FOOTNOTES:

FOOTNOTES:[72]See pp.262seq.[73]See pp.97-8.[74]The word may be translated as "a coming together." It is the usual word for a "society" or "club."[75]Chia miao.[76]Shên chu.[77]Huo Ying-ti.[78]Chi-t'ien.[79]As an indication of how widely sundered are the theory and practice of East and West in the matter of social organisation, D. G. Ritchie'sNatural Rights(1903 ed.), pp. 259-60, may be consulted. "No real or positive equality in social conditions," says that writer, "can be secured so long as individuals are looked at in any respect as members of families, and not in every respect as members of the State alone." Yet in China, where individuals are in almost every respect regarded as members of families, and never dream of claiming to be members of the State alone, there is far greater equality in social conditions than there is in the individualistic States of the West! Let us hope for China's sake that this fact will not be overlooked by those young patriot-reformers who are casting about for ways and means of raising their country in the scale of nations.[80]The family-system has of course existed in regions other than Asia. "In most of the Greek states and in Rome," says Sir Henry Maine (Ancient Law, 4th ed., p. 128), "there long remained the vestiges of an ascending series of groups out of which the State was at first constituted.... The elementary group is the Family, connected by common subjection to the highest male ascendant. The aggregation of Families forms the Gens or House. The aggregation of Houses makes the Tribe. The aggregation of Tribes constitutes the commonwealth." In another place (p. 126) he speaks of "the clearest indications that society in primitive times was not what it is assumed to be at present, a collection ofindividuals. In fact, and in the view of the men who composed it, it wasan aggregation of families. The contrast may be most forcibly expressed by saying that theunitof an ancient society was the Family, of a modern society the individual." Had Maine been acquainted with the details of the social organisation of the Chinese he would have found a copious source from which to draw illustrations of his thesis, and would have perceived that the family-unit system is not yet to be spoken of as a vanished phase of social development.[81]"The whole Chinese administrative system is based on the doctrine of filial piety, in its most extended signification of duty to natural parents and also to political parents, as the Emperor's magistrates are to this day familiarly called. China is thus one vast republic of innumerable private families, or pettyimperia, within one public family, or generalimperium; the organisation consists of a number of self-producing and ever-multiplying independent cells, each maintaining a complete administrative existence apart from the central power. Doubtless, it is this fact which in a large measure accounts for China's indestructibility in the face of so many conquests and revolutions."—Prof. E. H. Parkerin theJournal of the Royal Asiatic Society (China Branch), vol. xl. (1909), p. 14.[82]It must be understood that what is referred to is "custom" rather than law, and that these remarks are not always applicable to the business relations between Chinese and foreigners at the treaty-ports, where commercial intercourse is to a great extent conducted on Western lines. When an English banker declares (as he has declared) that the word of a Chinese is as good as his bond, he is paying a compliment not so much to the character of the Chinese people (who as individuals are no more though perhaps no less trustworthy than average Englishmen), as to the fundamental soundness of the Chinese social system. If that system is subverted, through the efforts either of foreign advisers or of Chinese reformers, the moral results may be disastrous beyond conception. Let there be evolution by all means; not revolution.[83]As, for instance, after the silk worms have been taken off the scrub-oak bushes.[84]The Origin of Property in Land, transl. by M. Ashley, p. 151.[85]Perhaps it is hardly necessary to explain that a Chinese who cuts himself adrift from his family, or emigrates, or sets up in business in some distant town or in a foreign Settlement such as Shanghai, may and often does acquire real property under conditions that render him absolutely independent of his family or clan. The family-rights are not, indeed, extinguished: they are merely in abeyance owing to the difficulty or impossibility of enforcing them. Yet the theory of family-ownership is often—thanks to Chinese conservatism and clan-loyalty—fully recognised even in such cases as these.[86]The Chinese word for "Family" (chia) is often more suitably rendered with the word "Clan."[87]This is a customary, not a legal, arrangement.[88]In Weihaiwei a mortgage is regarded as an out-and-out sale if the right of redemption is not exercised after a definite number of years.[89]This may be compared with Hindu custom. "The instant a child is born he acquires a vested right in his father's property, which cannot be sold without recognition of his joint ownership" (Maine'sAncient Law, p. 228). Cf. also Plato,Laws, xi.: "You cannot leave your property to whomsoever you please, because your property belongs to your family, that is, to your ancestors and your descendants." This is the Chinese theory precisely.[90]Thefên-shubeing "neither secret, deferred, nor revocable," may be compared with the early Roman "Will," which was not a Will at all in the modern sense of the word. See Lord Avebury'sOrigin of Civilisation(6th ed.), pp. 486-7.[91]Cf. p.199.[92]That is, Mrs. YünéeTs'ung.[93]Cf. pp.205,284seq.[94]Shêng yang ssŭ tsang.[95]Pu nêng tai ch'an ch'u chi.

[72]See pp.262seq.

[72]See pp.262seq.

[73]See pp.97-8.

[73]See pp.97-8.

[74]The word may be translated as "a coming together." It is the usual word for a "society" or "club."

[74]The word may be translated as "a coming together." It is the usual word for a "society" or "club."

[75]Chia miao.

[75]Chia miao.

[76]Shên chu.

[76]Shên chu.

[77]Huo Ying-ti.

[77]Huo Ying-ti.

[78]Chi-t'ien.

[78]Chi-t'ien.

