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
Chiyou, the legendary creator of metalwork and weapons and leader of the ancient
Nine Li (九黎) ethnic group. During the subsequent
Xia dynasty (c. 2070 BC – c. 1600 BC),
Qi of Xia, son of
Yu the Great, the dynasty's founder, adopted the Miao's punishments of amputation of one or both feet (刖; yuè), cutting off of the nose (劓; yì), chiseling (琢; zhuó), tattooing the face or forehead (黥; qíng) and other types of punishment. Tattooing, 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 BC) and the
Zhou dynasty (1046–256 BC). The "Five Punishments for Slaves" were abolished during the reign of
Emperor Wen of Han following a petition from a female subject
Chunyu Tiying (淳于緹縈), and were replaced by the "Five Punishments for Serfs".
In ancient China
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.[4] All ordinary citizens were subject to these punishments.[5] These punishments were for men. The number of crimes to which the punishment was applicable is listed next to each one.[6]
Mò (墨), also known as qíng (黥), where the offender would be tattooed on the face or forehead with indelible ink.
Yì (劓), where the offender's nose was cut off without
anesthesia.
Yuè (刖), also known as bìn (臏) during the
Xia dynasty and zhǎnzhǐ (斬趾) during the
Qin dynasty, 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 where the name of
Sun Bin, a
Warring States period military strategist, comes from. A recent study of a female skeleton found in 1999 revealed her to be the oldest corpse found with evidence of yuè.[7]
Gōng (宮), also known as yínxíng (淫刑), fǔxíng (腐刑)[8][9] or cánshì xíng (蠶室刑), where the male offender's reproductive organs were removed.[10][11] The
penis was removed and
testicles were cut off (
emasculation), and the offender was sentenced to work as a
eunuch in the Imperial palace.[12][13]Gōng for men was applied to the same crime as Gōngxing for women, namely adultery, licentious or promiscuous activity.[14]
Dà Pì (大辟), the death sentence. Methods of execution were quartering, or cutting the body into four pieces (分為戮; fēn wéi lù);
boiling alive (烹; pēng); tearing off an offender's head and four limbs by attaching them to
chariots (車裂; chēliè); beheading (梟首; xiāoshǒu); execution then abandonment of the offender's body in the local public market (棄市; qìshì); strangulation (絞; jiǎo); and slow slicing (凌遲; língchí). Other methods of execution were also used.
In Imperial China
During the
Western Han dynasty, tattooing and amputation were abolished as punishments and in subsequent dynasties, the five punishments underwent further modification. By the
Sui dynasty, the five punishments had attained the basic form they would have until the end of the imperial era. This is a brief survey of the five punishments during the
Qing dynasty:[15]
One year of penal servitude plus 60 strokes of the large stick (remitted on payment of 12 guàn in copper cash)
One and a half years of penal servitude plus 70 strokes of the large stick (remitted on payment of 15 guàn in copper cash)
Two years of penal servitude plus 80 strokes of the large stick (remitted on payment of 18 guàn in copper cash)
Two and a half years of penal servitude plus 90 strokes of the large stick (remitted on payment of 21 guàn in copper cash)
Three years of 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 (such as
Hainan) with return to one's place of birth being forbidden. There were three degrees of severity:[16]
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 in copper cash)
Sĭ (死),
death penalty. Following the
Sui and
Tang dynasties there were generally two options:
hanging (絞; jiǎo) or
decapitation (斬; zhǎn). From the
Song dynasty (970–1279 AD) onwards,
slow slicing (凌遲; língchí) along with beheading (梟首; xiāoshŏu) were also used. The death penalty could be remitted on payment of 42 guàn in copper cash.[16]
The scale of the remittance payments can be gauged from the fact that at the era of the
Qianlong Emperor (1735–1796), the average wage of a construction laborer in
Zhili Province was 0.72 wén or 0.6
troy ounces of
silver per day.[17]
These punishments were applied to women for the same crimes as committed by men.[citation needed]
Xíngchōng (刑舂), where the offender was forced to grind grain
Gōngxíng (宮刑), sequestration or confinement to a room. Punishment for licentiousness or
adultery. Gōngxing for women was applied for the same crimes as the gōng punishment for men.[14]
^Bodde, Derk, and Clarence Morris, Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases (Cambridge, Massachusetts: Harvard University Press, 1967), pp. 76-77.
^
abcdeYonglin, Jiang (translator) (2005). Da Ming Lu (大明律) (1397). {{
cite book}}: |first= has generic name (
help)
^Databases on Materials, Wages, and Transport Costs in Public Construction in the Qianlong Era