CHAPTER VII

THE LAWS OF IYEYAS

Iyeyas had shown himself an able commander, and an astute, if a somewhat unscrupulous, diplomatist. He is known to this day as a legislator. Hitherto the country seems to have been governed by the laws of Tankaiko, and these are still in force. But Iyeyas thought it necessary to lay down rules for those who formed his own court--the military chiefs (with their two-sworded followers), whom he intended to act as the executive throughout the empire. He, to this end, issued one hundred rules or directions as his testament, to be bequeathed to his descendants in power, as a guide to them in the office which he hoped would be hereditary in his family. It is said that Iyeyas was assisted in drawing up this code by Nijio dono, Kon chi eeng, Tenkai sojo and Kanga. The originals are now kept at the temple of Koo no san, and it is intended that no one but the ministers of state shall ever see them. These rules are commonly called “Bookay hiak kadjo”--the hundred lines or rules for the military class. The title is Go yu i jowo or Yu i geng or gong--the last testament of Tosho goo, in one hundred sections.

The following translation of these rules is to be looked upon as a mere sketch, or such defective information as a Japanese who understood little English could convey to the author, who understood little Japanese, and the division into 100 sections is difficult to ascertain in the original.

* No one is to act simply for the gratification of his own desires, but he is to strive to do what may be opposed to his desires--_i.e._, to exercise self-control--in order that every one may be ready for whatever he may be called upon by his superiors to do.

* The aged, whether widowers or widows, and orphans, and persons without relatives, every one should assist with kindness and liberality, for justice to these four is the root of good government.

* Respect the gods, keep the heart pure, and be diligent in business during the whole life.

* If the Kubosama (or Shiogoon) should die childless, then Ee, Honda, Sakakibarra, and Sakai,[4] together with the older and most able servants of the Kubosama, are to meet together, and, no matter whether he be distantly or nearly related, they are to fix upon the man most worthy, and of most merit, as successor.

* Upon whomsoever the Mikado may confer the title of Se i shio goon, it is ordained that the customs shall continue as in the time of Kamakura dono (Yoritomo).

* All the rice produce (cheegio) of the empire (at my disposal) amounts to 28,900,000 koku. Of this, I arrange that 20,000,000 is to be divided among the Daimios and Shomios or Hattamoto, and the remaining 8,900,000 koku shall belong to the Kubosama.

* It is the duty of the Kubosama to guard from danger the Emperor and his palace, and to preserve peace and tranquillity in the empire in every direction.

* All the Bookay--_i.e._, military officers--are to take care that the laws of the empire are not lightly changed; but as sometimes necessity may arise for a change, they may yield on special occasions.

* All Daimios and Hattamotos who adhered to me and my cause up to the time of the war at Osaka (with Hideyori) are to be Fudai. Those who since that time have given in their adhesion, and have remained steadfast, are Tozamma (Ch., ngoy yeong), outside lords. Of Tozamma there are eighty-six, of Fudai eight thousand and twenty-three, and of Kammong, or relations of my family, thirteen. Of visitors (lords who visit Iyeyas on equal terms, called Okiaksama or Hin re-i), five, who are:

1. Kitsure gawa dono, } } descendants of Yoritomo. 2. Iwa matz manjiro, }

3. Matzdarra Tajima no kami, who was the seventh son of Hideyas (elder brother of Hidetada), and so grandson of Iyeyas. He was adopted by Taikosama, but was returned to his father on the birth of Hideyori, and was afterward adopted by Yuki.

4. Tatchibanna hida no kami--of a very old illustrious family. He was military teacher of Iyaymitz ko, third Kubosama, and would not acknowledge Iyeyas as his superior, but had not much power, and was not disturbed by Iyeyas.

5. Tokungawa Mantokuji was a very old branch of the Tokungawa line.

* Ko fhoo jo nai (a name of the shiro or castle of Yedo; the Chinese characters are different from the Ko fu of the province of Kahi, where the Shiogoon has a castle) presents on the left side the shape of a dragon, on the right, that of an (washi) eagle; to the northwest lies the second, Kuko or Maro; to the north lies the third; to the west, the fourth; to the southwest, the fifth.

The O ban goomi, or large guard of the Kubosama, consisting of twelve companies, may be likened to the twelve gods (the Yakushi riorai). The Sho eeng bang--the lesser guard of ten companies--are like the ten stars. The Dzeng koo or Sakitay (who lead the van in war) are thirty-three companies, like the thirty-three heavens. The Mochizutzu, musqueteers (who fire balls of five momays weight), are seven companies, like the Stchi wo or seven lights--the sun, moon and planets. The Sho ban gashira, numbering twenty-eight, are similar to the twenty-eight stars. The Ro shing--_i.e._ old servants (acting as the Gorogiu or cabinet)--are as the four heavens. Over them, and higher, is placed the Shiogoon. These are all so arranged to suit well-known and easily remembered arrangements in the Buddhist books of religion.

* There are many Fudai, but of this class the Mikawa, or old Fudai, are to rank the highest. Of these there are fourteen: 1, Tori yee; 2, Itakura; 3, Owokubo; 4, Todda; 5, Honda; 6, Ogassawara; 7, Akimoto; 8, Sakakibarra; 9, Sakkye; 10, Ishikawa; 11, Kooze; 12, Katto; 13, Abbe; 14, ----. Of these families, if able men can be found among them, the Gorogiu or cabinet is to be chosen. Tozamma Daimios, however able they may be, cannot have seats in the Gorogiu, or take any part in government.

* The families and names of all Daimios, large and small, who have acted with me in my wars, shall continue (_i.e._, shall not be removed from the peerage), however badly they conduct themselves, unless they turn rebels or traitors.

* In regard to the Koku shiu, Rio shiu, Jo shu (classes of Daimios--the first, lord of a province; the second, lord of a district; the third, lord of a castle), Tozamma and Fudai, if they break the laws and oppress the people, no matter how old the line or how large their territory, I will use my power and forces to brush them away from both territory and castle. This is the duty of the Shiogoon alone.

* Among officers the different ranks are to be observed, each according to his rank or his official income; but if they are equal in both, the eldest in years shall take precedence.

