一五・六世紀の薬師寺の寺辺郷検断
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概要
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Yakushiji Temple in Yamato Province controlled Kendan (the police and criminal justice) over the residents of its nearby domain from at least the beginning of the fifteenth century. The author's analysis makes clear that there were two classifications of Kendan : assault and larceny. The case of assault consisted of assault and murder. Jike (the collegiate body of priests) inquired into the facts in detail. Whatever the reasons, the collegiate body imposed the same punishment upon the both sides of the parties involved. If fully proved, the punishment was to set fire to their houses (after forfeiture) and to deprive them of their honourable status as a resident in the estate (Zaimei). Kunin (lesser officials of Jike) executed these punishments. There were two occasions in the case of larceny ; i)those caught redhanded might be executed by the residents on the spot, and the collegiate body would sanction the execution ex post facto ; ii)if the offender escaped, the collegiate body initiated Kendan following a complaint by the residents. Jike demanded firm evidence in this case. Sentences entailed punishment of the convict by setting fire to his house and by beheading (or, if reprieved, by banishment). The latter penalties, which were never adopted in the assault cases, were executed by the humble caste called Hinin or Shiku who were not members of Jike. The Tsutsui family, who had gained power in Yamato Province by the midsixteenth century, began to erode the Jike's jurisdiction. But it remained in the hands of Jike to punish an offender by forfeiture of his property and by setting fire on his house. The author's analysis leads to the conclusion that Jike's Kendan limited itself to non-corporal punishments, e.g. burning houses. This helped prevent assault and theft cases developing into public disorders. Jike's willingness to make inquiry in detail and to procure firm evidence also served a preventive function. However, these punishments were not effective enough to inhibit felonious larceny. Therefore in addition, Jike turned to the moral damnation of offenders (Roumei), but this also had little effect. Effective corporal punishment was needed and the residents were unable to establish self-government. It was Tsutsui family who emerged in the gap to take the initiative in organizing criminal justice and corporal punishment. The documents analysed include the Kendan minutes of Yakushiji and other Yakushiji papers.
- 財団法人史学会の論文
- 1988-01-20