(M469) A celebrated passage in Sargon’s cylinder(476) says, “according to

the interpretation of my name, Sharru-kînu, righteous king, which bade me

observe right and justice, repel the impious, not oppress the weak; as the

great gods had bidden me, I gave money for the pieces of land, of each

city; according to written contracts, in silver and bronze, to their

owners, in order to do no injustice; and to those who would not take

money,(477) a field for a field, where they preferred, I gave.” That this

was no idle boast is proved from the tablet which records how Sargon, in

the year B.C. 713, having taken possession of some lands in Maganuba to

form part of his new city of Dûr-Sargon, found that he was displacing an

old endowment given by Adadi-nirâri to the god Ashur. It was held by a

family descended from the original recipients. Sargon increased their

holding and charged it with an increased monthly offering to the

temple.(478) He gave “field for field,” but also added largely to the

endowments. He acted much the same in Babylonia, where the Suti had

encroached upon the lands of the people. He drove out the invaders,

restored the lands, but laid them under obligations, _kidinûtu_, making

them render a monthly due to the temples, as before.

(M470) On the other hand, we find that the kings granted large grants of

land to temples and private persons. From what source these grants were

made does not appear. Probably from his own personal property. The

property so presented was free of imposts. But we may not assume that the

king was always the poorer. The beneficiary may have bought the land and

presented it to the king, to be received back free of imposts in

perpetuity.

Thus, Nazimaruttash(479) presents a large estate to Merodach, and another

to Kashakti-Shugab, his servant. Kurigalzu(480) granted an estate to

Eṭir-Marduk for his conduct in a war against Assyria, and Bitiliashu

confirmed it. A coppersmith who fled from the land of Ḥanigalbat made a

fine specimen of his work for Bitiliashu, and the king rewarded him with a

grant of land.(481) Adadi-shum-uṣur made another grant of land to an

unknown servant of his.(482) Melishiḫu made a grant of land to his son,

Merodach-baladan I.,(483) and granted it exemption from all imposts.

Another grant he made to a servant of his.(484) So when Shamû and Shamûa,

his son, two priests of Eria in Elam, fled from their own king and took

refuge with Nebuchadrezzar I., he espoused their cause, plundered Elam,

brought back their god, Eria, to Babylon, and they having taken the hands

of Bêl, the king granted them an estate in Babylonia and freed it from

imposts.(485) Nabû-aplu-iddina granted an estate to a namesake of his,

which, however, seems to have been claimed as ancestral property.(486)

Melishiḫu granted lands to Ḥasardu, a servant of his.(487)

Merodach-baladan I. granted lands to Marduk-zâkir-shumi.(488)

Marduk-nâdin-aḫi granted Adadi-zêr-iḳisha, for his services against

Assyria, lands in the district of Bît-Ada, which seem to have been

ancestral domains of one Ada.(489) Some fragments of clay copies of

similar grants by Adadi-nirari,(490) Tiglath-pileser III.,(491)

Ashurbânipal,(492) and Ashur-eṭil-ilâni(493) are preserved in the British

Museum’s Collections from Nineveh. They all appear to record grants to

favorite officials, who had deserved well of the king.

(M471) The king also appears as not only confirming grants made by

predecessors, but as restoring ancestral property, or temple endowments,

which had come into other hands, on suit of the legal descendants of the

original owners. Thus, certain land which had come into the possession of

Târim-ana-ilishu and Ur-bêlit-muballiṭat-mîtûti, was claimed by

Marduk-kudur-uṣur in the reigns of Adadi-shum-iddina and Adadi-nâdin-aḫi,

and finally granted him in perpetuity by Melishiḫu.(494) The land which

Gulkishar, King of the Sea Land, gave to a goddess had remained in her

possession 696 years, until, in the time of Nebuchadrezzar I., the

Governor of Bît Sin-mâgir had secularized it. Bêl-nâdin-apli restored

it.(495)

