[IMAGE]  [JP-#123]

#58 58. TERAO ZEN-A'S ACCUSATION, c. 1320 (Terao docs.; also KK, VIII.) THE following mutilated document, which lacks the first lines and of which the copyist failed to write the date, we presume to have been written c. 1320. It evidently is a renewed accusation by Zen-A of Koreshige. The latter had, we infer, refuted the first charges that the former, as is implied in the preceding document (No. 57), had preferred. The outcome of the litigation is unknown. The following brief genealogy will clarify the relative position of the parties:- "\ズハショウリャク\" ". . . [Koreshige's letter of refutation states] . . .1 confirmation, therefore he inter- fered, *etc. Summarized.* "As regards this article [of Koreshige's refutation], since [Zen-A] held [the shiki]2 according to his nephew Kwo-Ge's autographic letter of renunciation, he secured its confirmation [by the suzerain]. But on Koreshige's wilful interference with the confirmation, the matter has been under examination at this city.3 [For Koreshige] to aver in his letter of refutation that [Zen-A] framed up new issues, is beneath notice. When Kwo-Ge's autograph is evident, why should [Koreshige] impute [to Zen-A] the invention of new issues? *This is the third [point].* "According to the same letter, since Zen-A himself admits that he has been seizing [the shiki] since the first year of Bun-po [1317], he should receive punishment for [the act], *etc. Summarized.* "As regards this article, when [Zen-A] holds [the shiki], as has been said above in accordance with Kwo-Ge's autographic letter of renunciation, why should [Koreshige] impute seizure to [Zen-A]? [On the contrary], as Koreshige has acknowledged(sho-buku)that he was seizing, since the death of Kwo-Ge, in Sho-wa 4th year 7th month [August, 1315], the ta, hata, and houses, of the estate of the late Mae-toko Naka-saburo, of To-no-hara, Iriki in, Satsuma kuni, which are among [the shiki] comprised in the said letter of renunciation, both the soil itself and its yearly revenues should be ordered restored [to Zen-A]. *This is the fourth.* "According to the same letter, Kwo-Ge's letter of renunciation presented by Zen-A is a palpable forgery, *etc. Summarized.* "As regards this article, Koreshige never breathed a word of dispute of the letter of renunciation, and fully admitted(sho-buku) [its authenticity]. As its autographic character is manifest, [Zen-A] petitions that, after due examination, Koreshige's guilt of seizure be punished according to prescribed rules. *This is the fifth.* "According to the same letter, since Zen-A was repudiated as unfilial by his late father Shibuya Shiro-zhiro nyu-do Jo-Butsu, he should not hold a foot of the latter's estate; [Zen-A] should not be given [any shiki] contrary to the intention of its original P194 holder; how much less must he be entitled to land held by other persons? *etc.Sum- marized.* "As regards this article, it is a baseless falsehood that [Zen-A] was repudiated as unfilial by his late father Jo-Butsu. The fact is that though Jo-Butsu left a letter of devise in behalf of Zen-A, it was withheld by his step-mother; this was stated the other day. That the step-mother withheld the devise is known to all people of this and other families. It is a palpable lie to say that [Zen-A] should not hold a foot of land. Next, as regards the intention of the original holder, what is that intention? Such fanciful statement deserves no congnizance. Next as regards land held by another, it has been previously explained and needs no repetition. *This is the sixth.* "According to the same letter, the letter presented by Zen-A contained many errors, *etc. Summarized.* "As regards this article, the alleged errors are not specified. Arbitrarily to impute errors is a manifest knavery. *This is the seventh.* "According to the same letter, land has been given away out of another's holding, *etc. Summarized.* "Since this article has been discuseed in an earlier section, there is no need of reiteration. *This is the eighth.* "[Zen-A again charges]: "That Koreshige should not hold the estate left by Kwo-Ge. "Koreshige, acting as plaintiff, made an unwarrantable litigation regarding the eatate left by Kwo-Ge, and composed a compromise; and with the letter of com- promise petitioned this commissioner's4 office to grant him an order [of con- firmation].Since, however, this was not permitted, how might he hold the estate left by Kwo-Ge? And yet falsely to state, as he does, that he holds it by virtue of documents of succession, is a knavery. Kwo-Ge's sons, priest Myo-Ichi bo, and his younger brother priest Shin-Ryo bo, actually hold the rice-land and houses in the estate of their late father; how then could Koreshige, a younger brother, own documents of successive possesseion to the exclusion of the sons? It is strongly desired that [the documents] be called for [and examined]. *This is the ninth.* "Koreshige's Knaveries: "It was an extreme knavery that Koreshige arbitrarily sized the houses [and accessory land] in To-no-hara, Satsuma kuni, which Kwo-Ge had bought for all time from Zaikokushi Saburo-zaemon nyu-do Do-Ei,5 of the same kuni, and from Takemitsu Kamon-saemon-no-zho,6 Hida Iya-shiro-byoe nyu-do Zui-Gwan, and Inoue Saemon-zhiro Tomoari, residents of the same kuni; and, secretly making a compromise, secured the influence of his cap-father7 Shibuya Zhiro-saburo Sukeshige,8 and obtained by false pretense [ the sho-gun's] mandate confirming [Koreshige's holding of these properties]. Therefore, [Zen-A prays that] at once that letter of compromise and other documents, as well as the order of confirma- tion, be examined, and proper punishment be inflicted [upon Koreshige]. *This is the tenth.* "The aforementioned points are thus briefly stated. In short, since Koreshige has recognized(sho-buku) Kwo-Ge's letter of renunciation, it is prayed that a decision be P195 granted; and since he has admitted(sho-buku) a wilful seizure, both the soil itself and the yearly revenues that he has saized from it be restored. As for his penalty, it is prayed that it be administered according to the established law. That Koreshige knows [the authenticity of] that letter of renunciation will [be brought out] when [he and Zen-A] confront each other at court. Therefore, again a brief petition is thus made."
* * These parts are written small in the original text. 1The first two sections are wanting. 2See the next section of this document. 3Apparently Zen-A was on a guard duty at Hakata, on the north coast, and the examination was conducted under the authority of the sho-gun's deputy in Kyu-shu, who was stationed there. 4Namely, the sho-gun's deputy for Kyu-shu. 5An Osaki; see Nos. 8 and 51. 6A Tomo. 7Eboshi-oya, cap-father. When the warrior reached majority, his hair was dressed, and a black cap, eboshi, was placed on his head, as sign of his coming of age; he then assumed a new personal name suitable to his state, given by his lord or some other man of distinction. The warrior who capped the youth was the latter's eboshi-oya, and stood thenceforth in a peculiarly intimate rela- tionship with his protege. Further see No. 134. 8Younger brother of Shigemoto the 4th Iriki-in lord.