Page:The punishments of China.djvu/19

 PLATE I.

A CULPRIT BEFORE A MAGISTRATE.

is the custom in China, for a Mandarin of justice to administer it daily, morning and evening, in his own house, where he is attended by his secretary, or clerk, and by inferior officers, some of them bearing iron shackles, and others, pan-tsees. Upon his right hand stands the Prosecutor, or Informer; and before him is a table with a covering of silk, and the implements of writing for the secretary to take down the depositions and defence. These having been written in black ink, the magistrate signs them with red, and seals them with the same colour. On the table there are, also, a number of small sticks, tipped with red; these are kept in open cases, and are used in the following manner: if a culprit is convicted of a petty offence, the magistrate causes him to be immediately chastised, and released. The usual punishment, upon such occasions, is the pan-tsee, or bastinade, and the number of blows to be inflicted is signified by the magistrate's casting some of the above mentioned small sticks upon the floor: each stick denotes five blows. The culprit, who, during the examination, has awaited the decree upon his hands and knees, is then seized by the attendants, and punished as will be seen in a subsequent Plate. After the magistrate has thrown the sticks, he talks of other affairs, drinks his tea, or smokes his tobacco.

It is only for trivial breaches of the Chinese Laws, such as drunkenness, cheating, squabbling, boxing, pilfering, insolence or inattention towards a superior, or the like, that any magistrate is empowered to administer punishment in a summary manner. Whenever the crime is of such a description as to call for severer notice, it is generally examined into by five or six tribunals, who not only require very particular information concerning the charge, but scrutinize with minute exactness, into the characters and manners of the accusers.

Their proceedings in capital accusations are thus protracted in China, lest any man should be unjustly deprived of the inestimable benefits of honour or life: and no criminal can be executed, until his trial has been sent to court, and his sentence has been confirmed by the Emperor.