The fourth division, of Ritual Laws, under twenty-six sections, contains the regulations for state sacrifices and ceremonies, those appertaining to the worship of ancestors, and whatever belongs to heterodox and magical sects or teachers. The heavy penalties threatened in some of these sections against all illegal combinations under the guise of a new form of worship presents an interesting likeness to the restrictions issued by the English, French, and German princes during and after the Reformation. The Chinese authorities had the same dread lest the people should meet and consult how to resist them. Even processions in honor of the gods may be forbidden for good reason, and are not allowed at all at Peking; while, still more, the rites observed by the Emperor cannot be imitated by any unauthorized person; women are not allowed to congregate in the temples, nor magicians to perform any strange incantations. Few of these laws are really necessary, and those against illegal sects are in fact levelled against political associations, which usually take on a religious guise.
The fifth division, of Military Laws, in seventy-one sections, provides for the protection of the palace and government of the army, for guarding frontier passes, management of the imperial cattle, and forwarding despatches by couriers. Some of these ordinances lay down rules for the protection of the Emperor’s person, and the disposition of his body-guard and troops in the palace, the capital, and over the Empire. The sections relating to the government of the army include the rules for the police of cities; and those designed to secure the protection of the frontier comprise all the enactments against foreign intercourse, some of which have already been referred to in passing. The supply of horses and cattle for the army is a matter of some importance, and is minutely regulated; one law orders all persons who possess vicious and dangerous animals to restrain them, and if through neglect any person is killed or wounded, the owner of the animal shall be obliged to redeem himself from the punishment of manslaughter by paying a fine. This provision to compel the owners of unruly beasts to exercise proper restraint over them is like that laid down by Moses in Exodus XXI., 29, 30. There is as yet no general post-office establishment, but governmental couriers often take private letters; local mails are safely carried by express companies. The required rate of travel for the official post is one hundred miles a day, but it does not ordinarily go more than half that distance. Officers of government are allowed ninety days to make the journey from Peking to Canton, a distance of twelve hundred miles, but couriers frequently travel it in twelve days.
The sixth division, on Criminal Laws, is arranged in eleven books, containing in all one hundred and seventy sections, and is the most important of the whole. The clauses under some of the sections are numerous, and show that it is not for want of proper laws or insufficient threatenings that crimes go unpunished. The books of this division relate to robbery, in which is included high treason and renunciation of allegiance; to homicide and murder; quarrelling and fighting; abusive language; indictments, disobedience to parents, and false accusations; bribery and corruption; forging and frauds; incest and adultery; arrests and escapes of criminals, their imprisonment and execution; and, lastly, miscellaneous offences.
Under Section CCCXXIX. it is ordered that any one who is guilty of addressing abusive language to his or her father or mother, or father’s parents, or a wife who rails at her husband’s parents or grandparents, shall be strangled; provided always that the persons so abused themselves complain to the magistrate, and had personally heard the language addressed to them. This law is the same in regard to children as that contained in Leviticus XX., 9, and the power here given the parent does not seem to be productive of evil. Section CCCLXXXI. has reference to “privately hushing up public crimes,” but its penalties are for the most part a dead letter, and a full account of the various modes adopted in the courts of withdrawing cases from the cognizance of superiors, would form a singular chapter in Chinese jurisprudence. Consequently those who refuse every offer to suppress cases are highly lauded by the people. Another section (CCCLXXXVI.) ordains that whoever is guilty of improper conduct, contrary to the spirit of the laws, but not a breach of any specific article, shall be punished at least with forty blows, and with eighty when of a serious nature. Some of the provisions of this part of the code are praiseworthy, but no part of Chinese legislation is so cruel and irregular as criminal jurisprudence. The permission accorded to the judge to torture the criminal opens the door for much inhumanity.
