The Society for Japanese Studies

Public Peace and Private Attachment: The Goals and Conduct of Power in Early Modern Japan Author(s): Mary Elizabeth Berry Source: Journal of Japanese Studies, Vol. 12, No. 2 (Summer, 1986), pp. 237-271 Published by: The Society for Japanese Studies Stable URL: http://www.jstor.org/stable/132388 . Accessed: 20/09/2011 12:40
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MARY ELIZABETH BERRY

Public PeaceandPrivate Attachment: Goals The andConduct Power Early of in Modern Japan

The governing of theTokugawa elite period(1615-1868) could fully assomecrowding rumpling robes,in a suite expansive of semble, with and of Edo reception rooms within castle.Neither composition theencomthe nor of passing authority thiselite-a group the embracing shogun himself and of roughly daimyo-was a matter question.The structure power 250 of after 1615was tidy, and tight, complete. The same could hardly said of the governing be elite of the high to Ashikaga period(1336-1467). Difficult define impossible count and to it satisfactorily,assumescontours shift thevantage that as and valuesof suchcontours shift. Whiletheincumbent also thosetracing shogun might with smallfraternityshugo,they the havegathered comfortably enough of werebuta part-seldom either united dominant-ofa fluid or governing that the divided almost for community stillincluded imperial court (itself aristocratic sixty years), landholders, important religious institutions, and, often mostsignificant, armed local proprietors boththemilitary the in and of classes (if notions either class or of class distinctions truly peasant can be said to applyin thiscase). The authority Ashikagadid command the and rested uponuneasycompromises was tested repeatedly rebelsno by less than fractious subordinates. by The narrowing, theverydefinition, theruling and of elitewas one of two seminalfeatures politicaladministration earlymodern of in Japan. in is Largely implicit thefirst feature thesecond:theconcentration well as as theexpansion thegoverning of exercised theelite.The prerogatives by and of shogun thedaimyo theTokugawa period collectively monopolized a over previously dispersed authority land and itsresources, military force, The law andjudicature, citiesand commerce. newand extraordinary preof rogatives rule,all concerned withsocial control, weretheeffective inJournal Japanese of Studies,12:2 ?O1986Society Japanese for Studies

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of of to struments theelite'svery transformation. Appropriation theright of of or disarm civilians, divestsamurai land,to denychanges station to court served, at residence, to superintend church theimperial and the and to the from asonce, to identify, contract membership and to protect of, of and powers saultthepolitical masters therealm.The coercive intrusive in of earlymodern regimes, singularly dramatic range,werealso theinof struments unprecedented publicpeace. with couldhardly morestrikbe Again,thecontrasts medieval regimes always ciring.The shogun theAshikaga of houseexercised jurisdiction a the cumscribed-not leastin thecapitalofKyoto-by both legalandcusof Theyremained dependent tomary privileges independent proprietors. land and commercial armies and uponlimited revenues that uponprivate in owndeputies theKantoand werenever unassailable. Rebellion their by confined influence thecentral of to provinces Honshu. Kyushu shogunal eludedtheAshikaga. Evencontrol overinternational anddiplomacy trade to modern the erasappears to Japan's passagefrom medieval theearly in in to expanded premimic, respect thecontraction size andsignificantly Europeancountries. The rogatives the elite,the passage of western of is becauseJapan also seemstohaveundergone parathe analogy appealing shift from to the of digmatic gemeinschaft gesellschaft-from ascendancy of private privileged and corporations theascendancy the"state." to we administration Hence, in general terms, might viewtheAshikaga bound as an interlocutor between semi-autonomous communities internally or and obligations. The bypersonal of clientage kinship byreciprocal ties of land was themuch attenuated manor (shoen) characteristic unit thetime orproprietary smallbutcollectively enormous holding (chigy6), normally in consolidation-an in number, retained-despite that advances political and of to ambiguous vulnerability thetaxation jurisdiction theAshikaga of documents thetimewereconfirshogunate. Amongthecharacteristic and official of in resources mations private rights land or other (andoJ6) thatacknowlof from statements exemption publicexactions (menjo]J) Also characteristic were vesting documents edged superior privileges. or to deputies,as rewards land, typically military (ategaiJ6)assigning and and for with heredity status cusgrants service. Together loyalservice, the of of tomgoverned distribution resources-for the underlying system of relation perthat were law andofficeholding deeperstructures personal as insofar thesereat rationalization, sistently mitigated attempts political of Networks patronage to lations continued be thebasisofpolitical power. taxation maindid of commerce they thedistribution power; as dominated character taineda patriarchal impositions upon (particularly regarding of of institutions impersonal labor); and the development permanent,

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of or rule-notablyin theform an exchequer publictreasury-wasoften rudimentary. By the Tokugawaperiod,in contrast, superior privileges had disdominion theimperial over for solved.Military court, example, found had in of from in expression theexclusion aristocrats governance Kyoto, their in in to of confinementa type royal ghetto, fulleconomic dependency, in and for the code of conduct-still remarkable its vaunting arrogance-that issuedto a nowsubject Tokugawa Hidetada nobility. Fiercebattles against communities culminated thedisarmament temples in religious had of and the and of shrines, registration reduction theirholdings, the issuance, for again,of legal statutes religious bodies,and theappointment miliof to officials superintend interests. their Armed tary local proprietors faced acts themostaggressive of subordination. Deniedlandandwithdrawn into castle towns,the samuraihad been compelledto forfeit theirbases of powerforan elusiveand ambiguous prestige persistently qualified deby for work. and pendency limited opportunities useful enmeshed a web of shogunal in Domainallords,themselves controls, units of nowgoverned highly integrated of local rule.Residents each doto of and main,uniformly subject thedaimyo's systems law,taxation, adconstrained national edictson arms were ministration, also universally by edicts or Theseandother for andmobility. (concerning piracy Christianity, tone example),all issuedin a magisterial by theunification regimes, gave of and voiceto thenewrealities consolidation enveloping authority. to efforts standardize and as measures Conveyed, well, by Herculean measure sincetheHeian period,theserealities currency, jumbledbeyond formin the "meta-texts" the time:the of took particularly interesting in which accounted detailfor nation's the and cadastral resources registries and the the agrarian population; administrative commercial maps which itself integral and as units with clear portrayed cities, domains, thecountry the of centersof authority; bukan, or registries military households, lists their heirs major and their which-withtheir ofthedaimyo, retainers, revenues castles-served,too, as mapsof power.The explosion and and and of the of control knowledge, objectification textual representationpowerethehallmarks an apparent of litical relations-these revolution. of Butthesecharacterizationsthemedieval earlymodern and erasare, ofcourse,selective, exaggerated, only-and thus fatally-half-true. They for the of and ignore, example, refinement medieval judicature thestrong, in ifnever trends toward bureaucratic dominant, organization theAshikaga fail to acknowledge continuing the administration. of They ascendancy in relations earlymodern imprivate, personal government. Theyfalsely of plythat political integration disposed,in a convincing manner, thein-

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of divisiveinfluence the courtor the Buddhist dependent, potentially these with Yet community. transcending obviousdifficulties ourmodelin difficulties, which,in any case, wereno less critical Europethanin the of so that distinctions fundamental they challenge utility Japan--are to theWestern paradigm elucidate Japan's passageintotheearlymodern period. of absolutism Japan. in Clearestis theabsenceof a version Western to body of the Powerwas concentrated, be sure,but in the collective overlocal taxation military and force.Furwho retained control daimyo of power-the creation regular, of the indepenther, institutionalization of publicand profesdent,and impersonal organs rulewithan explicitly at level.Aspectsof sionalcharacter-wasattenuated beston thenational to "state" formation, defined archetypally Weberand stillcentral the by in remain Western Japan-whether literature, problematic earlymodern a or we areconcerned with publictreasury,separate a judiciary, a national in distinctions,the"hidis and bureaucracy.' Finally, implicit theprevious of in den"quality early modern Functioning largely through regimes Japan. innocent general of leviesforrevenue conor domainal administrations, at a policeforce-the scripts (and,after 1615,never war),lacking national was in unlike Tokugawashogunate notconspicuous publiclife. Entirely it of a mobilizations unEuropean states, avoided becoming target political tilthenineteenth century. is as then, Japan Suggestive thewestern paradigm in somerespects, Whenwe use it we are compelled to as to continues emerge anomalous. or for cast our descriptions negative highly in to terms, strain tempered to as of comparisons, characterize Japan "late" or "deviant"inthepattern convergence. of did the during sixChanges grave significance clearly occurinJapan I werechanges, believe,of a certain order: But teenth they century. they universe political of within familiar a showcomassumptions, occurred in and with pellingcontinuities medieval development, are marked their of from experience western the a divergence Europe.In framingnew,more to we withtwoquestions suitable paradigm describe them, mustgrapple of central an understandingthedistinctive to forms political of administrationat thenational level.First, what did modern regimes powers theearly essential wereserved exercise? putanother what Or, purposes actually way,
of in 1. One of themosthelpful analyses stateformation thewestis Charles Tilly,ed., TheFormation National of Statesin Western Europe(Princeton: Princeton University Press, 1975). See particularly Tilly'sintroductory essay,"Reflections theHistory European on of from are in State-Making," 3-83. Important pp. excerpts Weber's work included H. H. Gerth Max Weber: UniverandC. Wright Mills,eds., From EssaysinSociology (NewYork: Oxford sity Press,1946).

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of by the seminalpoliticalchangeswe have noted-the contraction the concentration governing of eliteand theattendant prerogatives? Second, function? putanother howdidearly modern regimes actually Or, way,how the achievenational without "statist" did they integration developmentsor for in the formof bureaucracy fiscalrationalization, example-that in werecrucial Europe? that These are inexhaustible questions, certainly, I shallengageselecwill argue,idiosyncratically-for emphases will fall tively and,many my of of uponthelimitations national powerandthe"irrationality" adminislaterdiscussion, trative thatcentered integration process,to anticipate (a of It in a upontheexchange bodiesandgifts). is nonetheless uniting gento of in modern eralanalysis thegoals ofpower theearly regimes theconthat toward description a ductof powerin thoseregimes we maystruggle from We notethat analysis this oftheir departures medieval politics. might does notinherently engagethecomplex, elusive,andgenerally unsatisfacof and tory concepts progress modernization. the My focus throughout discussionwill be upon the "unification those of ToyotomiHideyoshi(1536-1598) and regimes"-primarily of Tokugawa Ieyasu(1542-1616), and to a lesserextent Oda Nobunaga of (1534-1582). These men,heirsto and reshapers thelegaciesof a cenof had brought medieval to a close, defined era tury civilwarthat Japan's modern settlement. theterms Japan's of early Did theEarlyModern 1. WhatPowers Exercise? Regimes Actually The unifiers but consistently limitedreforged exceedingly strong forceand to establish national gimes.Failingto monopolize military syson less of fronts well-from tems taxation, retreated other, critical, as they thecontrol banking domestic of and for commerce, example, from dethe of from management foodprothe of velopment a national policesystem, from surveillance publicworks engineering the of duction supply, and and acrossthecountry. projects Aspectsof social welfare-schooling, public the their conhealth, succorof thepoor and infirm-were fully beyond their cern,andperhaps imagination. Ambitious resourceful and wereoccasionally conmen, the unifiers on fronts. certain spicuous many Theyregulated markets, sponsored reclaand mation riparian husbanded reserves rice fortheir of projects, troops, Such efforts werenonetheless and and so forth. localized. sporadic highly of intervention-in form, exthe for Theyrevealno pattern aggressive of ample, of statemercantilism-indicative a nationalpolicy.Far outweredomainaland private pacingsuch efforts, moreover, initiatives (in and technological development, banking, transport, agronomy, the like)

