CHINA. 



257 



Laws. per respect. When it is inflicted in a court of justice, 



' the presiding mandarin takes a small stick, about six 



inches in length, and one in breadth, out of a bag placed 

 before him, and throws it upon the ground. The cul- 

 prit is instantly seized by the attendants, and stretched 

 upon his face on the earth, his clothes pulled down to 

 his heels, and five smart blows applied to his posteriors ; 

 and, for every stick that the mandarin throws from his 

 bag, five additional blows are inflicted. The offender 

 must then throw himself upon his knees before the 

 judge, incline his body to the ground, and give him, 

 thanks for the care which he takes of his morals : This 

 ii affirmed to be done even by the higher officers to 

 their superiors. When women are subjected to this pu- 

 nishment, they are permitted to wear an upper and un- 

 der garment, except in cases of adultery, when they are 

 allowed only the under garment. It is said, that a Chi- 

 nese, when undergoing the bamboo, cries out in a most 

 piteous manner, and makes his acknowledgments after- 

 wards with the Utmost humiliation ; but that a Tartar 

 generally suffers in silence, grumbles against the execu- 

 tioner, and at length sullenly retires. In the case of 

 mandarins, corporal chastisement may, in ordinary cases, 

 be commuted for fine or degradation, or entire dismissal 

 from the service of government.* The near relation, 

 also, of a convicted offender, may put himself in the 

 place of his friend, and undergo the legal punishment, 

 provided that it be slight. It is affirmed, even that 

 there are persons who make a trade of offering them- 

 selves as substitutes on these cases, and who are freely 

 admitted by the judges. These persons contrive to 

 escap-.- w)thout much injury, by sharing their pay with 

 the executioner ; as the actual offender also may do, when 

 he submits in person, in the following manner : When 

 the delinquent or substitute is stretched upon the earth, 

 and the executioner ready to strike, he raises his fingers, 

 in what number he thinks proper, each of them express- 

 ing a certain number of the smaller coins. The soldier 

 understands the signal, appears to strike with all his 

 force, but takes care to make the end of the bamboo 

 touch the ground ; and thus the sufferer, though h<: does 

 not fail to utter loud cries to keep up the deception, re- 

 tires without having sustained much injury. 



2. The tcha, a kind of moveable pillory, is a wooden 

 collar, composed of two flat pieces of timber, hollowed 

 out in such a manner, that, when united together, there 

 is room for a man's neck to be inclosed between them. 

 This instrument is generally about three feet square, and 

 six inches thick ; and the ordinary weight is between 

 60 and 70 pounds ; but this is increased according to the 

 degree of guilt, and sometimes amounts to 200 pounds. 

 When this machine is placed round the neck, and resting 

 on the shoulders, the criminal is unable to see his feet, 

 or to put his hands to his mouth, and would die of hun- 

 ger if he had no person to administer his food. There 

 is always a paper attached to this collar, expressing the 

 crime and penalty of the wearer ; and he is not permit- 

 ted to conceal himself at home, or in retired situations, 

 but is condemned to appear a given time every day in 

 tome public square, street, gate, temple, or tribunal. 

 It is worn night and day, and the offenders can be relie- 

 ved from the weight only by leaning the corner or side 

 of it upon the ground ; but sometimes they are seen pro- 

 vided with a bamboo chair, the sides or posts of which 

 are raised so high as to support the tcha, without allow- 



ing it to touch the shoulder. There is still, however, no Lawi. 

 rest found for the head ; and this situation is prolonged *^"Y"" 

 for weeks, or months, according to the nature of the 

 crime. At the expiration of the assigned period, the 

 culprit must present himself before the judge, who re- 

 lieves him from his load, exhorts him to amendment, and 

 dismisses him with a slight chastisement from the bam- 

 boo. 



3. Banishment to different distances for different pe- 

 riods, or to the regions of Tartary for life ; and persons 

 suffering this sentence are obliged to wear a red cap. 

 The children, grandchildren, and wives of an exile, are 

 permitted to follow him to his place of residence. 



4>. Dragging the imperial barks for a certain number 

 of years, and within a certain range, 200, 250, or 300 

 leagues, according to the degree of delinquency. This, 

 punishment is not very frequent, perhaps, because a cer- 

 tain number of persons only is required for the purpose, 

 and a multitude of culprits would too much diminish the 

 labour. 



5. Death by strangling or beheading. The former 

 punishment is not inflicted by suspension, as in Europe, 

 but a running noose is put round the neck -jf the crimi- 

 nal, and two attendants pull the cords in different direc- 

 tions, with all their might, suddenly quit their hold for a 

 moment, then give a second pull, which generally com- 

 pletes the business ; or, the criminal is tied upright to a 

 cross, a rope passed about his neck, and twisted strong- 

 ly behind by means of a stick, or bow, in the hand of 

 the executioner. The latter punishment, that of be- 

 heading, is accounted the most infamous ; and as the 

 Chinese consider the loss of any member, with which 

 they have been born, as one of the greatest misfortunes, 

 they have a peculiar horror of suffering decapitation, and 

 of thus dying in a mutilated state, deprived of the noblest 

 part of the body. Sometimes the head of the criminal, 

 especially of an assassin, is exposed in a cage suspended 

 from a post erected at the side of the high way. Per- 

 sons guilty of high treason, are put to death by a slow 

 and painful execution ; and, though it is sometimes spe- 

 cified, that this shall be done by opening the belly of 

 the criminal, and then cutting his body into several 

 piect-s, yet it is permitted to the executioner, in general, 

 to aggravate and prolong the sufferings of the condemn- 

 ed, by any species of cruelty which he may choose to in- 

 flict. In cases of capital punishment, the sentence can- 

 not be executed till the emperor has examined and con- 

 firmed the process. When the crime is of an atrocious 

 nature, the execution is ordered to take place without 

 delay ; but, in general, it is postponed till the season of 

 autumn, when all the sentences of death are inflicted 

 throughout the empire. Before any offender is put to 

 death, a meal is set before him ; and he may be conveyed 

 to the fatal spot by a chair, or carriage, if he has the 

 means to procure it. His mouth is gagged, and the 

 judges are present at the execution. In some rare cases, 

 the sentence of death may be redeemed by a sum of mo- 

 ney, from L. 4OO to L. 4000, according to the rank and 

 ability of the offender. Persons below ten, and above 

 eighty years of age, when guilty of a capital offence, are. 

 recommended to the emperor's clemency ; and no one 

 below seven, or above ninety, is made to suffer death for 

 any crime except high treason. 



In cases of great moment, the accused are authorised T ortu e 

 to be put to the torture, in order to extort confession ; 



k '" "" CaS * f P* " 8 under fifteen, or above seventy years of age at the time of their trial, whatever may have been their asc 

 s time of committing the offence, corporal punishment ma> be redeemed, at the rate of about thirty shillings blow. 



mt the 



VOL. VJ. I'AHT I. 



2 K 



