#79
79.COMPROMISE CONCERNING THE NAKAMURA ESTATE, 1335

          (Okamoto docs.; also KK, VII, SK, XII, and Dai Ni-hon shi-ryo, VI, i, 609.)
BY referring to the genealogy in No. 46, it will be found that the lady Tora-san and her late
father were of the Shimomura branch of the Shibuya family, while the estate in dispute had been
of the Nakamura branch (see Nos. 48 and 77A). It is not clear on what ground she now succeeded
in her claim for the domains. Nor can we tell the genealogical position of her oppenent Onimasu-
Maru and his father Shigemi, but it may be presumed that they and Shigetoki were of the Nakamura
family. Whatever the explanation, Onimasu-Maru had taken the estate in his possession and in-
voked sanction of the imperial prince Dai-to no miya, the temporary sho-gun, and of the councillor
Yoshida Sadafusa. Onimasu-Maru, however, now surrendered the  usarped domains, apparently
without condition.

"COMPROMISE:
     "Regarding the domains in the estate left by Shibuya Hei-roku Shigeuji, now
   deceased, [which are] in dispute between his daughters and Onimasu-Maru, the
   younger brother of Hiko-zhiro Shigetoki now deceased, the son of the same
   [Shibuya] Shigemi; namely: the KITAO homestead, ta, hata, and wooded land, at Upper
   Fukaya, in Yoshidasho, Sagami kuni; ta, hata, mountain and wild land, at
   Kame-ishi and Hanishi-dani,1 in Kawae sho, Mimasaka kuni; eight parts in Ono
   new sho, Awa kuni; and ta, hata, houses, mountain, and wild land, in Lower
   Soeda mura, in Iriki in, Satsuma kuni.
"As regards the above-mentioned places, since they are the estate  left by Shigeuji de-
ceased, Onimasu-Maru [has held them, by virtue of] a command which he possesses
of Dai-to no miya and a letter by Yoshida the first rank; [but], finally, by the prin-
ciple of compromise, [Onimasu-Maru] has, for all time, unto his children's children,
abandoned his desire of said places and his interference [under the pretext of ?] the
official sanction, and has given up [the domains] to the ladies. Moreover, as testimony
for the future, members of the family affix their signatures and monograms. Accord-
ingly, the order [of the Imperial Prince], the letter [of Lord Yoshida], and the other
original documents, that Onimasu-Maru, son of Shigemi, possesses, are without a
single exception delivered to the ladies. If, in future days, [any one] should, claiming
descent from Shigemi's sons, interfere [with said places], the entire family shall as a
common concern invoke the judgment of the government for the punishment of the
guilt. Therefore, as a mirror for future generations, the letter of compromise is [drawn]
thus.
  "Ken-mu 1 y. 12 m. 19 d. [14 Jan.1335]. The proxy for Onimasu-Maru,
                                               Fujiwara no Ietsuna, (monogram).
                                          Sha-mi Jo-Ju,2 (monogram).
                                          Taira no Shigebumi,3 (monogram).
                                          Taira no Shigechika,4 (monogram).
                                          Taira no Shigemi,5 (monogram).
                                          Taira no Shigefusa,6 (monogram).
                                          Sha-mi Jo-Yen,7 (monogram)."




   1In Zhitcho South mura.                                2Sukeshige, Jo-Yen's younger brother.
   3Okamoto Shigebumi.                                           4Togo Shigechika.
   5Nakamura (?) shigemi.                                        6Unknown.
   7Jo-Yen was the  founth lord of the Iriki-in, and hence the chief of the entire Shibuya tribe at Iriki.




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