Five Punishments
Encyclopedia
The Five Punishments was the collective name for a series of physical penalties meted out by the legal system of pre-modern Dynastic China. Over time, the nature of the Five Punishments varied. Before the time of Western Han Dynasty
Emperor Han Wendi (r. 180-157 BC) they involved tatooing, cutting off the nose, amputation of one or both feet, castration and death. Following the Sui
and Tang
Dynasties (581-907 CE) these were changed to penal servitude, banishment, death, or corporal punishment
in the form of whipping with bamboo strips or flogging with a stick. Generally, the former group are known as the "Five Punishments for Slaves" (奴隶制五刑) and the latter as the "Five Punishments for Serfs" (封建制五刑). Although the Five Punishments were an important part of Dynastic China's penal system they were not the only methods of punishment used.
, the legendary creator of metalwork and weapons and leader of the ancient Nine Li (九黎) ethnic group. During the subsequent Xia Dynasty
(ca. 2070 BCE–ca. 1600 BCE), Qi of Xia
, son of Yu the Great
, the dynasty’s founder, adopted the Miao’s punishments of amputation of one or both feet (yuè 刖), cutting off of the nose (yì 劓), chiseling (zhuó 琢), tattooing the face or forehead (qíng 黥) and other types of punishment. Tattoing, amputation of the nose or feet, removal of the reproductive organs and death became the main five forms of the punishment system during this period. From the Xia Dynasty onwards through the Shang Dynasty
(1600-1046 CE) and the Zhou Dynasty
(1046-256 CE). The “Five Punishments for Slaves” were abolished during the reign of Han Wendi following a petition from a female subject called Chunyu Tiying (淳于 缇萦) and replaced by the “Five Punishments for Serfs”.
- 10 lashes (remitted on payment of 600 wén (文) in copper cash).
- 20 lashes (remitted on payment of 1 guàn (贯/貫) , 200 wén in copper cash).
- 30 lashes (remitted on payment of 1 guàn, 800 wén in copper cash).
- 40 lashes (remitted on payment of 2 guàn, 400 wén in copper cash).
- 50 lashes (remitted on payment of 3 guàn in copper cash).
- 60 strokes (remitted on payment of 3 guàn, 600 wén in copper cash).
- 70 strokes (remitted on payment of 4 guàn, 200 wén in copper cash)
- 80 strokes (remitted on payment of 4 guàn, 800 wén in copper cash)
- 90 strokes (remitted on payment of 5 guàn, 400 wén in copper cash)
- 100 strokes (remitted on payment of 6 guàn of copper cash)
- One year penal servitude plus 60 strokes of the large stick (remitted on payment of 12 guàn in copper cash).
- One and a half years penal servitude plus 70 strokes of the large stick (remitted on payment of 15 guàn in copper cash).
- Two years penal servitude plus 80 strokes of the large stick (remitted on payment of 18 guàn in copper cash).
- Two and a half years penal servitude plus 90 strokes of the large stick (remitted on payment of 21 guàn in copper cash).
- Three years penal servitude plus 100 strokes of the large stick (remitted on payment of 24 guàn in copper cash).
- 2000 lĭ
(里) (620 miles) plus 100 strokes of the large stick (remitted on payment of 30 guàn in copper cash).
- 2,500 lǐ (775 miles) plus 100 strokes of the large stick (remitted on payment of 33 guàn in copper cash).
- 3,000 lǐ (930 miles) plus 100 strokes of the large stick (remitted on payment of 36 guàn of copper cash).
The scale of the remittance payments can be gauged from the fact that at the time of the Qianlong Emperor
(r. 1736-1795 CE), the average wage of a construction laborer in Zhili Province
was 0.72 wén or 0.6 Troy ounce
s of silver
per day.
Han Dynasty
The Han Dynasty was the second imperial dynasty of China, preceded by the Qin Dynasty and succeeded by the Three Kingdoms . It was founded by the rebel leader Liu Bang, known posthumously as Emperor Gaozu of Han. It was briefly interrupted by the Xin Dynasty of the former regent Wang Mang...