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work the of modest for the bothestablished context thecomparatively that overit. to and unifiers continued takeprecedence of and howpowers, denseourcatalogues theunifiers' Thushowever and character, must we of intrusive coercive ourperception their eversharp wereneither that in dispersed fobeginwiththerecognition thesepowers The unification werepolitically regimes aggrandizing. cus norlimitlessly in in and and fashion, only aggressive, then a mostimaginative elaborate and From lawson arms classtotheproscripthe peace-keeping. onearena: on alliancetothesuppresfrom tionofChristianity, theinterdiction private to of on from controls marriage thedestruction castlesthe sionofpiracy, concentrated upon powernarrowly bespokewide central initiatives their as defined security as The unifiers, FujikiHisashihas beenarguing, order. mandate. their in of as the Thisconception rule,rooted we shallobserve both medieval mustalso be understood-must, perhaps, and tradition wartime politics, of the With be fundamentally understood-against background waritself. of of or the thenotable exception Chinesearmies, Japanese theSengoku, to the forces known era (1467-1615) hadmustered largest warring states, had over and they doneso repeatedly thecourse thecontemporary world; in than France.The last,cataclysmic battles smaller of 140 years a nation marshalled to up of the periodengagedover 300,000 men (Hideyoshi in of fortheinvasions Kyushu 1587 and theKantoin 1590) and 250,000 35,000 heads casualties. Ieyasumayhavecollected occasioned devastating in at the after confrontationSekigahara 1600.? of the Armsalso penetrated villages,cities,and monasteries thewarof instrumentssectarian agraras warfare, states period theubiquitous ring violent (oversuchissuesas borders, quarrels and ian rebellion, endemic inheritances, commercial wells, privileges, debts, rights, and water forest of and taxes,runaways, wives).The circulation weaponsandthehabitof of justice and selfby violentrecourse-sanctioned traditions private a intolawlessof (jirikikyfisai)-accelerated descent redress grievances at of shogun thehandsof nessmarked equallybythemurder thethirteenth in of Nichiren during temples Kyoto hisvassals,thedestruction twenty-one attacks mobs from Mount raid by a single Hiei,regular gruesome ofmonks
heiwa-rei in of argument appears FujikiHisashi,Toyotomi exposition this 2. The fullest 1985). DaigakuShuppan-kai, Toky6 tosengoku shakai(Tokyo: ibun ed., HOkW (Tokyo:Hakubun-kan, 1914),pp. 213-31; Kuwata 3. KusakaHiroshi, (Tokyo: Kadokawa Shoten, 1975), pp. 209-11; Hideyoshikenkya Tadachika, Toyotomi 1964), Kobun-kan, taikei(Tokyo:Yoshikawa kokushi z6hW ed., Shintei KuroitaKatsumi, jikki),p. 70. vol. 38 (Tokugawa

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of of debtors upon the pawnbrokers the capital,vendettas provoked by and arsonused to facilitate theft.4 adultery, persistent Kyoto'swartime of to diarists usedthelanguage apocalypse describe "worldbereft the a of of a way,"a "consummation darkness," "realmin extremity."5 tellMore ingare thecitylaws-forbidding publicdancing (furyiodori) or sumo, to closing the streets itinerant samurai,permitting redemption the of the conpawnedarticles solelyby women during hoursof daylight-that becamea statement of veythementality siege.' Even urban of geography overtoresidential was given islands surrounded moats, upheaval: Kyoto by fieldspopulated wild walls, and haunting expansesof rubble-strewn by boar,badgers, birds. and Pitched werespikesholding before entrances city headstaken wartrophies.' as The assaultupon thisviolence,as it emerged the unification in regimes, tookcomplex extreme and form. focused, It first, uponestablishing on theruler's monopoly justice-partiallythrough legislation and, more on in importantly, through control landtenures broke, fact, basis a that the ofprivate Hidetada Thuslongbefore jurisdictions. Tokugawa promulgated his laws forcourtiers, example,Hideyoshi eliminated for aristocratic had in all and autonomy cancelling proprietary taxation by rights Kyoto,by fees thathad provided courtwithcomthe abolishing guildsand barrier and mercialinfluence, by restructuring roku-ch6 the machiabutting the a of for and palace thathad provided constellation servants retainers the throne.8 content Not with attrition warthat already the of had muchdiminof ishedthelingering powers thenobility, unifiers the mounted calculated a to campaign isolatethiscommunity. the and shrines and the appointment of Similarly, laws fortemples to magistrates oversee them beenpreceded containment rights had by of in
in of 4. An excellent, detailed, annotated and chronology wartime events Kyotomaybe in no vol. found Kyoto-shi, comp.,Kyoto rekishi, 10:Nempyo, jiten(Tokyo: Gakugei Shorin, 1976),pp. 206-54. Gen 5. Quotedin Akiyama Kunizo, Kod6 enkaku-shi (Kyoto:Ky6toShiyakusho-nai Kyoto-shi Kod6 Reng6-kai Jimusho, 1944),p. 17. vol. 6. See, forexample,Sat6 Shin'ichiet al., comp., Chusei hosei shiryo-shu, 2: Muromachi bakufu-ho (Tokyo:IwanamiShoten,1957), tsuika-ho numbers 281, 341, 482; vol. Kyoto-shi, comp., Shiryo Ky5tono rekishi, 3: Seiji, gy5sei(Tokyo:Heibonsha,1979), 37 Tokitsugup. 321, document (Kami-kyo monjo,Temmon 19/7/10); Yamashina Tokitsugu, kyoki (Tokyo: ZokuGunsho Ruijiu Kanseikai,1965),Temmon 13/7/14. 7. A masterful study Kyoto'sgeography of during era of warring the statesappearsin Takahashi Yasuo, Kyotochuseitoshi-shi kenkyu (Kyoto:Shibun-kaku, 1983), pp. 291-374. 8. Kyoto-shi, comp., Kyotono rekishi, vol. 4: Momoyama kaika(Tokyo:Gakugei no kenkyu, Shorin,1969), pp. 391-92, 377-78, 288-90; Takahashi, Kyotochuseitoshi-shi pp. 468-81.

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land. Thus Oda Nobunaga,forexample,had registered holdings the of in Kdfukuji other and monasteries NaraandHideyoshi confined had Mount properties assignedto Kibo-Daishi.9In thevesting Koya to theoriginal in sent document toMdriTerumoto 1591,Hideyoshi explicitly theland put for under and Terumoto's allotment temples shrines authority, stipulating and once immune from that"eventemples shrines entry [funyti] reshall '0 vert thecontrol thisindividual." Discrete cumulative effect, to of but in suchinitiatives established superior the proprietary rights theruler, of put in allocations religious to communities clearly their "gift"(kishin), and terminated immunities hadprecluded military the that full over jurisdiction thechurch. of in The final subordination thesamurai involved denialoftenures the land.Theyweresimply off the cut from villagers, extended families, subinto vassals,andlocal allieswhoseintegration thedaimyo's sphere conof beenqualified thepresence these trolhad necessarily by of enfeoffed warriors.The independence thedaimyo of themselves, implicitly constrained decreesthat by thevesting placedtheir domains within disposition the of the rulerwho vestedthem,was amplyconditioned by statute. too Nobunaga'snotablelaws forEchizenputthedomainin the "trust"of his "Needlessto say,youwillfirmly daimyo concluded: and resolve act,in to " in all things, conformity Nobunaga's with orders." Hideyoshi's daimyo to "In in werecompelled swearthat all things, willnotviolate theleast we theorders theKampaku."TheTokugawa of swore"strictly obey to daimyo Edo." The Laws Governing Miliall regulations hereafter issuedfrom the first in tary Households, issuedbyHidetada 1615,followed closelyin tone and in detailthefourteen articles issuedby Hideyoshi's eldersin 1595: in in in as as marriage in drinking habits, clothing in theuse of palanquins, of alliancesas injustice-the conduct thedaimyo of was a matter official 12 regulation. of The seminallegislation thedaimyo, for deniedtheright however, In redress. whatFujikiHisashihas called the "so buji-rei,"first private
Kobun9. OkunoTakahiro, ed., Oda Nobunagamonjono kenkyui (Tokyo:Yoshikawa (Tokyo: Kadokawa kan,1969-70), vol. 2, pp. 547-52; TsujiZennosuke, Tamon'in ed., nikki Nihonno ayumi: Shoten, 1967),pp. 126-3 1; KodamaKotaetal., eds., Shiryo yoru ni kinsei (Tokyo: Yoshikawa Kobun-kan, 1955),pp. 46-47. 10. Mori-kemonjo,4 vols. (Dainihonkomonjo, lewake monjo,ser. 8 [1920, 1922, 1922, 1924]), vol. 3, document 957. 11. Okuno,ed., Oda Nobunagamonjono kenkyu, 2, pp. 87-92. vol. in 12. Omura (Tokyo:ShinYuiko, Tensho-ki, KuwataTadachika, ed., Taikoshiryo-shu Nihonno ayumi:kinjimbutsu Orai-sha,1971),pp. 113-14; Kodamaet al., Shiry6 yoru ni 1914), sei, pp. 77-78, 78-79; Kusaka Hiroshi,ed., Hokok ibun (Tokyo: Hakubun-kan, pp. 545-47.

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in for domains 1587,HideissuedbyHideyoshi theKantoandthenorthern yoshiclaimedpeace and pacification his exclusiveprerogative, as and of effectively abolished,underthreat grave punishment, daimyopreto own purposes.'3 rogatives go to war fortheir The right defend to the domainwitharms,to resolvequarrelsthrough battle,to attackneighfeatures domainal of bors-defining justicein wartime-was rescinded. Here,in theviewofNagahara of Keiji, was theevisceration theautonomy of thedaimyo. assumeda monopoly waror,alternatively, on Hideyoshi a on monopoly peace.'4 Equivalentlaws for villagers-the kenkachoji-rei-followedafter 1588 in Kawachi,Omi, Harima,Settsu,and other locations.As private redress denied daimyo, werepeasants was the so forbidden resolve to quaror relsoverwater forest '5 rights through peremptory belligerence. In laws forKyotoissued in 1583, Hideyoshi that stipulated bothpartiesto any wouldbe summarily that quarrel resolution grievof punished, all private and his anceswas forbidden, that magistrate, Maeda Gen'i,aloneretained of rights justice.TheTokugawa elaborated consistently uponsuchstatutes, bothforvillageand cityresidents." A secondaspectoftheassault uponviolence involved stern ofdisacts backedby immense in cipline, military or force, thefaceof defiance disof turbance thepeace. Peasant in participants an armed quarrel overwater in Settsu, example, for wereexecuted 1592. A similar in struggle Omi in residents three of between in villagesconcluded theexecution a repreof from sentative eachcommunity during 1589.17Twenty-six villagesinSaiga on theKii peninsula, loyalto theIkk6sect,wereleveledby fire all during 1585. The priest of Nichioku, theHokkesect,was banished refusing for to participate theconsecration Hideyoshi's in of Daibutsuin Kyotoduring 1595. A satirist on who left graffiti thegateof Jurakutei, Hideyoshi's in residence the capital,was crucified.'8 Insubordination the daimyo by metwithattainder, in reductions holdings, on occasion,death.Oda or, Nobukatsu his domainin Owari forrefusing moveto theKanto; lost to
13. Fujiki,Toyotomi heiwa-rei sengoku to shakai,pp. 1-76, esp. 75-76. 14. NagaharaKeiji, Nihonchuseino shakaito kokka (Tokyo:NipponHos6 Shuppankyokai, 1982),pp. 192-93. 15. Fujiki,Toyotomi heiwa-rei sengoku to shakai,pp. 77- 162. 16. ShiryoKy6tono rekishi, vol. 3, p. 391; Fujiki, Toyotomi heiwa-rei sengoku to shakai,pp. 92-106. 17. Fujiki,Toyotomi heiwa-rei sengoku to shakai,pp. 79-83. 18. OmuraYuiko, Tensho-ki, 67-69; TanakaYoshinari, pp. Toyotomijidai-shi (Tokyo: Meiji Shoin, 1934), pp. 73-78; MiyazakiEishui al., Nichiren et no shinko rekishi (Tokyo: Shunjii-sha, 1972), pp. 106-8, 116-21; ShiryoKy6tono rekishi, vol. 5: Shakai, bunka (1984), p. 325, document 32.