* The President of the Hio jo sho [a deliberative court in Yedo with judicial powers] must be selected as being a man of the clearest mind and best disposition; and once every month it shall be the duty of the Shiogoon to go to the meeting, without giving previous notice of the day, when he himself must decide on the questions brought before him.

* Each province is divided into kowori, sho, mura, and sato--districts, parishes, villages, and hamlets. In the mura and sato, should there be any family of old standing among the lower classes, even though the head of it may be very poor, he ought to be appointed officer; and if a rich man settles in the village, he is not to be made an officer. This is to be the law in all territories, whether of a Koku shiu, Rio shiu, Jo shu, or Ji towo (ground-head, _i.e._, landed proprietor, not eligible to office).

* All Daimios and Hattamotos not in office (_i.e._, not residing at Yedo), whether Tozamma or Fudai, are commanded not to be unjust toward me. My business is to guard the Emperor and his court and the whole empire of Japan, and I command you to assist me in repairing and keeping up all the imperial castles, roads, rivers, and guards.

* The repairing the Shiogoon’s residence, the keeping in repair public roads, keeping up ferries, etc., is Fushin; Daimios are sometimes called shokowo; when they are acting as guards, as in Kanagawa, they are “Katamme”; and in keeping up these guards, the whole expense is borne by the Daimios.

* Irayzumi, the marking a criminal with ink or gunpowder; Go ku mong, putting a decapitated head in a box for exposure; Haritske, spearing on a cross; Ushizaki, tying four oxen’s tails to a man’s limbs, and starting them off by fire to tear off the limbs; Kumma iri, boiling a criminal in hot water. These are old punishments for criminals. The officers are to try to discover who are worthy men, and they are to be rewarded with territory, titles, and rank. Criminals are to be punished by branding (or marking), or beating, or tying-up, and, in capital cases, by spearing or decapitation; but the old punishments of tearing to pieces and boiling to death are not to be used.

* When I was young I determined to fight and punish all my own and my ancestors’ enemies, and I did punish them; but afterward, by deep consideration, I found that the way of heaven was to help the people, and not to punish them. Let my successors follow out this policy, or they are not of my line. In this lies the strength of the nation.

* In regard to filling in new ground, if there are no objections, it may be done according to the laws in force in the time of Yoritomo; but if objections are made (by neighbors or others), it is not to be carried out.

* In case also of wishing to make new canals (hori), or lakes (Ikay), reservoirs of water, old precedents are to guide the officers.

* If there be a lawsuit as to a property or a road, if it is shown to have existed fifty years, the question cannot afterward be reopened.

* Among officers outside and inside there are at times unseemly brawls as to rank, but these are all to be settled now, and I settle them accordingly in the following order:

Tai ro sin, Orussuee, Tai ro jiu (now Gorojiu), Soshi, Osaka jio dai, Soonpu riobang, Waka doshi yori, Soba yo nin, Kokay, Sosha, Jeesha boonyo, Oku toshi yori (obsolete), Nishi maro russui, Owo metske, Kotai yori yaï, Hira toshi yori (obsolete), Kanjo boonyo, Matchi boonyo, Oku ko sho ngashira, Naka oku ko sho, Sho eeng ban gashira, O ban gashira, Shin ban gashira, Onando kashira, Ko nando kashira, Krii no ma tsu may bang, Gan no ma tsu may bang, Fuyo no ma yakunin, Tskyebang, Ki roku sho yakunin and Hio moku no mono, Ten shoo bang, Hozo bang, Hatta boonyo, Katana ban gashira, Motchi yumi ngashira, Motchi tsudzu gashira, Sakitay gashira, Yari boonyo, Kooshi boonyo, Ma ya betto, Funatay ngashira, Makanai gashira, Jusha, Eeshi, Fushing boonyo, Tan sz boonyo, Do bo ngashira, Zashiki bang, Hi no ban gashira, Katchi metske gashira, Kobito gashira, Iga no kashira, Kurokwa kashira, Tayshi gashira. And below this rank, all the captains or officers of companies will settle the ranks. When the official income is above 10,000 koku, the Roshing or Gorogiu shall settle, below this the Waka toshi yori. The highest of all is the So to rio, the Tai ro shin, or Go tai ro, or Sosai; _i.e._, the Regent.

* There are men who always say Yes (_i.e._, agree with me), and there are others who sometimes say No (_i.e._, express a different opinion from me). Now, the former I wish to put away from me, and the latter I wish to be near me. The elders of the Gorogiu are to examine and see that men do not do such business only as is agreeable to them, and avoid all that is the reverse. I wish to have about me all opinions of men, both those who differ from me and those who agree with me.

* If some man should say such a one deserves to be put to death, the officers must not act upon his wish alone; but if all the people say such a one should be put to death, the officers must examine into the case; and if all the people say such a one should be rewarded, I myself must examine, or the country will be lost.

* As to cormorant-fishing and hawking, some men used to say that these amusements were useless and expensive, and they were in consequence interdicted. But I do not prohibit them. They strengthen the body, and, with riding, archery, hunting, and shooting, are not to be forgotten or omitted in time of peace by the military classes in the empire.

* Singing, dancing, and music are not strictly military occupations, and soldiers ought not to devote themselves to these accomplishments; but at times the mind is oppressed, and the heart is heavy, and requires relaxation and mirth, and therefore these are not to be altogether prohibited.

* I am descended from the Emperor Saywa Ten wo,[5] but my family had lost all its property through the power of our enemies, and had sunk down to Matzdaira [a small village in Mikawa, from which the family of Iyeyas takes its name]; but through the kindness of the Emperor I have, relying upon documents and history, changed (or traced) the name of my family to Seratta, and Nitta, and Tokungawa, and in all time coming this last is to remain the name of the family.

* I have fought ninety battles, and narrowly escaped with my life eighteen times. Having so escaped, I therefore out of gratitude erected eighteen temples, and I wish my sons and descendants to adhere to the Iodo sect (of Buddhists).

* In Booffoo (the military office; _i.e._, Yedo) I built the temple of To yay san, and requested the Mikado to install as chief-priest a Sinwo--_i.e._, of the royal family of the first rank (he is now known as Oo yay no mia, and is the most illustrious personage in Yedo in point of birth and honors acceded to him: he lives in To yay zan, a residence formerly the property of Toda, Idzumi no kami)--to pray that the evil influences of the devil may be warded off, and that peace and prosperity may prevail over Japan. And also in order that if the Mikado should be induced to side with traitors or foreigners, and these concert with or gain possession of the person of the Mikado, then the Dai Shiogoon shall install the Oo yay no mia as Mikado, and punish the rebels.

