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誅不避親戚何? 所以尊君卑臣，強幹弱枝，明善(惡善) [善惡]惡之義也。《春 秋傳》曰:" 季子煞其母兄，何善(示)[爾]? 誅不避母兄，君臣之義. "《尚 書》曰:"肆朕誕以爾東征。"誅弟也。
諸侯有三年之喪，有罪且不誅何? 君子恕己，袞孝子之思慕，不忍加刑罰。《春秋)曰:"晉士(丐)[ 丐]帥師侵齊，至轂，聞齊侯卒，乃旋。"《傳》曰: " 大其不伐喪也。"
諸侯之義，非天子之命不得動眾起兵誅不義者，所以強幹弱枝，尊天子， 卑諸侯 [也]。《論語》曰:"天下有道，則禮樂征伐自天子出。天下無道，則禮樂征伐自諸侯出。"世無聖賢方伯，諸侯有相滅者，力能救者可也? 《論語》曰:"陳恆弒其君，孔子沐浴而朝，請討之。"王者_[諸]侯之子，篡弒其君而立，臣下得誅之者，廣討賊之義也。《春秋傳》曰:"臣弒君，臣不討賊，非臣也。" 又日:"蔡世子班弒其君，楚子誅之。"
佞人當誅何? 為其亂善行，傾覆國政。《韓詩內傳》[曰]: "孔子為魯司寇，先誅正卯; 謂佞道已行，亂政也; 佞道未行，章明、遠之而已。"《論語》曰:"放鄭聲，遠佞人。"
子得為父報讎者，臣子[之]於君父，其義一也。忠臣孝子所以不能已，以恩義不 可奪也。 故日:"父之讎與共天下，兄弟之讎不與共國，朋友之讎不與同朝，族人之 讎不共鄰。"故《春秋傳》曰:"子不復讎，非子。"《檀弓》記子夏問日:"居兄弟 之讎如之何? 仕不與同國，銜君命遇之不闕。"父母以義見煞，子不復讎者，為往來 不止也。《春秋[傳]》曰:"父不受誅，子復讎可[也]。"
[誅者、何謂也]? 誅猶責也，誅其人，責其罪，極其過惡。 《春秋》曰:"楚子 (虎) [虔] 誘蔡侯班煞之于申。"《傳》曰:"誅言之子不立。" 討者何謂 [也]? 討猶除也，欲言臣當掃除君之賊 [也]。《春秋》曰:"衛人煞州吁于濮。"《傳》 曰:"其稱人何? 討賊之辭也。"伐者何謂[也]? 伐、擊也，欲言伐擊之也。《尚 書 [敘]》曰:"武王伐紂。"征者何謂也? 征猶正也，欲言其正也。輕重從辭也。 [《尚書》曰]:"誕以爾東征。" 誅祿甫也。又曰:"甲戍，我惟征徐戎。"戰者何 謂 [也]?《尚書大傅》曰:"戰者、憚警，之也。"《春秋讖》曰:"戰者、延改也。" [弒者何謂也]? 弒者、試也，欲言臣子殺其君父，不敢卒，候閒司事，可稍稍弒之。《易》曰:"臣弒其君，子弒其父，非一朝一夕之故也。"篡者何謂也?篡猶奪也，取也。欲言庶奪嫡，孽奪宗，引奪取其位。《春秋傳》曰:"其[言] (人) [入]何? 篡辭也。"稍稍煞之。 襲者、何謂也? 行不假途，掩人不備也。《春秋傳》曰:"其謂之豢何? 夷狄之也。曷為夷狄之? 秦伯將襲鄭。"人國掩人不備，行不假途，人銜(杖) [枚]，馬繮勒，畫伏夜行為襲也。 諸侯家國，人人家，宜告主人，所以[相]尊敬，防并兼也。《春秋傳》曰:"桓公假途于陳而伐楚。"《禮》曰:"使次(斤) [介]先假途，用束帛。"即如是，諸侯賣王者道，禮無往不反，非謂所賣者也。將入人國，先使大夫執幣假道，主人亦遣大夫迎於郊，為賓主設禮而待之，是其相尊敬也。防并兼奈何? 諸侯之行，必有師旅，恐掩人不備。士卒斂取恆遲，先假途，則預備之矣。
冬至所以休兵不舉事，閉關(啇)[商]旅不行何? 此日陽氣微弱，王者承天理 物，故率天下靜，不復行役，扶助微氣，成萬物也。 故《孝經纖》日:"夏至陰氣始 動，冬至陽氣始萌。"《易》曰:"先王以至日閉關，(啇) [商]旅不行。"夏至陰 始起，反大熱何? 陰氣始起，陽氣推而上，故大熱也。冬至陽始起，陰氣推而上，故大寒也。
92---Relatives are Not Exempt From Execution (II A. 13a).
