Early moral custom must be coercive custom. But as many habits, at

first painfully formed under compulsion only, become easy through

constant repetition, and at last automatic, so the conduct compelled

through many generations by religious and civil authority, tends

eventually to become almost instinctive. Much depends, no doubt, upon

the degree to which religious compulsion is hindered by exterior

causes,--by long-protracted war, for example,--and in Old Japan there

was interference extraordinary. Nevertheless, the influence of Shinto

accomplished wonderful things,--evolved a national type of character

worthy, in many ways, of earnest admiration. The ethical sentiment

developed in that character differed widely from our own; but it was

exactly adapted to the social requirements. For this national type of

moral character was invented the name Yamato-damashi (or

Yamato-gokoro),--the Soul of Yamato (or Heart of Yamato),--the

appellation of the old province of Yamato, seat of the early

emperors, being figuratively used for the entire country. We might

correctly, though less literally, interpret the expression

Yamato-damashi as "The Soul of Old Japan."

It was in reference to this "Soul of Old Japan" that the great Shinto

scholars of the eighteenth [160] and nineteenth centuries put forth

their bold assertion that conscience alone was a sufficient ethical

guide. They declared the high quality of the Japanese conscience a

proof of the divine origin of the race. "Human beings," wrote

Motowori, "having been produced by the spirits of the two Creative

Deities, are naturally endowed with the knowledge of what they ought

to do, and of what they ought to refrain from doing. It is

unnecessary for them to trouble their minds with systems of morality.

If a system of morals were necessary, men would be inferior to

animals,--all of whom are endowed with the knowledge of what they

ought to do, only in an inferior degree to men."*... [*All of these

extracts are quoted from Satow's great essay on the Shinto revival.]

Mabuchi, at an earlier day, had made a comparison between Japanese

and Chinese morality, greatly to the disadvantage of the latter. "In

ancient times," said Mabuchi, "when men's dispositions were

straightforward, a complicated system of morals was unnecessary. It

would naturally happen that bad actions might be occasionally

committed; but the straightforwardness of men's dispositions would

prevent the evil from being concealed and so growing in extent. So in

those days it was unnecessary to have a doctrine of right and wrong.

But the Chinese, being bad at heart, in spite of the teaching which

they got, were good [161] only on the outside; so their bad acts

became of such magnitude that society was thrown into disorder. The

Japanese, being straightforward, could do without teaching." Motowori

repeated these ideas in a slightly different way: "It is because the

Japanese were truly moral in their practice, that, they required no

theory of morals; and the fuss made by the Chinese about theoretical

morals is owing to their laxity, in practice.... To have learned that

there is no Way [ethical system] to be learned and practised, is

really to have learned to practise the Way of the Gods." At a later

day Hirata wrote "Learn to stand in awe of the Unseen, and that will

prevent you from doing wrong. Cultivate the conscience implanted in

you then you will never wander from the Way."

Though the sociologist may smile at these declarations of moral

superiority (especially as based on the assumption that the race had

been better in primeval times, when yet fresh from the hands of the

gods), there was in them a grain of truth. When Mabuchi and Motowori

wrote, the nation had been long subjected to a discipline of almost

incredible minuteness in detail, and of extraordinary rigour in

application. And this discipline had actually brought into existence

a wonderful average of character,--a character of surprising

patience, unselfishness, honesty, kindliness, and docility combined

with high courage. But only the evolutionist [162] can imagine what

the cost of developing that character must have been.

