{235} SECTION X

The Late Sixteenth- and Early Seventeenth-Century Transformations: The Creation of the “Samurai” (1575–1691)

The first document in this section is an account of the 1575 battle of Naga­shino. During this battle, Oda Nobunaga—a powerful daimyō attempting to reestablish order in central Japan—defeated his rivals using guns effectively in battle. Also included here is the law code of Chōsokabe (Chōsogabe) Motochika and an account of Fukutomi Han’emon, a Chōsokabe warrior who fought in Korea and the battle of Sekigahara in 1600. At the core of this section are the documents, issued by Toyotomi Hideyoshi and Tokugawa Ieyasu, which essentially established the samurai order. Here, too, are documents pertaining to Hideyoshi’s brutal invasion of Korea. Finally, the laws and regulations of the Tokugawa regime are provided. Ieyasu so desired the position of Sei-i-tai shōgun that he changed his clan name from Fujiwara to Minamoto, so as to claim that he, too, was in accord with the Minamoto right to rule, established at the time of the Ashikaga. Codes from 1615 and 1635 are translated as well.

1. Ōta Gyūichi, The Chronicle of Lord Nobunaga (1610)¹

Ōta Gyūichi wrote his famous Chronicle of Lord Nobunaga in 1610. The earliest passages are anachronistic, but otherwise this is an invaluable account of Nobunaga. Here, Gyūichi recounts Nobunaga drinking from the skulls of his enemies before describing the 1575 battle of Nagashino, a decisive victory over the forces of Takeda Katsuyori. The battle is famous for the impact of guns on the battlefield, an understanding drawn from Gyūichi’s account.

{236} Book VII

Ōta Izumi no Kami composed this.

Tenshō 2 [1574], the Year of Wood Senior and the Dog.

1

On the first day of the First Month, everybody who was anybody in Kyoto and its neighboring provinces presented himself before Nobunaga in Gifu. They were all invited to participate in a toast according to the sangon ceremony. After the outsiders (takokushū)² had retired and only Nobunaga’s horse guards were left,

Some novel, as yet unheard-of appetizers were served at a second banquet:

Item The head of Asakura Sakyō no Daibu Yoshikage.

Item The head of Azai Shimotsuke.

Item The head of Azai Bizen.

These had been taken by Nobunaga the previous year in the North.

The banquet began when the aforesaid three skulls, lacquered and gilt, were brought out on white wooden dinner trays as a relish to the saké. The men made merry, reciting lines from plays and disporting themselves in general. Nobunaga was in unbounded, limitless high spirits. He was exhilarated.

Book VIII

Ōta Izumi no Kami composed this.

Tenshō 3 [1575], the Year of Wood Junior and the Boar.

On the thirteenth day of the fifth month, Nobunaga and his son and heir Kankurō took the field with the objective of relieving Nagashino in Mikawa Province by striking at the rear [of Takeda Katsuyori’s army].³

That day they encamped in Atsuta. Observing that the Hakkengū, an associate shrine of the Atsuta Jingū, was so dilapidated that it had lost its essential character, Nobunaga ordered his chief carpenter Okabe Mataemon to take charge of its reconstruction.

{237} On the fourteenth day of the fifth month, Nobunaga and Kankurō reached Okazaki and pitched camp. The next day they sojourned there. On the sixteenth they stayed in Ushikubo Castle. Leaving Marumo Hyōgo no Kami and Fukuda Mikawa no Kami on guard in that fort, on the seventeenth they set up a field camp in Nodahara. On the eighteenth they pressed on to the village of Shitara. Nobunaga pitched camp there on Mount Gokurakuji while Kankurō encamped on Mount Niimidō.⁴

Topographically the village of Shitara was a great hollow into which Nobunaga conducted his army of thirty thousand gradually, in such a way that the enemy could not observe them. The position at the forefront is the privilege of the local samurai and was accordingly taken up by Ieyasu, who encamped on the heights of Koromitsu, on Takamatsuyama. Takikawa Sakon, Hashiba Tōkichirō, and Niwa Gorōzaemon likewise advanced up the slope toward Arumihara and deployed facing east, confronting Takeda Shirō. A palisade for repelling cavalry was erected in front of Ieyasu’s and Takikawa’s positions.

On the left of the field called Arumihara, great peaks stretched westward from Mount Hōraiji; on the right, wild mountains continued from Mount Tobinosu to the west. On the [southern] flank flowed the Norimoto River, winding its way along the mountainsides. The distance between the mountains on the north and south could not have been any more than thirty chō [3.25 km]. The Takisawa River flowed north to south from the foot of Mount Hōraiji to its confluence with the Norimoto River. Nagashino was on flat ground bordered by these two rivers on the south and west.⁵

Had Takeda Shirō chosen to go up Mount Tobinosu and occupy a position there, with a river in front of him, nothing could have been done about it. What he did, however, was dispose a siege force under seven commanders against Nagashino, {238} cross the Takisawa River, step forward into Arumihara, advance about thirty chō, and deploy with a valley in front of him. His army of some fifteen thousand consisted of men from Kai and Shinano, the troop of Obata [Shigesada] from western Kōzuke,⁶ and warrior bands from Suruga and Tōtōmi, reinforced by soldiers from Tsukude, Damine, and Busechi in Mikawa.⁷ Takeda Shirō moved these troops into thirteen positions for battle, facing west. About twenty chō [2,180 meters] separated the two opposing camps.

“That he should bring his troops up this close,” thought Nobunaga, “is a gift from Heaven. I shall kill them all.” Pondering how to accomplish that without a single friendly casualty, Nobunaga made his plans. He summoned Sakai Saemon no Jō and appointed him captain over some two thousand men selected from Ieyasu’s army, skilled archers and harquebusiers. These were augmented by a detachment of Nobunaga’s own horse guards and five hundred harquebusiers, and accompanied by Kanamori Gorōhachi [Nagachika], Satō Rokuzaemon, Aoyama Shinshichi and his son, and Katō Ichizaemon [Kagemochi] in the capacity of inspectors. In all, this force consisted of about four thousand men. On the twentieth of the fifth month, at the Hour of the Dog [around 8 p.m.], they crossed the Norimoto River, took the roundabout way through the overgrown mountains on the south, and⁸

On the twenty-first of the fifth month, at the Hour of the Dragon [around 8 a.m.],⁹ climbed up Mount Tobinosu above Nagashino and planted their flags there. Raising the battle cry and firing their several hundred harquebuses all at once, they drove away the Takeda siege force, entered Nagashino Castle, linked up with the castle’s garrison, and burnt the enemy’s hutment. Now that those entrenched in the castle had gained such a swift victory, something the siege force under its seven commanders had never expected, that force fell apart and fled in confusion toward Hōraiji.

Nobunaga went up Takamatsuyama, a low hill located in Ieyasu’s camp, to observe the enemy’s maneuvers. Having given strict instructions beforehand that action only be initiated on the receipt of orders from him, and having assigned Sassa Kura no Suke, Maeda Matazaemon, Nonomura Sanjūrō [Masanari], Fukuzumi Heizaemon, and Ban Kurōzaemon as his commissioners in charge of about one {239} thousand harquebusiers, Nobunaga now gave the order for his light infantry to occupy their forward positions close to the enemy lines and watched as they did so. Finding himself under attack from both front and rear, Katsuyori sent his men forward. His first assault wave was led by Yamagata Saburōbyōe [Masakage]. To the beat of their war drums, the Takeda men came charging. Blasted by ferocious gunfire, they withdrew, only to be replaced by the second wave, led by Shōyōken.¹⁰ Shōyōken’s men attacked, fell back, pushed forward again; and the harquebuses riddled their ranks, just as Nobunaga had ordered. When more than half of them had been hit, they retreated, but were replaced by the third assault wave—Obata’s troop from western Kōzuke, who wore red battle dress. Warriors of the Kantō are skilled horsemen, and these samurai were no exception. Their tactic was to ride their horses straight into the enemy midst. To the beat of their war drums, they came charging. But Nobunaga’s men, deployed behind board screens, waited with their harquebuses. More than half of Obata’s warriors were felled by the gunfire, and then the degraded force withdrew from the battlefield. The fourth assault wave was Tenkyū’s battle group, samurai dressed in black.¹¹ Thus one enemy unit relieved another, but not even one of Nobunaga’s commanders had his troops venture forward of their lines. Nobunaga simply put more harquebuses to work, letting his light infantry deal with everything. So Tenkyū’s men, too, were shot down and ground up until they retreated. The fifth wave was led by Baba Mino no Kami [Nobufusa]. To the beat of their war drums, they came charging. But Nobunaga’s men were at their posts, and Baba’s formation, too, was shot to pieces and retreated just like the rest.

The battle raged from sunrise of the twenty-first of the fifth month to the Hour of the Sheep [around 2 p.m.], the action bearing East by Northeast. The Takeda army attacked in relays, but its soldiers kept being shot down, and its manpower gradually drained away to nothing. Whoever survived gathered around the flag of Takeda Shirō, who realized that the situation was hopeless. All as one tried to flee in the direction of Hōraiji. Now Nobunaga’s army broke ranks and set off in hot pursuit.

Among the heads taken, the following were known by sight:

Yamagata Saburōbyōe, Obata from western Kōzuke, Yokota Bitchū, Kawakubo Bingo, Sanada Gentazaemon, Tsuchiya Sōzō, Amari Tōzō, Sugihara Hyūga, Sawa Murinosuke, Nishina, Kōsaka Matahachirō, Okuzu, Okabe, Chikuun, Ekōji, Nezu Jinpei, Tsuchiya Bizen no Kami, Waki Zenbyōe, and Baba Mino no Kami.

{240} Among them all, Baba Mino no Kami stood out by his unparalleled bold feats. In addition to these men, about ten thousand Takeda troops, from warriors of standing to common foot soldiers, fell on the field of battle. Countless others either fled into the mountains, to die of starvation, or were cast off bridges into the river, to drown in the water. In his haste to decamp, Takeda Shirō had failed to mount his favorite horse, a steed with an absolutely unequalled reputation for riding easy. Nobunaga had it put in his stable. Then, having issued instructions in regard to Mikawa Province,

On the twenty-fifth of the fifth month Nobunaga returned from this campaign to Gifu in Mino Province.

Exploiting the momentum of this victory, Ieyasu thrust into Suruga, set fires throughout that province, and then returned to base.

