THE HISTORIOGRAPHICAL INSTITUTE THE UNIVERSITY OF TOKYO



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#55
                 55. TAKEMITSU MOROKANE'S¹ DEVISE, 1312
                     (Takemitsu docs.; Shuin docs., roll 4; KK, XI, and SK, VIII.)
"To devise
       Shiki, and holdings of ta and hata inherited from ancestors.
       "Iya-saburo Tsunekane's share:
"The so-ryo shiki² of the original Man-toku,³*inclusive of the revenue (sho mu) of the
ben-zai shi.^*P188
"The ben-zai shi shiki of Kyuno [?], kami mura.
"The in-su shiki and ta and hata of Sei-sui zhi.
"The zai-cho shiki,⁴ the sho-sei shiki⁵ of Ushi-kubo⁶ in; the sho-sei shiki of Nango.⁷"Nan-bu mura and Yake-hara mura, in To-no-hara, Iriki in.
   "The two mura Nan-bu and Yake-hara should later be devised to Saburo-Taro.⁸"The so-ryo shiki ² of Yoshi-eda myo.⁹"3 cho of ta and 1 tract of do-sono¹⁰ at Masaoka, in Miyasato go, ^*with a letter of command.^11*"The ji-to shiki of Nanakuma go, Chikuzen kuni, the domain [granted] for dis-
   tinguished service.¹²           "Saburo-Zhiro morofuji's share:―
"In Man-toku³ myo:―
         Mata-goro's dwelling sono,¹³ 1 tract; Gen-to-zhiro sono, 1 tract;
         Gen-to-taro sono, 1 tract; the num Yamoto go-zen's original sono, 1 tract;
         To-zhiro Yasumoto sono, 1 tract.
             "These five places alone inclusive of the ben-zai shi's revenue(sho mu).
         "Midzu-ta: Utsugi-nami, 8 tan; Mizogoe, 4 tan,^* inclusive likewise of the ben-zai
             shi's revenue.^*  "In Yoshi-eda myo: ⁹―
         Nishi-machi, 1 cho; Ko-roppon, tsubo¹⁴ of 3 tan 1 jo;
       Hosada, 5 tan, ^*mentioned below;^*       ta and sono pledged to Shiro nyu-do, 1 tract;
       the zai-cho grant, 1 cho, ,^*of the original 5 cho;^*       Shin-goro sono, 1 tract;
       the in-su shiki of Nishiwo dera, inclusive of ta and sono..
"Fujita, 1 cho, in Nanakuma go, Chikuzen kuni, the domain [granted] for distin-
   guished service;¹² hata, 1 place, at Nagabuchi, of the same place.
"6 ryo of silk, of the 15[ryo] of the silk 'accepted'¹⁵ on the great hunting preserve at
   To-no-hara, Iriki in.
           "Tomo-San Kaneharu's share:―
"In Man-toku³myo:―Ishi-bashiri, 5 tan; Sai-bu, 2 tan; Harada-sumi, tsubo of 1 tan
   3 jo; ^*these tsubo¹⁴ alone inclusive of the ben-zai shi's revenue;^* the hakko¹⁶ta, 3
   tan; Gun-bara, 1 tract, ^*inclusive of Mae-bara; this part only inclusive of the ben-
   zai shi's revenue.^*"In Yoshi-eda myo:⁹―Hitsu-manru, 6 tan; Hosada, 5 tan, ^*mentioned above;^* Maki-
   zaki, at present the joiner's cultivation,¹⁷ sono 1 tract.
"5 ryo of silk, of the 15 [ryo] of the silk 'accepted'¹⁵ on the great hunting preserve at
   To-no-hara, Iriki in.
"The zai-cho grant, 5 tan, ^*of the original 5 cho.^*"Hakama-da, 5 tan, in Nanakuma go, Chikuzen kuni, the domain [granted] for dis-
   tinguished service.¹²             "Since this ta was omitted through neglect in the letter of devise¹⁸ of the 6th month 17th
             day, it is again devised herewith.