Emperor Han Wendi (r. 180-157 BC) they involved tatooing, cutting off the nose, amputation of one or both feet, castration and death. Following the Sui
Sui Dynasty
The Sui Dynasty was a powerful, but short-lived Imperial Chinese dynasty. Preceded by the Southern and Northern Dynasties, it ended nearly four centuries of division between rival regimes. It was followed by the Tang Dynasty....
and Tang
Tang Dynasty
The Tang Dynasty was an imperial dynasty of China preceded by the Sui Dynasty and followed by the Five Dynasties and Ten Kingdoms Period. It was founded by the Li family, who seized power during the decline and collapse of the Sui Empire...
Dynasties (581-907 CE) these were changed to penal servitude, banishment, death, or corporal punishment
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
in the form of whipping with bamboo strips or flogging with a stick. Generally, the former group are known as the "Five Punishments for Slaves" (奴隶制五刑) and the latter as the "Five Punishments for Serfs" (封建制五刑). Although the Five Punishments were an important part of Dynastic China's penal system they were not the only methods of punishment used.
Origin
The earliest users of the Five Punishments are believed by some to be the Sanmiao Clan (三苗氏). Other sources claim they originated with Chi YouChi You
Chi You was a tribal leader of the ancient nine Li tribe . He is best known as the tyrant who fought against the then-future Yellow Emperor during the Three Sovereigns and Five Emperors era in Chinese mythology. For the Hmong people, Chi You was a sagacious mythical king...
, the legendary creator of metalwork and weapons and leader of the ancient Nine Li (九黎) ethnic group. During the subsequent Xia Dynasty
Xia Dynasty
The Xia Dynasty is the first dynasty in China to be described in ancient historical chronicles such as Bamboo Annals, Classic of History and Records of the Grand Historian. The Xia Dynasty was established by the legendary Yu the Great after Shun, the last of the Five Emperors gave his throne to him...
(ca. 2070 BCE–ca. 1600 BCE), Qi of Xia
Qi of Xia
Qi was the son of Yu the Great and the second sovereign of the Xia Dynasty. He ruled for approximately nine or ten years.According to legend, Yu married Nu Jiao and stayed at home for only three days before going back to stop a flood. While Yu was stopping the flood, Yu's wife had a son. He named...
, son of Yu the Great
Yu the Great
Yu the Great , was a legendary ruler of Ancient China famed for his introduction of flood control, inaugurating dynastic rule in China by founding the Xia Dynasty, and for his upright moral character....
, the dynasty’s founder, adopted the Miao’s punishments of amputation of one or both feet (yuè 刖), cutting off of the nose (yì 劓), chiseling (zhuó 琢), tattooing the face or forehead (qíng 黥) and other types of punishment. Tattoing, amputation of the nose or feet, removal of the reproductive organs and death became the main five forms of the punishment system during this period. From the Xia Dynasty onwards through the Shang Dynasty
Shang Dynasty
The Shang Dynasty or Yin Dynasty was, according to traditional sources, the second Chinese dynasty, after the Xia. They ruled in the northeastern regions of the area known as "China proper" in the Yellow River valley...
(1600-1046 CE) and the Zhou Dynasty
Zhou Dynasty
The Zhou Dynasty was a Chinese dynasty that followed the Shang Dynasty and preceded the Qin Dynasty. Although the Zhou Dynasty lasted longer than any other dynasty in Chinese history, the actual political and military control of China by the Ji family lasted only until 771 BC, a period known as...
(1046-256 CE). The “Five Punishments for Slaves” were abolished during the reign of Han Wendi following a petition from a female subject called Chunyu Tiying (淳于 缇萦) and replaced by the “Five Punishments for Serfs”.
