Myths and Legends of China

CHAPTER I-3

General Government

The general division of the nation was into the King and the People, The former was regarded as appointed by the will of Heaven and as the parent of the latter. Besides being king, he was also law-giver, commander-in-chief of the armies, high priest, and master of ceremonies. The people were divided into four classes: (1) Shih, Officers (later Scholars), consisting of Ch'ên, Officials (a few of whom were ennobled), and Shên Shih, Gentry; (2) Nung, Agriculturists; (3) Kung, Artisans; and (4) Shang, Merchants.

For administrative purposes there were at the seat of central government (which, first at P'ing-yang—in modern Shansi—was moved eleven times during the Feudal Period, and was finally at Yin) ministers, or ministers and a hierarchy of officials, the country being divided into provinces, varying in number from nine in the earliest times to thirty-six under the First Emperor, 221 B.C., and finally twenty-two at the present day. At first these provinces contained states, which were models of the central state, the ruler's 'Middle Kingdom.' The provincial administration was in the hands of twelve Pastors or Lord-Lieutenants. They were the chiefs of all the nobles in a province. Civil and military offices were not differentiated. The feudal lords or princes of states often resided at the king's court, officers of that court being also sent forth as princes of states. The king was the source of legislation and administered justice. The princes in their several states had the power of rewards and punishments. Revenue was derived from a tithe on the land, from the income of artisans, merchants, fishermen, foresters, and from the tribute brought by savage tribes.

The general structure and principles of this system of administration remained the same, with few variations, down to the end of the Monarchical Period in 1912. At the end of that period we find the emperor still considered as of divine descent, still the head of the civil, legislative, military, ecclesiastical, and ceremonial administration, with the nation still divided into the same four classes. The chief ministries at the capital, Peking, could in most cases trace their descent from their prototypes of feudal times, and the principal provincial administrative officials—the Governor-General or Viceroy, governor, provincial treasurer, judge, etc.—had similarly a pedigree running back to offices then existing—a continuous duration of adherence to type which is probably unique.

Appointment to office was at first by selection, followed by an examination to test proficiency; later was introduced the system of public competitive literary examinations for office, fully organized in the seventeenth century, and abolished in 1903, when official positions were thrown open to the graduates of colleges established on a modern basis.

In 1912, on the overthrow of the Manchu monarchy, China became a republic, with an elected President, and a Parliament consisting of a Senate and House of Representatives. The various government departments were reorganized on Western lines, and a large number of new offices instituted. Up to the present year the Law of the Constitution, owing to political dissension between the North and the South, has not been put into force.

Laws

Chinese law, like primitive law generally, was not instituted in order to ensure justice between man and man; its object was to enforce subordination of the ruled to the ruler. The laws were punitive and vindictive rather than reformatory or remedial, criminal rather than civil. Punishments were cruel: branding, cutting off the nose, the legs at the knees, castration, and death, the latter not necessarily, or indeed ordinarily, for taking life. They included in some cases punishment of the family, the clan, and the neighbours of the offender. The lex talionis was in full force.

Nevertheless, in spite of the harsh nature of the punishments, possibly adapted, more or less, to a harsh state of society, though the "proper end of punishments"—to "make an end of punishing"—was missed, the Chinese evolved a series of excellent legal codes. This series began with the revision of King Mu's Punishments in 950 B.C., the first regular code being issued in 650 B.C., and ended with the well-known Ta Ch'ing lü li ( Laws and Statutes of the Great Ch'ing Dynasty), issued in A.D. 1647. Of these codes the great exemplar was the Law Classic drawn up by Li K'uei ( Li K'uei fa ching), a statesman in the service of the first ruler of the Wei State, in the fourth century B.C. The Ta Ch'ing lü li has been highly praised by competent judges. Originally it sanctioned only two kinds of punishment, death and flogging, but others were in use, and the barbarous ling ch'ih, 'lingering death' or 'slicing to pieces,' invented about A.D. 1000 and abolished in 1905, was inflicted for high treason, parricide, on women who killed their husbands, and murderers of three persons of one family. In fact, until some first-hand knowledge of Western systems and procedure was obtained, the vindictive as opposed to the reformatory idea of punishments continued to obtain in China down to quite recent years, and has not yet entirely disappeared. Though the crueller forms of punishment had been legally abolished, they continued to be used in many parts. Having been joint judge at Chinese trials at which, in spite of my protests, prisoners were hung up by their thumbs and made to kneel on chains in order to extort confession (without which no accused person could be punished), I can testify that the true meaning of the "proper end of punishments" had no more entered into the Chinese mind at the close of the monarchical régime than it had 4000 years before.

As a result of the reform movement into which China was forced as an alternative to foreign domination toward the end of the Manchu Period, but chiefly owing to the bait held out by Western Powers, that extraterritoriality would be abolished when China had reformed her judicial system, a new Provisional Criminal Code was published. It substituted death by hanging or strangulation for decapitation, and imprisonment for various lengths of time for bambooing. It was adopted in large measure by the Republican régime, and is the chief legal instrument in use at the present time. But close examination reveals the fact that it is almost an exact copy of the Japanese penal code, which in turn was modelled upon that of Germany. It is, in fact, a Western code imitated, and as it stands is quite out of harmony with present conditions in China. It will have to be modified and recast to be a suitable, just, and practicable national legal instrument for the Chinese people. Moreover, it is frequently overridden in a high-handed manner by the police, who often keep a person acquitted by the Courts of Justice in custody until they have 'squeezed' him of all they can hope to get out of him. And it is noteworthy that, though provision was made in the Draft Code for trial by jury, this provision never went into effect; and the slavish imitation of alien methods is shown by the curiously inconsistent reason given—that "the fact that jury trials have been abolished in Japan is indicative of the inadvisability of transplanting this Western institution into China!"