                                                                                                                     [Ho-Nin's] monogram.
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           "Mata-Saburo kanemasa's share:―
"In Man-toku³ myo:―
   Iya-zhiro  , 1 tract; at present his dwelling sono;¹³ ^*this lot inclusive of  
   the ben-zai shi's revenue;^* also Take-naka sono, 1 tract; Mae-ko sono, 1 tract;
   ^*though this is Ko-taro's sono, when it is sold to [by?] the original possessor,¹⁹ other
   people's desires for this should be stopped, and [Mata-Saburo] should buy and
   possess it. Any child or descendant who violates this arrangement would be con-
   sidered unfilial.^20*   "Aza Midzu-ta, tsubo¹⁴ of 2 tan; Fuka-machi, tsubo¹⁴ of 3 jo, ^*likewise inclusive of
   the ben-zai shi's revenue.^*"In Miyasato go:―Shinawo ta, tsubo¹⁴ of 6 tan; . . .²¹-bukuro, tsubo of 3 tan; Ono-
   moto. tsubo of 3 tan; Hei-to-zhi ta, tsubo of 2 tan 3 jo, ^*stopping the ji-to's entire
   revenue, for which there is a document;^22* the original small ta, in Masa-tomi, 5 tan,
   ^*of which 2 tan plucked by the ji-to exclude; 1 tan of [the   remaining] 3 tan,
   stopping the ji-to's revenue, for which there is a document.^22*       "In Tsuruwo-Maru myo:―Ichi no bo sono, 1 place, ^*likewise stopping the ji-to's
   revenue, for which there is a document.^22*"In Waka-yoshi, Go-dai in:―Yanagi-ta, 8 tan; Ko-higuchi, 2 tan, ^*originally called 3
   tan;^* the wild plain, the domain of the Niita temple, 1 tract. ^*East is bounded by
   ta 'cultivated'¹⁷ by Masaoka; west, by a ditch of Omata ta; north, by Kekari ta;
   south, by the boundary of Man-toku.^*"In Yoshi-eda myo:⁹―Matsumoto, 4 tan; Hashi-guchi, 8 tan; Naga-sono, 1 tract.
"Hashi-dzume, Chikuzen kuni, 42/3 tan 60 bu, the domain [granted] for distinguished
   service.¹²"The zai-cho grant, 5 tan, ^*of the original 5 cho.^*"4 ryo of silk, of the 15 [ryo] of the silk 'accepted'¹⁵ on the great hunting preserve in
   To-no-hara, Iriki in.
           "The daughter Oto-tsuru go-zen's share:―
"In Man-toku³ myo:―Enoki-machi sono, 1 tract, ^*inclusive of the ben-zai shi's reve-
   nue.^*"The so-ryo shiki² of Waka-yoshi myo, Go-dai in.
       "However, Yanagi-ta 8 tan, and Ko-higuchi, 2 tan, originally called 3 tan, are devised to
       Mata-Saburo. The remainder should be held [by Oto-tsuru]. Details of the tsubo¹⁴ are seen in
       the original documents.²³           "To Saburo-Taro Kanenaga:―
"In Man-toku³ myo: the present dwelling sono, ^*inclusive of the ben-zai shi's revenue.^*       "Midzu-ta: Taketsu-machi, 1 cho ^*to hold only after Ho-Nin's death.^*"Maki-zaki: Kawabuchi sono, on the border of Fune-taro sono, 1 tract.
"In To-no-hara, Iriki in: Nan-bu mura, Yake-hara mura.
   "These two mura to be held after Tsunekane's death.
           "The widow's share:―
"In Man-toku³myo: the present dwelling sono, 1 place―tsubo of Nakatsu-mure.
