Constitution

Asian History Japan

The Seventeen Article Constitution, 604 A.D.~ Summer, 4th month, 3rd day [12th year of Empress Suiko, 604 A.D.]. The Crown Prince personally drafted and promulgated a constitution consisting of seventeen articles, which are as follows:

I. Harmony is to be cherishedp and opposition for opposition's sake must be avoided as a matter of principle. Men are often influenced by partisan feelings, except a few sagacious ones. Hence there are some who disobey their lords and fathers, or who dispute with their neighboring villages. If those above are harmonious and those below are cordial, their discussion will be guided by a spirit of conciliation, and reason shall naturally prevail. There will be nothing that cannot be accomplished.

II. With all our heart, revere the three treasures.' The three treasures, consisting of Buddha, the Doctrine, and the Monastic Order, are the final refuge of the four generated beings,~ and are the supreme objects of worship in all countries. Can any man in any age ever fail to respect these teachings? Few men are utterly devoid of goodness, and men can be taught to follow the teachings. Unless they take refuge in the three treasures, there is no way of rectifying their misdeeds.

III. When an imperial command is given, obey it with reverence. The sovereign is likened to heaven, and his subjects (yatsuko) are likened to earth. With heaven providing the cover and earth supporting it, the four seasons proceed in orderly fashion, giving sustenance to all that which is in nature. If earth attempts to overtake the functions of heaven, it destroys everything. Therefore when the sovereign speaks, his subjects must listen; when the superior acts, the inferior must follow his examples. When an imperial command is given, carry it out with diligence. If there is no reverence shown to the imperial command, ruin will automatically result.

IV. The ministers (machikimitachi) and functionaries (tsukasa tsukasa) must act on the basis of decorum, for the basis of governing the people consists in decorum. If the superiors do not behave with decorum, offenses will ensue. If the ministers behave with decorum, there will be no confusion about ranks. If the people behave with decorum, the nation will be governed well of its own.

V. Cast away your ravenous desire for food and abandon your covetousness for material possessions. If a suit is brought before you, render a clear-cut judgment.... Nowadays, those who are in the position of pronouncing judgment are motivated by making private gains, and as a rule, receive bribes. Thus the plaints of the rich are like a stone flung into water, while those of the poor are like water poured over a stone.?Under these circumstances, the poor will be denied recourses to justice, which constitutes a dereliction of duty of the minister (yatsuko).

VI. Punish that which is evil and encourage that which is good. This is an excellent rule from antiquity. Do not conceal the good qualities of others, and always correct that which is evil which comes to your attention. Consider those flatterers and tricksters as constituting a superb weapon for the overthrow of the state, and a sharp sword for the destruction of people. Smooth-tongued adulators love to report to their superiors the errors of their inferiors; and to their inferiors, castigate the errors of their superiors. Men of this type lack loyalty to the sovereign and have no compassion for the people. They are the ones who can cause great civil disorders.

VII. Every man must be given his clearly delineated responsibility. If a wise man is entrusted with office, the sound of praise arises. If a wicked man holds office, disturbances become frequent.... In all things, great or small, find the right man, and the country will be well governed. On all occasions, in an emergency or otherwise, seek out a wise man, which in itself is an enriching experience. In this manner, the state will be lasting and its sacerdotal functions will be free from danger. Therefore did the sage kings of old seek the man to fill the office, not the office for the sake of the man.

VIII. The ministers and functionaries must attend the court early in the morning and retire late. The business of the state must not be taken lightly. A full day is hardly enough to complete work, and if the attendance is late, emergencies cannot be met. If the officials retire early, the work cannot be completed.

IX. Good faith is the foundation of righteousness, and everything must be guided by good faith. The key to the success of the good and the failure of the bad can also be found in good faith. If the officials observe good faith with one another, everything can be accomplished. If they do not observe good faith, everything is bound to fail.

X. Discard wrath and anger from your heart and from your looks. Do not be offended when others differ with you. Everyone has his own mind, and each mind has its own leanings. Thus what is right with him is wrong with us, and what is right with us is wrong with him. We are not necessarily sages, and he is not necessarily a fool. We are all simply ordinary men, and none of us can set up a rule to determine the right from wrong.... Therefore, instead of giving way to anger as others do, let us fear our own mistakes. Even though we may have a point, let us follow the multitude and act like them.

XI. Observe clearly merit and demerit and assign reward and punishment accordingly. Nowadays, rewards are given in the absence of meritorious work, punishments without corresponding crimes. The ministers, who are in charge of public affairs, must therefore take upon themselves the task of administering a clear-cut system of rewards and punishments.

XII. Provincial authorities (mikotomochi) or local nobles (kuni no miyatsuko) are not permitted to levy exactions on the people. A country cannot have two sovereigns, nor the people two masters. The people of the whole country must have the sovereign as their only master. The officials who are given certain functions are all his subjects. Being the subjects of the sovereign, these officials have no more right than others to levy exactions on the people.

XIII. All persons entrusted with office must attend equally to their functions. If absent from work due to illness or being sent on missions, and work for that period is neglected, on their return, they must perform their duties conscientiously by taking into account that which transpired before and during their absence. Do not permit lack of knowledge of the intervening period as an excuse to hinder effective performance of public affairs.

XIV. Ministers and functionaries are asked not to be envious of others. If we envy others, they in turn will envy us, and there is no limit to the evil that envy can cause us. We resent others when their intelligence is superior to ours, and we envy those who surpass us in talent. This is the reason why it takes five hundred years before we can meet a wise man, and in a thousand years it is still difficult to find one sage. If we cannot find wise men and sages, how can the country be governed?

XV. The way of a minister is to turn away from private motives and to uphold public good. Private motives breed resentment, and resentful feelings cause a man to act discordantly. If he fails to act in accord with others, he sacrifices the public interests for the sake of his private feelings. When resentment arises, it goes counter to the existing order and breaks the law. Therefore it is said in the first article that superiors and inferiors must act in harmony. The purport is the same.

XVI. The people may be employed in forced labor only at seasonable times. This is an excellent rule from antiquity. Employ the people in the winter months when they are at leisure. However, from spring to autumn, when they are engaged in agriculture or sericulture, do not employ them. Without their agricultural endeavor, there is no food, and without their sericulture, there is no clothing.

XVII. Major decisions must not be made by one person alone, but must be deliberated with many. On the other hand, it is not necessary to consult many people on minor questions. If important matters are not discussed fully, there may always be a fear of committing mistakes. A thorough discussion with many can prevent it and bring about a reasonable solution.