Local Government

The central administration being a far-flung network of officialdom, there was hardly any room for local government apart from it. We find it only in the village elder and those associated with him, who took up what government was necessary where the jurisdiction of the unit of the central administration—the district magistracy—ceased, or at least did not concern itself in meddling much.

Military System

The peace-loving agricultural settlers in early China had at first no army. When occasion arose, all the farmers exchanged their ploughshares for swords and bows and arrows, and went forth to fight. In the intervals between the harvests, when the fields were clear, they held manoeuvres and practised the arts of warfare. The king, who had his Six Armies, under the Six High Nobles, forming the royal military force, led the troops in person, accompanied by the spirit-tablets of his ancestors and of the gods of the land and grain. Chariots, drawn by four horses and containing soldiers armed with spears and javelins and archers, were much in use. A thousand chariots was the regular force. Warriors wore buskins on their legs, and were sometimes gagged in order to prevent the alarm being given to the enemy. In action the chariots occupied the centre, the bowmen the left, the spearmen the right flank. Elephants were sometimes used in attack. Spy-kites, signal-flags, hook-ladders, horns, cymbals, drums, and beacon-fires were in use. The ears of the vanquished were taken to the king, quarter being rarely if ever given.

After the establishment of absolute monarchical government standing armies became the rule. Military science was taught, and soldiers sometimes trained for seven years. Chariots with upper storeys or spy-towers were used for fighting in narrow defiles, and hollow squares were formed of mixed chariots, infantry, and dragoons. The weakness of disunion of forces was well understood. In the sixth century A.D. the massed troops numbered about a million and a quarter. In A.D. 627 there was an efficient standing army of 900,000 men, the term of service being from the ages of twenty to sixty. During the Mongol dynasty (1280-1368) there was a navy of 5000 ships manned by 70,000 trained fighters. The Mongols completely revolutionized tactics and improved on all the military knowledge of the time. In 1614 the Manchu 'Eight Banners,' composed of Manchus, Mongolians, and Chinese, were instituted. The provincial forces, designated the Army of the Green Standard, were divided into land forces and marine forces, superseded on active service by 'braves' ( yung), or irregulars, enlisted and discharged according to circumstances. After the war with Japan in 1894 reforms were seriously undertaken, with the result that the army has now been modernized in dress, weapons, tactics, etc., and is by no means a negligible quantity in the world's fighting forces. A modern navy is also being acquired by building and purchase. For many centuries the soldier, being, like the priest, unproductive, was regarded with disdain, and now that his indispensableness for defensive purposes is recognized he has to fight not only any actual enemy who may attack him, but those far subtler forces from over the sea which seem likely to obtain supremacy in his military councils, if not actual control of his whole military system. It is, in my view, the duty of Western nations to take steps before it is too late to avert this great disaster.

Ecclesiastical Institutions

The dancing and chanting exorcists called wu were the first Chinese priests, with temples containing gods worshipped and sacrificed to, but there was no special sacerdotal class. Worship of Heaven could only be performed by the king or emperor. Ecclesiastical and political functions were not completely separated. The king was pontifex maximus, the nobles, statesmen, and civil and military officers acted as priests, the ranks being similar to those of the political hierarchy. Worship took place in the 'Hall of Light,' which was also a palace and audience and council chamber. Sacrifices were offered to Heaven, the hills and rivers, ancestors, and all the spirits. Dancing held a conspicuous place in worship. Idols are spoken of in the earliest times.

Of course, each religion, as it formed itself out of the original ancestor-worship, had its own sacred places, functionaries, observances, ceremonial. Thus, at the State worship of Heaven, Nature, etc., there were the 'Great,' 'Medium,' and 'Inferior' sacrifices, consisting of animals, silk, grain, jade, etc. Panegyrics were sung, and robes of appropriate colour worn. In spring, summer, autumn, and winter there were the seasonal sacrifices at the appropriate altars. Taoism and Buddhism had their temples, monasteries, priests, sacrifices, and ritual; and there were village and wayside temples and shrines to ancestors, the gods of thunder, rain, wind, grain, agriculture, and many others. Now encouraged, now tolerated, now persecuted, the ecclesiastical personnel and structure of Taoism and Buddhism survived into modern times, when we find complete schemes of ecclesiastical gradations of rank and authority grafted upon these two priestly hierarchies, and their temples, priests, etc., fulfilling generally, with worship of ancestors, State or official (Confucianism) and private or unofficial, and the observance of various annual festivals, such as 'All Souls' Day' for wandering and hungry ghosts, the spiritual needs of the people as the 'Three Religions' ( San Chiao). The emperor, as high priest, took the responsibility for calamities, etc., making confession to Heaven and praying that as a punishment the evil be diverted from the people to his own person. Statesmen, nobles, and officials discharged, as already noted, priestly functions in connexion with the State religion in addition to their ordinary duties. As a rule, priests proper, frowned upon as non-producers, were recruited from the lower classes, were celibate, unintellectual, idle, and immoral. There was nothing, even in the elaborate ceremonies on special occasions in the Buddhist temples, which could be likened to what is known as 'public worship' and 'common prayer' in the West. Worship had for its sole object either the attainment of some good or the prevention of some evil.