For nearly 1,000 years the five punishments for slaves evolved across several Chinese dynasties, until about the time of the beginning of the Western Han. The five punishments had by then become applicable to all Chinese men, and included the death penalty, which could be applied for several crimes and which could be executed in a variety of ways. The remaining four punishments were intended to mark the person upon whom the penalty was applied. The most minor was the tattooing of the nature of the crime committed upon the forehead of the guilty. It was used as punishment for a wide variety of crimes, and marked the criminal as such for the rest of their life.
Next was the removal of the criminal’s nose. The third was the forced amputation of either or both feet, which according to some also included the removal of the kneecap. Fourth was sentencing the criminal to work in the emperor’s palace as a eunuch, which required the emasculation of the criminal via castration. The sentence could be given for the crime of adultery, promiscuity, or licentiousness, despite Chinese society recognizing a man’s right to keep concubines. When the maximum penalty was assigned, death was brought about in several ways, including the victim’s body being torn apart by chariots, beheading, boiling in water or oil, and by inflicting numerous slices which led to the victim dying from slowly bleeding to death (death from a thousand cuts).
16. The Five Punishments were modified during the Western Han Dynasty
During the Western Han Dynasty the five punishments practiced by preceding dynastic rulers were modified to make some of them more humane, at least in the eyes of the emperors and their courts. Tattooing was abolished, as was the practice of amputating limbs. Beating became a preferred means of punishment for what were considered crimes of a less severe nature, with the number of strokes to be delivered determined by the law. The beatings known as Chi were administered with bamboo poles upon the buttocks, though they could be avoided by paying a fine which corresponded to the number of prescribed strokes. More severe beatings were called Zhang, and were administered with a heavier cane upon the victim’s back.
The modification introduced the concept of penal servitude, often as a laborer in a government project such as the building of dams and fortifications, and the length of time assigned was determined by the severity of the crime and the whim of the judge. Known as Tu, up to three years of penal servitude could be given, accompanied with a prescribed number of beatings in the manner of Zhang. The final punishment other than death was exile, to a remote location within the empire, also accompanied with a beating. An exile could be sent to one of three differing distances away from his home (to a maximum of just over 900 miles).
17. Women had their own scale of punishments in ancient China
For women who committed the same crimes as men a different scale of punishments evolved, and the manner in which they were carried out differed as well. All were forms of torture, and though women could be sentenced to death they were not ordinarily subject to public execution and humiliation. When women were sentenced to death they were required to take their own lives in a forced suicide, the manner of which was up to the offender and completed in private, after which it was confirmed by the prelate. In that manner the Chinese avoided the societal taboo of killing a woman, which was not because women were considered sacred, but because all women were the property of someone. Even a widow was the property of her late husband.
The mildest form of punishment for transgressing women was being forced to grind grain for a predetermined period of time, or a predetermined amount of grain. Since grinding of grain was by hand it was hard labor. More serious offenses led to the individual fingers of the hands being pressed between wooden planks or sticks to inflict pain, a process repeated several times until the sentence was deemed to be complete. Fourth was a beating upon the back, using heavy wooden bars, with the number of blows determined by the judge. The punishment for behaviors for which men faced the rest of their lives as eunuchs was for women what is now known as solitary confinement, for a length of time ordered by the judge.
18. The ancient Chinese could buy their way out of even the death penalty
All of the prescribed sentences in ancient Chinese society could be avoided through the payment of fees to the court, which ultimately went to the emperor. The payment was cash in the form of copper coins. Even the death penalty could be averted by the payment of a fine in copper. That even capital crimes could be resolved by the transfer of the equivalent of hard currency is a clear indication of the lack of hard cash at all levels of Chinese society. The amount of the fines charged to avoid corporal and capital punishment varied with each crime, and changed over the years. Thus in ancient China, wealthy criminals escaped the courts and the consequences of their crimes far more readily than the poor.
Even for the wealthier Chinese, the amounts of the fines were huge for the day, and the majority of those convicted from all classes suffered the physical punishments, rather than the financial. It was a harsh and brutal life. A child born into Chinese society entered into it unaware that he or she was limited by circumstances over what could be accomplished during life, and many lived their entire lives within a few hundred feet of the place where they had been born, dying many years later as a venerated elder, to be worshiped by succeeding generations in the same house for centuries. In many Chinese families, they remain venerated today, despite the many changes to China and its people.
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