Session 16. (20/4/12)

It is Spring of the Year of the Hare (1483). Emishi, Sahpo, Yoshi Yeesu, Tomtare, Ishan Ashte and Onuma have been continuing with their doshin and harbour patrol duties over the quiet winter months. Sahpo has been worrying that the others are losing contact with their Ainu roots and suggests that they hold a festival - in private, since Ainu are persona non grata in these parts. Sahpo is right of course, as the others, particularly Emishi, Ishan Ashte and Yoshi Yeesu are revelling in their new position in Wajin society. But when Sahpo recites an impromptu Saga of Origin, their wills crumble and they agree to his plans. As it is the appropriate time of year, they decide to hold a Festival of Cranes - they haven't seen any cranes since they arrived in Dewa province, but they think there might be some out in the salt marshes. They invite Hidasue's Ainu handyman, Petennouk, to join them and he readily agrees. Once in the marshes, away from prying Wajin eyes, the seven youngsters duck and whirl as they do the best their memories will allow in recreating the Crane Dance of their youth. Petennouk is moved to tears, though whether it is nostalgia for his youth or hysteria for the youths' bumbling imitations of cranes is unclear. At the end, Tomtare says wistfully, "It's about this time of year we'd be sacrificing last year's bear cub and sending its soul to heaven."

"We could recreate that as well then," cries Sahpo enthusiastically. "I mean, we haven't got a bear, but we could re-enact sending its soul into the sunset sky on an arrow. Who wants to fire the arrow?"

"I'll fire one if I can do it as a contest with Yoshi Yeesu," exclaims Emishi.

"I can't think of anything lamer. I'm not going to fire any arrow," replies Yoshi Yeesu.

Sahpo's hackles are raised. "We're not going to forget our origins, it's not lame, and you are going to fire that arrow," he insists, fixing Yoshi Yeesu with a glare. The two lock gazes and match their wills.

"Oh, all right, I'll fire the arrow. But I'm not taking part in any stupid competition."

"Awww!" says Emishi sulkily.

Yoshi Yeesu makes his way to the lake shore and fires an arrow into the west. It is a beautiful shot, piercing the water far out in the lake, right in the middle of a ring of ripples where a fish had jumped just moments before. Yoshi Yeesu's mood and pride are lifted. The outdoor festivities over, the sometime-Ainu exiles return to Hidasue's house to see if sake is compatible with Ainu rituals before they have to resume their daily duties.

One day, Hidasue gathers them in his study and tells them that he has been torn with indecision for the past few months - he wants to get his family's old estate in Akita back and restore it, and the family name, to respectability. And now that he has some physical backup, as well as more minds to attack his problem, he has finally decided to petition the daimyo for the return of the Andō main estate. Now if his assistants could just help him prepare his case...?

The young, half-Ainu, mostly warrior men and woman look at each other... what do they know about making a legal case? Well, of course, they did sit in judgement in the local court in Oga for a week, so obviously they see themselves as experts, but even so...

Surprisingly, Emishi gets things started. "We could say something like, 'In the heyday of the Ando clan, their servitude know no bounds. Now that they have gone to fulfil their destiny in northern China,' or wherever it is, 'there is but one man left. Though his clan be dispersed, his name and deeds are the talk of the province, bestowing the glory of his wise words and heroic deeds to you and your family. He means not to challenge you, but to continue serve you ever more loyally. I beg your consideration to the matter of reinstating Andō Hidasue - the last of his clan'," concludes Emishi, breathlessly.

The others look on in astonishment. Emishi continues. "Or we could say, 'Please please, please... with sweet and sour sauce on the top, and that's what my dad Miyoshi would do... and my dad's bigger than your dad... and nearly seven people have signed this napkin... and this fortune cookie says so... and if you refuse, you insult me, my family and the Shaolin temple! Eat cold steel, like the Kappa-food you are, you old cucumber!'" This sounds more like the Emishi they know and... know.

"Very... thank you for your contribution, Emishi. Now, does anyone else have anything they'd like to bring to the table?" says Sahpo, seeing himself not as a self-appointed chairperson but rather as a facilitator.

"We could get a present for the daimyo," suggests Yoshi Yeesu.

