著者
牧 健二
出版者
Japan Legal History Association
雑誌
法制史研究 (ISSN:04412508)
巻号頁・発行日
vol.1954, no.4, pp.51-100,en2, 1954-07-31 (Released:2009-11-16)

In the 16 th century the whole land of Japan was split into so many territories, each one of which was owned and ruled by a feudal lord daimyo, and a feudal lord in those days had an absolute power as strong and mightly as that of the king himself. It is, therefore, nothing strange that the Jesuits, who came over to this island-country all of a sudden and started to work as Christian missionaries, looked upon each one of these feudal lords as kings (reis) of Japan. For the time being, such lords of the land acted like an independent ruler, but later only those influential lords usually called yakata came to be called "king" (rei) and those below were called "principality" (principe).They interpreted the fact that Japan was divided into 66 cuni as reminiscent of the fact that there had been so many kingdoms (reinos). Of course this interpretation was far wide of the mark, and yet the result of this interpretation was not without some distinct effects. When the converted lords-such as Sorin Otomo, Harunobu Arima and Sumitada Omura despatched some boy-envoys to the Vatican to pay homage to the then Pope, the-first two lords were recognized as kings as they had the title of yakata. These envoys were very cordially treated with honors equal to their rank. Needless to say, the fact that Japan, a country in the liar East, had sent a delegation to the Vatican to pay homage to Pope, was taken advantage of by the Vatican in order to carry on a most effective campaign against Protestantism that had spread already wide in those days. And quite naturally Cubo, or Shogun Yoshiteru was looked up to as the Emperor (Emperador) of Japan as he was standing above those kings. He was treated as the emperor belonging to the same category as that of the emperor of the Holy Roman Empire. As the natural result of this, occidentals came to call Japan as an empire. But missionaries of the Order of Christ, though they had made some mistakes at first, gradually came to see that Dayri was the real ruler of Japan-especially after Nobunaga and Hideyoshi acquired power, for they payed homage to Dayri as the Sovereign of Japan. The Order of Christ was allowed to share the privilege just as powerful as that of an influential when the commercial ports Nagasaki and Mogi were given to this Order by the aforesaid Sumitada Omura.
著者
牧 健二
出版者
法制史研究
雑誌
法制史研究 (ISSN:04412508)
巻号頁・発行日
vol.1962, no.12, pp.100-148,III, 1962

According to the<I> " Writings of the Wa People "</I> (_??__??__??_), of the<I> " Record of the Gi Dynasty " </I>(_??__??_), there were in the second and third centuries many small states of the old Japanese, which were ruled by a common king co-elected by them, and among the common kings <I>Queen Himiko </I>(_??__??__??_) was most famous. About the real land where the states were situated it has been disputed for many years, but the accurate reading, on which the author has written in recent years, reveals that they were in Kyushyu. The intention of this paper is to make clear the social and legal characters of those small states and of the " Queen State ".<BR>With this intention the author has examined the communities and states of the Mongolian races together with the " Queen State ", because the " Writings on the Wa People " is the last part of the writings on those Mongolian races. The two races, <I> Ugan</I> (_??__??_) and <I>Sempi </I>(_??__??_), in Inner Mongolia, which were composed of many primitive tribes, were normadic peoples, and did not constitute any sort of a state. The three wild races, <I>flare</I> (_??__??_), <I>Yoso</I> (_??__??_) and<I> Kai</I> (_??_), which inhabited on the side of Japan Sea, were not normadic, but any tribe of them did not reach the stage of having a state either. The races of <I>Kan</I> (_??_), who-were in the southern half of the Corean Peninsula, were divided into three blocks, <I>Bakan</I> (_??__??_), <I>Shinkan</I> (_??__??_) and <I>Benkan</I> (_??__??_), and each of them was a group of numerous states constituted by tribes. The largest one among them, Bakan, which contained fifty-four states co-elected a common king, <I>Shin wo</I> (_??__??_). He was perhaps the king of a confederation, which extended its sphere afterwards over the half of the states of the other two Kans. But it was too feeble to resist an attack of the northern enemy.<BR>When we compare the states of the Wa people with such conditions of these Mongolian races, it is quite clear that those were also the states of so many tribes, and the <I>" Queen State " </I>was the confederation of those tribal states. It was stronger in unity than the confederation of the above-stated Shin wo, although it contained various tendencies of collapse. It has been usual until now to take the<I> " Queeu State " </I>to be either the beginning of the Empire of Mikado or a single monarchy in Kyushyu. But such opinions are completely erroneous.