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be so. There were certain sacrifices peculiar to each of the families. Certain dignities also were confined to certain families: thus the Shogunate was the properly of the “Gen” family, and we find that the Rulers of the Hojo family and Nobunaga never assumed the title, though they wielded the power of Shogun, because they did not belong to the “Gen” clan. In the same way the office of Prime Minister was confined to the “To” or Fujiwara family. Up to this point, we find in Japan a condition of society analagous to that formerly existing in Italy and Greece from about 1,000 B. C. to the year 500 of the Christian Era. In both we have family as the unit of civilization. But that which is peculiar to Japan, and that which as such makes the study of Japanese institutions interesting to the student of comparative Law is that, with this primitive form of society remaining unchanged, we find a system which did not arise in Europe till about the 11th century A.D., the system of feudalism. Into the causes which gave rise to feudalism in Japan it is not the purpose of this essay to enquire. Suffice it to remind you, that here feudalism, or the holding of land on condition of military service, received perhaps its most elaborate developement, as it was affected by those causes which modified it in Western Europe—the Church and the Empire. The following seems to have been the condition of society in this respect at the time of Iyeyas. At the head the Shogun. Below him about 360 Daimios, each with a territory of greater or less extent which he farmed out to his samurai or vassals in return for military service: land so held was called koku. In the greater daimiates these vassals underlet their lands on the same conditions; in other words sub-feudation was common. This military service was incumbent on every one who held lands; and so far was this theory carried that a vassal who was not able to perform the service by reason of age or sickness, abdicated in favour of his son. Since lands were only held on condition of military service, if a vassal died and left no male children, the lands escheated
