#63
  63. TERAO SHIGENA VS. SHIGEHIRO: SHIGENA'S REPLY, c. 1325
                       (Terao docs.; also KK, VIII.)
THIS is evidently Shigena's answer to the charge made by his elder brother Shigehiro, father of
Betto-zhiro-Maru. See the genealogy prefixed to No. 61. This document lacks the heading and the
last two characters, both which may readily be supplied, and date, which we suppose to be
in the same year as the next document, namely, 1325.
   "* * *
   "As regards the above, Koreshige, in last Gen-ko<              >,1 but Mago-zhiro
Shigeshiro, without bearing a single document, under the title 'eldest son'2 forcibly
seized several holdings left [by Koreshige]; and, in order to conceal his own guilt,
established his son Betto-zhiro-Maru, and ostentatiously upholding Koreƒshige's
                       letters>,1 wilfully accused Shigena, [whose] original name was
<                            >, of <                        >1 To-no-hara, which he,
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as his share in accordance with <                      >3 command, was holding.
Therefore, charges and refutations were matched at the Chin-zei,4 and, on the basis of
the [Commissioner's] report, a decision was granted [by the sho-gun's government],
ruling that [that place] should, as being intestate, be [equally] divided. [Shigena's]
desires were thereby gratified. And yet, according to Shigehiro's [new] statement,
since it is evident in 1 ters that Betto-zhiro-Maru is the 'eldest 
son,'2 there could be no dispute; and as for Shigehiro, he should, as he is the eldest son2
by birth, receive as his natural share a treatment befitting the 'heir,'2 etc. This is an un-
reasonable statement. The letter alleged to have been received [from Koreshige] by
Betto-zhiro [merely] states that, although Shigehiro had previously given birth to
several sons and daughters by a concubine, Betto-zhiro-Maru was offspring of the
daughter of Kawachi Taro of the same5 Shibuya stock, and therefore issue of [Shige-
hiro's] legal wife. [This letter] then settled only [the question concerning] Shigehiro's
own holding. Since it has already been decreed that Koreshige's estate was intestate,
this letter is now of minor consequence. If, however, the authorities should, by con-
sedering this letter as expressive of the entention of the original holder,6 establish Betto-
zhiro as the 'eldest son,'2 Shigehiro should not aspire to [the position of] the 'eldest
son';2 or if Shigehiro should be establishied as the 'eldest son' for his birth as such, then
Betto-zhiro-Maru should be totally excluded from the number of the inheritable rela-
tives.7 When the original holder dies intestate, how could his son and grandson together
hope to be the 'heirs'?2 Of course, either the father or the son8 should at both places9 be
excluded from the list of inheritable relatives.7 Not only is Shigena a second son [of
Koreshige] by the right of birth, but also, says Koreshige's autographic letter written
in kana10 (dated without year, but intercalary third month thirteenth day):11' From
whatever cause I may die, I shall assign to you no less a lot than to Mago-zhiro,'12
etc. Since the autographic statement is clear that [Shigena's] share should not be in-
ferior to the eldest son Mago-zhiro's,12 the official decision could hardly be otherwise.