"In Yoshi-eda myo: Kata-biraki, 4 tan; the ta and sono sold on condition of re-
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   purchase,²⁴ and the ta and hata sold, ^*but exclusive of the mortgaged land at Yoshi-
   eda.^*"Household goods and dependent servitors.²⁵"However, as for the ta and sono devised Sho-an 3rd year 3rd month 22nd day [1 May 1301], they
   should be given over to the heir-general after life.
           "Tsuru-ishi's²⁶ share:―
"In Man-toku³ myo:―Nakatsu-mure tsubo,¹⁴ ^*inclusive of the ben-zai shi's revenue.^*           "To Toyo go-zen²⁶ and Aguri go-zen:²⁶―
"Hei-shiro sono, 1 place. ^*To be returned to the heir-general after life.^*"The before-mentioned ta and sono should be held according to the several letters²⁷ of
devise. Recorded thus.
   "O-cho 2 y. 6 m. 17 d. [3 July 1131].                   Ho-Nin,²⁸ (monogram)."




   ^*       ^* The parts between asterisks here represent the words written in small characters in the
original text.
   ¹Cf. Nos. 2, 4, 5, 7, 9, 12, 45, 47, and 54.
   ²So-ryo, heir-general; see No. 28, n. 2. It should be particularly noted that the so-ryo had
already become a shiki, that is, had become identified with an income, which might be held even by
a daughter. A next step in the evolution of the use of the term would be to identify it with the piece
of land which had customarily yielded the income of the shiki (cf. No. 64, n. 1).
   ³Man-toku. We find, in the cadastral report of 1197 (see No. 9, and n. 17), three places called
Man-toku, in Taki kori. Of these, the "original" Man-toku, 15 cho, had Tomo Morotaka as its myo-
shu. He was grandfather of the devisor of this document.
   There are several places in various parts of the kuni of Osumi also which were called Man-toku.
All lands of that name, both in Satsuma and in Osumi, seem to have belonged to the Shinto temple
Sho Hachiman, of Osumi. The editor was unable to ascertain at that historic institution the origin
of the name Man-toku.
   ⁴zai-cho shiki; see No. 8. n. 65.         ⁵Sho-sei shiki; see No. 51, n. 3.
   ⁶Ushikuso in lay far the northeast in Satsuma, along the river Hatsuki, a tributary of the
Sendai.
   ⁷Nan-go, of Hioki, to the west of Kagoshima.
   ⁸This is Kanenaga appearing later in the document.
   ⁹Yoshi-eda myo comprised, in 1197, 19 cho in Taki kori and 7 cho in Togo, both yose-gori of
Shimadzu sho; their myo-shu was also Morotaka. See No. 9.
   ¹⁰Do-sono, upland field near or dedicated to a little Buddhist chapel(do).
   ¹¹This is the letter from the sho-gun's commissioner-general for Kyu-shu recognizing a compro-
mise which had been reached between Takemitsu Tsunekane and Miyasato Masa-ari regarding land
in Masa-oka myo, Miyasato go, dated 28 December 1308. This document has not been translated, as
it does not bear directly on Iriki.
   ¹²During the Mongol war; No.45.
   ¹³I-sono, meaning the homestead with sono on which the holder dwelt.
   ¹⁴tsubo or hei, in the Pre-feudal system of land measurement, was a square area equivalent to
one cho. Hei in a group were numbered in blocks of 36, and it was customary to refer to any piece
of land in the block by the number assigned to the hei in which the land was situated. The use of
the word in this document is irregular, and seems to be practically the same as "tract," its size
varying considerably.
   ¹⁵Uke, "accepted",; see No. 22, n. 1.
   ¹⁶Hakko or hako, an abbreviation for Hokke hakko ye. One of the annual events with Buddhists
of the Tendai sect was to hold eight formal readings, in four days, of the scripture Saddharma-
pundarika(Hokke kyo); these sessions formed the hakko ye, the ritual of eight lectures. As Bud-
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dhism and Shinto were largely interwoven with each other throughout the feudal ages, this im-
portant Buddhist rite was performed at the Shinto temples Niita, Sho Hachiman, and others, and
lands were set apart in order to devote their proceeds to the expenditures of the ceremony.
