2. All quarrels and complaints between and against Yedo street people, citizens of Yedo, are to be referred to the governor of Yedo.

3. In the Kwang hasshiu, or eight provinces immediately around Yedo—Awa, Kadsusa, Simosa, Hitatse, Simotsuki, Kowotsuki, Segami and Musasi—disputes between the tenants of the Shiogoon and those of Daimios or Dai kangs are to be referred to the treasury governor. These three governors are known as the “San boonio.”

4. Proceedings as to disputes between Daimios as to ground.

5. Between brothers as to succession to the father’s property.

6. In the case of a demand for a new trial after a decision has been given.

7. In regard to petitions from friends to let a prisoner out of confinement on the ground of his innocence, must have good reasons shown.

8. If the people want an alteration or change of a law.

9. What is to be done with papers, Hakko so, put into the box.

10. If people complain of officers.

11. In a complaint of an improper judgment in a case (perhaps in another court).

12. Business in the Hio jo shio. The 2d, 11th and 21st days of the month are “Siki jits,” or days when public political business is discussed. The 4th, 13th and 25th, “Tatchi yeibi,” the officers meet as judges to decide cases. On the 6th, 18th and 27th, “Uchi yori yeibi,” secret meeting days, the officers meet to examine and discuss secret political matters among themselves.

13. The form to be followed when a case has been for a long time before the Hio jo shio and is referred to another judge, as the street governor; and what is to be done in reference to complaints against the Gorochiu, Wakatoshiyori, or Owometski.

14. Complaints against Yakunins, or officers on duty outside of Yedo, are to be referred to the Shiogoon.

15. Disputes as to water for irrigation, and embankments of rice fields, which are sources of frequent quarrels, are to be taken up by the Hio jo shio.

16. In disputes as to boundaries of property, the old titles in the hands of the disputants are to be examined, and compared with the “Midzu cho” (water book, or register), kept in the Daikang office for the registration of boundaries and property.

17. In disputes as to land, to apply to the proper office to have surveys made.

18. What is to be done in cases of forgery of title-deeds of lands, or of maps of villages, islands, etc., which is a common offense.

19. As to disputes between Kanushi, heads of temples and of government temples.

20. In cases where application is made by the friends of a criminal to have him pardoned, such is not to be entertained in cases of arson, theft, murder, either as principal or accomplice, striker of father or mother or master, gamblers, head men of villages convicted of extorting money, mikassa (literally three hats),[7] and men who have bought young girls secretly. These crimes are not to be pardoned.

21. As to arbitrations ordered by officers, only a certain number of days to be allowed to make such arbitration—the office to settle how many.

22. When a petition has been presented by one party and the other does not appear, what is to be the proceeding.

23. Accusations of theft and fire-raising are not to be brought before the Hio jo shio, but before the officer in whose jurisdiction the offense is committed.

24. In cases of discovery of a long antecedently committed murder.

25. If a man destroys a summons issued by the office, and refuses to obey it.

26. Cases of persons trying to pass the barriers at Hakonay and Arai, without the knowledge of the officers stationed at the barriers.

27. In a case of firing a pistol or gun at another without killing, the punishment is “chiu tsui ho”—i.e., the culprit is not allowed to enter a town or village. If a man wishes to shoot or sport near Yedo, he must get a license from the Yakunins to do so within the ten ri between Hatch ogee and Kanagawa upon the Tama River. Native sportsmen frequently shoot.

28. How persons are to be dealt with for snaring birds, or feræ naturæ, on the hunting-lands of the Shiogoon.

29. In towns, if a man have committed a small offense, the Yakunins may order his door to be shut upon him, and him to be confined in his own house.

30. Cases of embezzlement of money by village head men.

31. Punishment for a man who has failed to enroll his name in the official register.

32. If a man offer a bribe to an officer he is to be severely punished; the officer, if he accepts it, is lightly dealt with.

33. All the property of a person, convicted of theft or robbery is to be confiscated.

34. If the people on a Daimio’s territory send a remonstrance against his oppression to the Hio jo shio, what is to be done with it.

35. All the goods belonging to a debtor may be sold to pay his debts, except his wearing apparel.

36. If persons try to bring wild ground into cultivation, and call it their own without informing the officers, what proceedings are to be taken.

