'If he didn't, he was put in the stocks for one day or two days, and if that was no good, he was banished from the village.'

A monk complained to me of the bad habits of the young men in villages.

'Could government do nothing?' he asked. They used shameful words, and they would shout as they pa.s.sed his monastery, and disturb the lads at their lessons and the girls at the well. They were not well-behaved. In the Burmese time they would have been punished for all this--made to draw so many buckets of water for the school-gardens, or do some road-making, or even be put in the stocks. Now the headman was afraid to do anything, for fear of the great government. It was very bad for the young men, he said.

All villages were not alike, of course, in their enforcement of good manners and good morals, but, still, in every village they were enforced more or less. The opinion of the people was very decided, and made itself felt, and the influence of the monastery without the gate was strong upon the people.

Yet the monks never interfered with village affairs. As they abstained from state government, so they did from local government. You never could imagine a Buddhist monk being a magistrate for his village, taking any part at all in munic.i.p.al affairs. The same reasons that held them from affairs of the state held them from affairs of the commune. I need not repeat them. The monastery was outside the village, and the monk outside the community. I do not think he was ever consulted about any village matters. I know that, though I have many and many a time asked monks for their opinion to aid me in deciding little village disputes, I have never got an answer out of them. 'These are not our affairs,' they will answer always. 'Go to the people; they will tell you what you want.' Their influence is by example and precept, by teaching the laws of the great teacher, by living a life blameless before men, by preparing their souls for rest. It is a general influence, never a particular one. If anyone came to the monk for counsel, the monk would only repeat to him the sacred teaching, and leave him to apply it.

So each village managed its own affairs, untroubled by squire or priest, very little troubled by the state. That within their little means they did it well, no one can doubt. They taxed themselves without friction, they built their own monastery schools by voluntary effort, they maintained a very high, a very simple, code of morals, entirely of their own initiative.

All this has pa.s.sed, or is pa.s.sing away. The king has gone to a banishment far across the sea, the ministers are either banished or powerless for good or evil. It will never rise again, this government of the king, which was so bad in all it did, and only good in what it left alone. It will never rise again. The people are now part of the British Empire, subjects of the Queen. What may be in store for them in the far future no one can tell, only we may be sure that the past can return no more. And the local government is pa.s.sing away, too. It cannot exist with a strong government such as ours. For good or for evil, in a few years it, too, will be gone.

But, after all, these are but forms; the soul is far within. In the soul there will be no change. No one can imagine even in the far future any monk of the Buddha desiring temporal power or interfering in any way with the government of the people. That is why I have written this chapter, to show how Buddhism holds itself towards the government. With us, we are accustomed to ecclesiastics trying to manage affairs of state, or attempting to grasp the secular power. It is in accordance with our ideals that they should do so. Our religious phraseology is full of such terms as lord and king and ruler and servant. Buddhism knows nothing of any of them. In our religion we are subject to the authority of deacons and priests and bishops and archbishops, and so on up to the Almighty Himself. But in Buddhism every man is free--free, subject to the inevitable laws of righteousness. There is no hierarchy in Buddhism: it is a religion of absolute freedom. No one can d.a.m.n you except yourself; no one can save you except yourself. Governments cannot do it, and therefore it would be useless to try and capture the reins of government, even if you did not destroy your own soul in so doing.

Buddhism does not believe that you can save a man by force.

As Buddhism was, so it is, so it will remain. By its very nature it abhors all semblance of authority. It has proved that, under temptation such as no other religion has felt, and resisted; it is a religion of each man's own soul, not of governments and powers.

CHAPTER VIII

CRIME AND PUNISHMENT

'Overcome anger by kindness, evil by good.'

_Dammapada._

Not very many years ago an officer in Rangoon lost some currency notes.

He had placed them upon his table overnight, and in the morning they were gone. The amount was not large. It was, if I remember rightly, thirty rupees; but the loss annoyed him, and as all search and inquiry proved futile, he put the matter in the hands of the police.

Before long--the very next day--the possession of the notes was traced to the officer's Burman servant, who looked after his clothes and attended on him at table. The boy was caught in the act of trying to change one of the notes. He was arrested, and he confessed. He was very hard up, he said, and his sister had written asking him to help her. He could not do so, and he was troubling himself about the matter early that morning while tidying the room, and he saw the notes on the table, and so he took them. It was a sudden temptation, and he fell. When the officer learnt all this, he would, I think, have withdrawn from the prosecution and forgiven the boy; but it was too late. In our English law theft is not compoundable. A complaint of theft once made must be proved or disproved; the accused must be tried before a magistrate.

There is no alternative. So the lad--he was only a lad--was sent up before the magistrate, and he again pleaded guilty, and his master asked that the punishment might be light. The boy, he said, was an honest boy, and had yielded to a sudden temptation. He, the master, had no desire to press the charge, but the reverse. He would never have come to court at all if he could have withdrawn from the charge. Therefore he asked that the magistrate would consider all this, and be lenient.