The Five Punishments for Slaves
Apart from the death penalty, the remaining four Punishments for Slaves were designed to bring about damage to their bodies that would mark them for life. All ordinary citizens were subjected to these punishments. These punishments were for men. The number of crimes to which the punishment was applicable to is listed next to each one.- Mò (墨), also known as qíng (黥), the offender would be tattooed on the face or forehead with indelible ink. 1,000 crimes
- Yì (劓), whereby the nose was cut off. 1,000 crimes
- Yuè (刖), also known as bìn (膑/臏) during the Xia DynastyXia DynastyThe Xia Dynasty is the first dynasty in China to be described in ancient historical chronicles such as Bamboo Annals, Classic of History and Records of the Grand Historian. The Xia Dynasty was established by the legendary Yu the Great after Shun, the last of the Five Emperors gave his throne to him...
and zhǎnzhǐ (斩趾) during the Qin DynastyQin DynastyThe Qin Dynasty was the first imperial dynasty of China, lasting from 221 to 207 BC. The Qin state derived its name from its heartland of Qin, in modern-day Shaanxi. The strength of the Qin state was greatly increased by the legalist reforms of Shang Yang in the 4th century BC, during the Warring...
, involved amputation of the left or right foot or both. Other sources claim that this punishment involved removal of the kneecap, which is claimed to be the source of Warring States PeriodWarring States PeriodThe Warring States Period , also known as the Era of Warring States, or the Warring Kingdoms period, covers the Iron Age period from about 475 BC to the reunification of China under the Qin Dynasty in 221 BC...
military strategist Sun BinSun BinSun Bin was a military strategist who lived during the Warring States Period of Chinese history. An alleged descendant of Sun Tzu, Sun Bin was tutored in military strategy by the hermit Guiguzi...
’s name. 500 crimes - Gōng (宫), also known as yínxíng (淫刑), fǔxíng (腐刑), castrationCastrationCastration is any action, surgical, chemical, or otherwise, by which a male loses the functions of the testicles or a female loses the functions of the ovaries.-Humans:...
or cánshì xíng (蚕室刑) where the male offender’s reproductive organs were removed. The penis was removedPenis removalIn ancient civilizations, removal of the human penis was sometimes used as a means of demonstrating superiority: armies were sometimes known to sever the penises of their enemies to count the dead, as well as for trophies...
and testicles were cut off, and the offender was sentenced to work as a eunuchEunuchA eunuch is a person born male most commonly castrated, typically early enough in his life for this change to have major hormonal consequences...
in the Imperial palace. Gong for men was applied to the same crime as Gong for women, namely adultery, "licentious" or "promiscuous" activity. 300 crimes - Dà Pì (大辟). The death sentence. Methods of execution were quartering or cutting the body into four pieces (fēn wéi lù 分为戮). boiling alive (pēng 烹), the tearing off an offender's head and four limbs by attaching them to chariotChariotThe chariot is a type of horse carriage used in both peace and war as the chief vehicle of many ancient peoples. Ox carts, proto-chariots, were built by the Proto-Indo-Europeans and also built in Mesopotamia as early as 3000 BC. The original horse chariot was a fast, light, open, two wheeled...
s (chē liè 车裂), beheading (xiāo shǒu 枭首), execution then abandonment of the offender’s body in the local public market (qìshì 弃市), strangulation (jiǎo 绞) and slow slicing or lingchi. Other methods of execution were also used. 200 crimes
The Five Punishments for Serfs
- Chī (笞), beating on the buttocks with a light bamboo cane. During the Qing DynastyQing DynastyThe Qing Dynasty was the last dynasty of China, ruling from 1644 to 1912 with a brief, abortive restoration in 1917. It was preceded by the Ming Dynasty and followed by the Republic of China....
(1644–1911), bamboo clappers were used instead. There were five degrees of chī:
- 10 lashes (remitted on payment of 600 wén (文) in copper cash).
- 20 lashes (remitted on payment of 1 guàn (贯/貫) , 200 wén in copper cash).
- 30 lashes (remitted on payment of 1 guàn, 800 wén in copper cash).
- 40 lashes (remitted on payment of 2 guàn, 400 wén in copper cash).
- 50 lashes (remitted on payment of 3 guàn in copper cash).
- Zhang (杖), beating with a large stick on either the back, buttocks or legs. The five degrees of zhang were:
- 60 strokes (remitted on payment of 3 guàn, 600 wén in copper cash).