37. Cases of litigation as to rented ground.

38. When persons are unable, from poverty, to pay government taxes upon ground occupied by them.

39. In regard to loans of money, of which twenty different kinds are alluded to—to a friend, to a temple, etc.

40. If the whole of a loan cannot be repaid, and it is referred to the officers, they are to settle the interest to be paid. Upon large amounts the interest is placed low, upon small amounts it is high. Upon 10,000 kobangs the rate will be 80 kobangs per month, or nearly 10 per cent per annum. Upon one boo it may be one tenpo a month, or 75 per cent per annum.

41. In borrowing money, the interest is to vary with the security. If the security is land, the interest is to be low; with any other securities the interest should be high.

42. In disputes as to money: If no witnesses are brought forward; if partners in business quarrel; if persons in theaters quarrel; if a collector uses subscriptions to temples for his own purposes; if the evidence depends upon a paper without a date; if no rate of interest is mentioned—then these cases are not to be taken up.

43. If it is alleged that a Daimio has borrowed money from some town or body of people, and they do not bring forward a receipt, such is to be dismissed.

44. If one creditor refuses to have a composition.

45. The officers may settle the time to be allowed to pay off a debt, after which the securities may be taken. For 1,000 kobangs, 12 months to be allowed; for 30 kobangs, 40 days.

46. When property already mortgaged is given in security.

47. In cases where the cargo of a ship is secretly sold upon her passage, and a story of bad weather is told.

48. When a father has sealed a draft of his intended will, and has not written it out, what is the position of the heirs.

49. When false witnesses are suborned.

50. Houses or ground are sometimes sold by relatives when the heir is young. It is therefore criminal to buy ground without giving intimation to the proper officer.

51. It is the custom to have guarantees for servants, to whom wages are generally paid in advance. If the servant runs away with his wages, his surety must pay for him.

52. Half-yearly engagements with servants at the third and ninth month are usual. If a servant runs away before his time is out, his surety is responsible.

53. If it is another servant that is surety, he is responsible.

54. When a Daimio’s servant runs away, what is to be done.

55. It is usual to have ten sureties—how this is to be settled. Not more than ten to be allowed.

56. If a runaway servant steals from his master.

57. If a man stays away from his wife for ten months she may marry again. When he returns he is to be punished.

58. If a poor man secretly marries and has a child, and exposes it on the street, or if another man buys it and exposes it, either shall be speared or beheaded. The head man of the street is to be fined and deported from Yedo, and the Gonin gumi or police guard of the street are to be punished.

The head man of a village or block of streets is Nanushi; under him is Iyaynushi. The Go nin gumi are five police in every street, who are appointed and paid by the streets. Nanushi often have much power and become wealthy. Iyeyas in his laws tried to prevent this, as it is in too many cases the result of oppression and bribery. In Yedo and Osaka the government appoints the Nanushi; in Miako the people appoint them. The Nanushi of a village is generally a hereditary office.

59. If a man shall have adopted a daughter and then sells her to the government stews (Yosiwara), he is to be punished. The punishment is to vary according to the wealth and the ability of the offender to support the child.

60. If any one secretly sells girls for prostitution to any one but the Yosiwara, he is liable to punishment.

61. If a man sells his wife to the Yosiwara without reason, he is to be beheaded. But if the wife agrees to be so sold, and they are very poor, they may make such an arrangement. It was formerly the custom to kill a wife if she was unfaithful, but of late the custom has been to dispose of her to the Yosiwara.

62. The crime of adultery is to be punished with death (? in the case of the wife only).

63. Men and women who commit suicide together are not to receive burial like men, but like dogs. If they attempt and do not succeed, they are to be exposed on the Nihon bas (bridge) for three days, and then made beggars.

64. If a bozan or priest commit adultery, he shall be beheaded. In cases of fornication, if it be the head priest, he shall be transported to the islands; if a young priest, he shall be exposed on the Nihon bas for three days. (Some years ago one hundred and seventy young priests were thus exposed on the bridge at one time by Midzu no Idzumi no kami.)

65. In cases of persons professing San cho ha (three birds) Foosjiu (not take), Foossay (not give), they are to be transported. What these may mean it is difficult to find out; but possibly they are names for some form of religion, either Christianity or Mohammedanism.

