Source: home.d03.itscom.net Following on from a posting made two weeks ago, the following material consists of the first items contained under the Kōyō Gunkan甲陽軍艦. As outlined in the previous post, the numbers in parenthesis ( ) indicate the page numbers in the modern version of the Kōyō Gunkan edited by Satō Masahide, which are basically there should the reader wish to compare the translation to the modernised version. As each item needs to be spelled out in detail, a translation of the entire law code will take some time (there are 57 laws in total, meaning that until the entire work is translated I’m going to have to post bits periodically on this blog. Nevertheless, the laws reveal much about the era in which they were written, and are a suitable place to start a study on Takeda laws as they related to territories during the late sixteenth century).
The Laws of Kōshu (甲州)
Item, it is egregious for any Jitō (or regional administrator) within a province, acting without authorisation, to dispense justice for what they deem to be a crime and confiscate land or property for their own personal use. If a retainer of Lord Shingen commits such a crime, they will no longer be permitted to serve as a Jitō. After a decision is made regarding their fields, these shall be given to another. Tithes and taxes will be paid to another Jitō without delay. Any lands given over as a reward will not be recorded. The household, wives, children, and property shall be handed over to officials in accordance with the law. (30)
Item, the content of a legal issue, after it has been aired in a court, must not be revealed to anyone other than a legal officer. This extends to the period after a judgement has been made. If such content is revealed before a judgement has been handed down, people other than a legal officer will be permitted to discuss such information. (30)
Item, it is forbidden to send gifts or correspondence to other provinces without prior permission. However people living in Shinano have no choice but to correspond with people passing through their province. Moreover, people living in the border area between provinces often have to send letters. In such instances this shall be allowed. (30)
Item, forming ties with other provinces, accepting land from them, sending retainers to them and creating alliances with them are unforgivable, criminal acts which shall be punished. Any who transgress this law will face the harshest of penalties. (31)
Item, in relation to fields that do not have proper documentation to prove their ownership, if the fields produce a tithe, the Jitō is responsible with administering them. If the fields were obtained as a reward, decisions related to them will be decided via arbitration. Any debts related to fields will be dealt with according to circumstance. (31)
Item, it is a particularly serious crime for peasants to avoid paying their tithes. It is the responsibility of the Jitō to collect tithes from land held by peasants. If any irregularities occur, these should be examined, and the system reorganised. (31)
Item, it is a violation of the law to leave fallow any field cultivated from arable land without a legitimate reason. However, if a large number of tithes remain unpaid from such fields, and if this situation has continued for two years, then no action shall be taken. (31)
Item, in instances where a dispute arises concerning the placement of stakes around the four sides of a field cultivated from arable land in the mountains, a decision will be made after examining circumstances related to the original ownership of the field. If it proves difficult to determine where the original borders of the field were, the field shall be divided in half. If this does not resolve the dispute, then the field shall be given to someone else. (31-32)
Item, if stakes are driven into the ground around a field on orders from a Jitō and if the person responsible for the field leaves it unsown, the field shall become the responsibility of the Jitō from the following year onwards. However, if tithes are collected for the field despite it producing no harvest, this will not be regarded as irregular. Moreover, if a Jitō engages in illegal conduct, he shall forfeit half of his allocated lands. (32)
Item, in regards to a field acquired as a reward, such a field should not be exchanged for another even if it suffers damage as a result of flooding or drought. Its harvest shall be collected and reported. However, any persons who have served with merit shall be granted a more appropriate field. (32)
Item, any who possess a field as a reward and yet performed no service for a Jitō before Tenmon 10 (1541) for a period of ten years shall be unable to perform such a service. However, if the period is less than nine years, then a decision shall be handed down based on circumstance. (32)
Item, it is forbidden to forcibly sell a field given as a reward except those fields which are privately owned. In instances where this cannot be avoided, a sale shall occur after discussing the circumstances and deciding on a period of sale. (32)
Item, if the peasantry provides someone for official duties and that person is subsequently killed in battle, the household that provided the deceased shall be exempt from official duties for a period of 30 days. Thereafter the household will perform their duties as before. Any loss of material goods shall not be compensated. Furthermore, if the person concerned abandons his duties and this is not reported to those responsible for the said person but subsequently confirmed, this crime shall not be exempt from punishment even though years may pass. (32)
As an addendum, if the master of a peasant should be killed through no fault of the peasant, the Jitō shall exempt the said peasant from official duties for 10 years. (32)
Item, the exchange of private contracts between family members or retainers shall be regarded as acts of rebellion against their master. However, if the contract is made on the battlefield, it shall be regarded as an act of fealty towards their master. (33)
Item, it is forbidden for the original master of servants to seek out and seize the said servants should they be employed by another. The servants should be returned after hearing an explanation regarding their circumstances. If the former master launches legal action for the return of the servants after hearing the explanation, and the current master insists that the servants were allowed to escape, then compensation must be paid to the current master in the form of replacements.
