The Legal System of Old yapan. him socially. This usually brought him to terms. An appeal to* the higher authorities was, as a rule, the practice in the larger towns and cities only, where the family unity was somewhat weakened, and not in the villages, where there was a great dislike to seeking outside coercion, and where few private disagreements went beyond the fam ily or the kutni. A case which could not be settled in this way was regarded as a disreputable one, or as indicating that the person seeking the courts wished to get some advantage by tricks. In arranging for a marriage partner for son or daughter, such families as were in the habit of using this means of redress were studiously avoided. It was a wellknown fact that in those districts where the people were fond of resorting to the courts they were generally poor in consequence. The time spent and the money lost reduced the community to poverty. If even the company-chief could not settle the matter, it was laid before the higher officers, the elder and the headman. In fact, the chief village officers might almost be said to form a board of arbitration for the settlement of appeals; for in deciding the case, the headman re ceived the suggestions of the other officers. It was discreditable for a headman not to be able to adjust a case satisfactorily, and he made all possible efforts to do so. In spe cially difficult matters he might ask the assistance of a neighboring headman. If the headman was unable to settle a case, it was laid before the reeve, who however almost invariably first sent it back, with the injunc tion to settle it by arbitration, putting it this time in the hands of some neighboring headman, preferably one of high reputation for probity and capacity. When a case finally came before the reeve for decision, it passed from the region of arbitration, and became a law-suit. From the reeve it might pass to the higher officials at Yedo. But even when the case finally came to the reeve's court, it was not treated in the strictly legal style familiar to us. The spirit 52
of Japanese justice, as I have said, dictated a broader consideration of the relations of the parties. What the judge aimed at was general equity in each case. There was, of course, an important foundation of custom ary law and of statutes from which all parties thought as little of departing as we do from the Constitution; but these rules were applied to individual cases with an elasticity depending upon the circumstances. A few selections of actual cases will give a better idea of the course of justice than any number of generalizations. The following quotations are from public records, perhaps fifty years old, belonging to a village some eighty miles from Tokyo, and were lent to me from the family-chest of an old farmer. The entries relate to all the events of general local moment, and incidentally record the rise and issue of controversies between the villagers. The first document explains itself. [1] Bond offered to Haikichi and Tsubei. My son Sutegoro, on the occasion of a festival at the Zoko temple on the 28th of last month, wounded you and your son Tsubei in a quarrel. We are distressed at hearing that you are to take the matter into court, for my son's punishment would doubtless be severe. We asked Wahei, representative of the farmers of this village, and Tomiyemon, of Hatta village, to mediate and to ask your pardon. We are grateful to you for hav ing extended it, and now promise not to suffer the said son Sutegoro to live in this village hereafter. He has already fled the village, dreading the con sequences of his conduct; but if he ever is found again within the village, he shall be treated accord ing to your pleasure : we shall offer no objection to whatever you may do. We offer this document of apology, sealed by the chief of the company and by the mediator. Tempo, nth yr., 8th mo., 3d day (1841). Farmer Yobei, The parent. Farmer Sujibei, His relative. Farmer Isobei, Chief'of company. Wahei, Mediator. Tomiyemon, Afediator, Chief Farmer.
