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684 book IX In my observation, these two incidents are not really as marvelous as they appear to be. The reason that swallows build their nests on the beam of a man’s house is to avoid harm and danger by depending on humans, and the reason that sparrows chirp at a tiled roof is to eliminate disaster by appealing to humans. It is not really uncommon that birds or beasts appeal to humans. Nevertheless, those who are foolish and insensitive are hardly aware of this; only the intelligent realize the meaning of their signs. CHAPTER : TRIAL HEARINGS II Litigation over Grave Sites Has Now Become a Corrupt Custom. Half the Incidents Involving Murder and Assault Are Due to Disputes over Grave Sites. Believing That It Is Their Filial Duty, Some People Dare to Destroy the Tombs of Others [to Bury Their Own Ancestors]. The Magistrate, Therefore, Cannot Help Making His Judgment Clear. According to the “Spring Office” in Rites of Zhou, “The grave maker [zhongren] takes charge of the royal tombs, demarcating the site and drawing the components on it. The tomb of the former king is established in the middle, and zhao and mu on the left and right, respectively. The magnitude of the tomb and the number of trees planted around it depend on the title and rank of the person buried in it. He makes sure that each tomb is properly placed in line, and the grave site is fully cleared, and its boundary is well kept.” Zheng Xuan stated, “The tombs of kings and dukes are called hill [qiu], and those of their subjects fief [feng]. The law code of the Han dynasty regulates that the height of the tombs belonging to marquises [liehou] is 4 zhang, and the height of the tombs is graded on the basis of rank and title from marquises residing in the vicinity of the capital [kuannei hou] down to commoners.” 60. Zhao (᫓) and mu (✍) originally referred to the order in which ancestral tablets were arranged in the shrine. However, here they appear to indicate the stone figures lined up on both sides in front of the royal tomb. After the Heavenly Son, the first-generation king, is established in the middle, the second, the fourth, and the sixth, who belong to zhao, are placed on the left side, and the third, the fifth, and the seventh, who belong to mu, on the right side. Hence, in the case of the Heavenly Son, there are three zhaos and three mus with one shrine (miao); in the case of various marquises , two zhaos and two mus with one shrine; in the case of grand masters, one zhao, one mu, with one shrine. The burial also followed the order of the ancestral tablets, and during the sacrifice the attending descendants lined up in two files, zhao and mu. 61. A title of nobility, usually next in prestige after prince (wang) and duke (gong), sometimes hereditary, sometimes conferred for special merit. 62. A measure of height. One zhang is 10 chi (ᑵ; Kor. ch’ŏk). 63. The nineteenth of twenty titles of nobility awarded to exceptionally meritorious personages (Hucker, A Dictionary of Official Titles in Imperial China, 286). Administration of Justice 685 Gu Gongyan stated as follows: “The mound of a high-ranking personage’s tomb is made tall, with many trees planted around the tomb; that of a lowranking personage’s tomb is made low, with relatively few trees. According to the Prophetic Commentaries on the Spring and Autumn Annals [Chunqiuwei], ‘The mound of the imperial tomb is 3 ren in height, and pine trees are planted around it; that of a marquis’s tomb is half the imperial tomb in height, and pinecone trees are planted around it; that of a grand master’s tomb is 8 chi in height, and medicinal herbs are planted around it; those of literati’s tombs are 4 chi in height, and zelkova trees are planted around them; and no mound is made on the tomb of a commoner, and willows are planted around it.’” That Confucius is said to have made the tomb of his parents 4 chi in height when he buried them together in the land of Fang, in my view, indicates that he followed the rule of rites for the class of literati. However, Confucius said, “In olden days graves used to be made without mounds. I could not help making a mound for my parents’ tomb because I had to travel...

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