66. No one is allowed to introduce new forms of religion or new gods into the country. If they do so, they are to be banished from villages.

67. In cases of suicide the officers must be informed. If they are privately buried with Buddhist burial, both priests and friends shall be punished.

68. Mikassa, Bakuji and Mujing, different kinds of gambling, are to be severely punished.

69. Slight cases of theft are to be punished by flogging and banishment from towns and villages. In more serious cases of theft, the criminals are first to be carried through Yedo publicly, and then are to be beheaded.

70. In reference to buyers and receivers of stolen goods.

71. As to those who engage in a trade without belonging to one of the guilds.

72. As to informers.

73. What steps are to be taken as to persons falling down dead in the streets.

74. As to things lost.

75. As to accomplices, or persons who indirectly assist criminals to escape.

76. Forgers are to be beheaded.

77. As to putters-up of seditious placards on the walls.

78. What is to be done with a man who (as is sometimes done in Yedo), on meeting a respectable man, suddenly accuses him of striking him, or says he is married to his daughter, or gets up some story to extort money from him.

79. In cases when a man is the indirect cause of loss to another—as by coming too late, and so loss is sustained. This is a crime, though the loss may be small.

80. Men who give false statements to officers.

81. As to false money, poison, false medicines, and false weights.

82. As to setting a house on fire by mistake.

83. An incendiary is to be burned to death.

84. A reward to be given to the man who detects him.

85. As to murder of different kinds. In cases of accidental death, a fine is to be levied on the homicide. It is said to be a common custom in Japan to compound for crime by paying relatives and bribing officers.

86. When a man kills another in self-defense.

87. If a man kill another by accident, as by a rifle-ball, he is to be transported; but if it is done in a military school, he is not punished. If a working man kills another by accident, he is banished from towns and villages.

88. If a man is angry with another for marrying a girl he is in love with, and breaks in the door and causes a disturbance.

89. If a man is drunk and angry, and breaks some article of value, the punishment is to be light; but if several are together, they are to be punished severely.

90. If, when drunk, he kills a man by accident, he is not to be severely punished.

91. If a man recovers from sickness and refuses to pay his doctor.

92. As to offenses committed by mad persons.

93. If a person under fifteen years of age commit murder, transportation is the punishment.

94. As to concealing criminals.

95. As to proclamations about offenders.

96. The officers cannot command a son to inform on or to give up his father or mother, or a servant his master, or a younger brother his elder.

97. In some cases the relatives of a criminal may be arrested and confined, but this Chinese plan is not commonly used in Japan.

98. Gowo mong—examination by torture, as striking, or pouring water down the throat.

99. As to escaping from banishment on the islands, or crimes committed during banishment.

100. As to escaping from prison.

101. As to men who free themselves from their irons.

102. The higher rank a man is of, the more serious is his crime.

103. And, vice versa, a crime is to be considered lighter in a man of low degree.

104. As to criminals who have been banished from towns and villages, if they try to return.

105. If he is ejected a second time he is marked, and if he returns a third time he is beheaded. These marks are broad black bands across the arm. The different towns (Yedo, Miako, Osaka, and Nagasaki) have different ways of marking.

106. If any one shall secretly make weights. All the weights are made and issued by government in Japan.

107. In regard to the keepers of the street gates in Yedo, if one shall find any money or article of value and keep it.

108. In Yedo it is the custom to take out a drunken man, or a man that has died on the street, and lay him in another. This is to be punished.

109. If a man accused of a serious crime should die, his body is to be preserved in salt.

110. In reference to criminals and prisoners in bad health. There are four hospitals for criminals in Yedo.

111. A criminal whose time is expired, and who has neither home nor friends, is to be put to work in Tsukudajima for one thousand days, and at the end of that time the profits of his labor are to be given him, and he may get a street gate to keep.

112. If a man forces a girl to marry him, he shall be beheaded.

113. Rules as to pawning and pawn-shops. Pawn-shops charge very high interest—about ten per cent a month.

114. If a man be taken ill upon the Tokaido, he is not to be sent from one village to another, but is to be kept, and a doctor sent for to attend him.

115. If a man who has no right to do so shall wear two swords.

116. What is to be done to squatters upon wild ground, who have not given notice to the officers of their having done so.