"What might he want?" asks Sahpo, turning to Hidasue.

"I always imagined the case would be decided on legal grounds," says Hidasue, dubiously, "but I suppose it is the daimyo who will decide it."

"Maybe we can look up the original ruling," offers Tomtare.

"But there was no original ruling," says Hidasue. "The province was taken by force and the estate seized."

"Well perhaps we can look up similar cases in court records."

"I don't think there have been any similar cases, but of course you are welcome to try."

Ishan Ashte puts in his two-copper-pieces-worth. "Who is currently occupying the estate? We could see if they're doing a good job or letting it go to rack and ruin."

"Lord Nobuyoshi lives there. He's the daimyo's cousin."

"Ah..."

"Should we keep our work secret," asks Onuma.

"Yes," replies Hidasue, "or it could annoy Nobuyoshi."

They decide to leave their research to the following day. Sahpo goes to the temples and shrines of Akita to see if anyone knows of precedents in history. Onuma investigates the old Andō estate and Lord Nobuyoshi. Tomtare looks through court records in Akita while Ishan Ashte does the same in Oga Town. They reconvene at Hidasue's house that evening and report their findings. Sahpo says that none of the priests knew of any historical precedents. Tomtare and Ishan Ashte have also drawn blanks. Onuma reports that Lord Nobuyoshi is unremarkable, inoffensive and does not appear to have trashed the estate.

"If we force him out, won't that make an enemy of him?" she asks.

"It depends on what the daimyo gives him. He could move him to an even better estate."

"Is there a better estate available?"

Unfortunately, no-one knows.

"So what has Hidasue ever done for the province?"

"Given loyal service to the Daimyo."

"Risen up the ranks."

"Kept down the pirates."

"And the ruffians."

"Kept the peace against yakuza, during the Oga riots, the unruly youths."

"Increased tax receipts."

"Uncovered an Ikkō Ikki plot."

"Okay, so he's a good egg," concludes Sahpo, "but why should he get his estate back?"

"He says it belongs to him."

"It's his ancestral home."

"His grandfather built it."

"Did he?"

"Yes. Well... maybe. Someone must have built it."

"Okay," interjects Sahpo again, "I'll start putting together our case. Hidasue is a model citizen and the estate was taken illegally."

"Don't make him sound too good or the daimyo might see him as a future rival," asserts Onuma

"Is the daimyo that paranoid?" asks Sahpo, reasonably.

"Don't know. Maybe we should try discrediting Nobuyoshi instead."

"But if we get found out we'll be executed... or worse," counters Emishi.

"Okay," says Sahpo, bringing the discussion back to order once more. "Does anyone know the format of the hearing?"

"I believe each counsel speaks and then the judge - or the daimyo - decides the outcome," says Tomtare. "That's how civil cases are heard in Akita."

"All right, I'll write the case and Onuma can perform it in court."

"I don't know why he wants an old house back," mutters Yoshi Yeesu, and in spite of his recent protestations, voices a very Ainu perspective, "Anyone else would just move on."

The day of the hearing arrives. Hidasue and his entourage sit on the floor to one side of the dais where the daimyo and his advisor, an elderly judge, will hear the case; the defence counsel, representing Dewa province and, indirectly, Lord Nobuyoshi, sits on the other side. The daimyo's advisor arrives followed by the daimyo. Everyone bows deeply, foreheads to the floor. The daimyo sits down on a cushion. Onuma shuffles forward, half-bowing, to the edge of the dais and bows to the floor again. Then she presents Hidasue's case, as written by Sahpo. Sahpo has done a good job and Onuma acts it out well. When she has finished, she shuffles back to Hidasue's side. Then the opposing counsel shuffles forward and puts forward his defence.

"Our case is very simple, my lord. Whether you call it force majeure, Eminent domain, or simply neener neener, the Nanbu clan took Dewa Province 28 years ago by force of arms, evicted the Andō clan and took possession of their estates. The estate in question was presented to the Mogami clan in recognition of their aid. As a member of the Andō clan, the plaintiff has no claim on the estate that ceased to belong to his clan 28 years ago. He cannot even claim ownership of the house he currently occupies, which he has been allowed to inhabit since that time, rent-free and with only light duties courtesy of the Daimyo's enlightened attitude. I therefore move that this case be dismissed immediately. The defence rests."