* From ancient times there have been different sects of religion other than the Jashiu (Crooked sect; _i.e._, Christians). Now any one of the people can adhere to which he pleases (except the Christian); and there must be no wrangling among sects, to the disturbance of the peace of the empire.

* The families of Minna moto, Taira, Fusiwara, Tatchibanna, Soongawara, Oway, Ariwara, and Kiowara, are all direct descendants of Mikados. Out of these families the head of the military must be chosen. If there be among these families men of good character, but uneducated, cowardly, and ignorant of the way of holiness, such are not to be selected for this office. Therefore it is necessary that all the members of these families should be diligent in study.

* To insure the empire peace, the foundation must be laid in the ways of holiness and religion; and if men think they can be educated, and will not remember this, it is as if a man were to go to a forest to catch fish, or thought he could draw water out of fire. They must follow the ways of holiness.

* All men are liable to sickness. If doctors become rich they grow indolent, therefore it is improper that they should acquire territory or landed property, but they are to be paid by every one, high and low, according to the visits paid.

* Those who study the stars, and the higher orders of Sinto priests, formerly spread the idea that they were worthy of equal reverence with the gods. If in future they presume to do so, they are to be punished.

* In former times, when high-priests and ministers of the Buddhist religion committed crimes, and were liable to punishment, the people thought that to punish them was the same as punishing the gods. They are to think so no more, but the military officers are to punish such offenders without fear.

* Booffoo, Osaggi, Booggi, Itchiko Meeko, Nobooshi, Yamabooshi, Gozay [these are different kinds of impostors, fortune-tellers, diviners, fox magicians, mesmerizers, clairvoyants, etc.], Maykura, and vagabonds who go about without regular business and breaking the laws, raising quarrels, must all be punished.

* Let every gentleman with the right to wear a long sword remember that his sword is to be as his soul, and that he is not to part from it but with his life. If he forget his sword he must be punished.

* In the Nengo of Boon ro ku, 1592-96, the two officers Ogochi and Assano surveyed all Japan. They made a report, which was laid before the Emperor. A survey of the provinces, counties, districts and parishes was made, together with the forests, mountains, rivers, and a calculation was made of the value. If a man possess land yielding 1,000 koku, he is to provide five horsemen. If 10,000, 50 horsemen. If 50,000, 250 horsemen. If 100,000 koku, 1,000 horsemen. This is one “goon” or regiment. 3,000 horsemen make one battalion, over which is placed one general or Jo sho. Over 2,000 is placed a Lieutenant-general, or Chiu sho. Over 1,000 is placed a Kasho, or Major-general [all this is altered now]. But I have a regard for old customs and long service, therefore the house of Ee shall be over all the generals. Ee man chiu was my general, therefore I presented him with a gold Sai hae [a baton like a fan, used by high military officers]; and I made Honda “Kasho,” and gave him a paper Sai hae. The above arrangement all military officers are to make themselves acquainted with.

* If disputes arise as to the boundaries of the territories (Rioboong of Daimios or of Hattamoto), these are to be referred to an Owometske and the Kanjo boonyo, the head of the Treasury. But if the disputants refuse to abide by the decision, and fighting ensues, the ground in dispute shall be confiscated by the Shiogoon.

* Byshings (Ch., Peichin)--_i.e._, large retainers of Daimios--even if they have large landed possessions, and are equal in wealth to Daimios, are not on the same footing with Jiki shing (_i.e._, retainers of the Shiogoon), and are always inferior to the latter in rank, even though superior in wealth.

* In fights among the common people, even if two or three are killed on one side, both parties are to be looked upon as criminal, and to be punished, but not so severely as if a man out of forethought murders another, and does not act on the heat of the moment.

* If a man employs another to commit a murder, if a man poisons, and wishes to make profit or advantage to himself out of a murder, or if a thief murders to steal, such men must be discovered, even if the grass of all Japan is looked through.

* Of the four employments in Japan--the Samurai, two-sworded gentlemen; the Hyaksho, the farmer; Shokonini, artisan; and the Akindo, merchant--the Samurai is the first in rank. If one of the other three are rude in conduct to a Samurai, he himself can punish him. But among Samurai there are different ranks, some being Jiki shing, others Byshing, retainers of the Shiogoon and retainers of Daimios, and others servants of Byshings, who also are Kimi and Shing, master and servant. If among any of these an inferior is rude or impolite or insolent, then he is to be treated as if he were an Akindo; _i.e._, a merchant.

* That one man and one woman should live together is a great law of nature, therefore at the age of sixteen all men and women ought to be married. But no man is allowed to marry a woman of the same surname with himself, but examination must be made as to the parentage and line of descent of the betrothed, and thus the way of heaven will be adhered to.

* If a man have no son he may adopt one, but the father must be fifteen years of age before he adopts a son. If a Daimio or Hattamoto have no son or adopted son, the line becomes extinct. But if the last heir of a Daimio’s family be very delicate and sickly, he may, even if young, adopt a child to keep up the line of the house. This is the way of Confucius.

* (In old times the Mikado went round the provinces.) Hereafter an officer must go round all the provinces once every five or seven years, and make a report to the Shiogoon. (This is now obsolete.)

* As to the old Kokoshu, I will not interfere with their provinces; but in the case of recently made Kokoshu and Daimios, if they keep the same territory for a very long time, they become proud, and oppress the people, therefore in the case of these latter it is well to change them occasionally from one territory to another.

* Among Hyaksho, Shokonin, and Akindo--_i.e._, farmers, artisans, and merchants--if their wives secretly commit adultery, the law of nature is broken; and whether the husband report the matter to the officers or not is of no consequence, both parties must be punished; but if the husband is a proper spirited man, and puts the adulterer to death, he is not to be punished. But if he should wish to pardon both the wife and her paramour, it may be done. The judge is not to be hasty.

* If the same thing take place in the family of a Samurai, the judge must be very severe and strict in punishing.