But the magistrate did not see matters in the same light at all. He would consider his judgment, and deliver it later on.

When he came into court again and read the judgment he had prepared, he said that he was unable to treat the case leniently. There were many such cases, he said. It was becoming quite common for servants to steal their employers' things, and they generally escaped. It was a serious matter, and he felt himself obliged to make an example of such as were convicted, to be a warning to others. So the boy was sentenced to six months' rigorous imprisonment; and his master went home, and before long had forgotten all about it.

But one day, as he was sitting in his veranda reading before breakfast, a lad came quickly up the stairs and into the veranda, and knelt down before him. It was the servant. As soon as he was released from gaol, he went straight to his old master, straight to the veranda where he was sure he would be sitting at that hour, and begged to be taken back again into his service. He was quite pleased, and sure that his master would be equally pleased, at seeing him again, and he took it almost as a matter of course that he would be reinstated.

But the master doubted.

'How can I take you back again?' he said. 'You have been in gaol.'

'But,' said the boy, 'I did very well in gaol. I became a warder with a cap white on one side and yellow on the other. Let the thakin ask.'

Still the officer doubted.

'I cannot take you back,' he repeated. 'You stole my money, and you have been in prison. I could not have you as a servant again.'

'Yes,' admitted the boy, 'I stole the thakin's money, but I have been in prison for it a long time--six months. Surely that is all forgotten now.

I stole; I have been in gaol--that is the end of it.'

'No,' answered the master, 'unfortunately, your having been in gaol only makes matters much worse. I could forgive the theft, but the being in gaol--how can I forgive that?'

And the boy could not understand.

'If I have stolen, I have been in gaol for it. That is wiped out now,'

he said again and again, till at last he went away in sore trouble of mind, for he could not understand his master, nor could his master understand him.

You see, each had his own idea of what was law, and what was justice, and what was punishment. To the Burman all these words had one set of meanings; to the Englishman they had another, a very different one. And each of them took his ideas from his religion. To all men the law here on earth is but a reflection of the heavenly law; the judge is the representative of his G.o.d. The justice of the court should be as the justice of heaven. Many nations have imagined their law to be heaven-given, to be inspired with the very breath of the Creator of the world. Other nations have derived their laws elsewhere. But this is of little account, for to the one, as to the other, the laws are a reflection of the religion.

And therefore on a man's religion depends all his views of law and justice, his understanding of the word 'punishment,' his idea of how sin should be treated. And it was because of their different religions, because their religions differed so greatly on these points as to be almost opposed, that the English officer and his Burman servant failed to understand each other.

For to the Englishman punishment was a degradation. It seemed to him far more disgraceful that his servant should have been in gaol than that he should have committed theft. The theft he was ready to forgive, the punishment he could not. Punishment to him meant revenge. It is the revenge of an outraged and injured morality. The sinner had insulted the law, and therefore the law was to make him suffer. He was to be frightened into not doing it again. That is the idea. He was to be afraid of receiving punishment. And again his punishment was to be useful as a warning to others. Indeed, the magistrate had especially increased it with that object in view. He was to suffer that others might be saved. The idea of punishment being an atonement hardly enters into our minds at all. To us it is practically a revenge. We do not expect people to be the better for it. We are sure they are the worse.

It is a deterrent for others, not a healing process for the man himself.

We punish A. that B. may be afraid, and not do likewise. Our thoughts are bent on B., not really on A. at all. As far as he is concerned, the process is very similar to pouring boiling lead into a wound. We do not wish or intend to improve him, but simply and purely to make him suffer.

After we have dealt with him, he is never fit again for human society.

That was in the officer's thought when he refused to take back his Burmese servant.

Now see the boy's idea.

Punishment is an atonement, a purifying of the soul from the stain of sin. That is the only justification for, and meaning of, suffering. If a man breaks the everlasting laws of righteousness and stains his soul with the stain of sin, he must be purified, and the only method of purification is by suffering. Each sin is followed by suffering, lasting just so long as to cleanse the soul--not a moment less, or the soul would not be white; not a moment more, or it would be useless and cruel.

That is the law of righteousness, the eternal inevitable sequence that leads us in the end to wisdom and peace. And as it is with the greater laws, so it should, the Buddhist thinks, be with the lesser laws.

If a man steals, he should have such punishment and for such a time as will wean his soul from theft, as will atone for his sin. Just so much.

You see, to him mercy is a falling short of what is necessary, a leaving of work half done, as if you were to leave a garment half washed. Excess of punishment is mere useless brutality. He recognizes no vicarious punishment. He cannot understand that A. should be d.a.m.ned in order to save B. This does not agree with his scheme of righteousness at all. It seems as futile to him as the action of washing one garment twice that another might be clean. Each man should atone for his own sin, _must_ atone for his own sin, in order to be freed from it. No one can help him, or suffer for him. If I have a sore throat, it would be useless to blister you for it: that is his idea.

