In ancient times, criminals were often executed in public places such as market gates or village entrances, allowing the populace to witness the event as a warning.
“Autumn Execution”, also known as “Autumn Judgment”, refers to the practice of executing death sentences during the autumn season in feudal China.
“Autumn Judgment” first appeared during the Western Zhou Dynasty and developed into a formal system during the Western Han Dynasty, which was inherited by subsequent dynasties.
So, why did the ancients choose to execute prisoners in the autumn?
1. Reverence for “Heaven’s Will” and the Emperor’s Supreme Authority
The emergence of the “Autumn Judgment” system is rooted in a deep reverence for the divine. It was believed that human actions should align with the will of heaven.
In the eyes of the ancients, spring and summer were seasons of growth, symbolizing rebirth and development, while autumn and winter represented death and decay. Consequently, executions were scheduled for the autumn and winter months. The “Book of Rites – Monthly Commands” states: “As the cool winds blow, white dew falls, cicadas cry, and hawks catch prey, the judgment is carried out” (translated). This indicates that the custom of executing prisoners in autumn dates back to the Western Zhou Dynasty.
Autumn and winter are seasons of death for trees, leading the ancients to schedule executions during these months. (Illustrative image).
During the reign of Emperor Wu of the Western Han Dynasty, Dong Zhongshu combined the Confucian idea of “Unity of Heaven and Man” with the doctrine of “Heavenly Resonance” (the cosmos and humanity being interconnected), further emphasizing the concept of “Heavenly Mandate of the Emperor” (the emperor, believed to be the Son of Heaven, holding ultimate power).
Moreover, Dong Zhongshu asserted: “Heaven has four seasons: spring, summer, autumn, and winter; corresponding to the ruler’s four responsibilities: celebration, reward, punishment, and execution.” Thus, emperors should hold ceremonies and grant rewards in spring and summer while carrying out executions in autumn and winter. This is because autumn and winter are times of “bloodshed in the air,” suitable for applying punishments to demonstrate compliance with Heaven’s will.
When Emperor Wu of Han “abolished the hundred schools of thought, promoting Confucianism exclusively”, “Autumn Judgment” became widely adopted and was implemented by subsequent dynasties.
In the second year of the Yuanhe era under Emperor Zhang of the Eastern Han Dynasty, the court reiterated that: except for those guilty of treason, death sentences should be executed after the autumn dew and before the winter solstice. Since then, “autumn and winter executions” were codified into law.
For example, laws during the Tang and Song Dynasties stipulated that from early spring to the autumn equinox, except for those committing treason, criminals could not be executed in spring. The Qing Dynasty similarly mandated that prisoners be executed in the autumn.
2. Autumn as a Season of Agricultural Lull
Beyond aligning with seasonal changes, “Autumn Judgment” was also tied to the agricultural practices of ancient times.
Agricultural production before the Qin Dynasty was characterized by a slave system. The nobility at various levels held dominant positions, owning land and managing the populace. However, due to the relatively primitive agricultural methods of that period, these nobles still had to work and could only manage state affairs during their agricultural downtime.
The agricultural production model then was primarily “farming in spring and summer, and resting in autumn and winter”. Thus, officials had time to handle state affairs and execute prisoners during the agricultural lull in the autumn and winter.
Selecting execution dates during the agricultural lull is more beneficial for public spectators. (Illustrative image).
Additionally, in ancient times, prisoners were often executed in public venues, such as market gates or village entrances, allowing the community to witness the event as a form of warning. This practice served to instill respect for the law among the populace and showcased the authority of the dynasty.
Therefore, choosing execution dates during agricultural downtime was advantageous for public spectators. If scheduled for winter, the cold weather would deter people from attending.
Thus, setting execution dates in autumn was entirely consistent with the agricultural production cycle. This was one of the key reasons the “Autumn Judgment” system persisted into the Tang and Song Dynasties.
3. Outdated Transportation Resulting in Delays in Death Sentence Approval
During the Han, Wei, and Jin Dynasties, local officials had the final authority to carry out sentences for common cases, except for major cases or crimes involving high-ranking officials.
In the Northern Wei Dynasty, to centralize power, the court began to require that all death sentences undergo two procedures before execution, namely “death sentence review” and “reporting for death sentence approval”.
“Death sentence review” means that cases proposing death sentences had to be reported to the court after being adjudicated, where the case would be reviewed and confirmed before being submitted to the emperor for approval.
“Reporting for death sentence approval” is a requirement for the emperor’s approval before carrying out the death sentence, and only those convicted by the emperor could be processed.
The Sui Dynasty mandated that before executing a death sentence, it had to be reported to the emperor three times, known as “three reports for approval”. The Tang Dynasty even stipulated “five reports for approval” for minor cases and “one report for approval” for serious offenses like treason.
By the time of the Song Dynasty, the “three reports for approval” were briefly reinstated, but later, to avoid delays in execution dates, only “one report for approval” was required for death sentences in the capital, while many death penalty cases elsewhere did not require such reporting.
The Ming and Qing Dynasties stipulated that “three reports for approval” had to be adhered to regardless of whether the location was local or the capital.
As mentioned earlier, local death penalty cases needed to be reviewed and approved by the court and emperor before execution. The time taken for verdicts to be communicated back to localities was prolonged due to the outdated transportation methods of that time.
The “Autumn Judgment” system addressed this issue, granting local officials sufficient time to prepare while allowing the court to focus on handling cases.
