London Labour and the London Poor, Vol. 4

by Henry Mayhew

Polygamy is allowed in China, but under certain regulations. The first wife is usually chosen from a family equal in rank and riches to that of the husband, and is affianced with as much splendour and ceremony as the parties can afford. She acquires all the rights which belong to the chief wife in any Asiatic country. The man may then take as many as he pleases, who are inferior in rank to the first, but equal to each other. The term inferior wife is more applicable than that of concubine, as there is a form of espousal, and their children have a contingent claim to the inheritance. The practice, however, brings no honour, if it brings no positive shame, though now sanctioned by long habit. Originally it appears to have been condemned by the stricter moralists, and it has been observed that the Chinese term to describe this kind of companion is, curiously enough, compounded of the words crime and woman. It is a derogatory position, and such as only the poor and humble will consent to occupy. One of the national sayings, and the feeling with many of the women, is, that it is more honourable to be a poor man’s wife than the concubine of an emperor. A man cannot, under the penalty of a hundred blows, degrade his first wife to this position, or raise an inferior wife to hers—no such act is valid before the law.

None but the rich can afford, and none but the loose and luxurious will practise, polygamy except when the first wife fails to bear a son. Unless some such reason exists, the opinion of moralists is against it. Men with too many wives lose the Emperor’s confidence, since he accuses them of being absorbed in domestic concerns. In this case it is usual to take an inferior wife, who is purchased from the lower ranks for a sum of money, that an heir may be born to the house. The situation of these poor creatures is aggravated or softened according to the disposition of their chief, for they are virtually her servants, and are not allowed even to eat in her presence. They receive no elevation by her decease, but are for ever the mere slaves of their master’s lust. At the same time their inferior position, and therefore inferior consequence, gains them some agreeable privileges. The principal wife is not allowed to indulge in conversation or any free intercourse with strangers—a pleasure which is sometimes enjoyed with little restraint by the others, as well as by the female domestics. Not much jealousy appears to be entertained by these women, who are easily to be procured. Their sons receive half as much patrimony as the sons of the mistress of the household.

The social laws of China inculcate the good treatment of wives; but the main solicitude of the legislator has been with respect to the fixity of the law, and the rights of the male or supreme sex. Leaving her parents’ home, the girl is transferred into bondage. Some men, however, go to the house of their bride’s father, which is contrary to the established form; but when once received across the threshold as a son-in-law, he cannot be ejected, and leaves only when he is inclined.

A man may not marry within a certain period of his chief wife’s death; but if he takes a woman who has already been his concubine, the punishment is two degrees milder. So also with widows, who cannot be forced by their friends to make any new engagement at all, but are protected by the law. Women left in this position have a powerful dissuasive against a fresh union, in the entire independence which they enjoy, and which they could enjoy under no other circumstances.

With respect to the laws relating to consanguinity, the Chinese system is particularly rigid. The prohibited limits lie very widely apart. In this a change appears to have been effected under the Mantchus, for among the traces of ancient manners which become visible at a remoter period, revealed only, however, by the twilight of tradition, a profligate state of public morals is indicated. We find parents giving both their daughters in marriage to one man, while the intercourse of the sexes was all but entirely unrestrained. The strictness of the modern law is attended with some inconvenient results, for in China the number of family names is very small, while it enacted that all marriages between persons of the same family names are not only null and void, but punishable by blows and a fine. All such contracts between individuals previously related by marriage within four degrees, are denounced as incestuous. A man may not marry his father’s or his mother’s sister-in-law, his father’s or mother’s aunt’s daughter, his son-in-law’s or daughter-in-law’s sister, his grandson’s wife’s sister, his mother’s brother’s or sister’s daughter, or any blood relations whatever, to any degree, however remote. Such offences are punished with the bamboo. Death by strangling is enacted against one who marries a brother’s widow, while with a grandfather’s or father’s wife it is more particularly infamous, and the criminal suffers the extreme disgrace of decapitation.

These regulations apply to the first wife, similar offences with regard to the inferior being visited with penalties two degrees less severe. Not only, however, are the degrees of consanguinity strictly defined, but the union of classes is under restriction. An officer of government within the third order marrying into a family under his jurisdiction, or in which legal proceedings are under his investigation, is subject to heavy punishment. The family of the girl, if they voluntarily aid him, incur the chastisement also; but if they have submitted under fear of his authority, they are exempt. To marry an absconded female, flying from justice, is prohibited. To take forcibly as a wife a freeman’s daughter, subjects the offender to death by strangulation. An officer of government, or the son of any high functionary with hereditary honours, who takes as his first or inferior wife a female comedian or musician, or any member of a disreputable class, is punished by sixty strokes of the bamboo. An equal punishment is inflicted on any priest who marries at all; and, in addition to this, he is expelled his order. If he delude a woman under false pretences, he incurs the penalty of the worst incest. Slaves and free persons are forbidden to intermarry. Any person, conniving at, or neglecting to denounce, such illegal contracts, are criminals before the law.

The union after the betrothal must be completed; but it may also be broken. Seven causes, according to the law, justify a man in repudiating his first wife. These are—barrenness, lasciviousness, disregard of her husband’s parents, talkativeness, thievish propensities, an envious suspicious temper, and inveterate infirmity. If, however, any of the three legal reasons against divorce can be proved by the woman, she cannot be put away—first, that she has mourned three years for her husband’s family; second, that the family has become rich after having been poor before and at the time of marriage; third, her having no father or mother living to receive her. She is thus protected, in some measure, from her husband’s caprice. If she commit adultery, however, he dare not retain, but must dismiss her. If she abscond against his will, she may be severely flogged; if she commit bigamy, she is strangled. When a man leaves his home, his wife must remain in it three years before she can sue for a divorce, and then give notice of her intention before a public tribunal. It is forbidden, under peremptory enactments, to harbour a fugitive wife or female servant.

A man finding his wife in the act of adultery may kill her with her paramour, provided he does it immediately, but only on that condition. If the guilty wife adds to her crime by intriguing against her husband’s life, she dies by a slow and painful execution. If even the adulterer slay her husband without her knowledge, she is strangled. The privilege of putting a wife to death is not allowed for any inferior offence. To strike a husband, is punishable by a hundred blows and divorce; to disable him, with strangulation. In all these circumstances the inferior wife is punished one degree more severely. Thus offences against them are less harshly, and offences by them more rigidly, chastised. In addition to these legal visitations the bamboo is at hand to preserve discipline among the women.

One of the laws of China exhibits a peculiar feature of depravity in the people. It is enacted, that whoever lends his wife or daughter upon hire is to be severely punished, and any one falsely bargaining away his wife or his sister is to be similarly dealt with. All persons consenting to the transaction share the penalty. Nor is this an obsolete enactment against an unknown crime. Instances do not unfrequently occur of poor men selling their wives as concubines to their wealthier neighbours. Others prostitute them for gain; but these instances of profligacy usually occur in the large and crowded cities. Sometimes the woman consents, but sometimes also opposes the infamous design.

In 1832 a woman was condemned to strangulation for killing her husband by accident, while resisting an adulterer whom he had introduced for her to prostitute herself to him. These incidents occur only in the lowest class. Some men are as jealous as Turks, and maintain eunuchs to guard their wives.