ice. Nevertheless Japanese legislators did not find it possible to
apply fully these excellent principles. Habits of a millennium's
growth could not be so lightly eradicated. Traces of the old obtrude
themselves plainly from between the lines of the new. Thus the "Law
of Descent" (Keishi-ryo), which formed the thirteenth section of the
code, was a special embodiment of Japanese social institutions,
having no parallel in the Tang statutes, and further, while declaring
erudition and intelligence to be the unique qualifications for
office, no adequate steps were taken to establish schools for
imparting the former or developing the latter. In short, the nobles
still retained a large part of their old power, and the senmin
(slave) class still continued to labour under various disabilities.

That several important provisions of the Land Code (Den-ryo) should
have fallen quickly into disuse will be easily comprehended when we
come presently to examine that system in detail, but for the neglect
of portions of the Military Code (Gumbo-ryo), of the Code of Official
Ranks and Titles, and of the Code relating to the Meritorious
Discharge of Official Duties, it is necessary to lay the
responsibility on the shoulders of the hereditary nobles, whose
influence out-weighed the force of laws. It may indeed be broadly
stated that the potency of the Daiho code varied in the direct ratio
of the centralization of administrative authority. Whenever feudalism
prevailed, the code lost its binding force. In the realm of criminal
law it is only consistent with the teaching of all experience to find
that mitigation of penalties was provided according to the rank of
the culprit. There were eight major crimes (hachi-gyaku), all in the
nature of offences against the State, the Court, and the family, and
the order of their gravity was: (1) high treason (against the State);
(2) high treason (against the Crown); (3) treason; (4) parricide,
fratricide, etc.; (5) offences against humanity; (6) lese majeste;
(7) unfilial conduct, and (8) crimes against society. But there were
also six mitigations (roku-gi), all enacted with the object of
lightening punishments according to the rank, official position, or
public services of an offender. As for slaves, being merely a part of
their proprietor's property like any other goods and chattels, the
law took no cognizance of them.

OFFICIAL ORGANIZATION

Under the Daiho code a more elaborate system of administrati