* In Japan there is an old saying that the same heaven cannot cover a man and the enemy (murderer?) of his father or mother or master or elder brother. Now, if a man seek to put to death such an enemy, he must first inform the Kets dan sho [this is a department which takes cognizance of criminal matters] office at the Hio jo sho, and say in how many days or months he can carry out his intention. This is to be entered in the book of the office. If he kills this enemy without such previous intimation, he is to be considered as a murderer.

* If a servant kills his master, he is to be considered as the same as the Emperor’s enemy, and his relations are all likewise to be considered in the same light, and must be extirpated root and branch. If a servant has made the attempt, even if unsuccessful, the family is to be extirpated.--Kando is to take the name of a family out of the book of Japan.

* In regard to wives and concubines, the law and customs are the same as between master and servant. The Mikado is allowed twelve concubines. Daimios and Hattamotos are allowed to have eight. Tei fu--_i.e._, men with titles--and Sho daibu are allowed five. Officers and Samurai are allowed two concubines. This is to be found in the old holy books of the Rai ki rites and ceremonies (Lei, king of China). At times very foolish and bad men have made the way to the Rai ki dark, and have addicted themselves to numerous concubines, and so broken the laws of nature. In former times, whenever Daimios or officers have lost their territories and castles, it may in nearly all cases be traced to this cause. Hence the man is not upright who is much given to women.

[It is a common error with writers upon Japan to allege that the Japanese are indifferent to the respectability of their wives; and, indeed, that they rather prefer to take one from among the public courtesans; and, further, to convey the impression that nearly all the women of the country go through some such course before marriage. Such an idea is contrary to common sense as well as to propriety; and the common belief that the spirits take a warm interest and perform an important part in the marriage of every pair in Japan shows that the rite itself is looked upon as a very important institution, requiring Divine sanction and blessing, and not to be lightly entered upon for the gratification of temporary or transient feelings. On the other hand, intercourse between parties not married is looked upon as disreputable, or at least an attempt is made to convey such an impression to young persons. All such connections are called “damass koto,” _i.e._, a false, a sham affair; and it is said of such persons that the fox--_i.e._, the devil--has tied the yeng or knot. It is a common saying by youths, “I know that it is damass koto; but the fox always brings us together again, and I cannot cut the thread.” As their idea of the yeng is taken from the Chinese, it shows that polygamy is not, with that large portion of the human race, looked on with approval. In China the first wife is the only wife; the others who may be taken afterward are concubines. In these countries the position of a prostitute is different from what it is in Christian communities, as they are forced to the life, and educated to it from childhood; and the education and mixing with the world in conversation gives them often a cleverness and power of pleasing which are often wanting in the ladies brought up in the quiet and seclusion of a Chinese family. Besides, they go to the same churches and worship the same gods, going through their devotions as religiously as the rest of the community.]

* The relations of the husband are with external things, those of the wife with internal. The observance of this leads to the peace or smooth-working of the empire. If these relations are changed, folly ensues, the house is deranged, and it is as if a hen were to crow in the morning. All men are to take care to avoid the beginning of this evil.

* At Iwatski, and at Kawagoi in Musashi, and at Sakura and Seki yado and Koga in Simosa, and at Takasaki and Oossuee in Kowotsuki, and at Ootsu no mia in Shimo tsuki, and at Odawara in Segami, nine places are to be castles, which are as the guards or outposts of Yedo. The Daimios in possession of these castles are to act in unison with Yedo as a center.

* At the castles of Soonpu and Kunowo there must be placed able commanders, as these places are the keys of Yedo; to Osaka in Setsu and Fushimi in Yamashiro, officers of the fourth rank must be sent, and an able Fudai Daimio, besides twelve captains. If war begins, Osaka and Fusimi are the keys of the country.

* To the Nijio castle of the Kubosama at Miako one of the principal Fudai must be sent, who must be a general, because he is the head of the executive at Miako, and has the direction of the San jiu san koku; _i.e._, the thirty-three provinces west of Miako.

* In the provinces round Yedo there are sixteen gates where travelers are examined. At each of these gates a Fudai must be stationed, to see that the laws are observed, and that not a spear the size of a needle passes toward Yedo, but pack-horses and carriages may pass.

* The office of Kiusiu Tandai (the Viceroy of the island of Kiusiu) was formerly held by the Owotomo family. Since this family has been destroyed, the office has been in abeyance. I now command Shim adzu and Nabeshima (Satsuma and Fizen) each to act as Viceroy in alternate years, and will not permit any other to fill the office.

* Within the castle of Yedo are twenty-eight places or gates (Bansho or Mitskay), with guards; without there are twenty-eight. Those within the castle are to be kept by Fudai, those outside by Tozamma.

* In regard to San kin [those who are officially on duty in Yedo] officers, care must be taken to note such as are diligent and such as are indolent, and they are to be rewarded or punished accordingly. Those who are rich are to be put into situations entailing expense, and those who are poor into the less expensive.

* All the Daimios on duty in Yedo are not to be employed simultaneously, as some may be suddenly required for extraordinary service.

* Foreign ships are allowed to come to Nagasaki. Old and trustworthy officers are to be sent there. The kimbang or guards are to be four captains, whose official income shall be more than 3,000 kokus each. There are to be both foot and horse soldiers. As the expenses are great there, the Yakunins or officers must receive yaku rio; _i.e._, additional money according to their business.

* As by convulsions of nature, such as earthquakes, the courses of rivers are changed, lakes are made or dried up, and mountains overthrown, the expense of repairing these ravages and paying the laborers is to be borne by all Daimios in proportion to their revenues.

* In all the empire the main roads are to be six keng wide (or about sixty feet[6]). Cross-roads are to be three mats wide or eighteen feet; Yoko mitchi, or bridle-paths, two mats; Katchi mitchi, walking paths, one mat or six feet; Sakuba mitchi or tchika mitchi, less than three feet. On either side of a ferry landing, ground is to be left to the width of sixty mats, or 360 feet, so that when many persons may collect care may be taken. This is the custom as to ferries ever since the time of my ancestor, Nitta, Oee no skay, Yoshi shige, Nioo do, called “Josay dono.”

* All the revenues arising from rates levied at ferries, lakes, hills, etc., are not to be used by the military department, but are reserved for the Mikado’s treasury.

