orders were given that, throughout the districts, the youths who were decided on as of promising ability should have their names passed up to the minister of Instruction, when they were called 'select scholars. ' He then decided which of them gave still greater promise, and promoted them to the (great) college[1], where they were called 'eminent scholars[2]. ' Those who were brought to the notice of the minister were exempted from services in the districts; and those who were promoted to the (great) school, from all services under his own department, and (by and by) were called 'complete scholars[2]. '
4. The (board for) the direction of Music gave all honour to its four subjects of instruction[3], and
[1. This would be the college at the capital.
2. Have we not in these the prototypes of the 'Flowering Talents' (Hsiû Zhai ###) and Promoted Men' (Kü Zan ###) of to-day?
3. In the text these are called 'the four Arts' and 'the four Teachings;' but the different phrases seem to have the same meaning. ]
arranged the lessons in them, following closely the poems, histories, ceremonies, and music of the former kings, in order to complete its scholars. The spring and autumn were devoted to teaching the ceremonies and music; the winter and summer to the poems and histories[1]. The eldest son of the king and his other sons, the eldest sons of all the feudal princes, the sons, by their wives proper, of the high ministers, Great officers, and officers of the highest grade, and the eminent and select scholars from (all) the states, all repaired (to their instruction), entering the schools according to their years.
5. When the time drew near for their quitting the college, the smaller and greater assistants[2], and the inferior director of the board, put down those who had not attended to their instructions, and reported them to the Grand director, who in turn reported them to the king. The king ordered the three ducal ministers, his nine (other) ministers, the Great officers, and the (other) officers, all to enter the school (and hold an examination). If this did not produce the necessary change; the king in person inspected the school; and if this also failed, for three days he took no full meal nor had music, after which the (culprits) were cast but to the remote regions. Sending them to those of the west was called 'a (temporary) expulsion;'
[1. The Khien-lung editors say that ' in spring and autumn the temperature is equable and the bodily spirits good, well adapted for the practice of ceremonies and moving in time to the music, whereas the long days of summer and long nights of winter are better adapted for the tasks of learning the poems and histories. '
2. The smaller assistants of the Grand director of Music were eighteen, and the greater four. See the Kâu Lî, XVII, 21. Their functions are described in XXII, 45-53. ]
to the east, 'a temporary exile. ' But all their lives they were excluded from distinction.
6. The Grand director of Music, having fully considered who were the most promising of the 'completed scholars,' reported them to the king, after which they were advanced to be under the minister of War, and called 'scholars ready for employment[1]. '
7. The minister of War gave discriminating consideration (to the scholars thus submitted to him), with a view to determine the offices for which their abilities fitted them. He then reported his decisions concerning the best and ablest of them to the king, to have that judgment fixed[2]. When it was, they were put into offices. After they had discharged the duties of these, rank was given them; and, their positions being thus fixed, they received salary.
8. When a Great officer was dismissed as incompetent from his duties, be was not (again) employed in any office to the end of his life. At his death, he was buried as an (ordinary) officer.
[1. Exactly the name to the candidates of to-day who have succeeded at the triennial examinations at the capital the; 'Metropolitan Graduates,' as Mayers (page 72) calls them.
2. It is strange to find the minister of War performing the services here mentioned, and only these.
The Khien-lung editors say that the compilers of this Book had not seen the Kâu Lî nor the Shû. It has been seen in the Introduction, pages 4, 5, how the Kâu Lî came to light in the reign of Wû, perhaps fifty years after this Book was made, and even then did not take its place among the other restored monuments till the time of Liû Hsin. To make the duties here ascribed to the Minister of War (literally, 'Master of Horse,' ###) appear less anomalous, Kang and other commentators quote from the Shû (V, xx, 14) only a part of the account of his functions. ]
9. If any expedition of war were contemplated, orders were given to the Grand minister of Instruction to teach the scholars the management of the chariot and the wearing of the coat of mail.
10. In the case of all who professed any particular art, respect was bad to their strength. If they were to go to a distant quarter, the), had to display their arms and legs, and their skill in archery and charioteering was tested. All who professed particular arts for the service of their superiors, such as prayermakers, writers, archers, carriage-drivers, doctors, diviners, and artizans,--all who professed particular arts for the service of their superiors, were not allowed to practise any other thing, or to change their offices; and when they left their districts, they did not take rank with officers. Those who did service in families (also), when they left their districts, did not take rank with officers.
11. The minister of Crime adapted the punishments (to the offences for which they were inflicted), and made the laws clear in order to deal with criminal charges and litigations. He required the three references as to its justice (before the infliction of a capital punishment)[1]. If a party had the intention, but there were not evidence of the deed, the charge was not listened to. Where 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[2], it was required to decide
[1. See the Kâu Lî, XXXVII, 45, 46.
