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It is recorded, though not
on independent authority, that when his end was drawing near he spoke
to those at his side in the folio whig terms: "My death is now in
sight, but happily the country is at peace, and Hidetada has already
discharged the duties of shogun for several years. I have, therefore,
no cause for anxiety. If, after I am gone, Hidetada should make any
failure in his administration of public affairs, or if he should lose
control of the people, any one of you to whom the Imperial order may
be addressed, should assume the functions of shogun, for, as you well
know, that post is not the property of this or that person in
particular, nor will my rest in the grave be disturbed though such an
event occurs."

Another record, however, represents Ieyasu as following the example
of the Taiko and conjuring his most trusted retainers to devote their
strength to the support of the Tokugawa family. To Hidetada he is
said to have suggested the advisability of compelling the daimyo to
remain in Yedo for three full years after his (Ieyasu's) demise, in
order to test thoroughly their attitude. Hidetada replied that while
most unwilling to reject his father's advice, his intention was to
allow the feudatories to leave Yedo at once, and if any one of them
evinced hostile feeling by shutting himself up in his castle, he,
Hidetada, would follow him thither and level his parapets with the
ground. Such an object lesson was, in his opinion, the best
stepping-stone to supremacy. Ieyasu is reported to have received this
answer with profound satisfaction, and to have declared that he was
now assured of the permanence of peace. He then had all his sons
called to his side and enjoined upon them the duty of serving the
shogun faithfully. To his grandson, Iemitsu, he specially addressed
himself, saying: "It will fall to your lot, some day, to govern the
country. On that day remember that benevolence should be the first
principle of a ruler."

CHARACTER OF IEYASU

Frugality is one of the virtues which Ieyasu certainly possessed.
Striking example of its display is connected with Yedo Castle. This
fortress, as built originally by Ota Dokwan, was not of imposing
dimensions even as a military stronghold, and the dwelling-house in
the keep presented most homely features, having a thatched roof and a
porch of rough boat-planks. Yet Ieyasu was content to make this
edifice his palace, and while he devoted much care to strengthening
the fortifications, he bestowed none on the enlargement and adornment
of the dwelling. The system he adopted to populate the city may be
said to have been colonial. He encouraged his vassals to settle
there, giving them lands to cultivate and breeding-grounds for
horses, so that within a brief time the city obtained numerous
inhabitants and developed a prosperous condition. It was in planning
the details of all enterprises that he particularly excelled. To
everything he brought an almost infinite capacity of patient study
and minute examination; his principle being that to achieve success
the first desideratum is to avoid mistakes. Doubtless he owed this
faculty of profound painstaking to the vicissitudes of his early
life. The years that he passed under the control of the Imagawa and
afterwards under that of Oda taught him patience and self-restraint,
and made the study of literature obligatory for him, at the same time
begetting in his mind a feeling of reverence for the Buddhist faith.

Japanese historians generally credit him with the virtues of
humanity, magnanimity, justice, and affability. That he was always
pleased to receive advice from others and that he set an example of
courtesy and zeal, there can be no doubt. Neither will anyone deny
that his resourcefulness amounted to genius. On the other hand, his
record shows that he was unscrupulous in utilizing opportunities,
whether created by himself or made accessible by fortune, and from
the same record we are compelled to infer that he could be cruel and
implacable on occasion. His favourite sayings afford perhaps the best
index that we possess to his disposition:--

Man's life is like a long journey toiling under a heavy burden.

Never be in a hurry.

He that regards destitution as his habitual lot will never feel
the pressure of want.

When the spirit of ambition arises in your bosom, recall the
days of your distress.

To forbear is the source of harmlessness and the road to
success.

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 JAPAN



CHAPTER XXXIX

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 nobles (kugeshu-hatto),
to which the Imperial assent was obtained. This was the first
instance of a military man legislating for the nobles of the capital;
but it must be noted that the latter by their own misconduct
furnished an opportunity for such interference. A Court scandal
assumed 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
principal malefactor, Inokuma, 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 entitled
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 Japan" 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 amusements 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 vassals 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 Japan 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.



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