Why is it that relatives are not exempt from execution? [It is to observe] the Lord's honoured and the subject's lowly [positions], the strength of the trunk and the weakness of the branch. It means [that the Lord] has the duty of treating the capable with goodness and the bad with badness. The Ch'un ch'iu chuan says: "Chi-tzŭ killed his elder brother by the same mother. Why [is the act] approved? The relation between Lord and subject [requires that even] an elder brother by the same mother is not exempted from execution" 1. The Shang shu says: "Therefore [,because Heaven has so ordained and the divinations are all favourable,] I greatly intend with your [help] to castigate the east" 2. [This refers to a case of] the execution of a younger brother 3.
93---Not Executing a Man Who is in Mourning (II A. 13a).
Why is it that a Feudal Lord, when he is observing the three years' mourning, is not subject to execution even if he is guilty of a crime? A Noble Man treats others as he would have himself treated, and has commiseration for the feeling of grief and love of the filial son; he cannot bear to add punishment [to his sorrow]. The Ch'un ch'iu says: "Shih K'a of Chin led an army to invade Ch'i, and had arrived at Ku, when he heard of the death of the Marquis of Ch'i, upon which he returned". The Chuan says: "[The use of the word 'returned' is a sign of] praise for his not attacking [a state which is] in mourning" 4.
94---The Chastising of Robbers (II A. 13a-b).
a.The status of a Feudal Lord [requires that] only at the command of the Son of Heaven may he mobilize the army and take up arms for the execution of the unprincipled, so that the strength of the trunk and the weakness of the branches are taken into account, the Son of Heaven is honoured, and the Feudal Lord is assigned his lower position 5. The Lun yü says: "When in all under Heaven the Way prevails rites, music, and punitive expeditions proceed from the Son of Heaven; when in all under Heaven the Way does not prevail rites, music, and punitive expeditions proceed from the Feudal Lords" 6. b.[But] when, above there being no Son of Heaven and below no Regional Chief, the Feudal Lords are annihilating each other, then he who has the strength and the capacity to save [the country] may do so 7. The Lun yü says: "Ch'ên Hêng had murdered his Sovereign [,the Duke of Ch'i]. Confucius bathed, went to court, and begged [Duke Ai of Lu] to chastise him" 8. c.When a son of the King or of a Feudal Lord kills his Sovereign with the object of setting himself up the subjects have the right to execute him, [the execution] being an extension of their duty to chastise brigands. The Ch'un ch'iu chuan says: "When a subject has killed his Lord, and the [other] subjects do not chastise the brigand, they are not [proper] subjects" 9. [The Ch'un ch'iu] further says: "The Generation-son Pan of Ts'ai murdered his Lord. The Viscount of Ch'u executed him" 10.
95---The Punishing of Capital Crimes (II A. 14a).
When there comes upon the throne a King who has received his mandate [from Heaven], and there [appears to] be a Feudal Lord who has established himself by the murder of his Sovereign, this Lord should be executed, and when he is already dead his son should not be allowed to continue [in his position]: for [the position obtained by] his insurrection should not be inherited 11. The Shih says: "Do not become greatly involved [in crime] in thy land, that the King may elevate thee" 12. This means that a capital crime will be requited [even] posthumously, and he who by robbing the land of the Son of Heaven has established himself as a Feudal Lord will have his line cut off.
