荘園整理令と中世荘園の成立

抄録

This article is an attempt to reconsider the role, if any, played by acts to regulate the expansion of proprietary estates (shoen荘園) at the hands of aristocratic families and religious institutions in the formation of the medieval land system dominated by such proprietary estates. While the major purpose of such acts was to prevent the incursion of shoen onto public tax land (koryo公領) and separate the two, recent research has argued that the two were in fact not spatially separate under the medieval land system, in which koryo was enclosed and cultivated as a part of shoen under such pretenses as proximity and fallow. Upon his own reexamination, the author of this article concludes that the spatial separation argument is not valid, since the shoen control acts recognized such enclosures, based on publicly notarized deeds of sale, tenancy, etc. (kugen公験), only as exempt from public taxes, not as shoen property. Since the medieval shoen was also characterized by such arrangements, the author concludes that the shoen control acts of the late ancient period had a definite effect on the formation of medieval land institutions. Furthermore, these acts concerned only koryo enclosed and cultivated by shoen proprietors and thus assumed that all other such land would be subject to public taxation. On the other hand, it is also true that the shoen control acts influenced shoen proprietorship by speeding up the establishment of new estates. The research to date on the formation of the medieval shoen system has not considered the fact that there were choices to be made between restricting or approving shoen, since it is a fact that new shoen were set up in the process of executing the control acts. Although the establishment of new shoen came under strict regulation as the result of these acts, their expansion was promoted under the growing power and authority exercised by the retired emperor's household. This contradiction was finally resolvad by the Act of 1156, in which kugen documents were no longer taken as absolute, and new shoen and their tax exempt enclosures became the prerogative of kingship.