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The emperor said, Although June is a growing season, there must be thunder during this month. Frederick W. Mote Princeton: Princeton University Press, , — Ever since the pre-Qin period, lack of filial piety and disrespect to superiors had been viewed as intolerable crimes. Except for those killed in battles or concealed by local officials, the imperial centre imposed strict control over extreme punishment and the reviewing process for heinous crimes. In the Ming dynasty — , the category of true capital crimes was further divided into execution in autumn and execution at any time while the miscellaneous capital crimes offenders were rarely sentenced to death.
The detailed classification restricted the arbitrariness of either the granting of amnesty or the use of instant execution. On the other hand, the statutory restriction did not guarantee strict application of law as the government increasingly delayed and terminated the sentences through the use of miscellaneous capital crimes or the practice of suspended execution. The emperors continued to manipulate the idea of benevolence as an effective instrument of reinforcing their image as the Son of Heaven, but they also strictly punished heinous crimes through tormented execution, lijue, or military suppression.
It was not until the eighteenth century when the empire encountered increased social unrest and an overburdened judicial system that the criminal justice Hu, Zhongguo gudai sixing zhidu shi, 64— See Frederic Wakeman Jr. The imperial centre exerted strict control over the operation of such authority, while at the same time it relied on this institution to extend its reach to the farthest locality. This control was further strengthened during the Qing dynasty, because the extended memorial system enabled the centre to communicate with regional authorities in a prompt manner.
The officials designated to execute criminals on the spot were usually required to submit a report before each action. Even though preauthorized execution at times resulted in abuse of power and political struggle, in general the operation of extraordinary procedure helped regimes to extend imperial authority and restore order after severe revolts and social unrest.
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To reinforce the legitimacy of this system, Chinese monarchs created a number of symbols representing the power to take life under exceptional circumstances. As with the sceptre in 73 Western history, the hatchet carried sacred meanings and represented the power of the royal house. It was not only a weapon on the battlefield but also a symbol of military leadership. The kings usually bestowed a hatchet on the military commander before each expedition. The granting ceremony generally took place in the royal shrine, where monarchs worshipped their predecessors and manifested the legitimacy and authority of the dynasty.
Many emperors feared that the sword will become an instrument for political struggle. As a result, they would appear careful when listening to advice to kill bandits or officials. In , for instance, a rebellion broke out and officials urged the emperor to bestow the power to execute bandits and rebels on the military commander and local authorities. The ruler, Kublai Khan, had rewarded officials a Shangfang Sword several times, but he rejected the advice to practice preauthorized execution as he worried that it might result in indiscriminate killing.
The outraged ministers roared in the palace and asked the Jianwen emperor to execute Li, but the emperor did not adopt their advice. On many other occasions, the emperor would not allow the officials to intervene in the decision over killing. To the throne, immediate execution was a double-edged sword.
It could quickly satisfy popular expectation and eliminate the enemies of the imperial court. It could also give rise to unruly officials and intensify the tensions within the ruling class. As a peasant-turned-emperor who learned the lessons of political factionalism from the fallen Yuan Empire, Zhu had a deep distrust of officialdom and local gentry.
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While political factionalism escalated in the latter half of the Ming dynasty, the Shangfang Sword became a discursive instrument in political struggle. The Longqing emperor rejected the request but demoted Gao in order to quiet the rage. It was not until the Wanli reign — that the sword appeared in actual practice. At that time, the relationship between the throne and the bureaucracy deteriorated to the extent that the Wanli emperor eventually refused to meet his ministers and read any reports sent to him. While he intended to control state affairs through his trusted officials and generals, the sword, though not fully stable and reliable in terms of commanding the military and punishing criminals, became a useful tool for the Wanli emperor to continue his rule.
The frequent use of the sword was closely related to the increase of warfare. It also showed how the emperor manipulated the relationship between officials by rewarding his trusted men with this honorable item. After Wanli, the sword was still in use in various military actions.
Both Yuan and Lu ended in tragedy during the fierce battles against the Manchus.
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When the bearer won support from the emperor, he could face strong criticism from officials who feared his power. When he executed disobedient officials on behalf of the emperor, the emperor might take precautions against his potential threat to imperial authority. The Shangfang Sword emerged in the late Ming due to the large-scale socio-political turmoil. It fell into decline because of the same circumstances. After the fall of the Ming dynasty, the authorities rarely used the Shangfang Sword in politics and the death penalty. This transformation was related to the reconsolidation of monarchical power and bureaucratic reform during the Qing dynasty.
