ni Kugeshu Sho-hatto). This enactment bore the
signatures of the kwampaku and the shogun and had the Imperial
sanction. It consisted of seventeen articles, but only five of them
had any special importance:
"(1) Learning is the most essential of all accomplishments. Not to
study is to be ignorant of the doctrines of the ancient sages, and an
ignorant ruler has never governed a nation peacefully."
This specious precept was not intended to be literally obeyed. The
shoguns had no desire for an erudite Emperor. Their conception of
learning on the part of the sovereign was limited to the composition
of Japanese verselets. A close study of the doctrines of the ancient
Chinese sages might have exposed the illegitimacy of the Bakufu
administration. Therefore, Yedo would have been content that the
Mikado should think only of spring flowers and autumn moonlight, and
should not torment his mind by too close attention to the classics.
"(2) A man lacking in ability must not be appointed to the post of
regent or minister of State even though he belong to the Go-sekke
(Five Designated Families), and it is needless to say that none but a
member of those families may serve in such a position."
"(3) A man of ability, even though he be old, shall not be allowed to
resign the post of regent or minister of State in favour of another.
If he attempts to resign, his resignation should be refused again and
again."
The above two provisions practically conferred on the Bakufu the
power of not only appointing the regent and ministers of State but
also of keeping them in office. For, as the law had been framed in
Yedo, in Yedo also was vested competence to judge the ability or
disability of a candidate. Hence, when the Emperor proposed to
appoint a regent or a minister, the Bakufu had merely to intimate
want of confidence in the nominee's ability; and similarly, if the
sovereign desired to dismiss one of those high officials, the shogun
could interfere effectually by reference to the letter of the law.
Thus, the power of appointing and dismissing the great officials in
Kyoto, which is one of the important prerogatives of the crown, was
practically usurped by the shogun.
"(4) An adopted son shall always be chosen from the family of his
adopter; and a female shall never be adopted to be the head of a
family, no such custom having existed in Japan at any time."
This provision had two main objects. The first was to avert adoptions
havin
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