ENGRAVING: SILK Ta.s.sEL

ENGRAVING: ITSUKUSHIMA JINJA (SHRINE), AT MIYAJIMA

CHAPTER XXVII

THE HOJO

THE HOJO IN KYOTO

THERE was nothing perfunctory in the administration of the "Two Rokuhara" (Ryo-Rokuhara) in Kyoto. The northern and the southern offices were presided over by the most prominent members of the Hojo family, men destined to fill the post of regent (shikkeri) subsequently in Kamakura. Thus, when Hojo Yos.h.i.toki died suddenly, in 1224, his son, Yasutoki, returned at once to Kamakura to succeed to the regency, transferring to his son, Tokiuji, the charge of northern Rokuhara, and a short time afterwards the control of southern Rokuhara was similarly transferred from Yos.h.i.toki is brother, Tokifusa, to the latter's son, Tokimori. Nominally, the jurisdiction of the two Rokuhara was confined to military affairs, but in reality their influence extended to every sphere within Kyoto and to the Kinai and the Saikai-do without.

THE HYOJOSHU

So long as the lady Masa lived, the administrative machinery at Kamakura suggested no sense of deficiency. That great woman accepted all the responsibility herself. But in the year (1225) of her death, Yasutoki, who had just succeeded to the regency, made an important reform. He organized within the Man-dokoro a council of fifteen or sixteen members, which was called the Hyojo-shu, and which virtually const.i.tuted the Bakufu cabinet. The Samurai-dokoro and the Monju-dokoro remained unchanged, but the political administration pa.s.sed from the Monju-dokoro to the Hyojoshu, and the betto of the former became in effect the finance minister of the shogun.

THE GOOD ADMINISTRATION OF THE HOJO

Commencing with Yasutoki (1225), down to the close of the thirteenth century, j.a.pan was admirably ruled by a succession of Hojo regents.

Among them, Yasutoki deserves the highest credit, for he established a standard with the aid of very few guiding precedents. When he came into power he found the people suffering grievously from the extortions of manorial chiefs. It was not an uncommon practice for the owner of an estate to hold in custody the wives and daughters of defaulting tenants until the latter paid their rents, however exorbitant, and seldom indeed did the holder of a manor recognize any duty of succouring the peasants in time of distress. The former cruel practice was strictly forbidden by Yasutoki, and, to correct the latter defect, he adopted the plan of setting a fine example himself.

It is recorded that in the Kw.a.n.ki era (1229-1232), when certain places were suffering from crop failure, the regent distributed nine thousand koku of rice (45,000 bushels approximately) among the inhabitants and remitted all taxes throughout more than one thousand districts.

In the Azuma Kagami, a contemporaneous history generally trustworthy, we find various anecdotes ill.u.s.trative at once of the men and the ethics of the time. Thus, it is related that the farmers of a village called Hojo being in an embarra.s.sed condition, seed-rice was lent to them in the spring by the regent's order, they undertaking to repay it in the autumn. But a storm having devastated their fields, they were unable to keep their pledge. Nothing seemed to offer except flight. When they were on the eve of decamping, however, they received from Yasutoki an invitation to a feast at which their bonds were burned in their presence and every debtor was given half a bushel of rice. Elsewhere, we read that the regent himself lived in a house so unpretentious that the interior was visible from the highroad, owing to the rude nature of the surrounding fence. Urged to make the fence solid, if only as a protection against fire, his reply was: "However economically a new wall and fence be constructed, the outlay would be at the cost of the people. As for me, if I do my duty to the State, my life and my house will be safe. If I fail, the strongest fence will not avail."

In estimating what his bountiful a.s.sistance to the farmers meant, it is necessary to remember that he was very poor, The greater part of the comparatively small estates bequeathed to him by his father he divided among his half-brothers by a Fujiwara mother, reserving to himself only a little, for, said he: "I am the regent. What more do I desire?" One day, while attending a meeting of the Hyojoshu, he received news that the house of his brother, Tomotoki, was attacked.

Immediately he hastened to the rescue with a small band of followers.

Subsequently, one of his princ.i.p.al retainers remonstrated with him for risking his life in an affair so insignificant. Yasutoki answered: "How can you call an incident insignificant when my brother's safety was concerned? To me it seemed as important as the Shokyu struggle. If I had lost my brother, what consolation would my rank have furnished?"