It is necessary here to observe that the discipline to which the

nation had been subjected up to the age of the great Shinto writers,

seems to have had a curious evolutional history of its own. In

primitive times it had been much less uniform, less complex, less

minutely organized, though not less implacable; and it had continued

to develop and elaborate more and more with the growth and

consolidation of society, until, under the Tokugawa Shogunate the

possible maximum of regulation was reached. In other words, the yoke

had been made heavier and heavier in proportion to the growth of the

national strength,--in proportion to the power of the people to bear

it.... We have seen that, from the beginning of this civilization,

the whole life of the citizen was ordered for him: his occupation,

his marriage, his rights of fatherhood, his rights to hold or to

dispose of property,--all these matters were settled by religious

custom. We have also seen that outside as well as inside of his home,

his actions were under supervision, and that a single grave breach of

usage might cause his social ruin,--in which case he would be given

to understand that he was not merely a social, but also a religious

offender; that the communal god was angry with him; and that to

pardon his fault might [163] provoke the divine vengeance against the

entire settlement. But it yet remains to be seen what rights were

left him by the central authority ruling his district,--which

authority represented a third form of religious despotism from which

there was no appeal in ordinary cases.

Material for the study of the old laws and customs have not yet been

collected in sufficient quantity to yield us full information as to

the conditions of all classes before Meiji. But a great deal of

precious work has been accomplished in this direction by American

scholars; and the labours of Professor Wigmore and of the late Dr.

Simmons have furnished documentary evidence from which much can be

learned about the legal status of the masses during the Tokugawa

period. This, as I have said, was the period of the most elaborated

regulation. The extent to which the people were controlled can be

best inferred from the nature and number of the sumptuary laws to

which they were subjected. Sumptuary laws in Old Japan probably

exceeded in multitude and minuteness anything of which Western legal

history yields record. Rigidly as the family-cult dictated behaviour

in the home, strictly as the commune enforced its standards of

communal duty,--just so rigidly and strictly did the rulers of the

nation dictate how the individual--man, woman, or child--should

dress, walk, sit, [164] speak, work, eat, drink. Amusements were not

less unmercifully regulated than were labours.

Every class of Japanese society was under sumptuary regulation,--the

degree of regulation varying in different centuries; and this kind of

legislation appears to have been established at an early period. It

is recorded that, in the year 681 A.D., the Emperor Temmu regulated

the costumes of all classes,--"from the Princes of the Blood down to

the common people,--and the wearing of headdresses and girdles, as

well as of all kinds of coloured stuffs,--according to a scale."* [*

See Nihongi Aston's translation, Vol. II, pp. 343, 349, 350.] The

costumes and the colours to be worn by priests and nuns had been

already fixed, by an edict issued in 679 A.D. Afterwards these

regulations were greatly multiplied and detailed. But it was under

the Tokugawa rulers, a thousand years later, that sumptuary laws

obtained their most remarkable development; and the nature of them is

best: indicated by the regulations applying to the peasantry. Every

detail of the farmer's existence was prescribed for by law,--from the

size, form, and cost of his dwelling, down even to such trifling

matters as the number and the quality of the dishes to be served to

him at meal-times. A farmer with an income of 100 koku of rice--(let

us say 90 to 100 pounds per annum)--might build a house 60 feet long,

but no longer: he was forbidden to construct it with a room

containing an alcove; and he was not [165] allowed--except by special

permission--to roof it with tiles. None of his family were permitted

to wear silk; and in case of the marriage of his daughter to a person

legally entitled to wear silk, the bridegroom was to be requested not

to wear silk at the wedding. Three kinds of viands only were to be

served at the wedding of such a farmer's daughter or son; and the

quality as well as the quantity of the soup, fish, or sweetmeats

offered to the wedding-guests, were legally fixed. So likewise the

number of the wedding-gifts: even the cost of the presents, of

rice-wine and dried fish was prescribed, and the quality of the

single fan which it was permissible to offer the bride. At no time

was a farmer allowed to make any valuable presents to his friends. At

a funeral he might serve the guests with certain kinds of plain food;

but if rice-wine were served it was not to be served in

wine-cups,--only in soup-cups! (The latter regulation probably

referred to Shinto funerals in especial.) On the occasion of a

child's birth, the grandparents were allowed to make only four

presents (according to custom),--including "one cotton baby-dress";

