The Order for Compassion for Living Things (1/2)The nation's most evil laws are being reevaluated

The famous "Edict to Show Compassion for Living Things" was issued during the reign of Tokugawa Tsunayoshi, the fifth Shogun of the Edo Shogunate. It is a collective term for numerous laws and regulations issued to protect living things, but many people have a strong image of it as an "evil law" that prioritized dogs over people and caused suffering for the general public. However, in reality, the law also applied to humans, for example to protect abandoned children, and in recent years it has been reevaluated from the perspectives of social welfare and ethics. In this article, we will explain the Edict to Show Compassion for Living Things in an easy-to-understand way.

Background of the Edict for Compassion for Living Things: Tokugawa Tsunayoshi, who was devoted to Confucianism, became Shogun

The Tokugawa Tsunayoshi, the fifth Shogun of the Edo Shogunate, issued the Edict for the Compassionate Treatment of Living Things. Until the fourth Shogun, Tokugawa Ietsuna, the eldest son had inherited the throne, but Ietsuna died of illness in 1680 without an heir.

It was thought that the successor would be Ietsuna's younger brother, Tokugawa Tsunayoshi, the lord of the Tatebayashi Domain in Kozuke Province (present-day southeastern Gunma Prefecture) with a fief of 250,000 koku, but Ietsuna's chief advisor, Sakai Tadakiyo, plotted to have Prince Arisugawa Yukihito from the imperial family succeed him as shogun. A battle for the succession broke out, but the plan was rejected due to opposition from Tokugawa Mitsukuni, known for the TV drama "Mito Komon," and Tsunayoshi became shogun.

After taking office, Tsunayoshi dismissed Sakai Tadakiyo and chose Hotta Masatoshi, who had supported his inauguration as shogun, as his replacement as chief advisor. He also appointed a chamberlain (a person who acted as an intermediary between the shogun and the senior councilors) for the first time in the Edo shogunate, and appointed Makino Shigesada, a close aide from his days in the Tatebayashi domain. For Tsunayoshi, who had returned from a side branch of the shogunate, the chamberlain was an essential position in order to express his own will and participate in the shogunate government while also being considerate of the senior councilors. After Hotta Masatoshi was assassinated, Tsunayoshi did not appoint a successor, and instead made use of the chamberlain to further strengthen his participation in politics.

Tsunayoshi was also known for his love of learning, and he placed special importance on Confucianism, which was introduced from China. The third shogun, Tokugawa Iemitsu, instructed Tsunayoshi to study Confucianism, hoping that as his younger brother he would be able to support Ietsuna and be aware of his place in the world. Tsunayoshi became so fascinated with it that he even built the Yushima Seido (Bunkyo Ward, Tokyo), a shrine dedicated to Confucius.

As shogun, Tsunayoshi advocated "benevolent government" that valued virtue based on the teachings of Confucianism, and promoted "politics by civil rule." When he issued the Buke Shohatto, a set of rules for feudal lords, in 1683, he changed the first article from "devote yourself to the arts of literature, martial arts, archery, and horse riding" to "encourage the arts of literature, martial arts, loyalty, filial piety, and proper etiquette," in other words, to strive for scholarship, martial arts, loyalty, and filial piety. The Order for Compassionate Living Things was issued as part of these policies based on Confucianism.

What is the Edict for Compassion for Living Things? When did it start?

As mentioned above, the Order for Compassion for Living Things is a collective name for over 100 laws and regulations on the protection of living things that were issued over several decades during the reign of Tokugawa Tsunayoshi. The exact start date is unknown, but in 1680 (the 8th year of the Enpo era), when Tsunayoshi ascended to the throne, he banned the custom of cutting the muscles of horses to improve their gait, and it is believed that this was the beginning of the Order for Compassion for Living Things.

Also, according to records from the Aizu Domain (Fukushima Prefecture, etc.), in June 1684, they were ordered to "be kind to living things," and so they stopped the annual offering of hawks. Then, in 1686, a town notice was issued stating, "As Saizen has also instructed, there is no custom of not feeding pet dogs, and of accepting or giving away living things such as dogs. It seems that you have misunderstood the order to be kind to living things, but whatever the circumstances, you should be mindful to treat living things with compassion." This was the first time the phrase "compassion for living things" appeared in a Shogunate legal document, and it seems that the policy of compassion for living things began around this time.

The reason why the Edict for Compassion for Living Things was issued

The most well-known reason for issuing the Edict for Compassionate Living Things is probably the story of Tsunayoshi's mother, Keishoin (Otama no Kata). Keishoin was originally born into a greengrocer in Nishijin, and rose from a concubine to Iemitsu to become the mother of the shogun, giving rise to the phrase "Tamanokoshi" (a woman married to a rich woman).