2. Branding; cutting off the nose; Cutting off the feet; castration; death. See vol, iii, p. 40. ]
according to the judgment of Heaven. Inadvertent and redeemable offences were determined by (the circumstances of) each particular case[1].
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[2], or the righteousness between ruler and minister[3] (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[4], 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 Shû before them.
2. Which might make either party conceal the guilt of the other.
3. Which might in a similar way affect the evidence.
4. 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. ]
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[1], 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[2]. 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.
2. There is here a play upon the homophonous names of different Chinese characters, often employed, as will be pointed out, in the Lî Kî, 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 à la sainteté! ']
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 to death. 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[1] 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[2]; or cloth, 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
[1. These would be, especially, the superintendents of the markets.
2. The five correct colours were--black, carnation, azure, white. and yellow. ]
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[2].
19. (The office of) the accountants[3] 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.
2. Some of the functions here belonged to the assistant recorder, according to the Kâu Lî, but the two were of the same department.
3. This office was under the board of the chief minister, and consisted of sixty-two men of different grades under the Kâu dynasty (the Kâu Lî, 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. ]
SECTION V.
1. In nourishing the aged, (Shun), the lord of Yü, used the ceremonies of the drinking entertainment; the sovereigns of Hsiâ, those at entertainments (after) a reverent sacrifice or offering[1]; the men of Yin, those of a (substantial) feast; and the men of Kâu 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).
3. For those of fifty the grain was (fine and) different (from that used by younger men). For those of sixty, flesh was kept in store. For those of seventy, there was a second service of savoury meat. For those of eighty, there was a constant supply of delicacies. For those of ninety, food and drink were never out of their chambers. Wherever they wandered (to another place), it was required that savoury meat and drink should follow them.
[1. The commentators make this to have been a Barmecide feast, merely to show respect for the age; and Callery, after them, gives for the text: 'La dynastie des Hsiâ faisait servir un repas qu'on ne mangeait point. ' But Ying-tâ's authorities adduced to support this view do not appear to me to bear it out. See the commencing chapter of Book X, Section ii, where all this about nourishing the aged is repeated. ]
4. After sixty, (the coffin and other things for the mourning rites) were seen to be in readiness, (once) in the year; after seventy, once in the season; after eighty, once in the month; and after ninety; every day they were kept in good repair. But the bandages, sheet, and coverlets and cases (for the corpse) were prepared after death,
5. At fifty, one begins to decay; at sixty, he does not feel satisfied unless he eats flesh; at seventy, he does not feel warm unless he wears silk; at eighty, he does not feel warm unless there be some one (to sleep) with him; and at ninety, he does not feel warm even with that.
6. At fifty, one kept his staff always in his hand in his family; at sixty, in his district; at seventy, in the city; at eighty, (an officer) did so in the court. If the son of Heaven wished to put questions to (all officer) of ninety, he went to his house, and had rich food carried after him.
7. At seventy, (an officer) did not wait till the court was over (before he retired); at eighty, he reported every month (to the ruler's messenger) that he was still alive; at ninety; he (had delicate food sent) regularly to him every day.
8. At fifty, a (common) man was not employed in services requiring strength; at sixty, he was discharged from bearing arms along with others; at seventy, he was exempted from the business of receiving guests and visitors; and at eighty, he was free from the abstinences and other rites of mourning.
9. When one was fifty, he received the rank (of a Great officer)[1]; at sixty, he did not go in person to the college; at seventy, he retired from the service of the government; and in mourning, he used only the dress of sackcloth (without adopting the privations of the mourning rites).
10. (Shun), the lord of Yü, nourished the aged (who had retired from the service) of the state in (the school called) the higher hsiang, and the aged of the common people (and officers who had not obtained rank) in (the school called) the lower hsiang. The sovereigns of Hsiâ nourished the former in (the school called) the hsü on the east, and the latter in (that called) the hsü on the west. The men of Yin nourished the former in the school of the right, and the latter in that of the left. The men of Kâu entertained the former in (the school called) the eastern kiâo, and the latter in (what corresponded to) the hsiang of Yü. This was in the suburb of the capital on the west[2].
11. The lord of Yü wore the hwang cap in sacrificing
[1. See Book X, Section ii, i. This was, say the Khien-lung editors, a lesson against forwardness in seeking office and rank, as retirement at seventy was a lesson against cleaving to these too long.
