Shinto

But although there was little religious sanction of morality in ancient Japan, it by no means follows that there was no morality. We have seen that there are moral elements in the character of the Sun-Goddess as delineated in myth.196 Law, which is the enforcement by penalties of a minimum altruistic morality, certainly existed. A Chinese author, in a description of Japan as it was in the later Han period (a. d. 25-220), says that "the wives and children of those who break the laws are confiscated, and for grave crimes the offender's family is extirpated… The laws and customs are strict." In 490 we hear of two men being thrown into prison for crimes. The Mikado Muretsu (488-506) is said to have been fond of criminal investigation. The Nihongi condemns theft, robbery, rebellion, and non-payment of taxes, none of which matters is taken formal cognizance of by Shinto. Without some law, unwritten and ill-defined though it was, and unequal and fluctuating in its application as it must have been, the Japanese could not possibly have reached even the moderate degree of organized government which we find them enjoying at the dawn of their history.

The earliest so-called legislation which we meet with is embodied in a proclamation issued by the Regent Shōtoku Taishi in a. d. 604. On examination these "laws" prove to be a sort of homily addressed to Government officials, recommending harmony, good faith, a respect for Buddhism, obedience to the Imperial command, early rising, decorum, disinterestedness in deciding legal cases, fidelity to one's lord, and benevolence to the people. In 645 a "beginning of regulations" was promulgated. It relates to the status of slaves and their children. In the following year a set of rules was issued regulating the construction of tombs forbidding human sacrifice in honour of the dead, &c. In the same year laws were promulgated dealing with dishonesty, retaining slaves belonging to other people, bringing plaints of adultery before the authorities without having the evidence of three credible witnesses, &c. "Severe penalties" are threatened in case of their infraction. In 681 a sumptuary law in ninety-two articles was enacted. In 682 flogging was limited to 100 blows: in 689 a book of laws was distributed to all the local authorities; and in 701 the code known as the Taihōriō was promulgated. The latter was borrowed from China, and no doubt Chinese influences had much to do with the more partial legislation which preceded. Shōtoku Taishi's advice to officials is thoroughly Chinese. But the examples quoted show that such enactments were not made without reference to the wants of Japan. It may be inferred from Shōtoku Taishi's mention of "legal cases," and from the regulation of procedure in cases of adultery, that there was already in existence a body of unwritten common law by which a rude sort of justice was administered. Prisons are mentioned more than once in the seventh-century records.

Dr. Weipert says:197 "There are in the Kojiki and Nihongi numerous instances of arbitrary punishment inflicted by rulers, chieftains, &c., or of private revenge, but nothing shows the existence of fixed punitive laws or conventions… If we confine ourselves to the prehistoric times of Japan, we find in them no other traces of conceptions of a binding law than those handed down to us in the rituals dedicated to the Gods. It was indeed the power of the ruler which held the community together, but the idea of the society being subject to lawful restraint was to be found only in the religious sentiments of the people. To the extent of these sentiments alone can it be said that a lawfully regulated community and a consciousness of such existed in those days. Now since we take criminal law to be the publicly regulated reaction of a community against all acts of its members which are detrimental to the common interest, we can scarcely hesitate to describe the Ohoharahi198 as the first source of Japanese criminal law." This is a special application to Shinto of the principle laid down in general terms by Dr. Pfleiderer that "the beginnings of all social customs and legal ordinances are directly derived from religion." Max Müller has expressed himself nearly to the same effect.

I hardly think that the Japanese facts bear out these views. It may be admitted that before the seventh century there were no "fixed punitive laws or conventions in Japan." But between this and mere "arbitrary punishment" or "private revenge" there is a middle term, and I submit that it was precisely to this stage that the Japanese nation had arrived at this time. A common law was in existence, unwritten and ill defined, leaving much room for arbitrary procedure and punishments, but yet a reality. It dealt, as there is evidence to show, with matters so essential to the welfare of the community as treason, rebellion, and robbery, none of which is so much as mentioned in the Ohoharahi. Indeed we could scarcely expect to find such offences noticed in it, as the application of the criminal law in these cases places the guilty persons far beyond the reach of a purifying process.

