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ARTICLES ON ACCUSATIONS

Shisha kokoroe no koto

POINTS ABOUT ACTING AS A MESSENGER

It is normal practice for samurai to receive an order from the lord to serve as a messenger. The first thing to keep in mind when visiting another clan is to present the letter or the message from your lord faithfully, without additions or subtractions. This way should be followed even by lower people, but especially by samurai – even the slightest inaccuracy may become a matter of kyojitsu,¹⁷¹ or of disloyalty.¹⁷² While with the other clan, do not attend to any personal matters; a samurai should never mix personal matters with official duties. If you make an unscheduled call while on messenger duty, if your servant is ill-mannered or does something which wrongs someone, it is considered as extreme disloyalty towards your lord. Any unexpected and undesirable issues that arise while you are carrying out the orders of the lord are inexcusable. For unexpected or undesirable things that happen to you while serving as a messenger there are things you should be aware of [as explained in the following points].

Shisha kenka tsutsushimu beki koto

MESSENGERS SHOULD ABSTAIN FROM COMBAT

When acting as a messenger, you and your servants should abstain from arguments and sword-fighting in the streets. The orders of the lord are important and therefore you should make sure that no trouble arises; this includes things such as uchihatashi – combat to satisfy your own grudges. If anyone slights you, remember that you can deal with him afterwards. First, fulfil the orders of the lord, even if you are suffering disgrace. When you return you can make a proper judgement of the situation. This is the principle of buyū – the courage of the samurai and of they who cherish their lord.

Shisha katana nusumaruru koto

WHEN YOU HAVE YOUR KATANA STOLEN WHILE ON MESSENGER DUTY

When you are delivering a message, your katana is passed to a retainer at the entrance, as you must give the message wearing no other weapon but your wakizashi. Remember to instruct your servants not to conduct themselves in an ill-mannered way at this time. Be aware that one of your servants may steal your katana and flee. This will not happen if you hire servants with care, but is harder to avoid when you are serving in Edo, because there you may have to employ wandering servants.¹⁷³ If you do have your katana stolen, do not create a fuss but inform the entrance keeper as follows:

I cannot find the servant who is guarding my katana. It is possible that he became sick and has returned. However, I am having trouble because I do not have a sword to wear for my return journey. Although I am hesitant to ask this of you, I wish to borrow a katana for my return.

You should then just return with the borrowed sword. This situation is the result of not correctly judging someone when you hired them, but this does not cast any form of dishonour on you. However, do not return without a katana because this is a dishonour. While this may be a rare event I have still recorded it here as such a case may cause you temporary difficulties. Apply this way of thinking to other cases.

Shukun no kotoba omonjiru beki koto

RESPECT THE WORDS OF YOUR LORD

When making a judgement on a matter, correctly evaluate that which is loyal and that which is disloyal. Concerning disloyalty, those who have some military achievements will still be useless if they have a disloyal mind.

In older days there was a samurai called Tsukuda Mataemon, who would always announce to others: ‘If a lord meets his subjects and says unreasonable things, no one should contradict him.’ When he was serving Gamō Ujisato of Aizu, he went to battle in Ōshu. Now, Ujisato would move around the huts at night observing his army, and on one occasion the enemy made a night raid which was successfully repelled. The next morning, when there was a meeting to discuss the raid of the previous night, Ujisato said: ‘Tsukuda is well prepared at all times and performs with excellence in the vanguard, but it appears that he became flustered as he stabbed his spear without unsheathing it.’

Tsukuda answered: ‘That is correct, my lord. I did this because clouds were gathering in the evening and therefore I used my rainproof sheath and moved out with it still on and as the raid was harsh I just fought on with the sheath still attached.’

This impressed Ujisato much. Even if it was cloudy, there was no way that anyone would have kept a rainproof sheath on his weapon. Tsukuda simply took the lord’s words as they were given. These words by Tsukuda were golden as he managed to maintain his own reputation without contradicting the lord, which would have been disloyal. If there is something immoral in the will of the lord, you should plead against it. If the lord does not take heed of your words, plead a second and a third time, but if he still does not listen to you then resolve to die alongside him – this is the path of the samurai. In ancient times, when loyalty was extreme, it was recorded in the Taiheki war chronicle that Yakushiji Jiro Kaneyoshi pleaded with Moronao several times. He failed to sway his lord, so he decided to become a monk and was mocked for this act; know that this ridicule was justified. Keep an accurate judgement on what is truly loyalty and what is disloyalty and become determined to die. This is the root of courage for the samurai.

Soshō eko arumajiki koto

TO BE IMPARTIAL IN THE SETTLEMENT OF DISPUTES

When settling disputes among lower people, favouritism plays no part in the way of samurai. Be aware that due to personal preferences you will sometimes feel pity for someone you favour and have a bias against the other. Or you will think ill of someone if they are unknown to you, especially if they have an unsavoury face. Once in ancient times an experienced magistrate listened to the claims of two people behind a screen to avoid being unintentionally unfair to one of them on account of their appearance. Someone once said: ‘If you always remember you are a samurai you will not show favouritism.’ However, stupidity often prevails and officials may forget this precept.

