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Thy servant, Fei, is by no means diffident of speaking.
As to why he has to hesitate in speaking: if his speeches are
compliant and harmonious, magnificent and orderly, he is
then regarded as ostentatious and insincere; if his speeches
are sincere and courteous, straightforward and careful, he
is then regarded as awkward and unsystematic; if his
speeches are widely cited and subtly composed, frequently
illustrated and continuously analogized, he is then regarded
as empty and unpractical; if his speeches summarize minute
points and present general ideas, being thus plain and
concise, he is then regarded as simple and not discerning;
if his speeches are very personally observing and well-versed
in the inner nature of mankind, he is then regarded
as self-assuming and self-conceited; if his speeches are
erudite and profound, he is then regarded as boastful but
useless; if his speeches touch the details of house-keeping
and estimate each item in terms of numerals, he is then
regarded as vulgar; if his speeches are too much concerned
with worldly affairs and not offensive in wording, he is then
regarded as a coward[2] and a flatterer; if his speeches are
far from commonplace and contrary[3] to human experience,
he is then regarded as fantastic; if his speeches are witty and

eloquent and full of rhetorical excellences, he is then regarded
as flippant; if he discards all literary forms of expression
and speaks solely of the naked facts, he is then regarded
as rustic; and should he quote the Books of Poetry and
History from time to time and act on the teachings of the
former sages, he is then regarded as a book chantor.[4] These
things explain the reason why thy servant, Fei, is diffident
in speaking and worried about speaking.

Therefore, weights and measures, however accurate, are
not always adopted; doctrines and principles, however
perfect, are not always practised. Should His Majesty disbelieve
the minister who speaks to the throne, the minister
would be found guilty of a blunder or condemned to death.

For example, TzŬ-hsü[5] schemed well but was killed by
the King of Wu; Chung-ni[6] taught well but was detained
by the Ruler of K`uang; and Kuan I-wu[7] was really worthy

but was taken prisoner by the Ruler of Lu. Not that these
three statesmen were not worthy, but that the three rulers
were not intelligent.

In remote antiquity, when T`ang[8] was the sanest and
I Yin[9] the wisest of the age, though the wisest attempted to
persuade the sanest, yet he was not welcomed even after
seventy times of persuasion, till he had to handle pans and
bowls and become a cook in order thereby to approach him
and become familiar with him. In consequence T`ang came
to know his worthiness and took him into service. Hence
the saying: "Though the wisest man wants to persuade the
sanest man, he is not necessarily welcomed upon his first
arrival." Such was the case of I Yin's persuading T`ang.
Again the saying: "Though the wise man wants to persuade
the fool, he is not necessarily listened to." Such was the case
of King Wên's[10] persuading Chow.[11]

Thus, just as King Wên attempted to persuade Chow and
was put in jail,[12] Marquis Ih[13] was broiled; Marquis Chiu's[14]
corpse was dried; Pi-kan[15] had his heart cut open; and
Earl Mei's corpse was pickled.[16]

Furthermore, I-wu was bound with chains. Ts`ao Ch`i[17]
absconded to Ch`ên. Pai-li TzŬ[18] begged on his way to the
capital of Ch`in. Fu Yüeh[19] was sold into slavery from place
to place. Sun TzŬ[20] had his feet cut off in Wey. Wu Ch`i[21]
wiped off his tears at Dike Gate, lamented over the impending
cession of the Western River Districts to Ch`in, and was dismembered
in Ch`u. Kung-shu Tso[22] spoke of a man fit to be
a pillar of the state but was regarded as unreasonable, so that
Kung-sun Yang[23] absconded to Ch`in. Kuan Lung-p`êng[24]

was executed. Ch`ang Hung[25] had his intestines chopped
into pieces. Yin TzŬ[26] was thrown into a trap among
brambles. The Minister of War, TzŬ-ch`i,[27] was killed and
his corpse was floated on the Yang-tzŬ River. T`ien Ming[28]
was stoned[29] to death. Mi TzŬ-chien[30] and Hsi-mên Pao[31]
quarrelled with nobody but were killed. Tung An-yü[32]
was killed and his corpse was exposed in the market-place.
Tsai Yü[33] had to suffer the disaster caused by T`ien Ch`ang.[34]
Fan Chü[35] had his ribs broken in Wey.

