Myths and Legends of China
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A former barrister and British consul in Foochow, Werner presents a wealth of information illuminating the ideas and beliefs that governed the daily lives of the Chinese people long before the revolutions of the 20th century. Offering a provocative glimpse into a world dominated by traditional rules of etiquette and inhabited by demons, dragon-gods, and spirits, the volume opens with an introductory chapter on the origins of the Chinese people. In succeeding chapters, Mr. Werner's readable, well-illustrated text considers the gods of China and myths of stars, thunder, lightning, wind and rain; of water and fire; of epidemics, medicine, and exorcism; as well as tales about the goddess of mercy, the guardian of the gate of heaven, accounts of how the Monkey became a god, and much more.
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Myths and Legends of China - Edward Theodore Chalmers Werner
MYTHS AND LEGENDS OF CHINA
Edward Theodore Chalmers Werner
Frontispiece; Confucius: Teacher and Philosopher
Preface
The chief literary sources of Chinese myths are the Li tai shên hsien t’ung chien, in thirty-two volumes, the Shên hsien lieh chuan, in eight volumes, the Fêng shên yen i, in eight volumes, and the Sou shên chi, in ten volumes. In writing the following pages I have translated or paraphrased largely from these works. I have also consulted and at times quoted from the excellent volumes on Chinese Superstitions by Père Henri Doré, comprised in the valuable series Variétés Sinologiques, published by the Catholic Mission Press at Shanghai. The native works contained in the Ssŭ K’u Ch’üan Shu, one of the few public libraries in Peking, have proved useful for purposes of reference. My heartiest thanks are due to my good friend Mr Mu Hsüeh-hsün, a scholar of wide learning and generous disposition, for having kindly allowed me to use his very large and useful library of Chinese books. The late Dr G.E. Morrison also, until he sold it to a Japanese baron, was good enough to let me consult his extensive collection of foreign works relating to China whenever I wished, but owing to the fact that so very little work has been done in Chinese mythology by Western writers I found it better in dealing with this subject to go direct to the original Chinese texts. I am indebted to Professor H.A. Giles, and to his publishers, Messrs Kelly and Walsh, Shanghai, for permission to reprint from Strange Stories from a Chinese Studio the fox legends given in Chapter XV.
This is, so far as I know, the only monograph on Chinese mythology in any non-Chinese language. Nor do the native works include any scientific analysis or philosophical treatment of their myths.
My aim, after summarizing the sociology of the Chinese as a prerequisite to the understanding of their ideas and sentiments, and dealing as fully as possible, consistently with limitations of space (limitations which have necessitated the presentation of a very large and intricate topic in a highly compressed form), with the philosophy of the subject, has been to set forth in English dress those myths which may be regarded as the accredited representatives of Chinese mythology—those which live in the minds of the people and are referred to most frequently in their literature, not those which are merely diverting without being typical or instructive—in short, a true, not a distorted image.
Edward Theodore Chalmers Werner
Peking
February 1922
Chapter 1. The Sociology of the Chinese
Racial Origin
In spite of much research and conjecture, the origin of the Chinese people remains undetermined. We do not know who they were nor whence they came. Such evidence as there is points to their immigration from elsewhere; the Chinese themselves have a tradition of a Western origin. The first picture we have of their actual history shows us, not a people behaving as if long settled in a land which was their home and that of their forefathers, but an alien race fighting with wild beasts, clearing dense forests, and driving back the aboriginal inhabitants.
