L A W. 
345 
the lnft edition of it that has been publifhed at Pekin. It 
is in thefe words: “Recently engraved in the ioth year 
of Kia.-king, a new edition of the Laws and Statutes of 
the Great Dynafty of Tfing; comprising, agreeably to the 
Univerfal Compendium promulgated by the Supreme 
Court of Judicature in the 6th year of Kia-king, all the 
additions and alterations which have been made ot late 
years in the Supplementary Statutes; alfo compendious 
AbftraCts from the various Commentaries, and an Ap¬ 
pendix, confiding of Two Books of Additional Supple¬ 
mentary Statutes.” The terms here ufed are thus ex¬ 
plained by fir George Staunton in his preface: “The 
Leu, or Fundamental Laws, are thofe of which the Penal 
Code, upon its formation foon after the accefiion of the 
prefent dynafty, appears originally to have confifted ; and 
which, being, at lealt nominally, permanent, are reprinted 
in each fucceftive edition, without either alteration or 
amendment. The Lee, or Supplementary Laws, are the 
modifications, extenfions, and reftrictions, of the Funda¬ 
mental Laws, which, after undergoing a deliberate exa¬ 
mination in the lupreme councils, and receiving the func¬ 
tion of the fovereign, are inferted in the form of claufes 
at the end of each article or fettion of the code, in order 
that they might, together with the Fundamental Laws, 
be equally known and obferved. They are generally, 
however, revifed every fifth year, and fubjefted to fuch 
alterations as the vvifdom of government determines to be 
expedient.” “Under thefe two denominations,” conti¬ 
nues fir George, “the whole body of Chinefe penal law 
is comprehended:” but he very juftly farther obferves 
that, “ under a government in which every authenticated 
expreftion of the will of the prince bears the character of 
a law, the actual number of laws malt necefl'arily be un¬ 
limited.” It appears, accordingly, that new editions of 
this code, adopting from time to time the Lee, or Supple¬ 
mentary Statutes, promulgated by the reigning monarch, 
are very frequently engraved, while the Tftng-lcu, or Fun¬ 
damental Laws eltabliftied by the prefent dynafty of Tfing, 
remain unaltered; but, as the two combined occupy, in 
fo concife a language as the Chinefe, no lefs than 2906 
oftavo pages, fir George wifely determined to give an en¬ 
tire tranflation of the latter only; throwing into an Ap¬ 
pendix fome occafional fpecimens of the former, which 
are diverfified by feveral proclamations, and other docu¬ 
ments of great intereft. 
The prefatory ediftof the emperor Shun-Chee, the firft 
of the prefent dynafty, will fhow in what manner the 
code was originally formed, and may ferve as an example 
of a Chinefe imperial edict: “When we contemplate the 
progreftive eftablifhment of our dominions in the Eaft, by 
our royal anceftors and immediate predeceflors, we ob- 
l'erve, that the fimplicity of the people originally required 
but tew laws; and that, with the exception of crimes of 
extraordinary enormity, no punifliments were inflicted 
betides thofe of the whip and the bamboo. Since, how¬ 
ever, the Divine Will has been gracioufiy pleafed to en- 
trutt us with the adminiftration of the empire of China, 
a multitude of judicial proceedings in civil and criminal 
cafes, arifing out of the various difpofitions and irregular 
patfions of mankind in a great and populous nation, have 
fucceftively occupied our royal attention. Hence we have 
luffered much inconvenience, from the necellity we have 
been almott conltantly under of either aggravating or mi¬ 
tigating the erroneous fentences of the magiftrates ; who, 
previous to the re-eftablilhment of a fixed" code of penal 
iaws, were not in pofleftion of any fecure foundation, 
upon which they could build a juft and equitable decifion. 
