Each of the great dynasties has always begun with a Penal Code of its own, based upon that of the outgoing dynasty, but tending to be more and more humane in character as time goes on.  The punishments in old days were atrocious in their severity; the Penal Code of the present dynasty, which came into force some two hundred and fifty years ago, has been pronounced by competent judges to take a very high rank indeed.  It was introduced to replace a much harsher code which had been in operation under the Ming dynasty, and contains the nominally immutable laws of the empire, with such modifications and restrictions as have been authorized from time to time by Imperial edict.  Still farther back in Chinese history, we come upon punishments of ruthless cruelty, such as might be expected to prevail in times of lesser culture and refinement.  Two thousand years ago, the Five Punishments were—­branding on the forehead, cutting off the nose, cutting off the feet, mutilation, and death; for the past two hundred and fifty years, these have been—­beating with the light bamboo, beating with the heavy bamboo, transportation for a certain period, banishment to a certain distance, and death, the last being subdivided into strangling and decapitation, according to the gravity of the offence.

Two actual instruments of torture are mentioned, one for compressing the ankle-bones, and the other for squeezing the fingers, to be used if necessary to extort a confession in charges of robbery and homicide, confession being regarded as essential to the completion of the record.  The application, however, of these tortures is fenced round in such a way as to impose great responsibility upon the presiding magistrate; and in addition to the risk of official impeachment, there is the more dreaded certainty of loss of influence and of popular esteem.  Mention is made in the code of the so-called “lingering death,” according to which first one arm is chopped off, then the other; the two legs follow in the same way; two slits are made on the breast, and the heart is torn out; decapitation finishes the proceedings.  It is worthy of note that, although many foreigners have been present from time to time at public executions, occasionally when the “lingering death” has been announced, not one has established it as a fact beyond a doubt that such a process has ever been carried out.  Not only that; it is also well known that condemned criminals are allowed to purchase of themselves, or through their friends, if they have any, spirits or opium with which to fortify their courage at the last moment.  There is indeed a tradition that stupefying drinks are served out by the officials to the batches of malefactors as they pass to the execution ground at Peking.  It would still remain to find executioners capable of performing in cold blood such a disgusting operation as the “lingering death” is supposed to be.  The ordinary Chinaman is not a fiend; he does not gloat in his peaceful moments, when not under the influence of extreme excitement, over bloodshed and cruelty.