Setting aside several theories (including the one that the Chinese are autochthonous and their civilization indigenous) now regarded by the best authorities as untenable, the researches of sinologists seem to indicate an origin (1) in early Akkadia; or (2) in Khotan, the Tarim valley (generally what is now known as Eastern Turkestan), or the K’un-lun Mountains (concerning which more presently). The second hypothesis may relate only to a sojourn of longer or shorter duration on the way from Akkadia to the ultimate settlement in China, especially since the Khotan civilization has been shown to have been imported from the Punjab in the third century B.C. The fact that serious mistakes have been made regarding the identifications of early Chinese rulers with Babylonian kings, and of the Chinese po-hsing (Cantonese bak-sing) ‘people’ with the Bak Sing or Bak tribes, does not exclude the possibility of an Akkadian origin. But in either case the immigration into China was probably gradual, and may have taken the route from Western or Central Asia direct to the banks of the Yellow River, or may possibly have followed that to the south-east through Burma and then to the north-east through what is now China—the settlement of the latter country having thus spread from south-west to north-east, or in a north-easterly direction along the Yangtzŭ River, and so north, instead of, as is generally supposed, from north to south.
Southern Origin Improbable
But this latter route would present many difficulties; it would seem to have been put forward merely as ancillary to the theory that the Chinese originated in the Indo-Chinese peninsula. This theory is based upon the assumptions that the ancient Chinese ideograms include representations of tropical animals and plants; that the oldest and purest forms of the language are found in the south; and that the Chinese and the Indo-Chinese groups of languages are both tonal. But all of these facts or alleged facts are as easily or better accounted for by the supposition that the Chinese arrived from the north or north-west in successive waves of migration, the later arrivals pushing the earlier farther and farther toward the south, so that the oldest and purest forms of Chinese would be found just where they are, the tonal languages of the Indo-Chinese peninsula being in that case regarded as the languages of the vanguard of the migration. Also, the ideograms referred to represent animals and plants of the temperate zone rather than of the tropics, but even if it could be shown, which it cannot, that these animals and plants now belong exclusively to the tropics, that would be no proof of the tropical origin of the Chinese, for in the earliest times the climate of North China was much milder than it is now, and animals such as tigers and elephants existed in the dense jungles which are later found only in more southern latitudes.
Expansion of Races from North to South
The theory of a southern origin (to which a further serious objection will be stated presently) implies a gradual infiltration of Chinese immigrants through South or Mid-China (as above indicated) toward the north, but there is little doubt that the movement of the races has been from north to south and not vice versa. In what are now the provinces of Western Kansu and Ssŭch’uan there lived a people related to the Chinese (as proved by the study of Indo-Chinese comparative philology) who moved into the present territory of Tibet and are known as Tibetans; in what is now the province of Yünnan were the Shan or Ai-lao (modern Laos), who, forced by Mongol invasions, emigrated to the peninsula in the south and became the Siamese; and in Indo-China, not related to the Chinese, were the Annamese, Khmer, Mon, Khasi, Colarains (whose remnants are dispersed over the hill tracts of Central India), and other tribes, extending in prehistoric times into Southern China, but subsequently driven back by the expansion of the Chinese in that direction.
Arrival of the Chinese in China
Taking into consideration all the existing evidence, the objections to all other theories of the origin of the Chinese seem to be greater than any yet raised to the theory that immigrants from the Tarim valley or beyond ( i.e. from Elam or Akkadia, either direct or via Eastern Turkestan) struck the banks of the Yellow River in their eastward journey and followed its course until they reached the localities where we first find them settled, namely, in the region covered by parts of the three modern provinces of Shansi, Shensi, and Honan where their frontiers join. They were then (about 2500 or 3000 B.C.) in a relatively advanced state of civilization. The country east and south of this district was inhabited by aboriginal tribes, with whom the Chinese fought, as they did with the wild animals and the dense vegetation, but with whom they also commingled and intermarried, and among whom they planted colonies as centres from which to spread their civilization.
The K’un-lun Mountains
With reference to the K’un-lun Mountains, designated in Chinese mythology as the abode of the gods—the ancestors of the Chinese race—it should be noted that these are identified not with the range dividing Tibet from Chinese Turkestan, but with the Hindu Kush. That brings us somewhat nearer to Babylon, and the apparent convergence of the two theories, the Central Asian and the Western Asian, would seem to point to a possible solution of the problem. Nü Kua, one of the alleged creators of human beings, and Nü and Kua, the first two human beings (according to a variation of the legend), are placed in the K’un-lun Mountains. That looks hopeful. Unfortunately, the K’un-lun legend is proved to be of Taoist origin. K’un-lun is the central mountain of the world, and 3000 miles in height. There is the fountain of immortality, and thence flow the four great rivers of the world. In other words, it is the Sumêru of Hindu mythology transplanted into Chinese legend, and for our present purpose without historical value.
