A history of the Japanese people

by F. Brinkley; Dairoku Kikuchi

But while sanctioning this evil custom, the tendency of the law was to minimize its results. In another edict of the same reign it was laid down that, when a younger brother of the common people (hyakusei) was sold by his elder brother, the former should still be classed as a freeman (ryomin), but a child sold by its father became a serf (senmin); that service rendered to one of the senmin class by a freeman in payment of a debt must not affect the status of the freeman, and that the children of freemen so serving, even though born of a union with a slave, should be reckoned as freemen. It has been shown already that degradation to slavery was a common punishment or expiation of a crime, and the annals of the period under consideration indicate that men and women of the slave class were bought and sold like any other chattels. Documents certainly not of more recent date than the ninth century, show particulars of some of these transactions. One runs as follows:

Men (nu) 3
Women (hi) 3
—
Total 6

2 at 10000 bundles of rice each
2 at 800 bundles of rice each.
1 at 700 bundles of rice.
1 at 600 bundles of rice.
——-
Total 4900 bundles

1 man (nu) named Kokatsu; age 34; with a mole under the left eye
Price 1000 bundles of rice.
The above are slaves of Kannawo Oba of Okambe in Yamagata district.

Comparison of several similar vouchers indicates that the usual price of an able-bodied slave was one thousand bundles of rice, and as one bundle gave five sho of unhulled rice, one thousand bundles represented fifty koku, which, in the modern market, would sell for about six hundred yen. It is not to be inferred, however, that the sale of freemen into slavery was sanctioned by law. During the reign of the Emperor Temmu, a farmer of Shimotsuke province wished to sell his child on account of a bad harvest, but his application for permission was refused, though forwarded by the provincial governor. In fact, sales or purchases of the junior members of a family by the seniors were not publicly permitted, although such transactions evidently took place. Even the manumission of a slave required official sanction. Thus it is recorded that, in the reign of the Empress Jito, Komaro, an asomi, asked and obtained the Court's permission to grant their freedom to six hundred slaves in his possession. Another rule enacted in Jito's time was that the slaves of an uji, when once manumitted, could not be again placed on the slaves' register at the request of a subsequent uji no Kami. Finally this same sovereign enacted that yellow-coloured garments should be worn by freemen and black by slaves. History shows that the sale and purchase of human beings in Japan, subject to the above limitations, was not finally forbidden until the year 1699.

THE MILITARY SYSTEM

It has been seen that the Emperors Kotoku and Temmu attached much importance to the development of military efficiency and that they issued orders with reference to the training of provincials, the armed equipment of the people, the storage of weapons of war, and the maintenance of men-at-arms by officials. Compulsory service, however, does not appear to have been inaugurated until the reign of the Empress Jito, when (689) her Majesty instructed the local governors that one-fourth of the able-bodied men in each province should be trained every year in warlike exercises. This was the beginning of the conscription system in Japan.

THE ORDER OF SUCCESSION OF THE THRONE

That the throne should be occupied by members of the Imperial family only had been a recognized principle of the Japanese polity from remotest epochs. But there had been an early departure from the rule of primogeniture, and since the time of Nintoku the eligibility of brothers also had been acknowledged in practice. To this latitude of choice many disturbances were attributable, notably the fell Jinshin struggle, and the terrors of that year were still fresh in men's minds when, during Jito's reign, the deaths of two Crown Princes in succession brought up the dangerous problem again for solution. The princes were Kusakabe and Takaichi. The former had been nominated by his father, Temmu, but was instructed to leave the reins of power in the hands of his mother, Jito, for a time. He died in the year 689, while Jito was still regent, and Takaichi, another of Temmu's sons, who had distinguished himself as commander of a division of troops in the Jinshin campaign, was made Prince Imperial. But he too died in 696, and it thus fell out that the only surviving and legitimate offspring of an Emperor who had actually reigned was Prince Kuzuno, son of Kobun.

To his accession, however, there was this great objection that his father, though wielding the sceptre for a few months, had borne arms in the Jinshin disturbance against Temmu and Jito, and was held to have forfeited his title by defeat and suicide. His assumption of the sceptre would have created a most embarrassing situation, and his enforced disqualification might have led to trouble. In this dilemma, the Empress convened a State council, Prince Kuzuno also being present, and submitted the question for their decision. But none replied until Kuzuno himself, coming forward, declared that unless the principle of primogeniture were strictly followed, endless complications would be inevitable. This involved the sacrifice of his own claim and the recognition of Karu, eldest son of the late Kusakabe. The 14th of March, 696, when this patriotic declaration was made, is memorable in Japanese history as the date when the principle of primogeniture first received official approval. Six months afterwards, the Empress abdicated in favour of Prince Karu, known in history as forty-second sovereign, Mommu. She herself was honoured by her successor with the title of Dajo-Tenno (Great Superior).