Takeda Shirō held on to Takatenjin Castle in Tōtōmi Province, but it was sure to fall in no time at all. The three captains Akiyama [Nobutomo], Ōshima, and Zakōji [Tamekiyo] were entrenched in Iwamura Castle with a force from Kai and Shinano. Kankurō immediately launched an expedition against them and encircled the castle. It was clear that this matter, too, would soon be settled.

Having taken control of the two provinces Mikawa and Tōtōmi, Ieyasu felt happy after years of distress. Things had gone his way. That such a strong enemy should have been destroyed without the friendly side’s having been endangered was something unwitnessed in previous ages. Such is the good fortune that befits the prowess of the valiant hero. Just as the bright rays of the sun make the morning dew vanish, so is it true that valor and virtue are like the two wheels of a carriage. Wishing to gain fame in future generations, Ieyasu for years on end made his home in the fields or the mountains and on the shores of the sea. His armor was his pillow. Thus he exerted himself constantly in the pursuit of the profession of Arms. Mere words can never do justice to his labors.

2. Letter by Shimotsuma Rairen¹²

This letter, written by Shimotsuma Rairen, a monk of Negoroji, to the Saika, a group of warriors, reveals the importance of even a small number of gunners in military campaigns. The context is quite complex. Oda Nobunaga fought against, and was defeated by, Uesugi Kenshin and the forces of Honganji in {241} Kaga Province. Nobunaga had besieged Honganji’s main fortifications at Ishiyama when Matsunaga Hisahide, one of his erstwhile allies, betrayed Nobunaga and returned to his Shigisan castle in Yamato.

On behalf of my lord I am sending this letter by express messenger. When Matsu­naga switched from Nobunaga’s side to ours,¹³ we requested that you send reinforcements and help in Izumi Province. Nevertheless, during this past evening of the tenth, at the hour of the boar [9–11 p.m.],¹⁴ Matsunaga’s Shigisan castle fell—a tragedy beyond words—as the result of an unforeseen ruse by Nobunaga. Now we are receiving clear reports that Nobunaga has dispatched his army to our region and our castle at Ishiyama. Please send quickly a force of three hundred gunners (teppō shū). My lord is very sorry to be asking again for reinforcements. However, because there are reports that the enemy has already been dispatched to our region, my lord has ordered, in sealed documents, that Nobunaga be punished.¹⁵ It is most important that you gallop forth and aid us.

Next: in response to the fall of Shigisan castle, my lord (Honganji Ren’nyo) will send a fast ship to the Mōri. He will urge them to immediately cross the inland sea and guard the Ishiyama castle so that the rest of our castles will be secured.

In addition, concerning Kaga Province:¹⁶ it has been reported that the army of Nobunaga, our enemy, was defeated following our successful assault on Nanao castle in Noto Province.¹⁷ I am sending two documents: the original report on this as well as an official copy. Please look at these. Finally, Miya Ichibei will explain this more fully. Respectfully.

The eleventh day of the tenth month [(Tenshō 5/1577)] Rairen (seal)

To: The [Honganji] sub-temple in Saika and its Sō¹⁸

{242} 3. Toyotomi Hideyoshi’s Edict Concerning the Collection of Swords (1588)¹⁹

Hideyoshi’s Edict Concerning the Collection of Swords, commonly known as a “sword hunt,” the first enacted since the seventh century, established a firm division between agriculturalists and warriors. The term hyakushō, which previously referred to warriors’ retainers, is here used to refer exclusively to agriculturalists; from this point on, the term will be translated as “peasant.”

Clauses:

Item (1). Peasants (hyakushōra) of the various provinces are strictly prohibited from possessing swords, short swords (wakizashi), bows, pikes, guns (teppō), or other types of military weapons.

Needless to say, those who possess unnecessary military weapons and stop paying their annual taxes, disobey officials, and meet in leagues to plot rebellions will be punished.

If such rebellions happen, the harvest from rice paddies and fields of those regions will be ruined and land possession (chigyō) will become a heavy burden. It is the responsibility of the provincial lords (kokushu), the local representatives (daikan) and officials (kyūnin) to confiscate the aforementioned weapons and dispatch them here.

Item (2). Confiscated weapons will not be wasted. They will be used to manufacture nails or braces for Hōkōji, with its Great Buddha,²⁰ currently under planning. Therefore, Hōkōji will aid the future salvation of peasants (hyakushō), not to mention improve their current lives.

Item (3). If peasants (hyakushō) possess only agricultural tools and devote themselves to cultivation, they and their descendants will live long and peacefully. Because we value the peasants, we are confiscating their weapons. This is the basis for peace in the realm and the happiness of all people. Overseas,²¹ Tang Yao²² was such a god {243} who first pacified the realm, then used his jeweled and sharp swords for agriculture. We do not have such a fine example in the court of Japan. All landholders shall understand and abide by this order. Peasants shall devote themselves to cultivation.

The aforementioned tools should be collected and dispatched here. Do not be negligent.²³

The eighth day of the seventh month of the sixteenth year of Tenshō (1588)

Hideyoshi [vermillion seal]

4. Toyotomi Hideyoshi’s Edict Regarding the Separation of Status (1591)²⁴

The following is a famous edict that became the basis for the separation of classes in the later Tokugawa era. Though it was long thought to separate samurai from peasants, a careful reading of it reveals that it merely prevents warriors of dependent status—whether samurai, retainers, or some other kind of lower-ranking followers—from leaving their lord or changing professions.²⁵

A comparison with the previously translated 1536 Date codes shows that many northerners’ concerns, such as a lord’s claims to his samurai or other followers, remained in place. A new concern appears to be an increasing interest by lower-ranking individuals, be they peasants or servants of warriors, abandoning agriculture to become wage laborers or merchants. Note the collective punishments.

Item (1). Now that forces have returned from the campaign in the north (Ōshū) this past seventh month, check to see if any of those servants (hōkōnin)—such as samurai,²⁶ middling retainers (chūgen), minor followers, or even the lowest-ranking servants—have attempted to change his status, to become either a merchant (chōnin) or a peasant (hyakushō). The original inhabitants of these regions should investigate {244} them and should not shelter such wayward servants. If any inhabitants hide such people, then their whole ward or village will be punished.

Item (2). If in various places, the peasants (hyakushōra) abandon their fields in order to take up business or perform wage labor, both wayward peasants and the locals will be punished. It is the responsibility of the local representatives (daikan) and officials (kyūnin) to investigate and expel anyone who is not a peasant or servant (hōkōnin).²⁷ Should they²⁸ disobey this law, then they will be recalled; if any townspeople or peasants hide such false people, their whole district or ward will be punished.

Item (3). Do not take, as a servant (hōkōnin), any samurai or minor follower who left their lord without permission. Guarantors are required to vouch for such servants, and hōkōnin should be carefully investigated. If the servant had left an original lord and this person notifies the new lord of this fact, then the servant should be arrested and returned to his original lord. If anyone disobeys this law and lets a wayward servant go, then three people shall be decapitated as compensation for each servant and their heads sent to the original lord. If these three heads are not sent, the right and wrong of the matter will be clear and the [new] lord will be punished.

The aforementioned clauses are hereby established thus.

The twenty-first day of the eighth month of the nineteenth year of Tenshō (1591)

Hideyoshi [vermillion seal]

5. The 100 Article Code of Chōsokabe Motochika²⁹

Chōsokabe Motochika put the following law code into effect on 3.24.1597 (Keichō 2), following the land surveys initiated by Toyotomi Hideyoshi. From these laws we can tell that removing warriors from the land enabled daimyō to exercise more stringent control over their territories. These laws represent an early assertion of what Max Weber—the influential nineteenth-century {245} German sociologist and historian—would have described as a “monopoly of coercive violence”; the Chōsokabe magistrates and officials are granted rights while commoners are strictly prohibited from engaging in violence.

1.    1: Services and festivals of (Shintō) shrines must be carried on in the manner that was prescribed in earlier years. Furthermore, wherever possible maintenance costs of shrines should be met from their own lands and endowments. In the event of great damage that makes this impossible, Commissioner must be consulted. Failure to report in this manner will be construed as an offence on the part of the shrine priest authorities and families.³⁰

2.    2: The functions of (Buddhist) temples must be continued in the way they have come down from the past and must not be allowed to deteriorate. Furthermore, temples should meet their maintenance expenses by relying on income from their own domain.³¹

3.    3: As soon as an order affecting matters of state is issued it must be carried out conscientiously. Any sign of laxity will naturally be punished immediately.³²

4.    4: It is of course absolutely forbidden for anyone, high or low, to make use of the chrysanthemum-paulownia crest (of the Imperial family).

5.    5: In regard to the reception accorded an emissary or deputy (from Hideyoshi) who comes to our province: every effort must be made to receive him properly. Those who excel in the pains they take in regard to receptions or farewells shall be rewarded. Furthermore, at such a time care must be taken to report everything which the guides or attendants in the emissary’s party may have said.

6.    6: Lords and vassals, priests and laymen, noble and mean, high and low, must all keep from allowing the rules of humanliness, righteousness, and propriety to suffer disgrace, but should on the contrary keep them constantly in mind.

7.    7: It should be the primary concern of everyone to train himself unceasingly in military accomplishment. Those who tend to excel their fellows in this should be given additional income. Particular attention should be paid to {246} musketry, archery, and horsemanship. The military code is contained in a separate document.³³

8.    8: Strive to develop accomplishments appropriate to your status. Furthermore, you must keep always in your mind the study of books and pursuit of arts insofar as these are consistent with your duties.

9.    9: You should try to live up to the teachings of the various (Buddhist) sects. In things like literary studies, those who excel their fellows, according to their achievements, can nourish hopes in whatever their area, whether worldly prosperity or religious life.

10.10: With regard to (Buddhist) priests: (a) those to return to lay life without reporting this to the lord of the province will promptly be executed. (b) They will no longer go out at night unless there is a compelling reason, and (c) their misconduct, when reported, will bring special reward for the informer. Violations of these points will bring punishment of exile or death, depending on the gravity of the offence.³⁴

11.11: The Three Commissioners have been appointed to administer throughout the seven districts of this province, and no objections are to be raised against any decisions the Commissioners make. Furthermore, shōya have been appointed for each community, and the instructions they announce must not be neglected in any way.³⁵

12.12: {247} The words of the yorioya and other unit commanders are to be respected at all times, and no one should ever raise the slightest objection to them.