The daimyo and his advisor confer for a while, then speaks to the courtroom in general but no-one in particular if anyone has any further arguments to make. The members of Hidasue's party argue in whispers for several minutes before Emishi decides to speak out. "Surely it is in the daimyo's gift to award the estate how he chooses: the defence counsel is overstating his case - it is not for him to presume the daimyo's wish."

There is a hush - how will the daimyo react? The defence counsel comes to the rescue. "I concede your point - but you have made no case for dispossessing its current, legal owners."

"Well the daimyo can gift them an even better estate elsewhere in the province," retorts Emishi, warming to the task.

The daimyo calls the court clerk over and whispers in his ear. The clerk goes off, evidently to inquire whether such an estate exists. In an awkward silence, the two counsels await the return of the clerk. Hidasue whispers to Sahpo, "What about my grandfather building the place? And what if I can find the deeds?"

Emishi intervenes. "It isn't about ownership because the estate was taken away."

The clerk returns fifteen minutes later and announces that the daimyo's officials have been unable to find a suitable estate for Lord Nobuyoshi. In desperation, Sahpo raises Hidasue's points. "But the estate was built by the plaintiff's grandfather." But the defence counsel has a counter.

"My town house was built by a carpenter," he says, "but the carpenter doesn't own my house."

Sahpo fumes, but the court clerk interrupts. "As all arguments are concluded, the daimyo shall now pass judgement."

The daimyo addresses the wall behind the two counsels, looking straight ahead. "We are not unmoved by your case, so eloquently put by your counsel. But unfortunately we cannot find substantive legal backing for your position. Indeed, it has served to highlight the insubstantial basis for your occupation of your present dwelling. It is my judgement that your submission of a claim of ownership of your family's former estate is without merit and is rejected. It is further decreed that you must quit the estate you currently occupy in Tennō forthwith, and in the interest of avoiding any potential retribution, you will be furnished with travel documents for you and your entourage and required to leave Dewa Province before the month is out."

Hidasue's advisors are stunned and outraged, but Hidasue is more phlegmatic. "At least it is only the eighth day of the month. Will you all come with me? I hope you will." The six look at each other, wondering what to do and wondering what to say. Then Onuma captures the moment.

"Time to move on," she says.

It is Autumn of the Year of the Hare (1483). Hidasue and his retinue have moved to Sannohe, the capital of neighbouring Mutsu province where he has been given the post of jitodai, or assistant land steward by the jito (land steward) who is the brother-in-law of the uncle of the jito of Dewa province, who gave Hidasue the lead and a reference. Hidasue's task is to collect taxes in northern Mutsu. He has brought five members of his household - his cook, his maid, his lackey (who is the cook's son), his horse trainer and his gardener - the Ainu, Petennouk. The six half-Ainu castaways helped bring the horses, and, to everyone's surprise including his own, Emishi managed to talk the abused dancing girl from Oga, on whom he has quite a crush, to come with them.

"Remind me again how he managed that," ponders Yoshi Yeesu.

"As he tells everyone, he's the son of a famous war hero, and quite a catch," suggests Ishan Ashte.

"So is herpes," retorts Sahpo.

At this time of year the main job for Hidasue is to tour the Shimokita peninsula, checking that farmers are paying the right amount of tax, levied after the rice harvest is in. It is quite difficult because the villages are few and far between and the farms grow a wide variety of crops - partly to avoid tax, which is levied on rice. While touring the peninsula, Hidasue and his six helpers set up a temporary base in Mutsu Town, the old provincial capital. Then the six deputies ride out onto the peninsula each day to visit the farms.

One the first day they visit a farm where the farmer is declaring a harvest of 30 bushels of rice. There is a large stack of sacks of rice in a granary. Onuma and Tomtare look at it suspiciously. They count the sacks and do the maths - there are 40 bushels here. The farmer looks sheepish. They charge the farmer the correct amount of tax and add on a bit more as a fine. Emishi gives him a stern talking to. Sahpo recites a Saga. The farmer promises never to misbehave again. Everyone gains 1 budo, 1 On and 5 Tax Collection.

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