Suddenly a priest, followed by others, burst into the cavern and in a moment it was filled with their red-glaring torches.

The Breton did not move nor raise his head.

Holding their flaming knots overhead, the priests surrounded the two motionless figures on the cavern’s floor, but as they looked their clangour and jibes grew still, for that silencer, Grief, was amongst them.

Presently one of them stepped from out of the circle and rested his hand on the Breton’s shoulder.

“Come.”

CHAPTER NINE
JUDGMENT

While the penal laws of China are the old codes of the ancient world, their antiquity is not significant of their decay, and though some of them were in force on those days when the Rameses held their High Courts; when Moses judged from Sinai and Solon revised the Laws of Draco, they still deal out justice to mankind. While Egypt’s Empire is buried under a waste of ages and the marbles of Athens are the sarcophagus of its laws and their makers. The Children of God, no longer dwelling under their splintered Mont, are lawless and scattered abroad as small dust. Yet the old Code of China remains vigorous and pristine, exercising in the same lands their power over one-third the human race.

This Code, begun at that period the Occident regards almost as civilisation’s break of day, is not less than a Promethean performance, regardless of the fact as to whether it was proclaimed in the beginning of human institutions or at the present time. No example of man’s intellect is more remarkable. It not only has all the principles of modern legislature, but it has them tempered and strengthened by the experience of the fullest ages of man; it gives the right of pardon, the right of appeal, respect for individual liberty, and holds responsible magistrates charged with repression of crime. It is majestic in its plainness, its reasonableness, its consistency and moderation. Without incoherence, it calmly, concisely lays down laws for man’s conduct, and no European Code is at once so copious and consistent or is so free from intricacy, bigotry, and fiction as are these old laws of China.

Yet few penal codes portray so many apparently paradoxical principles of judicature; the unaccountable mixture of cruelty to prisoners, mingled with a paternal solicitude for the welfare and happiness of the people; with a constant fatherly effort to coax them into obedience and yet with the hand of cold rage punishing the guilty. But in this strange attitude is exhibited one of the basic principles of Chinese criminal law; by the rigour of its punishments it is intended that the law shall operate in terrorem, and the penalties laid down in the Code are almost always higher than the punishments intended to be inflicted. This is done, not only that the sovereign may exercise his mercy beyond the bonds of the law,—the commonness of which proving its beneficial effects,—but also that those tempted to commit crime are by the very terror of relentless punishment restrained in pathways of uprightness.

Let it be said, however, that in all its phases the Code of China—notwithstanding the terror of its punishments—shows a paternal solicitude for those over whom it lifts its terrible but not unkindly hand. Like a father it threatens and coaxes; like a mother it punishes and caresses. Thus the common name by which the people address magistrates is “Our Father and Mother.” With parental care this heavy Code endeavours to legislate for every possible contingency and exercise its power justly in all of the infinite shades of difference that grow out of human contention. It is minute yet concise, redundant but direct; it is restrictive, making the responsibility of officials such that they can be put to death for not enforcing the laws; and yet it permits magistrates many liberties provided they do not interfere with the ultimate execution of justice. Under this Code there are no juries to panel, there are no lawyers to delay the course of justice nor pervert it. The magistrate is judge, jury, and lawyer. He summons, questions, decides. Trials are open to the public and there is heard the testimony of witnesses; there it is considered and judgment rendered.