- 70 strokes (remitted on payment of 4 guàn, 200 wén in copper cash)
- 80 strokes (remitted on payment of 4 guàn, 800 wén in copper cash)
- 90 strokes (remitted on payment of 5 guàn, 400 wén in copper cash)
- 100 strokes (remitted on payment of 6 guàn of copper cash)
- Tú (徒), compulsory penal servitude with five degrees of severity viz:
- One year penal servitude plus 60 strokes of the large stick (remitted on payment of 12 guàn in copper cash).
- One and a half years penal servitude plus 70 strokes of the large stick (remitted on payment of 15 guàn in copper cash).
- Two years penal servitude plus 80 strokes of the large stick (remitted on payment of 18 guàn in copper cash).
- Two and a half years penal servitude plus 90 strokes of the large stick (remitted on payment of 21 guàn in copper cash).
- Three years penal servitude plus 100 strokes of the large stick (remitted on payment of 24 guàn in copper cash).
- Liú (流), exile to a remote location (for example HainanHainanHainan is the smallest province of the People's Republic of China . Although the province comprises some two hundred islands scattered among three archipelagos off the southern coast, of its land mass is Hainan Island , from which the province takes its name...
) with return to one’s place of birth being forbidden. There were three degrees of severity:
- 2000 lĭ
Li (unit)
The li is a traditional Chinese unit of distance, which has varied considerably over time but now has a standardized length of 500 meters or half a kilometer...
(里) (620 miles) plus 100 strokes of the large stick (remitted on payment of 30 guàn in copper cash).
- 2,500 lǐ (775 miles) plus 100 strokes of the large stick (remitted on payment of 33 guàn in copper cash).
- 3,000 lǐ (930 miles) plus 100 strokes of the large stick (remitted on payment of 36 guàn of copper cash).
- Sĭ (死), death. Following the Sui and Tang Dynasties there were generally two options: strangulation (jiǎo 絞/绞) or decapitation (zhǎn 斩/斬). From the Song DynastySong DynastyThe Song Dynasty was a ruling dynasty in China between 960 and 1279; it succeeded the Five Dynasties and Ten Kingdoms Period, and was followed by the Yuan Dynasty. It was the first government in world history to issue banknotes or paper money, and the first Chinese government to establish a...
(970-1279 CE) onwards, slow slicing or lingchi along with beheading (xiaoshou 枭首) were also used. The death penalty could be remitted on payment of 42 guàn in copper cash.
The scale of the remittance payments can be gauged from the fact that at the time of the Qianlong Emperor
Qianlong Emperor
The Qianlong Emperor was the sixth emperor of the Manchu-led Qing Dynasty, and the fourth Qing emperor to rule over China proper. The fourth son of the Yongzheng Emperor, he reigned officially from 11 October 1735 to 8 February 1796...
(r. 1736-1795 CE), the average wage of a construction laborer in Zhili Province
Zhili
Zhílì was a northern province in China from the Ming Dynasty until the province was dissolved in 1928 during the Republic of China era.-History:...
was 0.72 wén or 0.6 Troy ounce
Troy ounce
The troy ounce is a unit of imperial measure. In the present day it is most commonly used to gauge the weight of precious metals. One troy ounce is nowadays defined as exactly 0.0311034768 kg = 31.1034768 g. There are approximately 32.1507466 troy oz in 1 kg...
s of silver
Silver
Silver is a metallic chemical element with the chemical symbol Ag and atomic number 47. A soft, white, lustrous transition metal, it has the highest electrical conductivity of any element and the highest thermal conductivity of any metal...
per day.
The Five Punishments for female offenders
These punishments were applied to women for the same crimes they committed as men.- Xíngchōng (刑舂), where the offender was forced to grind grain.
- Zǎnxǐng (拶刑), also known as (zǎnzhĭ 拶指), squeezing of the fingers between sticks.
- Zhàngxing (杖刑), beating with wooden staves.
- Cìsǐ (赐死), permission to commit suicide.
- Gongxing 宫刑, sequestration or confinement to a room. Punishment for licentiousness or adulteryAdulteryAdultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
. Gong for women was applied for the same crimes as the Gong punishment for men.