* It is not allowed to any one to build a house in the middle of wheat or rice fields, as the shadow of the house and trees spoils the surrounding ground, and renders it unproductive. If any dare so to build, all the building is to be swept away, and he is to be confined for 100 days.

* For the settlement of what is old plantation and what is new, it is decided that Furui yama, or old trees, are those which at the level of the eye are three feet or more in circumference. Atarashi yama, or new plantations, are trees which are less than three feet at the level of the eye.--At one time this was a source of great trouble in Japan.

* If a large tree overshadows a neighbor’s house or drying-floor, so that rice, grain or wheat cannot be exposed to the sun, when necessary the branches may be cut off.

* Every year the Kanjo sho is to send in a report of bad bridges, roads, etc., in need of repair.

* In the good old-fashioned times the relations of master and servant were like those of water and fish, but now, in these times, people are apt to become proud and to dislike their work, but every one is to do faithfully the work assigned to him, and not to throw his work or duties on another. This is very important to be remembered, and is not difficult to be learned. The result is like water flowing down encircling the country, at which all the people rejoice.

* Honcho, or Japan, is the (Shin koku) country of spirits. Therefore we have among us the Jiu (Confucianism), Shaku (Buddhist), Sen (Ch., Tseen), Do (Taouist), and other sects. If we leave our gods (Shin), it is like refusing the wages of our master and taking them from another. Therefore a watch is to be kept as to this. But as to Itchiko (divination) and Buddhistic practices, the workers are not to be driven away, but the people are not to follow them.

* In regard to dancing-women, prostitutes, brothels, night work, and all other improper employments, all these are like caterpillars or locusts in the country. Good men and writers in all times have written against them. But as it is a law of nature that man should desire the society of woman, it is enacted that these people and places shall not be tolerated; but as it would, if the laws were rigidly carried out, be a perpetual punishing and nothing else, they are not to be administered severely, but out of a regard for the uneducated and the nature of mankind these offenses are to be lightly passed over.

* It has been the wont of my ancestors ever to follow out the thread of the customs of (Yoritomo) Kamakura dono, and no other customs are to be observed. But the heart and goodness of Hige mori (Komatzu dono, eldest son of Kio mori) is never to be forgotten.--This refers to the steady opposition made by him to the “mauvais desseins” of his father, Kio mori, against the family of Yoritomo in 1170-80 A.D. He is called in the “Annales des Empereurs” “homme habile, vertueux, et juste.” He was extremely distressed at hearing of the treachery of his father in inviting the regent to a conference, and then ordering him to be cut to pieces. After his death, Kio mori, seeing no one to oppose him, regardless of everything, acted according to his own pleasure.

* When a master dies, his servants think it their duty to commit suicide. This is an old custom, but it is quite unreasonable, and nothing can justify a man in so acting. Sometimes, instead of committing suicide, there is a custom of putting into the grave figures representing servants. This is more unreasonable than the other. Such persons are not upright, and those who in future do these things must be severely punished.

* If war arise, the (Taisho) commander-in-chief has no other business but to mold men to his use. The master of men must know what each is useful for. Men are like instruments--one cannot do the work of a chisel with a hammer; one cannot make a small hole with a saw, but a gimlet must be used. The principle is the same as to men. Men with brains are to be used for work requiring brains; men of strong frame for work requiring strength; men of strong heart for work requiring courage. Weak men are to be put into poor places. Every man in his proper place. There are places for weak men and places for fools. All this must be regulated by the head and brains of the Taisho. Soldiers are to be chosen on these principles, so that with a thousand men in one body, the whole may act together, and the empire have peace. This is always to be kept in memory.

* If one man rises to be full of, or puffed up with, military power (Boo i ippai), he will try to make himself equal with or superior to the highest, the Mikado. This is a very serious error; there is always a tendency to it. But when it happens, it is natural that he should become proud, and not respect the Mikado. The land of spirits--_i.e._, Japan--will be lost. The judgment of Heaven will assuredly fall upon him.--This is intended for his successors, the Shiogoons, who might be puffed up with their position.

* The Sinwo kay and Mia gata--_i.e._, the families of those of the royal blood--are the supporters of the Mikado. All the high ranks of the Mikado’s court, the Koongyo and the Koongays, are not to alter the old laws of the empire, but are to pay the highest respect to the Mikado, and are not to be rude or insolent.

* As to the Hinrei Skiaku [the descendants of old Shiogoons, such as Ashikanga, Hojio and others, to whom rank and territory have been assigned], their history and pedigree are to be inscribed in a book. What their customs may be is of no consequence to me, but if they interfere with the laws or the government established by me, or even if they become very proud and oppress the people, I will punish them.

* As to Nagoya, Wakayama and Mito [known now as Owarri, Kii and Mito, the San kay, or “three families,” sons of Iyeyas], and the fifteen Kammong, the heir must always be the eldest son, and the territory of each cannot be divided among two or three sons.

* Daimios with incomes of 100,000 koku, and the Roshin or Gorojiu, and officers upon outside business, and all captains of the guards, are to be of the same rank as Kokushu.

* In regard to Fudai and Tozamma, and wealthy retainers of Daimios (Byshings and Karo), in going from and returning to Yedo they must observe the laws of the road, and they are not to make their trains very splendid or very poor--_i.e._, a man of large income is not to go with a very splendid train, neither is a man with small income to go with a very meager retinue; and they are not, as if they were puffed up, and to show their military power, to give trouble to the hotels, or oppress the coolies and porters on the road. This is to be notified to Daimios each time they come to Yedo.

* As to ships, the sea, rivers, roads, porters, horses, the rates are now all settled for greater or shorter distances, and also as to weights to be carried; but all government carriage is to be done with the greatest expedition, regardless of expense.

* All San kin (those Daimios officially resident in Yedo) are to make a present (or rather pay a tax) to the Gorogiu, and to the under officers of state. Those whose incomes exceed 10,000 koku are to give gold, or kin badai--_i.e._, gold instead of a horse; if below 10,000 koku, they give silver (gin badai) to each of the high officers. Wealthy Daimios, with large official incomes, are to give much, those with small incomes are to give little. This money the Gorogiu is to appropriate to the expenses of the office.

