"Speaking disgraceful things of another man, or publicly posting him as a bad man, even if he is so, is forbidden."
"Filial piety and faithful service to a master should be a matter of course; but when there is any one who is especially faithful and diligent in these things, we promise to report him … for recommendation to the government …."
"As members of a kumi we will cultivate friendly feeling even more than with our relatives, and will promote each other's happiness, as well as share each other's griefs. If there is an unprincipled or lawless person in a kumi, we will all share the responsibility for him."*
[*"Notes on Land Tenure and Local Institutions in Old Japan" (Transactions Asiatic Society of Japan, Vol. XIX, Part I) I have chosen the quotations from different kumi-cho, and arranged them illustratively.]
[94] The above are samples of the moral regulations only: there were even more minute regulations about other duties.—for instance:—
"When a fire occurs, the people shall immediately hasten to the spot, each bringing a bucketful of water, and shall endeavour, under direction of the officers, to put the fire out …. Those who absent themselves shall be deemed culpable.
"When a stranger comes to reside here, enquiries shall be made as to the mura whence he came, and a surety shall be furnished by him …. No traveller shall lodge, even for a single night, in a house other than a public inn.
"News of robberies and night attacks shall be given by the ringing of bells or otherwise; and all who hear shall join in pursuit, until the offender is taken. Any one wilfully refraining, shall, on investigation, be punished."
From these same Kumi-cho, it appears that no one could leave his village even for a single night, without permission,—or take service elsewhere, or marry in another province, or settle in another place. Punishments were severe,—a terrible flogging being the common mode of chastisement by the higher authority…. To-day, there are no such punishments; and, legally, a man can go where he pleases. But as a matter of fact he can nowhere do as he pleases; for individual liberty is still largely restricted by the survival of communal sentiment and old-fashioned custom. In any country community it would be unwise to proclaim such a doctrine as that [95] a man has the right to employ his leisure and his means as he may think proper. No man's time or money or effort can be considered exclusively his own,—nor even the body that his ghost inhabits. His right to live in the community rests solely upon his willingness to serve the community; and whoever may need his help or sympathy has the privilege of demanding it. That "a man's house is his castle" cannot be asserted in Japan—except in the case of some high potentate. No ordinary person can shut his door to lock out the rest of the world. Everybody's house must be open to visitors: to close its gates by day would be regarded as an insult to the community,—sickness affording no excuse. Only persons in very great authority have the right of making themselves inaccessible. And to displease the community in which one lives,—especially if the community be a rural one,—is a serious matter. When a community is displeased, if acts as an individual. It may consist of five hundred, a thousand, or several thousand persons; but the thinking of all is the thinking of one. By a single serious mistake a man may find himself suddenly placed in solitary opposition to the common will,—isolated, and most effectively ostracized. The silence and the softness of the hostility only render it all the more alarming. This is the ordinary form of punishment for a grave offence against custom: violence is rare, and when resorted to is intended (except in [96] some extraordinary cases presently to be noticed) as a mere correction, the punishment of a blunder. In certain rough communities, blunders endangering life are immediately punished by physical chastisement,—not in anger, but on traditional principle. Once I witnessed at a fishing-settlement, a chastisement of this kind. Men were killing tunny in the surf; the work was bloody and dangerous; and in the midst of the excitement, one of the fishermen struck his killing-spike into the head of a boy. Everybody knew that it was a pure accident; but accidents involving danger to life are rudely dealt with, and this blunderer was instantly knocked senseless by the men nearest him,—then dragged out of the surf and flung down on the sand to recover himself as best he might. No word was said about the matter; and the killing went on as before. Young fishermen, I am told, are roughly handled by their fellows on board a ship, in the case of any error involving risk to the vessel. But, as I have already observed, only stupidity is punished in this fashion; and ostracism is much more dreaded than violence. There is, indeed, only one yet heavier punishment than ostracism—namely, banishment, either for a term of years or for life.
Banishment must in old feudal times have been a very serious penalty; it is a serious penalty even to-day, under the new order of things. In former years the man expelled from his native place by the [97] communal will—cast out from his home, his clan, his occupation —found himself face to face with misery absolute. In another community there would be no place for him, unless he happened to have relatives there; and these would be obliged to consult with the local authorities, and also with the officials of the fugitive's native place, before venturing to harbour him. No stranger was suffered to settle in another district than his own without official permission. Old documents are extant which record the punishments inflicted upon households for having given shelter to a stranger under pretence of relationship. A banished man was homeless and friendless. He might be a skilled craftsman; but the right to exercise his craft depended upon the consent of the guild representing that craft in the place to which he might go; and banished men were not received by the guilds. He might try to become a servant; but the commune in which he sought refuge would question the right of any master to employ a fugitive and a stranger. His religious connexions could not serve him in the least: the code of communal life was decided not by Buddhist, but by Shinto ethics. Since the gods of his birthplace had cast him out, and the gods of any other locality had nothing to do with his original cult, there was no religious help for him. Besides, the mere fact of his being a refugee was itself proof that he must have offended against his own cult. [98] In any event no stranger could look for sympathy among strangers. Even now to take a wife from another province is condemned by local opinion (it was forbidden in feudal times): one is still expected to live, work, and marry in the place where one has been born,—though, in certain cases, and with the public approval of one's own people, adoption into another community is tolerated. Under the feudal system there was incomparably less likelihood of sympathy for the stranger; and banishment signified hunger, solitude, and privation unspeakable. For be it remembered that the legal existence of the individual, at that period, ceased entirely outside of his relation to the family and to the commune. Everybody lived and worked for some household; every household for some clan; outside of the household, and the related aggregate of households, there was no life to be lived—except the life of criminals, beggars, and pariahs. Save with official permission, one could not even become a Buddhist monk. The very outcasts—such as the Eta classes—formed self-governing communities, with traditions of their own, and would not voluntarily accept strangers. So the banished man was most often doomed to become a hinin,—one of that wretched class of wandering pariahs who were officially termed "not-men," and lived by beggary, or by the exercise of some vulgar profession, such as that of ambulant musician or [99] mountebank. In more ancient days a banished man could have sold himself into slavery; but even this poor privilege seems to have been withdrawn during the Tokugawa era.