These tens of men[36] were all benevolent, worthy, loyal,
and upright persons in the world and followers of the right
way and true path of life. Unfortunately they met such
unreasonable, violent, stupid, and crooked masters, and lost
their lives in the long run.

Then, why could these worthies and sages escape death
penalties and evade disgrace? It was because of the difficulty

in persuading fools. Hence every gentleman[37] has to remain
diffident of speaking. Even the best speech displeases the
ear and upsets the heart, and can be appreciated only by
worthy and sage rulers. May Your Majesty therefore
ponder over this memorial of thy servant!

[1]

[OMITTED]. In thought this is similar to Chap. XII which, however, is
far more comprehensive and systematic than this. The historical facts quoted
herein as illustrative of the basic ideas set forth in the first two paragraphs
somehow or other lack coherence and seem even far-fetched in many respects.

[2]

[OMITTED] literally means "clinging to life".

[3]

With Kao Hêng [OMITTED] reads [OMITTED] which means [OMITTED].

[4]

In Chaps. XLIX and L Han Fei TzŬ severely reproached the Confucians
and the Mohists for their constant references to the teachings of the early
kings and therefore condemned them as grubs and idlers. It was not his
intention to attempt a defence of them in this passage, however.

[5]

The pen-name of Wu Yün. He sought refuge in the Wu State when
his father Wu Shê and his elder brother Wu Shang were unjustly executed
by the King of Ch`u in 522 b.c. In 511 b.c. he successfully persuaded King
Ho-lü of Wu to invade Ch`u and thereby avenged his father and brother.
Following the death of King Ho-lü he served King Fu-ch`a. In 494 b.c. he
helped the young king wage a victorious war of revenge with King Kou-chien
of Yüeh. Subsequently, because of Pai P`i's slanders against him, he was
ordered by King Fu-ch`a to commit suicide with the famous Shu-lou sword
(484 b.c.).

[6]

The pen-name of K`ung Ch`iu, namely, Confucius. While travelling
in the K`uang State, he was mistaken for Yang Hu from Lu and was therefore
detained.

[7]

Better known as Kuan Chung. Having served Prince Chiu, he helped
him struggle for the throne with Prince Hsiao-pai when Duke Hsiang of
Ch`i was murdered in 701 b.c. As Hsiao-pai entered the capital first and
ascended the throne, Duke Chuang of Lu, who had been supporting Prince
Chiu, suddenly changed his mind, killed the prince, and sent Kuan Chung
in a prisoner cart to Ch`i. In Ch`i he was released by Hsiao-pai, then Duke
Huan, and appointed Prime Minister.

[8]

The founder of the Yin, or sometimes called Shang, Dynasty.
[OMITTED] above [OMITTED] has no additional sense, but is often added to the name of a
dynasty or a ruler so as to increase its dignity.

[9]

He was afterwards appointed Prime Minister by King T`ang.

[10]

His real name was Chi Ch`ang and the royal title was attributed to him
after his death by his son, King Wu, founder of the Chou Dynasty.

[11]

The last ruler of the Yin Dynasty and was like Chieh, the last ruler
of the Hsia Dynasty, known for his personal vices and misgovernment.

[12]

At Yu-li for seven years (1144-1137 b.c.).

[13]

Also called Marquis Ngo as Ih and Ngo were two places very close
to each other.

[14]

The Historical Records has [OMITTED] in place of [OMITTED].

[15]

An uncle of Chow.

[16]

All these worthies were Chow's ministers.

