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.
“Lu Hsin-wu says, There are five classes of people who must be exempted from the punishment of the bamboo. (1) The aged. (2) The young. (3) The sick. [It is laid down expressly by statute that the aged and the young must not be thus coerced into giving evidence, but there is a danger of overlooking this in a moment of anger.] (4) The hungry and naked. [For thus to punish a beggar half dead with cold and hunger and destitute of friends to nurse him afterwards, would be equivalent to killing him outright.] (5) Those who have already been beaten. [Whether in a brawl or by other officials.  A second beating might result in death for which the presiding magistrate would be responsible.]
“There are five classes of people not to be hastily sentenced to the bamboo. (1) Members of the Imperial family. [The relatives of his Majesty, even though holding no rank, are not, says the statute, to be hastily punished in this way.  The case must be laid before the proper authorities.] (2) Officials. [However low down in a scale, they are still part of the scheme of government; besides, it affects their good name ever afterwards.] (3) Graduates. (4) The official servants of your superiors. [Look out for the vase when you throw at the rat.  Though you may be actually in the right, yet the dignity of your superiors might be compromised.  A plain statement of the facts should be made out and privately handed to the official in question, leaving punishment in his hands.  But to refrain from such a course through fear of the consequences would be weak indeed.] (5) Women.
“There are also five cases in which temporary suspension of punishment is necessary. (1) When the prisoner is under the influence of excitement, or (2) anger. [The working classes are an obstinate lot and beating only increases their passion, so that they would die rather than yield.  Arguments should first be used to show them their error, and then corporal punishment may be used without fear.] (3) Or drink. [A drunken man doesn’t know heaven from earth, how can he be expected to distinguish right from wrong?  Besides he feels no pain, and further there is a risk of his insulting the magistrate.  He ought to be confined until he is sober and then punished; but not in a cold place for fear of endangering his life.] (4) Or when a man has just completed a journey, or (5) when he is out of breath with running.
“There are also five instances in which it is well for your own sake to put off punishment for a time. (1) When you are in a rage. (2) When you are drunk. (3) When you are unwell. [For in the latter case the system is heated, and not only would you be more liable to improper infliction of punishment, but also to lose your temper; and thus injury would be done both to yourself and the prisoner.] (4) When you can’t see your way clearly as to the facts of the case. (5) When you can’t make up your mind as to the proper punishment. [For in
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Project Gutenberg
Historic China, and other sketches from Project Gutenberg. Public domain.