ENGRAVING: ONE OF THE ORNAMENTAL GATES USED IN JAPANESE GARDENS
ENGRAVING: SWORDS
CHAPTER XVI
THE DAIHO LAWS AND THE YORO LAWS
THE FORTY-SECOND SOVEREIGN, THE EMPEROR MOMMU (A.D. 697-707)
THE Emperor Mommu took for consort a daughter of Fuhito, representative of the Fujiwara family and son of the great Kamatari. She did not receive the title of Empress, that distinction having been hitherto strictly confined to spouses chosen from a Kwobetsu family, whereas the Fujiwara belonged to the Shimbetsu. But this union proved the first step towards a practice which soon became habitual and which produced a marked effect on the history of Japan, the practice of supplying Imperial consorts from the Fujiwara family.
THE DAIHO LEGISLATION
On Mommu's accession the year-period took his name, that being then the custom unless some special reason suggested a different epithet. Such a reason was the discovery of gold in Tsushima in 701, and in consequence the year-name was altered to Daiho (Great Treasure). It is a period memorable for legislative activity. The reader is aware that, during the reign of Tenchi, a body of statutes in twenty-two volumes was compiled under the name of Omi Ritsu-ryo, or the "Code and Penal Law of Omi," so called because the Court then resided at Shiga in Omi. History further relates that these statutes were revised by the Emperor Mommu, who commenced the task in 681 and that, eleven years later, when the Empress Jito occupied the throne, this revised code was promulgated.
But neither in its original nor in its revised form has it survived, and the inference is that in practice it was found in need of a second revision, which took place in the years 700 and 701 under instructions from the Emperor Mommu, the revisers being a committee of ten, headed by Fuhito of the Fujiwara family, and by Mahito (Duke) Awada. There resulted eleven volumes of the Code (ryo) and six of the Penal Law (ritsu), and these were at once promulgated, expert jurists being despatched, at the same time, to various quarters to expound the new legislation. Yet again, seventeen years later (718), by order of the Empress Gensho, revision was carried out by another committee headed by the same Fujiwara Fuhito, now prime minister, and the amended volumes, ten of the Code and ten of the Law, were known thenceforth as the "New Statutes," or the "Code and Law of the Yoro Period." They were supplemented by a body of official rules (kyaku) and operative regulations (shiki), the whole forming a very elaborate assemblage of laws.
The nature and scope of the code will be sufficiently understood from the titles of its various sections: (1) Official Titles; (2) Duties of Officials; (3) Duties of Officials of the Empress' Household; (4) Duties of Officials in the Household of the Heir Apparent; (5) Duties of Officials in the Households of Officers of High Rank; (6) Services to the Gods; (7) Buddhist Priests; (8) the Family; (9) the Land; (10) Taxation; (11) Learning; (12) Official Ranks and Titles; (13) The Descent of the Crown and Dignities of Imperial Persons; (14) Meritorious Discharge of Official Duties; (15) Salaries; (16) Court Guards; (17) Army and Frontier Defences; (18) Ceremonies; (19) Official Costumes; (20) Public Works; (21) Mode of addressing Persons of Rank; (22) Stores of Rice and other Grain; (23) Stables and Fodder; (24) Duties of Medical Officers attached to the Court; (25) Official Vacations; (26) Funerals and Mourning; (27) Watch and Ward and Markets; (28) Arrest of Criminals; (29) Jails, and (30) Miscellaneous, including Bailment, Finding of Lost Goods, etc.*