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lost and Sassa Narimasa bothhisdomain his lifefor precipitating agrarian in '9 uprisings Higo. in of conducted public,executions justicewereaccompanied Normally Three thousand soldierslined the by frightening displaysof strength. residence whilethetea master cutstreets surrounding no Rikyu's Sen was in Firstexhibited cartsand tinghis bellyunderorderfrom Hideyoshi. of the children thirtyand pulledthroughout majorstreets Kyoto,thethree wentto theirdeathsat one womenattendants Toyotomi of Hidetsugu in of Lest such messagesbe Sanj6-gawara thepresence a vast guard.20 the of missed, Hideyoshi stirred memory potential subversives. seriesof A to of fivevariedorders themonks MountKdyaconcluded: "Inasmuch as owneyesthat yousaw with your MountHiei and Negorotemple werefifor nallydestroyed actingwithenmity the against realm,you shouldbe 21 in of discerning thesematters." In its threat severe, ominously but unspecified, punishment articletypifies of the unification this law period. Disciplinewas certain,its formdiscretionary. Statutes repeatedly did "If is that state, however, itwouldbe collective. there anyconcealment [of men or all military whohavebecometownsmen farmers], inthat neighborto hood and that "Shouldanyfarmer, place shallbe brought judgment." his or that needless to abandoning fields, intotrade wagelabor, go person, 22 to say,andall in hisvillage,shallbe brought judgment." is It is thethird that most of aspectofthepacification process familiar, to the course:theattempt eliminate wherewithal to reducetheoccaand sionsofwar.Often viewed as and discretely policiesof "control," adduced as of state in initiatives thisarea collectively evidence intemperate power, be might better perceived a systemic as attack of upontheroots disorder. to The withdrawal thesamurai of from land,muchas it served break the of the traditions local justice, servedtoo to transform conditions prelocal upheaval.Generallimitations social mobility-denial on cipitating of theright changestation residence-constrained entries to or new into and thesamurai massabsconding migration, ranks, political mobilization, and travelor abrupt changesin agrarian demography, all unregistered Laws forcommoners access to arms-definednot movement. governing
19. Tanaka,Toyotomi jidai-shi, 215. p. 20. Haga Koshiro, Sen no Rikya(Tokyo:Yoshikawa Kibun-kan, 1963), pp. 259-72; MuraiYasuhiko, no Rikya(Tokyo:NipponH6so Shuppan-kyokai, Sen 1973), p. 230; "The SecondEpistleof thedeathe theQuabacondono, of Written F. Aloysius by Frois,one ofthe in of An. Societye Jesus, of FromJapania themonth October, Do: 1595," in a contemporary MS Harvard translation Frederica by Oldach,heldbytheHoughton Library, University, Jap 3.1, pp. 68-69. 21. Kodama,Shiry6 yoru ni Nihonno ayumi: kinsei, 46-47. pp. 22. Hok6 ibun,pp. 311-12.

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short or onlyas "long swords, swords, bows,spears,muskets, anyother implements" (irazaru formof weapon" but also as all "unnecessary dimension statutes to redress. forbidding private d5gu)-gave a structural a The edictsoutlawing Christian proselytism attacked divisivecreedthat temples, challenged inspired rampages against native shrines Buddhist and influence and uponforeign priests. temporal authority, bestowed dangerous to order theseas, coastalvillages,and offiAssaults uponpiracy brought trade.23 ciallysanctioned Deeply affected all of thesepolicies,thedaimyoalso facedstrucby ownfreedom. transfer redistribuand constraints their Frequent tural upon from removed them familiar andpositioned turf tionof holdings seasoned of allies of theunifiers belligerent lords. alongtheboundaries potentially of of doThe reduction thecastlesof thedaimyo,thesurveillance their the of mainsby spies and inspectors, periodiccollection hostages-all for constrained preparations war.24 The temples of In lessermatters, theunifiers remained vigilant. too, to major cities, ports,and castle townswere transferred well defined from werebothremoved their congregazones,or teramachi,where they to Unlicensed access to theimperial tionsand subject oversight. palace by commoners forbidden. was by ramKyotowas girdled a stoneandearthen and miscreants.25 partthat impeded entry mobs,brigands, other by the In a fourth final and assaultuponlawlessness, unifiers assailedthe of interest. his to very principle private Nobunagacautioned daimyo "refor of my vereme anddo notfeelenmity mebehind back."26 The primacy and of commitment it,found to theruler's interest, theurgency a corporate In bothpractical hortatory and the instance, unifiers expression. thefirst forbade alliancesamong daimyo, the even(perhaps in especially) personal articles their betrothals. fourteen The issuedby Hideyoshi's eldersbegin: "In marriage the of relationships, daimyoshouldobtaintheapproval the ruler before the and settling matter." Theygo on: "Greater lesserlordsare into from and signstrictly prohibited entering deliberately contracts from
in of familiar statutes maybe found MaryElizabeth 23. One treatment thesebroadly 1982), HarvardUniversityPress, pp. 91-93,102-11,133-34. Berry, Hideyoshi (Cambridge: pp. Berry, Hideyoshi, 80-85, 90-91, 95-96, 132-33, 141-43; 24. See, forexample, Japan(New Haven: Men: TheFudai DaimyoinTokugawa Treasures Among HaroldBolitho, Press,1974),pp. 7-17. Yale University hensen-shi 25. Kydtono rekishi,vol. 4, pp. 301-7; Fujita Motoharu,Heian-kyd of structure teramachiin castletowns of (Kyoto:Suzukake,1930), pp. 43-44; thegeneral a is from study themapsinNishikawa of Koji andHaradaTomohiko, theEdo period apparent 1973); Nihon(Tokyo:KashimaKenky0-jo Shuppan-kai, eds., Nihonno shigaikozu:higashi hensen-shi, 43. p. vol. Kyoto rekishi, 4, pp. 288-90, 294-301; Fujita,Heian-ky3 no vol. 26. Okuno,ed., Oda Nobunagamonjono kenkyfi, 2, p. 92.

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Laws Governing Military ingoathsandthelike." The original the Householdsstipulate: notenter marriage "Do into privately." a commentary And "To of an is concludes: form alliance marriage theroot treason." by Subsethe of of quentlaws forbid formation leaguesandthetaking oaths.27 Joined statutory to injunctions against private alliancewereinvocations ofa common good,the" kogi"orpublicinterest, required sacrifice that the A of of personal interest. singularly interesting expression thesentiment death. appearsin theoathtaken senior by daimyo before just Hideyoshi's I to to Item: willserve Hideyori. service him, like service My just my shall without be the Taik6, negligence. no or Addendum: know duplicity other I will thoughts all. at and orders As the have declared Item: for laws Hideyoshi's as they been violate in slightest. them the uptothe present I willnot time, itto Item: Inasmuch I understand beforthesakeofkogi,I willdisas toward peersand will not act in my own card personal enmities my or arelawsuits, and quarrels, disputes involving parents children, brothers, no orcomplainants I know, resolve, whom I to knowing partiality, actin with law. conformity the I to Item: willnotreturn willfully mydomain without asking leave. (Emphasis added)28 to of We shallreturn consider implications k6gi-a chameleon the term masksas often itmirrors as But that meaning-intheconclusion. here,let us note,itis both tiedinextricably theinterests peaceful to (in succession) of therulerhimself poised antithetically and againstduplicitous private and interests, thoughts, personalenmities factionalism, partiality, and willful action. in werewide-ranging cobut Assembled theunification regimes, then, inefforts eliminate to lawlessviolence ordinated predicated uponprivate to and of the resort arms, thefailure supeterest, personal justice, habitual of riormechanisms law enforcement. Theseefforts clearly novel were not The Sengokuexperience in their however. itselfcan be discrete parts, the understood a convulsive as directed toward rationalizalargely process of to definition relations power.Committed absolute of tionand vertical law over jurisdiction their domains, daimyolike theImagawaused their of to the the codesto deny local authority theshogunate, terminate judicial of and immunities (shugofunyf) formerly private privileged proprietors,
no pp. ni kinsei, 79, 80. pp. 27. Hdkdibun, 545-47; Kodama,Shiryd yoruNihon ayumi: 962. monjo,vol. 3, document 28. MWri-ke

interests. I if Item: willnotestablish factions amongmyassociates.Even there

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statutes.29 universal underuniform, and to embracedomainalresidents offers in dominion theKanto,further, a MichaelBirt'sworkon theH11j6 of and of examination thesubordination stratification thesaconvincing of for rescission their tenthe that murai established preconditions thefinal uresin land.30 of the respects, daimyo thesixteenth critical, In twoother, particularly the of justice.First, Imagawa the also century fixed parameters unification in codes (of 1526 and 1547) that: as well as theTakeda stipulated their into be without inquiry the will by "Parties quarrels both punished death to of had statutes been a fixture wartime of merits thecase." Whilesimilar ultimate to articles combine thesewerethefirst and medieval judicature, was blame: violenceused in defense withjoint,unconditional sanctions to aggression.'Theyapplied,moreover, all as fully culpableas violent of feature wartime legof regardless class. The secondinfluential residents in housecodes, was thecondemnation conspicuous all surviving islation, contracalliances,leagues,factions, bondsof attachment-of of private associations-thatmitigated the kinship tual oaths,politicalmarriages, Actions the by and provoked daimyo's primacy conditioned ruleof law.32 werealso forbiddenas thesebonds,repudiated lawlessin themselves, of in suasion a magistrate. partiality judgment, deedsofrevenge, vendettas, of the Hence in law,ifnotalwaysin fact, leadingdaimyo thewarring the justice, interest, personal era states had initiated assaultuponprivate in the regimes their self-redress. Theyanticipated unification and violent of ties of identification powerwiththe suppression mediating of attachoverlaw anditsenforcement, of and exclusive control of with ment, order to withunconditional responses violence.Indeedthecode of the security that himits house(1567), with elaborate stipulations thedaimyo Rokkaku in unification judicature itsseparaselfwas constrained law,surpassed by of Shizuohas and tionof thepersons theprinciples power.As Katsumata in and thoughtful analysesof Sengoku law, suggested his meticulous
vol. et 29. Sat6 Shin'ichi al., comp., Chasei h6sei shiry5-sha, 3: Buke kahd(Tokyo: 20, on statement p. 122 and article Shoten,1969),I, 115-131, esp. theconcluding Iwanami p. 130,ofthelaws of 1553. of 30. Michael P. Birt, "Samuraiin Passage: Transformation the Sixteenth-Century 1985),pp. 369-99. Vol. 11,No. 2 (Summer Studies, of Kanto,"in TheJournal Japanese Shuppan-kai, Tokyo Daigaku(Tokyo: shiron seiritsu Shizuo,Sengoku-h6 31. Katsumata "The Development Collcutt, with 1979),p. 256. Also see pp. 247-57 andKatsumata, Martin eds., Japan Keiji, andKozo Yamamura, Hall, Nagahara Whitney Law," in John of Sengoku 1500 to 1650 (Princeton: and PoliticalConsolidation EconomicGrowth, Tokugawa: Before University Press,1981),pp. 101-24. Princeton "The Developseiritsu shiron,pp. 234-47; Katsumata, Sengoku-h3 32. Katsumata, Law," pp. 104-1 1. ment Sengoku of