A numerous body of magiftrates was, therefore, afl'embled 
at die capital, by our command, for the purpofe of re¬ 
viling the penal code, formerly in force under the late dy- 
nafty of Ming, and of digefting the fame into a new code, 
by the exclufion of fuch parts as were exceptionable, and 
the introduction of others, which were likely to contri¬ 
bute to the attainment of juftice, and to the general per- 
Vol. XII. No, 834.. 
feCtion of the work. The refult of their labours having 
been fubmitted to our examination, we maturely weighed 
and confidered the various matter it contained, and then 
inftruCted a feleCt number of our great officers of date 
carefully to revile the whole, for the purpofe of making 
fuch alterations and emendations as might ftill be found 
reqnifite. As foon as this object was accotnplilhed, we 
iffued our royal authority for the imprelfion and publica¬ 
tion of the U'ork, under the title of Ta Tfing Leu chee 
Kiay-foo Lee-, or, The general Laws of the Imperial Dy¬ 
nafty, of Tfing, collected and explained, and accompanied 
by Supplementary Claufes. 
“ Wherefore, officers and magiftrates of the interior 
and exterior, departments of our empire, be it your care 
diligently to obierve the lame, and to forbear in future to 
give any decifion, or to pafs any (entente, according to 
your private fentiments, or upon your unfupported au¬ 
thority. Thus ftiall the magiftrates and people look up 
with awe and fubmiftion to the juftice of thefe inftitu- 
tions, as they find themfelves refpeCtively concerned in 
them; the tranfgreflor will not fail to fuffcr a ft rift expia¬ 
tion for his .offences, and will be the inftrument of deter¬ 
ring others from fimilar mifconduCt; and, finally, the go¬ 
vernment and ihe people will be equally fecured for end- 
lefs generations in the enjoyment of the happy effects of 
the great and noble virtues of our illuftrious progenitors. 
Dated the 5th Moon, of the third year, of Shun-Chee ; 
A. D. 1647.” 
Each of the four fucceeding emperors prefixed an ad¬ 
monitory ctifcourfe of fimilar import to his own edition ; 
and Yong-Tching in particular has given vent to his de¬ 
fire “of adapting the penalties of the laws in a juft pro¬ 
portion to the crimes againft which they are denounced ;” 
a principle which appears'to be at the bottom of the whole 
of this penal fyftem. 
The code comprifes feven divifions, and each divifion 
contains one or more books. The ilt divifion confills of 
general laws, or preliminary ordinances. The 2d contains 
the civil laws relative to the fyftem of government and 
the conduct of magiftrates. The 3d, fifcal laws, com- 
prifing enrolment of the people, lands and tenements, 
marriage, public property, duties and cuftoms, private 
property, fales and markets. The 4th, ritual laws, con¬ 
taining facred rites, milcellaneous obfervances. The 5th, 
military laws, comprifing the protection of the palace, 
the government of the army, the protection of the fron¬ 
tier, military horfes and cattle, exprefles and public ports. 
The 6th, criminal laws, viz. robbery and theft, homicide, 
quarrelling and fighting, abufive language, indictments 
and informations, bribery and corruption, forgeries and 
frauds, inceft and adultery, mifcellaneous offences, ar- 
refts and efcapes, imprifonment, judgment and execution. 
The 7th and lait contains the laws relating to public 
works, and includes public buildings and pubiic ways. 
Thefe divifions are preceded by various tables, eltabiilh- 
ing a fcale of puniihment for the offences defcribed, and 
defining the inftruments with which it is by law to be in¬ 
flicted; but the very firft feclion of the Preliminary Re¬ 
gulations enafls a permanent reduction in the fentence 
parted again (1 offenders, as thus: “The loweft degree 
of puniihment is a moderate correction inflicted with the 
fmaller bamboo, in order that the tranfgnelTbr of the law 
may entertain a fenfe of fhame for his part, and receive a 
falutary admonition with refpeCl to his future, conduct.” 
Of this fpecies of puniihment there are five degrees: 
The firft 
The fecond 
The third 
The fourth 
The fifth 
nomi¬ 
nal ly a 
puniih¬ 
ment of 
10 blows, 
20 blows, 
30 blows, 
40 blows, 
50 blows,- 
of 
which 
only 
are to be 
inflicted. 
The fecond degree, or divifion of punifinnenf, is in¬ 
flicted with the larger bamboo, and is iubdivided in the 
following manner: 
4 T 
The 
