L 
546 
L A W. 
The firft 
The fecond 
The third 
The fourth 
The fifth ■ 
nomi¬ 
nally a 
punifh- 
mentof 
, 60 blows,- 
70 blows, 1 
°f 1^5] 
J 80 blows, ’ 
► which 4 30 V 
90 blows, 
i only 35 
^ I ooblows. 
1 S-o J 
are to he 
intlifted. 
The third divifion in the fcale of punifhments is, that 
of temporary banifhment, to any diftance not exceeding 
500 lee, (150 miles,) with the view of affording ah op¬ 
portunity of repentance and amendment. Of this fpe- 
cies of punifhment there are alfo five gradations; namely, 
year, and 60 blows-. 
j 1 ^ year, and 70 blows with the greater 
Banifhment for ■< 2 years, and 80 blows s-bamboo,reduced 
I 2| years, and 90 blows as above. 
3 years, and iooblows^ 
The fourth fcale is divided into three degrees of perpe¬ 
tual banifinment, of 2000 lee, 2500, or 3000, and 100 
blows. The fifth and lad is divided into two modes of 
punilhment with death, by ftrangulation and by defla¬ 
tion. To thefe may be added a fixth, by flow and pain¬ 
ful death, in cafe of treafon and fome other offences. 
All criminals capitally convicted, except fiich atrocious 
offenders as are exprefsly directed to be e:*cuted without 
delay, are retained in prifon for execution at a particular 
period in the autumn ; the fentence paffed upon each in¬ 
dividual being firft duly reported to, and ratified by, the 
emperor. See the article China, vol. iv. p. 490. But 
we are now informed that (as in ancient Rome) it is con- 
fidered as a matter of eminent grace and favour to permit 
a capital convift to execute the fentence of death with 
bis own hands. It will be noticed as a peculiarity, that 
imprifonment does not appear in the enumeration of pe¬ 
nalties ; but in fome parts of the code it makes a part of 
capital fentences, as a kind of preparation for death. 
It is a maxim of the Chinefe government, that the 
fiate is one great family, and the prince the father of it ; 
and, according to Confucius, the fame principle that go¬ 
verns a well-regulated family is the bafis and foundation 
of the wife government of a kingdom; that kings fiiould 
have the fame tendernefs for their fubjefts as parents for 
their children; and that every father fiiould have in his 
family the power of a king. Where paternal power, 
therefore, is the principle that governs the empire, we 
need not be furprifed at the extent of authority allowed 
to the parent; particularly as the father, or the fenior of 
the family, may become refponfible for the aft of a child; 
thus, in all cafes, where the parties to an offence are mem¬ 
bers of the fame family, the punifhment falls upon the 
chief or fenior member of that family, unlefs upwards 
of eighty years of age, or totally difabled ; in which 
cafe the punilhment falls upon the next in fuccelfion : 
nor need we wonder that parricide, which includes 
father, mother, uncle and aunt, grandfather and grand¬ 
mother, is ranked among the ten abominations ; nor that 
the child flunking or abufing a father, mother, pater¬ 
nal grandfather or grandmother, fiiould be punifhed 
with death. The parent who kills his offspring by 
feverity of chaftifement is punifhed with 100 blows; de- 
fignedly killing him, if difobedient, fubjefts to 60 and a 
year’s banifhment; and he who kills his fon or grandfon, 
and attributes it to another perfon, is fentenced to 70 
blows and a year and a half’s banifhment. The parent 
is not allowed to fell his child, either with or without 
confent, under a penalty of 80 blows in the latter cafe, 
and one degree lefs in the former; and this punifhment 
is increafed according to the remotenefs of kindred or au¬ 
thority. Thus the punifhment for fale of a younger bro¬ 
ther, After, nephew or niece, an inferior wife, or the prin¬ 
cipal wife of a fon or grandfon, is 80 blows and two years’ 
banifhment; the fale of a junior firft coufin, junior fecond 
coufin, or a grand nephew, is 90 blows and two and a 
half years’ banifhment; but file of a daughter in marriage 
is the ufual mode of completing this contraft by the parent. 
