Tales of Old Japan

by Baron Algernon Bertram Freeman-Mitford Redesdale

The doughty deeds and marvellous experiences of Funakoshi Jiuyémon are perhaps, like those of Robin Hood and his Merry Men, rather traditional than historical; but even if all or part of the deeds which popular belief ascribes to him be false, his story conveys a true picture of manners and customs. Above all, the manner of the vengeance which he wreaked upon the wife who had dishonoured him, and upon her lover, shows the high importance which the Japanese attach to the sanctity of the marriage tie.

The 50th and 51st chapters of the "Legacy of Iyéyasu," already quoted, say: "If a married woman of the agricultural, artisan, or commercial class shall secretly have intercourse with another man, it is not necessary for the husband to enter a complaint against the persons thus confusing the great relation of mankind, but he may put them both to death. Nevertheless, should he slay one of them and spare the other, his guilt is the same as that of the unrighteous persons.

"In the event, however, of advice being sought, the parties not having been slain, accede to the wishes of the complainant with, regard to putting them to death or not.

"Mankind, in whose bodies the male and female elements induce a natural desire towards the same object, do not look upon such practices with aversion; and the adjudication of such cases is a matter of special deliberation and consultation.

"Men and women of the military class are expected to know better than to occasion disturbance by violating existing regulations; and such an one breaking the regulations by lewd, trifling, or illicit intercourse shall at once be punished, without deliberation or consultation. It is not the same in this case as in that of agriculturists, artisans, and traders."

As a criminal offence, adultery was, according to the ancient laws of Japan, punished by crucifixion. In more modern times it has been punished by decapitation and the disgraceful exposure of the head after death; but if the murder of the injured husband accompany the crime of adultery, then the guilty parties are crucified to this day. At the present time the husband is no longer allowed to take the law into his own hands: he must report the matter to the Government, and trust to the State to avenge his honour.

Sacred as the marriage tie is so long as it lasts, the law which cuts it is curiously facile, or rather there is no law: a man may turn his wife out of doors, as it may suit his fancy. An example of this practice was shown in the story of "The Forty-seven Rônins." A husband has but to report the matter to his lord, and the ceremony of divorce is completed. Thus, in the days of the Shoguns' power, a Hatamoto who had divorced his wife reported the matter to the Shogun. A Daimio's retainer reports the matter to his Prince.

The facility of divorce, however, seems to be but rarely taken advantage of: this is probably owing to the practice of keeping concubines. It has often been asked, Are the Japanese polygamists? The answer is, Yes and no. They marry but one wife; but a man may, according to his station and means, have one or more concubines in addition. The Emperor has twelve concubines, called Kisaki; and Iyéyasu, alluding forcibly to excess in this respect as teterrima belli causa, laid down that the princes might have eight, high officers five, and ordinary Samurai two handmaids. "In the olden times," he writes, "the downfall of castles and the overthrow of kingdoms all proceeded from this alone. Why is not the indulgence of passions guarded against?"

The difference between the position of the wife and that of the concubine is marked. The legitimate wife is to the handmaid as a lord is to his vassal. Concubinage being a legitimate institution, the son of a handmaid is no bastard, nor is he in any way the child of shame; and yet, as a general rule, the son of the bondwoman is not heir with the son of the free, for the son of the wife inherits before the son of a concubine, even where the latter be the elder; and it frequently happens that a noble, having children by his concubines but none by his wife, selects a younger brother of his own, or even adopts the son of some relative, to succeed him in the family honours. The family line is considered to be thus more purely preserved. The law of succession is, however, extremely lax. Excellent personal merits will sometimes secure to the left-handed son the inheritance of his ancestors; and it often occurs that the son of a concubine, who is debarred from succeeding to his own father, is adopted as the heir of a relation or friend of even higher rank. When the wife of a noble has a daughter but no son, the practice is to adopt a youth of suitable family and age, who marries the girl and inherits as a son.

The principle of adoption is universal among all classes, from the Emperor down to his meanest subject; nor is the family line considered to have been broken because an adopted son has succeeded to the estates. Indeed, should a noble die without heir male, either begotten or adopted, his lands are forfeited to the State. It is a matter of care that the person adopted should be himself sprung from a stock of rank suited to that of the family into which he is to be received.