Historic China, and other sketches eBook

Herbert Giles
This eBook from the Gutenberg Project consists of approximately 173 pages of information about Historic China, and other sketches.

Historic China, and other sketches eBook

Herbert Giles
This eBook from the Gutenberg Project consists of approximately 173 pages of information about Historic China, and other sketches.
difficult cases and when the prisoner in question is no ordinary man, it is just as well to look forward a little as to how the case is likely to end before you apply the bamboo.  It would never do to take such measures without some consideration, or you might suddenly find that you had by no means heard the last of it.]
“There are three classes of people who should not be beaten in addition to what they are to suffer. (1) Those who are to have their fingers squeezed. (2) Those who are to have the ankle frame applied. (3) Those who are to be exposed in the cangue. [For if previously beaten they might be almost unable to move, or their sores might not heal, and death might perhaps ensue.  The statute provides that they shall be beaten on release, but this might easily be forgotten in a moment of anger.]
“There are three instances in which compassion should save the prisoners from the bamboo. (1) When the weather is extremely cold or hot. (2) When a festival is being celebrated. (3) When the prisoner has lately been bereaved. [A man who is mourning for his father, mother, wife, or child, should not be punished corporeally; it might endanger his life.]
“There are three cases in which a beating deserved should nevertheless be remitted. (1) When one of the litigants is considerably older than the other, he should not be beaten. (2) When one of the litigants is an official servant, the other should not be beaten. [For although the former may be in the right, his opponent should be treated with leniency, for fear of people saying you protect your Yamen servants; and lest in future, when the servant is in the wrong, no one will dare come forward to accuse him.] (3) Workmen and others employed by the magistrate himself should not be bambooed by him, even if they deserve it.
“Three kinds of bambooing are forbidden. (1) With the greater bamboo. [One stroke of the greater bamboo is counted as ten; three with the middle-sized, and five with the smaller.  Officials are often too free with, never too chary of, their punishments.  With the smaller bamboo, used even to excess, life is not endangered.  Besides, if the punishment is spread over a longer time, the magistrate has a longer interval in which to get calm.  But with the heavy bamboo, there is no saying what injuries might be done even with a few blows.] (2) It is forbidden to strike too low down. (3) It is forbidden to allow petty officers to use unauthorised instruments of punishment.  These five preceding clauses refer to cases in which there is no doubt that punishment ought to be inflicted, but which officials are apt to punish too indiscriminately without due investigation of circumstances, whereby they infallibly stir up a feeling of discontent and insubordination.  As regards those instances where punishment is deserved but should be temporarily suspended, a remission of part or the whole of the sentence may be granted as the magistrate sees fit.  The great point is to admit an element of compassion, as thereby alone the due administration of punishment can be ensured.”

FENG-SHUI

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Project Gutenberg
Historic China, and other sketches from Project Gutenberg. Public domain.