96---A Father who Kills His Son (II A. 14a).
If a father kills his son, why ought he to be executed? Because of [all] creations of Heaven and Earth man is the most valuable. All men are born of Heaven, and man is only born of his parents by the delegation of Heaven's [creative-] power [to them]. By the King ['s grace] he is [then] nourished, bred and instructed, therefore a father has no exclusive [rights to his son]. The Ch'un ch'iuchuan says [on the entry]: "The Marquis of Chin kills the Generation-son Shên-shêng": "He is simply called by [the title of] his Lordship, [as a sign of] blame" 13.
97---The Execution of Sycophants (II A. 14a-b).
Why should sycophants 14 be executed? Because they disturb good conduct and upset the state's government. The Han shih nei chuan says: "When Confucius became Minister of Justice of Lu his first act was to execute Shao Chêng-mao 15, of whom he said that his sycophantic ways had always brought confusion in the government of the state". Before [such] sycophantic ways have the opportunity to take effect and manifest themselves one must simply keep away from them 16. The Lun yü says: "Abandon the music of Chêng, and keep away from sycophants" 17.
98---Revenge (II A. 14b).
a. A son has the right to avenge his father because he has the same duty towards him as the subject has towards his Lord. Neither a faithful subject nor a filial son can ever be resigned [to the murder of his Lord or father], for his feelings of gratitude and obligation cannot be taken away from him. Therefore there is the saying: "One cannot share [residence in] all under Heaven with the slayer of one's father, neither live in the same state as the murderer of one's brothers; one cannot go to the same court as the murderer of one's friends, nor belong to the same neighbourhood as the murderer of one's kindred" 18. So the Ch'un ch'iu chuan says: "A son who does not revenge [his father] is not a proper son" 19. The T'an kung chi [says]: "Tzŭ-hsia asked: What should one do with reference to a man who has slain one's brother? [Confucius] replied: He may take office but not in the same state [with the slayer]. If, being on a mission at his ruler's order, he meets him he should not fight with him" 20. b.The reason that when the parents have been righteously executed the son should not revenge them is that that would mean an endless feud 21. The Ch'un ch'iu chuan says: "When the father has been innocently executed the son may revenge him" 22.
99---the Meaning of Chu, T'ao, Fa, Chêng, etc. (II A. 15a-16a).
a.What is the meaning of chu? Chu 'to execute' means tsê 'to hold responsible' 23. To execute a man is to hold him responsible for his crime, he having reached the limit of his faults and wickedness. The Ch'un ch'iu says: "Viscount Ch'ien of Ch'u lured Pan, Marquis of Ts'ai, to Shên, where he killed him" 24. The Chuan says: "The son of a Lord who has been executed for a crime should not be set up [as his successor]" 25. b.What does t'ao mean? T'ao 'to chastise' means ch'u 'to remove' 26. It expresses the idea that a subject ought to sweep away and remove the scoundrel who has slain his Lord. The Ch'un ch'iu says: "The people of Wei put Chou-yü to death at Pu". The Chuan says: "Why [does the Ch'un ch'iu] speak of the people [of Wei]? It is the expression [used in cases] of chastising a brigand" 27. c.What is the meaning of fa? Fa 'to attack' means chi 'to strike' 28. It expresses the idea of attacking and striking 29. The Shangshu hsü says: "King Wu attacked [and struck] Chou [of the Yin Dynasty]" 30. d.What does chêng mean? Chêng 'to castigate' means chêng 'to correct' 31. It conveys the idea of correcting, and is an expression in which the ideas of disapproval and esteem are combined 32. The Shang shu says: "[Therefore] I greatly intend [with your] help to castigate [and correct the conditions in] the east" 33. [This refers to] the execution of Lu-fu 34. Again it says: "On [the day] chia-hsü I am going to castigate [and correct the state of affairs of] the Hsü-jung [tribes]" 35. e.What is the meaning of chan? The Shang shu ta chuan says: "Chan means tan 'to frighten', ching 'to startle'" 36. The Ch'un ch'iu ch'an says: "Chan means tan-kung 'to attack on a grand scale'" 37. f.What is the meaning of shih? Shih 'to murder a superior' means shih 'to test' 38. It