It would take up too much space to go into details of this interesting problem of the origin of the Chinese and their civilization, the cultural connexions or similarities of China and Western Asia in pre-Babylonian times, the origin of the two distinct culture-areas so marked throughout the greater part of Chinese history, etc., and it will be sufficient for our present purpose to state the conclusion to which the evidence points.
Provisional Conclusion
Pending the discovery of decisive evidence, the following provisional conclusion has much to recommend it—namely, that the ancestors of the Chinese people came from the west, from Akkadia or Elam, or from Khotan, or (more probably) from Akkadia or Elam via Khotan, as one nomad or pastoral tribe or group of nomad or pastoral tribes, or as successive waves of immigrants, reached what is now China Proper at its north-west corner, settled round the elbow of the Yellow River, spread north-eastward, eastward, and southward, conquering, absorbing, or pushing before them the aborigines into what is now South and South-west China. These aboriginal races, who represent a wave or waves of neolithic immigrants from Western Asia earlier than the relatively high-headed immigrants into North China (who arrived about the twenty-fifth or twenty-fourth century B.C.), and who have left so deep an impress on the Japanese, mixed and intermarried with the Chinese in the south, eventually producing the pronounced differences, in physical, mental, and emotional traits, in sentiments, ideas, languages, processes, and products, from the Northern Chinese which are so conspicuous at the present day.
Inorganic Environment
At the beginning of their known history the country occupied by the Chinese was the comparatively small region above mentioned. It was then a tract of an irregular oblong shape, lying between latitude 34° and 40° N. and longitude 107° and 114° E. This territory round the elbow of the Yellow River had an area of about 50,000 square miles, and was gradually extended to the sea-coast on the north-east as far as longitude 119°, when its area was about doubled. It had a population of perhaps a million, increasing with the expansion to two millions. This may be called infant China. Its period (the Feudal Period) was in the two thousand years between the twenty-fourth and third centuries B.C. During the first centuries of the Monarchical Period, which lasted from 221 B.C. to A.D. 1912, it had expanded to the south to such an extent that it included all of the Eighteen Provinces constituting what is known as China Proper of modern times, with the exception of a portion of the west of Kansu and the greater portions of Ssŭch’uan and Yünnan. At the time of the Manchu conquest at the beginning of the seventeenth century A.D. it embraced all the territory lying between latitude 18° and 40° N. and longitude 98° and 122° E. (the Eighteen Provinces or China Proper), with the addition of the vast outlying territories of Manchuria, Mongolia, Ili, Koko-nor, Tibet, and Corea, with suzerainty over Burma and Annam—an area of more than 5,000,000 square miles, including the 2,000,000 square miles covered by the Eighteen Provinces. Generally, this territory is mountainous in the west, sloping gradually down toward the sea on the east. It contains three chief ranges of mountains and large alluvial plains in the north, east, and south. Three great and about thirty large rivers intersect the country, their numerous tributaries reaching every part of it.
As regards geological features, the great alluvial plains rest upon granite, new red sandstone, or limestone. In the north is found the peculiar loess formation, having its origin probably in the accumulated dust of ages blown from the Mongolian plateau. The passage from north to south is generally from the older to the newer rocks; from east to west a similar series is found, with some volcanic features in the west and south. Coal and iron are the chief minerals, gold, silver, copper, lead, tin, jade, etc., being also mined.
The climate of this vast area is not uniform. In the north the winter is long and rigorous, the summer hot and dry, with a short rainy season in July and August; in the south the summer is long, hot, and moist, the winter short. The mean temperature is 50.3° F. and 70° F. in the north and south respectively. Generally, the thermometer is low for the latitude, though perhaps it is more correct to say that the Gulf Stream raises the temperature of the west coast of Europe above the average. The mean rainfall in the north is 16, in the south 70 inches, with variations in other parts. Typhoons blow in the south between July and October.