[79]As an indication of how widely sundered are the theory and practice of East and West in the matter of social organisation, D. G. Ritchie'sNatural Rights(1903 ed.), pp. 259-60, may be consulted. "No real or positive equality in social conditions," says that writer, "can be secured so long as individuals are looked at in any respect as members of families, and not in every respect as members of the State alone." Yet in China, where individuals are in almost every respect regarded as members of families, and never dream of claiming to be members of the State alone, there is far greater equality in social conditions than there is in the individualistic States of the West! Let us hope for China's sake that this fact will not be overlooked by those young patriot-reformers who are casting about for ways and means of raising their country in the scale of nations.

[79]As an indication of how widely sundered are the theory and practice of East and West in the matter of social organisation, D. G. Ritchie'sNatural Rights(1903 ed.), pp. 259-60, may be consulted. "No real or positive equality in social conditions," says that writer, "can be secured so long as individuals are looked at in any respect as members of families, and not in every respect as members of the State alone." Yet in China, where individuals are in almost every respect regarded as members of families, and never dream of claiming to be members of the State alone, there is far greater equality in social conditions than there is in the individualistic States of the West! Let us hope for China's sake that this fact will not be overlooked by those young patriot-reformers who are casting about for ways and means of raising their country in the scale of nations.

[80]The family-system has of course existed in regions other than Asia. "In most of the Greek states and in Rome," says Sir Henry Maine (Ancient Law, 4th ed., p. 128), "there long remained the vestiges of an ascending series of groups out of which the State was at first constituted.... The elementary group is the Family, connected by common subjection to the highest male ascendant. The aggregation of Families forms the Gens or House. The aggregation of Houses makes the Tribe. The aggregation of Tribes constitutes the commonwealth." In another place (p. 126) he speaks of "the clearest indications that society in primitive times was not what it is assumed to be at present, a collection ofindividuals. In fact, and in the view of the men who composed it, it wasan aggregation of families. The contrast may be most forcibly expressed by saying that theunitof an ancient society was the Family, of a modern society the individual." Had Maine been acquainted with the details of the social organisation of the Chinese he would have found a copious source from which to draw illustrations of his thesis, and would have perceived that the family-unit system is not yet to be spoken of as a vanished phase of social development.

[80]The family-system has of course existed in regions other than Asia. "In most of the Greek states and in Rome," says Sir Henry Maine (Ancient Law, 4th ed., p. 128), "there long remained the vestiges of an ascending series of groups out of which the State was at first constituted.... The elementary group is the Family, connected by common subjection to the highest male ascendant. The aggregation of Families forms the Gens or House. The aggregation of Houses makes the Tribe. The aggregation of Tribes constitutes the commonwealth." In another place (p. 126) he speaks of "the clearest indications that society in primitive times was not what it is assumed to be at present, a collection ofindividuals. In fact, and in the view of the men who composed it, it wasan aggregation of families. The contrast may be most forcibly expressed by saying that theunitof an ancient society was the Family, of a modern society the individual." Had Maine been acquainted with the details of the social organisation of the Chinese he would have found a copious source from which to draw illustrations of his thesis, and would have perceived that the family-unit system is not yet to be spoken of as a vanished phase of social development.

[81]"The whole Chinese administrative system is based on the doctrine of filial piety, in its most extended signification of duty to natural parents and also to political parents, as the Emperor's magistrates are to this day familiarly called. China is thus one vast republic of innumerable private families, or pettyimperia, within one public family, or generalimperium; the organisation consists of a number of self-producing and ever-multiplying independent cells, each maintaining a complete administrative existence apart from the central power. Doubtless, it is this fact which in a large measure accounts for China's indestructibility in the face of so many conquests and revolutions."—Prof. E. H. Parkerin theJournal of the Royal Asiatic Society (China Branch), vol. xl. (1909), p. 14.

[81]"The whole Chinese administrative system is based on the doctrine of filial piety, in its most extended signification of duty to natural parents and also to political parents, as the Emperor's magistrates are to this day familiarly called. China is thus one vast republic of innumerable private families, or pettyimperia, within one public family, or generalimperium; the organisation consists of a number of self-producing and ever-multiplying independent cells, each maintaining a complete administrative existence apart from the central power. Doubtless, it is this fact which in a large measure accounts for China's indestructibility in the face of so many conquests and revolutions."—Prof. E. H. Parkerin theJournal of the Royal Asiatic Society (China Branch), vol. xl. (1909), p. 14.

[82]It must be understood that what is referred to is "custom" rather than law, and that these remarks are not always applicable to the business relations between Chinese and foreigners at the treaty-ports, where commercial intercourse is to a great extent conducted on Western lines. When an English banker declares (as he has declared) that the word of a Chinese is as good as his bond, he is paying a compliment not so much to the character of the Chinese people (who as individuals are no more though perhaps no less trustworthy than average Englishmen), as to the fundamental soundness of the Chinese social system. If that system is subverted, through the efforts either of foreign advisers or of Chinese reformers, the moral results may be disastrous beyond conception. Let there be evolution by all means; not revolution.

[82]It must be understood that what is referred to is "custom" rather than law, and that these remarks are not always applicable to the business relations between Chinese and foreigners at the treaty-ports, where commercial intercourse is to a great extent conducted on Western lines. When an English banker declares (as he has declared) that the word of a Chinese is as good as his bond, he is paying a compliment not so much to the character of the Chinese people (who as individuals are no more though perhaps no less trustworthy than average Englishmen), as to the fundamental soundness of the Chinese social system. If that system is subverted, through the efforts either of foreign advisers or of Chinese reformers, the moral results may be disastrous beyond conception. Let there be evolution by all means; not revolution.

[83]As, for instance, after the silk worms have been taken off the scrub-oak bushes.

[83]As, for instance, after the silk worms have been taken off the scrub-oak bushes.