13.13: As regards lawsuits throughout the realm, they should first be taken up with the unit commander (yorioya) and thereafter submitted to the lord. Those who have no unit commander should take it up with the magistrate. Suits cannot be taken up during periods of military service, duty in Kyoto, or absence, although exceptions can be made in cases of emergency. Furthermore, cases will be heard three times a month, on the tenth, twentieth, and last day. Urgent matters requiring immediate attention may be submitted at any time.

14.14: The official responsible for forwarding cases to the lord should have both parties discuss the issue together and only then submit it to the lord. But, as in the past, he should not interfere with the rōjū.³⁶

15.15: Any interference by wives in legal action is strictly forbidden.

16.16: Once a verdict has been reached the case cannot be submitted to the lord a second time, even if additional arguments exist.

17.17: It is only natural that services are demanded of those who hold fiefs, and they must be carried out to the letter regardless of whether they are large or small. Anyone late for logging or construction work will be required to repeat the duty period as punishment. And anyone who comes short of the food and provisions requested of him for work details without excuse will be required to supply as much again.

18.18: In regard to those who abscond: offenders must be punished whatever their excuse and so also their relatives. Proper reward should be given neighbors or friends who report anyone whose behavior causes suspicion that he is planning to desert. Those who have knowledge of such intent and fail to report it will receive the same punishment as the offender. Furthermore, a man who reports late for lumbering or construction and leaves without getting permission from the magistrate will have his land declared forfeit. If a man deserts directly to another province, punishment will also be imposed on his relatives. Similarly, if a man’s servant (hikan) deserts (from labor duty), the master will be penalized threefold.³⁷

19.19: {248} Anyone who performs more service (kyūyaku) than required should take it up with the magistrate to obtain the proper reduction. In case of emergency, not only in event of military service, one should increase the number of laborers and exert himself to the utmost. Thereafter it can be taken up with the magistrate for appropriate reductions in services. But in no case can such reductions be divided or shared.

20.20: Unless there is an explicit statement of release from the authorities, no one can be excused from services, whatever the reasons that are advanced.

21.21: When a man is sent somewhere on a mission or named as a magistrate, he will be excused from providing personnel for service duty as follows: If he goes to another province, 5 men less; to Hata or Aki, 3 men less; to the 5 central districts, 2 men less. This has no bearing on men of low status.

22.22: A man who desires to surrender his fief may be permitted to do so if it is clearly beyond his capacity. But to do so from choice and not from necessity is punishable. When cases are under consideration the applicant will in any case be required to perform his obligations until the twelfth month of the year, after which he may be permitted to give up his fief.

23.23: As regards crossing the borders of the province by people of any rank, in either direction: Under no conditions will anyone who does not have a signed permit from a magistrate or village elder (toshiyori) be permitted to pass a mountain or coastal check point. Shōya have been appointed in the mountain areas and tone have been appointed in coastal areas, and anyone who disregards their instructions and tries to leave or enter without authority shall be punished. If someone without the proper permits boards a ship, the person in charge of the ship will also be punished.³⁸

24.24: As to horses: Anyone with three chō should keep (his mount,) saddle and other equipment in a state of readiness. Naturally those with more land should perfect themselves in military arts, and those with less than three chō also will, if they keep up their military training, receive reward.

25.25: Quarreling and bickering are strictly forbidden. Whether in the right or wrong, begin with restraint and forbearance. If instead of this men resort to violence, then both parties should be punished, regardless of the right or wrong of the matter. If one party only raises his hand against the other, regardless of his reasons for having done so he will be punished.

26.26: With regard to thieves: They should be captured immediately and the magistrate informed. If there is no question about guilt, they will of course be {249} beheaded. If the thief resists arrest, he will be slain. If these rules are not carried out, the shōya responsible will be held punishable.

27.27: As to cutting and wounds: Whatever the circumstances, whoever strikes or hits a fellow retainer must be punished. However, this does not apply to those serving as magistrate.

28.28: With regard to someone who injures another without reason: The nature of the death penalty which is to be imposed will be determined after careful examination. Further, if punishment is extended to the offender’s relatives, the details of the investigation should be made clear.

29.29: As to cutting a man and then running away: Anyone doing this will be crucified. The jitō, shōya, and people of the vicinity should immediately pursue and capture the criminal and then report. If they cannot capture him, they should (try to) strike him down. If he escapes the whole community will be punished. If the murderer’s relatives had any knowledge at all of the matter they will receive the same punishment as the criminal. If it is clear that they knew nothing, an appropriate verdict will be found. Anyone who was at the scene and failed to intervene will also be punished. Furthermore: with respect to (punishment for) relatives, the exact degree of relationship will be taken into account.³⁹

30.30: With regard to hitting (with shot or arrows) men in hunting areas, at construction sites, and elsewhere, without provocation: Anyone guilty of this will be punished immediately. If he had a prior grudge against his victim he will be sentenced to death, and punishment will extend to his relatives.

31.31: With regard to bandits and pirates: As has been the rule in the past, it is the responsibility of the area nearest to their hideout to search for and produce these people. If this is not done, the area in question will be penalized.

32.32: Heavy drinking is prohibited for all people, high and low, to say nothing of all magistrates. Furthermore: With regard to drunkards, the fine for minor offenses will be three kan of coins, and appropriate punishment (seibai) will be imposed for severe offenses. A man who cuts or strikes others (while drunk) will have his head cut off.

33.33: As to illicit relations with another’s wife: Although it is obvious, unless the guilty pair kill themselves, both of them should be executed. If approval of relatives is obtained, revenge may be undertaken, but unnatural cruelty will {250} constitute a crime. If the husband fails to kill the man, or if he is away the time the offense becomes known, the people of the village should kill the offender. In addition: If a woman has a reputation, the (marriage) contract is to be broken.

34.34: When there is not a man in the house, no males—masseurs, peddlers, travelling sarugaku performers and musicians, solicitors for religious contributions (banjin) or even relatives—shall set foot in the house. If someone is ill and if the relatives approve, a visit may be made, but then only in daytime. Even the magistrate must carry on his business outside the gate. However, this does not apply to parents, sons, and brothers (of the household head).⁴⁰

35.35: Also, when a man is not present, a woman is not to go visiting Buddhist temples or Shinto shrines or sightseeing. Furthermore: The annual and monthly rites (for deceased relatives) should be held at the temple.

36.36: Also, in the absence of a man: It is absolutely forbidden for a priest to go in and out of the house. Furthermore: This does not apply to devotional services.

37.37: With regard to regulating fudai (hereditary servant) status: Men and women who have served their masters for ten years without having been discharged will be considered fudai. Similarly their children will naturally be considered fudai also. A male child will go with his father, and a girl goes with the mother. Even though a servant may have been told by his master that he is dismissed, unless there is written evidence of this no other master is to take him as his servant. If a master violates this rule the servant’s former master should report this and claim his servant again according to law. It will then be his responsibility to decide whether to put the man in service again or to put him to death. If a servant ran away and his whereabouts were unknown, no matter how many years ago it was he should (if discovered) be reported and returned to his master. Furthermore: But if such a servant’s whereabouts in a neighboring area were known to the master for more than ten years without his having taken any action, this will not apply. Similarly, as to fudai attached to fiefs: If the proprietor (jitō) has gone to another province, even though he return, if he does not receive reinstatement of his original fief, he will not regain his powers over the fudai.

38.38: Debts of rice must be returned in the exact amount that was borrowed. It is a crime to return an insufficient measure of rice it were the full measure.

39.39: {251} With regard to loans to petty retainers throughout the realm: Where the retainer, without his master’s knowledge, has already been paying out his whole income and has had to give up his house and become a burden on his master, he should not be pressed for payment any longer.⁴¹

40.40: In cases in which borrowed goods or things held in trust, or the lord’s (tax) rice, are lost by fire or theft while in someone’s possession, if that person’s own possessions are also lost, he will not be required to make restitution. But if only the goods in his custody are lost, then he will have to make restitution. Also: It is forbidden to lend to others things which have first been borrowed.

41.41: With regard to pawned articles: Once it is established that an article has been lost because of theft or fire, claims for the borrowed money for which it served as security will be considered forfeit.

42.42: With regard to delinquent loans: If the borrower makes difficulties after having been pressed to pay, the matter should be reported to the magistrate, and the loan reclaimed without fail. But if the lender has for years failed to press for payment only the principal need be repaid.

43.43: Lawsuits over kōryō (daimyō domain) and myōden (private, name fields) must stop. Furthermore: land purchases will be validated by special decree, while the quality of service performed will be the criterion for (transfer) of land for which no validation papers previously exist.⁴²

44.44: It is a punishable offense to convert rice paddy field into dry field or house sites. Where this has been done the taxes will be kept at the same rate as those for paddy.

45.45: With regard to purchasing land: Even if someone has a contract providing for transfer in perpetuity, if the rice produced (by the plot) is less than ten hyō (about one acre of normal paddy) the land remains redeemable (by the seller). Even if it is claimed that a plot was clearly sold permanently, if there is no documentary evidence to support this the plot can be reclaimed by its seller (with restitution of price). And if despite claims there is no documentary evidence to establish even such redeemable status for land, the land will be considered as toshige (redeemable from crop yield). The above rules are established in accordance with previous regulations. When a contract provides that land will be {252} held in pledge at the rate of 1 tan per borrowed hyō of rice (about one fifth the yield of average paddy), if the lender has enjoyed crop rights for three years the original owner will no longer be required to repay the loan; he is also entitled to the return of his land. Furthermore: Land alienated under provisions of perpetual or of conditional sale will revert to the original owner if the purchaser’s family dies out. But if someone succeeds to this family within ten years the land must again be returned to the purchaser. If, however, it is more than ten years before a successor takes over, their claims lose effect and the land will be considered part of the original owner’s fief. The same rule holds for lenders and loans. Furthermore, if the seller’s family dies out, except for lands specially registered earlier, all three classifications—perpetual sale, conditional transfer, and terminal option—are to be declared forfeit and confiscated.⁴³

46.46: With regard to abandoned and waste land throughout the realm: Shōya in the area must warn their people against letting it grow rank. If the shōya is unable to deal with it alone he should consult the magistrate about initiating reclamation measures. If the abandonment has been caused by negligence, the shōya of that place must assume responsibility for paying the tax in place of the tillers.