and the values of the presents were fixed. On the occasion of the

Boy's Festival, the presents to be given to the child by the whole

family, including grandparents, were limited by law to "one

paper-flag," and "two toy-spears." ... A farmer whose, property was

assessed at 50 koku was forbidden to [166] build a house more than 45

feet long. At the wedding of his daughter the gift-girdle was not to

exceed 50 sen in value; and it was forbidden to serve more than one

kind of soup at the wedding-feast.... A farmer with a property

assessed at 20 koku was not allowed to build a house more than 36

feet long, or to use in building it such superior qualities of wood

as keyaki or hinoki. The roof of his house was to be made of

bamboo-thatch or straw; and he was strictly forbidden the comfort of

floor-mats. On the occasion of the wedding of his daughter he was

forbidden to have fish or any roasted food served at the

wedding-feast. The women of his family were not allowed to wear

leather sandals: they might wear only straw-sandals or wooden clogs;

and the thongs of the sandals or the clogs were to be made of cotton.

The women were further forbidden to wear hair-bindings of silk, or

hair-ornaments of tortoise-shells; but they might wear wooden combs

and combs of bone--not ivory. The men were forbidden to wear

stockings, and their sandals were to be made of bamboo.* [*There are

sandals or clogs made of bamboo-wood, but the meaning here is

bamboo-grass.] They were also forbidden to use sun-shades

--hi-gasa--or paper-umbrellas.... A farmer assessed at 10 koku was

forbidden to build a house more than 30 feet long. The women of his

family were required to wear sandals with thongs of [167]

bamboo-grass. At the wedding of his son or daughter one present only

was allowed,--a quilt-chest. At the birth of his child one present

only was to be made: namely, one toy-spear, in the case of a boy; or

one paper-doll, or one "mud-doll," in the case of a girl... As for

the more unfortunate class of farmers, having no land of their own,

and officially termed mizunomi, or "water-drinkers," it is scarcely

necessary to remark that these were still more severely restricted in

regard to food, apparel, etc. They were not even allowed, for

example, to have a quilt-chest as a wedding-present. But a fair idea

of the complexity of these humiliating restrictions can only be

obtained by reading the documents published by Professor Wigmore,

which chiefly consist of paragraphs like these:--

"The collar and the sleeve-ends of the clothes may be ornamented with

silk, and an obi (soft girdle) of silk or crepe-silk may be worn--but

not in public." ...

"A family ranking less than 20 koku must use the Takeda-wan (Takeda

rice-bowl), and the Nikko-zen (Nikko tray).".. (These were utensils

of the cheapest kind of lacquer-ware.)

"Large farmers or chiefs of Kumi may use umbrellas; but small farmers

and farm-labourers must use only mino (straw-raincoats), and broad

straw-hats." ...

These documents published by Professor Wigmore contain only the

regulations issued for the daimiate of Maizuru; but regulations

equally [168] minute and vexatious appear to have been enforced

throughout the whole country. In Izumo I found that, prior to Meiji,

there were sumptuary laws prescribing not only the material of the

dresses to be worn by the various classes, but even the colours of

them, and the designs of the patterns. The size of rooms, as well as

the size of houses, was fixed there by law,--also the height of

buildings and of fences, the number of windows, the material of

construction.... It is difficult for the Western mind to understand

how human beings could patiently submit to laws that regulated not

only the size of one's dwelling, and the cost of its furniture, but

even the substance and character of clothing,--not only the expense

of a wedding outfit, but the quality of the marriage-feast, and the

quality of the vessels in which the food was to be served,--not only

the kind of ornaments to be worn in a woman's hair, but the material

of the thongs of her sandals,--not only the price of presents to be

made to friends, but the character and the cost of the cheapest toy

to be given to a child. And the peculiar constitution of society made

it possible to enforce this sumptuary legislation by communal will;

the people were obliged to coerce themselves! Each community, as we

have seen, had been organized in groups of five or more households,

called kumi; and the heads of the households forming a kumi elected

one of their number as kumi-gashira, or group-chief, directly [169]

