Babylonian Law - Citizens Tenants of Gods

Citizens Tenants of Gods

The god of a city was originally considered the owner of its land, which encircled it with an inner ring of irrigable arable land and an outer fringe of pasture; the citizens were his tenants. The god and his vice regent, the king, had long ceased to disturb tenancy and were content with fixed dues in naturalia, stock, money or service.

One of the earliest monuments records the purchase by a king of a large estate for his son, paying a fair market price and adding a handsome honorarium to the many owners, in costly garments, plate, and precious articles of furniture. The Code recognizes complete private ownership of land but apparently extends the right to hold land to votaries and merchants; but all land sold was subject to its fixed charges. The king, however, could free land from these charges by charter, which was a frequent way of rewarding those who deserved well of the state.

It is from these charters that we learn of the obligations lying upon land. The state demanded men for the army and the corvée, as well as dues in kind. A certain area was bound to provide a bowman, together with his linked pikeman (who bore the shield for both), and to furnish them with supplies for the campaign. This area was termed a "bow" as early as the 8th century BC, but the practice goes back much earlier. Later, a horseman was also due from certain areas. A man was only bound to serve a certain number of times, but the land still had to find a man annually. This service was usually discharged by slaves and serfs, but the amelu (and perhaps the mushkenu) also went to war. The bows were grouped together in tens and hundreds. The corvée was less regular. Special liabilities also lay upon riparian owners to repair canals, bridges, quays, etc. The letters of Hammurabi often deal with claims to exemption. Religious officials and shepherds in charge of flocks were exempt from military duty.

The state claimed certain proportions of all crops, stock, etc. The king's messengers could commandeer any subject's property, giving a receipt. Further, every city had its own octroi duties, customs, ferry dues, highway and water rates. The king had long ceased to be owner of the land, if he ever was. He had his own royal estates, his private property, and dues from all his subjects. The higher officials had endowments and official residences.

The Code regulates the feudal position of certain classes. They held an estate from the king, consisting of a house, a garden, a field, stock, and a salary, on condition of personal service on the king's errand. They could not delegate the service, on penalty of death. When ordered abroad, they could nominate a capable son to hold the benefice and carry on the duty. If there was no capable son, the state put in a locum tenens but granted one-third to the wife to maintain herself and her children. The fief was otherwise inalienable; it could not be sold, pledged, exchanged, sublet, devised or diminished. Other land was leased from the state. Ancestral estate was strictly tied to the family. If a holder would sell, the family kept the right of redemption, and there seems to have been no time limit to its exercise.