117. If a man tries to conceal or prevent the confiscation of his ground.

118. When the son of a criminal of high rank wishes to shave his head and become a priest, in some measure to save the reputation of his family, he is to inform the officers and make arrangements with them.

119. In reference to the children of a criminal, a difference is made between the children of an officer and a common person.

120. All villages have registers and plans of the ground belonging to each, and to the families of the villagers. These are sealed and kept by the head man of the village (nanushi), and he is bound to let any one inspect the registers. If he refuse, and complaint is made, he is to be punished.

121. What is to be done upon their liberation with criminals who have been confined for slight offenses.

122. Different kinds of punishment for different offenses. Of these there are specified forty-six.

In case of disputes between persons belonging to the four provinces round Miako, Yamashiro, Yamato, Tanba, and Owomi, they are brought before the street governor of Miako; but if a dispute arises between a person living in one of these provinces and an outsider, the case is brought to Yedo. Litigation arising in the provinces of Idzumi, Kawatchi, Setsu, and Harima, is brought before the governor of Osaka.

No taxes are paid in Miako.

If a murder or arson be committed within the territory of a Daimio, it is not necessary to bring the case to Yedo.

If the servants of a Daimio kill the servant of another Daimio the case must be brought before the Gorochiu.

If a Daimio has no island or place fit for transportation, the criminal’s relatives are bound to keep him in confinement.

The above is a sketch of the cases which may come before the criminal department of the Hio jo shio.

Hio jo shio russui are four officers who have charge of the building when not used.

Ro ban.—Keeper of the prison (roya). The execution-ground is at the southeast corner of the prison, under a willow-tree in front of the back gate. The office of executioner seems to be hereditary. Kubikiri Asayaymon is at present the executioner, and it is said that his son at fourteen could cut off a head at a blow. The prison is surrounded by a high embankment, to prevent fires reaching it. If a fire occurs within the building the prisoners are all liberated, and those who return have their punishment mitigated.

Jowo ro sama.—These are female officers. They are twelve daughters of Koongays in Miako, who reside in the palace at Yedo to superintend all the females, servants, etc., and to look after their manners and morals. They are always unmarried while in office, but sometimes marry Daimios. They generally come to the palace young, and are instructed there in their duties. They have the opportunity of having great power, being at liberty to write to Miako about anything they may deem improper either in the conduct of the ladies, women, or men of the court of Yedo, or of the Shiogoon himself.

Officers employed in situations at a distance from Yedo.—There are six main roads or entrances to Miako; over each of these the Shiogoon places a guard under a Daimio, maintaining in addition a guard in the city itself. With the Shoshidai there are nine Daimios resident in Miako.

Shoshidai.—This is the representative of the Shiogoon at the court of Miako. It is an office requiring much tact and independence of character. Formerly it was held by one of the more powerful Daimios, but it was found that the tendency to be won over to the party of the Emperor was great, and it is now generally intrusted to a Fudai. His duty is to act as a go-between or embassador to the imperial court, and at the same time report to Yedo all changes. He does not address himself personally to the Emperor, or even to the Kwanbakku, but to the Tenso, the officer deputed for that purpose, and who in turn is at times sent to Yedo as envoy from the Emperor. The office is one which entails great expenditure, but it is one in which personal influence may be largely used for the furtherance of intrigue and the acquisition of power. When Sakai was made Shoshidai, the Shiogoon gave him an addition to his income of 10,000 koku per annum. He fell into disgrace with the Emperor, and committed suicide in 1862. The Emperor accused him of telling him falsehoods, while Sakai did not know that the accounts furnished him were not true. Had he not committed suicide, his property would have been taken from his son. His father committed suicide also as Shoshidai at Miako in the time of Kokaku, grandfather of the present Emperor.

Miako matchi boonio.—Two officers, governors of Miako, under the Shiogoon, whose duties are similar to those of the governor of Yedo.

Kinri tsuki.—Two officers who act as messengers between the imperial officers and the Shoshidai.

Nijio dzei ban.—The castle of the Shiogoon in Miako is called Nijio. Two Daimios, and men under them, are appointed guards or governors of the castle.

There is a keeper of the storehouses in Miako belonging to the Shiogoon; also a keeper of the weapons of war, guns, great and small, and an officer who superintends the boats on the Yodongawa, the river running past Miako, to give out licenses and receive the payment.

