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中國哲學書電子化計劃
譯文對照:[不顯示] [英文翻譯]

《呂刑》

英文翻譯:理雅各(James Legge)[?]
提到《呂刑》的書籍 電子圖書館
呂刑:
呂命穆王訓夏贖刑,作《呂刑》。

1 呂刑:
惟呂命,王享國百年,耄,荒度作刑,以詰四方。
Marquis of Lu on...:
In reference to the charge to the marquis of Lu: When the king had occupied the throne till he reached the age of a hundred years, he gave great consideration to the appointment of punishments, in order to deal with (the people of) the four quarters.

2 呂刑:
王曰:「若古有訓,蚩尤惟始作亂,延及于平民,罔不寇賊,鴟義,奸宄,奪攘,矯虔。苗民弗用靈,制以刑,惟作五虐之刑曰法。殺戮無辜,爰始淫為劓、刵、椓、黥。越茲麗刑並制,罔差有辭。民興胥漸,泯泯棼棼,罔中于信,以覆詛盟。虐威庶戮,方告無辜于上。上帝監民,罔有馨香德,刑發聞惟腥。皇帝哀矜庶戮之不辜,報虐以威,遏絕苗民,無世在下。乃命重、黎,絕地天通,罔有降格。群后之逮在下,明明棐常,鰥寡無蓋。
Marquis of Lu on...:
The king said, 'According to the teachings of ancient times, Chi You was the first to produce disorder, which spread among the quiet, orderly people, till all became robbers and murderers, owl-like and yet self-complacent in their conduct, traitors and villains, snatching and filching, dissemblers and oppressors. Among the people of Miao, they did not use the power of goodness, 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 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 Di compassionated the innocent multitudes that were (in danger of) being murdered, and made the oppressors feel the terrors of his majesty. He restrained and (finally) extinguished the people of Miao, so that they should not continue to future generations. Then he commissioned Zhong and Li 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 longer overlooked.

3 呂刑:
皇帝清問下民鰥寡有辭于苗。德威惟畏,德明惟明。乃命三后,恤功于民。伯夷降典,折民惟刑;禹平水土,主名山川;稷降播種,家殖嘉谷。三后成功,惟殷于民。士制百姓于刑之中,以教祗德。穆穆在上,明明在下,灼于四方,罔不惟德之勤,故乃明于刑之中,率乂于民棐彝。典獄非訖于威,惟訖于富。敬忌,罔有擇言在身。惟克天德,自作元命,配享在下。」
Marquis of Lu on...:
'The great Di with an unprejudiced mind carried his enquiries low down among the people, and the solitary and widows laid before him their complaints against the Miao. He awed the people by the majesty of his virtue, and enlightened them by its brightness. He thereupon charged the three princely (ministers) to labour with compassionate anxiety in the people's behalf. Bo-yi delivered his statutes to prevent the people from rendering themselves obnoxious to punishment; Yu reduced to order the water and the land, and presided over the naming of the hills and rivers; Ji spread abroad a knowledge of agriculture, and (the people) extensively cultivated the admirable grains. When the three princes had accomplished their work, it was abundantly well with the people. The Minister of Crime exercised among them the restraint of punishment in exact adaptation to each offence, and taught 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 land), 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. The officers who presided over criminal cases executed the law (fearlessly) against the powerful, and (faithfully) against the wealthy. They were reverent and cautious. They had no occasion to make choice of words to vindicate 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)'.

4 呂刑:
王曰:「嗟!四方司政典獄,非爾惟作天牧?今爾何監?非時伯夷播刑之迪?其今爾何懲?惟時苗民匪察于獄之麗,罔擇吉人,觀于五刑之中;惟時庶威奪貨,斷制五刑,以亂無辜,上帝不蠲,降咎于苗,苗民無辭于罰,乃絕厥世。」
Marquis of Lu on...:
The king said, 'Ah! you who direct the government and preside over criminal cases through all the land, are you not constituted the shepherds of Heaven? To whom ought you now to look as your pattern? Is it not to Bo-yi, 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 Miao, who would not examine into the circumstances of criminal cases, and did not make choice of good officers that 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 would no longer hold them guiltless, and sent down calamity on Miao, when the people had no plea to allege in mitigation of their punishment, and their name was cut off from the world?'

5 呂刑:
王曰:「嗚呼!念之哉。伯父、伯兄、仲叔、季弟、幼子、童孫,皆聽朕言,庶有格命。今爾罔不由慰曰勤,爾罔或戒不勤。天齊于民,俾我一日,非終惟終,在人。爾尚敬逆天命,以奉我一人!雖畏勿畏,雖休勿休。惟敬五刑,以成三德。一人有慶,兆民賴之,其寧惟永。」
Marquis of Lu on...:
The king said, 'Oh! lay it to heart. My 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 only tread the path of satisfaction 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 to) accord with the mind of Heaven, and thus 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 fully to exhibit the three virtues. Then shall I, the One man, enjoy felicity; the people will look to you as their sure dependance; the repose of such a state will be perpetual.'