   ¹⁷Saku; this may either be actual cultivation or the mere possession of the "cultivator"(saku-nin
or simply saku) shiki. The latter was a right to a fixed income from a piece of land, the tilling and
use of which might be in the hands of some one else. See the editor's papers, in the Annual Report of
the American Historical Association for 1916,I, 321-322, 336-338, and in the Transactions of the
Asiatic Society of Japan, 1918,XLVI, part 1, pp. 88-96.
   ¹⁸The individual letter of devise for Kaneharu, now lost, is meant.
   ¹⁹Hon-shu.
   ²⁰Fu-kyo; that is, would be disowned as child; see No. 26.
   ²¹One character wrong and unintelligible.
   ²²That is, an official document that may be adduced to support the claim.
   ²³See No. 42, n.3.
   ²⁴Hon-sen gaeshi, "returning of the original money," a sale in which it was agreed that the
vendor of land would repurchase it under certain terms. In effect, it was a mortgage, but the buyer
had both title and possession before the repurchase. Similar to the German Verkauf auf Wiederkauf
and the French vente a remere. (See Professor Nakada Kaoru, in Kokka gakkwai zasshi, XX, 1, 49.)
The following example of this species of sale dated 1325 is taken from KK, VIII:―
"To sell an estate in hon-motsu gaeshi:
       One house, of Zhiro of Taema, situated at Taema, Taki kori, Satsuma kuni.
"The aforesaid house is a possession of the nun Gyo-Butsu, but, since there is need [of money], it
is hereby entered as hon-motsu gaeshi at the price twenty-two kwan. So long as the original price
(hon-motsu literally, 'original thing') is not returned(kaesu), there shall be no molestation of the
possession [of the property taken over by the purchaser]. It will, however, be [subject to] re-
purchase(uke) during twenty years. If there should arise any trouble regarding this homestead, it
would be recalled(sa-da shi kaesu) [by the seller] for [a sum] twice as large as the original [price,
namely], forty-four kwan. Since this [agreement has been made], there should not, by special
arrangement, be the slightest interference, even if an order of toku-sei should be promulgated.
Therefore, stated thus."
   Toku-sei (literally, "virtuous administration") referred to in this document meant, at that time,
not the arbitrary cancellation by official order of debts and mortgages contracted by the warriors,
with which acts the term was later identified, but the more equitable judicial measures which had
been temporarily adopted by the sho-gun's government at Kamakura with a view to protecting the
landholdings of his immediate vassals. In order to prevent the loss of these holdings through sales
and mortgages, their recovery was generally made easy and the expiration of their terms was
arrested. These measures so grievously disturbed credit, that, quickly as they were revoked, docu-
ments of sale and mortgage continued to retain a specific clause, as in the example just given, that a
toku-sei would not affect-the results of the transaction. See professor Miura Hiroyuki's Ho-sei shi
no ken-kyu, 767-842.
   ²⁵Sho-zhu ge-nin.                     ²⁶Perhaps granddaughters.
   ²⁷Of the individual letters of devise referred to, the one relative to Tsunekane, the heir-general,
alone has been preserved. It is dated and signed the same as this general devise, and enumerates the
identical shiki that are mentioned here as the share of Tsunekane, but adds the following statement
at the end:―
   "The aforementioned shiki and ta and sono are devised for all time. As for the various obligations
(ku-zhi) of the ta and sono devised to the other children and grandchildren, and of the granted
(kyu) ta, those should be apportioned [among the devisees and grantees] according to their defined
shares. Beyond that, [Tsunekane] should not infringe [their rights] in a single matter. This is the
letter of devise,"
   ²⁸The Buddhist name of Takemitsu Morokane.




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