In 1683, Tsunayoshi's son Tokumatsu died of an illness at the young age of 5 (4 years old), and Keishoin, concerned that Tsunayoshi would not have an heir, consulted with a Buddhist monk named Ryuko, who told him that the reason he could not have an heir was because he had killed animals in his previous life. Ryuko then advised him, "If you want an heir, take good care of animals, especially dogs because Tsunayoshi was born in the Year of the Dog," and based on that, the Edict for the Compassionate Treatment of Living Things was created.

However, it was only in 1686 that Ryuko became the chief priest of Chitoku-in Temple on Mount Tsukuba and came to Edo. The policy of compassion for living things had begun before then, and in recent years the theory that the Edict for Compassion for Living Things was enacted on the advice of Ryuko has not been widely circulated.

Tsunayoshi was originally a man of strong Confucian beliefs, so perhaps it was natural for him to educate people to value living things. By widely appealing for the importance of the lives of living things through the Edict for the Compassionate Treatment of Living Things, Tsunayoshi attempted to change the values that had continued since the Warring States period, which placed emphasis on military force and disregarded life, and to reform the government from military rule to civilian rule.

Order for the Compassionate Treatment of Living Things 1. Protection of Dogs

Let's take a look at the contents of the Edict for Compassionate Living Things. The most prominent one was the protection of dogs, which was the reason Tokugawa Tsunayoshi was mockingly called the "Dog Shogun." However, the initial Edict for Compassionate Living Things was mainly a decree for the protection of horses, and the first edict for dogs was issued in 1685 (Jokyo 2), which stated that "it is not necessary to tie up dogs or cats along the route of the Shogun's visit."

In 1686, in response to the frequent occurrence of incidents of dogs being run over by handcarts and ox carts, a town decree was issued instructing townspeople to post lookouts when transporting goods and for townspeople to be careful, as well as to treat living things, including dogs, with the "compassionate attitude" mentioned above.

The protection of dogs accelerated after that, with people banning abandoned dogs, feeding stray dogs, and making and managing "hair registers" for privately owned dogs. Finally, special shelters called "dog houses," "official mansions," and "imperial enclosures" were created to protect stray dogs.

The kennel was originally set up in a corner of the mansion of Kitami Shigemasa, a chamberlain in Kitami Village, Setagaya Domain, Tama County, Musashi Province (Setagaya Ward, Tokyo). It mainly housed sick dogs and puppies, and the kennel provided them with good food and arranged for them to see a doctor if they got sick. The dogs seem to have had a pretty good life.

Furthermore, the shogunate built new dog kennels in Okubo, Yotsuya, and Nakano (all in Tokyo) and began to house mainly stray dogs. The background to this was that excessive protection of dogs had led to an increase in the damage caused by stray dogs, and dissatisfaction with the protection given to dogs led to dog slaughter incidents. The largest dog kennel was completed in Nakano in 1695. Its site area was approximately 90,000 square meters, and it housed approximately 100,000 dogs collected from the city of Edo.

The cost of setting up the dog kennels and feeding 100,000 dogs...naturally, it was quite costly. According to documents from that time, it cost more than 98,000 ryo to feed the dogs a year. The majority of the expenses were covered by the feudal lords and the people of Edo, with the feudal lords mainly in charge of setting up the dog kennels. The cost of feeding the dogs was covered by townspeople and farmers in the Shogunate's territory around Edo. The Shogunate collected a tribute called "Oinujougakin" from townspeople at the rate of 3 bu of gold per room, and imposed a "Dog Support" on rural areas at the rate of 1 koku for every 100 koku of village land. Naturally, dissatisfaction grew among those forced to bear the burden.

The more the dogs were cared for, the more they multiplied, and the higher the costs of running kennels rose, creating a negative spiral of public discontent. As a result, the shogunate tried to reduce the number of kennels, and began to collect and deposit dogs in farming villages near Edo, with a subsidy for their upbringing. The subsidy was 250 yen a year, and was a valuable cash import for the farming villages.

Order to Show Compassion for Living Things 2: Protecting everything from cattle and horses to insects

The Law for the Compassionate Treatment of Living Things protects animals other than dogs. The shogunate issued a town ordinance in 1687 prohibiting the abandonment of sick horses and cattle, and has since issued numerous other town ordinances to protect sick horses and cattle. It also prohibited cattle and horses from carrying heavy burdens. Detailed regulations were also established for horses, such as not stretching their muscles, burning the tip of their tails only when they were being treated, and wrapping their tails only with a double rope when it was raining.