Book XXVII.
The Marquis of Lü on Punishments.
The charge or charges recorded in this Book were given in the hundredth year of the king's age. The king, it is again understood, was Mû; and the hundredth year of his age would be B.C. 952. The title of the Book in Chinese is simply 'Lü's Punishments,' and I conclude that Lü, or the marquis of Lü, was a high minister who prepared, by the king's orders, a code of punishments for the regulation of the kingdom, in connexion with the undertaking, or the completion, of which the king delivered to his princes and judges the sentiments that are here preserved.
The common view is that Lü is the name of a principality, the marquis of which was Mû's Minister of Crime. Where it was is not well known, and as the Book is quoted in the Lî Kî several times under the title of 'Fû on Punishments,' it is supposed that Lü and Fû (a small marquisate in the present Ho-nan) were the same.
The whole Book is divided into seven chapters. The first is merely a brief introduction, the historiographer's account of the circumstances in which king Mû delivered his lessons. Each of the other chapters begins with the words, 'The king said.' The first two of them are an historical resumé of the lessons of antiquity on the subject of punishments, and an inculcation on the princes and officers of justice to give heed to them, and learn from them. The next two tell the princes of the diligence and carefulness to be employed in the use of punishments, and how they can make punishments a blessing. The fourth chapter treats principally of the commutation or redemption of punishments, and has been very strongly condemned by critics and moralists. They express their surprise that such a document should be in the Shû, and, holding that the collection was made by Confucius, venture to ask what the sage meant by admitting it. There is, in fact, no evidence that the redemption of punishments on the scale here laid down, existed in China before Mû's time. It has entered, however, into the penal code of every subsequent dynasty. Great official corruption and depravation of the general morality would seem to be inseparable from such a system. The fifth chapter returns again to the
