In 746 B.C. the state of Ts'in, which had just then recently
emerged from Tartar barbarism, and had settled down permanently in
the old imperial domain, first introduced the "three stock" law,
under which the three generations, or the three family connections
of a criminal were executed for his crime as well as himself. In
596 and 550 Tsin (which thus seems to have taken the hint from
Ts'in) exterminated the families of two political refugees who had
fled to the Tartars and to Ts'i respectively. Even in Ts'u the
relatives of the man who first taught war to Wu were massacred in
585, and any one succouring the fugitive King of Ts'u was
threatened with "three clan penalties"; this last case was in the
year 529. The laws of Ts'u seem to have been particularly harsh;
in 55 the premier was cut into four for corruption, and one
quarter was sent in each direction, as a warning to the local
districts. About 650 B.C. a distinguished Lu statesman, named
Tsang Wen-chung, seems to have drawn up a special code, for one of
Confucius' pupils (two centuries later) denounced it as being too
severe when compared with Tsz-ch'an's mild laws--to be soon
mentioned. Confucius himself also described the man as being "too
showy." This Lu statesman, about twenty years later, made some
significant and informing observations to the ruler of Lu when
report came that Tsin (the Second Protector) was endeavouring to
get the Emperor to poison a federal refugee from Wei, about whose
succession the powers were at the moment quarrelling. He said:
"There are only five recognized punishments: warlike arms, the
axe, the knife or the saw, the branding instruments, the whip or
the bastinado; there are no surreptitious ones like this now
proposed." The result was that Lu, being of the same clan as the
Emperor, easily succeeded in bribing the imperial officials to let
the refugee prince go. The grateful prince eagerly offered Tsang
W&n-chung a reward; but the statesman declined to receive it, on
the ground that "a subject's sayings are not supposed to be known
beyond his own master's frontier." About, a century later a
distinguished Tsin statesman, asking what "immortality" meant, was
told: "When a man dies, but when his words live; like the words of
this distinguished man, Tsang W&n-chung, of Lu state." This same
Tsin statesman is said to have engraved some laws on iron (513),
an act highly disapproved by Confucius. It is only by thus piecing
together fragmentary allusions that we can arrive at the
conclusion that "there were judges in those days." Mention has
been several times made in previous chapters of Tsz-ch'an, whose
consummate diplomacy maintained the independence and even the
federal influence of the otherwise obscure state of Cheng during a
whole generation. In the year 536 B.C. he decided to cast the laws
in metal for the information of the people: this course was
bitterly distasteful to his colleague, Shuh Hiang of Tsin (see
Public-domain text, read in full here on John Shaqi.
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