[**Recent legislation has been in favour of the mukoyoshi; but, as a rule, the law is seldom resorted to except by men dismissed from the family for misconduct, and anxious to make profit by the dismissal.]
It should not be forgotten that, although a daughter-in-law or a son-in-law could in former times be dismissed almost at will, the question of marriage in the old Japanese family was a matter of religious importance,—marriage being one of the chief duties of filial piety. This was also the case in the early Greek and Roman family; and the marriage ceremony was performed, as it is now performed in Japan, not at a temple, but in the home. It was a rite of the family religion,—the rite by which the bride was adopted into the cult in the supposed presence of the ancestral spirits. Among the primitive Japanese there was probably no corresponding ceremony; but after the establishment of the domestic cult, the marriage ceremony became a religious rite, and this it still remains. Ordinary marriages are not, however, performed before the household shrine or in front of the ancestral tablets, except under certain circumstances. The rule, as regards such ordinary marriages, seems to be that [66] if the parents of the bridegroom are yet alive, this is not done; but if they are dead, then the bridegroom leads his bride before their mortuary tablets, where she makes obeisance. Among the nobility, in former times at least, the marriage ceremony appears to have been more distinctly religious,—judging from the following curious relation in the book Shorei-Hikki, or "Record of Ceremonies"*: "At the weddings of the great, the bridal-chamber is composed of three rooms thrown into one [by removal of the sliding-screens ordinarily separating them], and newly decorated …. The shrine for the image of the family-god is placed upon a shelf adjoining the sleeping-place." It is noteworthy also that Imperial marriages are always officially announced to the ancestors; and that the marriage of the heir-apparent, or other male offspring of the Imperial house, is performed before the Kashiko-dokoro, or imperial temple of the ancestors, which stands within the palace-grounds.** [**That was the case at the marriage of the present Crown-Prince.] As a general rule it would appear that the evolution of the marriage-ceremony in Japan chiefly followed Chinese precedent; and in the Chinese patriarchal family the ceremony is in its own way quite as much of a religious rite as the early Greek or Roman marriage. And though the relation of the Japanese [67] rite to the family cult is less marked, it becomes sufficiently clear upon investigation. The alternate drinking of rice-wine, by bridegroom and bride, from the same vessels, corresponds in a sort to the Roman confarreatio. By the wedding-rite the bride is adopted into the family religion. She is adopted not only by the living but by the dead; she must thereafter revere the ancestors of her husband as her own ancestors; and should there be no elders in the household, it will become her duty to make the offerings, as representative of her husband. With the cult of her own family she has nothing more to do; and the funeral ceremonies performed upon her departure from the parental roof,—the solemn sweeping-out of the house-rooms, the lighting of the death-fire before the gate,—are significant of this religious separation.
[*The translation is Mr. Mitford's. There are no "images" of the family-god, and I suppose that the family's Shinto-shrine is meant, with its ancestral tablets.]
Speaking of the Greek and Roman marriage, M. de Coulanges observes:—"Une telle religion ne pouvait pas admettre la polygamie." As relating to the highly developed domestic cult of those communities considered by the author of La Cite Antique, his statement will scarcely be called in question. But as regards ancestor-worship in general, it would be incorrect; since polygamy or polygyny, and polyandry may coexist with ruder forms of ancestor-worship. The Western-Aryan societies, in the epoch studied by M. de Coulanges, were practically [68] monogamic. The ancient Japanese society was polygynous; and polygyny persisted, after the establishment of the domestic cult. In early times, the marital relation itself would seem to have been indefinite. No distinction was made between the wife and the concubines: "they were classed together as 'women.'"* [*Satow: The Revival of Pure Shintau] Probably under Chinese influence the distinction was afterwards sharply drawn; and with the progress of civilization, the general tendency was towards monogamy, although the ruling classes remained polygynous. In the 54th article of Iyeyasu's legacy, this phase of the social condition is clearly expressed,—a condition which prevailed down to the present era:—
"The position a wife holds towards a concubine is the same as that of a lord to his vassal. The Emperor has twelve imperial concubines. The princes may have eight concubines. Officers of the highest class may have five mistresses. A Samurai may have two handmaids. All below this are ordinary married men."
This would suggest that concubinage had long been (with some possible exceptions) an exclusive privilege; and that it should have persisted down to the period of the abolition of the daimiates and of the military class, is sufficiently explained by the militant character of the ancient society.* Though [69] it is untrue that domestic ancestor-worship cannot coexist with polygamy or polygyny (Mr. Spencer's term is the most inclusive), it is at least true that such worship is favoured by the monogamic relation, and tends therefore to establish it,—since monogamy insures to the family succession a stability that no other relation can offer. We may say that, although the old Japanese society was not monogamic, the natural tendency was towards monogamy, as the condition best according with the religion of the family, and with the moral feeling of the masses.
[*See especially Herbert Spencer's chapter, "The Family," in Vol. I,
Principles of Sociology, section 315.]
Once that the domestic ancestor-cult had become universally established, the question of marriage, as a duty of filial pity, could not be judiciously left to the will of the young people themselves. It was a matter to be decided by the family, not by the children; for mutual inclination could not be suffered to interfere with the requirements of the household religion. It was not a question of affection, but of religious duty; and to think otherwise was impious. Affection might and ought to spring up from the relation. But any affection powerful enough to endanger the cohesion of the family would be condemned. A wife might therefore be divorced because her husband had become too much attached to her; an adopted husband might be divorced because of his power to exercise, through affection, too [70] great an influence upon the daughter of the house. Other causes would probably he found for the divorce in either case—but they would not be difficult to find.
For the same reason that connubial affection could be tolerated only within limits, the natural rights of parenthood (as we understand them) were necessarily restricted in the old Japanese household. Marriage being for the purpose of obtaining heirs to perpetuate the cult, the children were regarded as belonging to the family rather than to the father and mother. Hence, in case of divorcing the son's wife, or the adopted son-in-law,—or of disinheriting the married son,—the children would be retained by the family. For the natural right of the young parents was considered subordinate to the religious rights of the house. In opposition to those rights, no other rights could be tolerated. Practically, of course, according to more or less fortunate circumstances, the individual might enjoy freedom under the paternal roof; but theoretically and legally there was no freedom in the old Japanese family for any member of it,—not excepting even its acknowledged chief, whose responsibilities were great. Every person, from the youngest child up to the grandfather, was subject to somebody else; and every act of domestic life was regulated by traditional custom.
Like the Greek or Roman father, the patriarch of the Japanese family appears to have had in early [71] times powers of life and death over all the members of the household. In the ruder ages the father might either kill or sell his children; and afterwards, among the ruling classes his powers remained almost unlimited until modern times. Allowing for certain local exceptions, explicable by tradition, or class-exceptions, explicable by conditions of servitude, it may be said that originally the Japanese paterfamilias was at once ruler, priest, and magistrate within the family. He could compel his children to marry or forbid them to marry; he could disinherit or repudiate them; he could ordain the profession or calling which they were to follow; and his power extended to all members of the family, and to the household dependents. At different epochs limits were placed to the exercise of this power, in the case of the ordinary people; but in the military class, the patria potestas was almost unrestricted. In its extreme form, the paternal power controlled everything,—the right to life and liberty,—the right to marry, or to keep the wife or husband already espoused,—the right to one's own children,—the right to hold property,—the right to hold office,—the right to choose or follow an occupation. The family was a despotism.