Appendix I.), and Possibly the Tsin "laws on Iron" Just Mentioned

were suggested by this experiment, for it must be remembered that Tsin, Lu, Wei, and Cheng were all of the same imperial clan. Confucius, who had otherwise a genuine admiration for Tsz-ch'an, disapproved of this particular feature in his career. In a minor degree the same question of definition and publication has also caused differences of opinion between English lawyers, so far as the so-called "judge-made law" is concerned; it is still considered to be better practice to have it declared as circumstances arise, than to have it set forth beforehand in a code. The arguments are the same; in both cases the judges profess to "interpret" the law as it already exists; that is, the Chinese judge interprets the law of nature, and the English judge the common and statute laws; but neither wishes to hamper himself by trying to publish in advance a scheme contrived to fit all future hypothetical cases.

About 680 B.C. the King of Ts'u is recorded to have passed a law against harbouring criminals, under which the harbourer was liable to the same penalty as the thief; and at the same time reference is made by his advisers to an ancient law or command of the imperial dynasty, made before it came to power in 1122 B.C.-"If any of your men takes to flight, let every effort be made to find him." Thus it would seem that other ruling classes, besides those of the Chou clan, accepted the general imperial laws, Chou- ordained or otherwise. Although it is thus manifest that the vassal states, at least after imperial decadence set in, in 771 B.C., drew up and published laws of their own, yet, at the great durbar of princes held by the First Protector in 651 B.C., it is recorded that the "Son of Heaven's Prohibitions" were read over the sacrificial victim. They are quite patriarchal in their laconic style, and for that reason recall that of the Roman Twelve Tables. They run: "Do not block springs!" "Do not hoard grain!" "Do not displace legitimate heirs!" "Do not make wives of your concubines!" "Do not let women meddle with State affairs!" From the Chinese point of view, all these are merely assertions of what is Nature's law. In the year 640, the state of Lu applied the term "Law Gate" to the South Gate, "because both Emperor and vassal princes face south when they rule, and because that is, accordingly, the gate through which all commands and laws do pass." It is always possible, however, that this "facing south" of the ancient ruler points to the direction whence some of his people came, and towards which, as their guide and leader, he had to look in order to govern them.

In the year 594 there is an instance cited where two dignitaries were killed by direct specific order of the Emperor. In explaining this exceptional case, the commentator says: "The lord of all below Heaven is Heaven, and Heaven's continuer or successor is the Prince; whilst that which the Prince holds fast is the Sanction, which no subject can resist."

Not very long after Confucius' death in 479 B.C., the powerful and orthodox state of Tsin, which had so long held its own against Ts'in, Ts'i, and Ts'u, tottered visibly under the disintegrating effects of the "great family" intrigues: of the six great families which had, as representatives of the earlier eleven, latterly monopolized power, three only survived internecine conflicts, and at last the surviving three split up into the independent states of Han, Wei, and Chao, those names being eponymous, as being their sub-fiefs, and, therefore, their "surnames," or family names. In the year 403 the Emperor formally recognized them as separate, independent vassaldoms. Wei is otherwise known as Liang, owing to the capital city having borne that name, and the kings of Liang are celebrated for their conversations with the peripatetic philosopher, Mencius, in the fourth century B.C. In order to distinguish this state from that of Wei (imperial clan) adjoining Lu and Sung, we shall henceforth call it Ngwei, as, in fact, it originally was pronounced, and as it still is in some modern dialects. The first of the Ngwei sovereigns had in his employ a statesman named Li K'wei, who introduced, for taxation purposes, a new system of land laws, and also new penal laws. These last were in six books, or main heads, and, it is said, represented all that was best in the laws of the different feudal states, mostly in reference to robbery: the minor offences were roguery, getting over city walls, gambling, borrowing, dishonesty, lewdness, extravagance, and transgressing the ruler's commands--their exact terms are now unknown. This code was afterwards styled the "Law Classic," and its influence can be plainly traced, dynasty by dynasty, down to modern times; in fact, until a year or two ago, the principles of Chinese law have never radically changed; each successive ruling family has simply taken what it found; modifying what existed, in its own supposed interest, according to time, place, and circumstance. Li K'wei's land laws singularly resembled those recommended to the Manchu Government by Sir Robert Hart four years ago.