47.47: As to fiefs throughout the realm: The crop yield, as ascertained by the fall survey of fields ready for harvest (kemi) should be apportioned, two-thirds to the vassal samurai (jitō) and one-third to the farmer. If farmers object to this, the samurai will have to use his own judgment. He must, at any rate, take care lest the land be abandoned and ruined. Furthermore: Cultivation rights applying to lands which have changed hands in recent years will be determined at the discretion of the vassals holding the fiefs.⁴⁴

48.48: {253} With regard to forestation, reclamation of abandoned land, development of waste land, and salt fields: Such reclamation must be reported to the lord, and work may be started after receiving his approval. The practice of keeping the existence of reclaimed land secret must absolutely be stopped. Supplement: The first year after reclamation the tanmai tax will be paid, and from the following year on regular taxes will be levied. Such fields are, after all, the lord’s lands.⁴⁵

49.49: With regard to the waste land of fief holders (kyūnin): There can be no excuse for having allowed land to go to waste since the land survey.

50.50: As for the paddy, dry, and dwelling fields which came in dispute at the time of the land survey: As long as these are unresolved, the shōya of those areas will have to deliver the exact amount of tax due.

51.51: With regard to irrigation duty: The irrigation magistrate and shōya of the areas concerned must place particular emphasis on allowing nothing to obstruct the irrigation channels. If large-scale damage beyond the capacity of the people dependent on the water takes place, it should be reported to the magistrate, who, after consultation, should call out all the people to repair the damage.

52.52: Whoever discovers that anyone, whether vassal or farmer, is concealing the existence of (untaxed) fields and reports it to the lord, will be rewarded strikingly. Acting on such information, the magistrate will base his ruling on the land survey register. If it becomes clear that a vassal concealed the field, he will be severely punished. And if it was a farmer who concealed it, he will be made to pay double the tax due since the land survey, after which he will be banished. If he pleads hardship at this, he will have his head cut off.

53.53: With regard to disputes over property lines: In all cases such disputes will be decided in accordance with the register of the land survey. After a case has been heard with the arguments of both parties stated, the person found to be at fault will be fined five kan (i.e. 5000 copper coins) to punish him for his carelessness. If both parties refuse to listen to reason, the disputed area will be confiscated.

54.54: Within the lord’s own domain, not even one grain of rice may be taken away in payment for loans or purchases before the date set for the payment in full of the fall harvest tax. If this ruling is not observed, both the shōya and the farmers involved will be severely punished.

55.55: {254} In regard to the annual tax (nengu): It must all be paid in hulled rice. The decision to plant taimai or kichimai rice will depend upon the soil. Planting taimai on soil more suitable to kichimai is strictly prohibited. If this order is violated the tax will be collected at the kichimai rate.⁴⁶

56.56: With regard to units of measure: Throughout the realm measures will be standardized to kyōmasu. However, long measure will be used for the annual tax and loan repayments, and short measure for private transactions.⁴⁷

57.57: Throughout the realm, tanmai must be paid each year as assessed.

58.58: In certain areas the tithe must be paid exactly as it was done in the past.⁴⁸

59.59: Whether it is hulled or unhulled rice, one hyō must contain five to.

60.60: With regard to farmers throughout the realm: The jitō, shōya, and magistrates must foster them solicitously in their official capacity. Do not require extra taxes and work in addition to the regular exactions from them. But of course, the regular annual tax must be paid strictly. If it comes even a little short, shōya and land owners of the lord’s own domain will receive prompt and severe punishment.

61.61: It is strictly prohibited for a magistrate to develop private or abandoned fields.

62.62: If anyone discovers that a magistrate who has been sent to some part of the realm speaks irresponsibly or shows favoritism he should report the facts of the case, and, no matter how low his position, he will be rewarded handsomely as a result. After receipt of this report and in the light of an examination of the matter, that magistrate will be punished severely.

63.63: With regard to a magistrate or shōya anywhere in the realm who shows favoritism or partiality or indulges in any other unjust practices whatever, it makes no difference whether complaints come from someone in the offender’s area (of jurisdiction) or not. Details should be forwarded to the authorities, and they will be rewarded. After an investigation, punishment will be meted out.

64.64: {255} A magistrate is forbidden to post or issue regulations for even a single area without reporting it.

65.65: Throughout the realm, if messengers for officials such as magistrates request horses or labor services on their way, they should be accommodated, provided they have official authorization with them. If they do not, they do not have to be obeyed.

66.66: It is absolutely forbidden to sell horses of this province to other provinces. If anyone attempts to send out horses illegally, the horses will be confiscated. The barrier keepers (at border crossings) must keep particularly close watch in view of this.

67.67: Artisans should have confidence in the things that magistrates and group leaders say and should not raise any objections to their instructions.

68.68: Wages for artisans including carpenters, sawyers, cypress bowl makers, blacksmiths, silversmiths, sharpeners, lacquerers or painters, dyers, leatherworkers, tilers, cypress dyers, wall plasterers, mat (tatami) makers, armorers and the like should be, per day, 7 shō of unhulled rice, kyōmasu measure, for skilled workers, 5 shō, kyōmasu measure, of unhulled rice for average workers, and 3 shō of unhulled rice, kyōmasu scale, for unskilled workers. The classification into skilled, average, and unskilled categories must be approved by the magistrate. Supplement: The wages for a boat-builder will be one to of unhulled rice, kyōmasu scale, per day.⁴⁹

69.69: The standard length of cotton cloth, irrespective of quality must be 7 hiro, taking one hiro as 4 feet 5 inches (shaku, sun) on the carpenter’s measure. Coarse sacking will be standardized at 6 hiro.

70.70: With regard to trading boats: They should operate as much as possible, but the traders should realize how important it is that they stay within the borders of the province.

71.71: With regard to runners: The local shōya should dispatch or reserve them with due regard to the distances involved. If, when there is urgency, the runner is late, he should be decapitated.

72.72: The width of the main roads is to be 2 ken, each ken being 6 feet, 5 inches (shaku, sun). In regard to roads, shōya must see to it that they are maintained, whether in mountain, countryside, or coastal areas. If a road is bad, it is the shōya’s responsibility to collect one kan of coins from the landed samurai and farmers as a fine and turn it over to the magistrate’s office.

73.73: {256} With regard to linear measurements: In castle construction and all other work, use the standard ken of 6 shaku 5 sun. However, rice paddies are an exception.

74.74: It is strictly forbidden to travel along side roads. Anyone who breaks this regulation will be fined 1 kan of coins.

75.75: As for the fishing tax (katsura zeni): It will be maintained as in the past.

76.76: It goes without saying that it is strictly prohibited to cut bamboo, cedar, cypress, camphor, pine and all other trees which have been registered for official use. It is also forbidden to cut down a bamboo of which one has need, even though it is within the confines of his own fief, without first reporting it to the magistrate’s office. It is an important resource for all areas, country, mountain and coastal, to have bamboo trees growing.

77.77: It is strictly prohibited to break off bamboo shoots. Anyone who violates this rule will be fined 1 kan of coins, which will be given as reward to the informer who reports the offense.

78.78: It is forbidden to let cattle and horses wander freely at any season. Anyone who violates this rule will be fined 100 mon of coins. If there has been damage caused to harvest in the fields, an additional 100 mon will have to be paid to the owner.

79.79: If a man builds a house on leased land and moves away, if he has paid the annual tax, the house, whether board or thatched roof, belongs to him. But if he has been sentenced for a crime then the master (land owner) will take over his property as well as the house. If there is some question about his having paid his tax, the landowner will have to pay it to the enfeoffed proprietor in his stead. If, however, a landless laborer is convicted of a crime his house and property will be confiscated. In such a case the annual tax, if still outstanding, will be remitted to the (enfeoffed) land owner.⁵⁰

80.80: Between father and son, if either acts against the will of the lord, he will receive separate punishment according to his offence and what it deserves. But each case should be considered on its own merits.

81.81: {257} With regard to transferring the headship of a temple throughout the realm: Suitable persons should be recommended to the lord and the transfer arranged in accordance with his instructions. Even though the candidate is a disciple (of the head), selection must necessarily be based on capability.

82.82: With regard to family succession: It is necessary to notify the lord and receive his permission, even if the heir is the head’s real child. It is strictly forbidden to decide succession matters privately. Furthermore: One must also request and receive permission to become a guardian for a minor.⁵¹

83.83: Anyone who succeeds to two houses without getting the approval of higher authority will be punished as soon as it becomes known.

84.84: As regards family name and succession designation for loyal retainers: If a vassal commits a crime and has to be punished, his family name will not be affected if the offence was a minor one. But if he commits a major crime, his punishment should include the loss of his family name.

85.85: With regard to the marriage of samurai: It is strictly prohibited for samurai who receive over 100 koku to arrange a marriage without the lord’s approval. Supplement: Whether one’s status be high or low, matters of marriage must not be broached at any time if the understanding of both families has not been arranged.

86.86: Private contract is prohibited in all matters.⁵²

87.87: It goes without saying that anyone who speaks or proposes evil things without regard for what is in the interest of the realm will be punished; in addition anyone in his company will receive the same punishment.

88.88: Those who start groundless rumors shall immediately be punished by death by crucifixion. It is also wrong to write irresponsible things on walls or gates. Anyone discovered to be doing this will be put to death.

89.89: It is absolutely forbidden to employ rōnin without notifying the lord and obtaining permission.

90.90: {258} As regards matawakato and matakomono: they are strictly forbidden to associate in public or in private with the lord’s own retainers.⁵³

91.91: With regard to documents concerning paddy and dry fields: precedence (between conflicting documents) will be established by the date indicated.

92.92: As to false accusations: Punishment will depend on whether the offence is minor or serious. If it is a minor matter, the fine will be 3 kan of coins.

93.93: Regardless of rank, the practice of dismounting (in deference to superior) should be stopped. However, when an envoy or deputy from above (i.e., Hideyoshi) passes, he should receive this courtesy.

94.94: In matters large or small and good or bad, the lord’s chamberlain must at all times transmit the sentiments of all the people, whatever their status to the lord. When there is an urgent matter and there is no one to transmit it, it should be submitted at once on paper. If an official fails to transmit anything, regardless of what it is, he will be punished immediately.

95.95: Anyone who has something on his heart should report it freely, whether his status is high or low. If he keeps it within himself until he develops evil ideas, he will be punished severely.

