UNION
 OF
 BYZANTINE
 ARISTOCRACY
__________

EMPERORS  and  ARISTOCRACY
 Comparative Study between BYZANTIUM and JAPAN

By: 
Prof.  J.  J.  KOPPANY   SANTA-PINTER
October  1997  or  7506 of the Era of Constantinople

(English Translation by Mark A. C. Karras, Ph.D.)
__________

SUMMARY

1. The position of the Emperor of Byzantium and the Imperial Family.

2.  The Tenno and the Imperial Family in Japan.

3. The Emperor and the aristocracy in Byzantium.

4. The Tenno and the aristocracy in Japan.

5. Conclusions

__________

 

1.

The position of the Emperor of Byzantium and the Imperial Family

     The Emperor of Byzantium was considered the deputy of God and acted as such. For example, at the investiture of some dignitary he would say: "My imperial power that I have from God, elevates you to the dignity of . . . ,"(1) etc. To enthrone the Patriarch he used the formula: "The Holy Trinity who has conferred upon me this empire, confers upon you the function of Patriarch of New Rome."(2) Curious, after the fall of Byzantium, Mohammed II, on learning that there was no Patriarch in Byzantium, disposed that one be elected. Gennadios Scholarios was elected (1454-1457) and Mohammed invested him, in Greek, in a ceremony similar to what the Byzantine Emperors used: "The Holy Trinity who gave me the kingdom, makes you Archbishop of Constantinople and universal Patriarch." Thereupon, he placed a golden mantle on his shoulders and named him "Milet Baschi" (that is, "ethnarch" chief of the nation) which signifies that he made him chief of all the Christian inhabitants in the territory of the Turkish Empire and assured him of ecclesiastical as well as civil jurisdiction.(3)
_________________________
(1)  Theodore Lascaris-Comnenos: "Aristocracy   in the Roman Byzantine Empire;" ed. Union of Byzantine Aristocracy, Bonn, 1997, p. 10.

(2)  Cf. my "Roman Byzantine Law"; ed. Philo Byzantine Academy and University, Miami, 1996, pp.7-8.

(3)  István Pirigyi:"A bizánci Egyház története a Középkorban"(The history of the Church of Byzantiumin the Middle Age), 2nd ed., ed. Görög Katolikus Hittudományi Föiskola (Greek-Catholic Theological College). Nyiregyháza, 1991, p. 181.
_________________________

     Marcus Aurelius, Basil II, Alexis I Comnenos the Great (1081), John Comnenos, Manuel Comnenos, Michael Angelos (1204), John III, Theodore II Lascaris (1257) created palatine, military, civil, administrative, juridical, university dignities, etc. that gave to the titular recipient a nobility rank in addition to whatever was his function. Leo VI offered honorific, life term or temporary dignities.(4)

      In the case against St. Paul, Festus used the term "Sebaston" - "Augustus," "Majesty" - for the Roman Emperor (Acts 25:25) to whom St. Paul appealed as to "Kaisara" in Greek and "Caesarem" in Latin (Acts 25:11). "Sebastos" (respected, grand) in Greek and "Augustus" respectively are adjective and otherwise also substantive (Majesty).

     In the Treaty of 1281 between Michael Palaeologos and the Sultan Kelaún, the former appears as "Imperial Majesty" and the latter as "Powerful Sovereignty."(5)

     The title "Majesty," "Sebasté" ("Augustus") in Byzantium corresponded to the Emperor; and "Kyria," that is, "Domina" ("Lady"}, to his spouse the Empress.
_________________________
(4)  Theodore Lascaris-Comnenos, o.c., p.4.

(5)  Koppány Santa-Pinter, o.c., p.12.
_________________________

 

2.

The Tenno and the Imperial Family in Japan

     The Emperor (Tenno:"Celestial Prince") descends from divinity according to the religious myth and the socio-political tradition.

