Regard anger as an enemy.

He that knows how to win only and does not know how to lose, will achieve nothing useful.

Blame yourself and acquit others.

To fall short is better than to exceed.

ENGRAVING: SIGNATURE OF ASHIKAGA TAKAUJI

ENGRAVING: THEATRICAL PLAY OF OLD j.a.pAN

CHAPTER x.x.xIX

FIRST PERIOD OF THE TOKUGAWA BAKUFU; FROM THE FIRST TOKUGAWA SHOGUN, IEYASU, TO THE FOURTH, IETSUNA (1603-1680)

LEGISLATION

THE Tokugawa family having brought the whole empire under its sway, Ieyasu applied himself to legislative work with a degree of thoroughness and earnestness that far exceeded anything in the history of his predecessors. The terms of the oath of allegiance that he dictated to the feudatories after the battle of Sekigahara have been already referred to. Ten years later, that is to say, in 1611, he required all the provincial governors to subscribe this same oath, and, in 1613, he enacted a law for the Court n.o.bles (kugeshu-hatto), to which the Imperial a.s.sent was obtained. This was the first instance of a military man legislating for the n.o.bles of the capital; but it must be noted that the latter by their own misconduct furnished an opportunity for such interference. A Court scandal a.s.sumed such dimensions, in 1607, that the Emperor ordered the Bakufu to investigate the matter and to inflict suitable punishment. Ieyasu summoned a number of the offenders to Sumpu, where he subjected fourteen of them to severe examination. Ultimately some were sentenced to exile and others were deprived of their ranks, while the princ.i.p.al malefactor, Inok.u.ma, general of the Left, was condemned to death. This affair demonstrated that the effective power was in the hands of the military, and throughout the Tokugawa rule they never failed to exercise it. In September of the year that witnessed the fall of Osaka Castle, Ieyasu and Hidetada summoned all the provincial governors to Momo-yama, and handed to them a body of rules ent.i.tled the "Laws of the Military Houses." These laws ran as follows:-*

*The translation of these laws is taken from a paper read by Mr.

Consul-General J. C. Hall and recorded in the "Transactions of the Asiatic Society of j.a.pan" for 1911.

"(1) Literature, arms, archery, and horsemanship are, systematically, to be the favourite pursuits.

"Literature first, and arms next was the rule of the ancients. They must both be cultivated concurrently. Archery and horsemanship are the more essential for the military houses. Weapons of warfare are ill-omened words to utter; the use of them, however, is an unavoidable necessity. In times of peace and good order we must not forget that disturbance may arise. Dare we omit to practise our warlike exercise and drill?"

Although this provision ostensibly encouraged the pursuit of literary and military arts, those who read the law too implicitly and devoted themselves too earnestly to the pursuit of arms quickly found that they were not in touch with the time or with the intention of the legislators. In fact, the purpose of the latter was to bracket literature and the art of war together, giving no preference to either.

"(2) Drinking parties and gaming amus.e.m.e.nts must be kept within due bounds.

"In our Instructions it is laid down that strict moderation in these respects is to be observed. To be addicted to venery and to make a pursuit of gambling is the first step towards the loss of one's domain."

This rule may be said to define what is known in Europe as "conduct unbecoming an officer." Not to know how to order one's tongue was as grave an offence as debauchery, according to the canons of the samurai.

"(3) Offenders against the law are not to be harboured in feudal domains.

"Law is the very foundation of ceremonial decorum and of social order.

To infringe the law in the name of reason is as bad as to outrage reason in the name of law. To disregard the law (laid down by us) is an offence which will not be treated with leniency."

This provision was directly suggested by the Government's desire to suppress Christianity.

"(4) Throughout the domains whether of the greater or lesser barons (daimyo and shomyo) or of the holders of minor benefits, if any of the gentry or soldiers (shi and sotsu) in their service be guilty of rebellion or murder, such offenders must be at once expelled from their domain.

"Fellows of savage disposition (being retainers) are an apt weapon for overthrowing the domain or the family employing them, and a deadly instrument for cutting off the common people. How can such be tolerated?"

In the early days of the Yedo Bakufu it was not uncommon for a feudatory to enrol among his va.s.sals refugee samurai who had blood on their hands. These would often be pursued into the fiefs where they had taken refuge, and much disorder resulted. The above provision removed these murderers from the protection of the feudatory in whose service they had enlisted.

"(5) Henceforth no social intercourse is to be permitted outside of one's own domain with the people (gentry and commoners) of another domain.

"In general, the customs of the various domains are all different from one another, each having its own peculiarities. To divulge the secrets of one's own domain is a sure indication of an intent to curry favour."

It has been shown that by the Chinese masters of strategy whose works were studied in j.a.pan the art of espionage was placed on a high pinnacle. This teaching appears to have produced such evil results that the Tokugawa legislated against it.

