Shoen

Asian History Japan

GROWTH OF SHOEN

Several means were employed by holders of shoen to expand its privileges which in turn insured its phenomenal growth between the tenth and twelfth centuries. One was to gain immunity from taxation (fuyu) for the newly-acquired lands which were technically ineligible for such privileges (Document 6). And once immunity from taxation was secured, the shoen holders reasoned that it was no longer necessary for public offrcials to enter the shoen in question, since there was no need for investigating the taxable crops or people who could be impressed upon to perform certain services. The immunity from entry (funyu) was often extended to include denial of entry to police officers (Document 7). Documents grouped together as Document 8 show how the Toji, belonging to the Shingon sect, successfully extended most of these privileges to all of its landholdings to create a powerful shoen.

Even after these immunities were acquired, if the owner were powerless,the provincial governor -- whose duties included protection of sources of tax revenue -- could still cancel the privileges given to a particular shoen. Commendation to a more powerful person was a means of protecting such privileges. Document 9 shows how a series of commendations was made to prevent "lawless encroachment by provincial officials." Note also the different shiki which were discussed in that particular document.Just how the proliferation of shoen could adversely affect the livelihood of common people is described in Document 10. There is evidence to show that the imperial proscription of 902 against further spread of shoen was implemented, at least partially. The shoen held by middle and lower eschelon nobles were adversely affected by the proscription and there was a sizable reorganization of shoen holdings. However, those in the highest position, the Fujiwara family in particular, benefited from the proscription. No provincial governors would dare challenge them when they violated the proscription, and they could continue to receive lands in commendations, at the expense of lesser nobles.

Document 11 comes from an earlier period, and describes the power of provincial governors as it affected the growth of shoen. Initially, provincial governors represented the interest of the central government and indirectly that of the Fujiwara family. In addition, they utilized the opportunities of being governors to serve their own interests as well. They could do so by working closely with local magnates, which often deterred development of independent cultivators and landholders (see the discussion of myoshu and tata in the following section). However, when the interest of governors and of local magnates came into direct conflict with that of the Fujiwara family, the latter would even temporarily align with the common peasantry to preserve their own supremacy. Document 11 must be read in this light.

Incidentally, in the documents below the terms "shoen" and "sho" are used interchangeably.

6 Privilege of Tax Immunity (Fuyu), 951 and 953"

a) An Order of the Council of State, Issued to the Provincial Governor of Ise.

On the matter of immunity from taxation for the Sone sho, owned by the Daigoji. Officials of the sho and its inhabitants are also to be exempt from miscellaneous labor services imposed from time to time.

A certain sho which is located in the district (kori) of Ishi on the above matter, the said temple submitted a brief dated the seventh day of the seventh month which stated: "Arguments relating to the question of the sho's tax-exempt status were previously communicated to your office, but we have yet to receive your ruling on this matter.?Meanwhile, the officials of the said sho submitted a brief dated the ninth day of this month (ninth month) in which they gave the following statement: "There is no precedent under which this sho can be subject to taxation. However, the present governor, Fujiwara no Ason Kunikaze is arbitrarily departing from the past practice by imposing taxation and miscellaneous labor services on the sho. We beg of the Council of State to give us its official document expeditiously, so that the sho's exempt status from tax and from miscellaneous labor services can be clearly established. Only in so doing can we again attend to the business of this sho.?The Minister of the Left [Fujiwara Saneyori] declares that, obedient to the imperial command, the petition shall be granted as stated. The province shall be apprised of this decision, and once the official document arrives, must take steps accordingly.

Fifth year of Tenryaku [951], ninth month, 15th day.

b) An Order of the Ministry of Popular Affairs, Issued to the Provincial Governor of Ise. On the matter of immunity from taxation, the Sone sho, owned by the Daigoji, located in the district of Ishi, paddy fields 140 cho 100 bu. An official document ... from the Council of State indicates that it received a communication from the Daigoji, saying that the paddy fields in question belong to the estate of the ex-Emperor Suzaku [r. 930-946, d. 952], which were conveyed to the temple [in 948] by his majesty's decree. In the previous year, the Council of State granted the privileges of tax immunity and exemption from miscellaneous labor services, and ordered the province accordingly (see the above document).

