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LAYING THE FOUNDATION 237
An aristocratic officeholder, whether stationed at court or in a dis-
tant province, received his stipends twice a year: once in spring and
again in autumn. In addition to lands and households for his rank
(iden
and ifu), he was granted lands and households for his office
(shikiden
and shikifu). The households were the major source of his income.
From each, whether for rank or for office, he received craft and labor
levies
(cho
and
.yd)
and half of the rice tribute
(so).
A
minister of
the
left
or minister of the right was entitled to two thousand households of
about forty villages, approximately the number of households in a
province the size of Suo or Nagato, and such income was tax exempt.
But an official at or below senior sixth rank upper grade did not fare
so well. If he got no more than the official stipend listed for his rank,
he probably did not have enough to support his family. Therefore an
official at or below the level of provincial governor was forced to make
ends meet by finding ways to supplement his income.
An aristocratic official also received preferential treatment when
violating the law, for punishments varied with the criminal's status.
Such favoritism was particularly clear when an official of high rank
committed one of the eight serious crimes
(hachigyaku)
against society
and the state, such as conspiracy or disloyal behavior. Five types of
punishment with increasing degrees of severity were prescribed: whip-
ping, beating, penal servitude, exile, and execution. But if an official
held the third rank or above, he would not be punished, even if he had
committed one of these serious crimes. If he were both the chief
administrator and the chief judge, he was in a position to judge
whether he himself had committed a crime and, if
so,
what his punish-
ment would be. In any case, only the Council of State could inflict the
death penalty. A provincial governor, the heads of the left and right
administrative offices at the capital, and the minister of justice could
do no more than exile an offender, and district supervisors and low-
ranking officials at the capital could inflict punishments no more se-
vere than whipping or beating.
The highest officials of the state made up
a
select group from Yamato
and Kawachi that included the emperor, members of his household,
and leaders of such old and powerful clans as the Fujiwara, Otomo,
Isonokami (formerly Mononobe), and Abe (a Fuse branch). The total
number of individuals in this elite group (fifth rank or higher) proba-
bly came to no more than 125. Provisions of the Taiho code, as noted,
protected the exclusiveness of this group by allowing their high ranks
and offices to be passed on to their sons and grandsons.
The authority of the emperor at the top of this select group was
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TABLE
4.I
Allowances according
to the
Taiho code
(I)
Court
rank
ist
hon
2nd
hon
3rd hon
4th
hon
Sr.
ist
Jr.
ist
Sr.
2nd
Jr.
2nd
Sr.
3rd
Jr.
3rd
Sr.
4th
Jr.
4th
Sr.
5th
Jr.
5th
Sr.
6th
Jr.
6th
Sr.
7th
Jr.
7th
Sr.
8th
Jr.
8th
Daisho
Shosho
Faddy
fields
(««)
80
60
50
40
80
74
60
54
40
34
24
20
12
8
Sust.
Hsehlds.
(M)
800
600
400
300
300
260
200
170
130
100
Pongee
(hiki)
10
8
6
4
Stipends
Silk
(urn)
10
8
6
4
Hemp
(tan)
10
43
36
29
excise
Cloth
(jo)
360
300
240
180
Pongee
(hiki)
3°
20
14
8
30
3°
20
20
14
12
8
7
5
4
3
3
2
2
1
1
1
1
Seasonal
Silk
(ton)
3°
20
14
8
30
3°
20
20
14
12
8
7
5
4
3
3
2
2
1
I
1
1
stipend
Hemp
Cloth
(ton)
100
60
42
22
100
100
60
60
42
36
22
18
12
12
5
4
4
4
3
3
3
3
Hoes
(ko)
140
100
80
30
140
140
100
100
80
60
30
30
20
20
15
15
15
15
15
10
10
5
Personal
retainers
accorded
(number)
100
80
60
40
00
100
80
80
60
60
40
35
25
20
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Allowances according
to the
Taihd code
(II)
Personal
Paddy fields Sustenance retainers
Government post (ch6) households (kd) (number)
Minister of state 40 3,000 300
Ministers of left and right 30 2,000 200
Counselors
(dainagon)
20 800 100
Middle counselors
{chunagon)
200 30
Advisers
(sangi)
80
Note: Chmagon by the regulation of
705;
sangi
by that of 730.
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24O THE NARA STATE
great but not unlimited. He could issue an edict ordering the appoint-
ment of a crown prince or minister, but his edict had to be counter-
signed by the chancellor, minister of the left, or minister of the right.
