Читать книгу A History of the Japanese People - Kikuchi Dairoku - Страница 113

There are two kinds of territorial rights, and these, though now clearly differentiated, were more or less confounded in ancient Japan. One is the ruler's right—that is to say, competence to impose taxes; to enact rules governing possession; to appropriate private lands for public purposes, and to treat as crown estates land not privately owned. The second is the right of possession; namely, the right to occupy definite areas of land and to apply them to one's own ends. At present those two rights are distinct. A landowner has no competence to issue public orders with regard to it, and a lessee of land has to discharge certain responsibilities towards the lessor. It was not so in old Japan. As the Emperor's right to rule the people was not exercised over an individual direct but through the uji no Kami who controlled that individual, so the sovereign's right over the land was exercised through the territorial owner, who was usually the uji no Kami. The latter, being the owner of the land, leased a part of it to the members of the uji, collected a percentage of the produce, and presented a portion to the Court when occasion demanded. Hence, so long as the sovereign's influence was powerful, the uji no Kami and other territorial magnates, respecting his orders, refrained from levying taxes and duly paid their appointed contributions to the Court.

But in later times, when the Throne's means of enforcing its orders ceased to bear any sensible ratio to the puissance of the uji no Kami and other local lords, the Imperial authority received scanty recognition, and the tillers of the soil were required to pay heavy taxes to their landlords. It is a fallacy to suppose that the Emperor in ancient times not only ruled the land but also owned it. The only land held in direct possession by the Throne was that constituting the Imperial household's estates and that belonging to members of the Imperial family. The private lands of the Imperial family were called mi-agata.* The province of Yamato contained six of these estates, and their produce was wholly devoted to the support of the Court. Lands cultivated for purposes of State revenue were called miyake.** They existed in several provinces, the custom being that when land was newly acquired, a miyake was at once established and the remainder was assigned to princes or Court nobles (asomi or asori). The cultivators of miyake were designated ta-be (rustic corporation); the overseers were termed ta-zukasa (or mi-ta no tsukasa), and the officials in charge of the stores were mi-agata no obito.

*The prefix mi (honourable) was and is still used for purposes of courtesy.

**In ancient Japan, officials and their offices were often designated alike. Thus, miyake signified a public estate or the store for keeping the produce, just as tsukasa was applied alike to an overseer and to his place of transacting business.

As far back as 3 B.C., according to Japanese chronology, we read of the establishment of a miyake, and doubtless that was not the first. Thenceforth there are numerous examples of a similar measure. Confiscated lands also formed a not unimportant part of the Court's estates. Comparatively trifling offences were sometimes thus expiated. Thus, in A.D. 350, Aganoko, suzerain of the Saegi, being convicted of purloining jewels from the person of a princess whom he had been ordered to execute, escaped capital punishment only by surrendering all his lands; and, in A.D. 534, a provincial ruler who, being in mortal terror, had intruded into the ladies' apartments in the palace, had to present his landed property for the use of the Empress. These facts show incidentally that the land of the country, though governed by the sovereign, was not owned by him. Lands in a conquered country were naturally regarded as State property, but sufficient allusion has already been made to that custom.