This article attempts to investigate the functions of Japanese medieval laws, in the case of tokuseirei 徳政令 of Muromachi Shogunate, by looking at the forms they took. For this purpose, the author analyzes tokuseirei into two forms of law, kabegaki (壁書, notice at the Shogunate) and Kosatsu (高札, public notice). These two forms which were often used for other Muromachi Shogunate laws, as well. His results may be summed up as follows : (1)Kabegaki had comprehensive provisions, but it was transmitted to limited parties: jisha (temples and shrines), kuge (aristocrats), and buke (samurai) in Kyoto. This was because kabegaki had an aspect of legal precedure at the Shogunate's court and it was legislated and applied, by legal experts of Muromachi Shogunate; especially bugyonin 奉行人. (2)Kosatsu was superior to kabegaki as a means of transmitting laws. Because kosatsu was put up at the places where strife and disorder about tokusei had occurred or were bound to occur, it should be said that kosatsu worked for the recovery or maintenance of public peace and order. The provisions of tokuseirei kosatsu were brief and vague at first, but later (at the latest in the 16th century), comprehensive provisions about pawned movable property appeared on kosatsu. This corresponds to the above-mentioned function of kosatsu. (3)The Muromachi Shogunate often promulgated tokuseirei by using kabegaki and kosatsu together. This probably relates to a passive attitude of the Shogunate concerning the promulgation. However, considering the two types of tokusei at the time - i.e., tokusei with the permission of the Shogunate and tokusei without it - it should be said that the two forms of tokuseirei corresponded to those different types. By making kosatsu more concrete, the Shogunate began to regulate the custom of tokusei. (4)Not only in the case of the tokuseirei of Muromachi Shogunate, but in medieval society, in general, the space in which laws functioned was not homogenous, and the forms of laws were related to the structure of that space.
The Hokuzansho 北山抄, a representative book of ceremonies for the Heian period, was written by Fujiwara Kinto (藤原公任) at the beginninng of the 11th century. The draft of vol. X in his own handwriting remains. There is also old transcriptions, for example the Maeda MS. kept in the Sonkeikaku-bunko, but there are many differences in the arrangement of the descriptions. It has been generally understood that these differences are caused by the disarray the author's draft, and that Kinto wrote it as a final draft in revising the descriptions. However, we have no proof that Kinto wrote out any final draft of the Hokuzansho's vol. X, and it is clear that every old transcription was copied from this draft. Therefore, it is very possibility that the differences between Kinto's draft and the Maeda MS. have been caused by errors in transcription. The author of the present paper thinks that Kinto's draft had been separated into various parts as time passed, and then was restored to its original state, but some of the parts were put in the wrong place. Thus, Kinto's MS. itself was arranged incorrectly in the past. The MS. was copied in this state, causing the in correct transcriptions. The above facts had already been pointed out by Wada Hidematsu, who found Kinto's MS.. In this paper, the author examines the details of that MS. to verify Wada's view and traces the origin of the differences between it and another old transcription.