"(12) The samurai throughout the provinces are to practise frugality.

"Those who are rich like to make a display, whilst those who are poor are ashamed of not being on a par with the others. There is no other influence so pernicious to social observances as this; and it must be strictly kept in check."

Frugality always occupied a prominent place in the Bakufu's list of essentials. Frequent and strenuous efforts were made by successive shoguns to encourage people in this virtue, but with the long peace enjoyed by the country under Tokugawa rule, a tendency to increasing luxury constantly prevailed, and the Government's aims in this respect were not realized except for brief periods. During the administration of the first three Tokugawa shoguns, and under the eighth shogun (Yoshimune), some success attended official injunctions of economy, but on the whole a steady growth of extravagance characterized the era.

"(13) The lords of domain (kokushu, masters of provinces) must select men of capacity for office.

"The way to govern is to get hold of the proper men. The merits and demerits (of retainers) should be closely scanned, and reward or reproof unflinchingly distributed accordingly. If there be capable men in the administration, that domain is sure to flourish; if there be not capable men, then the domain is sure to go to ruin. This is an admonition which the wise ones of antiquity all agree in giving forth."

"The tenor of the foregoing rules must be obeyed.

"Keicho, 20th year, 7th month (September 23, 1615)."

The above body of laws may be regarded as the Tokugawa Const.i.tution.

They were re-enacted by each shogun in succession on a.s.suming office.

The custom was to summon all the daimyo to Yedo, and to require their attendance at the Tokugawa palace, where, in the presence of the incoming shogun, they listened with faces bowed on the mats to the reading of the laws. Modifications and additions were, of course, made on each occasion, but the provisions quoted above remained unaltered in their essentials. Up to the time of the third shogun (Iemitsu), the duty of reading aloud the laws at the solemn ceremonial of the new shogun's invest.i.ture devolved on a high Buddhist priest, but it was thereafter transferred to the representative of the Hayashi family (to be presently spoken of). Any infraction of the laws was punished mercilessly, and as their occasionally loose phraseology left room for arbitrary interpretation, the provisions were sometimes utilized in the interest of the shogun and at the expense of his enemies.

RULES FOR THE IMPERIAL COURT AND COURT n.o.bLES

In the same month of the same year there was promulgated a body of laws called the "Rules of the Imperial Court, and the Court n.o.bles"

(Kinchu narabi ni Kugeshu Sho-hatto). This enactment bore the signatures of the kwampaku and the shogun and had the Imperial sanction. It consisted of seventeen articles, but only five of them had any special importance:

"(1) Learning is the most essential of all accomplishments. Not to study is to be ignorant of the doctrines of the ancient sages, and an ignorant ruler has never governed a nation peacefully."

This specious precept was not intended to be literally obeyed. The shoguns had no desire for an erudite Emperor. Their conception of learning on the part of the sovereign was limited to the composition of j.a.panese verselets. A close study of the doctrines of the ancient Chinese sages might have exposed the illegitimacy of the Bakufu administration. Therefore, Yedo would have been content that the Mikado should think only of spring flowers and autumn moonlight, and should not torment his mind by too close attention to the cla.s.sics.

"(2) A man lacking in ability must not be appointed to the post of regent or minister of State even though he belong to the Go-sekke (Five Designated Families), and it is needless to say that none but a member of those families may serve in such a position."

"(3) A man of ability, even though he be old, shall not be allowed to resign the post of regent or minister of State in favour of another.

If he attempts to resign, his resignation should be refused again and again."

The above two provisions practically conferred on the Bakufu the power of not only appointing the regent and ministers of State but also of keeping them in office. For, as the law had been framed in Yedo, in Yedo also was vested competence to judge the ability or disability of a candidate. Hence, when the Emperor proposed to appoint a regent or a minister, the Bakufu had merely to intimate want of confidence in the nominee's ability; and similarly, if the sovereign desired to dismiss one of those high officials, the shogun could interfere effectually by reference to the letter of the law.