[17]

He remonstrated with Duke Chuang of Ts`ao thrice but was never
listened to, so that he had to abscond to the Ch`ên State.

[18]

With Ku Kuang-ts`ê [OMITTED] should be [OMITTED]. His full name was Pai-li Hsi.
He made his way through all hazards to Ch`in, till he succeeded in introducing
himself to Duke Mu.

[19]

Prime minister to King Wu-ting of the Yin Dynasty.

[20]

His full name was Sun Pin. When his fellow disciple named P`ang
Chüan, who had studied military science with him under Kuei-ku TzŬ or
Philosopher of the Devil Valley, became the commander-in-chief of the Wey
army, he went to work under him. Meanwhile, P`ang Chüan became jealous
of his talent, slandered him, and had his feet cut off through official censure.
Thereupon he feigned himself insane and managed to go back to the Ch`i
State, where he was charged with military affairs. In 341 b.c. he waged a
successful war with Wey, during which P`ang Chüan was killed in ambush.

[21]

When he was Governor of the Western River Districts, Wang Tso
slandered him, so that Marquis Wu of Wey dismissed him. On leaving his
post, he stopped his carriage at Dike Gate and cast the last glance over the
district and shed tears at the thought of its impending doom. In 387 b.c.
he sought refuge in the Ch`u State and was appointed Prime Minister by
King Cho. Despite all the meritorious services he had rendered to the
country, he was dismembered by his political enemies upon the king's death
in 381 b.c.

[22]

Prime minister to King Hui of Wey and patron of Kung-sun Yang.
From his death-bed he told the king to appoint Yang his successor otherwise
not to allow him to leave the country. Considering the dying man's opinion
absurd, the King neither appointed Yang to office nor put him to death.

[23]

He entered Ch`in in 361 b.c. As soon as he was entrusted by Duke
Hsiao in 359 b.c. with all state affairs, he began to enforce his legalism. He
enriched the state and strengthened the army and caused Wey many humiliating
defeats till King Hui regretted with a sigh that he had not taken Kung-shu
Tso's advice.

[24]

He remonstrated with King Chieh against the construction of a wine
pool and was killed because he would not stop remonstrating.

[25]

A worthy minister to King Ling of Chou.

[26]

No record of his life and times is left.

[27]

Killed in 478 b.c. during the uprising caused by Prince Pai Shêng.

[28]

No record of his life and times is left.

[29]

With Yü Yüch [OMITTED] means [OMITTED].

[30]

A disciple of Confucius.

[31]

A minister to Marquis Wên of Wey.

[32]

A minister to Viscount Chien of Chao.

[33]

Tsai Yü, a disciple of Confucius, and Kan Chih, T`ien Ch`ang's rival,
had the same pen-name, that is, TzŬ-wo. Therefore, Han Fei TzŬ mistook
Tsai Yü for Kan Chih.

[34]

In 481 b.c.

[35]

When Hsü Ku was sent to Ch`i as special envoy, Fan Chü was an
attaché. His eloquence won great praises from the King of Ch`i but incurred
Hsü Ku's suspicion. After their return to Wey, Hsü Ku told Premier
Wey Ch`i that Fan Chü had betrayed the Wey State. Therefore Fan Chü
was arrested and tortured till his ribs and teeth were broken. He then feigned
himself dead and finally stole away to Ch`in, where he was appointed to
office in 270 b.c.

[36]

[OMITTED] should be [OMITTED] because the number of the worthies
enumerated is above twenty.

[37]

[OMITTED]. The superior man or plainly gentleman was here taken as the
model man, which was, no doubt, due to the Confucian influences Han Fei
TzŬ had received from Hsün TzŬ under whom he had spent the formative
period of his thought.

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Chapter III

ON THE DIFFICULTY IN SPEAKING[1] : A MEMORIAL

ON THE DIFFICULTY IN SPEAKING[1] : A
MEMORIAL