If the servants are slaves or persons of low social status and if ten years have passed since the act concerned, then in keeping with the Jōei Shikimoku (貞永式目) there is no obligation to return the servants to their original master. (33)
Item, if a slave should escape and later be discovered on the road, this should be reported to the current owner. It is a violation of the law to take the slave back to the former owner. First, the slave should be returned to the current owner. However, if the slave is discovered in a distant place, no objection shall be made to residing in that place for a maximum of fifteen days. (33)
Item, should an argument or dispute occur, both sides shall be dealt with regardless of which side was right or wrong. Yet if this does occur, the aggrieved must not be punished. However, if another interferes in proceedings as a favour to the aggrieved or out of deceit, they shall be punished regardless of circumstance. If events lead to unintentional death, the wives, children, and extended family of the accused shall not be questioned. However, if the instigator should flee, for example in instances where they have committed a heinous act, then the wives and children of the accused shall be brought to an official station and there they shall be questioned. (33)
Item, it is proper that any punishments directed towards arguments among retainers or acts of theft committed by them shall not extend to their master. However, if circumstances indicate that the master may have been involved, and if he subsequently declares his innocence but flees without releasing his retainers from their employment, 1/3rd of the master’s property shall be seized. If they have no property, then they shall be sentenced to exile. (33)
The Laws of Kōshu (甲州)
Item, it is egregious for any Jitō (or regional administrator) within a province, acting without authorisation, to dispense justice for what they deem to be a crime and confiscate land or property for their own personal use. If a retainer of Lord Shingen commits such a crime, they will no longer be permitted to serve as a Jitō. After a decision is made regarding their fields, these shall be given to another. Tithes and taxes will be paid to another Jitō without delay. Any lands given over as a reward will not be recorded. The household, wives, children, and property shall be handed over to officials in accordance with the law. (30)
Item, the content of a legal issue, after it has been aired in a court, must not be revealed to anyone other than a legal officer. This extends to the period after a judgement has been made. If such content is revealed before a judgement has been handed down, people other than a legal officer will be permitted to discuss such information. (30)
Item, it is forbidden to send gifts or correspondence to other provinces without prior permission. However people living in Shinano have no choice but to correspond with people passing through their province. Moreover, people living in the border area between provinces often have to send letters. In such instances this shall be allowed. (30)
Item, forming ties with other provinces, accepting land from them, sending retainers to them and creating alliances with them are unforgivable, criminal acts which shall be punished. Any who transgress this law will face the harshest of penalties. (31)
Item, in relation to fields that do not have proper documentation to prove their ownership, if the fields produce a tithe, the Jitō is responsible with administering them. If the fields were obtained as a reward, decisions related to them will be decided via arbitration. Any debts related to fields will be dealt with according to circumstance. (31)
Item, it is a particularly serious crime for peasants to avoid paying their tithes. It is the responsibility of the Jitō to collect tithes from land held by peasants. If any irregularities occur, these should be examined, and the system reorganised. (31)
Item, it is a violation of the law to leave fallow any field cultivated from arable land without a legitimate reason. However, if a large number of tithes remain unpaid from such fields, and if this situation has continued for two years, then no action shall be taken. (31)
Item, in instances where a dispute arises concerning the placement of stakes around the four sides of a field cultivated from arable land in the mountains, a decision will be made after examining circumstances related to the original ownership of the field. If it proves difficult to determine where the original borders of the field were, the field shall be divided in half. If this does not resolve the dispute, then the field shall be given to someone else. (31-32)
