著者

山家 浩樹

出版者

公益財団法人史学会

雑誌

史學雜誌 (ISSN:00182478)

巻号頁・発行日

vol.94, no.12, pp.1855-1881, 1993-1994, 1985-12-20

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The most important mechanism for litigation concerning feudal proprietorship during the Kamakura Shogunate was the Hikitsuke (引付), or the court reaching a decision by mutual consent. However, during the Muromachi Shogunate we can see that fief related lawsuits were fundamentally decided at the discretion of the Shoguns themselves. This change in the way of rendering judgement is very important. In this essay the present writer investigates how the Muromachi Shoguns came to render judgement based on their authority and how the court presided over by them came to be established. First, the writer studies Naidangata (内談方), which is known as a court similar to Hikitsuke except for the presence of Ashikaga Tadayoshi (足利直義). The writer then indicates that the second Shognn Yoshiakira (義詮) started a new court called Gozenzata (御前沙汰)... that is, "a trial before Yoshiakira"... which dealt with the same kind of lawsuits as Hikitsuke and gradually surpassed it in authority. Thus, Hikitsuke gradually lost real power and virtually came to an end with the continuing reinforcement of Gozenzata's authority. However, Gozenzata could be overruled under the influence of another court held by the Shogun, namely OnShogata (恩賞方), which dealt with claims for fiefs granted as service rewards and which had existed since the biginning of the Muromachi Shogunate. Since Gozenzata was reduced to be composed of similar members to Onshogata, the secretary to the Shogun (Shitsuji 執事) came to be present at Gozenzata. In Onshogata this secretary controlled the only department, Tokorozukegata (所付方), Which assisted the Shogun on practical affairs. However, because Gozenzatd lacked such a department as Tokorozukegata, the secretary would often find himself at odds with the Shogun. Finally this secretary retired from Gozenzata to reopen and personally direct Hikitsuke. He was soon to retire from Onshogata as well. In this way Gozenzata turned into a court which was composed of Shogun and functionaries (bugyonin 奉行人) and which was fully established during the reign of the third Shogun Yoshimitsu (義満). During this period, too, the court presided over by the shitsuji was formed on the basis of the reopened Hikitsuke. And a similar relation-ship between Onshogata and Tokorozukegata was carried on between these two courts, which enabled them to exist side by side over a long period of time.