In an organized community like the ancient Japanese there must have been many torts recognized by public opinion. We know that adultery and dishonesty were punishable. Yet Shinto takes no notice of them. The only civil wrongs singled out for religious denunciation relate to agriculture. The ancient authorities enumerate, among the misdeeds of Susa no wo, "breaking down the divisions of rice fields," "filling up irrigation ditches,"199 "sowing seed over again," with one or two other offences of a similar kind, and the Ohoharahi includes them in its schedule of sins which require absolution. But surely rights of property (we can recognize germs of them in the lower animals) are long antecedent to religion, and offences against them are recognized as offences against man before they became sins against God.

Moreover, the Ohoharahi is wanting in the first essential of a criminal law. It provides no fixed punitive sanction. It is true that the culprit was in some cases obliged to supply at his own cost the necessary offerings for the ceremony, and that practically this amounted to a fine. The original intention, however, was not to punish the offender, but to avert the wrath of the Gods. And it must be remembered that individual cases of purification were exceptional. For the offences of the nation generally, which it was the main object of the Ohoharahi to absolve, no punishment was practicable, or indeed dreamt of. The Ohoharahi fines of purificatory offerings may have contributed to a system of criminal law, but they were certainly not its main source. The case of Japan seems to prove that, in many cases at least, altruistic morality, even in the crystallized form of law, is in advance of religion. And may we not point to cases in our own country where religion withholds its sanction until the law has become well established? The following extract from the Nihongi shows that the distinction between criminal law and offences against the Gods, with their respective punishments, was recognized at an early period: -

"a. d. 404 Winter, 10th month, 11th day. The Imperial concubine was buried. After this the Emperor, vexed with himself that he had not appeased the divine curse, and had so caused the death of the Imperial concubine, again sought to ascertain where the fault lay. Some one said: 'The Kimi of the Cart-keepers went to the Land of Tsukushi, where he held a review of all the Cart-keepers' Be, and he took along with them the men allotted to the service of the Deities. This must surely be the offence.' The Emperor straightway summoned to him the Kimi of the Cart-keepers and questioned him. The facts having been ascertained, the Emperor enumerated his offences, saying: 'Thou, although only Kimi of the Cart-keepers, hast arbitrarily appropriated the subjects of the Son of Heaven. This is one offence. Thou didst wrongfully take them, comprising them in the Cart-keepers' Be after they had been allotted to the service of the Gods of Heaven and Earth. This is a second offence.' So he imposed on him the expiation of evil and the expiation of good, and sent him away to Cape Nagasa, there to perform the rites of expiation. After he had done so, the Emperor commanded him, saying: 'Henceforward thou mayest not have charge of the Cart-keepers' Be of Tsukushi.' So he confiscated them all, and allotted them anew, giving them to the three Deities."

Ceremonial Purity. – Things displeasing to the Gods are called by the Japanese tsumi (guilt), and the avoidance of such things by their worshippers is called imi (avoidance). As Motoöri points out, the tsumi of Shinto comprises three distinct things, namely, uncleanness, sin or crime, and calamity. The distinction between ceremonial impurity and moral guilt (of certain specific kinds) was probably obscure to the ancient Japanese. Certain calamities are included among tsumi because they were looked upon as tokens of the displeasure of the Gods for some offence, known or unknown. All tsumi involved religious disabilities or punishments.

Uncleanness holds a far more important place in Shinto than moral guilt. As in the Mosaic law, it assumes various forms. Actual personal dirt was considered disrespectful to the Gods, as we see by the frequent mention of bathing and putting on fresh garments before the performance of religious functions. The Ohoharahi includes the committing of nuisances among the offences to be absolved by it.