"(6) The residential castles in the domains may be repaired; but the matter must invariably be reported. Still more imperative is it that the planning of structural innovations of any kind must be absolutely avoided.

"A castle with a parapet exceeding three thousand feet by ten is a bane to a domain. Crenelated walls and deep moats (of castles) are causes of anarchy."

This provision was important as a means of enfeebling the barons.

They were not at liberty to repair even a fence of the most insignificant character or to dredge a moat, much more to erect a parapet, without previous sanction from the Bakufu.

"(7) If, in a neighbouring domain, innovations are being hatched or cliques being formed, the fact is to be reported without delay.

"Men are always forming groups; whilst, on the other hand, few ever come to anything. On this account, they fail to follow their lords or fathers, and soon come into collision with those of neighbouring villages. If the ancient prohibitions are not maintained, somehow or other innovating schemes will be formed."

Everything in the form of combination, whether nominally for good or for evil, was regarded with suspicion by the Bakufu, and all unions were therefore interdicted. Of course, the most important incident which the law was intended to prevent took the form of alliances between barons of adjacent provinces.

"(8) Marriages must not be contracted at private convenience.

"Now, the marriage union is a result of the harmonious blending of the In and Yo (i.e. the Yin and Yang of Chinese metaphysics, the female and male principles of nature). It is therefore not a matter to be lightly undertaken. It is said in the 'Scowling' pa.s.sage of the (Chow) Book of Changes, 'Not being enemies they unite in marriage.'

Whilst (the elders are) thinking of making advances to the opponent (family), the proper time (for the marriage of the young couple) is allowed to slip by. In the 'Peach Young' poem of the Book of Odes it is said, 'If the man and woman, duly observing what is correct, marry at the proper time of life, there will be no widows in the land.' To form cliques (political parties) by means of matrimonial connexions is a source of pernicious stratagems."

This provision was, in fact, a codification of the veto p.r.o.nounced by Hideyoshi on his death-bed against marriages between the families of different daimyo. Ieyasu himself had been the first to violate the veto, and he was the first to place it subsequently on the statute book. The third Tokugawa shogun, Iemitsu, extended the restriction by ordering that even families having estates of only three thousand koku should not intermarry without Yedo's previous consent.

"(9) As to the rule that the daimyo shall come (to the shogun's court at Yedo) to do service:--

"In the Shoku Nihongi (The Continuation of the Chronicles of j.a.pan) it is recorded amongst the enactments,

"'Except when entrusted with some official duty to a.s.semble, no one (dignitary) is allowed at his own pleasure to a.s.semble his tribe within the limits of the capital, no one is to go about attended by more than twenty hors.e.m.e.n, etc.'

"Hence it is not permissible to lead about a large force of soldiers.

For daimyo whose revenues range from 1,000,000 koko down to 200,000 koku, the number of twenty hors.e.m.e.n is not to be exceeded. For those whose revenues are 100,000 koku and under, the number is to be in the same proportion.

"On occasions of official service, however (i.e. in time of warfare), the number of followers is to be in proportion to the social standing of each daimyo."

The above rule of repairing to the capital to pay respects (go-sankin) was an old fashion, and barons were accustomed to go with large retinues. Thus, it often happened that collisions occurred between the corteges of hostile feudatories, and it was to prevent these sanguinary encounters that the Tokugawa set strict limits to the number of samurai accompanying a military chief.

"(10) There must be no confusion in respect of dress uniforms, as regards the materials thereof.

"The distinction between lord and va.s.sal, between superior and inferior, must be clearly marked by the apparel. Retainers may not, except in rare cases by special favour of their lords, indiscriminately wear silk stuffs, such as shiro-aya (undyed silk with woven patterns), shiro-kosode (white wadded silk coats), murasaki-awase (purple silk coats, lined), murasaki-ura (silk coats lined with purple); nori (white gloss silk), mumon (silk coat without the wearer's badge dyed on it), kosode (a coloured silk-wadded coat).

In recent times, retainers and henchmen (soldiers) have taken to wearing rich damasks and silk brocade. This elaborate display was not allowed by the ancient laws and it must be severely kept within bounds."

"(11) Miscellaneous persons are not at their pleasure to ride in palanquins.

"There are families who for special reasons from of old have (inherited) the privilege of riding in palanquins without permission from the authorities: and there are others who by permission of the authorities exercise that privilege. But, latterly, even sub-va.s.sals and henchmen of no rank have taken to so riding. This is a flagrant impertinence. Henceforward the daimyo of the provinces, and such of their kinsfolk as are men of distinction subordinate to them, may ride without applying for Government permission. Besides those, the following have permission, viz., va.s.sals and retainers of high position about their lords; doctors and astrologers; persons of over sixty years of age, and sick persons and invalids. If ordinary retainers, or inferior henchmen (sotsu) are allowed to ride in palanquins, it will be considered to be the fault of their lords.

"This proviso, however, does not apply to Court n.o.bles, abbots, or ecclesiastics in general.