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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 Japan 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 constituted a powerful buttress 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
principal Buddhist temples. Ieyasu secured to these temples the
possession of their manors by granting title-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 documents 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 JAPANESE HISTORIAN'S OPINION

Referring to the above laws the Tokugawa Jidaishi says:

"The above laws and regulations were the Constitution 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
Japan. Any unit of the nation, whether a Court noble, 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 assist in
constructing a solid framework of peace. The territorial nobles 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
classics 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 Japanese pronunciation 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 vassals were required to study there, their proficiency,
as determined by its examinations, being counted a passport 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 classics 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
classics. 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 noblemen'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 Gods 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.