"The way to govern is to get hold of the proper men. The merits and demerits (of retainers) should be closely scanned, and reward or reproof unflinchingly distributed accordingly. If there be capable men in the administration, that domain is sure to flourish; if there be not capable men, then the domain is sure to go to ruin. This is an admonition which the wise ones of antiquity all agree in giving forth."
"The tenor of the foregoing rules must be obeyed.
"Keicho, 20th year, 7th month (September 23, 1615)."
The above body of laws may be regarded as the Tokugawa Constitution. They were re-enacted by each shogun in succession on assuming office. The custom was to summon all the daimyo to Yedo, and to require their attendance at the Tokugawa palace, where, in the presence of the incoming shogun, they listened with faces bowed on the mats to the reading of the laws. Modifications and additions were, of course, made on each occasion, but the provisions quoted above remained unaltered in their essentials. Up to the time of the third shogun (Iemitsu), the duty of reading aloud the laws at the solemn ceremonial of the new shogun's investiture devolved on a high Buddhist priest, but it was thereafter transferred to the representative of the Hayashi family (to be presently spoken of). Any infraction of the laws was punished mercilessly, and as their occasionally loose phraseology left room for arbitrary interpretation, the provisions were sometimes utilized in the interest of the shogun and at the expense of his enemies.
RULES FOR THE IMPERIAL COURT AND COURT NOBLES
In the same month of the same year there was promulgated a body of laws called the "Rules of the Imperial Court, and the Court Nobles" (Kinchu narabi ni Kugeshu Sho-hatto). This enactment bore the signatures of the kwampaku and the shogun and had the Imperial sanction. It consisted of seventeen articles, but only five of them had any special importance:
"(1) Learning is the most essential of all accomplishments. Not to study is to be ignorant of the doctrines of the ancient sages, and an ignorant ruler has never governed a nation peacefully."
This specious precept was not intended to be literally obeyed. The shoguns had no desire for an erudite Emperor. Their conception of learning on the part of the sovereign was limited to the composition of Japanese verselets. A close study of the doctrines of the ancient Chinese sages might have exposed the illegitimacy of the Bakufu administration. Therefore, Yedo would have been content that the Mikado should think only of spring flowers and autumn moonlight, and should not torment his mind by too close attention to the classics.
"(2) A man lacking in ability must not be appointed to the post of regent or minister of State even though he belong to the Go-sekke (Five Designated Families), and it is needless to say that none but a member of those families may serve in such a position."
"(3) A man of ability, even though he be old, shall not be allowed to resign the post of regent or minister of State in favour of another. If he attempts to resign, his resignation should be refused again and again."