     Historically, the Meiji Constitution of February 11, 1889 explained(6) the dignity of the Emperor and his faculties and referred to the Imperial Family (koshitsu) that was governed by the Code of the House of the Tenno. Thus, the spouse of the Tenno, the Empress, is "Kogo," the grandmother of the Tenno is "Taikotaiko," and the mother of the Tenno is "Koitago." These three are "Empresses" and partake with the Tenno in the title of "Majesty" (Art. 5 of the said Code of the House). The remaining members of the Imperial Family are "Highness."
_________________________
(6)  Cf. Miyazawa Toshijoshi: "Verfassungsrecht (Kempo)" (constitutional Law), 1986. Series  "Japanisches Recht" (Japanese Law), Editors: Professors Gottfried Baumgärtel, Peter Hanau, Ernst Klingmüller, Boris Meissner, and Dietrich Oebler, Vol. 21, Ed. Carl Heymanns Verlag, Köln-Berlin-Bonn-München; Translated, elaborated and edited by Robert Heuser and Yamasaki Kazuaki; Ch. 6,  pp. 129-151. Section 1. Preliminaries, p. 129. Cited in advance: Kempo.
_________________________

     "Shinno" are the legitimate children and nephews of the Tenno;
     "Naishinno" are the legitimate daughters and nieces of the Tenno;
     "O" are the legitimate masculine descendants of the Tenno of the third generation and later generations;
     "Jo’o" are the legitimate feminine descendants of the Tenno of the third generation and later generations;
     "Shinnohi" are the spouses of the "Shinno;"
     "Ohi" are the spouses of the "O."

     Among the "Shinno" is the hereditary son of the throne, "Kotaishi," and if there is no such son, it will be the hereditary nephew, named "Kotaison" (Art. 8 of the Code of the House of the Tenno).(7)
_________________________
(7)  About the succession to the throne cf. Kempo, pp.137 ss; about the regent, Kempo, pp. 145-148.
_________________________

     The 1946 Constitution, dictated under the American occupation, deprives the Tenno of many of his attributes and only affirms that the Emperor is the "symbol of the State and of the unity of the people in whom resides the sovereign power" (Art. 1). It must be noted that Sec. 1 of Art.14 speaks of "all the citizens" - "all of the people," in a manner that also includes the Emperor and the members of the Imperial Family. Notwithstanding, Art. 2 creates a "sui generis" situation for them: "The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet." Another "sui generis" characteristic is that by tradition the Tenno and the Imperial Family have no surname. Should any member of the Family lose that status, a surname will be created for that person.

 

3.

The Emperor and the aristocracy in Byzantium

     Alexis I Comnenos the Great (1081) created a dynastic nobility wherein the titles "Sebastokrator," "Caesar," "Despot," "Protosebastos" corresponded exclusively to members of the Imperial Family.(8) He named his brother-in-law "Caesar;" his brother Isaac "Sebastokrator" (a title higher than "Caesar"); another brother, Nikephoros, "Grand "Drouggarios of the Navy;" the brother, Adrianos, "Most Illustrious Protosebastos" and thus in succession.(9) Important titles were granted to foreign Princes. For example, the Doge of Venice received the title of "Protosebastos" following the naval victory against the Normans; the title of "Consul" was given to Clodoveo; that of "Byzantine Patrician" to Odoacro; Justinian named "Serene" the king of the Lazes, etc.(10)

     In 1163 Manuel Comnenos created the title of "Despot" for Prince Béla of the Royal House of Árpád of Hungary. He was the son of Géza, King of Hungary (1141-1162) and younger brother of King Stephen III (1162-1172) who reigned Hungary as Béla III from 1172 to 1196, one of the most important kings of Hungary. He was "Despot" and hereditary designate to the throne of Byzantium with the name of Alexios, promised to Maria the daughter of the Emperor.(11)

     The Byzantine titles of aristocracy like in Japan corresponded to feudal titles known in Europe as "Prinkeps" (Prince), "Doux" (Duke), "Kleisourarka" (Marquis), "Komes" (Count), "Apokomes" (Viscount) and "Akrita" and "Apelate" (Baron).
_________________________
(8)  Theodore Lascaris-Comnenos, o.c., p. 8.