96.96: No one, high or low, is permitted to change his seal.⁵⁴

97.97: No one may change his family name, his official title or office, or his given name. However, an official title may be changed once in accordance with provisions with the lord’s permission.⁵⁵

98.98: With regard to fire, it is essential to be vigilant at all times. If fire breaks out in a neighborhood, the owner of the house in which the fire first started will be fined according to his status. If the fire is confined to one house, the owner will be banished. Furthermore if responsibility for arson becomes clearly established, severe punishment will extend even to the relatives of the incendiary.

99.99: When someone in this realm, whatever his social standing, takes a long trip, there should be no objection raised against providing him a night’s lodging. If a man of low rank steals or damages some of the things in his lodgings, he {259} must make restitution. Supplement: The fee for the accommodations shall be determined by both parties.

100.      100: With regard to the division of family property among relatives: Allocate one-tenth of the property to the father, and one-twentieth to the mother. But if both father and mother live together they should be satisfied with the father’s share. The service (kyūyaku) required of a man who retires must be performed carefully by his successor. However, an exception can be made if different arrangements have been made by agreement between parent and son. Settlement of rights of brothers, uncles, nephews and other family members will be decided on the basis of their degree of relationship. But in all cases, whether between elder and younger brothers, or uncles and nephews, or others with the same surname, judgments will be handed down on the basis of propinquity of relationship.

These articles will provide the rule throughout this realm from this time on. All people, whether noble or base, must observe them strictly and in good faith. Any violation, even one word, is subject to immediate and severe punishment. Accordingly, it is promulgated as here set forth.

Twenty-fourth day of the Third Month,

Second Year of Keichō (1597)

Morichika

Motochika

6. A Receipt of Noses⁵⁶

Under Hideyoshi’s rule, the warriors of Japan became involved in the country’s campaigns in Korea. This document, dating from 1597, shows that warriors seeking restitution for their service in battle were required to produce “proof” of their participation. In this case, noses were substituted for heads.

Concerning the noses of heads taken in Jinwon district:

In total, 870.

{260} The aforementioned have certainly been received.

Twenty-first day of the ninth month. The second year of Keichō (1597)

Kumagai Kuranojō [Naomori] (Monogram)

Kakimi Izumi no kami [Kazunao] (Monogram)

Hayakawa shume no kami [Nagamasa] (Monogram)

To: The Honorable Kikkawa kurōdo no tō [at the] Military Encampment

7. The Memoir of a Unification Era Warrior, Fukutomi Han’emon⁵⁷

Here Fukutomi Han’emon Masachika (1576–1656), a warrior from Tosa, site of the Chōsokabe domains, recounts the campaign in Korea, as well as the battle of Sekigahara.⁵⁸ Fukutomi was on the losing side of this battle, and this defeat resulted in the Chōsokabe losing their domains. Fukutomi survived the transition and later fought for the Tokugawa against Toyotomi forces in the siege of Ōsaka in 1615.

In the first year of Bunroku [1592].3.8 at the time of the invasion of Korea, my lord Motochika sailed from Urado port in Tosa Province. At that time I was called Fukutomi Shichirōbei. I was seventeen at the time. At first we sailed to Katoku island [K. Kadŏk island] in Korea and then proceeded to the Pusan sea area. Pusan is the place from which one travels from Korea to Japan. We then sailed to the port of Takeshima [K. Chukto] where many daimyō had their vessels. From there we marched by three routes to the capital called Akakuni Rajun. The northern route was led by Lord Konishi Yukinaga, the middle route by lord Katō Kiyomasa and the southern route by Lord Motochika. The overlord Toyotomi Hideyoshi assigned the inspector Kakimi Kazunao to Lord Motochika’s forces.

In the same year [1592].12.5 Motochika ordered that we should send out two or three small units for five or six ri [about 20-24 kilometers if he is using Hideyo­shi’s ri] and if we encounter foreigners we should kill them and cut off their noses to bring back as proof to be recorded in the books of service. However we should return to camp before sunset. If we did not return by sunset we would be punished {261} severely even if we brought back noses. At that time I was in Hisatake Kuranosuke’s unit. Our unit consisted of sixteen men. Our camp was at a place called Sosen [K. Sach’ŏn] and we set out around 3 in the morning. About twenty-four kilometers from it we spotted about twenty Korean horsemen. They saw us and fled into a pine woods so we could no longer see them. We got off our horses to search and found a cave into which it seemed they had gone. Even if we fired our guns into the cave we would not know if we hit them. At that Hiroi Kaemon said that if we just chased them into a cave and left it at that we would likely be criticized later so we should go into the cave to hunt them out. Because the entrance to the cave was narrow we removed our armor and planned to go in just with our short swords. At this point my retainer Kuzaemon whispered into my ear that this was my time and I should crawl in first. I thought this a good idea and I started crawling into the cave, but then Hiroi Kaemon crawled in after me and grabbing my waistband started to pull me out. Hisatake Kuemon told Kaemon “If Shichirōbei in his youthful ambition crawled in first, even if you pull him out now, later investigations will reveal this and Shichirōbei will be counted as first entry so just let him go!” So Hiroi Kaemon came in second and Hisatake Kuemon came in third. No one else came in. Inside the cave, Kaemon drew his short sword. Inside the cave it was narrow but it gradually widened further in and was probably about twenty or so meters long but bending as it climbed upwards. If we had just fired our guns into the cave we would have hit no one. The foreigners must have feared the possibility of guns and did not face us. Every one of them escaped out of another exit, but the men outside captured all of them and bound them up. There were seventeen of them including leaders and servants. We cut off their heads and took their noses dividing them among the three of us. I got seven noses. Hiroi Kaemon got six noses and Hisatake Kuemon got four. Well, it was after midnight when we returned to the main camp. Because we broke camp law, the three of us who had entered the cave were sentenced to kill ourselves by seppuku. We had resigned ourselves to this, but on the third day our lord declared that only ten out of every hundred warriors of Tosa came to Korea, and these warriors were very precious to him, so he ordered to his confidant Nakauchi Shōsuke that we should be spared. Then on the ninth we were granted audience with the lord.

Lord Motochika returned to Japan and the twenty-three members of our unit went home from Pusan before him. When Lord Motochika arrived back he sent word praising that I had been the first to enter the cave and also noting his appreciation of my grandfather and father he granted me a fief.

Lord Motochika passed away in the third year of Keichō [1598].8.19 in Ōsaka in Settsu province.

{262} At the time of the battle of Sekigahara in Mino Province in the fifth year of Keichō [1600].9.15 Lord Motochika’s son Lord Morichika allied with Ishida Mitsunari and arrayed his forces at Kurihara south of Nangū Mountain. Mitsunari’s forces lost, and without engaging in the fight Morichika’s forces retreated to the town of Kaitsu that evening in the hours before midnight. However a riot occurred, the town set aflame and our forces fell into disarray. Fukura Sukebei said “The enemy is chasing us. On our left is a river and on the right is a mountain. This is a place difficult to flee from.” He yelled out “Wherever you ask directions, kill them all!” Fukura Sukebei named himself to lead the rear guard. Yasunami Genba, Hirose Matabei, Yoshimura Sakonbei and I then exchanged words with Sukebei and formed a rear guard. On that occasion Sukebei’s appearance was as follows: He had armor laced kebiki style, and his breastplate was decorated in gold lacquer with an Amida triad. His had a studded helmet with a front crest that was whitened with silver, and it had deer horns protruding out left and right. He had a red crepe canopy banner on his back and the decoration was a golden fan. His horse was black as ink and armored in vermillion. His appearance was finer than any man there.

When my lord Morichika arrived at Tenman in Ōsaka Fukura Sukebei presented his report on the retreat. The lord then called to himself Yasunami Genba, Hirose Matabei, Yoshimura Sakonbei and myself. He declared that our service was admirable and gave three pieces of silver to each of us. After staying at Tenman three to five days he ordered that all the forces return to Tosa, which we did.

Lord Tokugawa Ieyasu confiscated Tosa [from the Chōsogabe]⁵⁹ and bestowed it to lord Yamauchi Katsutoyo. He had already ordered Ii Naomasa to take control of Tosa, who sent his retainer Suzuki Heibei to take over the castle. Heibei arrived at the port of Urado in the same year in the middle of the tenth month with a hundred warriors and followers. When it came time to hand over the castle, a major conflict developed between the Chōsogabe senior retainers and the common housemen. Heibei was in the place called Mimase, and the elders decided to lead him inside at night and hand over the castle. The common housemen disagreed and formed a league refusing to turn over the castle. They gathered to contest at the place called Nukatsuka on the south of Urado. The common housemen were defeated there. I and my relatives were elders. Negotiations then quieted things and I and my companions retreated to a place known as Tsuzumidani.

Among the leaders of the resisting housemen there was a Kitaoka Rokubei and his son Genshichi. The elders decided that they needed to be killed and directed {263} Kumano Mataemon, Maeda Kyūemon, Sawaragi Rihei, Kitaoka Sōemon, Kariya Kozaemon, Utsuno Magoemon, Mitani Rokuemon, and myself—eight of us—to go do the job. I arrived first and then Kumano Mataemon so we took the road at the front of the house and decided the rest would go back behind the house. So Mataemon and I went up to the front entrance. Genshichi came charging out in attack and he and I fought. Rokubei then came out swinging and fought with Mataemon. Things went well for me and I cut open Genshichi’s head with my Dōtanuki sword killing him. Rokubei had been cut by Mataemon in the arm and lower thigh and had fallen down. Mataemon had a cut on his head and the blood flowed down into his eyes. He said he could not see. I had killed Genshichi about six meters away. I ran straight from there and finished off Rokubei. The others came running from the back and stated their regret at not participating. Well, I gave the long and short swords that I had won to a local samurai from there named Takahashi Heiemon. I told him “I will be spending all of my time drifting and working around other provinces, and I may come back so be a witness for what happened here!” Yet how quickly even children of the next generation have no knowledge of this incident.

I departed Tosa in the sixth year of Keichō [1601].3.3 together with Maeda Kyūemon. We went to Masaki in Iyo province to stay with Katō Yoshiaki. Hōno Saburōemon sponsored us so that we could ask Yoshiakira’s house elder Tsukuda Jirōbei for employment. Around that time they constructed a new castle [in the east] near the borders of Awa, Sanuki and Tosa provinces at a place called Kawanoe in Uma county of Iyo province. Kawamura Gonshichi was appointed castellan. Maeda Kyūemon and I were assigned to Gonshichi’s unit, and we went to Kawanoe in the same year 4.26. Gonshichi’s fief was 6,500 koku. Kawanoe was about eighty-four kilometers away from Katō Yoshiakira’s castle at Masaki.

