Classic of Documents

In reference to the charge to the prince of Leu:—When the king had enjoyed the throne till he was the age of a hundred years, he gave great consideration to the appointment of punishments, in order to restrain the people of all quarters.

The king said, “According to the teachings of ancient times, Ch‘e-yew was the first to produce disorder, which spread among the common people, till all became robbers and murderers, owllike in their conduct, traitors and villains, snatching and filching, dissemblers and oppressors.

“Among the people of Meaou, they did not use the power of good, but the restraint of punishments. They made the five punishments engines of oppression, calling them the laws. They slaughtered the innocent, and were the first also to go to excess in cutting off the nose, cutting off the ears, castration, and branding. All who became liable to those punishments were dealt with without distinction, no difference being made in favour of those who could offer some excuse.

The mass of the people were gradually affected by this state of things, and became dark and disorderly. Their hearts were no more set on good faith, but they violated their oaths and covenants. The multitudes who suffered from the oppressive terrors, and were in danger of being murdered, declared their innocence to Heaven. God surveyed the people, and there was no fragrance of virtue arising from them, but the rank odour of their cruel punishments.

“The great emperor compassionated the innocent multitudes who were in danger of being murdered, and made the oppressors feel the terrors of his majesty. He restrained and finally extinguished the people of Meaou, so that they should not continue to future generations.

Then he commissioned Ch‘ung and Le to make an end of the communications between earth and heaven, and the descents of spirits ceased. From the princes down to the inferior officers, all helped with clear intelligence the spread of the regular principles of duty, and the solitary and widows were no more disregarded.

The great emperor with an unprejudiced mind carried his inquiries low down among the people, and the solitary and widows laid before him their complaints against the Meaou. He sought to awe the people by his virtue, and all were filled with dread; he proceeded also to enlighten them by his virtue, and all were enlightened.

And he charged the three chiefs to labour with compassionate anxiety in the people’s behalf. The baron E delivered the statutes of ceremony, to prevent the people from rendering themselves obnoxious to punishment. Yu reduced to order the water and the land, distinguishing by name the hills and rivers. Tseih spread abroad a knowledge of husbandry, so that the people could largely cultivate the admirable grains. When the three chiefs had accomplished their work, it was abundantly well with the people.

The minister of Crime exercised among the people the restraint of punishments, in exact adaptation to each offence, to teach them to reverence virtue.

The greatest gravity and harmony in the sovereign, and the greatest intelligence in those below him, thus shining forth to all quarters of the empire, all were rendered diligent in cultivating their virtue. Hence, if anything more were wanted, the clear adjudication of punishments effected the regulation of the people, and helped them to observe the regular duties of life.

In examining criminal cases, the officers executed the law not only against the powerful, but also against the wealthy. They were all reverence and caution. They had no occasion to make choice of words in reference to their conduct. The virtue of Heaven was attained to by them; from them was the determination of so great a matter as the lives of men. In their low sphere they yet corresponded to Heaven, and enjoyed its favour.”

The king said, “Ah! you who superintend the government and preside over criminal cases throughout the empire, are you not constituted the shepherds of Heaven? Whom ought you now to survey as your model? Is it not Pih-e, spreading among the people his lessons to avert punishments? And from whom ought you now to take warning? Is it not from the people of Meaou, who would not examine into the circumstances of criminal cases, and did not make choice of good officers who should see to the right apportioning of the five punishments, but chose the violent and bribe-snatchers, who determined and administered them so as to oppress the innocent, until God could not hold them guiltless, and sent down calamity on Meaou, when the people had no plea to urge in mitigation of punishment, and their name was cut off from the world?”

The king said, “Oh! lay it to heart. My senior uncles, and all ye my brethren and cousins, my sons and my grandsons, listen all of you to my words, in which, it may be, you will receive a most important charge. You will tread the path of satisfaction only by being daily diligent;—do not have occasion to beware of the want of diligence. Heaven, in its wish to regulate the people, allows us for a day to make use of punishments. Whether crimes have been premeditated, or are unpremeditated, depends on the parties concerned;—do you deal with them so as reverently to accord with the mind of Heaven, and serve me, the one man. Though I would put them to death, do not you therefore put them to death; though I would spare them, do not you therefore spare them. Reverently apportion the five punishments, so as to complete the three virtues. Then shall I, the one man, enjoy felicity; the people will look to you as their sure dependence; the repose of such a state will be perpetual.”

The king said, “Ho! come, ye rulers of States and territories, I will tell you how to make punishments a blessing. Now it is yours to give repose to the people:—what should you be most concerned about the choosing of? Should it not be proper men? What should you deal with the most reverently? Should it not be punishments? What should you calculate the most? Should it not be to whom they should reach?