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a of between dothe daimyo thetime mayalso havemaintaineddistinction that of mainal ruler theinterests thedomain and (thekokka) was notmainof the and or tained between unifiers theinterests therealm(thetenka, the he embodied realm; was thekogi.34 the kigi). Hideyoshi 3 in of law both If theelements unification find precedents wartime, disin articles covertheir origins themiddle ages. Fourof thesupplementary of code (1336) concern and acts (tsuika-h.5) theKemmu offensive defensive acts of defense, Item15 sanctions of war or redress. although solelyfor acts authogoodcause,whilecondemning ofaggression lackshogunal that Item26 repeats thatgrievants rization. (even thosewithclear grudges) of unprohibits mustappeal to theBakufuforauthorization vengeance, and full of for sanctioned belligerence, prescribes confiscation property without the thosewhopursue unspecified aggression justification (leaving justifipunishment thosewhoengagein unsanctioned, nonetheless for but In confisaddendum, able, aggression-a neatdistinction). an important for cationof property also prescribed accomplices, is exceptwhenample 58 act both causefor defensive can be adduced.Item identifies aggressive a and whileallowing actions criminal punishable, as that the and defensive of will Item396 punishment defenders dependupon thecircumstances. full of from aggressors, all of confiscation stipulates confiscation property half theproperty defenders; of of when is heinous to aggression sufficiently defenders areto lose all property.35 too merit capitalpunishment, in interest mitigating a for A persistent circumstances,sympathy deto fenders to (untilthefinalitemof 1516), a reluctance respond lawless with and casesvengeance capitalpunishment, a respect-in authorized of forprivate rather thanofficial enforcement justiceclearly thesearset from Thereis nonetheless here unification ticlesapart apparent a practices. of for and consistent Always requirnarrowing themargin redress defense. as even authorization well as ampleand justifiable grounds, ing official in are defensive actionswithout permission proscribed, the end, under of threat grave penalty. the In respect generallawlessness, third to articleof thecode itself all of assault,murder, opensan ongoing peroration against manner theft, violence overtaxcollection, harvest attacks uponpawnbrokers, disorders, in condemned, law again if arson,and "carousing."Uncompromisingly
33. Katsumata, "The Development Sengoku of Law," pp. 114-24. 34. OmuraYuiko refers Hideyoshi kogiin theTensho-ki twenty-one Hideto as and of letters close with signature the tenka. Tokyo See yoshi's personal DaigakuShiryo Hensan-jo, 3 vols. (Tokyo: comp.,Ho6 Taikoshinseki-shfi, Toky6 DaigakuShuppan-kai, 1938). in 35. Allnumbers tothetsuika-h6 they refer as appear Satoetal., Muromachi bakufu-h6.

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crimes anyuse of publicforce.36 but notin fact,arenotonlyconventional the of As early 1346,moreover, formation leagues(ikki)for as violent purand and who posesis forbidden, by 1490all accomplices confidants failto in and report league action-even collaborators the aristocratic military of threatened confiscation holdings. with communities-are Conspirators are withthievesand pirates, regardless again of station, also liable to punishment.37 The inroads thatappearhereagainst nobleand religious immunities, in the of or originally expressed laws prohibiting harboring traitors murin that forbid court grant to military the to title continue items men derers, without in articles the of shogunal consent, exhaustive governing conduct the and of theZen community, in sanctions against interference outsiders of women,Zen priests")in theconduct government.38 Item ("courtiers, Hiei. Mob action, 145,issuedin 1386,takesaimatMount violent descents on intothecapital,vengeance intimidation thepartof itsmonasteries and are and shrines proscribed. These and manysimilar constraints upon the traditional proprietary of are and governing of community well known, course.The limitations Immunities private and Ashikaga justicearealso wellknown. jurisdictions survived the Blanket sanctions until end of thesixteenth century. against and all partiesto them,waiteduntilthe Sengokuperiod.The quarrels, condemned lawlessnessof leagues, but not the leagues the shogunate But themselves. thepointhereis a simpleone. Whilewe mustacknowlin and beedge thesignificant departures wartime unification justice,they of in longto a continuum change.Already striking thelaw oftheAshikaga is a movement toward the encompassing, superior jurisdiction, denialof of lawlessprivate redress, theidentificationviolenceas a central and concernof, and an intolerable menaceto, theshogunal administration. No less significant therefinementjudicialprocedure themediis of in eval era, a development datesat leastfrom Kamakura the that period.In their outlines administrative of theoretical conduct theSata mirensh6 (in of andtheBuseikihan)andintheir elaboration theinstruments of practical the all judicature, earlyshogunates surpassed butthe late TokugawareWhatremains aboutthemedieval in gimes.39 striking shogunates, fact,is their definition government judicialterms. of in apparent Theyactedpre36. See, forexample,tsuika-h6 numbers 188, 306, 336-343, 515, 520. 51, 37. See, forexample,tsuika-h3 numbrs 29, 30, and304. 19, 38. See, forexample,original articles 10, 11, 16 and tsuika-h6 8, numbers 66-78, 4, 184, and234. 39. Reproduced Sat6 et al., Muromachi in bakufu-h6, 355-98. pp.

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as all and eminently judges, thechiefrole of virtually officials, in their their and to both dramatically owninfluence responsiveness suits expanded in, proprovoked widening conceptions and participation thepolitical of, commercial quarrels, example,theAshikaga for cess. Thus in mediating their over whileestablishing comfor implicitly extended jurisdiction trade of monergrievants rights recourse authority. the to Litigation also esof to landandhousesin Kyoto, tablished rights townspeople purchase the in against debtcancellations, recand protected transactions realproperty of (wills,guildlaws, sales agreements, ognizedthecontracts commoners in The and of andthelike)as binding law.40 fluidity openness medieval sysof of wouldnotbe excelled. tems rule,likethepunctility legalprocedure, Whatwas excelled,ofcourse, was thereachofpower. The changes of in wartime an immunities thedomains, assailed brought endtoproprietary and of thenotion notonlythelawlessness faction, deniedviolent and selfThe redress periodwere,in unconditionally. changesof the unification of in both to parties part, changes scope. Laws condemning equal measure once bothrareand local, werebroadly armed articulated. Laws quarrels, were also extended the allianceand self-redress to condemning private Swift sureenforcement, and themselves. the is although point diffidaimyo it cultto document, Certainly acquired newpublic a probably improved. or uses offorceanddramatic capricious excessive quality. Occasionally fire of execution Rikyii, Nobunaga's raidon northern KyotoorHideyoshi's the for example-heightened terror. of It mayappear,too, thatthefinalsubordination thecourtand the of werematters scope of and church, eventhefulldivestiture thesamurai, of the as well-extendingto a logical conclusion imperatives wartime of era). Yetwhatis logical(or what (and, in somerespects, themedieval Trends notforetell do reis mayseemlogicalin retrospect) notinevitable. the of for cannot dictate shapeof sults;theexistence preconditions change of politics notso muchin thecontraclay change.The novelty unification of of a hierarchical tionof theeliteandthestern ordering relations power, structural assaultuponthe but processlong underway, in thedeliberate, termiWhiletheir in foundations land of private predecessors privilege. the natedimmunities wrotelaws foronce independent and proprietors,
shoyti tsuite," ni in 40. See, for example, Wakita Haruko, "ChuseikokiKyitono tochi Tokyo DaigakuShuppan-kai, Nagahara Keiji,ed., Sengoku-ki kenryoku shakai(Tokyo: no to the and 1976),pp. 265-329, esp. 311-25. WhileWakita emphasizes limitations thevulnerain of it to bility thetransactions property commoners, is equallyappropriate acknowledge of Commoners begun had theincreasing scale and legitimacy thesealbeitlimited of initiatives. ownsales andcontracts. to their to use government successfully protect

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absolutejurisdiction-the They founded unifiers abolishedland rights. of absolute proprietorship. goal as wellas themedium pacification-upon of approachto regimes lay, too, in the structural The novelty their from of Whiletheir preforms disorder privileged landholding. separable or violent had the quarrels, unidecessors taken against hostages inveighed closed theirborders Christian to fierscollectedarms,haltedmobility, of integral characthe regimes in their lay priests. Finally, novelty their combination jurisdictional of aggressive ter-in themasterful supremacy, attacks of and systemic upontherootsof disorder, punishment violations, alliance. thedenialofprivate of rather ofrevolution. of the than One Yetwe arestilltalking novelty described in aboutthesixteenth century-sooften mostinteresting things of act: revolutionary thelanguage revolution-istheabsenceofthecentral If national of repuditheoverthrow a legitimate government. thedaimyo law their domains and atedshogunal within (evenwhileusingitslanguage from Bakufuand fought the traditions), also appealedforshugotitle they whenit suited them.Somehowseparating the banner the under shogunal of that warsfrom and the persons governing practices becamevictims their conceived frontal no the or those represented, daimyo institutions persons itself.Persistent upheavalsat the ideologicalattack upon the shogunate with OninWarand culminating the of center shogunal power-beginning or of the in assassination-involved transfer exercise that powerand preAs not sumedits continuation, its extinction. WakitaOsamu's workhas worked revive shogunal to evenOda Nobunaga the institution (fillshown, its it of perceiving as thelogicalmedium ingitsoffices, securing income), of The national administration.' end,whenit came, tooktheform a perYoshiaki. Thatend, sonalstruggle between Nobunagaand theintractable as was a by moreover, not marked contemporaries an eventsignifying asseminal ki, political passage. The Shinch6-k5 Nobunaga'sbiography, and official Hideyoshi's signsit no surpassing significance theTensh6-ki, fails to mention at all.42Indeed in 1587 Hideyoshi it vested biography, of 10,000 kokuin AshikagaYoshiaki.More tellingare the documents in Maeda Gen'i, Hideyoshi's invoke magistrate Kyoto,thatconsistently in of of records support thedecisions theToyotomi Tax regime. Ashikaga are to for as exemptions granted theKamo shrines, example,"inasmuch havebeenentrusted repeated with decrees[on-geji]." theshrines shogunal in documents thelegitimate as successor legitiof Hideyoshi emerges these
seiken bunseki, 2: Kinseih6ken-sei no vol. seiritsu shiron 41. Wakita Osamu,Shokuh6 (Tokyo: Tokyo DaigakuShuppan-kai, 1977),pp. 239-61. (Tokyo:KadokawaShoten,1970). 42. Ota Gyilichi, Shincho-ko ed. OkunoTakahiro ki,

