北野天満宮所蔵「紅梅殿社記録」にみる訴訟と公武交渉
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概要
- 論文の詳細を見る
The Kobaidono (located in present day Shimogyo-Ku, Kyoto) is thought to have originally been the residence of Sugawara-no-Michizane, but fell into disrepair after Sugawara's banishment from the capital. It was then apparently transformed into a shrine with Sugawara's deification and the rise of the Tenjin belief. However, as of the mid-Kamakura era the shrine had all but disappeared from the site. Within this set of circumstances, the people living on this 1 square block (yonmen itcho = 1 cho on all four sides) of land claimed various proprietary rights and steadily increased their hold over it. Then in 1306 a lawsuit arose between these local residents and the Kitano Shrine over the question of charging rents (jishi 地子) on the site. The Kitano Shrine argued that since it was the Kobaidono's parent shrine is held overriding proprietorship over the whole, 1 square block area and therefore had to right to receive rent from the local residents. The local people rejoined that the Kobaidono Shrine itself covered a strip of land occupying only about 1/10 of the total area (7 jo by 20 jo; 40 jo = 1 cho on a side). The litigation documents that were compiled in the journal known as Kobaidonosha Kiroku show that the lawsuit lasted until 1311. The documents contained in this record were prepared based on the judicial system practiced by the civil authorities (kuge 公家), and thereby give us an excellent and clear example of this very difficult to understand litigation process in actual practice. Since the litigation also included an incident involving a deadly sword attack in the 8th month of 1310, this original land dispute spilled over into the court of the capital military authority at Rokuhara, which was authorized to pass judgement on matters concerning public safety. For this reason, the Kobaidonosha Kiroku also allows us to view in practice the negotiations carried on throuhgh a functionary known as the kanto moshitsugi 関東申次 between the civil and military authorities with regard to settling this matter. One more interesting point is that after the local residents lost their long court battle in 1310, they took measures to appeal the case (osso 越訴) before the fudono 文殿, the civil authority's secretariat, in a process called teichu 庭中. Here we can observe the teichu process as a direct appeal to the secretariat, "going over the heads" of the usual litigation channels.
- 1990-10-20