The criminal jurisdiction of all feudal lords such as daimyo, hatamoto, court nobles (
kuge _??__??_), temples and shrines during the Tokugawa period may be divided into two types : adjudication of criminality (
tegiri-gimmi _??__??__??__??_) and sentencing and execution (
tegiri-shioki _??__??__??__??_). The former means jurisdiction to try and ascertain criminality, and the latter jurisdiction to determine and impose penalties without shogunate approval (
ukagai _??_).
Like the daimyo jurisdiction to adjudicate criminality, the jurisdiction to adjudicate criminality of the hatamoto was limited to their vassals and employees (
kachiu _??__??_) based upon the feudal relationship and commoners registered on their fief (
chigyosho _??__??__??_). After the Tenmei (_??__??_) period (1781-1789), however, jurisdiction over cases in which the penalties of beheading with exposure (
gokumon _??__??_) or more severe penalties were to be imposed was assumed by the shogunate courts, and after 1820 jurisdiction over cases to be punished by exile to an island (
onto _??__??_) was also absorbed by the shogunate courts.
Though the jurisdiction of the
daimyo to sentence and execute included capital punishment, the
hatamoto could not impose capital punishment upon commoners in their domains without shogunate approval. The
hatamoto's jurisdiction over their retainers was so much broader than over commoners that the
hatamoto could put their retainers to death without appeal to the shogunate.
Compared to the power of
daimyo, that of
hatamoto as feudal lords was much more limited as mentioned above. There were not a few
hatamoto who would not even fully exercise their recognized jurisdiction themselves. They often ask the shogunate courts or
daimyo or bigger hatamoto which might be their main family (
honke _??__??_) to exercise this jurisdiction in their stead.
At the end of the Tokugawa Period, the shogunate revived the Kanto deputy (Kanto
gundai _??__??__??__??_) and charged him with the duty of administering criminal justice for small hatamoto within the Kanto-area (Kanhasshu _??__??__??_).
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