Organic Environment
The vegetal productions are abundant and most varied. The rice-zone (significant in relation to the cultural distinctions above noted) embraces the southern half of the country. Tea, first cultivated for its infusion in A.D. 350, is grown in the southern and central provinces between the twenty-third and thirty-fifth degrees of latitude, though it is also found as far north as Shantung, the chief ‘tea district,’ however, being the large area south of the Yangtzŭ River, east of the Tungting Lake and great Siang River, and north of the Kuangtung Province. The other chief vegetal products are wheat, barley, maize, millet, the bean, yam, sweet and common potato, tomato, eggplant, ginseng, cabbage, bamboo, indigo, pepper, tobacco, camphor, tallow, ground-nut, poppy, water-melon, sugar, cotton, hemp, and silk. Among the fruits grown are the date, mulberry, orange, lemon, pumelo, persimmon, lichi, pomegranate, pineapple, fig, coconut, mango, and banana, besides the usual kinds common in Western countries.
The wild animals include the tiger, panther, leopard, bear, sable, otter, monkey, wolf, fox, twenty-seven or more species of ruminants, and numerous species of rodents. The rhinoceros, elephant, and tapir still exist in Yünnan. The domestic animals include the camel and the water-buffalo. There are about 700 species of birds, and innumerable species of fishes and insects.
Sociological Environment
On their arrival in what is now known as China the Chinese, as already noted, fought with the aboriginal tribes. The latter were exterminated, absorbed, or driven south with the spread of Chinese rule. The Chinese picked out the eyes of the land,
and consequently the non-Chinese tribes now live in the unhealthy forests or marshes of the south, or in mountain regions difficult of access, some even in trees (a voluntary, not compulsory promotion), though several, such as the Dog Jung in Fukien, retain settlements like islands among the ruling race.
In the third century B.C. began the hostile relations of the Chinese with the northern nomads, which continued throughout the greater part of their history. During the first six centuries A.D. there was intercourse with Rome, Parthia, Turkey, Mesopotamia, Ceylon, India, and Indo-China, and in the seventh century with the Arabs. Europe was brought within the sociological environment by Christian travellers. From the tenth to the thirteenth century the north was occupied by Kitans and Nüchêns, and the whole Empire was under Mongol sway for eighty-eight years in the thirteenth and fourteenth centuries. Relations of a commercial and religious nature were held with neighbours during the following four hundred years. Regular diplomatic intercourse with Western nations was established as a result of a series of wars in the eighteenth and nineteenth centuries. Until recently the nation held aloof from alliances and was generally averse to foreign intercourse. From 1537 onward, as a sequel of war or treaty, concessions, settlements, etc., were obtained by foreign Powers. China has now lost some of her border countries and large adjacent islands, the military and commercial pressure of Western nations and Japan having taken the place of the military pressure of the Tartars already referred to. The great problem for her, an agricultural nation, is how to find means and the military spirit to maintain her integrity, the further violation of which could not but be regarded by the student of sociological history as a great tragedy and a world-wide calamity.
Physical, Emotional, and Intellectual Characters
The physical characters of the Chinese are too well known to need detailed recital. The original immigrants into North China all belonged to blond races, but the modern Chinese have little left of the immigrant stock. The oblique, almond-shaped eyes, with black iris and the orbits far apart, have a vertical fold of skin over the inner canthus, concealing a part of the iris, a peculiarity distinguishing the eastern races of Asia from all other families of man. The stature and weight of brain are generally below the average. The hair is black, coarse, and cylindrical; the beard scanty or absent. The colour of the skin is darker in the south than in the north.
Emotionally the Chinese are sober, industrious, of remarkable endurance, grateful, courteous, and ceremonious, with a high sense of mercantile honour, but timorous, cruel, unsympathetic, mendacious, and libidinous.
Intellectually they were until recently, and to a large extent still are, non-progressive, in bondage to uniformity and mechanism in culture, imitative, unimaginative, torpid, indirect, suspicious, and superstitious.