Yasutoki never made his rank a pretext for avoiding military service; he kept his watch in turn with the other guards, remaining up all night and attending to all his duties. When he periodically visited the temple of Yoritomo, he always worshipped without ascending to the aisle, his reason being that, were the shogun, Yoritomo, alive, the regent would not venture to sit on the dais by his side. Thrifty and eminently practical, he ridiculed a priest who proposed to tranquillize the nation by building fanes. "How can peace be brought to the people," he asked, "by tormenting them to subscribe for such a purpose?" He revered learning, regarded administration as a literary art rather than a military, and set no store whatever by his own ability or competence.

THE JOEI CODE

The most memorable achievement during Yasutoki's regency was the compilation of a code of law called the Joei Shikimoku* after the name of the era (Joei, 1232-1233) when it was promulgated. What rendered this legislation essentially necessary was that the Daiho code of the eighth century and all the laws founded on it were inspired primarily by the purpose of centralizing the administrative power and establishing the Throne's t.i.tle of ownership in all the land throughout the realm, a system diametrically opposed to the spirit of feudalism. This incongruity had made itself felt in Yoritomo's time, and had suggested the compilation of certain "Rules for Decisions" (Hanketsu-rei), which became the basis of the Joei code in Yasutoki's days. Another objection to the Daiho code and its correlated enactments was that, being written with Chinese ideographs solely, they were unintelligible to the bulk of those they concerned.

Confucius laid down as a fundamental maxim of government that men should be taught to obey, not to understand, and that principle was adopted by the Tokugawa in the seventeenth and eighteenth centuries.

But in the thirteenth, the aim of Yasutoki and his fellow legislators was to render the laws intelligible to all, and with that object they were indited mostly in the kana syllabary.

*Called also the Kwanto Goseibai Shikimoku.

The actual work of compilation was done by Hokkyo Enzen (a renowned bonze), but the idea originated with Hojo Yasutoki and Miyoshi Yasutsura, and every provision was carefully scanned and debated by the Bakufu's State council (Hyojoshu). There was no intention of suppressing the Daiho code. The latter was to remain operative in all regions to which the sway of the Kyoto Court extended direct. But in proportion as the influence of the Bakufu grew, the Joei laws received new adherents and finally became universally effective. A great modern authority, Dr. Ariga, has opined that the motive of the Bakufu legislation was not solely right for right's sake. He thinks that political expediency figured in the business, the Kamakura rulers being shrewd enough to foresee that a reputation for administering justice would prove a potent factor in extending their influence. If so, the scheme was admirably worked out, for every member of the council had to sign a pledge, inserted at the end of the Shikimoku, invoking* the vengeance of heaven on his head if he departed from the laws or violated their spirit in rendering judgment. Nothing, indeed, stands more signally to the credit of the Bakufu rulers from the days of Yoritomo and his wife, Masa, downwards, than their constant endeavour to do justice between man and man.

*"This oath indicates, among other things, the deep sense of the importance of unanimity, of a united front, of the individual sharing fully in the collective responsibility, that was cherished by the Bakufu councillors. This was, indeed, one of the chief secrets of the wonderful stability and efficiency of the machine." (Murdoch.)

NATURE OF THE CODE

The Joei Shikimoku is not a voluminous doc.u.ment: it contains only fifty-one brief articles, which the poet Basho compares to the luminosity of the full moon. It has been excellently translated and annotated by Mr. Consul-General J. C. Hall in the "Transactions of the Asiatic Society of j.a.pan" (Vol. x.x.xIV, Part I), and Mr. J.

Murdoch, in his admirable History of j.a.pan, summarizes its provisions lucidly. We learn that slavery still existed in the thirteenth century in j.a.pan; but the farmer was guarded against cruel processes of tax-collecting and enjoyed freedom of domicile when his dues were paid. Fiefs might not be sold, but a peasant might dispose of his holding. "Village headmen, while held to a strict discharge of their duties and severely punished for various malpractices, were safeguarded against all aggression or undue interference on the part of the jito. The law of property was almost entirely synonymous with that of fiefs. These, if originally conferred for public services rendered by the grantee, could not be sold. On the death of the holder it was not necessarily the eldest son--even though legitimate--that succeeded. The only provision affecting the father's complete liberty of bequest or gift to his widow--or concubine, in one article--or children, was that a thoroughly deserving eldest son, whether of wife or concubine, could claim one-fifth of the estate.