However, the provincial officials continued to impose miscellaneous labor services on the grounds that the precise area of the said sho is not recorded and that no official document from the Ministry [of Popular Affairs] is available. The communication petitions that an official document from the Ministry of Popular Affairs be given to the sho... so that taxation and miscellaneous labor services may no longer be required of it....

The Minister of the Right [Fujiwara Morosuke] declares that, obedient to the imperial command, the petition is hereby approved. Provincial officials are asked tn act in accordance with this order once it is received.Seventh year of Tenryaku [953], eighth month, 5th day.

7 Immunity from Entry (Funyu) by Public Officials, 1056 and 1125

a) The Controller of the Left Gives His Command to the Province of Mino.

On matters relating to the Oi and Akanabe sho, it is decreed that boundary markers shall be erected as before, and the entire land within the markers shall be held secure, without permitting entry by provincial officials. The two sho shall be exempt from miscellaneous labor services, in order to enable them to perform their duties for the temple.

A petition submitted by the Todaiji makes the following statement:"These two sho are exempt from taxation either by virtue of their exemption from tax registry or by the official documents issued by the Council of State or by the Ministry of Popular Affairs. However, lately provincial governors have, as a rule, made covetousness their guide and have imposed provincial services on the two sho. Whenever they call us to account for the services, the performance of the duties of the temple are neglected. In consulting old records, we find that any material produced by the two sho in question is to be used for Buddhist mass and other ceremonial functions, for almsgiving, and for the repair of the temple. Thus no provincial officials are to be permitted to enter the two sho, and the two sho are to be exempt from performing labor services....

"We therefore petition the Controller of the Left to send his official representatives to the two sho and other estates, which are owned by the temple, survey the four boundaries, place markers, and forever prevent provincial officials from entering or ordering performance of labor services...."

The Minister of the Right [Fujiwara Norimichi] orders that in obedience to the imperial command, the above petition is approved, ... and that the province must without fail act in accordance with this order.

Fourth year of Tenki [1056], second of the leap-year third month, 26th day.

b) Inhabitants (gunin) of the Sho with Official Documents (Kanshofu sho) Belonging to Kongobuji Requesting the Administrative Office (mandokoro) of Their Patron (Honke) [Mt. Koya] to Rule on A Certain Matter. "In studying the old precedents, it is found that the official documents issued by the Council of State and the Ministry of Popular Affairs to this sho give it powers to expel from its domain such criminals as thieves and murderers. It is thus not necessary to permit provincial officials [to enter this sho] to make arrest or imprisonment....Second year of Tenji [1125], seventh month, 13th day.

8 Establishment of a Shoen, 845, 920, and 1042

a) An Official Order of the Ministry of Popular Affairs, Issued to the Provincial Governor of Tanba. To contribute in perpetuity for the sustenance of the Toji in Kyoto, there are paddy fields and lands comprising forty-four cho and 142 bu,located in the district (kori) of Taki. Of these, there are: nine cho and 144 bu of cultivated fields; one pond and ditches extending for a length of seventy jo; and thirty-five eho of wooded area.

The four boundaries are: the eastern boundary adjoins the public land;western boundary is the hill of Banzan; the southern boundary is a river;and the northern boundary is the hill of Oyama.

There is also a tract af land in the county (go) of Kawachi.... A month, previously noted that the lesser sub-bishop, Jikkei, petitioned the government and gave the following statement: The Toji was built [796] by the wish of Emperor [Kammu] to preserve treasures of the Shingon sect and to become a center for copying the Tripitaka and regulatory works (kalpas). This unprecedented undertaking inour country was completed, and manuscripts were permanently enshrined in an exquisite condition. I, for one, unworthy as I am, devoted all my energy to its completion. Our late teacher, the great bishop Kukai, also established a school and named it Shugeiin. He developed a curriculum in Chinese classics and history. To sustain its teaching activities, he originally assigned fields and gardens for the school's use. However, death claimed him before he could complete his heart's desires, and times have changed. What he intended to accomplish was singularly a difficult task. His disciples consulted one another,and decided to sell the school, and [using its proceeds] purchased fields and residence halls for the purpose of the propagation of the Law. Since the governmental regulations did not permit purchase of fields by temples [at that time], we decided to sign the names of the parishoners (danotsu) of our temple as purchasers in the land-sale documents, and the deeds were so recorded. It was not our intention to conceal anything in this fashion.