unnecessary punishments; and held that the frequency of punishments was proof, not of the ill-conduct of subjects, but of the ill-conduct of officials. The 91st article of his code puts the matter thus plainly, even as regarded the Shogunate: "When punishments and executions abound in the Empire, it is a proof that the military ruler is without virtue and degenerate." He devised particular enactments to protect the peasantry and the poor from the cruelty or the rapacity of powerful lords. The great daimyo were strictly forbidden, when making their obligatory journeys to Yedo, "to disturb or harass the people at the post-houses," or suffer themselves "to be puffed up with military pride." [347] The private, not less than the public conduct of these great lords, was under Government surveillance; and they were actually liable to punishment for immorality! Concerning debauchery among them, the legislator remarked that "even though this can hardly be pronounced insubordination," it should be judged and punished according to the degree in which it constitutes a bad example for the lower classes (Art. 88).* As to veritable insubordination there was no pardon: the severity of the law on this subject allowed of no exception or mitigation. The 53rd section of the Legacy proves this to have been regarded as the supreme crime: "The guilt of a vassal murdering his suzerain is in principle the same as that of an arch-traitor to the Emperor. His immediate companions, his relations,--all even to his most distant connexions,--shall be cut off, hewn to atoms, root and fibre. The guilt of a vassal only lifting his hand against his master, even though he does not assassinate him, is the same." In strong contrast to this grim ordinance is the spirit of all the regulations touching the administration of law among the lower classes. Forgery, incendiarism, and poisoning were indeed crimes justifying the penalty of burning or crucifixion; but judges were instructed to act with as much leniency as circumstances permitted in the case of ordinary offences. "With regard to minute details affecting individuals of the inferior classes," says the 73d article of the code, "learn the wide benevolence of Koso of the Han [Chinese] dynasty." It was further ordered that magistrates of the criminal and civil courts should be chosen only from "a class of men who are upright and pure, distinguished for charity and benevolence." All magistrates were kept under close supervision, and their conduct regularly reported by government spies.