Bugyō yakunin kokoroe no koto

THINGS MAGISTRATES AND OFFICIALS SHOULD KEEP IN MIND

Those officials who listen to disputes are called Bugyō – magistrates – and such a station should be taken up by samurai who have the appropriate abilities. The office cannot be performed by those without intelligence or virtue. People of a base quality will try to influence magistrates and officials using gold and silver or by entertaining them or by other unrighteous ways. This is commonly called mainai – bribery. It goes without saying that samurai should not be biased. Those magistrates and officials who do not follow the correct path do not deserve the offices they hold. Such untalented people take advantage of the orders of their lord to elevate themselves, and then exploit their position to throw their weight around. Generally, those who are unaware of what is right and wrong and are without proper judgement cannot achieve honour and fame through excellence. Only those who can execute budo and have restraint should become magistrates and officials.

Soshō wo kiku kan’yō no koto

ESSENTIAL CONSIDERATIONS WHEN HEARING A DISPUTE

If you do not pay equal attention to each party in a dispute, you cannot make a correct judgement. As the proverb says, ‘Do not give judgement having listened to only one side.’ Furthermore, when listening to two people, it is common to believe the first one you hear and not the second. To avoid this problem, there is a way of testing people by asking them about a truth you already know.¹⁷⁴

Hōshiki kokoroeru beki koto

LAWS THAT SHOULD BE KEPT IN MIND

When examining a case, remember that each clan has its own set of laws and those who go against these laws are judged to be criminals, while those who stay within the laws are judged to be righteous. Therefore, when in temporary lodgings, samurai should learn about the laws of that area and take care not to break them. However, the orders of your lord always take priority.

Kido omote ni utsusazaru koto

TO WITHHOLD JOY AND ANGER FROM YOUR FACE

When listening to an examination to decide the right and wrong of a matter, know that unrighteousness should be punished and righteousness should be honoured. If you do not have a proper judgement of who is right or wrong, you may show a gentle face when joy is in your heart and when you become angry you may speak roughly and stare intensely – this is not considered samurai behaviour. Since ancient times it has been said that, ‘The Way is to not display anger.’ If you allow your mind to be as it wishes, it is against the Way and is considered to show a lack of bravery and wisdom. Sometimes, if any bravery exists at all it is only foolhardiness and is considered wrong. There are teachings on benevolence, righteousness and foolhardiness.

Bugyō chūgi kokoroeru koto

A MAGISTRATE SHOULD KEEP LOYALTY IN MIND

Normally, magistrates and other officials carry out their duties in keeping with the established ways of the clan. However, if you, as an official, need to change the normal way of doing things, you should carefully weigh up the new approach in terms of loyalty and righteousness. If it accords with loyalty and functions well within the administration, then make the change with purpose and confidence. Be aware that you should set aside your own interests but never forget loyalty. This is because magistrates, in particular, are the model to which everyone else aspires.

Δ Tradition says:

The following six traditions are about the above ten points. They should be kept in mind and understood for what they are. They are the traditions on the points about messengers and the examination of disputes and lawsuits.

Honmatsu bunmei¹⁷⁵

DISTINGUISHING BETWEEN ESSENCE AND PERIPHERY

Discern that which is the central core in all matters and know it well. Do not confuse the way of reason and the way without reason – these can often be intertwined. Understand that which is essential and that which is peripheral and give priority to the essential.

Ri to dōri no betsu

THE DIFFERENCE BETWEEN CONTRIVED LOGIC AND RIGHTEOUSNESS

Eyes and ears – the young monk is the apprentice and the old monk is the master.¹⁷⁶

Yakunin metsuke no shina

CONCERNING OFFICIALS AND INSPECTORS

When giving evidence to an official or inspector, be it about yourself or another person, speak with your mind fully engaged and make sure the information you give reflects the overall circumstances and will not contradict something that may be said later.

Kijin senjin no shina

THE DIFFERENCE BETWEEN THE PRIVILEGED AND THE HUMBLE

Be aware that, although all people think in essentially the same way, there are different ways of talking to people of high and low status.

Kōjō senyō

THE ESSENCE OF DELIVERING A MESSAGE

A spoken message can easily be misinterpreted, so first of all give a summary of the message, describing its essence, and then go in the details section by section.

Sōron ubawarezu

PROTECTING YOUR ARGUMENT

As soon as someone gives an opinion, another person may try to pass it off as his own. This is commonly called shiriuma ni noru – to mount the same horse. Therefore, a samurai should state only seven out of the ten points that are in his mind and leave the remaining three unspoken. This is called ubawarezu no wakimae – defending against those who steal your argument.

The above ten points plus six traditions add up to a total of sixteen points. These are teachings that officials should keep in mind, including teachings on disputes and lawsuits.

The following thirteen points are about the strong and the weak, victory in battle and departing for war. The ideogram for strong, has been put at the top. There are also a further eight traditions, adding up to twenty-one points in total.

171i.e. hidden implications.

172A lord receiving a message from another lord will consider the hidden political implications. Therefore, if a samurai adds to or subtracts from a message there may be unintended consequences.

173 watari hōkōnin – servants who wander from master to master.

174i.e. ask questions that you know the answer to and observe which person lies.

175 honmatsu – this can also be translated as ‘cause and effect’, ‘the core and the external’, ‘the trunk and the branches’, ‘importance and non-importance’ or ‘substance and its shadow’.

176A reference to a teaching concerning the identification of truth and falsehood, the full description of which is found in the Shōninki manual.