[84]The Origin of Property in Land, transl. by M. Ashley, p. 151.

[84]The Origin of Property in Land, transl. by M. Ashley, p. 151.

[85]Perhaps it is hardly necessary to explain that a Chinese who cuts himself adrift from his family, or emigrates, or sets up in business in some distant town or in a foreign Settlement such as Shanghai, may and often does acquire real property under conditions that render him absolutely independent of his family or clan. The family-rights are not, indeed, extinguished: they are merely in abeyance owing to the difficulty or impossibility of enforcing them. Yet the theory of family-ownership is often—thanks to Chinese conservatism and clan-loyalty—fully recognised even in such cases as these.

[85]Perhaps it is hardly necessary to explain that a Chinese who cuts himself adrift from his family, or emigrates, or sets up in business in some distant town or in a foreign Settlement such as Shanghai, may and often does acquire real property under conditions that render him absolutely independent of his family or clan. The family-rights are not, indeed, extinguished: they are merely in abeyance owing to the difficulty or impossibility of enforcing them. Yet the theory of family-ownership is often—thanks to Chinese conservatism and clan-loyalty—fully recognised even in such cases as these.

[86]The Chinese word for "Family" (chia) is often more suitably rendered with the word "Clan."

[86]The Chinese word for "Family" (chia) is often more suitably rendered with the word "Clan."

[87]This is a customary, not a legal, arrangement.

[87]This is a customary, not a legal, arrangement.

[88]In Weihaiwei a mortgage is regarded as an out-and-out sale if the right of redemption is not exercised after a definite number of years.

[88]In Weihaiwei a mortgage is regarded as an out-and-out sale if the right of redemption is not exercised after a definite number of years.

[89]This may be compared with Hindu custom. "The instant a child is born he acquires a vested right in his father's property, which cannot be sold without recognition of his joint ownership" (Maine'sAncient Law, p. 228). Cf. also Plato,Laws, xi.: "You cannot leave your property to whomsoever you please, because your property belongs to your family, that is, to your ancestors and your descendants." This is the Chinese theory precisely.

[89]This may be compared with Hindu custom. "The instant a child is born he acquires a vested right in his father's property, which cannot be sold without recognition of his joint ownership" (Maine'sAncient Law, p. 228). Cf. also Plato,Laws, xi.: "You cannot leave your property to whomsoever you please, because your property belongs to your family, that is, to your ancestors and your descendants." This is the Chinese theory precisely.

[90]Thefên-shubeing "neither secret, deferred, nor revocable," may be compared with the early Roman "Will," which was not a Will at all in the modern sense of the word. See Lord Avebury'sOrigin of Civilisation(6th ed.), pp. 486-7.

[90]Thefên-shubeing "neither secret, deferred, nor revocable," may be compared with the early Roman "Will," which was not a Will at all in the modern sense of the word. See Lord Avebury'sOrigin of Civilisation(6th ed.), pp. 486-7.

[91]Cf. p.199.

[91]Cf. p.199.

[92]That is, Mrs. YünéeTs'ung.

[92]That is, Mrs. YünéeTs'ung.

[93]Cf. pp.205,284seq.

[93]Cf. pp.205,284seq.

[94]Shêng yang ssŭ tsang.

[94]Shêng yang ssŭ tsang.

[95]Pu nêng tai ch'an ch'u chi.

[95]Pu nêng tai ch'an ch'u chi.

The villages of Weihaiwei, so far as their domestic affairs are concerned, are somewhat like so many little self-contained republics, each with its own ancestral temple, itst'u-ti miao[96]or temple of the local tutelary spirit, its theatre, its pasture-lands, its by-laws, its graveyard, and its little band of elders under the leadership of the headman. There is no regular village council. The "elders" are simply the most influential or most respected of the inhabitants, and their number is elastic. When important matters arise, affecting the interests of the whole village, they discuss them in the headman's house, or in a temple, or in the village street under the shade of an old tree. Nothing is discussed with closed doors. The whole village, including the women and children, may as a rule attend a meeting of elders, and any one who wishes to air his views may do so, irrespective of his age or position in the village. The elders have few privileges that their fellow-villagers do not share, and the headman himself is onlyprimus inter pares. His authority, like that of the elders, is chiefly derived from his position as head of the family or clan.

When all the people are bound together by ties of blood relationship, as is the case in a typical Weihaiwei village, the bonds of family life and the bonds of village life are one and the same. The senior representative of the senior branch of the family holds as a rule a double responsibility: as the head of the family he is the natural arbitrator or judge in cases of domestic strife or petty crime, and as headman of the village he is held, to a limited extent, responsible by Government for the good conduct of his fellow-villagers. It is true that in practice the headman is not always the senior representative of the senior branch of the family. Under British rule, indeed, every new headman is "confirmed" by Government and receives achih-chao, or official certificate of appointment. This applies both to the District headmen[97]and to the headmen of villages. But in both theory and practice the headman is the chosen of the people. He may fall into the position with their tacit consent by virtue of thepatria potestas, or in consequence of his wealth, strong personality or social prestige; or he may be definitely elected after a consultation among the heads of families.

The position of headman is not altogether enviable, and there is little or no competition for the filling of a vacancy. Sometimes, indeed, it is only after a village has been threatened with a general fine that it will make the necessary recommendation. This is especially the case since the establishment of British rule, for Government shows—or did show—a tendency in Weihaiwei to increase the headman's responsibilities without giving him any compensating advantages.[98]The headman, as such, has no very definite authority over the individuals of his village, but every individual is bound by rigid unwritten law to conform to the will of themaior et sanior pars, and to fulfil his duties to the community even if they involve his own discomfort.

