Page:The Chinese Repository - Volume 01.djvu/27

 Much of the business between ruler and subject, is transacted in writing, by petition on the one side, and edict on the other. If a comparison were instituted, it would doubtless appear, that there has been, in modern times, a sad falling off in the administration of justice. Some of the severer punishments, however, have gone into disuse; others are retained. The first traveller says,

"The Chinese administer justice, with great strictness in all their tribunals. When any person enters his action against another, he sets down his claim in writing, and the defendant writes down his defence, which he signs, and holds between his fingers. These two writings are delivered in together, and being examined, sentence is pronounced in writing, and the parties have each his paper returned to him; but first they give back to the defendant his writing of defence, that he may acknowledge it. When one party denies what the other affirms, he is ordered to return his writing; and if the defendant thinks he may do it safely, and accordingly delivers in his paper again, they also call for that of the plaintiff, and then they say to him who denies what the other seems to have reason to maintain, 'Exhibit a writing whereby to make it appear that your antagonist has no right to demand of you what is in debate; but if it clearly betrays the truth of what you deny, you shall undergo twenty strokes of the bamboo, and pay a fine.'

"No one is raised to the dignity of a prince or governor of a city, till he hath obtained his fortieth year, 'for then,' say they, 'he hath experience.' When one of these princes, or petty kings, keeps his court in a city, he is seated upon a tribunal, and receives the petitions or complaints of the people. Behind his tribunal, is an officer called Lieu, who keeps standing, and, according to the order he receives from the prince, commits his answer to writing; for they never answer by word of mouth to any business whatsoever, nor will they give any answer at all to any thing that is not written. Before the parties present their petition to the prince, they get them examined by an officer, who, if he discovers any fault, sends them back again; for no man may draw up these writings which are to be presented to the prince, except a clerk versed in business; and at the bottom of each writing they put, " written by such a one, the son of such a one;" and if, in this ease, there happen any blunder or mistake, the clerk is bamboo'd. The prince never seats himself on his tribunal, till he has eaten and drank, for fear he should be mistaken in something; and each of these princes or governors has his subsistence from the public treasury of the city he commands." "When any one of the princes or governors of cities, within the dominions of the Emperor of China, is guilty of a crime, he is put to death, and eaten; and in general it may be said, that the Chinese eat all those that are put to death."

"One of the things (quoting the second traveller) most worthy to be admired in China, before the late commotions, was the good order they observed in the administration of justice, and the majesty of their tribunals. To fill them they made choice of such men as were perfectly versed in their laws, and such, consequently, as were never at a stand when they were to pass a judgment; men of sincerity, zealous in the cause of justice upon every occasion, nor to be biased by what the great could offer to embroil a dispute; so that justice was always administered to him who had right on his side. In a word, they made choice of upright men, who equally abstained from the slender substance of the poor, and from the presents of those who would have bribed them therewith."

This account will by no means hold true when applied to the present times. What is said about 'eating' criminals must be excepted. Some limitation, also, must be made, as