Military commissioners were occasionally empowered to execute criminals on behalf of the imperial court. In the judicial system, flogging was used as an instrument of torture and a punishment for both minor offences and felony crimes. Victims of such corporal punishment suffered pain for months or years. But they might also be killed during the process of punishment.
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The size of the caning instrument and the number of strokes varied from one case to another. The flexibility and ambiguous role of this punishment created a space for both state and local authorities to manipulate informality and local governance. Particularly during the centralization process in which the state intended to place strict 82 controls over the use of the death penalty, the changing pattern of execution by flogging revealed a special realm in which various competing forces, including centralization and decentralization and formality and informality, jointly constructed the idea of expediency in the Chinese death penalty.
During the Zhou dynasty, flogging was used to discipline students and soldiers. It carried both punitive and educative purposes, and by the end of the Eastern Zhou dynasty the regional states had gradually incorporated it into the interrogation process. Punishers were able to keep convicts suspended between life and death because the number of strokes and the mode of application could easily be adjusted during the interrogation. However, compared to the standard penalty of chopping off feet or organs and tattooing the face or forehead, flogging on the backside was not considered a serious corporal punishment.
He was clearly aware that flogging might kill the convicts. During the early years of the dynasty, execution by flogging had once been allowed in the punishment of serious crimes. It was not only used for interrogation of suspects. It was now used primarily on criminals who had been tried and convicted through a formal judicial procedure. The reform of Emperor Wen of the Han soon encountered challenges in actual practice.
He also standardized the size of the wooden cane. Some officials, however, still used flogging as a tool to consolidate their authority. However, except for some periods when execution by flogging was expressly accepted by the rulers, emperors and officials primarily used this punishment to exert their power and avoid establishing judicial procedures. Flogging as a method of death penalty was not acknowledged as a legitimate punishment, even though the state in this period had not completed its judicial centralization project and allowed regional authorities to execute convicts without further review.
The real systematic sanction of flogging as death penalty appeared in the Tang and Song Dynasties. The imperial centre had repeatedly sent down procedural memorials and Ban Gu, Xin jiaoben hanshu jizhu bing fubian erzhong, zhi, juan 23, Regional execution without prior approval from the centre was considered not only a disregard for human life but also an intervention in central authority. In a number of cases in which local officials executed convicts with strokes of the bamboo rod, they were impeached or criticized by the imperial court.
Emperors at times killed officials by flogging or dispatched officials to conduct an execution at the locality, but the emperors primarily took the punishment as an integral element of monarch-official relations rather than a regularized death penalty against all subjects. Many of these practices started as regular flogging but ended up as execution by flogging. During the Tang dynasty, one guan in theory should contain one thousand copper cash, but due to the shortage of copper cash, one guan could only include less cash in actual transaction.
While the development of beating to death inevitably involved monarch-bureaucrat relations and the growing tensions between local officials and social powers, the increasing emergence of this informal practice revealed that the state and officials created a space for judicial expediency as a way to respond to the increasingly centralized and standardized criminal system.
The non-Han regimes also used flogging to death and particularly influenced the flogging at court punishment during the Ming dynasty.
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In the Liao — and Jin — Dynasties, the non-Han rulers combined their traditional methods of punishment with Chinese penalties. The early Jin rulers used flogging to punish both minor offences and felony crimes. Execution by flogging was legislated as a standard death penalty. During the latter half of the dynasty, the Jin court increasingly incorporated Han Chinese legal codes. Since Chinese codes did not perceive flogging as a legitimate death penalty, the Jin rulers gradually separated the flogging penalty from capital punishment. However, at the local level, some officials still executed unruly subjects by bamboo beating.
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The underlying cause of this development was the centralization of judicial review and the gradually intensified conflict between monarch and bureaucrats. Zhu Yuanzhang, the founding emperor of the Ming dynasty, initiated a campaign against disobedient officials through the use of bamboo sticks. He viewed flogging as one among many methods of controlling bureaucrats. He explicitly stated that his use of this punishment was influenced by the Jin and Yuan Dynasties. Luckily for Ru, the emperor did not intend to kill him. The emperor still praised Ru for his insightful comments about the problems of government.
The flogging and the subsequent demotion of Ru was only used to warn him, while in later years Ru was promosted to a higher position.