On the other hand, the following matters could not be acted on by the
Council of State until its recommendations had been reported to the
emperor and approved by him: (i) scheduling important state ceremo-
nies like the Great Feast of the Enthronement (Daijosai), (2) increas-
ing or decreasing the government's operating costs, (3) altering the
number of officials, (4) inflicting punishments by death or exile, and
(5) forming or abolishing districts. The emperor could approve or
disapprove a recommendation but could not make amendments. Usu-
ally he approved. In principle, then, the emperor had dictatorial
power, but in practice, his power was limited by the consultative
authority of the Council of State."
How did relationships between the emperor and the Council of State
differ from those of
a
T'ang emperor served by three state organs: the
Secretariat (Chung-shu sheng), the Chancellery (Men-hsia sheng), and
the Department of State Affairs (Shang-shu sheng)? The heads of these
Chinese bodies were the state's highest administrators, but they were
no more than instruments of inquiry and did not have complete author-
ity over their own departments. The Secretariat's highest officer would
draft imperial edicts after receiving instructions from the emperor, and
officials of the Chancellery would examine the draft and make revi-
sions.
Other departmental heads could see memorials and report their
views to the throne. The Secretariat, which administered the six
boards, would see that an edict was implemented after it had been
examined and revised by the Chancellery. But the Chancellery did little
more than look for textual deficiencies and usually did not consider the
edict's contents. China's highest state officials, therefore, did not have
nearly as much authority as did their counterparts in Japan.
Heads of Chinese aristocratic clans were also relatively weak, as we
can see when comparing the ranks given to the sons and grandsons of
high-ranking officeholders with those received by their Japanese coun-
terparts. Chinese law stated that the heirs of first-rank officers were
entitled to senior seventh rank lower grade, whereas in Japan they
would receive fifth rank lower grade. A study of the ranks bestowed
on the sons of officials at lower levels of the aristocracy also shows that
the Japanese were treated better.
19 Seki Akira, "Ritsuryo kizoku ron," Kodai, vol. 3 of Asao Naohiro, Ishii Susumu, Inoue
Mitsusada, Oishi Kaichiro et al., eds., Iwanami koza: Nihon
rekishi
(Tokyo: Iwanami shot
en,
1976),
PP- 38-63.
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NARA AND TODAI-JI 24I
But what made the Japanese bureaucratic structure quite different
from that of China was the Council of Kami Affairs, which was placed
under the emperor at a position equal to that of the Council of State.
The compilers of the Taiho code, though giving close attention to
Chinese law, were obviously intent on preserving and using traditional
sources of sacral authority. Because the Japanese law provided crucial
support for the emperor's spiritual and secular authority, historians
commonly think of these years as the high point of
the
"administrative
and penal law
(ritsuryo)"
order.
NARA AND TODAI-JI
The death of Emperor Mommu (Temmu's grandson) in 707 at the
age of twenty-five came at the beginning of the Nara period's second
phase, when a grand Chinese-style capital and a statewide system of
Buddhist temples (centered at the Todai-ji) were built. Mommu's
death was followed by an upheaval at court from which emerged
two powerful and influential leaders: Fujiwara no Fuhito (659-720)
and Emperor Shomu (701-56). Both became deeply involved in
activities that helped to make this a time of remarkable cultural
achievement.
The upheaval of the
court
Whenever an emperor or empress became ill, it was customary for
prominent shrines and temples to offer up prayers for a speedy recov-
ery. The
Shoku Nihongi's
lack of such references during the
five
months
that preceded Mommu's death thus suggests that he may have been
murdered. The chronicle supplies considerable information about a
succession issue that divided the court and that probably was linked
with Mommu's untimely death. The major question was whether the
next emperor should be Prince Obito (the future Emperor Shomu,
whose mother was Fuhito's daughter) or a Mommu son with a non-
Fujiwara mother (see Figure 4.3). Because Mommu had no brothers,
three living sons of Temmu were also eligible candidates for enthrone-
ment. But none of these princes was selected. Instead, Mommu's
mother ascended the throne as Empress Gemmei. This was considered
to be a partial victory for those who favored Obito's candidacy, as
Gemmei stated that she wanted Obito to succeed her. The enthrone-
ment of Gemmei therefore led Fujiwara no Fuhito to feel that he would
soon have the power and prestige customarily held by
a
maternal grand-
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242 THE NARA STATE
Empress Empress Emperor
Gemmei (43) Jito (41)
I
I
L.
Prince
Kusakabe
I
Temmu (40)
Lady
Fujiwara no
Miyako
I
I
Emperor Empress
Mommu (42) Gensho (44)
Emperor
Shomu (45)
Figure
4.3.
