In order to understand the social condition, it will be necessary to consider the nature of the paternal rule in its legal aspects. To modern imagination the old Japanese laws may well seem intolerable; but their administration was really less uncompromising than that of our Western laws. Besides, although weighing heavily upon all classes, from the highest to the lowest, the legal burden was proportioned to the respective strength of the bearers; the application of law being made less and less rigid as the social scale descended. In theory at least, from the earliest times, the poor and unfortunate had been considered as entitled to pity; and the duty of showing them all possible mercy was insisted upon in the oldest extant moral code of Japan,--the Laws of Shotoku Taishi. [345] But the most striking example of such discrimination appears in the Legacy of Iyeyasu, which represents the conception of justice in a time when society had become much more developed, its institutions more firmly fixed, and all its bonds tightened. This stern and wise ruler, who declared that "the people are the foundation of the Empire," commanded leniency in dealing with the humble. He ordained that any lord, no matter what his rank, convicted of breaking laws "to the injury of the people," should be punished by the confiscation of his estates. Perhaps the humane spirit of the legislator is most strongly shown in his enactments regarding crime, as, for example, where he deals with the question of adultery--necessarily a crime of the first magnitude in any society based on ancestor-worship. By the 50th article of the Legacy, the injured husband is confirmed in his ancient right to kill,--but with this important provision, that should he kill but one of the guilty parties, he must himself be held as guilty as either of them. Should the offenders be brought up for trial, Iyeyasu advises that, in the case of common people, particular deliberation be given to the matter: he remarks upon the weakness of human nature, and suggests that, among the young and simple-minded, some momentary impulse of passion may lead to folly even when the parties are not naturally depraved. But in the next article, [346] No. 51, he orders that no mercy whatever be shown to men and women of the upper classes when convicted of the same crime. "These," he declares, "are expected to know better than to occasion disturbance by violating existing regulations; and such persons, breaking the laws by lewd trifling or illicit intercourse, shall at once be punished without deliberation or consultation.* [*That is to say, immediately put to death.] It is not the same in this case as in the case of farmers, artizans, and traders." ... Throughout the entire code, this tendency to tighten the bonds of law in the case of the military classes, and to loosen them mercifully for the lower classes, is equally visible. Iyeyasu strongly disapproved of