lowest class consisted of the hinan (outcasts) or eta who were basically considered to be non-humans. The term eta literally means “filth,” and the eta were ostracized by the rest of Edo period society. The eta often performed the tasks believed to be spiritually unclean, such as dealing with the dead. For example, they often worked in trades associated with tanning leather or disposing of animal and human carcasses. As a result, eta were the target of tremendous social prejudices. Even within this group existed a varied ranking system, from those who were temporarily classed as outcasts due to their circumstances, such as convicted petty criminals, to those who were hereditary and permanent pariahs in the rigid feudal Japanese social order.
In the last of his social reform efforts, Hideyoshi commissioned a land census, establishing a uniform tax system and further restricting physical movement between the various provinces, or han, under his rule. Each individual was required to register his name, along with his status and his number of houses. All registered individuals were then prohibited from moving to any other province, or han, without prior government approval.
Following the death of Hideyoshi and the establishment of the Tokugawa shōgunate in 1603, these social policies were further enforced with even more government proclamations. Barrier stations, or seki, were established on all major highways, and travelers were searched for any contraband or defiance of rules regarding physical movement. The Tokugawa shōgunate was known for the policy to prevent Irideppo ni deonna (incoming firearms and fleeing women), which prohibited transport of arms and restricted women, especially daimyō family members held as potential hostages, from leaving the city.
Although samurai openly carried razor-sharp swords, chōnin and nōmin during the Edo period usually were not allowed such overt displays of weaponry. Restricted by government decrees, they often resorted to hibuki (hidden or concealed weapons) for personal protection.
While katana were prohibited, chōnin and nōmin were still allowed to carry tantō (daggers) as well as short swords known as wakizashi. Commoners did not always abide by the laws prohibiting swords. One reason was that the actual measurements used to define katana, wakizashi, and tantō were confusing and often inconsistently applied in many of these laws. Thus during the early part of the Edo period (early 1600s), some chōnin, and especially yakuza, or criminal gang members, openly carried long wakizashi that were virtually equivalent to prohibited katana.
The Japanese historic measure of length, called the kanejaku (square), originated in China and is a common measurement system used for centuries in countries surrounding the Sea of Japan and the East China Sea. Designated Japan’s official measure in 701 by the Taiho Code, the length is made up of units called bu, sun, shaku, and ken. One bu is equal to 0.1193 inches (0.303 centimeters). Ten bu equal one sun, or 1.193 inches (3.03 centimeters). Ten sun equal one shaku, or 11.93 inches (30.3 centimeters). And six shaku equal one ken, or 71.58 inches (181.8 centimeters).
In an effort to restore peace and order to their society, the Tokugawa shōgunate issued various orders prohibiting chōnin from carrying long swords. One such government order was the Daishō katana no sumpō oyobi touhatsu futsumōno sei (the order regarding daishō katana and hair style), issued in July 1645. This law specified the maximum blade length of katana as 2 shaku 8 or 9 sun, or roughly 34 inches (86 centimeters). The blade length of wakizashi was restricted to 1 shaku 8 or 9 sun or about 22 inches (56 centimeters).
In March 1668, the Tokugawa shōgunate once again issued Mutorei (no sword order), an executive directive firmly prohibiting the chōnin class from carrying any swords longer than ko-wakizashi, a very short sword, without specific government permission. According to the edict, the ko-wakizashi blade length was defined as being no longer than 1 shaku 5 sun or approximately 17 inches (45 centimeters). The feudal government later revised this executive order, adding some specific exceptions to this prohibition, including the right for chōnin to carry regular-length wakizashi when traveling or during fires.
Commoners were allowed to carry a wakizashi on trips to protect themselves and their valuables from brigands who often preyed on travelers. Since fires in the densely populated city of Edo occurred with such frequency, most chōnin would take their household possessions into the streets with them when evacuating their neighborhood. The government decree thus allowed them to arm themselves and protect their personal possessions during such chaotic events.
Although not specifically prohibited from carrying ko-wakizashi, law-abiding chōnin during the Edo period typically did not wear any swords while conducting their day-to-day business within the city. Because of the risks of encountering bandits or worse, though, it was quite common for chōnin to openly wear a legal-length ko-wakizashi when traveling any significant distance from their homes.
Kirisutegomen
Popular fiction has often portrayed the samurai as extremely violent and quick to cut someone down at the slightest provocation. With a rigidly enforced and unquestioned social hierarchy, some samurai did tend to be rather dismissive, even arrogant and abusive toward the lower classes. It is a popular misconception, though, that most samurai swaggered about the streets of Edo or rural highways indiscriminately killing one another or some unfortunate chōnin and nōmin out of anger over the slightest perceived offense. Although this type of incident is a widespread occurrence in historical dramas and novels, the truth is actually much more mundane.
It is true that the convention of kirisutegomen (“killing and going away”) was formally recognized under the Tokugawa shōgunate. According to this custom, samurai basically had the legally recognized right to kill any member of the common classes acting other than as expected. Unexpected behavior included surliness, discourtesy, and inappropriate conduct. This occasionally fostered the practice of tsuji-giri, testing a sword blade by cutting down a commoner.
Any samurai involved in such a killing, however, would certainly have been held by officials while an investigation was conducted. The Tokugawa shōgunate published a series of guidelines, such as the Kujikata osadamegaki, that established strict penal codes and judicial procedures. Any samurai found guilty of inappropriate behavior was often subjected to severe penalties. The metsuke (watchers) served as the overseers and inspectors for retainers in the service of the various daimyō. Unemployed samurai or rōnin were considered under the jurisdiction of the respective machi-bugyō (town magistrate), though, and subject to many of the same penal codes as any chōnin.
Wasteful actions such as kirisutegomen, and especially tsuji-giri, were generally frowned upon by all clan and government officials. Although it may have been allowed legally, such behavior was definitely considered intolerable according to commonly accepted religious, moral, and ethical values. The government, realizing it was dependent upon the common people for both produce and taxes, would not risk further alienation by allowing such excesses. Even if an investigation did fail to find any infraction of these guidelines, no samurai could afford a reputation for such needless killings.
According to common law of this period, any citizen, regardless of class, was also allowed to defend himself from unprovoked attacks. Thus, a commoner was allowed to kill a samurai if assaulted. If successful, he was likely to be released from any murder charges by authorities if the killing was committed in self-defense. Obviously, samurai were not as prone to indulge in practices such as kirisutegomen and tsuji-giri when commoners were armed and capable of offering resistance.
Fukushū and Ada-uchi
Killing another samurai, even a lower-ranking bushi, might easily spark a fukushū (blood feud) with another clan, resulting in many other members of either house being killed. No self-respecting bushi would dare put his fellow clan members in such a dangerous position without considering these possible consequences.
Slaying any individual, regardless of class, might also initiate an ada-uchi, a legal vendetta, by members of the victim’s family. (The colloquial term kataki-uchi is a less formal, common reference