Mommu's successors. Dashed line indicates spousal rela-
tionship; solid line, offspring. (Reign numbers are in parentheses, as
recorded in the
Gunkasho
chronology; see Brown and Ishida, trans.,
The Future
and
the
Past,
pp. 264-78.)
father of
a
reigning emperor, and he moved closer to that coveted goal
in
714
when Prince Obito
was
appointed crown
prince.
But Fuhito died
four years before the prince was enthroned as Emperor Shomu in 724.
The details of Fuhito's rise to power are not known, but as the son
of Fujiwara no Kamatari (614-669), one of the three principal archi-
tects of the 645 rebellion and the subsequent Great Reforms (see
Chapter 3), he was obviously born on a very high rung of the aristo-
cratic ladder. Although not yet forty at the time of Mommu's death in
707 and only at junior second rank, Fuhito is thought to have been the
most influential man at court, strong enough to affect the course of
events leading to the enthronement of a woman who wished to be
succeeded by his grandson.
Two events of historical importance occurred in the year after
Mommu's death: the discovery of copper in the province of Musashi
and an edict by Empress Gemmei announcing that the capital was
being moved to Heijo (hereafter referred to as Nara), which was north
of Fujiwara on the northern rim of the Nara plain. The first event was
considered sufficiently important for the court to decide that 708 was
to be the first year of the Wado (Japan copper) era and for historians to
link the discovery of copper with the rise of a more highly developed
exchange economy and a sudden increase in the number of bronze
statues.
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NARA AND TODAI-JI 243
The Nara capital
When Empress Gemmei issued her edict of
708
stating that the capital
was to be moved to a new site, she said that sacred signs indicated that
Heijo (Nara) - surrrounded by three mountains to the east, north, and
west - was a propitious location
20
(see
Map
4.2).
She undoubtedly was
influenced by other considerations, such as the ancient custom of mov-
ing the capital at the beginning of
a
new regime and the desire to have a
successor rule from
a
new and more impressive
palace.
But the increas-
ingly influential Fujiwara no Fuhito probably had his own reasons for
favoring the move. More concerned with strategic and economic ques-
tions than with geomancy and divination, he probably understood
quite well that although Fujiwara had had ready access, by overland
roads,
to the Inland Sea harbor of
Naniwa,
Nara was close to rivers by
which goods could be transported to and from Naniwa by boat. He and
his colleagues at court must have appreciated that Nara was no more
than six kilometers south of the Kizu River (navigable all the way to
Naniwa) and that Nara was closer than Fujiwara was to the Saho River
(flowing into the Yamato River that emptied into the Inland Sea at
Naniwa). Thus Nara probably had, in addition to the propitiousness of
mountains on three sides, economic and strategic advantages superior
to those of any other place in the entire Yamato Province.
Recent archaeological investigations have disclosed special geo-
graphical ties between Nara and Fujiwara. Moving north from the
avenue that ran along the western side of the old capital, one entered
the Great Suzaku Avenue that passed through the middle of the new
capital. And proceeding north from the street that ran along the east-
ern side of Fujiwara, one entered Nara's East Capital Avenue. (Only
the latter's West Capital Avenue was not a straight-line extension of
a
Fujiwara avenue.) Nara was therefore not only laid out in the square
fashion of a Chinese capital but also had avenues that ran in precisely
the same direction as - or were exactly parallel to - those of Fujiwara
to the south. Why were the builders so careful to establish such a
precise geographical relationship between the two capitals? As far as
we know, the question was neither raised nor alluded to in contempo-
rary sources, but we seem to see here a concrete expression of the
belief that a sovereign reigning at Nara was to be honored as a direct
lineal descendant of predecessors who had reigned at Fujiwara.
20 Shoku Nihongi, Wado 1 (708) 2/15, in Kuroita Katsumi and Kokushi Taikei henshukai, eds.,
Shinlei
zoho:
Kokushi taikei (hereafter cited as KT) (Tokyo: Yoshikawa kobunkan, 1982), vol.
1,
p. 34.
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244
THE NARA STATE
Map 4.2 Ancient capitals, shrines, and temples. (Based on Hayakawa
Shohachi,
Ritsuryo
kokka,
1974, inside backcover.)
As grand as Nara was, it covered no more than one-fourth of the
area of China's capital at Ch'ang-an (which had an estimated popula-
tion of 1.2 million) and it was not surrounded by high walls as in
China. Still, Nara with a population of around 200,000 was about
three times as large as Fujiwara, indicating that it had become a politi-
cal,
economic, and religious center of a powerful imperium.