* Among the servants of the Shiogoon are those who have much ability and influence, and those who have little of either; they are to act together, and mutually to assist one another. By this means the government will work smoothly. Men must be divided according to their abilities and dispositions, but they must be rewarded or punished according to their actions.

* When I built the Danring (eighteen temples) before mentioned, I put, _or_ I made them, San mong (hill-doors). [The San mong temple of Hiyay san near Miako is a copy of the Tien Tai shan of China.] The Ten dai no zass (head of the Buddhists) asked me why I had built these San mong or hill-doors, saying that he was the same as the center of heaven, and had his seat upon the three stars (San tai say, three sets of stars). I returned no answer. Now it is my wish that long life may be given to the Mikado (10,000 years); therefore in the sixty-six provinces I built seventy-three. I have written in a book the names and numbers of these temples, and have sent this to the temple of Ten dai san (in Miako), therefore be it known that no other San mong temple is to be built.--This San mong must allude to some kind of Buddhist temples of that name.

* All oo rin kay (military) officers and others under the Shiogoon have since the time of Kamakura dono (Yoritomo) received a commission from the Mikado. All these are under the commands of the Shiogoon. The business is the same as that of the Jin nee kang, office of the gods in old time. Therefore, when a death occurs in my palace, or among those who come to my residence (_i.e._, Yedo), the customs of the Jin nee kang are to be observed.--The custom is to consider, when a death takes place in a house, all connected with it as temporarily unclean. In the Emperor’s family women at certain times move to another house; when a child is born, the father and mother are considered unclean for a time, and cannot go to office or to a temple; when a death takes place, persons entering a house either do not take off their shoes, or put on others for the purpose, and there should be neither smoking, eating, nor drinking in the house for three days.

* If a man neglects his duties and gives himself up to gambling and drinking, and thinks that because he is of rank he may do so, and so seduce others beneath him to the same practices; if such a one has not been taught that such conduct is wrong by his teacher, it shall be considered the teacher’s crime; but if he has been taught, he himself shall be considered the offender, and dealt with accordingly; but in these offenses there are great differences in degree, and some are to be punished severely, others lightly.

* Men are prone to become indolent and lazy at work, and in consequence become thieves, breaking the laws and occasioning trouble; all these must be severely punished by death; and if any one sets houses on fire, forges seals or signatures, poisons, coins false money--such shall be either burned alive or be speared on a cross.

* A government can easily gather information as to what men do in their business, but as to what they think in their hearts it is more difficult. Kamakura dono, in reference to this, followed the customs of the Tong dynasty of China, and had recourse to informers, offering rewards to such as should give information as to evil-disposed persons.

* In regard to the Go koku, or five grains--_i.e._, grain of every kind--if these are not abundant, the way of the government of the Emperor is obscure. If crime abounds, the Shiogoon shows himself destitute of executive energy. He himself must be active and diligent in his own duties.

* The higher men (? nobility) make the laws, and the lower classes follow and obey; but it is sometimes difficult to act up to the rules laid down, therefore men of rank are not to order one thing and do another themselves, but are to take care that they carry out what they profess, and observe the laws which they lay down.

* In regard to Kokushu (territorial princes, or lords of a province) and Jo shiu (larger Daimios), if they act in such a way as if not to amount to crime, still may be deserving of censure, they cannot be punished personally, but they are to be ordered to carry out some expensive undertaking for the benefit of the country.--Such as making a fort; that at Kanagawa was thus made by Oki no kami.

* Upon the death of the Kinri (the Emperor), or Sento (retired Emperor), or the Emperor’s wife or near relative, all music and shows of pleasure are to cease for a time. If one of the San ko (either the Oo- or Sa- or Nai-daijin) dies, or the Dai shiogoon, notice shall be given of how many days this cessation shall be.--Mourning for the Emperor lasts for thirteen months.

* When a new Emperor ascends the throne, the expenses are all to be undertaken by me, the Shiogoon, and in these I must be liberal.

* If any representative of a foreign nation comes to the country, the officers must take care that everything is in good order--that horses and horse-furniture be good, the houses and roads clean. If they are dirty, it can be seen at a glance whether the nation is prosperous or the reverse.

* If a foreign vessel should be wrecked on the shore of Japan, the officers of government are to be immediately informed, and an interpreter is to be sent to ask what they require. Sometimes the officers may require to be strict and severe, at other times hospitable and kind. The vessel is to be watched, and no trading allowed.

* It is said that the Mikado, looking down on his people, loves them as a mother does her children. The same may be said of me and of my government. This benevolence of mind is called Jin. This Jin may be said to consist of five parts; these are humanity, integrity, courtesy, wisdom and truth. Therefore I have divided the government into Tozamma, Fudai, Shing and Sso. This mode of government is according to the way of heaven. This I have done to show that I am impartial, and am not assisting my own relations and friends only. Between the Shing and Sso it is improper that there should be any communications, and therefore they are not to be in correspondence with each other.

* If punishments and rewards are distributed unjustly, upright men will disappear. The people will become timid and niggardly. Therefore it is of the utmost importance that there be not the smallest act of injustice committed by government officers.

These laws have not been made recently by me, but have existed from generation to generation in the Minnamoto family. What I have written is like a reflection in a mirror. The arrow, if it does not pierce the bull’s-eye, will perhaps strike the target.

Old customs must, when found good on examination, be retained.

* * * * *

The principles and sentiments, and at times the very words of these laws, seem to be taken from the writings of the old sages of China, Confucius and Mencius. Confucius, in the Chung yung, seems to have been the model after which the code was drawn up. It is founded upon the five duties of universal obligation--that of a sovereign and minister, of a father and son, of husband and wife, of elder and younger brothers, and between friends; and upon the principle that the administration of government lies in getting proper men, and that such are to be obtained by means of the ruler’s own character.

The idea of turning to look inward and examine one’s self is prominent in the writings of Mencius.

Mencius said people have this common saying--“The empire, the state, the family. The root of the empire is the state--the root of the state is in the family--the root of the family is in the person of its head.” And Iyeyas seems to have recognized these principles as the foundation of his rule, believing that when too much weight is given to the state, despotism ensues; when the family preponderates, oligarchy of an aristocracy prevails; and where the interests of the individual man become paramount, democracy rears its head.

