Travels in China, Containing Descriptions, Observations, and Comparisons, Made and Collected in the Course of a Short Residence at the Imperial Palace of Yuen-Min-Yuen, and on a Subsequent Journey through the Country from Pekin to CantonBarrow, John, Sir
History
Travels in China, Containing Descriptions, Observations, and Comparisons, Made and Collected in the Course of a Short Residence at the Imperial Palace of Yuen-Min-Yuen, and on a Subsequent Journey through the Country from Pekin to Canton
Barrow, John, Sir
China -- Description and travel
It would far exceed the limits of the present work, were I to enter into
a detail of their code of laws, which indeed I am not sufficiently
prepared to do. They are published for the use of the subject, in the
plainest characters that the language will admit, making sixteen small
volumes, a copy of which is now in England; and I am encouraged to hold
out a reasonable hope, that this compendium of the laws of China may,
ere long, appear in an able and faithful English translation, which will
explain, more than all the volumes that have hitherto been written on
the subject of China, in what manner a mass of people, more than the
double of that which is found in all Europe, has been kept together
through so many ages in one bond of union. This work[23] on the laws of
China, for perspicuity and method, may justly be compared with
Blackstone's Commentaries on the Laws of England. It not only contains
the laws arranged under their respective heads, but to every law is
added a short commentary and a case.
[23] It is called the _Ta-tchin Leu-Lee_, the laws and institutes under
the dynasty _Ta-tchin_, which is the name assumed by the present family
on the throne.
I have been assured, on the best authority, that the laws of China
define, in the most distinct and perspicuous manner, almost every shade
of criminal offences, and the punishment awarded to each crime: that the
greatest care appears to have been taken in constructing this scale of
crimes and punishments; that they are very far from being sanguinary:
and that if the practice was equal to the theory, few nations could
boast of a more mild, and, at the same time, a more efficacious
dispensation of justice. Of all the despotic governments existing, there
is certainly none where the life of man is held so sacred as in the laws
of China. A murder is never overlooked, except in the horrid practice of
exposing infants: nor dares the Emperor himself, all-powerful as he is,
to take away the life of the meanest subject, without the formality at
least of a regular process, though, as will be seen in the case of the
late prime minister of _Kien-Long_, the chance of escaping must be very
slender, where he himself becomes the accuser. So tenaciously however do
they adhere to that solemn declaration of God delivered to Noah--"At the
hand of every man's brother will I require the life of man. Whoso
sheddeth man's blood, by man shall his blood be shed,"--that the good
intention is oftentimes defeated by requiring, as I have elsewhere
observed, from the person last seen in company with one who may have
received a mortal wound, or who may have died suddenly, a circumstantial
account, supported by evidence, in what manner his death was occasioned.
Public-domain text, read in full here on John Shaqi.
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