Post by Otagiri Tatsuzou on Nov 22, 2004 17:46:00 GMT -5
[BUKE SHOHATTO 1615]
THE LAWS FOR THE MILITARY HOUSES
("BUKE," I. E. THE DAIMYOS)
[PROMULGATED BY HIDETADA, 2ND SHOGUN, 1615.]
1. - Literature, arms, archery and horsemanship are, systematically, to be the favourite pursuits.
Literature first, and arms next to it, 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 disturbances may arise. Dare we omit to practise our warlike exercises and drill ?
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.
3. - Offenders against the law are not to be harboured in the (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 the law. To disregard the law (laid down by us) is an offence which will not be treated with leniency.
4. - Throughout the domains whether of the greater or lesser Barons (Daimyo and Shomyo) or of the holders of minor benefices, 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 (cultivating common) people. How can such be tolerated ?
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 to people of another domain, or to report the secrets of another domain to people of one's own domain is a sure indication of an intent to curry favour.
6. - The residential castles in the domains may be repaired; but the matter must invariably be reported. Still more imperative is it that the planning of structural innovations of any kind must be absolutely avoided.
A castle with a parapet exceeding 100 chi is a bane to a domain. Crenelated walls and deep moats (of castles) are the causes of anarchy.
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.
8. - Marriages must not be contracted at private convenience.
Now, the marriage union is a result of the harmonious blending of the In and You (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 (i. e. political parties) by means of matrimonial connections is a source of pernicious stratagems.
9. - As to the rule that the Daimyos shall come (to the Shogun's Court at Yedo) to do service.
In the Shoku Nihon ki (i. e. The Continuation of the Chronicles of Japan) it is recorded amongst the enactments: -
"Except when entrusted with some official duty no one (dignitary) is allowed at his own pleasure to assemble his whole 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 Daimyos whose revenues range from 1,000,000 koku 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.
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 (i. e. undyed silk with woven patterns), Shiro-Kosode (i. e. white wadded silk coats), murasaki-awase (i. e. purple silk coats), lined murasaki-ura (i. e. a silk coat lined with purple); nori (i. e. white gloss silk), mumon (i. e. a 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 own 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 are receiving 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 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 practice 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.
13. - The lords of the great domains (kokushu, lit. masters of provinces) must select men of capacity for office.
The way to govern a country 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 (August 24th, September 23rd, 1615).
Check out other Tokugawa legal documents, including a loyalty oath and rules for samurai (shoshi hatto):
www.uni-erfurt.de/ostasiatische_geschichte/texte/japan/dokumente/17/tokugawa_legislation/index.htm
FROM: JOHN CAREY HALL, THE TOKUGAWA LEGISLATION, YOKOHAMA 1910, PP. 286-319
THE LAWS FOR THE MILITARY HOUSES
("BUKE," I. E. THE DAIMYOS)
[PROMULGATED BY HIDETADA, 2ND SHOGUN, 1615.]
1. - Literature, arms, archery and horsemanship are, systematically, to be the favourite pursuits.
Literature first, and arms next to it, 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 disturbances may arise. Dare we omit to practise our warlike exercises and drill ?
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.
3. - Offenders against the law are not to be harboured in the (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 the law. To disregard the law (laid down by us) is an offence which will not be treated with leniency.
4. - Throughout the domains whether of the greater or lesser Barons (Daimyo and Shomyo) or of the holders of minor benefices, 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 (cultivating common) people. How can such be tolerated ?
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 to people of another domain, or to report the secrets of another domain to people of one's own domain is a sure indication of an intent to curry favour.
6. - The residential castles in the domains may be repaired; but the matter must invariably be reported. Still more imperative is it that the planning of structural innovations of any kind must be absolutely avoided.
A castle with a parapet exceeding 100 chi is a bane to a domain. Crenelated walls and deep moats (of castles) are the causes of anarchy.
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.
8. - Marriages must not be contracted at private convenience.
Now, the marriage union is a result of the harmonious blending of the In and You (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 (i. e. political parties) by means of matrimonial connections is a source of pernicious stratagems.
9. - As to the rule that the Daimyos shall come (to the Shogun's Court at Yedo) to do service.
In the Shoku Nihon ki (i. e. The Continuation of the Chronicles of Japan) it is recorded amongst the enactments: -
"Except when entrusted with some official duty no one (dignitary) is allowed at his own pleasure to assemble his whole 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 Daimyos whose revenues range from 1,000,000 koku 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.
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 (i. e. undyed silk with woven patterns), Shiro-Kosode (i. e. white wadded silk coats), murasaki-awase (i. e. purple silk coats), lined murasaki-ura (i. e. a silk coat lined with purple); nori (i. e. white gloss silk), mumon (i. e. a 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 own 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 are receiving 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 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 practice 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.
13. - The lords of the great domains (kokushu, lit. masters of provinces) must select men of capacity for office.
The way to govern a country 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 (August 24th, September 23rd, 1615).
Check out other Tokugawa legal documents, including a loyalty oath and rules for samurai (shoshi hatto):
www.uni-erfurt.de/ostasiatische_geschichte/texte/japan/dokumente/17/tokugawa_legislation/index.htm
FROM: JOHN CAREY HALL, THE TOKUGAWA LEGISLATION, YOKOHAMA 1910, PP. 286-319
