![]() ![]() Ī popular incident tells how a commoner bumped into Saiheiji Tomo, treasurer of the Owari-Tokugawa family, and ignored him further when Tomo demanded him to apologize. It was also advisable for a samurai to go out accompanied by servants and other clan members who could serve as witnesses if it was necessary. It was usual that clan elders presented gifts to officials in order to secure their support, to the point it was said magistrates earned more through those bribes than through their own salaries. Samurai visiting Edo often did all they could to obtain favorable verdicts, as an unfavorable court decision there could be even considered an act of rebellion against the shogunate. His family would be affected too if his properties and titles were removed from his inheritance. The guilty party could be destituted from his job and could even be sentenced to death or forced to commit seppuku. Performing kiri-sute gomen without justification was severely punished. Moreover, the homicidal weapon could be confiscated if an investigation was necessary or as a warning for a kill whose justification was feeble, and it was only given back after the 20 days. The last one applied even after favorable verdict, although it is unclear whether it applied to the physical author of the death or his superior in case the kill was performed by proxy. After striking down his victim, the user was required to report the incident to nearby government official, give his version of the facts and provide at least one witness who corroborated it, and he was expected to spend the next 20 days at home as a proof of contrition. In any case, the samurai performing the act had to prove that his action was right. This exception was called torinuke gomen ( 通り抜け御免, "authorization to pass first"). Some professions, like doctors and midwives, were not eligible targets for kiri-sute gomen while at work or heading to their workplaces, as their jobs often required them to push the boundaries of honor. Anyone who was at the receiving end had the right to defend themselves by wakizashi, a situation most common in the case of a higher samurai exercising the right against a lower ranked samurai as those would always carry wakizashi. Also, due to the right being self-defence, it was not permissible to deliver a further coup de grâce if a blow had been successfully applied. The strike had to follow immediately after the offence, meaning that the striker could not attack someone for a past grievance or after a substantial amount of time. Armoured samurai with sword and dagger, c.1860īecause the right was defined as a part of self defence, kiri-sute gomen had a set of tight rules. ![]()
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