It is true that the Chinese village cannot be said to possess corporate unity. Even in Europe the evolution of the "juristic person" was a slow process, and it is not likely that we shall find the developed principles of corporate existence amid the heterogeneous elements of village life in China, where there are no professional lawyers to interpret indefinite social facts by the light of definite legal fictions. Yet the germs of the theory of apersona fictamay perhaps be found in several features of the village-system. Most villages, for instance, possess funds which are collected and disbursed for the benefit or amusement of the inhabitants collectively; and we usually find in the typical village a strongly-developed sense of mutual responsibility and a general acceptance of the obligation to co-operate for common ends. A man was once accused before me of refusing to join his fellow-villagers in subscribing towards the expenses of the localhuiwith its inevitable theatrical performances. He admitted in court that he was in the wrong and undertook to contribute his proper share forthwith. Had this man been a Christian the matter would not have been so easily disposed of. It is well known that troubles have arisen in various parts of China through the refusal of Christian converts to subscribe towards their village entertainments on the ground that such entertainments were idolatrous or involved the performance of pagan ceremonies. When one understands a little of the Chinese village organisation one can see, perhaps, that there is something to be said on the side of the indignant "pagans," and that the trouble has not necessarily arisen from their hostility to the religious views, as such, of their converted fellow-villagers. It is obvious that the solidarity of the village system would be severely shaken if individuals were allowed to dissociate themselves at will from the actions of the village as a whole.

As the Village does not possess a strictly corporate character, it follows that though there may be pasturelands, wells, roads, and other property which belong to all the inhabitants collectively, it would be inaccurate to say that the Village as such is the ultimate owner of, or has reversionary rights over any real property. If such rights seem to be possessed by any given village they will be found to rest on the fact that the village comprises a single family or clan—village and family being, in fact, almost interchangeable terms; but it is the family, not the village, that owns the land. If a village has two "surnames," say Liu and Ch'i, it will never be found that arable land is jointly owned by the Liu and the Ch'i families, though both families may have equal customary rights (not definable in law) over a tract of pasture-land. Another indication that the real entity is the family and not the village may be found in the fact that many old and long-established families "overflow," as it were, from their original villages into many neighbouring villages, and still possess a kind of unity entirely lacking to the villages as such. The Chiang family, to take a specific example, is the sole or principal family in the village of Chiang-chia-chai, but it is also the sole or predominant partner in at least five villages within a radius of as many miles. One outward sign of its essential unity consists in the old family burying-ground, in which all the Chiangs in all these villages have equal rights of sepulture.

A DISTRICT HEADMAN AND HIS COMPLIMENTARY TABLET (see p.289).

A DISTRICT HEADMAN AND HIS COMPLIMENTARY TABLET (see p.289).

A DISTRICT HEADMAN AND HIS COMPLIMENTARY TABLET (see p.289).

THREE VILLAGE HEADMEN (see p.158).

THREE VILLAGE HEADMEN (see p.158).

THREE VILLAGE HEADMEN (see p.158).

The peace of an ordinary Weihaiwei village is not often seriously disturbed. The chief causes of trouble are bad-tempered women, who form an appreciable proportion of the population. Robbers and other law-breakers are few in number; not necessarily because the Chinese are by nature more honest and respectable than other people, but because the social system to which they belong is singularly well adapted, in normal times at least, to prevent the outbreak of criminal propensities. No village possesses any body of men whose special duty it is to act as a police force, yet it is hardly an exaggeration to say that every village is policed by its entire adult male population. The bonds of family and village life are such that every male villager finds himself directly or indirectly responsible for the good behaviour of some one else. The bad characters of every village soon become marked men. For minor offences, evil-doers are punished by their neighbours in accordance with long-standing rules and by-laws; if they are regarded as incorrigible, they are either expelled with ignominy from the family and clan to which they belong[99]or they are handed over for punishment to the nearest magistrate. Every unknown stranger who arrives in a village is immediately treated with a disquieting mixture of hospitality and suspicion. He is not interfered with so long as he encroaches on nobody's rights, but all the villagers constitute an informal band of amateur detectives for the purpose of keeping an eye on his movements and ascertaining his intentions. He is regarded, in fact, as a suspicious character until he settles down and becomes a land-owner, and that—for reasons already explained—he can hardly ever hope to do.

There are curious old customs which seem to indicate that even the native of a village who returns home, after many years' residence abroad, must in some places go through a kind of formal re-admission before he is allowed to resume his position on the old footing of equality. A man once came to me with a complaint which, under cross-examination, he stated somewhat as follows: "I was nine years absent from my village. When I went home a few days ago, I was ordered by the people of the village to give a feast. I asked them to let me postpone it for a few weeks. They did not say they were glad to see me back. They insisted that the feast must be given at once. I am quite willing to give it later on. It is a village custom. Any one who leaves the village and stays away several years must provide a feast for the heads of the village families when he returns. I have no fault to find with the custom, only I want a few weeks' grace."