The character is being modified by intercourse with other peoples of the earth and by the strong force of physical, intellectual, and moral education.
Marriage in Early Times
Certain parts of the marriage ceremonial of China as now existing indicate that the original form of marriage was by capture—of which, indeed, there is evidence in the classical Book of Odes. But a regular form of marriage (in reality a contract of sale) is shown to have existed in the earliest historical times. The form was not monogamous, though it seems soon to have assumed that of a qualified monogamy consisting of one wife and one or more concubines, the number of the latter being as a rule limited only by the means of the husband. The higher the rank the larger was the number of concubines and handmaids in addition to the wife proper, the palaces of the kings and princes containing several hundreds of them. This form it has retained to the present day, though associations now exist for the abolition of concubinage. In early times, as well as throughout the whole of Chinese history, concubinage was in fact universal, and there is some evidence also of polyandry (which, however, cannot have prevailed to any great extent). The age for marriage was twenty for the man and fifteen for the girl, celibacy after thirty and twenty respectively being officially discouraged. In the province of Shantung it was usual for the wives to be older than their husbands. The parents’ consent to the betrothal was sought through the intervention of a matchmaker, the proposal originating with the parents, and the wishes of the future bride and bridegroom not being taken into consideration. The conclusion of the marriage was the progress of the bride from the house of her parents to that of the bridegroom, where after various ceremonies she and he worshipped his ancestors together, the worship amounting to little more than an announcement of the union to the ancestral spirits. After a short sojourn with her husband the bride revisited her parents, and the marriage was not considered as finally consummated until after this visit had taken place.
The status of women was low, and the power of the husband great—so great that he could kill his wife with impunity. Divorce was common, and all in favour of the husband, who, while he could not be divorced by her, could put his wife away for disobedience or even for loquaciousness. A widower remarried immediately, but refusal to remarry by a widow was esteemed an act of chastity. She often mutilated herself or even committed suicide to prevent remarriage, and was posthumously honoured for doing so. Being her husband’s as much in the Otherworld as in this, remarriage would partake of the character of unchastity and insubordination; the argument, of course, not applying to the case of the husband, who by remarriage simply adds another member to his clan without infringing on anyone’s rights.
Marriage in Monarchical and Republican Periods
The marital system of the early classical times, of which the above were the essentials, changed but little during the long period of monarchical rule lasting from 221 B.C. to A.D. 1912. The principal object, as before, was to secure an heir to sacrifice to the spirits of deceased progenitors. Marriage was not compulsory, but old bachelors and old maids were very scarce. The concubines were subject to the wife, who was considered to be the mother of their children as well as her own. Her status, however, was not greatly superior. Implicit obedience was exacted from her. She could not possess property, but could not be hired out for prostitution. The latter vice was common, in spite of the early age at which marriage took place and in spite of the system of concubinage—which is after all but a legalized transfer of prostitutional cohabitation to the domestic circle.
Since the establishment of the Republic in 1912 the ‘landslide’ in the direction of Western progress has had its effect also on the domestic institutions. But while the essentials of the marriage contract remain practically the same as before, the most conspicuous changes have been in the accompanying ceremonial—now sometimes quite foreign, but in a very large, perhaps the greatest, number of cases that odious thing, half foreign, half Chinese; as, for instance, when the procession, otherwise native, includes foreign glass-panelled carriages, or the bridegroom wears a ‘bowler’ or top-hat with his Chinese dress—and in the greater freedom allowed to women, who are seen out of doors much more than formerly, sit at table with their husbands, attend public functions and dinners, dress largely in foreign fashion, and play tennis and other games, instead of being prisoners of the ‘inner apartment’ and household drudges little better than slaves.
