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#41 41.JUDGMENT OF THE SHO-GUN'S COURT ON MYO-REN VS. YO-ICHI, 1280 (A copy in Terao docs.; also KK, VIII.) "IN regard to Zhitcho North mura, in Kawae go, of Mimasaka kuni, and to To-no- hara, in Iriki in, of Satsuma kuni, in dispute(so-ron) between the nun Myo-Ren, widow of Shibuya Goro-shiro Shigetsune ho-shi, Buddhist name Jo-Butsu, his son Iya-shiro Shigemichi, and [the latter's] daughter Take-tsuru, [on the one side], and Yo-ichi Tameshige, original name Shigekazu, [on the other side]. "Although the points raised in the accusations and refutations [in the aforesaid case] are many, [the facts] in brief are [as follow]. Jo-Butsu's domains were devised to Shigemichi and the others in the 3d year of Ken-chi [1277]. As for Tameshige, that he was repudiated is evident in Jo-Butsu's autographic letters. Yet [for Tameshige] to have invaded Zhicho North mura and To-no-hara and committed outrages, was exceedingly unreasonable. Now, although Tameshige claims that, whereas he held both the homestead at Shibuya and the other domains in accordance with Jo-Butsu's autographic letter of devise, Myo-Ren and the others seized the Shibuya homestead while Tameshige was away in his domain in Mimasaka, Shigemichi and others replied that the said devise was a letter written before the repudiation, and that they dealt with [the domains] in accordance with the subsequent letters1 and [the sho-gun's] orders; and Tameshige had no word of refutation. "Also the extreme want of reason on Tameshige's part is apparent in the fact that, whereas, if he possessed a letter of devise, he should [first] accuse Shigemichi and the others, he referred to it in his letter of refutation [only so late as] when they accused him; and then, though he came up [to Kamakura] after receiving frequent summonses, he did not undergo questions and answers, but fled to Mutsu.1a "Next, although Tameshige says that it was wicked duplicity on the part of Shige- michi and the others to have caused the summons of Ko-an 1st year 5th month 19th day to be givin [to Tameshige], and, on the 6th month 3d day of the same year, to have secured on a false pretense the order of investiture; when Shigemichi and the others reply that [the investiture] was applied for through the commissioner Ise nyu-do Gyo-Gwan during Jo-Butsu's lifetime, and was granted after official examina- tion, Tameshige does not refute it. "Then Shigemichi and the others shall, according to Jo-Butsu's letters of devise and the orders of investiture, hold(ryo-sho) the aforesaid domains(sho-ryo). "Next, although Shigemichi and the others say that Tameshige should be punished for not having obeyed the summons when he was urged from Rokuhara [to appear], but having on the contrary destroyed the order, and beaten and wounded a messenger and broken his right and left fingers, Tameshige has disputed the matter, and no report has been received from Rokuhara; and, therefore, the matter will not be adjudged (sa-da) for the present. "Next: Tameshige petitions that Kageyasu, the proxy of Myo-Ren and the others, be punished for his abusive calumny, since he stated in his letter of accusation that, while night-attacks, robbery, dacoity, and piracy, were regular offenses for which P168 penalties had been defined, Tameshige's acts were unparalleled wickednesses. But since Tameshige invaded domains of Shigemichi and the others and wantonly obstructed [their enjoyment of them], the words referred to cannot be dealt with as calumny, and therefore will not be taken cognizance of (sa-da). "In pursuance of the command of the Lord of Kamakura, it is decreed thus. "Ko-an 2 y. 12 m. 22 d.[24 January 1280]. Sagami-no-kami Taira no Ason,2 monogram."
1See the 26th article cited in n. 6 to No. 40. 1aO-shu (the extreme nothern kuni Mutsu) may be a miscopy of Sasshu, i. e., Satsuma. 2Hojo Tokimune, the regent. The successive Hojo regents(shikken) were ex officio chiefs of the executive(man-dokoro) and military(samurai dokoro) offices of the (sho-gun's government at Kama- kura. In fact, the sho-gun was the nominal head, and the shikken the real ruler of feudal Japan.