In the same year [1601] 8.16 one of Kawamura Gonshichi’s servants committed a crime and ran off. Twenty-six people were assigned to hunt him down towards Awa, Sanuki and Tosa provinces. They were divided up into groups of three to five and sent out to chase him down. Yagi Kuzaemon and I went into Sanuki province. At Ōji village Kuzaemon entered by the high road and I entered by the coast. Happily I encountered the servant near the coast and captured him, and then took him back to Kawanoe. On that day I received a stipend of fifteen koku of rice so I could maintain a horse. Near the end of that year Akiyama Kahei sponsored me to marry into Terao Kiemon’s house as adopted heir. Kiemon had a number of recognized feats of arms and was someone I knew about. At the time I was called Fukutomi Den’emon.

{264} 8. The Buke Shohatto of 1615⁶⁰

Following his victory over Toyotomi Hideyoshi’s supporters, Tokugawa Ieyasu (1543–1616) issued the laws to the court and warriors. The latter, directed to warriors, are translated here. The laws set the foundation for the Tokugawa regime and regulated the regime and culture for the next two and a half centuries.

Item (1). Warriors should devote themselves to civil and military affairs, archery, and horsemanship.

Item (2). Drinking in groups and carousing is prohibited.

Item (3). Lawbreakers should not be hidden or protected in the provinces.

Item (4). Great lords (daimyō), lesser lords (shōmyō) of various provinces, and anyone who receives benefice⁶¹ should not shelter any soldiers who were reported to have rebelled or committed murder. Such soldiers should instead be dispelled from that province (domain).⁶²

Item (5). From now on, people from other domains should not live in your domain.

Item (6). Lords may repair the castle in which they live, but only after being granted permission to do so. It goes without saying that new construction is prohibited.

Item (7). Those who plot⁶³ with groups in neighboring provinces must be immediately reported.

Item (8). Self-selected marriages⁶⁴ are prohibited.

Item (9). Daimyō lords should follow established custom when they service in Edo.

Item (10). Clothing conventions must not be confused.⁶⁵

Item (11). Low-ranking people (zōnin) should not ride in palanquins.

Item (12). Samurai of the various provinces shall practice frugality.

Item (13). “Lords of the Provinces” (kokushu) should select men of ability.

{265} 9. The Revised Buke Shohatto of 1635

The original codes were clarified and expanded upon in 1635 by Tokugawa Ieyasu’s grandson Iemitsu (1604–51). The revised codes clearly stipulated the principle of alternate attendance in Edo.

Item (1). Warriors should devote themselves to civil and military affairs, archery, and horsemanship.

Item (2). Great lords (daimyō) and lesser lords are to serve in Edo alternatively. They should proceed there in the fourth month of every year. Recently the excessive number of followers attending to this duty has created a burden on the provinces and districts and become a source of hardship for the people. These numbers should be reduced commensurate with their status in the future. But when visiting the capital, the daimyō should still follow orders and dutifully perform the public [military] service in accordance with their status or resources.

Item (3). The construction of a new castle is strictly prohibited. If the moats or stone walls of castles require repair, the daimyō should contact the magistrates’ office and receive permission for repairs. Castle towers, walls, and gates should be repaired in accordance with precedent.

Item (4). If some disturbance arises in Edo or the provinces, people of the affected provinces (domains) should remain there and follow our orders.

Item (5). Only officials should attend executions. Nevertheless, all matters of attendance depend on officials’ judgments.

Item (6). Forming plots⁶⁶ and swearing oaths with a group is strictly prohibited.

Item (7). The lords of various provinces or domains should be careful and not engage in quarrels. Magistrates should be notified of any lingering disputes.

Item (8). Lords of provinces or castles, warriors controlling over ten thousand koku⁶⁷ of revenue, personal attendants, and unit leaders (monogashira) should not establish marriages on their own.

Item (9). Recently the following have become excessive: ceremonial visits, the exchange of goods, weddings, banquets, and the construction of new residences. These are to be curtailed from now on; frugality should be practiced in all matters.

{266} Item (10). Styles of clothing should not be mixed. Undyed patterned silk (shiro-aya) can be worn only by the high nobility and above. White silk robes (kosode) can be worn only by those with the rank of taifu (grandee).⁶⁸ Purple-lined robes, white glossy silk robes, or robes with no crests must not be worn without good reason. The old regulations do not expressly grant the followers and warriors of a given house permission to wear silk, damask, or brocade embroidery; therefore, they may not wear these items.

Item (11). Those who may ride palanquins: high-ranking people of Tokugawa lineage, lords of provinces, lords of castles, warriors possessing over ten thousand koku, the sons of provincial lords, the heirs of lords of castles, the heirs of those with the rank of adviser (jijū) or higher, anyone over fifty years of age, doctors or yin-yang specialists, and sick people. Only these people may ride in palanquins; any violation (ransui) is prohibited. Nevertheless, anyone who has been given special permission to ride palanquins can do so. In each province, people from notable houses can be selected to ride in palanquins. Of course, these regulations do not apply to nobles, members of the monastic nobility (monzeki), and other high-ranking monks.

Item (12). Anyone who has had troubles with their original lords should not be employed by others. If a retainer is discovered to be a rebel or murderer, they must be returned to their original lord. Any uppity retainers should be returned to their original lord or banished.

Item (13). A lord must receive a magistrate’s permission before banishing or executing his followers who provided hostages to the bakufu.⁶⁹ If a hostage is cut down unavoidably in the heat of the moment, details of the incident must be reported to a magistrate.

Item (14). Local administration must be fair and impartial. Illegalities⁷⁰ are prohibited; otherwise, the provinces and districts will decay.

Item (15). Do not block roads or bridges, hinder the passage of station horses or boats, or otherwise interfere with traffic.

Item (16). Do not create private toll barriers or create new regulations that interfere with the circulation of goods.

Item (17). Ships capable of transporting over five hundred koku of cargo are prohibited.

{267} Item (18). Temples and shrines have possessed lands in the provinces since ancient times; they should not be confiscated.

Item (19). The laws of Edo should be followed in all matters and in all provinces and places throughout Japan.

10. Kumazawa Banzan, “Abolition of the Separate Soldier Class”⁷¹

Kumazawa Banzan (1619–91) astutely criticized the removal of samurai from the land, and the burdens of alternate attendance as enervating the military power of Tokugawa domains. He realized that for a region to be powerful, warriors needed to reside on the land, while peasants had to be prepared to fight for the domain. These conditions were only met in the largest tozama domains. Banzan justified these policies according to the Confucian-inspired notion of jinsei, or benevolent government.

Chapter XII: Abolition of the Separate Soldier Class

Question: For a long time there have been two classes of subjects, the samurai (soldiers) and the farmers. Is it not possible to join them again into one class as in olden times?

Answer: If the Way of reason does not prevail, it will be hard to do. If the Way does prevail, it will be easy. Even a lord of benevolent and receptive heart, if he should govern with laxity and inefficiency, could hardly expect to reunite them. That would not be the jinsei to which I have referred.

Question: What do you mean by laxity and inefficiency?

Answer: Even though all the daimyō were ordered to conform to the old rule of living at Yedo [Edo] fifty days during every three years, if they were at liberty, at other times, to lead a life of extravagance, it would be a case of “winning in the East and losing in the West” there would be no net gain. The benevolent policy of which I have spoken can be effectively carried out by command of the Government, just as a father directs his family affairs. After the Government has investigated and found that it had even more grain than it could store, it could easily return rice to the farmers and soldiers, and thereby greatly please them.

{268} First of all, let the Government adjust the debts of the people, returning mortgaged rice-fields to their owners, and buying back the fields at the original price, so as to return them to the sellers. Then most of the rice-fields bought should go back to a small number of sellers. But if the number of the rice-fields sold is larger than the number of buyers, then the fields should go to the buyers. Next, let the samurai live among the farmers and release the farmers from a tenth of the tribute ordinarily due, and gradually this would lead to a larger tax reduction. The backwardness of the farmers is due to their separation from the samurai. Therefore, let the samurai stick to residence in the country districts, always remembering that the people from generation to generation, in life and in death, are their hereditary vassals, for whose betterment they ought to be solicitous. In time of war, let the samurai take the farmers with them to the battlefield, but not too many of them in ordinary times. Two or three will be enough.

When the samurai are not on guard or official duty, and go to visit other samurai in nearby towns and villages, let them enter by the kitchen and talk and avoid being treated as guests. This will save time and expense. If they do a little farming and weed the garden, it will be recreation for themselves and lend a helping hand to the villeins. But it better fits samurai to hunt in the mountains and fish in the streams, regardless of rain and wind, to cultivate martial and literary arts, and to guard the lord’s castle in time of need. These various duties should be defined in rules drawn up as occasion demands.

When a samurai of higher rank has many children he may not have enough property to go around among them. The time may come when their descendants will have to become samurai farmers, paying taxes at the rate of one-tenth of their income.

The duties of commissioners of the Shōgun (bugyō) and deputies (daikan, higher representatives) are important, but nowadays some deputies cannot control the people, and it may be well for a general commander of retainers and a company captain to divide responsibility for a number of villages and hamlets, and become in a real sense deputies of the Shōgun.

Question: A lord of a castle of 100,000 koku, a medium-sized fief, would pay a tax of 50,000 koku at the rate of 50 per cent, or 10,000 koku at the rate of ten per cent. Is it right for him to pay as much as 50 per cent?

Answer: The tax of 50,000 koku of rice really becomes a 40 per cent tax, when the 10,000 koku stored for food and reserve has been deducted. This is not enough to pay the expense of living at Yedo. If he borrows and runs into debt, he must pay the interest and pile up a larger debt. Gradually the family estate will be mortgaged and they will be guilty of such inhumanities as turning out retainers. If jinsei were applied, and a daimyō were to spend at Yedo fifty days during every three years, returning to the old rule, then he could save 1,000 koku a year, which would be {269} 3,000 koku in three years, an amount ample to meet the expense of the Yedo service. A reserve of 9,000 koku of rice laid by each year is more than he would need. A good way to save expense on castle maintenance would be to summon men from the surrounding villages to serve as guards, the only expense being their rations. The castle would he well protected in fact by the central and second citadels, so that a tenth of the present samurai living quarters would suffice. The area thus cleared could he turned into rice-fields, which would benefit both samurai and commoners. The larger compounds should be given to the samurai who are serving in the castle. Let them plant bamboo hedges across the fronts, and mulberry trees along the side boundaries, so that their wives and children can raise silkworms.

