hem and spare the
other, his guilt is the same as that of the unrighteous persons.
"In the event, however, of advice being sought, the parties not having
been slain, accede to the wishes of the complainant with, regard to
putting them to death or not.
"Mankind, in whose bodies the male and female elements induce a
natural desire towards the same object, do not look upon such
practices with aversion; and the adjudication of such cases is a
matter of special deliberation and consultation.
"Men and women of the military class are expected to know better than
to occasion disturbance by violating existing regulations; and such an
one breaking the regulations by lewd, trifling, or illicit intercourse
shall at once be punished, without deliberation or consultation. It is
not the same in this case as in that of agriculturists, artisans, and
traders."
As a criminal offence, adultery was, according to the ancient laws of
Japan, punished by crucifixion. In more modern times it has been
punished by decapitation and the disgraceful exposure of the head
after death; but if the murder of the injured husband accompany the
crime of adultery, then the guilty parties are crucified to this day.
At the present time the husband is no longer allowed to take the law
into his own hands: he must report the matter to the Government, and
trust to the State to avenge his honour.
Sacred as the marriage tie is so long as it lasts, the law which cuts
it is curiously facile, or rather there is no law: a man may turn his
wife out of doors, as it may suit his fancy. An example of this
practice was shown in the story of "The Forty-seven Ronins." A husband
has but to report the matter to his lord, and the ceremony of divorce
is completed. Thus, in the days of the Shoguns' power, a Hatamoto who
had divorced his wife reported the matter to the Shogun. A Daimio's
retainer reports the matter to his Prince.
The facility of divorce, however, seems to be but rarely taken
advantage of: this is probably owing to the practice of keeping
concubines. It has often been asked, Are the Japanese polygamists? The
answer is, Yes and no. They marry but one wife; but a man may,
according to his station and means, have one or more concubines in
addition. The Emperor has twelve concubines, called Kisaki; and
Iyeyasu, alluding forcibly to excess in this respect as _teterrima
belli causa_, laid down that the princes might have eight, high
officers five, and ordinary
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