"Not only could women be dowered with, or inherit, fiefs, and transmit a legal t.i.tle to them to their own children, but a childless woman was even fully empowered to adopt an heir. Yoritomo had been the first to sanction this broadminded and liberal principle. In Kamakura, an adulterer was stripped of half of his fief if he held one; and if he had none, he was banished. For an adulteress the punishment was no severer, except that if she possessed a fief, the whole of it was confiscated. A good many sections of the code deal with legal procedure and the conduct and duty of magistrates, the great objects being to make the administration of justice simple, prompt, and pure, while repressing everything in the shape of pettifogging or factious litigation.

"The penalties were neither cruel nor ferocious. Death for the worst offences--among which theft is specially mentioned--confiscation of fief, and banishment, these exhaust the list. The only other punishment mentioned is that of branding on the face, inflicted on a commoner for the crime of forgery, a bushi's punishment in this case being banishment, or simply confiscation of his fief, if possessed of one.

"Bakufu va.s.sals were strictly forbidden directly to solicit the Imperial Court for rank or office; they must be provided with a special recommendation from Kamakura. But once invested with Court rank, they might be promoted in grade without any further recommendation, while they were free to accept the position of hebiishi. a.n.a.logous restrictions were placed on the Kwanto clergy, who were to be summarily removed from their benefices if found appealing to Kyoto for promotion, the only exception being in favour of Zen-shu priests. In their case the erring brother guilty of such an offence got off comparatively lightly--'an influential member of the same sect will be directed to administer a gentle admonition.'

The clergy within the Bakufu domains were to be kept strictly in hand; if they squandered the revenues of their inc.u.mbency and neglected the fabric and the established services therein, they were to be displaced. As regards the monasteries and priests outside the Bakufu domain, the case was entirely different; they were virtually independent, and Kamakura interfered there only when instructed to do so by Imperial decree."*

*Murdoch's History of j.a.pan.

FURTHER LEGISLATION

It is not to be supposed that the Joei Shikimoku represents the whole outcome of Kamakura legislation. Many additions were made to the code during the fourteenth century, but they were all in the nature of amplifications or modifications. Kyoto also was busy with enactments in those times--busier, indeed, than Kamakura, but with smaller practical results.

FALL OF THE MIURA

Yasutoki died in 1242, having held the regency (shikken) for eighteen years. His two sons had preceded him to the grave, and therefore his grandson, Tsune-toki, became shikken. Tsunetoki resembled his grandfather in many respects, but, as he died in 1246, he had little opportunity of distinguishing himself. Nevertheless, during his brief tenure of power, he took a step which had momentous consequences. It will be remembered that after the murder of Minamoto Sanetomo by his nephew Kugyo, in 1219, some difficulty was experienced in persuading the Imperial Court to appoint a successor to the shogunate, and finally the choice fell upon Fujiwara Yoritsune, then a child of two, who was not actually nominated shogun until 1226. This n.o.ble, when (1244) in the twenty-seventh year of his age and the eighteenth of his shogunate, was induced by the regent, Tsunetoki, to resign, the alleged reason being portents in the sky, and a successor was found for him in his son, Yoritsugu.

Now, for many years past the Miura family had ranked next to the Hojo in power and above it in wealth, but the two had always been loyal friends. Some umbrage was given to the Miura at this time, however, owing to the favours enjoyed at the regency by the Adachi family, one of whose ladies was the mother of the two shikken, Tsunetoki and Tokiyori. The situation thus created had its issue in a plot to kill Tokiyori, and to replace him by an uncle unconnected with the Adachi.

Whether the Miura family were really involved in this plot, history gives no definite indication; but certainly the ex-shogun, Yoritsune, was involved, and his very marked friendship with Miura Mitsumura could scarcely fail to bring the latter under suspicion. In the end, the Miura mansion was suddenly invested by a Hojo force. Mitsumura and his elder brother, Yasumura, escaped to a temple where, after a stubborn resistance, they and 270 of their va.s.sals committed suicide.

No mercy was shown. The Miura were hunted and slaughtered everywhere, their wide, landed estates being confiscated and divided among the Bakufu, the fanes, and the courtiers at Kyoto.