By a law of confiderate humanity and of reverence to 
age, the cafe of an only child, if under fentence of death, 
fhail be fubmitted to the emperor, if his parents are in¬ 
firm, fick, above feventy years of age, and have no other 
male child, or grandchild, to fupport them ; and, in in¬ 
culcation of the duties of filial piety, all offenders ac- 
cufed through the ill-will of junior relations and depend¬ 
ants, (hall, in all cafes not exprefsly ftated, be pardoned, 
unlefs the crime cannot be repaired by reftitution or com- 
penfation. The wretch informing againft an elder rela¬ 
tion in the firft degree, fuch as father, mother, grandfa¬ 
ther, grandmother, or their principal or even inferior 
wives, (hall, even if the accufation be true, be punifhed 
with 100 blows, and the guilty parties, on lurrender- and 
acknowledgment of their crime, be pardoned. Perfons 
playing upon any mufical inftrument, or partaking of 
feafts, whilft a hufband, father, mother, grandfather, or 
grandmother, is in confinement on a capital charge, fub¬ 
jefts them to 80 blows. Principal marriage during the 
fame periods, or thofe of mourning, is alfo punifhed. 
The fon who kills his wife for abufing or ftriking his fa¬ 
ther or mother, grandfather or grandmother, is merely 
fubjefted to 100 blows. 
To the reafonable motives of every country for adoD- 
tion by the childlefs parent, the Chinefe added others of 
a fimilar nature to thofe infiituted by Menu. The party 
adopting is bound to maintain his adopted fon 5 but, if 
the adopter have afterwards other children, his natural 
family may demand the adopted back again. None are 
admitted to adopt the child of another family, unlefs a 
foundling under three years of age ; but fuch foundling 
fliall not fhare the inheritance of his fiftitious parent. 
The paternal authority over the adopted is reftrifted; any 
permanent injury done to him by a father, mother, pa¬ 
ternal grandfather or grandmother, is punifhed with 80 
blows ; and, if attended with total difability or irremedi¬ 
able infirmity, it is extended to 90. 
No country in the world has given fuch encouragement 
to literature as China ; literature is the only path to the 
higheft dignities of the empire ; and, though in its na¬ 
ture confined, and not fo elevated as Europe can boaft, 
yet all the honours ever conferred on fcience by the weft 
fall far fliort of thofe bellowed by China on her philofo- 
pher and inftrutlor. The only family in the empire that 
has borne perpetual hereditary nobility is that of Confu¬ 
cius, and his defeendants exilt as fuch to this day, a lull¬ 
ing monument of the gratitude of an immenfe people 
and of the extraordinary virtues and merit of their founder. 
See vol. v. p. 67. 
The attention of the Chinefe government to the educa¬ 
tion of its fubjefts is no lefs politic than commendable. 
Whilft the fair claims of ability are protefted by punifh¬ 
ment of 80 blows upon the party refufing to confer de- 
ferved degrees, the undue preferment of ignorance is 
equally vifited on both the examiner and participator; 
unlefs indeed the invincible ftupidity of the latter, in not 
being aware of his inadequacy or ineligibility, render him 
rather an object of pity than vengeance. All perfons 
holding official fituations are required to be perfeft in the 
knowledge of the laws ; and their deficiency, at their an¬ 
nual examination by their fuperiors, fubjefts them to the 
lofs of a month’s falary ; and inferior officers to 40 blows. 
But the legiflation of China, though it makes all amena¬ 
ble to the laws, does not ridiculoufly fuppofe that all are 
to know them. Small tracts are indeed publifhed by the 
ftate for the general inftruftion ; but, to excite a true 
knowledge of its ordinances, it enafts, that private indi¬ 
viduals, capable of explaining their nature and compre¬ 
hending their objefts, fliall be pardoned, in all cafes, for 
offences of accident, or imputable from the guilt of others, 
unlefs implicated with any aft of treafon or rebellion. 
No other rank of nobility exifts in the empire, except 
that of imperial blood, and that acquired through letters. 
The poorelt peafant may attain the higheft employs. The 
privileges of thefe employs extend to the third generation, 
and hereditary dignities are fometimes granted by the 
crovvn a 
