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Still more imperative is it that
the planning of structural innovations of any kind must be absolutely
avoided.

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

This provision was important as a means of enfeebling the barons.
They were not at liberty to repair even a fence of the most
insignificant character or to dredge a moat, much more to erect a
parapet, without previous sanction from the Bakufu.

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

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

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

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

"Now, the marriage union is a result of the harmonious blending of the
In and Yo (i.e. the Yin and Yang of Chinese metaphysics, the female
and male principles of nature). It is therefore not a matter to be
lightly undertaken. It is said in the 'Scowling' passage of the
(Chow) Book of Changes, 'Not being enemies they unite in marriage.'
Whilst (the elders are) thinking of making advances to the opponent
(family), the proper time (for the marriage of the young couple) is
allowed to slip by. In the 'Peach Young' poem of the Book of Odes it
is said, 'If the man and woman, duly observing what is correct, marry
at the proper time of life, there will be no widows in the land.' To
form cliques (political parties) by means of matrimonial connexions
is a source of pernicious stratagems."

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

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

"In the Shoku Nihongi (The Continuation of the Chronicles of Japan) it
is recorded amongst the enactments,

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

"Hence it is not permissible to lead about a large force of soldiers.
For daimyo whose revenues range from 1,000,000 koko down to 200,000
koku, the number of twenty horsemen is not to be exceeded. For those
whose revenues are 100,000 koku and under, the number is to be in the
same proportion.

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

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

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

"The distinction between lord and vassal, between superior and
inferior, must be clearly marked by the apparel. Retainers
may not, except in rare cases by special favour of their lords,
indiscriminately wear silk stuffs, such as shiro-aya (undyed silk
with woven patterns), shiro-kosode (white wadded silk coats),
murasaki-awase (purple silk coats, lined), murasaki-ura (silk coats
lined with purple); nori (white gloss silk), mumon (silk coat without
the wearer's badge dyed on it), kosode (a coloured silk-wadded coat).
In recent times, retainers and henchmen (soldiers) have taken to
wearing rich damasks and silk brocade. This elaborate display was not
allowed by the ancient laws and it must be severely kept within
bounds."

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

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

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

"(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 Constitution.
They were re-enacted by each shogun in succession on assuming 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 investiture 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 NOBLES

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 Nobles"
(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 Japanese 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 classics.

"(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.



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