Consider this Burman. He had committed theft. That he admitted. He was prepared to atone for it. The magistrate was not content with that, but made him also atone for other men's sins. He was twice punished, because other men who escaped did ill. That was the first thing he could not understand. And then, when he had atoned both for his own sin and for that of others, when he came out of prison, he was looked upon as in a worse state than if he had never atoned at all. If he had never been in prison, his master would have forgiven his theft and taken him back, but now he would not. The boy was proud of having atoned in full, very full, measure for his sin; the master looked upon the punishment as inconceivably worse than the crime.

So the officer went about and told the story of his boy coming back, and expecting to be taken on again, as a curious instance of the mysterious working of the Oriental mind, as another example of the extraordinary way Easterns argue. 'Just to think,' said the officer, 'he was not ashamed of having been in prison!' And the boy? Well, he probably said nothing, but went away and did not understand, and kept the matter to himself, for they are very dumb, these people, very long-suffering, very charitable. You may be sure that he never railed at the law, or condemned his old master for harshness.

He would wonder why he was punished because other people had sinned and escaped. He could not understand that. It would not occur to him that sending him to herd with other criminals, that cutting him off from all the gentle influences of life, from the green trees and the winds of heaven, from the society of women, from the example of n.o.ble men, from the teachings of religion, was a curious way to render him a better man.

He would suppose it was intended to make him better, that he should leave gaol a better man than when he entered, and he would take the intention for the deed. Under his own king things were not much better.

It is true that very few men were imprisoned, fine being the usual punishment, but still, imprisonment there was, and so that would not seem to him strange; and as to the conduct of his master, he would be content to leave that unexplained. The Buddhist is content to leave many things unexplained until he can see the meaning. He is not fond of theories. If he does not know, he says so. 'It is beyond me,' he will say; 'I do not understand.' He has no theory of an occidental mind to explain acts of ours of which he cannot grasp the meaning; he would only not understand.

But the pity of it--think of the pity of it all! Surely there is nothing more pathetic than this: that a sinner should not understand the wherefore of his sentence, that the justice administered to him should be such as he cannot see the meaning of.

Certain forms of crime are very rife in Burma. The villages are so scattered, the roads so lonely, the amount of money habitually carried about so large, the people so habitually careless, the difficulty of detection so great, that robbery and kindred crimes are very common; and it is more common in the districts of the delta, long under our rule, than in the newly-annexed province in the north. Under like conditions the Burman is probably no more criminal and no less criminal than other people in the same state of civilization. Crime is a condition caused by opportunity, not by an inherent state of mind, except with the very, very few, the exceptional individuals; and in Upper Burma there is, now that the turmoil of the annexation is past, very little crime comparatively. There is less money there, and the village system--the control of the community over the individual--the restraining influence of public opinion is greater. But even during the years of trouble, the years from 1885 till 1890, when, in the words of the Burmese proverb, 'the forest was on fire and the wild-cat slapped his arm,' there were certain peculiarities about the criminals that differentiated them from those of Europe. You would hear of a terrible crime, a village attacked at night by brigands, a large robbery of property, one or two villagers killed, and an old woman tortured for her treasure, and you would picture the perpetrators as hardened, brutal criminals, lost to all sense of humanity, tigers in human shape; and when you came to arrest them--if by good luck you did so--you would find yourself quite mistaken. One, perhaps, or two of the ringleaders might be such as I have described, but the others would be far different. They would be boys or young men led away by the idea of a frolic, allured by the romance of being a free-lance for a night, very sorry now, and ready to confess and do all in their power to atone for their misdeeds.

Nothing, I think, was more striking than the universal confession of criminals on their arrest. Even now, despite the spread of lawyers and notions of law, in country districts accused men always confess, sometimes even they surrender themselves. I have known many such cases.

Here is one that happened to myself only the other day.

A man was arrested in another jurisdiction for cattle theft; he was tried there and sentenced to two years' rigorous imprisonment. Shortly afterwards it was discovered that he was suspected of being concerned in a robbery in my jurisdiction, committed before his arrest. He was therefore transferred to the gaol near my court, and I inquired into the case, and committed him and four others for trial before the sessions judge for the robbery, which he admitted.

Now, it so happened that immediately after I had pa.s.sed orders in the case I went out into camp, leaving the necessary warrants to be signed in my absence by my junior magistrate, and a mistake occurred by which the committal-warrant was only made out for the four. The other man being already under sentence for two years, it was not considered necessary to make out a remand-warrant for him. But, as it happened, he had appealed from his former sentence and he was acquitted, so a warrant of release arrived at the gaol, and, in absence of any other warrant, he was at once released.