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d by Taiko Sama, and to him Ieyasu gave the province of Echizen as his fief. The third son, Hidetada, who shared with his father the command of the forces at the battle Sekigahara, had married a daughter of Taiko Sama, and succeeded his father as shogun. On his youngest three sons he bestowed the rich provinces of Owari, Kii, and Mito, and constituted the families to which they gave rise as the _Go-san-ke_, or the three honorable families. In case of a failure in the direct line, the heir to the shogunate was to be chosen from one of these families. Without undertaking to give a detailed account of the feudal system as modified and established by Ieyasu, it will be sufficient to give the classes of daimyos as they continued to exist under the Tokugawa shogunate.(231) It must be understood that feudalism existed in Japan before the time of Ieyasu. It can be traced to the period when Yoritomo obtained from the emperor permission to send into each province a _shiugo_ who should be a military man, and should act as protector of the _kokushu_ or governor, who was always a civilian appointed by the emperor. These military protectors were provided with troops, for the pay of whom Yoritomo got permission from the emperor to levy a tax. Being active men, and having troops under their command, they gradually absorbed the entire authority, and probably in most cases displaced the _kokushu_, who only represented the powerless government at Kyoto. Under the disturbed times which followed the fall of the house of Yoritomo these _shiugo_ became the hereditary military governors of the provinces, and usurped not only the functions but the name of _kokushu_. They became a class of feudal barons who, during the interval when no central authority controlled them, governed each one his own province on his own responsibility. Even after the establishment of a central authority, and continuously down to the abolition of feudalism, the government of the people was in the hands of the daimyo of each province. The assessment of taxes, the construction of roads and bridges, the maintenance of education, the punishment of crime, the collection of debts, the enforcement of contracts, and indeed the whole circle of what was denominated law were in the hands of the local government. In truth, in Japan as in other feudal countries there was scarcely such a thing as law in existence. The customs that prevailed, the common-sense decisions of a magistra
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