Question: What shall be done with the daimyō around Yedo (within the barrier)?

Answer: It may be all right for them to cultivate the soil in Yedo like farmer-samurai. Under jinsei, all the daimyō would be held in check, and their mothers, wives and children would be sent back to their respective provinces. Then one mansion in Yedo would suffice for a daimyō, and one-tenth of the present tributary buildings would he enough for all needs. All of the direct feudatories of the Shōgun (hatamoto), and the others of high rank should return to their respective domains. A general should be despatched to command the guard of the Shogunal treasury. The wide area in Yedo left vacant by the removal of the unnecessary buildings could be used for rice-fields, if there were a plentiful water-supply, and if level, they could he flooded. Realizing the peace and happiness of the life of a farmer-soldier, there may be many samurai of lower rank who would like to go to such farms.

Schools should be established where the duties of superior and inferior would be taught and the character of the people be improved. The carrying out of this plan calls for consultation. Let the samurai officials be given mansions with large grounds on the four sides of the castle, with hedges along the front, and mulberry trees along the back boundary, and they will always enjoy a pleasing landscape. The foreman of the lower workers should withdraw them five or ten ri away from the castle, but they should be brought back to act as guards around the castle during fifty or a hundred days a year. The use of the bow and the musket and the art of fighting should be taught, especially to the guards. They should go to school and learn the Way of virtue, so that they would do their duty gladly.

Three hundred able samurai, far removed from their wives and children, are worth more than a thousand samurai with their wives and children around them at the castle town.

If peace prevails as a result of jinsei, there is nothing to be anxious about, but military preparations and literary studies must never be forgotten, lest virtue and culture should suffer.

{270} Question: After the situation has been examined and the ten per cent rate of tribute has been restored, is there no danger that the Government stores of rice would run short?

Answer: In the present state of things, there is no advantage in giving the rice either to the various daimyō or to the higher officers of the Shogunate. Nor would it help to let the common people waste it. If it were withheld from high and low alike, the Shogunate would have plenty. If the Shogunate should run short, then let the old regulation be revived by which daimyō had to pay one-fiftieth of their income as tribute during the two years they stayed at home. Let the matter be adjusted after due investigation. The old requirement would mean a tribute of two hundred koku out of an income of ten thousand koku, and two thousand koku out of an income of 100,000. There might be some additional tax on miscellaneous income.

The guard for Kyoto, Ōsaka and Suruga should be abolished; the number of temples and shrines should be reduced and repairs be made only after close scrutiny. By these means the Government expenses could he reduced. Men of character should be given appropriate posts, and if perchance the Government lacks the means to pay them, then all the daimyō should confer and somehow find a way to do it. Even if the daimyō were reimbursed by the Government for most of their official expenses, a slightly higher rate of tribute would yield enough to pay them. When the Shōgun treats the daimyō like his sons, then the daimyō will regard him as their own father.

Question: If it is true that wealth should he used to develop the country until storage space for the harvest runs short, will the Government always have enough?

Answer: National wealth is to be used for the whole people. If overflowing harvests are used for culture and martial equipment, there will never be lack. After everything has been regulated, poverty and distress will cease, and wealth will not be wasted. When the old system of farmer-soldiers is restored and a tribute of one-tenth is paid, and wealth is used for the sake of the people, their hearts will he won. When plenty prevails and it is the custom to spend wealth with kindness and sympathy, then the people will know no lack. When the samurai become farmer-soldiers, the martial spirit of the nation will be greatly strengthened and it will deserve to be called the country of samurai. Since the samurai and farmers became separate classes, the samurai have fallen sick and become weak in hands and feet. It avails nought to boast if the warrior plays out when he confronts an enemy or if he dies of disease. His young retainers of lower rank will lose all respect for such a samurai and want to quit the service in a year. This will surely weaken the military forces. On the whole, a noble and lasting social order can only be built on a farmer-samurai basis. Now is the time to restore the farmer-soldier of olden times.

1. Elisonas and Lamers, trans. The Chronicle of Lord Nobunaga, 204, 222, 224–27.

2. The term takokushū, literally “those from other provinces,” in principle, denotes samurai who had subjected themselves in vassalage to Nobunaga after his march on Kyoto, as opposed to men from Owari and Mino provinces, who formed the inner core of his vassal group.

3. The site of Nagashino Castle is found in what now is Ichiba, Nagashino, Shinshiro City, Aichi Prefecture. Takeda Katsuyori had encircled the fortress by 5/11.

4. Ushikubo now is a township of Toyokawa City, Aichi Prefecture. Nodahara evidently indicates a field outside Noda Castle, which was located in what now is Toyoshima, Shinshiro City, about eleven kilometers to the southwest of Nagashino Castle. Shitara refers to the vicinity of Hirai and Kami Hirai, Shinshiro City. The Gokurakuji site lies about five kilometers to the west of the site of Nagashino Castle.

5. The stream that flows on the south of Arumihara from east to west, then known as the Norimoto River, now is called the Toyokawa. The Takisawa River now is called the Kansagawa and considered to be the headwaters of the Toyokawa. Accordingly, the Arumihara battlefield can be defined in present-day terms as the open space that extended to the north of the Toyokawa and the west of the Kansagawa. The river now called the Uregawa, which joins the Kansagawa immediately below the site of Nagashino Castle, was formerly also known by the name Norimotogawa but no longer is; in short, that name has gone out of use entirely. Mount Tobinosu, 150 meters high, is situated in the Norimoto area of Shinshiro City, about eight hundred meters as the kite flies to the southeast of the Nagashino Castle site, on the opposite side of the Uregawa. Mount Hōraiji, 695 meters high, is situated in the Kadoya area of Shinshiro City, about twelve kilometers to the northeast of the castle site.

6. Obata Shigesada was the castellan of Kunimine, located in what now is Kunimine, Kanra Township, Gunma Prefecture.

7. Tsukude is a large, mountainous area that occupies much of the western part of what now is Shinshiro City; Damine now is part of Shitara Township of Aichi Prefecture; and Busechi was located in the area of what now are Busetsu and Inabu townships of Toyota City.

8. The text breaks here. [TDC]

9. Subject of this sentence is missing. [TDC]

10. Shōyōken: Takeda Shingen’s younger brother Takeda Nobukado (alias Nobutsuna).

11. Tenkyū: Takeda (not Hosokawa) Tenkyū, that is, Nobutoyo, the son of Shingen’s younger brother Nobushige.

12. Wakayama kenshi chūei shiryō vol. 2 (Wakayama 1983) Honganji Saginomori betsuin monjo, doc. 14, 10.11 Shimotsuma Yorikane shojō, 427–28. Translated by Thomas Conlan with Horikawa Yasufumi.

13. Matsunaga Hisahide betrayed Nobunaga on 8.17.1577.

14. Depending on the time, between 9 and 11 p.m. or 10 to 12 p.m.

15. Rennyo of Honganji. The reference to a sealed document (goinpan) could also potentially refer to a document from the shogun Ashikaga Yoshiaki, who was directing anti-Nobunaga resistance, but the overall context makes the designation of Rennyo more plausible.

16. This refers to the battle of Tedorigawa in Kaga Province on 9.23.1577. During this battle, Uesugi Kenshin, allied with Honganji and Ashikaga Yoshiaki, defeated the armies of the Oda Nobunaga. This happened after the fall of Nanao castle.

17. The battle of Nanao, in Noto, lasted from late in 1576 through the ninth month of 1577, and resulted in the defeat and annihilation of the Noto Hatakeyama.

18. The Saika sub-temples, also known as Saginomori betsuin, were where the Saika, a group of local warriors, discussed matters in their executive body, or sō.

19. Dainihon komonjo Iewake 11, Kobayakawa ke monjo, vol. 1, doc. 503, Toyotomi Hideyoshi sadamegaki, pp. 479–81. See also Dainihon komonjo iewake 16 Shimazu ke monjo, vol. 1, doc. 353, Toyotomi Hideyoshi sadamegaki, 348–49, and vol. 2, doc. 773, Toyotomi Hideyoshi sadamegaki, 111–12. Translated by Thomas Conlan with Horikawa Yasufumi.

20. The Cosmic Buddha, Rushana, at Tōdaiji. For more on this, see “Five Swords,” particularly swords 3–4.

21. Literally, in foreign courts.

22. Emperor Yao, one of the first rulers of China, who was famed for his benevolent rule, and the fact that he was a simple farmer.

23. The final phrase “do not be negligent” appears in the Shimazu versions of this document, but not the Kobayakawa record.

24. Dainihon komonjo iewake 8, Mōri ke monjo, vol. 3, doc. 935, Toyotomi Hideyoshi hatto, 216–17, Dainihon komonjo iewake 11, Kobayakawa ke monjo, vol. 1, doc. 504, Toyotomi Hideyoshi hatto, 481–82, and Dainihon komonjo iewake 2 Asano ke monjo, doc. 258, Toyotomi Hideyoshi shūinjō, 456–57. Translated by Thomas Conlan with Horikawa Yasufumi.

25. This explanation is indebted to Takagi Shōsaku, Nihon kinsei kokka no kenkyū, 279.

26. Samurai here specifically refers to lower-ranking warriors who served a lord, and not the generic term for warriors it would become in the Tokugawa era (1603–1867).

27. Kyūnin refers to those who were given lands by Hideyoshi, whereas daikan were representatives who managed Hideyoshi’s lands on his behalf.

28. The daikan and the kyūnin.

29. Jansen, M. B. “Tosa in the Sixteenth Century: The 100 Article Code of Chōsokabe Motochika,” Oriens Extremus 10:1 (1963), pp. 95–108. [The works cited in this article are not listed in the bibliography. TDC]

30. Earlier instructions here declared still in force doubtless refer to ordinances issued by Kira, Ichijō, Hosokawa, and similar authorities, as well as earlier shogunal conventions. They are mentioned in a total of six other articles (2, 14, 31, 45, 58, 75) covering a wide range of subject matter.

31. Father and son the Chōsokabe, who had for a time held the office of Temple bugyō, exerted themselves to protect, restore, and regulate the Buddhist establishments under their control; they both entered orders toward the end of their lives.

32. Motochika took his duties to Hideyoshi very seriously and, in provision of wealth, lumber, or armies, showed his respect for kōgi matters of state.

