中世日本の土地売買と土地所有 : 鎌倉・室町期の京郊地域における在地社会の所有構造

The present article attempts to shed light on the local structure of land ownership in medieval Japan through a study of villages on the periphery of the capital city of Kyoto, as documented in Toji東寺 Temple's Hyakugo-Monjo百合文書 collection. From an examination of a sworn statement issued by persons belonging to Toji's Kuze久世 Estate, the Muromachi era, handwritteen seals affixed to documents can be divided into full seals(Kao花押) in the case of local gentry(jizamurai地侍) and abbreviated seals in the case of commoners(hyakusho百姓). Using this data to analyze documents concerning sales and purchases of land in the Toji domains, he concludes that even in the late medieval period, when it is thought that in general peasant "land ownership" was being firmly established, around Kyoto landless classes still formed the majority of the rural population. It was during the medieval period that absentee proprietorships went through a great transfomation. On the one hand, the Muromachi era village was in practice given the right to cultivate land on a communal basis, while tax farming managers representing absentee landlords formed the jizamurai class, which in turn sub-contracted the land under their jurisdiction to village commoners. The right of land holding called sakushiki作職, which was established during the fourteenth century, arose directly from this stratified structure of agricultural sub-contracting, and thus cannot be interpreted simply as the right of cultivators to own land. The majority of peasants in medieval times were for all intents and purposes sub-contracting the land they cultivated. Landholding on their part thus emerged from the maintenance of the right held by the autonomous village community(sosho惣荘) to cultivate land communally. The understanding posed by this article therefore negates the socalled "honshuken"本主権 hypothesis that argues strong ties existed between peasants and the land they cultivated. Rather, what was being strengthened here was the right of cultivators to the fruits(sakumo作毛) of the land they were sub-contracting, not any deep-rooted consciousness concerning land ownership. The conventional opinions concerning land holding usually depict the expansion of cultivator rights during the medieval period taking place within a process of firmly establishing individual rights to cultivation(and land ownership). However, the author argues that the main current of such a trend should be considered rather as an evolution in rights to land use.