6 呂刑:
王曰:「吁!來,有邦有土,告爾祥刑。在今爾安百姓,何擇,非人?何敬,非刑?何度,非及?兩造具備,師聽五辭。五辭簡孚,正于五刑。五刑不簡,天于五罰;五罰不服,正于五過。五過之疵:惟官,惟反,惟內,惟貨,惟來。其罪惟均,其審克之!
Marquis of Lu on...:
The king said, 'Ho! come, ye rulers of states and territories, I Will tell you how to make punishments a blessing. It is yours now to give repose to the people; what should you be most concerned about the choosing of? Should it not be the proper men? What should you deal with the most reverently? Should it not be punishments? What should you calculate the most carefully? Should it not be to whom these will reach?
'When both parties are present, (with their documents and witnesses) all complete, let the judges listen to the fivefold statements that 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. Any one of these things should be held equal to the crime (before the judges). Do you carefully examine, and prove yourselves equal to (every difficulty).

7 呂刑:
五刑之疑有赦,五罰之疑有赦,其審克之!簡孚有眾,惟貌有稽。無簡不聽,具嚴天威。墨辟疑赦,其罰百鍰,閱實其罪。劓辟疑赦,其罪惟倍,閱實其罪。剕辟疑赦,其罰倍差,閱實其罪。宮辟疑赦,其罰六百鍰,閱實其罪。大辟疑赦,其罰千鍰,閱實其罪。墨罰之屬千。劓罰之屬千,剕罰之屬五百,宮罰之屬三百,大辟之罰其屬二百。五刑之屬三千。
Marquis of Lu on...:
'When, in a doubtful case, the punishment of branding is forborne, the fine to be laid on instead is 600 ounces (of copper); but you must first have satisfied yourselves as to the crime. When the case would require the cutting off the nose, the fine must be double this - with the same careful determination of the crime. When the punishment would be the cutting off the feet, the fine must be 3000 ounces - with the same careful determination of the crime. When the punishment would be castration, the fine must be 3600 ounces - with the same determination. When the punishment would be death, the fine must be 6000 ounces - with the same determination. Of crimes that may be redeemed by the fine in lieu of branding there are 1000; 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 500 cases; that in lieu of castration, to 300; and that in lieu of death, to 200. Altogether, set against the five punishments, there are 3000 crimes.

8 呂刑:
上下比罪,無僭亂辭,勿用不行,惟察惟法,其審克之!上刑適輕,下服;下刑適重,上服。輕重諸罰有權。刑罰世輕世重,惟齊非齊,有倫有要。罰懲非死,人極于病。非佞折獄,惟良折獄,罔非在中。察辭于差,非從惟從。哀敬折獄,明啟刑書胥占,咸庶中正。其刑其罰,其審克之。獄成而孚,輸而孚。其刑上備,有並兩刑。」
Marquis of Lu on...:
'(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 and 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 tongues 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 resolved not to follow, you may see occasion to follow; with compassion and reverence settle the cases; examine carefully the penal code, and deliberate with all about it, that your decisions may be 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).'

9 呂刑:
王曰:「嗚呼!敬之哉!官伯族姓,朕言多懼。朕敬于刑,有德惟刑。今天相民,作配在下。明清于單辭,民之亂,罔不中聽獄之兩辭,無或私家于獄之兩辭!獄貨非寶,惟府辜功,報以庶尤。永畏惟罰,非天不中,惟人在命。天罰不極,庶民罔有令政在于天下。」
Marquis of Lu on...:
The king said, 'Oh! let there be a feeling of reverence. Ye judges and princes, of the same surname with me, and of other surnames, (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 (each) 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 (so) got by the decision of cases is no precious acquisition; it is an accumulation of guilt, and will be recompensed with many judgments: 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, nowhere under the sky would the people have good government.'

10 呂刑:
王曰:「嗚呼!嗣孫,今往何監,非德?于民之中,尚明聽之哉!哲人惟刑,無疆之辭,屬于五極,咸中有慶。受王嘉師,監于茲祥刑。」
Marquis of Lu on...:
The king said, 'Oh! ye who shall hereafter inherit (the dignities and offices of) the present time, to whom are ye to look for your models? Must it not be to those who 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 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!'

URN: ctp:shang-shu/marquis-of-lu-on-punishments