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and of orders. matepredecessors as theenforcer their Theirassociation is never pointedly emphasized, disavowed. One might that was argue, certainly, theshogunate simply eviscertoo as ated to matter an enemyor obstacle,and too useful-as a sourceof an legitimacy, administrative durable model,a historically of symbol auabandon But also thority-to altogether. we might reformulate obserthis in of vationsomewhat, themanner J.G.A. Pocock interpreting Edmund to a Burke, see in theBakufu depository collective of wisdom governand of ingexperience, law and legal language, and of gradual adjustments to reality "embody wisdom moremen,in a higher that the of state refineof than individual the intellect hopeto equal orexceed."4 The aucan ment, of like of thority itstradition, theauthority thecommon law,was superior to of andantecedent theauthority anyruler. Thusthedaimyo whogathered at Nij6 castlein 1611to swearloyalty theTokugawa to werecompelled to "act in accordwith laws of theshogunate the the [kub6]throughout genof erations sincethetime theGreat General theRight of [Yoritomo]."45 The absence therevolutionary andthestress of act uponcontinuity may indicate perceived a of community purpose between unifiers their the and a Ashikaga predecessors: common with preoccupation order, with suthe to perior jurisdiction necessary achieveit, and withtheneed to suppress violence attacks through uponprivate justice. and in this Obscuring, evendenying, continuum political goalsis a disin to the position modern of scholarship appreciate moderation medieval and the of judicature to recoilfrom structure social control in created the era. And, indeed,thescope of "peace-keeping" earlymodern under the unifiers so vast,anditsimplications grave, tobeliethecharacterwas so as of ization earlymodern as Yet government limited. we might temper this as response, FujikiHisashisuggests, weighing by against oppression the of of social control oppression endemic the violencethatmedieval regimes were We unable stem.46 might measure also to the of carefully actualweight official the of self-rule villagesand in intrusion-for evidence continued shades portrait a state the cities of leviathan. we significantly Finally, might consider theunifiers in that of joineda ferocious energy theeffort pacificacomp., Zoku gunsho 43. Maeda Gen'i, "Gen'i Hiin gejij6," in Hanawa Hokinoichi, ruija(Tokyo: ZokuGunsho RuijiKansei-kai, 1961),ser.23, pt.2, vol. 666, pp. 329-42. The in more is document The point explored 57. is broadly MaryElizabeth Berry, quotation from of in Magistrate Kyoto,"in theHarvard "Restoring Past: The Documents Hideyoshi's the Vol. 43, No. 1 (June Journal Asiatic 1983),pp. 57-95. of Studies, and Historical 44. J.G. A. Pocock,TheAncient Constitution theFeudalLaw: English 1967),p. 242. Thought theSeventeenth in Century (New York: W. Norton, W. kinsei, 77. p. 45. Kodama,Shiry6 yoru ni Nihonno ayumi: to 46. Fujiki,Toyotomi heiwa-rei sengoku shakai,pp. i-xi.

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from of other functions commerce the and tionto retreat (control domestic like) and opportunities (preeminently of confiscatory that taxation). This latter issue-the apparent absenceof exploitative extractions by reflection. officials-bears particular Clearlythegoal of theunifiers was of of whichthegoverning theestablishment a context orderwithin elite of resources. couldclaimitsshare national novelin itself, Although hardly does retain unusualresonance an thisobjective insofar order as tookprioverthemaximization that of resource share.Notablein theunificaority is in tionera, thephenomenon morearresting thelate Tokugawaperiod elite whena penurious elected debtoverincreased heavy agrarian taxation, of systematic exploitation commerce, reduction the of openforeign trade, of samurai attainder domains, anyother or actionthatmight population, the order. have imperiled social and political The primacy peace, and of the relegation economicaggrandizement a secondary of to position,is of modern central an understandingtheabsencein early to of surely Japan in as "stateformation" itoccurred thewest.Neither international nor war intractable unrest civil the generated costsofmobilization, needforan the the to control overproduction expanding policenetwork, incentives central and and consumption, so forth. theircritical By closely demarcating of of sphere interest-the and preservation peace-the unifiers their sucthe cessors renounced limitless interferencegovernment exchange of in for This the of security. bargain mayexplain stability theTokugawa regime. 2. How Did EarlyModern Regimes Actually Function? In establishing the did order, unification regimes seize someclassically on "statist"prerogatives: monopoly justice,universal a the jurisdiction, to This development factions. right dissolve private in occurred, however, theabsenceof attendant institutional "state"development. unifiers or The no wrote constitutions, codified laws,created judiciaries, no no assembled no national no bureaucracy, appointed national police, openedno public treasury. Two caveatsmaybe appropriate here.First, course,theunification of werenew,immature administrations. regimes we Further, shall consider their national rather their than household functions-to makea distinction that was meaningless theunifiers to In themselves. practice, ruleoverthe realm was an extension, was executed part thepersonnel, the and in of by administrations to the designed supervise direct holdings (kurairi, tenry6) of theunifiers. household The administration theTokugawa, of although I never believe strictly "bureaucratic," becameincreasingly elaborate, rouover and tinized, professional time.Yet evenin mature form, instituthe tional of character national was minimal. rule

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Individual domainallordsdominated national the administrations of the unifiers. They servedthree,neverentirely separate, functions: the owndomains semi-autonomous lords;they as daimyo governed their local as of also served local representativescentral within their rulers, enforcing on ownboundaries universal the statutes armsandclass, for example; and they assumed, specialappointment, supra-domainal that by those tasks the saw fitto assign. Thus whilelocal lordsexecuted unifiers occasionally within owndomains, most Hideyoshi's of orders their sometrusted daimyo (normally appointed bugy3)conducted as cadastralsurveys, collected castlesbeyond their boundaries.47 fourteen The arms,and destroyed arthe evidence something of ticlesof 1595provide first resemdocumentary administrative councilto act, significantly,thearea of in blinga regular "A be to judicature: direct appeal . . . shouldfirst addressed thetenmen 48 whowilltakesteps summon to both parties." Fiveoftheten,all daimyo, werecharged before to just death actas guardians his child of Hideyoshi's assumed the around 1595a variety tasks of heir;theother five, go-bugy6, for revenue surveillance including responsibility Hideyoshi's and personal In of ofdomainal transfers. thewords one ofHideyoshi's writconfidants, the had to the ingas theTaik6laydying, fivebugy5 beendelegated "order 49 affairs Japan." of Ieyasu reliedupon his elders(karn), a small councilof hereditary of as daimyowho emerged precursors theTokugawaseniorcouncillors four in (rOja). The latter, normally orfive number, werethemajor deputies were in of statewhoseresponsibilities finally stipulated, themostgrossly 1634.Theseincluded: court, nobility, the the the and general terms, during of the and princely abbots; affairs litigation thedaimyo; houselandsof the and and theshogun; majorconstruction projects; temples shrines; foreign in relations.ServingIeyasu's elders were daikan (typically chargeof a of and Tokugawa properties),variety regular temporary bugy6 (including in and for citymagistrates), somespecialists engaged landsurveying, example,or thecommissariat. in of and Severalfeatures theadministrationsHideyoshi Ieyasuremain to the Bothmenentrusted local daimyo enforcement national of striking.
Kokudakain Jir6, for magistrates, example, linuma 47. Finda clearlistofthecadastral 1974),pp. 126-27. (Kyoto:Minerubua sei no kenkya ShobW, ibun,pp. 545-47. 48. H6k1a in of 49. Find major documents the go-bygy6 H6k6 ibun, pp. 543-44, 544-45, see ni Nihon ayumi: no 575-76, 593, 594, 620-22. Forthequotation, Kodama,Shiry6 yoru kinsei, 32-33. pp. Harvard in Bakufu (Cambridge: 50. DiscussedinConrad Politics theTokugawa Totman, ni of Press,1967),pp. 13-42. Forthestipulations 1634see Kodama,Shiry6 yoru University p. kinsei, 71. Nihonno ayumi:

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to as well as local laws, governing a highdegreethrough self-regulation. or Whenthey makenational supra-domainal did appointments, northey own who mallyturned again to daimyo-to men withdomainsof their for receivedspecial stipends theseadditional Their rarely appointments. werenotprofessional, career councillors unencumbered dowith officers, and responsibilities, who receivedstate salaries. The mainal interests of weregreat, charges thesecouncillors, moreover, unspecified, unand of differentiated. actedat thepersonaldiscretion therulerforunThey defined terms. the was Thusthemajor difficulty facing unification regimes theintegraof commitment the to tionof thedaimyo elite,theformation a corporate within The daimyohad the body of its enforcers. politicalsettlement of as to emerged, be sure,as thebeneficiaries that settlement, thesurvivors in had of a radicalcontraction powerthat squeezedoutprivate proprietors their alike. Theyhad retained withauthority and samurai over domains, and and had vested in local armies local taxation, they a deeply interest the the that conditions control secured peace, andhencethosedomains. of The internal laws on armsand class, forexample, threats thestato tempered of themselves-the bility thedomain;impositions uponthedaimyo proof of of the for scription private war,thetransfer domains, leveling castles, defined terms their the of collecexample-however personally repugnant, each other. Indeedin forging allianceswiththeunitivesecurity against their had fiers in executing and laws, thedaimyo colludedin pacification. of election theselords-for thearmies Peace was, in theend,a voluntary wereonlyas strong their as alliescontinued makethem. of theunifiers to in of The elevation thesealliesto national memoffice, thesteadoffamily or bersor a palace guard a regular bureaucracy, acknowledged custotheir of dianship thepeace. remained and Yet theirsacrifices significant potentially destructive. Peace brought endto theopportunities satisfactions war,thefirst an and of also altered and ancestral callingof thesemen. Its terms fundamentally with led in their relations their of vassals,whom they no longer battles their whose interests werenow subordinate " kgi," and for own making, to whomland rewards-thecoin of war-were notonlynarrowed fixed by with of boundaries deniedaltogether thetransfer samurai towns.Fibut to their of subordination theunifiers, to however nally, course, peace brought the had subordination however and complicit daimyo beenin that powerful in of remained theadministration itsterms. in they Particularly thediscior of attainder reduction holdings, plineof their peersthrough whichthe oversawdirectly central as or daimyoeither magistrates condonedimthe of was plicitly forsaking by regimes rebellion, integrity theunification at risk.