responsible to the higher authority. The kumi was accountable for the

conduct of each and all of its members; and each member was in some

sort responsible for the rest. "Every member of a kumi," declares one

of the documents above mentioned, "must carefully watch the conduct

of his fellow-members. If any one violates these regulations, without

due excuse, he is to be punished; and his kumi will also be held

responsible." Responsible even for the serious offence of giving more

than one paper-doll to a child! ... But we should remember that in

early Greek and Roman societies there was much legislation of a

similar kind. The laws of Sparta regulated the way in which a woman

should dress her hair; the laws of Athens fixed the number of her

robes. At Rome, in early times, women were forbidden to drink wine;

and a similar law existed in the Greek cities of Miletus and

Massilia. In Rhodes and Byzantium the citizen was forbidden to shave;

in Sparta he was forbidden to wear a moustache. (I need scarcely

refer to the later Roman laws regulating the cost of marriage-feasts,

and the number of guests that might be invited to a banquet; for this

legislation was directed chiefly against luxury.) The astonishment

evoked by Japanese sumptuary laws, particularly as inflicted upon the

peasantry, is justified less by their general character than by their

implacable minuteness,--their ferocity of detail.... [170] Where a

man's life was legally ordered even to the least particulars,--even

to the quality of his foot-gear and head-gear, the cost of his wife's

hairpins, and the price of his child's doll,--one could hardly

suppose that freedom of speech would have been tolerated. It did not

exist; and the degree to which speech became regulated can be

imagined only by those who have studied the spoken tongue. The

hierarchical organization of society was faithfully reflected in the

conventional organization of language,--in the ordination of

pronouns, nouns, and verbs,--in the grades conferred upon adjectives

by prefixes or suffixes. With the same merciless exactitude which

prescribed rules for dress, diet, and manner of life, all utterance

was regulated both negatively and positively,--but positively much

more than negatively. There was little insistence upon what was not

to be said; but rules innumerable decided exactly what should be

said,--the word to be chosen, the phrase to be used. Early training

enforced caution in this regard: everybody had to learn that only

certain verbs and nouns and pronouns were lawful when addressing

superiors, and other words permissible only when speaking to equals

or to inferiors. Even the uneducated were obliged to learn something

about this. But education cultivated a system of verbal etiquette so

multiform that only the training of years could enable any one to

master it. Among the [171] higher classes this etiquette developed

almost inconceivable complexity. Grammatical modifications of

language, which, by implication, exalted the person addressed or

humbly depreciated the person addressing, must have come into general

use at some very early period; but under subsequent Chinese influence

these forms of propitiatory speech multiplied exceedingly. From the

Mikado himself--who still makes use of personal pronouns, or at least

pronominal expressions, forbidden to any other mortal--down through

all the grades of society, each class had an "I" peculiarly its own.

Of terms corresponding to "you" or "thou" there are still sixteen in

use; but formerly there were many more. There are yet eight different

forms of the second person singular used only in addressing children,

pupils, or servants.* Honorific or humble forms of nouns indicating

relationship were similarly multiplied and graded: there are still in

use nine terms signifying "father," nine terms signifying "mother,"

eleven terms for "wife," eleven terms for "son," nine terms for

"daughter," and seven terms for "husband." The rules of the verb,

above all, were complicated by the exigencies of etiquette to a [172]

degree of which no idea can be given in any brief statement.... At

nineteen or twenty years of age a person carefully trained from

childhood might have learned all the necessary verbal usages of

respectable society; but for a mastery of the etiquette of superior

converse many more years of study and experience were required. With

the unceasing multiplication of ranks and classes there came into

existence a corresponding variety of forms of language: it was

possible to ascertain to what class a man or a woman belonged by

listening to his or to her conversation. The written, like the spoken

tongue, was regulated by strict convention: the forms used by women

were not those used by men; and those differences in verbal etiquette

arising from the different training of the sexes resulted in the

creation of a special epistolary style,--a "woman's language," which

remains in use. And this sex-differentiation of language was not

confined to letter-writing: there was a woman's language also of

converse, varying according to class. Even to-day, in ordinary

conversation, an educated woman makes use of words and phrases not

employed by men. Samurai women especially had their particular forms

of expression in feudal times; and it is still possible to decide,

from the speech of any woman brought up according to the old

home-training, whether she belongs to a Samurai family.