One unexpected result of this increased freedom is certainly remarkable, and is one not likely to have been predicted by the most far-sighted sociologist. Many of the ‘progressive’ Chinese, now that it is the fashion for Chinese wives to be seen in public with their husbands, finding the uneducated, gauche, small-footed household drudge unable to compete with the smarter foreign-educated wives of their neighbours, have actually repudiated them and taken unto themselves spouses whom they can exhibit in public without ‘loss of face’! It is, however, only fair to add that the total number of these cases, though by no means inconsiderable, appears to be proportionately small.
Parents and Children
As was the power of the husband over the wife, so was that of the father over his children. Infanticide (due chiefly to poverty, and varying with it) was frequent, especially in the case of female children, who were but slightly esteemed; the practice prevailing extensively in three or four provinces, less extensively in others, and being practically absent in a large number. Beyond the fact that some penalties were enacted against it by the Emperor Ch’ien Lung (A.D. 1736–96), and that by statute it was a capital offence to murder children in order to use parts of their bodies for medicine, it was not legally prohibited. When the abuse became too scandalous in any district proclamations condemning it would be issued by the local officials. A man might, by purchase and contract, adopt a person as son, daughter, or grandchild, such person acquiring thereby all the rights of a son or daughter. Descent, both of real and personal property, was to all the sons of wives and concubines as joint heirs, irrespective of seniority. Bastards received half shares. Estates were not divisible by the children during the lifetime of their parents or grandparents.
The head of the family being but the life-renter of the family property, bound by fixed rules, wills were superfluous, and were used only where the customary respect for the parents gave them a voice in arranging the details of the succession. For this purpose verbal or written instructions were commonly given.
In the absence of the father, the male relatives of the same surname assumed the guardianship of the young. The guardian exercised full authority and enjoyed the surplus revenues of his ward’s estate, but might not alienate the property.
There are many instances in Chinese history of extreme devotion of children to parents taking the form of self-wounding and even of suicide in the hope of curing parents’ illnesses or saving their lives.
Political History
The country inhabited by the Chinese on their arrival from the West was, as we saw, the district where the modern provinces of Shansi, Shensi, and Honan join. This they extended in an easterly direction to the shores of the Gulf of Chihli—a stretch of territory about 600 miles long by 300 broad. The population, as already stated, was between one and two millions. During the first two thousand years of their known history the boundaries of this region were not greatly enlarged, but beyond the more or less undefined borderland to the south were chou or colonies, nuclei of Chinese population, which continually increased in size through conquest of the neighbouring territory. In 221 B.C. all the feudal states into which this territory had been parcelled out, and which fought with one another, were subjugated and absorbed by the state of Ch’in, which in that year instituted the monarchical form of government—the form which obtained in China for the next twenty-one centuries.
Though the origin of the name ‘China’ has not yet been finally decided, the best authorities regard it as derived from the name of this feudal state of Ch’in.
Under this short-lived dynasty of Ch’in and the famous Han dynasty (221 B.C. to A.D. 221) which followed it, the Empire expanded until it embraced almost all the territory now known as China Proper (the Eighteen Provinces of Manchu times). To these were added in order between 194 B.C. and A.D. 1414: Corea, Sinkiang (the New Territory or Eastern Turkestan), Manchuria, Formosa, Tibet, and Mongolia—Formosa and Corea being annexed by Japan in 1895 and 1910 respectively. Numerous other extra-China countries and islands, acquired and lost during the long course of Chinese history (at one time, from 73 to 48 B.C., all Asia from Japan to the Caspian Sea was tributary to the Middle Kingdom,
i.e. China), it is not necessary to mention here. During the Southern Sung dynasty (1127–1280) the Tartars owned the northern half of China, as far down as the Yangtzŭ River, and in the Yüan dynasty (1280–1368) they conquered the whole country. During the period 1644–1912 it was in the possession of the Manchus. At present the five chief component peoples of China are represented in the striped national flag (from the top downward) by red (Manchus), yellow (Chinese), blue (Mongolians), white (Mohammedans), and black (Tibetans). This flag was adopted on the establishment of the Republic in 1912, and supplanted the triangular Dragon flag previously in use. By this time the population—which had varied considerably at different periods owing to war, famine, and pestilence—had increased to about 400,000,000.
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