(9)  Id., et ibid.

(10)   Cf. my Byzantine Diplomacy," o.c., p. 8; cf. Louis Bréhier: "Les institutions de l’Empire Byzantin," Paris, 1949, pp. 89 to 165.

(11)  The title of "Despot" in the Empire signified the second dignity after the Emperor, followed by "Sebastokrator" and then came "Caesar."
_________________________

 

4.

The Tenno and the aristocracy in Japan

     The Meiji Constitution (1889) establishes that the Emperor granted nobility ("kazoku") and rank ("kurai"), chivalry Orders and other distinctions and decorations. On the other hand, the Constitutions of 1946, in addition to depriving the Tenno of almost all the previous faculties and attributes, only affirms that he is a symbol as we have seen; but all that refers to titles, decorations, etc. is governed by Art. 7, Sec. 7 ("The Emperor shall, with the advice and approval of the Cabinet, perform the following acts in matters of state on behalf of the people: . . . (7) Awarding of honors.") although Sec. 3 of Art. 14 establishes - according to what is expounded - the limits of such concession of honors, decorations or distinctions in that: "No privilege shall accompany any award of honor, decoration or any distinction, nor shall any such award be valid beyond the lifetime of the individual who now holds or hereafter may receive it."

      It is important to keep in mind that Art.14 is located in Chapter III of the Constitution that speaks to the Laws and Duties of the people.(12) It is even more interesting to cite the complete text of Art.14 that reads as follows:

     [1.]  "All of the people are equal under the law and there shall be no
             discriminationin political, economic or social relations because of race,
             creed , sex, social status or family origin.
        2.    Peers and peerage shall not be recognized.
       3.    No privilege shall accompany any award of honor, decoration or any
             distinction, nor shall any such award be valid beyond the lifetime of the
              individual who now holds or hereafter may receive it."(13)


_________________________
(12)  Cf. Hideo Tanaka, assisted by Malcolm D. H. Smith: "The Japanese Legal System." "Introductory Cases and Materials," University of Tokyo Press 1976; Second Printing, 1977, Ch. Ten. Constitutional Guarantee of Human Rights, Sec. 1, Equality under the Law, pp. 721 ss.; Toshijoshi, "Kempo,"o.c., Ch. III; Yosiyuki Noda:"Introduction au Droit Japonais." Institut de Droit Comparé de l’Université de Paris, Les Systčms de Droit Contemporains XIX, Paris, Dalloz, 1966, pp.73-78 and Yosiyuki Noda: "Introduction to Japanese Law," Translation and edition of Anthony H. Angelo, University of Tokyo Press, 1976, Sixth reprinting (it is the former work published in French and this edition in English), Ch.IV, pp. 65 ss.

(13)  Cf. the judicial cases cited by Tanaka, o.c., p. 721.
_________________________

     That is to say, Art. 14 erases the distinction of "social status" and "origin" that previously existed (princes, counts, nobles, palatines); even the "samurai" ("Shizoku") as we read, for example, in the Constitution of 1889, where the ministers who sign jointly(14) with the Emperor, eight sign with their title of "count" and two with "viscount."
_________________________
(14) Cf. In Toshijoshi (Supplement), o.c., pp. 289-296, especially here p. 290.
_________________________

 

5.

Conclusions

     1. In the material on titles, we can distinguish two periods in Japan, one since 1889 till 1946, that is, the operation of the Meiji Constitution and the other is the current period since 1946.