Item, if stakes are driven into the ground around a field on orders from a Jitō and if the person responsible for the field leaves it unsown, the field shall become the responsibility of the Jitō from the following year onwards. However, if tithes are collected for the field despite it producing no harvest, this will not be regarded as irregular. Moreover, if a Jitō engages in illegal conduct, he shall forfeit half of his allocated lands. (32)
Item, in regards to a field acquired as a reward, such a field should not be exchanged for another even if it suffers damage as a result of flooding or drought. Its harvest shall be collected and reported. However, any persons who have served with merit shall be granted a more appropriate field. (32)
Item, any who possess a field as a reward and yet performed no service for a Jitō before Tenmon 10 (1541) for a period of ten years shall be unable to perform such a service. However, if the period is less than nine years, then a decision shall be handed down based on circumstance. (32)
Item, it is forbidden to forcibly sell a field given as a reward except those fields which are privately owned. In instances where this cannot be avoided, a sale shall occur after discussing the circumstances and deciding on a period of sale. (32)
Item, if the peasantry provides someone for official duties and that person is subsequently killed in battle, the household that provided the deceased shall be exempt from official duties for a period of 30 days. Thereafter the household will perform their duties as before. Any loss of material goods shall not be compensated. Furthermore, if the person concerned abandons his duties and this is not reported to those responsible for the said person but subsequently confirmed, this crime shall not be exempt from punishment even though years may pass. (32)
As an addendum, if the master of a peasant should be killed through no fault of the peasant, the Jitō shall exempt the said peasant from official duties for 10 years. (32)
Item, the exchange of private contracts between family members or retainers shall be regarded as acts of rebellion against their master. However, if the contract is made on the battlefield, it shall be regarded as an act of fealty towards their master. (33)
Item, it is forbidden for the original master of servants to seek out and seize the said servants should they be employed by another. The servants should be returned after hearing an explanation regarding their circumstances. If the former master launches legal action for the return of the servants after hearing the explanation, and the current master insists that the servants were allowed to escape, then compensation must be paid to the current master in the form of replacements.
If the servants are slaves or persons of low social status and if ten years have passed since the act concerned, then in keeping with the Jōei Shikimoku (貞永式目) there is no obligation to return the servants to their original master. (33)
Item, if a slave should escape and later be discovered on the road, this should be reported to the current owner. It is a violation of the law to take the slave back to the former owner. First, the slave should be returned to the current owner. However, if the slave is discovered in a distant place, no objection shall be made to residing in that place for a maximum of fifteen days. (33)
Item, should an argument or dispute occur, both sides shall be dealt with regardless of which side was right or wrong. Yet if this does occur, the aggrieved must not be punished. However, if another interferes in proceedings as a favour to the aggrieved or out of deceit, they shall be punished regardless of circumstance. If events lead to unintentional death, the wives, children, and extended family of the accused shall not be questioned. However, if the instigator should flee, for example in instances where they have committed a heinous act, then the wives and children of the accused shall be brought to an official station and there they shall be questioned. (33)
Item, it is proper that any punishments directed towards arguments among retainers or acts of theft committed by them shall not extend to their master. However, if circumstances indicate that the master may have been involved, and if he subsequently declares his innocence but flees without releasing his retainers from their employment, 1/3rd of the master’s property shall be seized. If they have no property, then they shall be sentenced to exile. (33)
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