Sexual Immorality and Uncleanness. – It was probably because the consummation of a marriage was thought to defile the house in which it took place that a special nuptial hut was in the most ancient times provided for this purpose. The same idea is illustrated by the custom which existed until quite recently of sousing with buckets of water on New Year's Day young men who had been married during the preceding year. According to a novel called 'Hino-deshima' it is now the bride who is thus saluted while on her way to her husband's house. The bridegroom is treated by the boys of the neighbourhood to volleys of stones which break his paper windows. In later times sexual intercourse generally caused temporary uncleanness. Virgins were selected as priestesses and as dancers before the Gods. But there were no vows of perpetual chastity, and they married in due time just like other girls. The Nihongi mentions a case of the appointment of a princess as priestess having been cancelled on account of her unchastity. A modern Japanese writer says: "At Ise to-day Laïs opens her doors to the pilgrim almost within sight of the sacred groves. To accept her invitation does not disqualify him in his own eyes nor in the eyes of any one else for the subsequent achievement of his pious purpose. A single act of lustration restores his moral as well as his physical purity." Perhaps this puts the matter too strongly. Those shameless wights Yajirō and Kidahachi, the heroes of the Hizakurige, were troubled with scruples in this matter, which were not, however, invincible.

With such ideas of uncleanness it is not surprising that Shinto never had a marriage ceremony. No Shinto or other priest is present. We must, therefore, take with some reserve Max Müller's statement that marriage had a religious character from the very beginning of history. It is to be noted, however, that in modern times Susa no wo and his wife Inadahime are thought to preside over connubial happiness, and that something of a religious flavour is contributed to the marriage ceremony by setting out on a stand (shimadai) figures of the old man and old woman of Takasago, spirits of two ancient fir-trees, who are the Darby and Joan of Japanese legend.

Uncleanness includes bestiality, incest of parent and child, of a man with his mother-in-law or stepdaughter,200 but not of brothers and half-sisters by the father's side. Unions with a sister by the mother's side were unlawful and offensive to the Gods, but they are not specially enumerated in the Ohoharahi schedule.

In 434 Prince Karu, then Heir to the Throne, fell in love with his younger sister by the same mother. At first he dreaded the guilt and was silent. But after a time he yielded to his passion. The next year, in the height of summer, the soup for the Mikado's meal froze and became ice. The diviner said, "There is domestic disorder (incest)." This led to the discovery of Prince Karu's crime, but, as he was successor to the Throne, he was not punished, and his sister only was sent into banishment. After his father's death, however, the ministers and people refused him their allegiance, and he ultimately committed suicide, or, according to another version of the story, went into exile. It is difficult to say whether the religious or the merely moral element predominates in such a case. The portent by which the Prince's crime was followed and the application to the diviners indicate that the crime was thought offensive to the Gods. On the other hand, banishment is a civil form of punishment, and the idea that the offence might bring disaster on the community was probably at the root of the indignation which it caused. Nor is it to be forgotten that there is another non-religious reason for the law against incest. Consanguineous unions are notoriously unfavourable to the propagation of a numerous and healthy progeny, and therefore to the welfare of the community. The 'Chüen,' a Chinese work written several centuries before the Christian era, says: "When the man and woman are of the same surname, the race does not continue." But in China too, the religious sanction of the prohibition of incest is not absent. It is one of those primarily non-religious sexual taboos, having for their object to place a check on masculine tyranny over the weaker sex and the premature, promiscuous, and excessive indulgence of the sexual passion which even savages find to be fatal to the welfare of the individual and the community, and whose transcendent importance and the difficulty of enforcing them by law lead to be reinforced everywhere by religious terrors. The prohibition of unions between brothers and sisters by the mother's side-that is, practically of the full blood-and not of those of the half-blood by the father's side, may be partly due to the circumstance that the former are more commonly brought up together, and a check on immature and consanguineous intercourse was more necessary in their case. This taboo very likely dates from a period when parentage was reckoned chiefly by maternity.

Vulgar licentiousness is not mentioned in the more ancient books as causing ceremonial impurity.

Interference with the virgin priestesses was not only a source of uncleanness, but was in some cases severely punished. The Nihongi states that in a. d. 465

"Katabu and an Uneme were sent to sacrifice to the Deity of Munagata. Katabu and the Uneme, having arrived at the altar-place, were about to perform the rites, when Katabu debauched the Uneme. When the Emperor heard this, he said, 'When we sacrifice to the Gods and invoke from them blessings, should we not be watchful over our conduct?' So he sent Naniha no Hidaka no Kishi to put him to death. But Katabu straightway took to flight and was not to be found. The Emperor again sent Toyoho, Yuge no Muraji, who searched the districts of that province far and wide, and at length caught and slew him at Awi no hara in the district of Mishima."