Those who framed the code were in all probability acquainted with the writings of the Chinese sages and their commentators, and perhaps they refer, in the allusions to Kamakura dono or Yoritomo, to some laws laid down by him or his officers, who had more opportunity of studying the Chinese writings than could fall to the lot of men who had been brought up in the troublous times when Iyeyas was a youth.

The consideration of such laws laid down by Iyeyas, and which are more or less still in force, leads to a comparison with the condition of Europe during the time when feudal institutions were in force, the genius of these laws being in many respects the counterpart of that which was in force in Europe in feudal times. The constitution of all warlike nations in early times has tended to this condition. The discoveries of gunpowder and printing have been the great means of breaking down this system; and in our day steam is rapidly breaking up what these had left.

The man to whom had been given the most capacity for dealing with men and for conducting war, was selected to take the command of those who saw these qualities in him, and confided in his ability to prosecute any undertaking to a successful termination. Of necessity such a man must be a soldier. He must have the capacity to govern as well as to fight; to make laws as well as to lead in battle; to conciliate men as well as to control them. He divides the spoils among his followers, allowing to each a proportion according to his merit.

A larger portion was retained by the chief, because, independently of being able to appropriate it, he was to rule over all, and to incur expenses on behalf of all in the general control of the acquired territory.

This chief generally retained in his own hand certain privileges, such as a more or less controlling voice in the legislature, power of life and death, and of making peace or war and treaties of commerce, coinage of money, right of property in mines of gold and silver, and other rights. He had the power of conferring some of these on the barons holding land from him and under him as superior. By subdivision a feudal kingdom was cut up into many small but semi-independent baronies. The execution of legal decisions became difficult, offenders escaping to other jurisdictions.

Through the greater expenses falling upon the king, his power often waned, while that of the barons waxed greater; and to render their independence perpetual, and at the same time to assure a support to the chief, the system of entail was fallen upon.

The barons were ever and again adding to their property and power by marriages, by successions, by purchase, or by force and might. Honors and even offices became hereditary.

So long as weapons of war were in each man’s possession, and every one was in proportion to his personal strength and activity a soldier, no great expense fell upon the chief. His followers could be summoned at an hour’s notice.

But when the introduction of gunpowder rendered personal strength and activity of comparatively small value, it increased the expense falling upon the leader. Trained skill required time, and education was necessary. Large guns, requiring expensive ammunition, called for a more expensive system of fortification. The lesser barons could not undertake these. The expenses of war fell entirely upon the king. Trained soldiers required a standing army. When there is any coast to defend, a navy is required.

In the practical working of the system of Iyeyas, there was the difference between Japan and European countries, that, until the use of steam, she had no neighbors to dread as foes or to covet as vassals. There was always an attempt to compensate for the want of this external pressure in the duality or separation of interests between the Mikado, the fountain of honors, and the executive, by whatever name the head officer might be called, whether Kwanrei or Shiogoon.

Security was sought for by the laws of Iyeyas, not against external foes, but against the decadence of the dynasty from internal weakness, or from the power of those who ought to be supporters becoming overwhelming. There was in Japan no call for great expenses, either in keeping up fortifications, armaments, or a standing army or navy. No embassadors were dispatched to foreign courts, to consume the revenues of the empire. Against the tendency to the aggrandizement of the barons, and their increase in wealth and power by marriage and other means, Iyeyas fixed the amount of territory which each lord was to possess. Land which produced of rice annually a certain quantity was allotted to each baron, according to his rank or rights. But one great difference between this system and that of entails in Europe lay in this, that the estate granted to each baron could not be added to or diminished, either by marriage or by purchase or by might, except by express permission and grant from the Shiogoon, the superior of all. This law tended to prevent the enormous accumulation of land in a few hands. This land they might lease or grant to their retainers, some of whom were very wealthy; but so long as such a one was a retainer of a Daimio, whatever his wealth might be, there was little chance of his rising to honors in the state.

The barons in Japan are bound to bring a certain number of men to assist the lord superior in war. Each of these followers is paid by the baron by so much land producing a certain quantity of rice.

Succession to these lands is hereditary, but not strictly to the eldest son, while the custom so common over the East of adoption is allowed, and all the rights of a son are conferred upon the adopted one. Many of the present Daimios are adopted children--frequently no relative whatever of the person who so adopts. But while Iyeyas declared that these fiefs should be hereditary, he at the same time laid it down as a principle that it was good that these lesser lords should not remain too long in one place, but that, when occasion seemed to require it, it was well to change them from one barony to another. He would no doubt have gladly laid down a similar principle as to the Kokushu, or lords of provinces, but their power and influence were too great to be lightly interfered with. This power has been frequently put forth down to the present time. A Daimio with an income of 10,000 koku is ordered to remove to the territory of another with the same revenue; or perhaps, if there be some cause for reproof, a Daimio will be transferred to a territory in the far north, such as Tanagura, and the baron then living there, who may be the son of one who had been similarly deported, is removed to the better locality.

Iyeyas provided for the payment of stated presents on arrival at Yedo. At other times gifts are made to the Shiogoon; and, as under the feudal system, presents are to be offered on other occasions, such as marriage or becoming of age.

The civil authority of the Shiogoon was liable to much limitation, and this Iyeyas seems to have expected. At first an officer was deputed by the Shiogoon to reside in the territories of the greater barons, and to report to Yedo when he saw anything taking place worthy of animadversion. But this has been done away with, and the Kokushu are virtually in full possession of power, each in his own provincial territory.

Under the laws above recited the men of the country are divided into four classes--the gentry, agriculturists, artisans, and merchants. The gentry are separated from the other classes by the distinctive badge of wearing a long sword, which they are warned never to forget. By this sword the class is distinguished over the whole empire. But the class is again subdivided by the respective badges, shields or coats-of-arms of the chiefs worn prominently on some part of the dress--generally on the back and on each breast.

The right of wearing two swords brings with it privileges which may be looked upon as means of paying the class--somewhat as purveyance under the feudal laws of England conveyed privileges, which were gained generally at the expense of the agricultural class along the highroads. Under these laws all two-sworded men are allowed to demand carriage for themselves and goods along the highway at a much lower rate than others, and this naturally ends in paying nothing. Their goods are permitted to enter towns free of customs, or at much-reduced rates. Such privileges become in time very irksome to the class which has to pay for them.