But while Shigena holds his late father's affectionate letter, Shigehiro does not bear a
single letter, but advances fanciful claims which are as contrary to his father['s inten-
tions] as is water to fire. Whereas [Shigena] should be given a second son's share with-
out hesitation, Shigehiro obstructs it and avers that since Shigena is an 1
son of his aunt, the nun Zhitcho, he is not one of the inheritable relatives7 entitled to
the real father's estate. This is a statement of especial malibnity. The nun Zhitcho was
Koreshige's elder sister. As she was old, he wholly supported her; and, when he went to
his domain in Ise, he left Shigena with the nun Zhitcho, in Satsuma, leaving also his
younger brother Shigemi (in boyhood known as Myo-nin bo) beside Shigena. The letter
referred to, therefore, says: 'To any one who disobeys Zhitcho dono's command about
any single thing, not even a house will be apportioned,' etc. Though merely sister and
brother,13 since Koreshige was respectful of his eldest sister, and since she was an aged
woman, he simply left Shigena to care for her. If Koreshige had thought Shigena was
an adopted son of another, he would have addressed his letter to Zhitcho Iya-shiro;14
but since he never thought so, the letter was addressed to Terao Iya-shiro,14 etc. Terao
is Koreshige's second [family] name.15 By actually contravening an autographic letter
of his late father and falsely calling [Shigena] an adopted son of another, is not Shige-
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hiro grievously disobeying his father's behest? Moreover, if one may be called an
adopted child of another with whom he has merely lived for a time, [then Shigehiro
will fall into the following dilemma]. When Betto-zhiro-Maru lived in Taki kori, Sat-
suma kuni, in dependence upon his mother's father, and when Betto-zhiro resided in
the same house with Shigena's younger sister, the nun Myo-Gon bo, a letter written
[her] by Koreshige said: 'I long for Betto go-zen. Pray tell the great mistress16 that I
feel special affection for him,'etc. Shigehiro upholds this and other letters17 and [on
their strength] desires to be considered the 'eldest son,'2 and so has already admitted of
his own accord that it is not the place of sojourn but the will of the original holder that
should be followed. Then, there is no reason why the letter obtained by Shigena should
be disregarded. After it having already been decreed that [To-no-hara] as intestate
should be divided, [for Shigehiro] to uphold his letters and to aver that he could not be
overruled, is contrary to reason. If the matter seems dubious, the nun Zhitcho, who is
alive, might be inquired of, and it would be revealed that [Shigena] was not her
adopted son. Both as birthright and according to the original holder's6 autographic
letter, [Shigena's claim] is clearly [established]. Shigena's share should not be less
than Shigehiro's share. Therefore, it is petitioned that the assignment be immediately
ordered. With rever<-ence>."


1Worm-eaten parts. 2Since custom accorded to the eldest son a major part of inheritance by devise, there was a tendency, as seen in this document, to regard the terms "eldest son" and "heir" as almost inter- changeable. "Eldest son," as here used, did not, therefore, mean the oldest male child. The Japanese terms are: chaku-shi for eldest son; ka-doku for heir; so-ryo for heir-general. The last two terms (literally meaning, respectively,"command of the house" and "general posses- sion") were virtually synonymous. so-ryo, "general possesion," as has been shown, did not mean a complete inheritance by the eldest son of the entire edtate of his father, but in reality its major share, accompanied by a power of general supervision over the junior members of the family. This term, however, is not employed in the present document. 3Two characters unintelligible because shorn of their context. 4The Chin-zei means Kyu-shu, but here refers to Hakata, the seat of the government of the sho-gun's commissioner. 5Both the Terao and the Taki families were branches of the Shibuya. 6That is, Koreshige. 7Toku-bun shin, inheritable relatives, a legal phrase. Contents of the customary law regarding the relatives entitled to receieve shares of an intestate estate, may be gathered from this document. Here, we observe that grandchildren whose fathers were living, even the eldest child of the eldest son, were excluded. It will be seen below, also, that sons adopted in other families were likewise inteligible. 8That is, the son and the grandson, Shigehiro and Betto. 9The meaning of "both places" is obscure. 10The phonetic syllabary used by Japanese in writing. In the Middle Ages, the most formal documents were written wholly in ideographs, but less formal ones, specially when they were written by women or addressed to young or unlettered persons, were often written in a mixed use of ideographs and kana, sometimes entirely in kana. 11The intercalary month occurred in the 3rd year of Sho-wa, making the date 28 April 1314. 12Namely, Shigehiro. 13That is, without any particular relation exisiting between them besides the fact. 14Iya-shiro is Shigena. 15Families could at will adopt as their names those of the localities where they resided or held domains. A branch of the Taira which held Shibuya, Sagami, called itself Shibuya; one of its divi- P213 sions was, at least from the 15th century, designated Iriki-in, deriving the name from the locality in Satsuma where it was established; this branch in turn had ramified into several families, one of which adopted the name of its domain in Sagami, that is, Terao. Members of the Terao could call themselves indifferently Taira, Shibuya, or Terao. Their various offshoots setlting in different places would likewise assume the local appellations, and so spread on. (Further see No. 136, n. 3 and the preface to the Iriki-in genealogy.) 16Probably the wife of the lord of Taki. 17The letters might be cited in support of the claim of Betto as the "eldest son." Shigena writes as though Shigehiro, the father, used the letters for his own advancement, but in reality the latter's claim was bound up with that of his son, which two might therefore be treated as of one piece.