Thus, the power of appointing and dismissing the great officials in Kyoto, which is one of the important prerogatives of the crown, was practically usurped by the shogun.

"(4) An adopted son shall always be chosen from the family of his adopter; and a female shall never be adopted to be the head of a family, no such custom having existed in j.a.pan at any time."

This provision had two main objects. The first was to avert adoptions having the effect of combinations; the second, to prevent adoption of Imperial princes into other families. The Bakufu sought, as far as possible, to bring about the taking of the tonsure by all princes of the Blood who were not in the direct line of the succession, and to keep these princes from attaining to the posts of regents or ministers of State.

"(5) All reports shall be submitted to the Emperor by the regent, the denso, or an administrator (bugyo). Any other person who, in disregard of this rule, attempts to address the Throne direct, shall be sent into exile, whatever his rank."

The denso mentioned in this provision was an official appointed by the Bakufu for that special purpose. The whole arrangement as to communication with the Throne const.i.tuted a powerful b.u.t.tress of Bakufu influence. Generally, the latter could contrive, as has been shown above, to control the appointment and continuance in office of a regent or a minister, while as for the administrators (bugyo), they were nominees of Yedo. It thus resulted that the Throne was approachable through the channel of the Bakufu only.

LAWS WITH REFERENCE TO BUDDHISM

The above laws remained unchanged throughout the Tokugawa era. A special law was also enacted with reference to Buddhist sects and the princ.i.p.al Buddhist temples. Ieyasu secured to these temples the possession of their manors by granting t.i.tle-deeds bearing what was called the "go-shuinji," or "vermilion signature." The term was not really applicable in the case of Ieyasu. It is true that Hideyoshi, doubtless in imitation of Chinese custom, stamped a vermilion seal upon doc.u.ments of this character; but the Tokugawa shoguns employed a black signature written with a pen. Nevertheless, the term "go-shuinji" continued to be used from the time of the Taiko downwards. It was an outcome of Ieyasu's astuteness that the great Hongwan temple was divided into two branches, eastern and western, by which process its influence was prevented from becoming excessive.

During the administration of the third shogun, every daimyo was required to adhere to a definite sect of Buddhism, and to the Buddhist and Shinto temples was entrusted the duty of keeping an accurate census of their parishioners. The direct purpose of these latter laws was to facilitate the extermination of Christianity.

Anyone whose name was not enrolled on one of the above lists fell under suspicion of embracing the foreign faith.

A j.a.pANESE HISTORIAN'S OPINION

Referring to the above laws the Tokugawa Jidaishi says:

"The above laws and regulations were the Const.i.tution of the Tokugawa Bakufu. By the aid of their provisions the influence of Yedo was extended to every part of the nation from the Imperial Court to the world of religion. No such codes had ever previously existed in j.a.pan. Any unit of the nation, whether a Court n.o.ble, a great feudatory, a priest, or a common samurai, had to yield implicit obedience or to suffer condign punishment. Thus, it fell out that everybody being anxious to conform with the rules, the universal tendency was to share in preserving the peace. From the point of view of this system, Ieyasu was eminently above all modern and ancient heroes. Hideyoshi won brilliant victories in war, but he saw no better method of maintaining peace at home than to send the country's armies to fight abroad. He seems to have conceived a hope that his generals would find goals for their ambition in Korea or China, and would exhaust their strength in endeavouring to realize their dreams.

But his plan brought about the contrary result; for the generals formed fresh enmities among themselves, and thus the harvest that was subsequently reaped at Sekigahara found hands to sow it.

"Ieyasu, however, prized literature above militarism. He himself became a pioneer of learning, and employed many scholars to a.s.sist in constructing a solid framework of peace. The territorial n.o.bles had to follow his example. Even Kato Kiyomasa, Asano Yukinaga, and Kuroda Nagamasa, each of whom during his lifetime was counted a divinely inspired general, found themselves constrained to study the Chinese cla.s.sics under the guidance of Funabashi Hidekata and Fujiwara Seigwa. How much more cogent, then, was the similar necessity under which lesser men laboured. Thus, Ieyasu's love of literature may be regarded as a cause of the peace that prevailed under the Tokugawa for 260 years."