Nearly all villages in Weihaiwei have certain police regulations which are made and promulgated by the local elders. They possess, of course, no legal sanction, though they are frequently brought to the British magistrates for approval and to be stamped with an official seal. They consist of lists of punishable offences, and the penalties attached to them: the money fines being imposed by the village or clan elders, and applied by them to local uses. There is a good deal of variety among these village regulations orts'un kueiin respect of penalties, though the punishable offences are everywhere much the same. They always repay inspection, for they throw an interesting light on the local morality and the views held by the leaders of public opinion as to the relative seriousness of different classes of misdemeanours. A written copy of thets'un kueiis usually kept in the family Ancestral Temple or in the headman's house. The following is a translation of one of these documents:

"1. Trampling on or desecrating graves orallowing domestic animals to desecrate gravesin the ancestral burial-ground10tiao.[100]2. Usurping portions of the common pastureland (mu niu ch'ang) or ploughing upportions thereof5tiao.3. Removing fuel from private land withoutpermission, and cutting willows and uprootingshrubs and trees3tiao.4. Allowing mules, ponies, pigs, sheep, orother animals to feed on private groundwithout the owner's permission3tiao.5. Stealing crops5tiao.6. Stealing manure from private gardens3tiao.7. Moving boundary-stones5tiao.8. Obstructing or blocking the right of wayto the common pasture land5tiao.If any of the above offences are committed at night-time, the punishment is Expulsion from the Village.If any person having committed any of these offences declares that he will die rather than pay his fine, let him be conveyed to the magistrate.The following are exempted from punishment as being irresponsible for their actions and deserving of compassion: children under twelve, dumb people, and imbeciles."

"1. Trampling on or desecrating graves orallowing domestic animals to desecrate gravesin the ancestral burial-ground10tiao.[100]2. Usurping portions of the common pastureland (mu niu ch'ang) or ploughing upportions thereof5tiao.3. Removing fuel from private land withoutpermission, and cutting willows and uprootingshrubs and trees3tiao.4. Allowing mules, ponies, pigs, sheep, orother animals to feed on private groundwithout the owner's permission3tiao.5. Stealing crops5tiao.6. Stealing manure from private gardens3tiao.7. Moving boundary-stones5tiao.8. Obstructing or blocking the right of wayto the common pasture land5tiao.

If any of the above offences are committed at night-time, the punishment is Expulsion from the Village.

If any person having committed any of these offences declares that he will die rather than pay his fine, let him be conveyed to the magistrate.

The following are exempted from punishment as being irresponsible for their actions and deserving of compassion: children under twelve, dumb people, and imbeciles."

Very serious offences, such as housebreaking, violent assault, homicide, and offences against morality are not mentioned in thets'un kuei, as neither Chinese nor British law would recognise the power of the villagers to take upon themselves the punishment of such crimes. The very prevalent vice of gambling is sometimes but not always punishable under thekuei. It occupies a conspicuous place in thekueipublished by the East and West villages of Ch'ü-chia-chuang, of which the following is a translation:

"1. Gambling:(a) The owner of the house wheregambling takes place to be fined30tiao.(b) Each gambler to be fined5tiao.(c) Persons of the village who gambleoutside the village, but withinthe limits of the village lands, tobe fined2tiao.(d) Gamblers under fifteen years ofage to be fined2tiao.2. Any person who unlawfully digs up hisneighbor's grass and shrubs, to be fined500cash.[101]3. Any person who steals manure fromprivate gardens, if the offence is committedin daytime, to be fined500cash.4. The perpetrator of the same offence, ifit is committed at night, to be fined2tiao.5. Any person who steals crops from thefields or vegetables or fruit from privategardens, if he is adult, to be fined3tiao.6. Any child who commits the same offence,to be fined200cash.The above Rules have been made by the whole Village in council, and must be obeyed by every one, irrespective of age and sex. If any offender refuses to pay his fine the headman and elders will report him to the magistrate, who will be asked to inflict punishment."

"1. Gambling:(a) The owner of the house wheregambling takes place to be fined30tiao.(b) Each gambler to be fined5tiao.(c) Persons of the village who gambleoutside the village, but withinthe limits of the village lands, tobe fined2tiao.(d) Gamblers under fifteen years ofage to be fined2tiao.2. Any person who unlawfully digs up hisneighbor's grass and shrubs, to be fined500cash.[101]3. Any person who steals manure fromprivate gardens, if the offence is committedin daytime, to be fined500cash.4. The perpetrator of the same offence, ifit is committed at night, to be fined2tiao.5. Any person who steals crops from thefields or vegetables or fruit from privategardens, if he is adult, to be fined3tiao.6. Any child who commits the same offence,to be fined200cash.

The above Rules have been made by the whole Village in council, and must be obeyed by every one, irrespective of age and sex. If any offender refuses to pay his fine the headman and elders will report him to the magistrate, who will be asked to inflict punishment."

The following is a translation of a similar document in which the penalties imposed are somewhat light; but in this case thekueiare of ancient date and thetiaowas worth a great deal more than at present.

"1. GamblingFine levied accordingto circumstances.2. Cutting trees and shrubs1tiao.3. Stealing crops1tiao.4. Gleaning in the harvest-fields withoutpermission1tiao.5. Feeding cattle in a neighbour's fieldafter harvest1tiao.6. Uprooting grass and shrubs500cash.7. Climbing over private walls andstealing manure or removing soil500cash.8. Stealing fuel at night5tiao.9. Stealing silk-worms or cocoonsFine levied accordingto circumstances.10. Knocking down chestnuts with sticks500cash.11. Allowing dogs to go on thets'an ch'ang(silk-worm feeding-ground) and eat thesilk-worms[102]500cash.Headmen and elders who are found guilty of anyof the above offences will incur double the specified penalty.If doubtful[103]characters enter the village and create a disturbance, the heads of all the families will hold a meeting to decide what is to be done with them."