While a Daimio is not permitted to add to his territories by purchase or marriage, these may be increased at the will and by the favor of the Shiogoon, or they may be diminished by his fiat. While, if any officer has been thought deserving of a little punishment, he may be desired to build a fort or a bridge, or make a road, or do something which shall benefit the country, and at the same time act as a pecuniary fine upon the person upon whom the honor is conferred.--The fort at Kanagawa was built in this way.

One of the strongest measures of control used by the Shiogoon toward the barons is put forward when they have been known to be intriguing against their superiors. This is sometimes carried out without trial or previous step of any kind, and consists in the intimation to the lord that he is to divest himself of the insignia of rank, hand over the power which he holds as a Daimio to some other individual (generally a near relative and a minor), and confine himself to one room until further orders. Such an intimation would probably not be given unless the government were sure of its ground. But the power consists in the position in which his own retainers stand toward their lord. If he, upon receiving such a notice, obeys it at once, no other changes take place; the individual is simply removed out of the way, and the offices are transferred to his successor. The wealthy and powerful vassals remain, with their property, unaffected by the step. But should he presume to offer resistance, and rise in rebellion, all the retainers suffer with him. They will all be, in case of the failure of the rebellion, deprived of their territories, which will be taken from them and given to others. It is therefore the interest of all those about a Daimio that he should obey a sentence which they all have an idea he more or less deserved. All those about him, therefore, insist upon his abdication; and he, feeling himself alone and forsaken, is obliged quietly to yield, and thus trouble to the whole province is averted. But in the case where the retainers believe that the cause of their master is a right one, and that he has the power as well as the ability to defend himself, they will rally round him, and defy even the highest government. This took place in the case of Choshiu against the Shiogoon; while the cases of Satsuma, Owarri, and others, who were deposed by the regent in 1858, show how the power is at times exercised.

As a further means of warding off intrigue and plotting among these powerful and wealthy barons, the plan was adopted by which all were brought to the court of the Shiogoon, as inferiors or vassals, to pay homage. The custom among these vassals of paying their respects once a year had been long in use in an unsettled and desultory way at Miako, but henceforth Iyeyas insisted upon each Daimio visiting his capital of Yedo at certain periods, fixed in proportion to the distance of his territory. And he further insisted that his court should be looked upon as the natural residence of these lords, by their having their wives and families always resident in Yedo. And it was this law which rendered such stringent measures to be taken at Hakonay and other gates to prevent the passage outward of females. By this constant moving of the Daimios to and fro between Yedo and the provinces, money was circulated; large sums were spent in Yedo on the establishments they kept up there, and large sums were spent on the way and at the residence of each in his own province.

Iyeyas seems further to have been jealous of any intercourse being carried on between these Daimios one with another, and in these laws measures are taken to prevent this as much as possible. The different classes of Daimios met in different rooms in his castle, and one of one class is not allowed to go into the meeting-room of another.

All these compulsory measures of vassalage in Yedo have tended to keep up in the Daimios a feeling of inferiority to the family in power, and are liable, when the influence of this family wanes, to become very irksome.

The general features of the country help with these aids to keep the power in the hands of one man or family. The number of islands, and the length and narrowness of the island of Nippon, divided as it is by a mountainous ridge, prevent intercommunication being kept up or leagues being formed between contiguous proprietors.

It is the duty of one set of officers at the court of Yedo to inform each Daimio when he is to come to the capital, and it is probably their care to see that the owners of contiguous properties shall not be at the same time at their respective country-seats.

Many of these customs had been in use in the empire during the rule of those who had preceded Iyeyas; but he seems to have gathered what he thought good, and strengthened what seemed weak, so as to provide a firm basis on which to place his dynasty, and inclose it with safeguards that should resist attacks from the restless and warlike men upon whose shoulders his seat had been raised.

With the wish natural to a great administrator, Iyeyas settled all the offices about his court for the good government of the empire. These are mentioned above; but as these offices require a more minute mention, they are given more in detail below. These rules run over a large ground in their dealings with or allusions to all ranks and relations.

Except in the cases of high treason or open rebellion, the families of the feudal barons were not to be attainted. Primogeniture and male succession were encouraged as much as possible, and adoption of heirs sanctioned even during early youth, and sons so adopted can be returned.

The higher Daimios were not allowed to take office or to have any part in the government, except by giving their opinion when asked.

The Board or Parliament, where all officers on duty in Yedo met for discussion and consultation on general business (the Hio josho), was settled.

The punishment of crimes was modified, and the old cruel modes of death done away with. Clemency toward enemies was urged as the proper method of gaining them over.

Recreations for all men were allowed and approved of as useful both to body and spirit.

Reverence toward the Emperor was inculcated by the example of the Shiogoon, and by advice to the high officers about the court.

The high-priest at Yedo was to be appointed from a near relative of the Emperor, in order that, if there should be a party siding with the Emperor, the Shiogoon might have a rival of the family in his own hands and interest.

The exemption from civil and criminal jurisdiction claimed by the priesthood, and in which they were strongly backed up by the Roman Catholic priests, was abolished. A tendency to the idea that the priesthood, and priests as individuals, were hedged in by a divinity, which gave them a license for the committal and an immunity from the punishment of crimes, was pointed out as an evil to be guarded against.

Gentlemen having the right to wear two swords were to consider such an honorable responsibility.

The empire was surveyed and good maps were made of every district.

The power of judging of what was insolence from an inferior to a superior, and the power of punishing it, were given, in a rather unguarded way, to individuals.

Marriage was encouraged, and placed upon the footing of its being the way of heaven that one man should have one wife.

The reverence to be shown toward father, mother, elder brothers, and teachers is put forth upon the old Chinese views, and the relations of master and servant are in like manner treated of.

The military position of the country, the passes through the hills, and dangers, are all alluded to. The strategical positions about Yedo are noticed.

Roads come under regulation, and the building of farm-houses.

The government is considered as bound to do its best to provide cheap food for the people. Mourning for the Emperor, religious sects, foreigners, prostitution, suicide--all come in for recognition in the Bookay Hiak Kadjo.