     Curiously, in Byzantium there were two periods as well but the date May 29, 1453 is final for the Roman Byzantine Empire and commencing with that date something interesting occurs: similar to Art. 14,  Sec. 3 of the Constitution of 1946 - in reality - it leaves open the question as we have seen. In like manner something similar(15) happens with Byzantium, in as much as the doctrine, jurisprudence and practice sustain a juridical continuity by means of the House of the ex Emperors Lascaris Comnenos(16) in the era following the fall of Constantinople.
_________________________
(15)  Cf. "The ‘Grand Idea’ and the Lascaris," by Juan Arcadio Lascaris Comnenos, ed. International Philo Byzantine Academy and University, Miami, 1997, whereby the author makes a public declaration of historical consequence by writing: " I feel proud to pertain to a family that during so many centuries gave an example to the entire world.  A Dynasty which with its first emperor, Theodore  I  Lascaris, created the Grand Idea and who in every moment when the hope arose to bring it forth, he stood before his brothers ready to defend it to the death; as likewise it actually occurs with Theodore IX, chief of the House of Lascaris Comnenus," p. 20.

(16)  Cf. my work "La Orden Constantiniana, sujeto de derecho internacional," ed. I.PH.B.A.U., Madrid, 1966, three editions, the third being an English translation, "The Constantinian Order, subject of International Law," of Abp. Mark A.C. Karras, 1996, reprinted in the "New Byzantine," Bulletin of the Order of Saint Eugene of Trebizond by Dr. Russell R. Fritz, Exarch for North  America; and also present on the Internet at http://www.new-byzantium.org/. Cf. ample bibliography cited in the work. Cf. Union of Byzantine Aristocracy.
 _________________________

     2. There exists similarity between the theory that the Emperor of Byzantium in his Empire is a sort of deputy of God, on the one hand; and on the other hand, the myth of the descent of the Tenno from divinity. Both positions have disappeared. The former by the fall of Byzantium to the Mohammedan Turks in 1453; and the latter by the defeat of Japan by means of the atomic bomb in the Second World War and the imposition of the new Constitution by the United States in 1946.

     3. A great similarity can also be discovered concerning the creation and structure of status and the jurisdiction both for the Emperor of Byzantium and for the Tenno in Japan, inclusive of nobility.

     4. Byzantium granted titles to foreigners (Princes of Armenia and Caucasus, of Bulgaria, the Doge of Venice, etc.) while the Meiji Constitution included among the citizens foreigners such as the Koreans (similarly for the aristocracy and for the common citizens), the natives of Sachalin, etc.(17)

     5. There also exists a coincidence between the Byzantine and Japanese system with regard to the title "Majesty" of the Emperor both of Byzantium and of Japan. This, in addition to one or another similarity for members of the Imperial House, especially for the members of the feminine gender in both jurisdictions.
_________________________
(17)  Cf. Toshijoshi, o.c., p.68.
_________________________

Go to Contents Plus  ~  Table of Contents  ~  Alphabetical Index  ~  Home

Expansion of Western Civilization: from Constantine the Great to Constantinople and Byzantium and onward to America

NEW BYZANTIUM is The AMERICAS
 We are sincerely pleased you have come to visit our Site and we extend to you our warmest greeting in the highest tradition of BYZANTIUM.  Our Principal goal is to impart to you heretofore intentionally little known facts about BYZANTIUM as the foundation of Western Civilization.  We will avoid knowingly withholding the truth as an aim to social disorientation.  Practice of historical deception must cease.  We hope that you will enjoy our contribution to the fullest.  Welcome.
Constantine the Great began his eventful climb in York, England and reached the apex of his achievement in Constantinople, the City that he founded and named after himself (Constantine+Polis [city]=Constantinople).  By means of these pages, our readers travel through time, touching upon the early periods, including that of Constantine, of historical Constantinople, and of Hagia Sophia—the nexus of the Christian world—to arrive at places and events of our present day.  Our readers reach the outermost limit to which both Eastern and Western Christian groups expanded, bringing forth the flower of Western Civilization.  That limit is the Western Hemisphere as a whole, and in particular the coast of California near San Francisco and the Golden Gate Bridge where the two groups converged  as they approached from the North and from the South.