REVIVAL OF LEARNING

Ieyasu employed four instruments for educational purposes--the establishment of schools, the engagement of professors, the collection of ancient literary works, and the printing of books. In accordance with his last will his son Yoshinao, daimyo of Owari, built, in 1636, the Daiseiden College beside the temple of Kiyomizu in Ueno Park, near the villa of Hayashi Kazan, the celebrated Confucian scholar; but, in 1691, the college was moved to the slope called Shohei-zaka, where a bridge--Shohei-bashi--was thrown across the river. "Shohei" is the j.a.panese p.r.o.nunciation of "Changping,"

Confucius's birthplace, and the school was known as the Shohei-ko. It received uniform patronage at the hands of the Tokugawa, whose kinsmen and va.s.sals were required to study there, their proficiency, as determined by its examinations, being counted a pa.s.sport to office. Yoshinao laid the foundation of a great library at the school and the number of volumes was constantly increased.

During the lifetime of Ieyasu, one of the most noted scholars was Fujiwara Seigwa. By the invitation of the Tokugawa chief he lectured on the cla.s.sics in Kyoto, and it is recorded that Ieyasu, who had just (1600) arrived in that city, attended one of these lectures, wearing his ordinary garments. Seigwa is related to have fixed his eyes on Ieyasu and addressed him as follows: "The greatest work of Confucius teaches that to order oneself is the most essential of achievements. How shall a man who does not order himself be able to order his country? I am lecturing on ethics to one who behaves in a disorderly and discourteous manner. I believe that I preach in vain."

Ieyasu immediately changed his costume, and the event contributed materially to the reputation alike of the intrepid teacher and of the magnanimous student, as well as to the popularity of Seigwa's doctrines.

Hayashi Kazan was a disciple of Seigwa whose reputation as a scholar he rivalled. Ieyasu employed him extensively in drafting laws; and many of his disciples subsequently served as teachers of the Chinese cla.s.sics. The scripture of Hayashi's school of ethics was Chu Hi's commentary on the "Great Learning" of Confucius. In this system, ethics become a branch of natural philosophy. "Corresponding to the regular change of the seasons in nature is right action in man (who is the crown of nature), in the relation of sovereign and subject, parent and child, elder brother and younger brother, husband and wife, friend and friend. To his sovereign, or lord, he is bound to be faithful; to his parents, dutiful, and to his elder brother, respectful. Affection should characterize the relations of husband and wife and trust those of friend with friend."

A moment's consideration of this ethical system shows that it cannot be reconciled with such a form of administration as that existing under the Bakufu. Genuine loyalty to the sovereign found no place in the practical code of Tokugawa. Whether Ieyasu appreciated that fact or whether he ignored it in consideration of the civilizing and tranquillizing influences of Confucianism, there is nothing to show.

Ultimately, however, it was to the ethics of the Chinese sage that the Tokugawa downfall became indirectly attributable.

Ieyasu showed much earnestness in searching for and collecting ancient books. Before and after the war of Osaka, he ordered priests to copy old books and records preserved in Buddhist temples and n.o.blemen's houses. Subsequently, during the Kwanei era--1621-1643--there was built within the castle of Yedo a library called Momijiyama Bunko where the books were stored. He was also instrumental in causing the compilation and publication of many volumes whose contents contribute materially to our historical knowledge. The writing of history in the Imperial Court had been abandoned for many years, and the scholars employed by Ieyasu had recourse to private diaries for materials. Hayashi Kazan (Doshuri) was entrusted with the duty of distinguishing between the true and the false in using these records, and there resulted two memorable works. The second of these consisted in the main of genealogical tables. It extended to 372 volumes and subsequently became the Kwanei Shoke Keizu-den. The first, a national history, was originally called the Honcho Hennen-roku. Before its compilation Kazan (Doshun) died, and the book was concluded by his son, Harukatsu, in the year 1635.