expresses the idea that a subject or a son, wishing to kill his Lord or father, dares not act precipitously, but bides his time while preparing his plans, so that he can commit regicide after mature consideration. The I says: "The murder of a ruler by his subject, or of a father by his son, is not the result of [plans made in] one morning or one evening" 39. g.What does ch'uan mean? Ch'uan 'to usurp' means to 'to snatch', ch'ü 'to take' 40. It expresses the idea that a son by a secondary wife snatches [the position of] the son by the principal wife, or a son by a concubine [that of] the eldest son by lineal descent, and by this [act of] snatching takes his position. The Ch'un ch'iu chuan [on the entry: Shuo, Marquis of Wei, sneaked into Wei] says: "Why is [the expression] ju 'to sneak' used? It is an expression [used for cases] of usurpation" 41. h.What is the meaning of hsi42? [It means that an army] moves without asking leave to borrow a road [through another state], and that it takes the unaware by surprise. The Ch'un ch'iu chuan [on the entry: The people of Chin and the Chiang-jung defeated Ch'in at Hsiao] says: "Why is [only the word] Ch'in written? To treat it as a barbarian [state]. Why is it treated as a barbarian [state]? The Earl of Ch'in was going to attack Chêng by surprise" 43. To sneak into 44 [another] state and take the unaware by surprise, in moving [the army] not [to ask permission for] borrowing a road [through another state], to gag the soldiers and muzzle the horses, to lie low at day and march on during the night, that is [what is called] hsi. The Feudal Lords regard their states as their home; to enter another man's home one should [first] announce it to the host, that [both] may respect and honour each other, and encroachments be avoided. The Ch'un ch'iu chuan says: "Duke Huan [of Ch'i] borrows a road from Ch'ên to attack Ch'u" 45. i.The Li says: "The second envoy is sent first [to ask permission] for borrowing a road; he takes with him rolls of silk [as presents]" 46. Does then, in this way, the Feudal Lord sell the road that belongs to the King? [No, because] according to the rites [the present is] not returned if [the requester does not make use of the road and] forgoes his expedition. It is not a case in which one can speak of selling 47. When [an army is] about to enter another state a great officer is sent before with presents [to ask permission] for borrowing a road; the host also sends a great officer to meet [the messenger] in the suburb, where the latter is received according to the rites observed between host and guest. This is [to express both parties'] mutual respect and esteem. j.What is the meaning of avoiding encroachments? When a Feudal Lord moves he is always accompanied by an army of two thousand five hundred men 48, so that there is every opportunity to take the unaware by surprise. The mobilizing of officers and soldiers is a slow process; [but] if [the rule is observed that] first [permission be asked for] borrowing a road [the other state has sufficient time to] make preparations.
100---Resting the Weapons on the Days of the Solstices (II A. 16a-b) 49.
Why is it that on the day of the winter-solstice the weapons are rested, no affairs [of government are] discussed, the passes are closed, and the merchants and travellers stop their journeys? 50 On this day the yang-fluid is small and weak; the King, assisting Heaven in the regulation of the [ten thousand] things, leads all under Heaven to rest, and none is to enter public service; so he aids the weak fluid [in gathering the strength] to develop the ten thousand things. Therefore the Hsiao ching ch'an says: "On the day of the summer-solstice the yin-fluid begins to move, on the day of the winter-solstice the yang-fluid begins to sprout out". The I says: "The Ancient Kings, on the days of the solstices, closed the passes, so that the merchants and travellers stopped their journeys" 51. On the day of the summer-solstice the yin begins to rise; why is it then, on the contrary, very hot? [Though] the yin-fluid has begun to rise the yang-fluid has [still] the upper hand, therefore it is very hot. On the day of the winter-solstice the yang begins to rise; why is it then, on the contrary, very cold? The yin-fluid has [still] the upper hand, therefore it is very cold.
