
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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