It consisted of three hundred volumes in all, and covered the period from the age of the G.o.ds to the year 1610. It is now known as the Honcho Tsugan. The two works having been published to the order and under the patronage of the Bakufu, their contents were by no means free from the stain of favour and affection, but they nevertheless possess inestimable historical value.

THE SECOND TOKUGAWA SHOGUN, HIDETADA

Hidetada, third son of Ieyasu, was born in 1579; succeeded to the shogunate in 1605; abdicated in 1622, and died in 1632. His appearance on the historical stage was not very glorious, for, as already shown, when marching to join his father's army before the battle of Sekigahara, he allowed himself to be detained so long at the siege of Ueda Castle that he failed to be present at the great combat, and Ieyasu, as a mark of displeasure, refused to meet him until Honda Masazumi pleaded Hidetada's cause. During the first eleven years of his shogunate he exercised little real authority, the administration being conducted by Ieyasu himself from his nominal place of retirement in Sumpu. Thus, the period of Hidetada's independent sway extended over six years only. But during the ten subsequent years he continued to exercise much camera influence over the Government, though his power was inferior to that which had been wielded by Ieyasu in nominal retirement. Honda Masazumi, who had befriended him at the critical time mentioned above, occupied the highest post in the administration, the second place being a.s.signed to Sakai Tadayo, while in Kyoto the Tokugawa interests were guarded by Itakura Katsushige and Matsudaira Masatsuna.

The era of Hidetada was essentially one of organization, and by the exercise of sincerity and justice he contributed much to the stability of the Tokugawa rule. Not the least memorable step taken by him related to the fortress of Yedo. In the year following his succession, he ordered the feudatories of the east to construct the castle which remains to this day one of the marvels of the world.

"Around it stretched a triple line of moats, the outermost measuring nine and a half miles in length, the innermost one and a half, their scarps constructed with blocks of granite nearly as colossal as those of the Osaka stronghold, though in the case of the Yedo fortification every stone had to be carried hundreds of miles over the sea. The gates were proportionately as huge as those at Osaka, well-nigh the most stupendous works ever undertaken, not excepting even the Pyramids of Egypt. There is not to be found elsewhere a more striking monument of military power, nor can anyone considering such a work, as well as its immediate predecessor, the Taiko's stronghold at Osaka, and its numerous contemporaries of lesser but still striking proportions in the princ.i.p.al fiefs, refuse to credit the j.a.panese with capacity for large conceptions and competence to carry them into practice."

CONJUGAL RELATIONS BETWEEN THE IMPERIAL FAMILY AND THE TOKUGAWA

It had been one of the most cherished wishes of Ieyasu to follow the Fujiwara precedent by establishing conjugal relations between the Imperial family and the Tokugawa. But the ex-Emperor, Go-Yozei, turned a deaf ear to this proposal on the ground that a lady born in a military house had never been chosen consort of a sovereign.

Ieyasu, however, did not abandon his purpose. He entrusted its prosecution to Todo Takatora, and in 1616, the year of Ieyasu's death, Todo induced Konoe n.o.buhiro, minister of the Right, to promote this undertaking. n.o.buhiro, being the Emperor's younger brother, was able to exert much influence, and finally the ex-Emperor gave his consent. In June, 1620, Kazuko, daughter of Hidetada, became first lady-in-waiting, and ultimately Empress under the name of Tof.u.ku-mon-in. It is recorded that 1180 chests were required to carry her trousseau from Yedo, and that the costs of her outfit and of her journey to Kyoto aggregated more than a million sterling. She gave birth to two princes and five princesses, and the house of Konoe, which had been instrumental in procuring her summons to the Court, became the leader of the Go-sekke.

