近世における土地証文形式の変遷に関する分析 : 下総国香取郡鏑木村平山家の事例

抄録

The purpose of this paper is to clarify the characteristics of the forms of land transaction documents in the Edo Period. The landlord who is the focus of this article, Hirayamake, resided in Kaburaki village in the Chiba Prefecture. In the Edo Period, the village was under rule of administrator of Shogunate (Daikan) and retainers of the Shogun (Hatamoto), which changed over time. The first change in the land transaction documents is the transformation from Eitaiuri, a permanent sales of land, into Uriwatashi, "sales". At the background of this transformation is the incident of punishment against the ban of Eitaiuri by the Shogunate. However, a de facto Eitaiuri that was disguised by other form of contract continued. After the incident, land sales were dominated by pawning instead of Uriwatashi, which was permitted by the Shogunate. Sale by pawning however did not continue entirely during the Edo period until Meiji Restoration. In the middle of Edo Period, Uriwatashi reappeared. Sales contracts disguised by pawning also appeared at the same time. Uriwatashi contracts reappeared when Kaburaki village came out of the Shogunate's rule. De facto Uriwatashi contracts disguised by pawning were initially found in the transactions with the village where Hirayamake did not reside. After, the Shogunate came back to rule Kaburaki village, disguised sales became dominant. Almost all of the land transactions within the village under the rule of the Shogunate were by pawning, which was the form of contract permitted by the Shogunate. Thus, Hirayamake changed the form of land transaction documents following the rule and intention of the rulers.