#65
  65. TERAO SHIGEHIRO VS. SHIGENA: SHIGENA'S REPLY, 1325

                  (A copy in Terao docs.; also KK, VIII.)
THE first lines are wanting. Moreover, the lower edge of the sheets is so damaged that many a line
in the original lacks the last character or two. Fortunately, however, the meaning of all the missing
characters is readily inferred from the context, and so has been filled in below.
  It will be noted that Shigena, declaring that all argument and documents had been exhausted
by his opponent and that the latter's  renewed accusation was a mere reiteration of his former
charges, declined to present a formal refutation. This document is in the form of a semi-formal
letter addressed to some lord who was in close relation with the feudal judges.

  "* * * The additional documents latterly presented by Betto-zhiro-Maru that have
been handed down to [Shigena], he has examined and now respectfully returns. It is
a strict rule in the law that, in all investigations of charges and refutations which are
made [at litigations] in three successive questions and answers, all the documents
[pertaining to each case] should be exhaustively furnished before the second question
 [are completed]. That, in this affair alone, documents of the same im-
port [as were presented before] should be, as they have been, passed down, would be
conductive to a delay in judgment. Moreover, the set of muniments(gu-sho) presented
[by Betto-zhiro-Maru] is, though they are open to suspicion, on the whole of the same
import as the original letter of accusation; and, therefore, [Shigena] cannot [again]
make a full statement [in defense]. It is now all the more clearly exposed that Betto-
zhiro-Maru does not possess  devise. Since Shigena has from the first
as has been said in the former refutations, entertained no aspirations to the heir-general
shiki, [Betto-zhiro-Maru's charges] are surely unimportant. As for the matter of in-
testacy, there can be no dispute about it also, since it is manifest both from the original
accusation and from the additional documents latterly presented by Betto-zhiro-Maru.
Shigena's conduct is merely this: whereas he, as Koreshige's second son, was loyal and
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blameless, his elder brother Shigehiro, conceiving an idea of a sole control, upheld his
youthful son, ran counter to the interest of the family and to his own agreement,
and <            > having committed various outrages, finally made accusations [of
Shigena] in the name of his son, in order to prevent his own punishment; and, there-
fore, Shigena has merely petitioned that, following similar examples, a division of the
intestate [estate] be . But since the body of documents newly presented
differs in no way from the original accusation, [Shigena] cannot go into the detail.
Next, as regards [the charge that Shigena] was an adopted son of another person, he
is unware of the person named Shibuya Zhiro-zaemon-no-zho [whom the plaintiff men-
tions]. Perhaps Saemon-zhiro Yorishige is meant. His wife was elder sister of Kwo-Ge
and Kore-, and hence elder aunt1 of Shigena and, Shigehiro, but it is a baseless
untruth that [Shigena] is her adopted son. When her real sons actually existed, why
should she adopt Shigena? This [the judges] may graciously divine. That to such
fabrication Shigehiro had recourse, because he had been brought to his wit's end in his 
attempt at a false accusation, may be said to have been exposed of itself. Until the hour
of Koreshige's death, [Shigena] followed him in city and in country without a mo-
ment's interruption. If, according to Betto-zhiro-Maru's petition, members of the clan
(zoku) and other people were inquired of, the truth of this matter would at once be
revealed. Next, as regards the rule [of the sho-gun's government], it may be said to
be undeserveing of discussion, inasmuch as the language is falsely quoted. Moreover, the
matter could hardly be taken cognizance of, because Shigena is not an adopted son of
another person. In short, the documents now presented [by Betto-zhiro-Maru] are the
same set of muniments(gu-sho) as [accompanied] the original accusation. Since, also,
it is untrue that [Shigena] is an adopted son of another, it is begged that, in accord-
ance with similar examples, a speedy sanction be granted in regard to the holdings left
by Koreshige, [to wit]: Terao mura in Yoshida sho, Sagami kuni; Dai-ku-den at
Mida, Ise kuni; ta, sono, and homesteads in Nagaya go, Sawara kori, Chikuzen kuni;
hata land and sono in Nagabuchi sho, Chikugo kuni; and To-no-hara in Iriki in, Sat-
suma kuni. Pray convey the import of this letter [to the judge]. With reverence.
  "Sho-chu 2 y. 7 m. [August 1325]. Taira no Shigena. (Monogram on the reverse
side.)"




  1Elder aunt, haku-bo, as distinguished from younger aunt, shuku-bo, for the former is an elder
and the latter a younger sister of one's parent. Cf. the eldest and younger uncles, in No. 62, n. 2.