DEATH OF HIDETADA AND HIS CHARACTER

After resigning the shogunate in 1622, Hidetada retired to the inner castle (Nishi Maru) in Yedo and there continued to direct affairs. He died ten years later, at the age of fifty-eight, and was interred at the temple Zojo-ji, in the Shiba district of the eastern capital.

j.a.panese historians agree that Hidetada's character was adapted for the work of consolidation that fell to his lot. He resembled his father, Ieyasu, in decision and perseverance; he never dealt lightly with any affair, and while outwardly gentle and considerate, he was at heart subtle and uncompromising. An interesting ill.u.s.tration of the administrative canons of the time is afforded in the advice said to have been given by Hosokawa Tadaoki when consulted by Hidetada.

"There is an old proverb," Tadaoki replied, "that if a round lid be put on a square vessel, those within will have ease; but if a square lid be used to cover a square vessel, there will result a feeling of distress." Asked for a standard by which to judge qualifications for success, the same n.o.bleman answered that an oyster sh.e.l.l found on the Akashi sh.o.r.e is the best type of a man qualified to succeed, for the sh.e.l.l has been deprived of all its angles by the beating of the waves. Of Hidetada himself there is told an anecdote which shows him to have been remarkably free from superst.i.tion. A comet made its appearance and was regarded with anxiety by the astrologists of Kyoto, who a.s.sociated its advent with certain misfortune. Hidetada ridiculed these fears. "What can we tell," he said, "about the situation of a solitary star in the wide universe, and how can we know that it has anything to do with this little world?"

THE THIRD SHOGUN, IEMITSU

Iemitsu, son of Hidetada, was born in 1603; succeeded to the shogunate in 1622, and held that post until his death, in 1651. His princ.i.p.al ministers were Ii Naotaka (who had occupied the post of premier since the days of Ieyasu), Matsudaira n.o.butsuna, and Abe Tadaaki, one of the ablest officers that served the Tokugawa. He devoted himself to consolidating the system founded by his grandfather, Ieyasu, and he achieved remarkable success by the exercise of exceptional sagacity and determination. In 1626, he proceeded to Kyoto at the head of a large army, simply for the purpose of conveying to the feudal n.o.bles a significant intimation that he intended to enforce his authority without hesitation. Up to that, time the feudal chiefs were not officially required to reside in Yedo for any fixed time or at any fixed interval. But now it was clearly enacted that the feudatories of the east and those of the west should repair to the Bakufu capital, at different seasons in the year; should remain there a twelvemonth,--in the case of feudal lords from the Kwanto only six months--and should leave their wives and families as hostages during the alternate period of their own absence from the shogun's city, which they spent in the provinces.

This system was technically called sankin kotai, that is "alternate residence in capital." From the point of view of the Tokugawa the plan was eminently wise, for it bound the feudal chiefs closer to the shogun, keeping them under his eye half the time and giving hostages for their good behaviour the other half; and it helped the growth of Yedo both in financial and political power, by bringing money into it and by making it more than before an administrative headquarters. On the other hand there was a corresponding drain on the provinces, all the greater since the standard of living at Yedo was higher than in rural districts and country n.o.bles thus learned extravagance. To prevent other families from growing too rich and powerful seems to have been a part of Ieyasu's definite plan for holding in check possible rivals of the Tokugawa, so that it is not impossible that he foresaw this very result. At any rate it is known that in the instructions for government which he handed down to his successors he urged them to keep strict surveillance over their feudal lords and if any one of them seemed to be growing rich to impose upon him such a burden of public works as would cripple him.

In 1632, Iemitsu made another military demonstration at Kyoto, and on this occasion the Emperor would have conferred on him the post of prime minister (dajo daijiri). But he refused to accept it. This refusal was subsequently explained as a hint to the feudal chiefs that inordinate ambition should be banished from their bosoms; but in reality Iemitsu was influenced by the traditional principle that the Throne had no higher gift to bestow on a subject than the shogunate.