[*The sociologist will of course understand that these facts are not

by any means inconsistent with that very sparing use of pronouns so

amusingly discussed in Percival Lowell's "Soul of the Far East." In

societies where subjection is extreme "there is an avoidance of the

use of personal pronouns," though, as Herbert Spencer points out in

illustrating this law, it is just among such societies that the most

elaborate distinctions in pronominal forms of address are to be

found.]

[173] Of course the matter as well as the manner of converse was

restricted; and the nature of the restraints upon free speech can be

inferred from the nature of the restraints upon freedom of demeanour.

Demeanour was most elaborately and mercilessly regulated, not merely

as to obeisances, of which there were countless grades, varying

according to sex as well as class,--but even in regard to facial

expression, the manner of smiling, the conduct of the breath, the way

of sitting, standing, walking, rising. Everybody was trained from

infancy in this etiquette of expression and deportment. At what

period it first became a mark of disrespect to betray, by look or

gesture, any feeling of grief or pain in the presence of a superior,

we cannot know; there is reason to believe that the most perfect

self-control in this regard was enforced from prehistoric times. But

there was gradually developed--partly, perhaps, under Chinese

teaching--a most elaborate code of deportment which exacted very much

more than impassiveness. It required not only that any sense of anger

or pain should be denied all outward expression, but that the

sufferer's face and manner should indicate the contrary feeling.

Sullen submission was an offence; mere impassive obedience

inadequate: the proper degree of submission should manifest itself by

a pleasant smile, and by a soft and happy tone of voice. The smile,

however, was also regulated. [174] One had to be careful about the

quality of the smile: it was a mortal offence, for example, so to

smile in addressing a superior, that the back teeth could be seen. In

the military class especially this code of demeanour was ruthlessly

enforced. Samurai women were required, like the women of Sparta, to

show signs of joy on hearing that their husbands or sons had fallen

in battle: to betray any natural feeling under the circumstances was

a grave breach of decorum. And in all classes demeanour was regulated

so severely that even to-day the manners of the people everywhere

still reveal the nature of the old discipline. The strangest fact is

that the old-fashioned manners appear natural rather than acquired,

instinctive rather than made by training. The bow,--the sibilant in

drawing of the breath which accompanies the prostration, and is

practised also in praying to the gods,--the position of the hands

upon the floor in the moment of greeting or of farewell,--the way of

sitting or rising or walking in presence of a guest,--the manner of

receiving or presenting anything,--all these ordinary actions have a

charm of seeming naturalness that mere teaching seems incapable of

producing. And this is still more true of the higher etiquette,--the

exquisite etiquette of the old-time training in cultivated classes,

--particularly as displayed by women. We must suppose that the

capacity to acquire such manners depends considerably upon

inheritance,--that it could only have [175] been formed by the past

experience of the race under discipline.

What such discipline, as regards politeness, must have signified for

the mass of the people, may be inferred from the enactment of Iyeyasu

authorizing a Samurai to kill any person of the three inferior

classes guilty of rudeness. Be it observed that Iyeyasu was careful

to qualify the meaning of "rude": he said that the Japanese term for

a rude fellow signified "an other-than-expected person"--so that to

commit an offence worthy of death it was only necessary to act in an

"unexpected manner"; that is to say, contrary to prescribed

etiquette:--

"The Samurai are the masters of the four classes. Agriculturists,

artizans, and merchants may not behave in a rude manner towards

Samurai. The term for a rude man is an 'other-than-expected fellow';

and a Samurai is not to be interfered with in cutting down a fellow

who has behaved to him in a manner other than is expected. The

Samurai are grouped into direct retainers, secondary retainers, and

nobles and retainers of high and low grade; but the same line of

conduct is equally allowable to them all towards an

other-than-expected fellow."--[Art. 45.]

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