Читать книгу A History of the Japanese People - Kikuchi Dairoku - Страница 161

Although the use of the ideographic script became well known from the fifth century, everything goes to show that no written law existed at that time, or, indeed, for many years afterwards. Neither are there any traces of Korean or Chinese influence in this realm. Custom prescribed punishments, and the solemnity of a judicial trial found no better representative than the boiling-water ordeal. If a man took oath to the deities of his innocence and was prepared to thrust his arm into boiling mud or water, or to lay a red-hot axe on the palm of his hand, he was held to have complied with all the requirements. The familiar Occidental doctrine, "the King can do no wrong," received imperative recognition in Japan, and seems to have been extended to the Crown Prince also. There were no other exemptions. If a man committed a crime, punishment extended to every member of his family. On the other hand, offences might generally be expiated by presenting lands or other valuables to the Throne. As for the duty of executing sentences, it devolved on the mononobe, who may be described as the military corporation. Death or exile were common forms of punishment, but degradation was still more frequent. It often meant that a family, noble and opulent to-day, saw all its members handed over to-morrow to be the serfs or slaves of some uji in whose be they were enrolled to serve thenceforth, themselves and their children, through all generations in some menial position—it might be as sepulchre-guards, it might be as scullions.

Tattooing on the face was another form of penalty. The first mention of it occurs in A.D. 400 when Richu condemned the muraji, Hamako, to be thus branded, but whether the practice originated then or dated from an earlier period, the annals do not show. It was variously called hitae-kizamu (slicing the brow), me-saku (splitting the eyes), and so on, but these terms signified nothing worse than tattooing on the forehead or round the eyes. The Emperor Richu deemed that such notoriety was sufficient penalty for high treason, but Yuryaku inflicted tattooing on a man whose dog had killed one of his Majesty's fowls.

Death at the stake appears to have been very uncommon. This terrible form of punishment seems to have been revived by Yuryaku. He caused it to be inflicted on one of the ladies-in-waiting and her paramour, who had forestalled him in the girl's affections. The first instance is mentioned in the annals of the Empress Jingo, but the victim was a Korean and the incident happened in war. To Yuryaku was reserved the infamy of employing such a penalty in the case of a woman. Highly placed personages were often allowed to expiate an offence by performing the religious rite of harai (purification), the offender defraying all expenses.