The seventh division contains thirteen sections relating to Public Works and Ways, such as the weaving of interdicted patterns of silk, repairing dikes, and constructing edifices for government. All public residences, granaries, treasuries and manufactories, embankments and dikes of rivers and canals, forts, walls, and mausolea, must be frequently examined, and kept in repair. Poverty or peculation render many of these laws void, and many subterfuges are often practised by the superintending officer to pocket as much of the funds as he can. One officer, when ordered to repair a wall, made the workmen go over it and chip off the faces of the stones still remaining, then plastering up the holes.
Besides these laws and their numerous clauses, every high provincial officer has the right to issue edicts upon such public matters as require regulation, some of them even affecting life and death, either reviving some old law or giving it an application to the case before him, with such modifications as seem to be necessary. He must report these acts to the proper board at Peking. No such order, which for the time has the force of law, is formally repealed, but gradually falls into oblivion, until circumstances again require its reiteration. This mode of publishing statutes gives rise to a sort of common and unwritten law in villages, to which a council of elders sometimes compels individuals to submit; long usage is also another ground for enforcing them.
CRITICISM OF THE CODE.
Still, with all the tortures and punishments allowed by the law, and all the cruelties superadded upon the criminals by irritated officers or rapacious underlings and jailors, a broad survey of Chinese legislation, judged by its results and the general appearance of society, gives the impression of an administration far superior to other Asiatic countries. A favorable comparison has been made in the Edinburgh Review:[219] “By far the most remarkable thing in this code is its great reasonableness, clearness, and consistency, the business-like brevity and directness of the various provisions, and the plainness and moderation in which they are expressed. There is nothing here of the monstrous verbiage of most other Asiatic productions, none of the superstitious deliration, the miserable incoherence, the tremendous non-sequiturs and eternal repetitions of those oracular performances—nothing even of the turgid adulation, accumulated epithets, and fatiguing self-praise of other Eastern despotisms—but a calm, concise, and distinct series of enactments, savoring throughout of practical judgment and European good sense, and if not always conformable to our improved notions of expediency, in general approaching to them more nearly than the codes of most other nations. When we pass, indeed, from the ravings of the Zendavesta or the Puranas to the tone of sense and business in this Chinese collection, we seem to be passing from darkness to light, from the drivellings of dotage to the exercise of an improved understanding; and redundant and absurdly minute as these laws are in many particulars, we scarcely know any European code that is at once so copious and so consistent, or that is so nearly free from intricacy, bigotry, and fiction. In everything relating to political freedom or individual independence it is indeed wofully defective; but for the repression of disorder and the gentle coercion of a vast population, it appears to be equally mild and efficacious. The state of society for which it was formed appears incidentally to be a low and wretched one; but how could its framers have devised a wiser means of maintaining it in peace and tranquillity?”
This encomium is to a certain extent just, but the practice of legislation in China has probably not been materially improved by the mere possession of a reasonable code of laws, though some melioration in jurisprudence has been effected.[220] The infliction of barbarous punishments, such as blinding, cutting off noses, ears, or other parts of the body, still not uncommon in Persia and Turkey, is not allowed or practised in China; and the government, in minor crimes, contents itself with but little more than opprobrious exposure in the pillory, or castigation, which carry with them no degradation.
The defects in this remarkable body of laws arise from several sources. The degree of liberty that can safely be awarded to the subject is not defined in it, and his rights are unknown in law. The government is despotic, but having no efficient military power in their hands, the lawgivers resort to a minuteness of legislation upon the practice of social and relative virtues and duties which interferes with their observance; though it must be remembered that no pulpit or Sabbath-school exists there to expound and enforce them from a higher code, and the laws must be the chief guide in most cases. The code also exhibits a minute attention to trifles, and an effort to legislate for every possible contingency, which must perplex the judge when dealing with the infinite shades of difference occurring in human actions. There are now many vague and obsolete statutes, ready to serve as a handle to prosecute offenders for the gratification of private pique; and although usage and precedent both combine to prove their disuse, malice and bribery can easily effect their reviviscence and application to the case.