Among the judicial officers of the time was one Ōoka Tadasuke, whose
acumen in judging offenses was so remarkable that the people credited
him with almost supernatural ability. Many of his judgments were such as
to be thought worthy of perpetual record. As to the punishments commonly
inflicted, we find manacling, scourging, and exile, the most severe
being transportation to a distant island and death. The degree of
punishment in the same class varied with the nature of the crime. There
were also other punishments, as branding, public exposure, confiscation
of property, and the like. In the case of _samurai_, it was assumed
that, being sufficiently conversant with the code of etiquette and the
principles of morality, minor penalties were not required for their
control. Hence the methods resorted to with them were confinement to
their own residences, shutting them off from general intercourse,
dismissal from office, or compulsory suicide. _Samurai_ who had been
guilty of an offense were first degraded from their class and then
suitably punished. With regard to priests, also, special penalties were
applied; as, for example, exposure to public view, expulsion from the
temple at which they officiated, or absolute suspension from religious
duties. In all the fiefs care was taken to preserve a close relation
between local penalties and those inflicted by the central government,
but differences in the degree of severity exercised made themselves
apparent in the sentences of different judges, and further, since the
judiciary was not independent of the executive, miscarriages of justice
were not infrequent.
Public-domain text, read in full here on John Shaqi.
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