1. Kung yang chu shu, Chuang 32, 9.12a. It refers to the murder of Shu-ya by Chi-tzŭ, recorded in the Ch'un ch'iu simply as "Duke [Huan]'s son [Shu-]ya dies". By the murder Chi-tzŭ prevented a plot against Chuang's son and heir Pan.
2. Shang shu chu shu, Ta kao, 12. 27b; L. 374. In the translation the paraphrase in the Han shu (Biography of Chai Fang-chin, 84.17a) is followed: 故 予 大 目 爾 東 征 . The speech in the Ta kao was addressed to the Feudal Lords by King Ch'êng of Chou before the expedition against the revolting descendant of the Yin Dynasty, who was helped by two brothers of the Duke of Chou, of whom Kuan was afterwards executed (see M.H. I. 245).
3. I.e. Kuan, who was executed by the Duke of Chou, his elder brother (acc. to M.H. IV. 152, and Mêng tzŭ IIa. 9; L. 225, Kuan was the Duke of Chou's elder brother).
4. Kung yang chu shu, Hsiang 19, 20. 14a. See also ch. X, par. 87.
5. Cf. Kung yang chu shu, Hsüan 11, 16.5a: "The status of a Feudal Lord forbids him to chastise of his own accord"; Ch'un ch'iu fan lu 4.10b: "It does not behoove a Feudal Lord [of his own accord] to put an end to a disturbance of the Way".
6. Ch. XVI. 2, Lun yü chu shu, 16.5a; L. 310.
7. Cf. Kung yang chu shu, Hsi 1, 10.2b, where an almost similar statement occurs.
8. Ch. XIV. 22, Lun yü chu shu, 14.13b; L. 284. Cf. Tso chuan, Ai 14 (Legge's transl. p. 837). The expedition, however, did not take place.
9. Kung yang chu shu, Yin 11, 3.24b.
10. The combination of two entries: Hsiang 30 ("The Generation-son Pan of Ts'ai murdered his Lord Ku") and Chao 11 ("Viscount Ch'ien of Ch'u lured Pan, Marquis of Ts'ai, to Shên, where he killed him"). The Kung yang chu shu, 22.21a, however, contains the statement: "The Noble Man does not approve of a chastisement of the unprincipled when it is accompanied by feelings of rancour".
11. Cf. the Kung yang chuan, Chao 11, 22. 22b-23a.
12. Ode 269: Mao shih chu shu, 26.12a; L. 573; K. 17.88; C. 421; Wa. 228. For the translation I followed Mao and Chêng Hsüan.
13. Kung yang chu shu, Hsi 5, 10.21a. Acc. to ch. T'an kung of the Li chi (C. I. 120-122) and the Shih chi (M.H. IV. 265-266) Shên-shêng committed suicide.
14. 妾 人 ning-jên.
15. For this man see Chia yü, 1.4b-5a.
16. Ma Kuo-han (Yü han, 13.70a) and Huang Shih (Huang shih i shu k'ao, 12.47b) take this sentence as belonging to the quotation.
17. Ch. XV. 10, Lun yü chu shu, 15.5b; L. 298. For the music of Chêng see Waley, Analects, p. 250.
18. Cf. Li chi, ch. Ch'ü li (C. I. 56; L. I. 92).
19. Kung yang chu shu, Yin 11, 3.24b.
20. Li chi chu shu, 7.20a; C. I. 148.
21. 往 來 不 止 wang-lai pu-chih. The expression wang-lai 'coming and going' has the same meaning as t'ui-jên 推 刃 'to expose the edge [of a sword]', which occurs in the Kung yang chuan (see next note); in fact, t'ui-jên is glossed by Ho Hsiu as i-wang i-lai 'one going, one coming', i.e. 'continuously'.
