The Tokuseirei was issued by the Kamakura Shogunate in March 1297 (5th year of Eijin). Its main contents included prohibiting the buying, selling and pawning of Gokenin lands, and the free return of Gokenin lands that were pawned or sold to their original owners (principals). Originally, sellers of lands were limited to Gokenin, and the purpose of the law was to provide relief and protection to Gokenin, but since the law was based on the local practice of jiokoshi, it was actually applied to sales contracts that did not include Gokenin. Jiokoshi refers to the act of recovering land that has been transferred from the head of the family to another person, such as land sold or pawned. The name comes from the idea that land arises, that is, land that has been left from the head of the family and has been in a state of suspended animation returns to the head of the family and is reborn. Source : Heibonsha Encyclopedia About MyPedia Information |
永仁5年(1297年)3月に鎌倉幕府が発布した徳政令。おもな内容は,御家人(ごけにん)所領を売買・質入れすることの禁止,質流れや売却された御家人所領の本来の持ち主(本主)への無償返却などが定められた。本来,所領の売却者は御家人に限定され,御家人の救済・保護を目的としていたが,地発(じおこし)の在地慣行に根差した内容であったため,実際には御家人を含まない売買契約にも適用された。なお地発とは,売却地・質入地など,本主のもとから所有が他者へ移転した土地を取り戻す行為をいう。その名は,〈地が発(おこ)る〉,すなわち本主のもとを離れて仮死状態にあった土地が,再び本主の元に戻って再生するの意にちなむ。
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