2. It is wearisome to try and thread one's way through the discussions about the schools, called by all these different names. One thing is plain, that there were the lower schools which boys entered when they were eight, and the higher schools into which the passed from these. But in this paragraph these institutions are mentioned not in connexion with education,. but as they were made available for the assembling and cherishing of the aged. They served various purposes. A school-room with us may do the same, occasionally; it was the rule in ancient China that the young should be taught and the old ministered to in the same buildings. ]
(in the ancestral temple), and the white robes in nourishing the aged. The sovereigns of Hsiâ used the shâu cap in sacrificing, and the upper and lower dark garments of undress in nourishing the aged. During the Yin, they used the hsü cap in sacrificing, and the tipper and lower garments, both of white thin silk, in nourishing the aged. During the Kâu dynasty, they used the mien cap in sacrificing, and the dark-coloured upper and lower garments in nourishing the aged.
12. The kings of the three dynasties[1], in nourishing the old, always had the years of those connected with them brought to their notice. Where (an officer) was eighty, one of his sons was free from all duties of government service; where he was ninety, all the members of his family were set free from them. In cases of parties who were disabled or ill, and where the attendance of others was required to wait upon them, one man was discharged from those duties (for the purpose). Parties mourning for their parents had a discharge for three years. Those mourning for one year or nine months had a discharge for three months. Where an officer was about to move to another state, he was discharged from service for three months beforehand. When one came from another state, he was not required to take active service for around year.
13. One who, while quite young, lost his father was called an orphan; an old man who had lost his sons was called a solitary. An old man who had lost his wife was called a pitiable (widower); an old woman who had lost her husband was called a poor
[1. Hsiâ, Shang or Yin, and Kâu. ]
(widow). These four classes were the most forlorn of Heaven's people, and had none to whom to tell their wants; they all received regular allowances.
14. The dumb, the deaf, the lame, such as had lost a member, pigmies, and mechanics, were all fed according to what work they were able to do.
15. On the roads, men took the right side and women the left; carriages kept in the middle. A man kept behind another who had a father's years; he followed one who might be his elder brother more closely, but still keeping behind, as geese fly after one another in a row. Friends did not pass by one another, when going the same way. (In the case of an old and a young man, carrying burdens,) both were borne by the younger; and if the two were too heavy for one, he took the heavier. A man with grey hair was not allowed to carry anything, though he might do it with one hand.
16. An officer of superior rank, of the age of sixty or seventy, did not walk on foot. A common man, at that age, did not go without flesh to eat.
17. A Great officer, (having land of his own), was' not permitted to borrow the vessels for sacrifice; nor to make vessels for his own private use before he had made those for sacrifice.
I& A space of one lî square contained fields amounting to 900 mâu[1]. Ten lî square were equal to 100 spaces of one lî square, and contained 90,000 mâu. A hundred lî square were equal to 100 spaces of ten lî square, and contained 9,000,999 mâu. A
[1. See note as to the size of the mâu on page 218. ]
thousand lî square were equal to 100 spaces of 100 lî square, and contained 900,000,000 mâu.
19. From mount Hang[1] to the southernmost point of the Ho was hardly 1000 lî. From that point to the Kiang was hardly I000 lî. From the Kiang to mount Hang in the south was more than 1000 lî. From the Ho on the cast to the eastern sea was more than 1000 lî. From the Ho on the east to the same river on the west was hardly 1000 lî; and from that to the Moving Sands[2] was more than 1000 lî. (The kingdom) did not pass the Moving Sands on the west, nor mount Hang on the south. On the east it did not pass the eastern sea, nor on the north did it pass (the other) mount Hang. All within the four seas, taking the length with the breadth, made up a space Of 3000 lî square, and contained eighty trillions of mâu[3].
2o. A space of 100 lî square contained ground to the amount of 9,000,000 mâu. Hills and mounds, forests and thickets, rivers and marshes, ditches and canals, city walls and suburbs. , houses, roads, and
[1. See notes on pages 217, 218. I have said below '(the other) mount Hang;' but the names, or characters for the names, of the two mountains are different in Chinese.
2. What is now called the desert of Gobi.
3. As it is in the text =80 x 10000 x 10000 x 10000 x 10000 mâu. A translator, if I may speak of others from my own experience, is much perplexed in following and verifying the calculations, in this and the other paragraphs before and after it. The Khien-lung editors and Wang Thâo use many pages in pointing out the errors of earlier commentators, and establishing the correct results according to their own views, and 1 have thought it well to content myself with simply giving a translation of the text. ]
lanes took up one third of it, leaving 6,000,000 mâu.
21. Anciently, according to the cubit of Kâu, eight cubits formed a pace.