Here it is primarily the offence against the Gods which is reprobated.

As in the Mosaic law, menstruation and child-birth were regarded as sources of uncleanness.201 The custom of providing a special hut for parturient women has been already noted.202 In 811 the wife of a Kannushi was delivered of a child close to the enclosure of the Shrine of the Goddess of Food at Ise. Both husband and wife had to perform an Ohoharahi. After that time no pregnant woman was admitted within the tori-wi of this shrine. In 882 a Prince was sent as Envoy to Ise because a bitch had had puppies within the precincts of the Imperial Palace. Several days' religious abstinence had to be observed in consequence. Until recently births and deaths were prohibited on the sacred island of Itsukushima in the Inland Sea.

Disease, Wounds, and Death caused uncleanness.203

The death of a relation, attending a funeral, pronouncing or executing a capital sentence, touching the dead body of a man or beast, even eating food prepared in a house of mourning, all involved various degrees of ritual impurity.

Before the Nara period of Japanese history it was the custom on the death of a sovereign to remove the capital to a fresh site, no doubt for the sake of purity. The Ainus of Yezo destroy huts in which a death has taken place. The modern Japanese custom of turning upside down the screen which is placed round a corpse is perhaps a much attenuated survival of the same idea. In 801 a Great Purification ceremony was performed, because a dead dog had been discovered under one of the palace buildings. The same ritual was celebrated in times of pestilence, when a death took place close to the palace and on the Mikado's putting off mourning. If any one died within the precincts of a shrine, no festival could be held there for thirty days. A disability of five days was prescribed in the case of a dog or other beast dying there. At the present day lucifer matches are advertised as "fit for sacred purposes"; that is, they contain no phosphorus which is made of bones, and therefore unclean. Leprosy, owing to its reputed contagious character, is specially mentioned as a cause of uncleanness.204 Wounds, whether inflicted or received, were objectionable, not so much on grounds of humanity, as because of their offensiveness. The Nihongi relates that in a. d. 404 the God Izanagi expressed by the mouth of one of his priests his dislike for the stench of blood caused by branding some of the Mikado's escort. The striking of a Shinto priest while on duty was a cause of uncleanness. In grave cases, however, the offender was handed over to the civil authorities. According to the strict Shinto of a later period, a man must abstain from worship at a shrine for thirty days if he has wounded somebody, or, if he has accidentally hurt himself, so that more than three drops of blood have flowed, for that day. If he has vomited or passed blood, he must not worship for two days, if he has an abscess, until it is cured, for seven days after moxa is applied, and for three days in the case of the operator. At the present day the common word for wound is kega, that is to say, defilement.

Baldness and emaciation were regarded as disqualifications for the position of Imperial Princess consecrated to the service of the Gods.205

It was no doubt the fear of contagion and an instinctive feeling of horror and repulsion which inspired this class of taboos. Contact with death, disease, and wounds are displeasing to living human beings, and therefore to the Gods. In ancient Greece it was not themis for the Gods to look on death. There is an obvious absurdity in referring such incidents of religious ritual to the principle that we must seek for the origin of forms of divine worship in observances towards the dead.