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those aboutlegitimation-about Many of us have written length at aumade by theunifiers roottheir to practical and ideologicalattempts or of in structures law,tradition, religion, publicinterthority transcendant the of into powerand conquest est and henceto transform relations brute of durablemandates rule. Our literature now a largeone, especially is and troubling matter-theunifiers since-and I believethisis a telling for the seemto havelookedeverywhere legitimacy: shogunate, court, the and and the theShinto Buddhist Confucian traditions, common good,the wars.Theirsearch of recognition foreign powersor thegloryof foreign I senseofvulnerability a continuing and pera signifies,suspect, persistent of of available them. to ception theinadequacy theformulae legitimacy of the of they playedto, although It mayalso reflect diversity theaudiences an aboutwhichaudience-the daimyo-really not,I think, unsureness mattered. here The pursuit a legitiof Whatis interesting is an apparent paradox. in office publictrust religion foreign or or recog(or macyfounded lawful or of of a abstraction objectification therelations nition) presumes certain of personal intoimpersonal ties a ties. power.It presumes transformation wereforged the and of The bondsbetween unifiers thedaimyo originally, of personalcast. The course,in the crucible battleand had a powerful and bondswerethoseof victor vanquished, andally,manandvassal, ally of and and But all bestower receiver rewards, oath-giver oath-taker. for our in and the headyinterest theprocessof legitimation, hereis theparadox, from to not transition peace occasioned a withdrawal or an impersonalizaof tionof thosebondsbuta tightening them. thatis, theunifiers to In practical the sought integrate daimyo terms, enforced thatelite, neither by elite, and thusto securethe settlement in "statist"claimsto the development implicit their through institutional nor the of universal jurisdiction through studiedimpersonalization auof The in formulations legitimacy. conduct of abstract thority implicit their the of in was functioning high politics, marked power their regimes, actual The did of attachment. unifiers notrenounce by theelaboration personal forms political of medieval association, they capitalized uponthem. of what We shall look now at twoexpressions attachment, we might of think as theissueofthe"body" andtheissueofthe"gift."Let us note of werepartof a densematrix sharedideas and first, however, they that elite together substituted and for thatboundtheearlymodern practices whichtheunifiers thosestructures law and bureaucratic of administration to menby a common historical the little needed.United their experience, in to unifiers werealso able to draw-although linesdifficult plot-upon not thatembraced, least of all, the of the resources a commonculture of and too matters language, etiquette, play.Theyshared certain everyday

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their tradition whatever that, and toward throne to themilitary the attitudes of occasioneda commondefinition prestige. ambiguities, philosophical of of was to Butcentral thismatrix attachment theexchange peopleandof goods. Bodiesand PersonalWitness of and the WhenHideyoshi Ieyasumadetheir peace following battles in 1584,Ieyasusent secondson,theten-year-old his KomakiandNagakute the the adopted boy.Within as to Hideyoshi Hideyasu, a hostage Hideyoshi. as step-sister a bride and years,Ieyasu receivedHideyoshi's following as heir tookas hiswife mother a hostage. Hideyoshi's Hideyori Hideyoshi's of thedaughter Ieyasu'sheirHidetada.Ieyasu'sheirHidetadatookas his both women werenieces of concubine; principal wife sister Hideyoshi's the of Oda Nobunaga.5' to his To signify loyalty the Tokugawa,Maeda Toshinagasent his wereunited marin to as mother a hostage Ieyasuin 1599. The families heirreceived a bridein 1601 a grandas riagewhenMaeda Toshinaga's of of daughter Ieyasu(theeldestdaughter Hidetada).Ieyasualso bestowed upontheMaeda heirthenameof Matsudaira.52 if the occurred throughout unificaexchanges Similar, less elaborate, the had throughout preceding of century war. Brides tionperiod,as they nieces and nephews,sistersand sons and daughters, and concubines, of that circulated brothers amongthehouseholds theelitein a society conof as instruments alto and tinued use marriage adoption indispensable As a liance.Nordidone union preclude secondor a third. alliancesended pacts,relaby in deathor rebellion, as they or weresuperseded weightier hometo enter intonewfamilies. The liberal extension tiveswererecalled and as of surnames-ofHashiba,Toyotomi, Matsudaira-occurred well. of of the Hideyoshi skimming surface thepolitics family, Thus,merely from housesof Maeda, Gama, the or consorts tookconcubines secondary from housesof Oda, Tokuand Asai. He adopted children the Kyogoku, and before consort, principal Ieyasu's gawa,Maeda, Ukita, Kobayakawa.53
of treatments the experiences of full,if informal, provides fairly 51. Shiba Ryotar6 in no (Tokyo:KadokawaShoten, step-sister Toyotomi-ke hitobito Hideyasu and Hideyoshi's 1941). appears in of 52. The Todai-kiaccountof the delivery Maeda Toshinaga'smother Nihonno ayumi: ni kinsei, 84. p. Kodama,Shiryo yoru of wereYodo (daughter Asai Nagamasaand nieceof majorconcubines 53. Hideyoshi's Matsu-maru Ta(daughter Kyogoku of of Tora(daughter Gamo Katahide), Oda Nobunaga), Hidekatsu son (fourth of of kayoshi), Go andMaa (daughters Maeda Toshiie).He adopted and of Oda Nobunaga), Hideyasu, (daughter Maeda Toshiie),UkitaHideie,andKobayakawa Go Hideaki.

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of into theentry Hideyoshi's step-sister hishousehold, camefrom Imathe unlikeHideyoshi, his gawa house. A prolific father, Ieyasumarried children intothehousesofOda, Okudaira,Mjo, Takeda,Yuiki, Asai, Gamo, and Asano.54 The mostostentatious of a surname use occurred 1588 in whenHideyoshi selected occasionof an imperial the visitto Jurakutei to senior to compeltwenty-nine daimyo takean oathofallegiance himself: to ofthe whosigned pledgeusedthesurthe twenty-four twenty-nine daimyo nameToyotomi.55 I when perceive we Wemisunderstand measures, believe, these thembecausethey werebothubiquitous unreliable-as cynical perfuncand or and ties tory. Certainly marriage, adoption, fictive family failedroutinely of as absolute could serveas an absolute guarantees peace. But nothing No how was guarantee. matter fragile, family bonding theprincipal form wartime theonlyform and taken when taken allianceduring by invariably to major houses attempted come to peacefulterms.The strictures by their sengoku daimy6 against unapproved marriage among vassals,as well as injunctions founded bonds(ketagainstlawlessredress upon kinship of the to and suen), acknowledged centrality family politics theconduct If of of loyalties their subordinates. thepolitics family werenotthesole of determinant conduct, the of theywerenonetheless critical expression was or whatever political integration attempted achieved. Expression, however, be too weaka word,insofar it implies may as a or ties a moreimporsymbolic of kinship to heighten representprior, use in accord.Ceremonies, theterms modern of tant, political anthropology, do effect actualizechanges;they notmerely or them.For the symbolize alliances daimyoof wartime, marriage mayhave made real and binding wereotherwise unrealized unbinding. and distrustfulabof that Apparently in madethem of theoretical concrete thepersons their stract, unions, they in WhentheImagawa, cametoterms intimate relatives. Takeda,andHojoYoshimoto's Takeda married son; 1554,Imagawa daughter Shingen's Takeda married Shingen's daughter HMj6Ujiyasu'sson; HMj6Ujiyasu'sdaughter son. ImagawaYoshimoto himself was almarried ImagawaYoshimoto's of married TakedaShingen's to and was ready sister, hissister thewife HMj6 The of neednotreproach violation these covenants their Ujiyasu.56 eventual violation to originalseriousness; served,rather, undo the mostserious to of the werecapable. commitment integration which daimyo of eldersbegin,in thefirst The fourteen articles Hideyoshi's item, by
in Tokugawa Ieyasu:Shogun Totman, 54. A useful chart these of unions appears Conrad 1983),p. 191. (San Francisco: HeianInternational, 55. OmuraYuiko, TenshW-ki, 113-14. pp. no (Tokyo:YamakawaShuppan-sha, 56. Wakabayashi Atsushi, Shizuoka-ken rekishi to heiwa-rei daimyo attempts alliancein Toyotomi at 1970),pp. 142-47. Fujikialso discusses sengoku shakai,pp. 1-12.

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and for go to approval marriage onlyafterward on requiring daimyo obtain of alliances.The Buke shohatto 1615elaborately proto prohibit private in item.Hereagainis an acknowlmarriage theeighth scribes unapproved The uniare power. politics oftheessenceofpolitical edgment family that forbid to marriage. Theydetermine direct fiers not,however, do political of own. charge their of an instrumentpower exclusive it,making prime this but them loyalties to concentrate Thusmarriage notbe usedto diffuse may in of an We in theinterests theruler. find theseitems articulation prinof ciples thatalreadyguidedthe conductof Hideyoshiand Ieyasu-they allowedand thensuperinin as resources traded relatives widelyas their of the daimyo. tended lesserunions their a that elaborated, practice theunifiers of The taking hostages, wartime although maybe we and of involved clearelements surveillance control, it theseaspects.Even as a control measure, is iminclined exaggerate to heretoo. Alliancesactualizedin marriage portant thatbodies mattered of for Hideyoshi, exweresealed as well in thepersons close relatives. from individual tozamadaimyo Uesugi, (theMWri, ample,tookhostages alliancesor Shimazu,Satake,Date) as he formed Tokugawa, Chosokabe, occasions(before Kantoand Korean On the concluded campaigns. three a of and he delivery thewives offensives as he laydying) calledfor general of and children the daimyoto Kyotoor Osaka. Both in Kyoto and in where he to lords,twenty Fushimi also created enclaves important daimyo in wereexpectedto keep residences.57 FollowingHidethirty number, from TWd6, the Hori,Asano,Hosohostages yoshi's death, Ieyasureceived kawa, Maeda, Nabeshima,Mri, Date, and Sagara. By Bakufuorder, of sent household the moreover, daimyo toEdo thewivesandchildren their in ownfamily 1610.Manyalso kepttheir members the elders(karn)after all shogunal capitalin the residences daimyowere compelledto retain 1604.58 there after The notable werechildren, course,frequently heirsof of the hostages for as withtheunifiers adoptive memdaimyo allies,whoremained years households. of bersoftheir although Theymayhavebeenprisoners a type, were weresentin voluntary sharers in justas surely guises,butthey many theculture hospitality their and their of keepers.Growing apartfrom up of fathers, wereparts twofamilies. they The assembly residences thedaimyo theunification of in capitals, of
ni 57. Kodama, Shiry6 yoruNihonno ayumi:kinsei,p. 32; Nakabe Yoshiko,Kinsei Toyoto 1967), pp. 295-300; SakuraiNarihiro, toshino seiritsu koz6(Tokyo:Shinsei-sha, no 1970-71), vol. 1: Shiry6-kan Shuppan-kai, (Tokyo:NihonJMkaku tomi Hideyoshi kyojo5 Fushimi-j6, 137-58, 348-63; Kyotono repp. Osaka-j6, pp. 309-22; vol. 2: Jurakutei, kishi, vol. 4, pp. 339-42. in KotaiSystem Feudal Control Tokugawa Japan:TheSankin 58. ToshioG. Tsukahira, Harvard East AsianResearch University, 1970),pp. 47-50. Center, (Cambridge:

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and attendance facilitated, placed similar they and thevisitation personal of witness to proximity alliesandtherepeated emphasis uponthephysical or Nor an of medeclarations loyalty. was law itself impersonal abstract On occasions,law tookthe diumof authority. bothsolemnand routine sealed in blood. Hence to breaka law was not form oaths,frequently of but and a to the covesimply disobey state to violate, todissolve, personal at to daimyo gathered Jurakutei swearthat: nant between men.Hideyoshi's remonstrate shouldthere anylawlessperson be "Each of us will strictly . who impinges upon thelands of thethrone. . We assertthisforthe and needlessto say, and untothegenerations our children of present, "In without exception" (emphasis added).Further, all things grandchildren of in we willnotviolate theleasttheorders theKampaku."The Tokugawa at oath,although it assembled their daimyo Nij6 castleto sweara similar in of Men swore with mention thethrone, 1611and 1612.59 oaths dispensed for cadastral whenthey actedas guarantors whenthey undertook surveys, of assumed office magistrates, as themovements others, whenthey when tookplace.0 Like marriage, oathshad beenan intransfers leadership of in of of and strument bonding wartime a majorconcern daimyopreocan endto faction. eldersshared conwith the Hideyoshi's cupied bringing in thesecondofthefourteen articles: "Greater and cern,as we haveseen, from into deliberately contracts lesserlordsarestrictly prohibited entering as of and from oathsand thelike." Proscribed promises private signing would-be too the and oaths were attachment intimates, among daimyo their but the leader-not eradicated put solelywithin his now the monopoly disposition. if of was Personal witness, notin theform covenants, also expected The assembled their in occurred. Tokugawa events when daimyo significant versions when variant werecomof for reading theBukeshohatto a person invasion of tookoffice. Hideyoshi's or Troopleviesfor pleted newshogun of The in werereadoff thecourse a New Year'sreception. daimyo Kyushu of and children upontheapgathered publicly uponthebirths Hideyoshi's of bothHideyoshi Ieyasuto highposts(thoseof kampaku and pointments streamed thedeathbeds of to for and shogun, example).Daimyovisitors theunifiers.6'
ni pp. 59. OmuraYuko, Tensh6-ki, 113-14; Kodama, Shiry6 yoruNihonno ayumi: kinsei, 77-78. pp. 502; Hok5 ibun, p. 615; monjo, vol. 2, document 60. See, for example,MWri-ke Shob6,1959-63), vol. 3, p. 364. Ochanomizu (Tokyo: Taik6kenchi-ron Mitsuru, Miyagawa of and uponthepresence participation life of 61. The development a ceremonial focused in aspectof "state"formation thispethe but thedaimyo, excluding public,is an important but cultivated, consiswas an intensely seriousanalysis.Politicalritual riodthatdeserves tently closed,affair.