22. Kung yang chu shu, Ting 4, 25.20a.
23. chu 誅, tsê 責.
24. Chao 11, summer, 4th month. Cf. n. 10.
25. Kung yang chu shu, Chao 11, 22.23a, where this comm. is not on the entry of the 4th month (see n. 24), but on that of winter, 11th month.
26. t'ao 討 , ch'u 除.
27. Kung yang chu shu, Yin 4, 2.18b. Chou-yü murdered his ruler, the Marquis of Wei. The story is extensively told in the Tso chuan, Yin 3 and 4.
28. fa 伐, chi 擊.
29. fa is sometimes opposed to ch'in 侵. Fa acc. to the Kung yang chuan then means an attack not pursued further than the frontiers of the enemy because the latter submits to the threat; ch'in means an attack crossing the frontiers because the enemy refuses to submit (Kung yang chu shu, Chuang 10, 7.10a). For different explanations of fa and ch'in see the Tso chuan (L. 116), and the Chou li (B. II. 165-166).
30. Shang shu chu shu, T'ai shih hsü, 10.1a; L. 7.
31. 征 猶 正 也 .
32. 輕 重 從 辭 . I have followed Ch'ên's comm. (5.16a). 'To castigate in order to rectify' combines disapproval and esteem. The Mêng tzŭ (VIIb. 2; L. 478) says that 征 chêng is only used for superiors punishing inferiors, not for states that are each other's peers.
33. See n. 2.
34. Lu-fu or Wu-kêng was the descendant of the last Yin Sovereign (cf. M.H. I. 207, n. 4). Cf. also ch. XXXIII, n. 52.
35. Shang shu chu shu, Pi shih, 19.10a-b; L. 624. The speech was delivered by Po-ch'in, Marquis of Lu, son of the Duke of Lu. The story of the expedition is held to be a falsification (Eberhard, Kultur und Siedlung der Randvölker Chinas, p. 395.).
36. 戰 chan , tan 憚, ching 敬.
37. 誕 攻 tan-kung (Ch' ên's reading, 5.16a).
38. 弒 者 試 也 .
39. Chou i chu shu, K'un kua, Wên yen, 2.7b; L. 419.
40. ch'uan 纂, to奪, ch'ü 取.
41. Kung yang chu shu, Chuang 6, 6.20b. For the story of Shuo see the Tso chuan, Hsüan 16 (L. 66). The use of 入ju instead of 歸 kuei is a condemnatory expression (cf. Legge's note in his Tso chuan transl. p. 79).
43. Kung yang chu shu, Hsi 33, 12.30b. I.e., acc. to Kung-yang, normally defeats are recorded with the word shih 'army' or jên 'people'. The Ch'un ch'iu of Tso, however, reads 秦 師; so does Ku-liang's (but apparently not in the first editions acc. to Hung Liang-chi, Ch'un ch'iu tso chuan ku, ch. 2, p. 35).
44. 入 inst. of 人(Ch'ên, 5.17a).
45. Kung yang chu shu, Hsi 4, 10.19b.
46. An abbreviated quotation from the I li (chu shu, P'ing li, 8.10a; C. 289; St. I. 193). The ceremony did not, of course, apply to the Son of Heaven, for whom all under Heaven was his home.
47. 非 所 謂 賣 者 也 (Lu's reading).
48. The text has 師 旅shih lü, i.e. an army of 2,500 and of 500 men (see ch. X, par. 82c); lü here is therefore superfluous. Cf. Tso chuan, Ting 4 (L. 750): "A ruler on his journey is followed by 'an army of 2,500 men' shih, a Minister on his journey is followed by 'an army of 500 men' lü".
49. This paragraph seems to be irrelevant in this chapter.
50. Ch'ên (5.13a) supposes that this rule of rest also applies to the summer-solstice. So does Lu (Pu i, 5b). In this way the quotations which follow also become more relevant.
51. Chou i chu shu, Fu kua, Hsiang, 5.6a; L. 297.
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