Eating Flesh. – Eating flesh is not included among the causes of uncleanness enumerated in the Kojiki206 or in the Ohoharahi. A Chinese notice of Japan written centuries before the dawn of Japanese history says that the "abstainers" (medicine men) of Japan were not allowed to comb their hair, to wash, to eat flesh meat, or to approach women. But this was perhaps asceticism rather than religion. A prohibition of the eating of the flesh of the ox, the horse, the dog, the monkey, and the fowl in a. d. 647 was certainly due to Buddhist influences. The first hint that it was offensive to the Shinto Gods to eat flesh is found in the Kogo-jiuï, where it is stated that when the son of Mitoshi no Kami saw that Ohotokonushi no Kami had given beef to his field labourers he spat upon their offering and reported the matter to his father, who was angry and sent a blight upon the rice. But this very passage speaks of a horse, a pig, and a cock as acceptable offerings. In the norito things coarse of hair and things soft of hair occur frequently in the lists of offerings. Hirata points out that in sacrifices to the Sun-Goddess no flesh was used. In the most ancient times there was no prejudice against eating the flesh of animals. The Food-Goddess entertained Tsuki-yomi with things soft of hair and things coarse of hair. Hohodemi was a hunter by profession. The ancient Mikados frequently went hunting, and had no scruple in partaking of the products of the chase. Under Buddhist influences, however, there came a change. In the Jōgwan-shiki (859-877) we find that persons who ate flesh were unclean for one day. In the Yengishiki three days are the limit. As time went on the prohibition was extended, until in 1683 we find that to eat the flesh of horse, cow, pig, goat, wild boar, deer, monkey, bear, or antelope caused uncleanness for one hundred days. Birds and fish, it will be observed, are not included in this schedule. Whereas in ancient times the Mikados ate the flesh of deer and wild boar as ha-gatame (hardening the teeth) on the third day of the year, from which a person's age was reckoned, fish, fowl, and rice-cake were substituted at a later period.

Persons who are unclean for any cause must have nothing to do with the preparation or serving of the Mikado's food.

Intoxicating liquors are not tabooed in Shinto. There is, however, mention of an embassy to Ise in 749, the members of which were not allowed to take animal life, to eat flesh, or to drink sake.

Impure food communicated its uncleanness to the fire with which it had been cooked. Persons who used such a fire (kegare-bi) for cooking were unclean for seven days. Hirata suggests that the reason why Izanami was unable to return to the upper world after partaking of the food of Yomi was because of the unclean fire with which it had been cooked.

On the first day of the sixth month, the Mikado was served with food specially prepared with pure fire (imu-bi no zen).

Buddhist Rites. – The performance of Buddhist rites incapacitated a man from the service of the Shinto Gods until he had been subjected to purification. For an infringement of this rule, Shinto functionaries might be fined or dismissed. The use of Buddhist terms was forbidden to every one concerned in the Shinto ceremonies at Ise and Kamo. A Sutra was called "tinted paper," Buddha the "middle child," a Buddhist temple a "tile roof." Buddhist priests and nuns were ironically styled the "long-haired ones." At Ise Buddhist priests were not admitted to the sacred precincts beyond a certain cryptomeria tree. A separate place was assigned them for their prayers.

Other words of ill omen were "death," for which "recovery" was used; for "disease" the participant in a Shinto festival said "rest"; for "weeping," "brine-dripping"; for "blood," "sweat"; for "strike," "stroke"; for "flesh," "mushroom"; for "tomb," "clod," &c. These are later inventions.

Calamities. – We learn from the Ohoharahi that snakebite, being struck by lightning, and other accidents were regarded as tsumi, or sources of impurity. At a later time, a fire which destroyed a man's house made him unclean for seven days.

Any neglect or irregularity in the divine services, any interference with the treasures, priests, or slaves of the shrine, or with the sacred grove around it, or failure to repair it whenever necessary, aroused the anger of the God and involved the uncleanness of the culprit.

Magic or witchcraft (majinahi) is one of the sources of impurity enumerated by the Ohoharahi.207

The above account of Shinto offences must be taken with some qualifications. It is drawn from various sources and different periods of history. Some applied to the whole people, but in most cases it was only the priests and other persons concerned on whom the prohibitions were binding. The Shintō Miōmoku has an enumeration of the "six prohibited things" which includes only "mourning for a relative, visiting the sick, eating flesh of quadrupeds, condemnation of criminals, execution of criminals, music, and contact with impure things."

Imi. – The avoidance of impurity in preparation for a festival was called imi (avoidance). The intending officiator or worshipper remained indoors (i-gomori), abstained from speech and noise, and ate food cooked at a pure fire. For six days previous to the celebration of a festival at the Great Shrine of Idzumo there was no singing or dancing, no musical performances, the shrine was not swept out, no building operations were carried on, and no rice pounded. Everything was done in stillness. A special imi of one month was observed by the priests before participating in the greater festivals. This was called araimi. For middle-class festivals three days' imi were sufficient, and for those of the third class one day. At the present time imi is usually confined to abstinence from meat and from vegetables of the onion class.