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And death,of course,altered The and everything. betrothals adopthe the and the tions, name-giving, hostage exchanges oath-taking, gathercommenced ingof thewitnesses againto makereal a newsetof political relations. Hideyoshi's fivemagistrates, when his deathwas finally announced,tookthetonsure. Theydid notmerely resign;theywithdrew from world whicha polity dissolved be recreated in a had to symbolically in thebodiesof a newruler his men.The actwas a version junshi, and of of both thefollowing thelordin death, presumed theexclusive that characof and institutions. presumpterof loyalty theprimacy person before The unification the disciplineof an important as tion survived throughout or of the and dictated banishment execution hishousehold hisleaddaimyo ingretainers. WhiletheTokugawa wouldeventually outlawjunshi,each the enmeshed families. shogun spunforhimself web of alliancesthat of "Office of holding,"wroteMax Weberin speaking theprinciples to bureaucracy,"does not establish a relationship a person. . . . Modern to is loyalty devoted impersonal functional and purposes. 63The unifiers order to the belonged a different ofvalueandmeaning. Theyentrusted adof to and boundthosemento themministration government daimyo then selvesin relentlessly terms. Personal relations werenotan ornaphysical of mental recreational or dimension an otherwise bureaucratized of system of the rule;they were,rather, system ruleitself. The Gift Society The economic relations between unifiers thedaimyo the and seem,on one level,simple The ruler vested landinthedaimyo exchange in enough. formilitary servicewhenit was needed.Sometimes in specified thevesting decreewas the weight the martial of burden-fourto fivemen for hundred koku awarded Hideyoshi, in half every by roughly that thecase of theTokugawa.4 The income theruler of derived from not national taxation butfrom equivalent "crownlands" thatsupported the of himself his and household wellas direct as retainers. In fact,needlessto say,thesituation considerably was morecomplex. The vesting itself act was a personal transaction rather thanan act of state ratified officials by underclear conditions a statedterm.At his own for the landswithin disposition an individual his to assigned discretion, ruler mannamedin thevesting decree.The document borethepersonal seal of theruler. no of (Therewere,interestingly, seals or other insignia state62. Shiry5 no Kyoto rekishi, 4, p. 384. vol. 63. Gerth Mills,FromMax Weber, 199. and p. 64. See Berry, Hideyoshi, 121-24 and notes58-65 on pp. 266-67. pp.

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flags, ornaments furnishings, or regalia.)And we must or robes notethat he was giving awaywhat was his,ifhe chose,tokeep,andthat vesting the at controlled occurred, consequently, a costto himself. Hideyoshi approximately 2,000,000 kokuat thetimeof his death-roughly elevenpercent of Thissumwas twenty centless oftheregistered resources thenation. per of thantheallocation 2,400,000 kokuhe had madeto Ieyasualone, and valueof landshe had acquired less, too,than registered the through disciand his in plinary attainder then redistributed among daimyo theyear1593 alone. Ieyasuconfiscated lands valued at roughly 6,200,000 kokuafter and distributed worth both Sekigahara promptly holdings 6,500,000koku neutral to demonstrably and to resolutely a loyal daimyo-taking netloss the of of five centfrom mostsignificant per conquest his career.65 to The deathof either party thevesting transaction nullified transthat confirmation-in action.Daimyorequired fact,a new award-of their holdings upon the successionof a new ruler.And upon the deathof a vested deniedvestiture theheir.If death the daimyo, ruler formally (or to) left childheir(whether a previously approved theruler not),ifitpreby or ceded the appointment an approved of heir,or even, on occasion,if it to brought poweran adultformerly recognized the ruler-attainder by could ensue. Hideyoshi reclaimed or most,of thedomainsof Mori all, HashibaHideyasu Hideyori, (Ieyasu'ssecondson), andGam6Ujisatofollowing their interments. Tokugawa The confiscated fifty-eight domains between 1600and 1651becauseoftheabsenceofapproved successors.66 The awardof the domainclearlycarriedconditions, although what so conditions werewas notalways clear.Thecontractual these obmilitary in ligation (thegun'yaku) occasionally appeared thevesting decreeitself, oathsof obediencetakenby thedaimyoboundthemto and thegeneral of But withtheedictsand orders theruler. whatof theeconomic comply of to tax?Obconditions therelationship-were confined themartial they in viously not,for boththeir impositions uponlaborandtheir expectations thatthe daimyowould attend personally upon themthe unifiers placed men.Hideyoshi's daunting expenditures their upon extraordinary building his projects-Jurakutei, castles at Osaka and Fushimiand Nagoya in of his his Kyushu, KyotoDaibutsu, restorations thepalace andmajorreliall giousestablishments-were executed thedaimyo.At leasttwentyby of at to lordscontributed least62,000 laborers theerection theGreat eight of "I the Buddha.Hideyoshi wrote thework Fushimi: haveordered lords at
Men,p. 4. Among Treasures 65. Ibid., pp. 126-31; Bolitho, to 66. Hokciibun,pp. 538-44; Nakabe, Kinsei toshino seiritsu koz6, pp. 281-83; Men, p. 33. Among Bolitho,Treasures

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from Kanto,from the and Dewa, thenorth country, thecentral provinces all without to near Kyoto. exception-to attend the construction effort Thuseventhosegathered camp [for invasion Korea] do notoutin of the all Also executed thedaimyoweretheconstruction number these."67 by projects Ieyasu-Edo castle,castlesat Nij6 in Kyoto,Hikone,Sumpu, of and carried as well,major at Nagoya, Sasayama.Daimyo out, repairs Osaka and Fushimi.68 of The burdens attendance included construction the upontheruler of residences hiscastles,theperiodic near of transport largeretinues between and thedomain thecapital, themaintenance a permanent and of deputation in thatcapital.Hideyoshi the of suggests extent some of thesecommitments a letter Date Masamune: in to "Since itwillbe difficult fulfill to your duty attendants notavailableto us, youwill summon thewives if are all andchildren your of houseeldersand havethem residein Kyoto.A thousandpersons shallalwaysbe in attendance they and shallserveus."69 of to Butthedelivery services theruler thedaimyo by onlyopened a up new cycle of exchange.Sometimes for compensated the costs of attendanceby specialallowances grants landnearthecapital,thedaimyo or of as wererecipients, well,ofelaborate and favors from their hospitality other rulers.70 Hideyoshi's entertainments hisgifts legendary: five-day and are the of reception thenobility theseniordaimyoat Jurakutei 1588, the and in banquetin the same residence during1589 whenhe distributed 5,000 pieces of gold and over20,000 pieces of silver, blossomviewingat the which transplanted he of Daigoji in 1598for trees moved and groves cherry hundreds decorative of rocks.7' these Yet headier events merely punctuated an unending roundof tea ceremonies, Noh performances, and hawking New Year's receptions, boatingexpeditions, and pilgrimages routinely marked thegiving robes,precious of by metals, vessels,incense,and tea precious of papers.The parsimony Ieyasu,as legendary thelargesse as of was of He out of Hideyoshi, a matter degree. went totheboundaries Edo to lordsofhighstature, greet arriving the observed ceremonial and calendar,
67. Hok6 ibun,pp. 197-201, 528-29. 68. Bolitho,Treasures Among Men,pp. 11- 13. 69. Nakabe,Kinseitoshi seiritsu koz6,p. 296. no to 70. See Nakabe,Kinseitoshino seiritsu koz6,p. 300, regarding specialallowto the ancesthat Hideyoshi madeto certain to daimyo underwrite costof living Kyoto.Some the in grants werevery the large; Tokugawa received 30,000 koku Omifor in expenses thecapital. in The awardof landsclose to Kyototo daimyo residence in there an interesting is reflection on thedevelopment markets. of 71. OmuraYfiko,Tensh&-ki, 101-39; Oze Hoan, Taiko-ki, KuwataTadachika pp. ed. (Tokyo:Shinjimbutsu Orai-sha, 1971),pp. 455-63; Tanaka,Toyotomijidai-shi, 140-41. pp.

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despatched giftsof horses,falcons,swords,silk, paintings, gold, and silver hisdaimyo.2 to do These exchanges notfitcomfortably, indeedthey notfitat all, do rubrics taxation services state.The deof under conventional the and of mandsforlaborwerelordly, hoc, sporadic, ad in unpredictable cost and and made personally particularly rather thanuniformly the of duration, of was daimyo.The expectation attendance not formulated law until in nor dimensions theearlier in 1634, assumedneither systematic universal of and the of for regimes theunifiers, retained character visitation all but or of themostimportant most The hospitality and threatening thedaimyo. of like of offerings theruler, thevesting thedomain itself, remained discreAnd as surely we can detect as of elements coercion, tionary. obligation, in we a and self-interesttheseexchanges, must of recognize patina volunand Each transaction personaland was tarism, spontaneity, reciprocity. to resolutions. Each partook thetenof volatile-open, potentially, many sionand ambiguity inevitably the attending gift-whichis bothvoluntary and andcoerced, disinterested interested, and free spontaneous obligatory, andbinding. These exchanges werealso ambiguously and private public.The parweretitled but tiesto them ties officials, menalso boundby personal of The for camefrom household treasuries loyalty. funds them used,without for discrimination, bridge building, wedding presents, archery and meets. in The goodsandservices involved them contributed theprivate to goodof for was both official a personal an and publicpersons. Jurakutei, example, residence who to owned,apparently, Hideyoshi by himself, presumed dewithhis ill-fated it Oda Nobunagahad stroy forits associations nephew. usedNij6 goshoas a gift Ieyasuwouldlater and dismantle Fushimi his for ownpurposes. that state controls (Weber notes, interestingly, the"modern meansofpolitical No official thetotal owns organization. single personally he themoney paysout,or thebuildings . . or thewarmachines con. he trols." Certainly castlesoftheunifiers ofanyoftheir the 73) (or Tokugawa werenotpublicbuildings the sense thattheywereeither in successors) visibleoraccessible a public.Evenintheelaborate to commercial mapsof of theTokugawa detailedaccounts theimperial periodthatoffer palace, closed enclaves,thecastlesof shogun and and majormonasteries, other alikeremain awesome blanks.74 daimyo
One 72. See, forexample,the Tokugawa jikki,Keich6 14/11/26. of the mostuseful is suchgift-giving thebukan,or military directory, variousversions of sourcesconcerning offered daimyo theshogun by shogun thedaimyo to and to by whichsupplied listsof gifts in of for terms service. whendomainal lordsappeared Edo to report their p. 73. Gerth Mills,FromMax Weber, 82. and commercial of tookplace intheTokugawa mapping castletowns 74. In fact, rather little