"1. GamblingFine levied accordingto circumstances.2. Cutting trees and shrubs1tiao.3. Stealing crops1tiao.4. Gleaning in the harvest-fields withoutpermission1tiao.5. Feeding cattle in a neighbour's fieldafter harvest1tiao.6. Uprooting grass and shrubs500cash.7. Climbing over private walls andstealing manure or removing soil500cash.8. Stealing fuel at night5tiao.9. Stealing silk-worms or cocoonsFine levied accordingto circumstances.10. Knocking down chestnuts with sticks500cash.11. Allowing dogs to go on thets'an ch'ang(silk-worm feeding-ground) and eat thesilk-worms[102]500cash.

Headmen and elders who are found guilty of anyof the above offences will incur double the specified penalty.

If doubtful[103]characters enter the village and create a disturbance, the heads of all the families will hold a meeting to decide what is to be done with them."

We have seen that a large number of the villages of Weihaiwei are named after the families that inhabit them. But when a single prosperous family has "overflowed" into a number of other villages it is necessary to differentiate between them, and the names given have often some reference to the outward aspect of the locality. For example, the name Sha-li-Wang-chia means the village of the "Wang-family-who-live-in-the-sand." As a matter of fact this village is situated near the sea-shore amid rolling sandhills, so the name is appropriate enough. Similarly the name Sung-lin-Kuo-chia means "the Kuo family of the Pine-grove." There are also such village names as Willow-grove, Black Rock, Thatched Temple, North-of-the-Ku-mountain, North-of-the-Pheasant-hill, White-pony Village. Sometimes pieces of family-land are given fancy names for the convenience of identification. TheSsŭ-lao-p'o kouis "the ditch of the dead woman," apparently because a female's corpse was once found there: but as this name struck the owner as being unlucky and likely to bring misfortune on his family, he changed the "tone" of the first word, which transformed the phrase into "the ditch of the four old wives."

Men have their nicknames as well as places. Such names generally emphasise the owner's moral or physical peculiarities, and are often highly appropriate. The name Liu T'ieh-tsui, for instance, means Liu of the Iron Mouth—an allusion to his argumentative nature and love of brawling. Chou Lü, or Chou the Donkey, implies just what it would imply in England. One man writhes under the name YüHsieh-tzŭ—Yü the Scorpion—because his neighbours look upon him as a poisonous creature. Another is known as Wang Ko-p'i-tzŭ—Wang Gash-skin—because he is possessed of a knife-like sharpness of tongue. Yet another is spoken of as Chang T'ien Tzŭ—Chang the Son of Heaven, or Chang the Emperor—because he is the tyrant of his village.

The food of the people, as everywhere in China, is largely vegetarian, but fish (dried and fresh) is naturally eaten by all classes in Weihaiwei, and pork is consumed by all except the very poorest. The Chinese, it seems clear, would willingly endorse the judgment given in theAnatomy of Melancholy, where we are told that "pork of all meats is most nutritive in his own nature." Rice—the staple food in south China—is something of a luxury, as it has to be imported. There is a kind of "dry-rice"[104]grown in Shantung, but it is not a common crop in Weihaiwei. The ordinary grain-crops are wheat, millet, maize, barley and buckwheat. The wheat is harvested about the end of June and early in July. Immediately after the harvest the fields are ploughed up and sown with beans. The land is cultivated to its utmost capacity, and it need hardly be said that the farmer takes care to waste no material that may be useful for manuring purposes. Most fields are made to yield at least three crops every two years, and as the rotation of crops is well understood it is seldom that land is allowed to lie fallow.

In recent years very large areas have been devoted to pea-nuts, which are exported from Weihaiwei to the southern parts in enormous quantities and have become a source of considerable profit. Vegetables are grown in large quantities and include asparagus, onions, cabbage, garlic, celery, spinach, beans and sweet potatoes. Fruit is not cultivated to any great extent, though there are apples, peaches, apricots, plums, pears, melons and some other varieties, most of which are inferior to similar fruit grown in England. The services of an English fruit-grower were obtained by the British Government of Weihaiwei during the years 1905-8 with the two chief objects of testing the suitability of the district for fruit-cultivation and inducing the people if possible to make fruit-growing an important local industry. Partly owing to lack of enterprise and to a want of familiarity with the conditions under which fruit could be exported or profitably disposed of, the people have not responded to the efforts of the Government with any enthusiasm; but that Weihaiwei is a suitable locality for fruit-growing as well as for the cultivation of many kinds of vegetables has been amply demonstrated. The grape-vine flourishes provided reasonable precautions are taken against insect-pests.[105]Of English fruits which do well in Weihaiwei are apples, pears, plums, black-currants and strawberries. Of the last-named fruit it has been reported that "English varieties grow and crop splendidly, and the fruit is equal in every way to first-class fruit of the same varieties grown at home. All the varieties introduced proved to be perfectly hardy without any protection whatever."

Weihaiwei is not without game of various kinds, though the want of sufficient cover keeps down the numbers of many game-birds that would otherwise thrive. Woodcock are rare, and pheasants rarer still; but partridges are to be found in certain localities such as the neighbourhood of Lin-chia-yüan, near Wên-ch'üan-t'ang, and other hill-districts. The coasts are visited by various kinds of duck and teal, wild geese are common enough in winter, and the wild swan has been shot occasionally; but the best sport is provided in spring and autumn by the snipe. The record "bag," so far as I am aware, is ninety-five and a half couple of snipe in one day to two guns. The local Annals tell us that a small spotted deer, and also wild boar, used to be common among the hills of Weihaiwei, but they are now unknown. The Manchurian Muntjak tiger (Felis brachyurus) has also disappeared. Mount Macdonald and other wild parts of the Territory harbour a few wolves which occasionally raid the outskirts of a village and kill pigs and other animals. In seasons of famine, as we have seen,[106]the wolves of Weihaiwei have been something of a scourge, but they have greatly decreased in numbers in recent years. Foxes are occasionally seen, and there are said to be some wild cats. Hares are numerous, and until the disbandment of the Chinese Regiment they were regularly hunted with a pack of harriers.