“When both parties are present, with their documents and witnesses all complete, let all the judges listen to the five-fold statements which may be made. When they have examined and fully made up their minds on those, let them adjust the case to one of the five punishments. If the five punishments do not meet it, let them adjust it to one of the five redemption-fines; and if these again are not sufficient for it, let them reckon it among the five cases of error.

“In settling the five cases of error there are evils to be guarded against;—being warped by the influence of power, or by private grudge, or by female solicitation, or by bribes, or by applications. Where such things are, the offence becomes equal to the crime before the judges. Do you carefully examine, and prove yourselves equal to every difficulty.

“When there are doubts as to the infliction of any of the five punishments, that infliction should be forborne. When there are doubts as to the infliction of any of the five fines, it should be forborne. Do you examine carefully, and overcome every difficulty. When you have examined, and many things are clear, yet form a judgment from studying the appearance of the parties. If you find nothing on examination, do not listen to the case any more. In everything stand in awe of the dread majesty of Heaven.

“When in a doubtful case the infliction of branding is forborne, the fine laid on instead must be 600 ounces of copper; but you must first have satisfied yourselves as to the crime. When the case has reference to the cutting off the nose, the fine must be double this, the same care having been taken to determine the crime. Where the penalty would be cutting off the feet, the fine must be 3, 000 ounces;—with the same careful determination of the crime. Where the penalty would be castration, the fine must be 3, 000 ounces;—with the same careful determination of the crime. Where the punishment would be death, the fine must be 6, 000 ounces;—- with the same careful determination of the crime. Of crimes that may be redeemed by the fine in lieu of branding there are 1, 000, and the same number of those that would otherwise incur cutting off the nose. The fine in lieu of cutting off the feet extends to cases; that in lieu of castration to 300; and that in lieu of death to 200. Altogether, set against the five punishments there are 3, 000 crimes. In the case of others not exactly defined, you must class them with the next higher or next lower offences, not admitting assumptive and disorderly pleadings, and not using obsolete laws. Examine; act lawfully:—judging carefully, and proving yourselves equal to every difficulty.

“Where the crime should incur one of the higher punishments, but there are mitigating circumstances, apply to it the next lower. Where it should incur one of the lower punishments, but there are aggravating circumstances, apply to it the next higher. The light and heavy fines are to be apportioned in the same way by the balance of circumstances. Punishments and fines should also be light in one age and heavy in another. To secure uniformity in this seeming irregularity, there are certain relations of things to be considered, and the essential principle to be observed.

“The chastisement of fines is short of death, yet it will produce extreme distress. They are not therefore persons of artful tongue who should determine criminal cases, but really good persons, whose awards will hit the right mean. Examine carefully where there are any discrepancies in the statements; the view which you were determined not to follow you may see occasion to follow; with compassion and reverence settle the cases; examine clearly the penal code and deliberate with all your assessors, that your decisions may be all likely to hit the proper mean and be correct:—whether it be the infliction of a punishment or a fine, examining carefully, and mastering every difficulty. When the case is thus concluded, all parties will acknowledge the justice of the sentence; and when it is reported, the sovereign will do the same. In sending up reports of cases, they must be full and complete. If a man have been tried on two counts, his two punishments must be recorded.”

The king said, “Oh! let there be a feeling of reverence. Ye judges and chiefs, and all ye who my relatives are of the royal House, know all that I speak in much fear. I think with reverence of the subject of punishment, for the end of it is to promote virtue. Now Heaven, wishing to help the people, has made us its representatives here below. Be intelligent and pure in hearing one side of a case. The right ordering of the people depends on the impartial hearing of the pleas on both sides;—do not seek for private advantage to yourselves by means of those pleas. Gain got by the decision of cases is no precious acquisition; it is an accumulation of guilt, and will be recompensed with many evils:—you should ever stand in awe of the punishment of Heaven. It is not Heaven that does not deal impartially with men, but men ruin themselves. If the punishment of Heaven were not so extreme, the people would have no good government all under heaven.”

The king said, “Oh! ye who shall hereafter inherit the dignities and offices of the present time, to whom are ye to go for your models? Must it not be to those who maintained and promoted the virtue belonging to the unbiassed nature of the people. I pray you give attention to my words. The wise men of antiquity by their use of punishments have obtained boundless fame. Everything relating to the five punishments exactly hit with them the due mean, and hence came their excellence. Receiving from your sovereigns the good multitudes, behold in the case of those men punishments made felicitous.”