ment of an
offence, before it is otherwise discovered, entitles the offender, with
some exceptions, to a full and free pardon; as also does restitution
of stolen property to its owner by a repentant thief; while a criminal
guilty of two or more offences can be punished only to the extent of the
principal charge. Neither are the near relatives, nor even the servants,
of a guilty man, punishable for concealing his crime and assisting him
to escape. Immense allowances are made for the weakness of human nature,
in all of which may be detected the tempering doctrines of the great
Sage. A feudal baron was boasting to Confucius that in his part of
the country the people were so upright that a son would give evidence
against a father who had stolen a sheep. "With us," replied Confucius,
"the father screens the son, and the son screens the father; that is
real uprightness." To another questioner, a man in high authority, who
complained of the number of thieves, the Master explained that this was
due to the greed of the upper classes. "But for this greed," he added,
"even if you paid people to steal, they would not do so." To the same
man, who inquired his views on capital punishment, Confucius replied:
"What need is there for capital punishment at all? If your aims are
worthy, the people also will be worthy."

There are many other striking features of the Penal Code. No marriage,
for instance, may be contracted during the period of mourning for
parents, which in theory extends to three full years, but in practice
is reckoned at twenty-seven months; neither may musical instruments
be played by near relatives of the dead. During the same period, no
mandarin may hold office, but must retire into private life; though
the observance of this rule is often dispensed with in the case of
high officials whose presence at their posts may be of considerable
importance. In such cases, by special grace of the emperor, the period
of retirement is cut down to three months, or even to one.

The death of an emperor is followed by a long spell of national
tribulation. For one hundred days no man may have his head shaved, and
no woman may wear head ornaments. For twelve months there may be no
marrying or giving in marriage among the official classes, a term which
is reduced to one hundred days for the public at large. The theatres are
supposed to remain closed for a year, but in practice they shut only
for one hundred days. Even thus great hardshi