Agriculture, fishing and the manufacture of a rough silk form the principal industries of the people. The silk-worms are fed not on the mulberry but, as already mentioned, on the leaves of the scrub-oak, which now covers large areas of mountain land that would otherwise be totally unproductive. One may often notice, about the months of June and July, small shreds of red cloth tied to the oak-shrubs on which the silk-worms are feeding. Red is the colour which betokens happiness and success, and rags of that colour when tied to shrubs and fruit-trees are supposed to act as charms, guaranteeing the success of the fruit and silk crops, and keeping away injurious insects. Men who are engaged in the work offang-ts'an—putting out the worms on the oak-leaves—make success surer by adorning the front of their own coats with similar pieces of red cloth. They also invoke the sympathy and help of theshan-shên, or Spirit of the Mountain, by erecting miniature shrines to that deity.

If the Weihaiwei villages are not in themselves objects of beauty they are often surrounded by groves of trees which go far to conceal their less attractive features; and many of the cottages have little gardens which if chiefly devoted to vegetables are seldom quite destitute of flowers. The peony, chrysanthemum, wild lilies and roses, spiræa, hibiscus, jasmine, sunflower, campanula, iris and Michaelmas daisy are all common, and a few experiments made since the British occupation prove that numerous English flowers such as the Canterbury Bell, mignonette, carnation, aster, wall-flower, geranium and many others, in spite of an uneven rainfall and extremes of heat and cold seldom experienced in England, find a congenial home in Weihaiwei. Many of the flowering plants are prized for their medicinal qualities, real or supposed. The sunflower-seed—as in India and Russia—is used as a food for both men and animals, and the leaves and stems are said to make good fodder. A little purple wildflower namedching tzŭthat grows on sandy soil near the sea-side is in some localities eaten by women on account of its magical efficacy in giving strength to unborn children: but this superstition seems to be dying out.

The trees in the neighbourhood of villages and in graveyards are common property, and it is very rarely, therefore, that they are cut down: elsewhere trees are very few, and timber is so scarce that large quantities are imported yearly from Manchuria.[107]Some of the principal trees of the Territory are the fir (Pinus ThunbergiiandPinus Massoniana), ailanthus,wu-t'ung(Paulonia imperialis) and white poplar; and there are also cypress, walnut,ch'iu(Catalpa), pomegranate, wax-tree,[108]the beautiful maidenhair tree (Salisbaria adiantifolia)[109]and thehuai shu(Sophora japonica).

Among the trees introduced since the British occupation, the acacia, Lombardy poplar, laburnum, yew and some others thrive in the Territory, but the oak, sycamore, elm, birch, mountain-ash and many other trees well known in England have hitherto proved failures. From the present denuded condition of the hills one would hardly suppose that the people of Weihaiwei cared much for trees: yet as a matter of fact they value them highly for their shade and for their beauty. Public opinion is strongly averse to the wanton destruction of all trees and herbage. An illustration of this is given in the local records. "It is a very evil thing," says theWeihaiwei Chih, "to set fire to the woods and shrubs, and pitifully cruel to the living animals that are made to suffer thereby. In the Shun Chih period [about 1650] Chiang Ping and his sons used to behave in this dreadful manner at Li Shan [a few miles from Weihaiwei city]. They received numberless warnings but never would they depart from their evil courses. One day they were going home from market and lit a fire on the hillside. Suddenly when the fire had begun to blaze a fierce wind sprang up, and Chiang Ping and his three sons were all burned to death. This is a warning that men should take to heart."

The compilers of theJung-ch'êng Chihsum up the character and manners of the people in a way that hardly needs amplification and shows what are the features that strike a Chinese observer as of special interest. "They are very simple and somewhat uncouth and unpolished," he says, "but they arehonest. They have some good old customs and show by their conduct that they are guided by the light of nature more than by learning. The men are independent and self-reliant; the women are frugal, modest, and are most careful of their chastity. If they lose that they hold life as worthless. The men till the land; the women spin. The people are stupid at business of a mercantile nature: merchants therefore are few. Many strangers from other districts live on the islands and in the market-centres.[110]In bad years when the harvests are scanty and there is a dearth of grain the hill-grasses and wild herbs are used as food. Clansmen, relatives, and neighbours take pity on each other's distress, hence one rarely hears of the sale of boys and girls.[111]... Betrothals are arranged when the principals are still in their swaddling-clothes, and thus (owing to deaths and other causes) marriages often fail to take place. Babyhood is certainly too early a time for betrothals.[112]There are too many betrothals between people of different districts: hence one may find women over thirty years of age still unmarried.[113]This tends to the grave injury of morals. When betrothals are discussed it is considered by all disgraceful to hold mercenary views[114]or to aim at riches and honours. It is also considered discreditable to give a girl to a man as a concubine."[115]