The terribly drastic sequel of this affair ill.u.s.trates the vast power wielded by the Hojo throughout the empire in the thirteenth century.

Yoritomo's system of high constables and land-stewards brought almost every part of the country under the effective sway of Kamakura. It is not to be supposed, however, that these high constables and land-stewards were suffered to subject the people within their jurisdiction to arbitrary or extortionate treatment. Not only could complaints of any such abuses count on a fair hearing and prompt redress at the hands of the Bakufu, but also inspectors were despatched, periodically or at uncertain dates, to scrutinize with the utmost vigilance the conduct of the shugo and jito, who, in their turn, had a staff of specially trained men to examine the land survey and adjust the a.s.sessment and incidence of taxation.

ENGRAVING: HOJO TOKIYORI

HOJO TOKIYORI

Tokiyori, younger brother of Tsunetoki, held the post of shikken at the time of the Miura tragedy. He had succeeded to the position, in 1246, on the death of Tsunetoki, and he nominally abdicated in 1256, when, in the sequel of a severe illness, he took the tonsure. A zealous believer, from his youth upwards, in the doctrines of the Zen sect of Buddhism, he built a temple called Saimyo-ji among the hills of Kamakura, and retired thither to tend his health--entrusting the office of shikken to a relative, Nagatoki, as his own son, Tokimune, was still of tender age--but continuing himself to administer military and judicial affairs, especially when any criminal or civil case of a complicated or difficult nature occurred. Thus, there was a cloistered regent at Kamakura, just as there had so often been a cloistered Emperor in Kyoto. Tradition has busied itself much with Tokiyori's life. He carried to extreme lengths the virtue of economy so greatly extolled by his grandfather, Yasutoki. Such was the frugality of his mode of life that we read of him searching for fragments of food among the remnants of a meal, so that he might serve them to a friend, and we read, also, of his mother repairing with her own hands the paper covering of a shoji in expectation of a visit from him. He is further said to have disguised himself as an itinerent bonze and to have travelled about the provinces, observing the state of the people and learning their complaints. His experiences, on this pilgrimage read like a romance. Lodging at one time with an aged widow, he learns that she has been robbed of her estate and reduced to painful poverty, a wrong which Tokiyori hastens to redress; at another time his host is an old samurai whose loyal record comes thus to the knowledge of the shikken and is subsequently recognized.

But it must be confessed that these tales rest on very slender evidence. Better attested is the story of Aoto Fujitsuna, which ill.u.s.trates at once the character of Tokiyori and the customs of the time. This Fujitsuna was a man of humble origin but considerable learning. One year, the country being visited by drought, Tokiyori gave rice and money to priests for religious services, and himself worshipped at the shrine of Mishima. These measures were vehemently criticized by Fujitsuna, who described them as enriching the wealthy to help the impoverished. When informed of this, Tokiyori, instead of resenting it, sent for Fujitsuna and nominated him a member of the Court of Recorders,* where he earned the reputation of being one of j.a.pan's greatest judges.** It is related of him that he devoted his whole fortune to objects of charity, and that when Tokiyori, claiming a revelation from heaven, proposed to increase his endowments, his answer was, "Supposing heaven revealed to you that you should put me to death, would you obey?" ***

*The Hikitsuke-shii, a body of men who kept the archives of the Man-dokoro and conducted preliminary judicial investigations. It was organized in Tokiyori's, time and from its members the Hyojoshu was recruited.

**The other was Ooka Tadasuke of the Tokugawa period.

***It is related of this Aoto Fujitsuna that, having dropped a few cash into the Namera River at night, he expended many times the amount in paying torch-bearers to recover the lost coins, his argument being that the money thus expended was merely put into circulation, whereas the dropped money would have been irrevocably lost.

Tokiyori, as already related, though he nominally resigned and entered religion in 1256, really held the reins of power until his death, in 1263. Thus the Insei (camera administration) came into being in Kamakura, as it had done previously in Kyoto. There were altogether nine of the Hojo regents, as shown below:

(1) Tokimasa 1203-1205

(2) Yos.h.i.toki 1205-1224

(3) Yasutoki 1224-1242

(4) Tsunetoki 1242-1246

(5) Tokiyori 1246-1256 Retired in 1256, but ruled in camera till 1263