Under the litigation system of the Kamakura-Bakufu, “HIKITSUKE(_??__??_), ” founded in 1249(_??__??__??__??_), was an organ of great significance. It countinued to exist until the fall of the Bakufu Government. During this period, however, it was twice provisionally abolished.
The purpose of this article is to explain how the litigation system during the latter half of the Kamakura-Bakufu period operated; to examine the implications of direct judgments by the "SHIKKEN-REN-SHO (_??__??_·_??__??_)" on important cases; and to examine the political background concerning the two occasions in which "HIKITSUKE" was abolished (the first abolishment in 1266 to 1269 (_??__??__??__??_-_??__??_) and the second in 1293 to 1294(_??__??__??_-_??__??_). After the re-establishment of "HIKITSUKE" in 1294, important cases were again subject to direct judgments of "SHIKKEN-RENSHO." This condition may be brought to light through analyzing "EININ-SANNENKI (_??__??__??__??__??_), " a valuable document which provides information on the situation of that period.
From our analysis, we may conclude that the two abolishments that occurred did not lead to any simplification of the litigation system. Speedy trials were disposed of by way of direct judgments handed down by TOKUSO (_??__??_) through his direct command of the "MONCHUJO (_??__??__??_)" (which had expanded its jurisdictional authority) in 1266, and by his intervention in trial proceedings in 1293. After the re-establishment of "HIKITSUKE" in 1294, TOKUSO---with the support of some of the members of "HIKITSUKE"---was presumably influential on important cases.
Lastly, as to the management of the situation after the re-establishment of the "HIKITSUKE, " an analysis of those members present at the "HIKITSUKE" and evaluation proceedings suggests that the Osaragi Family played an important role.
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