33. Of muskets, in which the Tosa armies were far behind their Honshū contemporaries, Yamamoto writes, “Muskets were first ordered from other provinces, but from Keichō years (1596 on) there were workers known as musket blacksmiths. Manufacture was not restricted within the retainer corps, but it was absolutely forbidden to non-(Tosa) nationals; orders had to be reported, and secret manufacture was a crime punishable by death,” Chōsokabe Motochika, 210. Inoue notes that the above-mentioned military code has never been found. Chōsokabe okitegaki no kenkyū, 438.

34. In these three articles one finds much of the Tokugawa ethic incorporated; emphasis on status, itself as yet imperfectly worked out in Tosa, emphasis on the study of books and civilized and military arts, respect for Buddhist teachings, and encouragement in the struggle for distinction and achievement in walks secular and religious. And, as the last shows, respect for Buddhist teachings did not necessarily extend to Buddhist clerics; no doubt it also reflected experience as tera bugyō.

35. Throughout these pages the distinction between the san bugyō, a group with overall responsibility chosen from the top karō families, and the sho bugyō, officials with specific responsibilities who numbered, according to one source, 138, is suggested by rendering the former as commissioners and the latter as magistrates. It is possible, however, that the code may in places mean one of the three instead of one of the 138 when it says only bugyō. For make-up, remuneration, and duties of bugyō, see Inoue, 380–94. Shōya normally supervised a single village, but where feasible and appropriate they might administer several, while a large population might justify appointment of two or three shōya. A late sixteenth-century account credits Chōsokabe Tosa with 174 shōya and 63 tone, the comparable office for coastal (fishing) villages. Inoue, 398–403.

36. Here, as in civil suits for commoners, the administrators made every attempt to have cases settled out of court, since they had no particular interest in the outcome and much preferred the compromise settlement consonant with Confucian harmony. For persistence of this, Dan F. Henderson, Patterns and Persistence of Traditional Procedure in Japanese Law, unpublished dissertation, University of California Berkeley, 1955.

37. Hikan was originally a designation of subordination, with jitō acting as hikan of the shugo. The term gradually came to have a more specific connotation of semi-free, indentured service, and signified the hands whereby the extended family carried out agriculture on the tezukuri system. In the above instance, hikan are sent off to perform the labor.

38. Punishment, seibai, could include death, Inoue, op. cit., p. 132.

39. Jitō, which is used six times in the Code (29, 47, 52, 60, 72, 79), meant little more than enfeoffed proprietor in this period, and seems to have been interchangeable with chigyō samurai, kyūnin. Inoue discusses variant interpretations.

40. Yamamoto, noting the instructions to retainers in the Tenshō shikimoku of 1574 to “develop arts such as dancing (rambu), flute and drum, football, and tea; you should be ashamed to feel inferior on visits to other provinces,” suggests that such efforts to popularize the culture of the Kyoto nobility among the ruling class were accompanied by the modest numbers of itinerant performers who toured the countryside. “The attainments of the commoners did not reach a very high level, but this (article 34) illustrates the general trend of the period.” Chōsokabe Motochika, 22.

41. The word here is matahikan. Mata (“again, next”) was a prefix added to terms for petty retainers to indicate they were attached to rear vassals, baishin, e.g., matahikan, matakomono, matawakato. Inoue, p. 186 foll.

42. Tokusei, here rendered as “special decree,” was normally an edict canceling retainer debts; in this instance, it permits alienation of land already registered in another’s name, and hence also constitutes special intervention in the retainer’s interest. Inoue, 281; for discussion of the fact that both retainers and the daimyō himself purchased land, Yokogawa, “Hisatake Kuranosuke,” loc. cit.

43. It is not surprising that sixteenth-century Japan, in which land was the chief form of wealth, had a vocabulary rich in terms to indicate degrees of ownership and tenure. The terminology adopted above is for the terms kyūchi (permanently alienated land), honmono conditional transfer, which can return to the principal (hon) owner, and toshige, at present “yield,” but then used in the sense of land “purchased” under an arrangement whereby the seller-borrower paid interest and principal in kind from the fields, so that after a given period of time—usually ten years—it returned into his possession. Violation of this “option” would presumably result in loss of land. Furthermore, the sudden use of the word fief (chigyō) halfway through the article makes it clear that Motochika’s concern here lies with his samurai, probably with the ichiryō gusoku. It may be noted that this article is included in a volume of excerpts from feudal land law by the Ministry of Agriculture (Dai Nihon Nōshi, Tōkyō, 1891, II, p. 156, 7). The net effect of these regulations would be to discourage and slow alienation of land so that the article is, as Inoue (p. 287) points out, a step in the progress toward the Tokugawa prohibitions on alienation of any kind.

44. “Although the Chōsokabe were unable to make a really thorough change,” Yamamoto writes, “their aim, as seen in Motochika’s Article 47, must surely have been to change the nature of the ichiryō gusoku, protect their fief holders, and build a new retainer corps on the basis of the separation of soldiers and farmers,” Chōsokabe seiken no henshitsu to ichiryō gusoku, loc. cit., p. 74.

45. Salt fields, shiota, can refer either to salt flats or reclamation of marsh land. Around Urado much reclamation took place, and, as can be seen, its profits ended in the daimyō’s coffers. Tanmai was a tax levied on rice paddies in addition to the regular tax.

46. Kichimai, standard paddy rice, was superior to taimai, a southern, soft rice with higher yield. Kichi was considered synonymous with rice, and paddy land was often referred to as kichi chi. See the articles by Yamamoto Takeshi, in Nihon rekishi daijiten (Tōkyō, 1956), vol. 5, p. 316, and Vol. 12, p. 69.

47. In this article one sees Motochika following Hideyoshi’s orders for standardization of weights and measures. The kyōmasu koku was more than 10% smaller than that earlier in use, and the unit measure also smaller, so that the traditional generalization that Hideyoshi’s smaller unit measure meant higher taxes requires further examination in the case of Tosa.

48. Both the tanmai and the tithe (jūbunichi) were traditional taxes continued Chōsokabe; the former had its origins in a tax on paddies inaugurated by Kamakura shugo and was designed as additional income for enfeoffed retainers, while the tithe survived into Tokugawa times as an impost on goods and especially shipping. Yokogawa discusses the tanmai and related problems in Ōsato shō no kenkyū, p. 187–91.

49. As was noted above Motochika’s efforts to attract merchants and artisans to his castle town were not very successful, and it is apparent in this article that the Code is directed largely to goyō shōnin, merchants favored by the regime, as it is the magistrates who make the key decisions about quality and pay.

50. This important article shows gradations of tenure and dependence among non-samurai. The first case, of the man who leases land from another, finds the Code giving the tenant substantial rights provided he has had no record of punishment; it represents, in other words, a step toward an undifferentiated body of agriculturalists. Yet the tenant is still subordinate (hikan), as seen from the compulsion on his landlord the tenant is still subordinate (hikan), as seen from the compulsion on his landlord (shunin) to pay his tax to the enfeoffed proprietor (jitō). On the bottom rung, the landless laborer (mōto) gets less consideration, and the concluding phrase (for the interpretation of which this follows Inoue, p. 309) seems to protect the fief holder against loss. Yamamoto discusses this article at some length in “Chōsokabe seiken - ,” Nihon Rekishi, loc. cit., p. 73–74. A general view of stratification in village life of the period can be found in T. C. Smith, “The Japanese Village in the 17th Century,” Journal of Economic History, XII, 1, (1952).

51. Alternatively, the last phrase could refer to selection of a child as heir or of a temporary family head. Inoue, p. 161 and 270, prefers “name a child as heir.” The code, which reads yōshō myodai, permits either construction.

52. This provision would operate both to reinforce the previous article and, more particularly, to guard against the organization and consolidation of new power groups in the countryside. In the fifteenth century contractual agreements among groups of myōshu led to the formation of semi-military bands out of which the ichiryō gusoku developed. For examples drawn from the Ōsato shō, Yokogawa, Ōsato shō no kenkyū, p. 58–62, discussed also by Irimariji, op. cit., 212–13. By the 1590’s, Yamamoto concludes, “it is probable that remnants of the old myōshu alliances had ceased to exist.” “Chōsokabe seiken no henshitsu,” op. cit., p. 75.

53. This separation of rear vassals from direct vassals would contribute both to peace and order and to consciousness of class and status distinctions.

54. Miura Hiroyuki, Hōseishi kenkyū, (Tōkyō, 1924) p. 1089, explains that seals were substituted for hand-written signatures at about this time.

55. These references to official title and office are to the honorific designations awarded by the imperial court, in return for service or payment. For a brief review of the way in which territorial titles like “lord of ...” became separated from place and function, see Inoue, op. cit., p. 164–5. Similarly family names, which had their origin in place, were by this time disassociated and therefore changeable.

56. Dainihon komonjo Kikkawa ke monjo, vol. 1, doc. 138, 9.21 [(Keichō 2/1597)], Hayakawa Nagamasa hoka ni rensho hana uketorijō, 105. Translated by Thomas Conlan.

57. Translated by Luke Roberts.

58. The Chōsokabe name is also transcribed as Chōsogabe.

59. In his translation of the 1597 codes, Jansen transcribes Chōsogabe as Chōsokabe. They are the same family.

60. For the 1615 and 1635 buke shohatto codes (Documents 8–9), see Ishii Shirō, ed., “Buke shohatto,” Kinsei buke shisō, 454–52. Translations by Thomas Conlan with Horikawa Yasufumi.

61. This could refer to any benefit from their lord, be it lands or a stipend.

62. Although the old term for province is used, it refers to domains, which were more fragmented than the older provinces.

63. The term here is shingi, or innovation, which means fomenting rebellion.

64. Marriages privately determined.

65. Status distinctions shall continue to be displayed by distinct clothes.

66. Literally, shingi or innovation.

67. A koku was the nominal amount one grown man required in a year.

68. This generally refers to high-ranking warriors.

69. The Tokugawa wanted to retain authority over those who provided hostages to them. Otherwise, those who provided hostages would only depend on their lord.

70. Presumably this refers to bribery but also local officials placing themselves above the law as well.

71. Kumazawa Banzan, “Abolition of the Separate Soldier Class,” from Fisher, trans., “A Discussion of Public Questions in the Light of the Greater Learning,” in Transactions of the Asiatic Society of Japan, 313–17.