rince Imperial. But he too died in
696, and it thus fell out that the only surviving and legitimate
offspring of an Emperor who had actually reigned was Prince Kuzuno,
son of Kobun.

To his accession, however, there was this great objection that his
father, though wielding the sceptre for a few months, had borne arms
in the Jinshin disturbance against Temmu and Jito, and was held to
have forfeited his title by defeat and suicide. His assumption of the
sceptre would have created a most embarrassing situation, and his
enforced disqualification might have led to trouble. In this dilemma,
the Empress convened a State council, Prince Kuzuno also being
present, and submitted the question for their decision. But none
replied until Kuzuno himself, coming forward, declared that unless
the principle of primogeniture were strictly followed, endless
complications would be inevitable. This involved the sacrifice of his
own claim and the recognition of Karu, eldest son of the late
Kusakabe. The 14th of March, 696, when this patriotic declaration was
made, is memorable in Japanese history as the date when the principle
of primogeniture first received official approval. Six months
afterwards, the Empress abdicated in favour of Prince Karu, known in
history as forty-second sovereign, Mommu. She herself was honoured by
her successor with the title of Dajo-Tenno (Great Superior).

ENGRAVING: ONE OF THE ORNAMENTAL GATES USED IN JAPANESE GARDENS

ENGRAVING: SWORDS

CHAPTER XVI

THE DAIHO LAWS AND THE YORO LAWS

THE FORTY-SECOND SOVEREIGN, THE EMPEROR MOMMU (A.D. 697-707)

THE Emperor Mommu took for consort a daughter of Fuhito,
representative of the Fujiwara family and son of the great Kamatari.
She did not receive the title of Empress, that distinction having
been hitherto strictly confined to spouses chosen from a Kwobetsu
family, whereas the Fujiwara belonged to the Shimbetsu. But this
union proved the first step towards a practice which soon became
habitual and which produced a marked effect on the history of Japan,
the practice of supplying Imperial consorts from the Fujiwara family.

THE DAIHO LEGISLATION

On Mommu's accession the year-period took his name, that being then
the custom unless some special reason suggested a different epithet.
Such a reason was the discovery of gold in Tsushima in 701, and in
consequence the year-name was altered to Daiho (Great Treasure). It
is a period memorable for legislative activity