Fushimi boonio.—A Daimio, governor of the town of Fushimi, near Miako. Here Taikosama resided, and built the costly palace which was destroyed by an earthquake. All Daimios have or had residences at Fushimi.

Osaka jiodai.—Governor of the town of Osaka.

Jiobang.—Keeper or warden of the castle of Osaka, built by Taikosama.

Dzeibang.—Captains of the guards in that castle. Two Daimios take this duty.

Kabang.—Four Daimios. These three last officers are all together keepers of the castle of Osaka.

Osaka matchi boonio is street governor of Osaka.

Funate is head officer over the boats and boatmen.

Kohoo, or Kofu.—The capital town of Kahi province, or Koshiu, where the Shiogoon has a large castle, built by Takeda Singeng. Hattamoto that have fallen into the black books of the government for vicious conduct, or immorality, drinking, etc., are sent to this castle. Sometimes as many as 500 Hattamoto are there in a sort of arrest, under surveillance before being again employed.

Nagasaki boonio.—Governors of Nagasaki, of whom there are two, and two Daikangs to look after the lands belonging to the Shiogoon. Nagasaki and the land in the vicinity and the island of Amakusa belong to the Shiogoon.

Narra boonio.—Governor of Narra, the ancient and ecclesiastical capital of Japan, a short distance from Miako.

Soonpu (Suruga no fu) is the castle of Suruga, built by Imangawa, and occupied by Iyeyas some years before his death, and afterward occupied by the ex-Shiogoon, Yoshi hissa. There is a governor of the town and castle. At one time the treasury of the Shiogoon was kept at Soonpu.

Suruga kabang.—One military Daimio. One of the Shiogoon’s physic gardens for medicinal herbs is at Soonpu, in charge of an officer.

Kowo no san.—Tombs of some of the early predecessors of the Shiogoon. Iyeyas was buried at Nikko, in Simotsuki, a day’s journey north of Yedo. There is an officer in charge of the tombs at both places; where there are also, as officers, a keeper of accounts and a gatekeeper. In the province of Isse, at the great temple there, the Shiogoon is represented by an officer, Yamada boonio. Over the town of Sakkai, near Osaka, is a governor.

Ooraga boonio.—The “gate” or seaport of Yedo below Kanagawa, in the bay of Yedo, has two governors. At Ooraga all junks and boats are examined by custom-house officials.

Sado boonio.—Two governors of the island of Sado, where are the gold mines.

Neegata boonio.—One governor of the town. This port formerly belonged to a Daimio, Makino Bizen no kami, but about the year 1840 the Shiogoon displaced him, and gave him Nangaoka, in Etsingo, in place of Neegata. It was alleged that an illicit trade was being carried on between Corea and this port, and also with the Dutch. It is said to be a fine harbor, and was one of the ports opened to foreign trade by treaty; but the harbor was found, or supposed to be, too shallow for large ships. It has fallen off considerably in trade and wealth since government took possession of it.

Nikko boonio.—At Nikko Hill is buried To sho goo, or Iyeyas, the first of the dynasty, and a fine temple (Chiu senji) is erected near the tomb. The actual tombs of heroes and great men in Japan, as has been said, seem to be generally very modest and unassuming memorials. From the roof of the temple at Nikko is hung a large chandelier presented by the Dutch. The Shiogoons after Iyeyas are buried, some at the Shibba, a temple in Yedo, some at Ooyayno or Toyay san, another large temple in Yedo; others at Kowono san; and at Zozoji, in Yedo.

Gai koku boonio.—Ministers for foreign nations. These officers were appointed in consequence of the opening of the country, and their duty is to communicate with the consuls or ministers of foreign nations on international questions, or matters connected with trade. They are Hattamoto of rental varying from 150 to 3,000 koku per annum.

Kanagawa boonio.—There are two Hattamoto, governors of this village, now risen into importance. The one is a man of 5,000 koku, the other of 1,200.

Seki sho.—In the different provinces of Japan there are passes upon the roads, where, by reason of the surrounding hills, the road may be easily defended by a small force. These are considered the keys of the country, and at each place barriers (seki) are erected and guards appointed. These are important from a military point of view.