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of and The work MarcelMausson thegift, thesociety thegift, of offers a useful way,I believe,to understand economic the transactions thereof the gimesof the unifiers. Although giftsocietyfunctions to according and clearlyrational, orderly, well understood laws, it standsapartfrom thosemodern economic characterized public,legal, and "obsystems by in of jective"transactions (notably theform taxation) establish perthat no to sonalbondsbetween parties them.75 Theeconomy thegift of involves (apparently) the but voluntary (invariand of of ably)interested giving, receiving, return all manner stuff-land, courtesies, entertainment, women, ornaments, homage,and so forth. The of original is, at once,a statement power precedence a form gift and and of creditthatimposesimplicit obligations upon the recipient. bothreIn bondsbetween giver thereceiver. accepthe and it The spects, establishes an thosebondsandfixes tanceofthegift, elective act,acknowledges relaof tions.The return thegift on while beginsthedischarge theobligation a establishing, consequently, degreeof parity between parties-for the of it reduces burden theoriginal withitsimplied the subordination of gift The obligation cannotbe fully nor therecipient. discharged, fullparity is the until return equal to theoriginal achieved, gift.If thereturn is gift to the of and are superior theoriginal, relations power obligation reversed. Because the domain,the originaland alwayssuperior gift,remains the of he the balance solelywithin disposition theruler, retains theoretical as of power.Yetinsofar that discharged from gift prior obligations arising or as is service alliance,andinsofar itsburden constantly wartime reduced and of his the must renew prebytheservices attendance thedaimyo, ruler his cedenceand affirm potency roundsof gift-giving. through repeated Hencethecycleof feasts, and bridesand hospitality, offerings (including surnames-toreturn theissueof thebody)that to provokes reciprocal acof tions.In theterms Mauss,thegreatness his gifts of becomesa measure of thegreatness thechief.The potlatch-seemingly exhaustion of an of wealth-is an affirmationmanaandprestige. chief compelled, of The is in Thus Hideyoshi's thissense,to give out whathe has received.76 to grant his Ieyasuof landssurpassing own,or Ieyasu'sgrants after Sekigahara of lands surpassing spoils, maybecome signs not of weaknessbut of the strength.
of In period, and whatdid occurwas largely product theearlynineteenth a century. mapsof the with crest a decorative, a or Edo, Osaka, and other j6kamachi, castlearea maybe filled stylized tenshu-kaku. Manuscript plansofcastletowns, ordered theBakufu 1645,conin by the tain elaboratespecifications concerning castle compounds were,of course,never but published. 75. MarcelMauss, TheGift: Forms and Functions Exchange Archaic of in Societies, tr. W. Ian Cunnison (New York: W. Norton, 1967),esp. pp. 1-5, 63-81. 76. Ibid., p. 73.

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than of In Great gifts reflect more, however, thegreatness thechief. the of for at gift society itspurest, serveas a definition chiefdom: theright they is of the feature authority. togive,toinitiate cycleofexchange, theseminal find rather thanin We might consequently in theveryawardof domains, the even bestowed-the the accessionto office, act thatconfirmed-or of the the might sigpower theunifiers. Similarly, actofreceiving domain ofthe of having partaken thehonor the of nify transformation daimyo: the of cameto sharein theprestige lordship. lord,they the of in that economy thegift embraced We might observe, passing, WhenHideyoshi entertained court and the more the than ruler hisdaimyo. whenhe rebuilt palace, whenhe reconstructed the reliin lavishfashion, whenhe gathered comand to giousmonuments madedonations temples, moners thetea party Kitanoor Noh performances Fushimi-he for at at his expenditures indebted that the manifested power, again,in extravagant he not beneficiaries. beyond Even circles, governed simply through daimyo affective And edictandlandcontrol through but practices. hereceived gifts and eventual as promotion a divinity (HWin return-hospitality, titles, from court, to kokuDaimyojin) the invitations preside overthededication of of and precious ceremonies temples, goods from the offerings money in commoners Kyoto(that of taxeswhich substituted, a sense,forthecity a had been canceledand thustransformedtaxation economy intoa gift economy)." the econThereareproblems, be sure,in applying modelofthegift to of The one simple that omyto theregimes theunifiers. modelis a terribly of force formal or of martial structures law takesno account specifically I Yet to anddiscipline. itdoes serve, singularly goodeffect believe,ineluof in role the exchanges theunification their era, cidating variety economic of and for an inrelations power, their capacity integrating elite-otherwise direct financial with of transactions theruler-intoa system cutofffrom Like encounter reciprocal and attachment. thetradein bodies continuing for thissystem retreats from abthe and thedemands personal witness, not and of It straction authority.endorses thestatic, mechanistic, objective of of and relations relations taxation thefluid, but immediate, subjective and constant renewal response persons. by exchange requiring

vol. 4, pp. 361-362. Kyoto no rekishi, Shiry6 77. See, forexample,

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One of themostimportant in developments therecent scholarly literature the has concerning sixteenth century beentheattention kogi,a term to has on that itself taken paradigmatic It significance. has cometo signify a new principle legitimacy, hence a consequential of and changein consciousness, identified that with rightful to authority service the"publicinterest." claimsto powergrounded in Supplanting or purely officeholding or religious sanction thelike,kogihas implied ascendancy thecomthe of mongood as theproper sourceandmeasure legitimate of rule. This formulation riddled is of withdifficulties, course,although they do notrobtheidea of itsmarvelous attraction a synoptic as assessment of thesixteenth-century change.It is wellto note,nonetheless, themeanthat ingof k5gito thosein thesixteenth who century invoked term, conthe in so as texts varied to cloudrather thanto elucidate sense,was never its the subjectof a contemporary illumine own interour exegesiswhichmight Irascible critics also pretations. might objectthat of imputations novelty to the sixteenth-century of kogi take meageraccounteitherof the usage word's or rhetoric from sevappealtotheAshikaga ofa political the dating enth at that in century registered leastoccasionalattention at leastrhetorical terms thecorporate to welfare. of Yetthedifficulties understanding in itsearlymodern k5gi guiserun the is insofar we associateitwith as deeper. Certainly term misconstrued a a invited a dynamic into publicbody, collective citizenry, with relationship theruler. Thatrelationship wouldoccur, on perforce, thedomainal levelas mastered mechanics petition ritual the of peasantsand townspeople and rebellion and thusdemanded But engagement. politicalmobilization on levelfailedto occurbefore nineteenth thenational the as century, did any form direct of encounter between rulerand ruledaccommodated the by structure. the"public" goodhadbecomeone ofthepillars If governing of it and power, was a good defined benevolently bestowed thepowerful by upona subject public. is Krigi evenmoreproblematic insofar it might as imply rigorous, the or indeedelementary, distinction between"public" and "private"that seemssemantically Our is one implicit. difficultypartly of translation and of period,since current of has been bornof understanding theseterms modern early and modern revolutions thought in which introduced (stuba between bornly imprecise) boundary personaland corporate realmsthat societies wereaptto conflate. revolutions premodern The werenotsimply for ideological,however, theyalso involved transformations practical in law andin structures authority of which to jurisdiction of gavemeaning the

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of matters to thejurisdiction public and overprivate private individuals over institutions publicmatters. the invoked thewordkogi,itis notone which by Whatever distinction the our discrimination between publicand theprivate. anticipated current personal affairs-marriage, of to Forthedaimyo concern us, all putatively hospitalityfriendship, of the upbringing heirs,householdfinances, and of and sphere society politics within corporate the remained squarely of or The corporate concerns nation weresubject regulation. putatively to remained the squarelywithin sphereof individual domain,conversely, bound to him by annointed the rulerand elaborately lords personally of the If, through exchange bodiesandgifts. again,the"public"goodhad of it upona newfoundation becomeone ofthepillars power, didnotstand changeimthat to of law and administration gave structure an ideological of from the separable publicprovince pliedby thedefinition a distinctive of private interests theelite. that Norwas itonlypolitical administration lackeda newpubliccharof Japanwas architecture powerin earlymodern acter.The flamboyant closed to the access and to the view of the populace. The regaliaof trappings-wastheregaliaofa governing power-insignia,seals,martial The ceremonies power-the accessions of than rather a nation. household of the of to office, births installations heirs, rites death-were octhe and but within elite.Commoners the participated casionsnotofstate ofdisplay ensued. witnesses whatever of processions merely kneeling as in in assessment the of Thusifwe willpersist finding kogia synoptic we cautiously detach change sixteenth-century (andI believe can), we must To its as associations. emphasize compulsion an thewordfrom misleading as of of public abstract theory legitimacy, an acknowledgment a uniquely of or domaingoverned thecommon interest, as an antecedent instituby of fitted evenperfunctory to tional engagement thepopulace development of as the regimes we is to overlook goals and conduct theearlymodern best seek the sixteenth-century themhere. We might have encountered that sense of kogiwheretheevidenceis richest-in descriptions, is, of whatk5giis not. of law As we haveseen,theliterature sixteenth-centuryassailed,first, and jurisdictions, all customary legal privileges sanctioning independent and of personal justice,self-redress grievances, local war.It assailed,furand the alliance,kinship, opportunistic politics of faction, ther, divisive and and Finally, more belligerence. grounded expanded marriage-which "willfulwhichgenerated it broadly, assailedall aspectsof self-interest In and sixteenth-century "enmities," "partiality." short, ness,""duplicity," of constellation ideas andactions that the law condemned entire splintered and authority gavelicenseto violence.

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to It in Kigi was theantithesis theseideasandactions. served practical of the jurisdiction I terms, believe,to stipulate unconditioned and literal of of and unification government thecentering all forms allianceuponthe in is The publicandprivate, ruler. distinction implicit theterm notbetween but and merged spheres, between unbounded largely fortheseremained insideand outside, unionanddivision, symmetry and accordanddiscord, is the of In of variation purpose. theseterms, distinction redolent thesevthat articles ShitokuTaishiand of a mentality associatedvioof enteen and for problencewithself-interest peace (letus hesitate, herethesticky interest withobedienceto thecorporate represented the by lem emerges) elite. ruler a harmonious and the good, identify with common k5gi Thatis, whilewe might properly in from agendaoftherulers. the In this inseparable practice goodremained but not which discriminated between publicand private between a system the of between rulerand ruled unionand division interest, identification and evenideohad rhetorical perhaps was simply Kr5gi a certain presumed. concernof the elite as the logical powerinsofar it translated pragmatic intoa benevolent of custodianship thepublicpeace. Butthegewith order of is this bothto service niusoftheformulationprecisely linkage virtuous unconthrough thefunctional of unification (pacification government goal attachand and ditioned (thephysical material jurisdiction) to itsconduct of description mentof the elite solely to the lord). As a paradigmatic from medieval theearlymodern the to eras,then,kogi transition Japan's of tracesnottherevolutionary ascendancy a publicdomainovertheruler of and buttheevolutionary absorption privilege allianceintothecompass oftheruler.
UNIVERSITY OF CALIFORNIA, BERKELEY