The "uncouthness" of the people must be understood in a relative sense only. In spite of the fact that the great majority are illiterate they possess in a marked degree the natural courtesy that characterises so many Oriental races. In considering this point with reference to Chinese in general one must not ignore the fact that they have been often guilty of rudeness and even savage brutality in their intercourse with Western foreigners; but to regard rudeness and brutality as permanent or prominent elements in the Chinese character would be absurd, for if such were the case every Chinese village would be in a chronic state of social chaos. Outbursts against foreigners, however inexcusable from a moral standpoint, are always traceable to some misunderstanding, to foreign acts of aggression or acts which the Chinese rightly or wrongly interpret as acts of aggression, or to abnormal political or social conditions for which foreigners are rightly or wrongly held responsible. Most unprejudiced foreigners are willing to admit that in normal times the Chinese are a singularly courteous people, except when they have taken on a veneer of Western civilisation in the treaty-ports[116]and have lost their national graces. If the Chinese behave politely to foreigners—whom they do not like—we may well suppose that in social intercourse with one another their manners are still more courteous: and this is undoubtedly true. Their rules of ceremony may seem, from the foreigner's point of view, too stiff and artificial, or exasperating in their pedantic minuteness. The European is inclined to laugh at social laws which indicate with preciseness when and how a mourner should wail at a funeral, what expressions a man must use when paying visits of condolence or congratulation, what clothes must be worn on different occasions, how a visitor must be greeted, how farewells are to be said, how modes of salutation are to be differentiated and how chairs are to be sat upon. But, after all, every race has its own code of polite manners, and rules that impress a foreigner as intolerably formal or as ludicrous seem quite natural to one who has been accustomed to them from his earliest childhood. The rules of Chinese etiquette may be stiff, but there is no stiffness about the Chinese gentleman—or about the illiterate Chinese peasant—when he is acting in accordance with those rules.

Gambling has been mentioned as one of the vices of the people. That this should be a common failing among the Chinese is not a matter of surprise, seeing that there is probably no race among whom the gambling instinct is not to be found. It is, perhaps, specially likely to develop itself strongly among a people who, through lack of general culture, are at a loss to find suitable occupations for their leisure hours. The Chinese, however, delight in games for their own sake, as is evident from their fondness for their own somewhat complicated forms of chess and similar games. Serious cases of gambling are of course punished by the law. A new penal offence is opium-smoking, which now can be indulged in only by persons who hold a medical certificate. According to the official lists prepared by the local Government, the number of people who may be regarded as inveterate smokers amounts to no more than (if as many as) one per cent. of the population: but there is a certain amount of secret smoking and doubtless a good deal of smuggling.

On the whole, it cannot be said that opium seems to have done any very serious harm to the health or morals of the people of this district,—not, at least, as compared with the havoc wrought by alcohol in England and Scotland. If the experience of Weihaiwei goes for anything, the view sometimes held that opium-smokers must necessarily become slaves to the drug is an erroneous one. Many persons who were in the habit of indulging in an occasional pipe of opium at festive gatherings have now abjured the seductive drug without a sigh, and—judging from a few rather ominous indications—seem inclined to take to the wine-pot as a substitute. It may be only a curious coincidence that while I have been obliged to punish only six Chinese for drunkenness during a period of about five years, all six cases have occurred since the establishment of the new anti-opium regulations in 1909.

The Chinese have great reverence for book-learning, but poverty and the necessity for hard work from an early age have made it hopeless for the Weihaiwei villager to aspire to erudition. Every large village and every group of small villages have schools, but they are attended only by a small though gradually increasing proportion of the village children. The schoolmasters, moreover, are neither a very zealous nor a very learned body,—not a surprising fact when it is remembered that they receive no more than a bare living wage. At present the proportion of villagers who can read and write is very small—probably under ten per cent.—and even the headmen are often unable to sign their own names.

Not much progress in education has been made under British rule, for the resources of the Government are meagre in the extreme. A Government school at Port Edward and one or two missionary schools provide elementary education for a few dozen children, but very little has been done to improve the villageschools. It need hardly be said that except in the Government and missionary schools the education, such as it is, is confined to the orthodox curriculum of "Old China": the flood of Western learning has not yet affected the little backwater of Weihaiwei except to the extent of rousing a certain limited interest in such subjects as geography and arithmetic.

Writing of present-day conditions, a Chinese diplomatist in the United States has stated that "John Stuart Mill, Huxley, Spencer, Darwin and Henry George, just to mention a few of the leading scholars of the modern age, are as well known in China as in this country. The doctrine of the survival of the fittest is on the lips of every thinking Chinese.... Western knowledge is being absorbed by our young men at home or abroad at a rapid rate, and the mental power of a large part of four hundred millions of people, formerly concentrated on the Confucian classics, is being turned in a new direction—the study of the civilisation of the West."[117]These remarks are true enough of a large and rapidly growing number of the Chinese people: but Weihaiwei and the neighbouring regions have more in common with the Old China that is passing away than with the New China that is coming and to come.

The ignorance of the people of Weihaiwei is naturally accompanied by many strange fancies and crude superstitions. Some of these must be considered when we are dealing with the religious ideas of the people; here it will be sufficient to mention a few of the miscellaneous notions that seem to be connected with no definite religious faith. There are, of course, ghosts and devils of many kinds and of varying degrees of malevolence. One means of protecting oneself against these dreadful creatures is to engage a fortune-teller or a Taoist priest to provide a charm (fu),[118]the mere presence of which is supposedto throw a whole army of demons into helpless confusion. Children, it is thought, are specially liable to injury from evil spirits, and many of them have charms or talismans carefully sewn into their clothes. A piece of red cloth or a few scarlet threads woven into the queue are understood to answer the purpose nearly as well. A disagreeable monster called the Celestial Dog (T'ien Kou) is supposed to be the cause of ill-temper and petulance in small children; but even he can be got rid of by nailing a cunningly-prepared charm above the afflicted child's bed. It is curious that a dog (a black one) also plays an undignified part in the nursery-mythology of our own happy land. Whether the Western dog would yield to the same treatment as the Eastern one is a question that might easily be solved by any parent who is prepared to make use of the charm here reproduced.[119]


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