In the province of Segami there are six seki or barriers. Okubo kanga no kami, Daimio at Odawara, has charge of them. They are—Hakonay upon the Tokaido, Neboo kawa, Yangura sawa, Sengo ku bara, Kawa mura, Tanega mura.

In the province of Towotomi there are three gates—Imangiri, Arai and Kenga.

In Kowotsuki are fourteen barriers—Fkushima, Goshina, Owo watari and another, Oossui, Yoko-ngawa, Koori, Kawa mata, Sarunga harra, Owo sassa, Dai-ïto, Kari jigu, Minami maki, Tokura.

In Etsingo province are five barriers—Itchi foori, Hatchi dzaki, Seki ngawa, Mooshi kawa, Yama ngootchi.

In the province of Sinano six—Kin oochi ji, Nami aï, Obi kawa, Ono ngawa, Fkushima, Ni engawa.

In the province of Simosa four—Seki yado, Matsudo, Fusa kawa, Nakatta.

In the province of Musashi four—Kobo toki, Ko iwa, Itchi kawa, Kana matchi.

In the province of Owomi three—Yama naka, Yana ngassay, and another.

At these barriers no woman is allowed to pass without a passport from the governor of Yedo. No Daimio is allowed to bring cannon or muskets past a barrier without permission. Guards are stationed at each, to examine every young person as to sex. This is done in order to keep the wives and families of Daimios at Yedo.

In Sinano province there are large forests, the property of government, on the Kisso hills, under charge of a Hattamoto.

Koondai (Kiun tai) is an officer who has the superintendence of all the Shiogoon’s land in the different provinces in which it lies. One officer has generally the lands in two or more provinces under his care.

Dai kwan are smaller and lower offices, with duties similar to and under the Koondai. They look after the ground and crops on the ground belonging to government. They calculate the amount payable by rice fields. To ascertain this they frequently cut a tsubo (six feet square) dry, and thrash it, and calculate the product of the whole field therefrom. They receive the rents, make leases, and act as factors on government lands. There are thirty-seven Dai kwan.

The Officers of the Mint.—The mint in Yedo is in Drio ngai tcho. It is under the superintendence of the treasury governor. There is the Kinsa, or the department where gold is coined; and the ginsa, the mint for silver coins. Deposits of silver and gold are found in several parts of Japan, but the most of the gold used by government comes from the island of Sado; the silver is brought from Ikoo no gin sa in Tajima, and from Iwami province. In some of the territories of Daimios there are large quantities extracted, as in the lands of Satsuma and Sendai. The latter has the right of coining money, but the coin seems to circulate only within his own territory. Silver and gold, as bullion, are much cheaper relatively to coin than in almost any other country: this arises probably from that peculiarity in the laws and customs of Japan—the Tokusayay, previously mentioned—which prevents the natives using either metal as ornaments, or in any useful way. A good deal of gold must be used in the manufacture and ornamentation of the lacquer-ware, which is sometimes profusely covered with gold; but, except for this purpose, there is little or none used, as the ladies do not wear jewelry of any kind—neither earrings, nor rings, nor brooches. No plate is used at their dinners. Owing to this, no one can put the precious metals, if they have any in their possession, to any use, and the owner, in order to realize their value, must take them to the only market, which is government. The government thus has the power of declaring what value it will put upon these precious metals, and pays accordingly for silver bullion thirty per cent below the value which is afterward put upon the coin.

Lastly, among the establishments kept up by the Shiogoon is the Nishi maro, literally the west round, the oldest part of the shiro of Yedo. It was built by Owota do Kwang, as mentioned before. The castle is surrounded by a broad moat filled with water. On the inner side a fine steep bank of grass slopes up from the water’s edge to such a height as entirely to conceal the interior. The water is brought from a considerable distance—from the Tama ngawa River—being led in a canal known as Tama ngawa jo sui. This was made by Iyay Mitzko, the second after Iyeyas, and is under the care of the Owometski and Kanjo office. The Nishi maro is intended for the occupation of the child or children of the Shiogoon, or for his father if he have abdicated. It is therefore frequently empty, and in that case officers have charge of the building, who are known as Nishi maro russui.

Within the circuit of the castle grounds are the residences of the Gosankioh—the three princes, Stotsbashi, Tayass, and Saymidzu.