But the spiritual authority of the emperor was enhanced not only by
the building of an impressive Chinese-style capital but also by the
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NARA AND TODAI-JI 245
erection of beautiful, massive Buddhist temples. Soon after Empress
Gemmei moved her palace to Nara, temples originally built in Fuji-
wara or elsewhere in the Asuka area (especially the Asuka-dera,
Yakushi-ji, Daian-ji, and Kofuku-ji) were rebuilt at the new capital.
Moreover, additional temples were constructed in provinces all over
the country for an emerging Buddhist system.
The Fuhito
regime
(708 to 720)
Even though Fuhito was the most powerful official at the time of
Emperor Mommu's unexplained death in 707, seven years passed
before his grandson Obito was named crown prince, and ten more
years before Obito was enthroned as Emperor Shomu. Fuhito was
unable to realize his ambitions for Obito sooner because influential
aristocrats favored the enthronement of an imperial son with an impe-
rial mother: either Prince Hironari or Prince Hiroyo, who were sons of
Ishikawa no Toji. Only when Fuhito and his supporters succeeded in
having Ishikawa no Toji expelled from the court in 713 were they able
to arrange the appointment of Obito as crown prince. But even that
did not end the struggle, for Obito was not enthroned after Empress
Gemmei decided to abdicate in 715. The empress elected (or was
forced) to pass the throne to her own daughter, who reigned as Em-
press Gensho (680-748).
Why did Obito - the future Emperor Shomu - fail to reach the
throne in 715? One view is that he was then too young (only fifteen) to
assume the responsibilities of an emperor. But Obito's father Mommu
was placed on the throne at about that same age. A more convincing
theory is that Obito's candidacy met with disfavor because his mother
was a Fujiwara and thus not a member of
the
imperial clan. For nearly
a century the fathers and mothers of all occupants of the throne had
been members of the imperial clan, and this old tradition could not be
easily broken, even by Fuhito
21
(see Figure 4.3).
Although Fuhito did not live to see his grandson's enthronement,
his influence at court was nonetheless considerable. He was appointed
minister of the right in 715 at the beginning of Gensho's reign and
continued to hold that high office until his death in 720. Only two
other officials outranked him: the chancellor and the minister of the
21 The mother of Prince Otomo was not a member of the imperial clan, which may be why the
Nihon shoki does not admit that Otomo ever occupied the throne. If he did become emperor,
an exception was made to the long tradition that both the mother and father of an emperor
should be members of the imperial clan.
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246 THE NARA STATE
left. Prince Hozumi had been named chancellor in 705 but died before
the beginning of Gensho's reign in 715, and no new chancellor was
appointed while Fuhito was alive. Isonokami no Maro was minister of
the left but died in 717. His post, too, was left vacant. In this way the
dominance of court affairs by an emperor's relatives - a practice estab-
lished in the previous century - was abolished by Fuhito and his Fuji-
wara relatives.
After the discovery of copper in 708, the Fuhito regime moved to
stimulate trade by minting coins (see Chapter 8) and three years later,
to facilitate the transport of goods by setting up post stations (eki)
around the capital, to lighten the indebtedness of commoners by reduc-
ing interest charges on private rice loans
(shi-suiko)
to 50 percent, and
to help farmers by preventing nobles and local aristocrats from occupy-
ing public lands.
22
Even though the economy of Nara and its environs
was stimulated by such measures during the twelve years of the Fuhito
regime, numerous construction projects became a heavy drain on the
state's resources. As early as
711,
the empress issued an edict in which
she stated: "We hear that of late many laborers brought to the capital
from the various provinces for construction work have been deserting.
Although desertion has been prohibited, it continues."
2
* And another
edict handed down five years later noted the misery and discontent
among people engaged in supplying and transporting goods.
2
*
Attempts were made to improve the administration of local affairs,
thereby increasing the government's control over natural and human
resources. For example, in 712, after the Ezo people of northern Japan
had been subjugated, the northern province of Dewa was created. The
provincial governors were also ordered to attend more carefully to the
collection of revenues and the prevention of tax evasion. Household
registers were revised, and eleven governors were assigned a new su-
pervisory role. But the most famous administrative measure of the
Fuhito years was the compilation of the Yoro administrative code,
probably started in 717. Although a draft of the revision was not
completed until after Fuhito's death and was not promulgated until
757,
legal work of this type is thought to have strengthened a bureau-
cracy that was endeavoring to increase state income and state control.
22 State loans (ko-suiko) were a Nara period form of taxation, a source of income yielding as
much as 100% interest per annum. See Chapter 8 of this volume.
23 Shoku Nihongi, Wado 4 (711), 7, KT 1.45.
24 Shoku Nihongi, Reiki 2 (716) 4/20, KT
1.64-65.
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