(M472) A rather different grant was made by Nebuchadrezzar I. to

Ritti-Marduk for his services against Elam. This faithful vassal had been

governor of a district on the borders of Elam, but the privileges of his

country had been much curtailed by a neighboring King of Namar. They were

now restored and apparently augmented. They were, that the King of Namar

had no right of entry, could not levy taxes on horses, oxen, or sheep, nor

take dues from gardens and date-plantations; could not make bridges nor

open roads. The Babylonians, or men of Nippur, who came to live there were

not to be impressed for the Babylonian army. Further, the towns of the

district were freed from dues to the Babylonian governors.(496)

Marduk-nâdin-aḫi in his first year remitted some obligations on an unknown

estate.(497)

(M473) Of another kind are the monuments recording the actual endowments

of temples by certain kings. A very fine example is the stone enclosed in

a clay coffer referring to the endowments of the temple of Shamash at

Sippara. It records the restorations made by Simmash-shiḫu,

É-ulmash-shâ-kin-shum, Nabû-aplu-iddina, and Nabopolassar at wide

intervals. There are, however, no lands concerned.(498)

(M474) A very archaic tablet in the E. A. Hoffman Collection, the General

Theological Seminary, New York City, published in the _Journal of the

American Oriental Society_,(499) which seems to be older than the

celebrated Blau monuments and which Professor G. A. Barton would date

about 5500 B.C., deals directly with a presentation of land to a temple.

In it the area of the land is given in _GAN_ and the sides in figures

only, probably denoting the lengths in _U_. Being written in very archaic,

semi-picture writing, and some of the signs not yet being identified with

certainty, it will not do to build much upon it. All the sides but one

appear to be thirty-six thousand and fifty, that one being thirty-six

thousand, while the full area is three thousand and five _GAN_. This gives

the _GAR_ as roughly = fifteen _U_.

(M475) Land was let under a variety of systems of tenure. The metayer

system was one of the most common and persistent. The use of this term is

justified by the similarity of actual cases to what is known to prevail in

Italy, under this name. It is a co-operative system. The landlord not only

allows his land to be cultivated for a consideration, but finds the means

to meet expenses. He provides bullocks, tools, seed, and many other

things, according to the usage of the locality.

(M476) In the Code of Ḥammurabi we have proof of the existence of the

system. A man finds(500) his tenant tools, oxen, and harness, but hires

him to reside on the field and do the work. Actual examples are rare among

the contemporary contracts. But Amat-Shamash, a votary, let out,

“Six oxen, among them two cows; an irrigator, Amêl-Adadi; two

tenders of an ox-watering machine, his nephews; three

watering-machines for oxen; a female servant who tended the

machines; half a _GAN_ of land for corn-growing; to Gimillu and

Ilushu-banî. They shall make the yield of the field according to

the average (?). They shall cause the corn to grow and measure it

out to Amat-Shamash, daughter of Marduk-mushallim. In the time of

harvest they shall measure out the corn to Amat-Shamash.”

In spite of several obscurities due to uncertain readings, which render

the translation doubtful in places, this must be regarded as a good

example of the kind.(501)

(M477) There are fewer data from the Assyrian period, but the frequent

loans, _ana pûḫi_, without any interest, at seed-time or harvest, may be

due to this relation between landlord and tenant.(502)

(M478) The best example is to be found in the time of Cyrus,(503) where a

certain Shulâ proposes to take the fields of Shamash, in the district of

Birili, in the county of Sippara. It was sixty _GUR_ of corn-land. The

temple was to find him twelve oxen, eight laborers (literally irrigators),

three iron ploughs, four harrows (or hoes), and five measures of

seed-corn, which also included food for the laborers and fodder for the

oxen. At the end of the year he was to hand over three hundred _GUR_ of

corn as the temple share.

Another good example from the time of Artaxerxes I.(504) relates to the

assignment of two trained irrigation-oxen and seven _GUR_ of corn for seed

by a member of the Murashû firm to three brothers, who undertake to pay

seventy-five _GUR_ of corn _per annum_ for three years. It does not appear

that they hired the land as well. Here the hirer returns more than ten

times his loan as yearly rent.

(M479) The usual method of hiring land was on shares. The Code

contemplates that this would be for a proportion fixed by contract, either

one-half or one-third of the produce going to the owner, in the case of a

field or irrigated meadow and two-thirds in the case of a garden.(505) The

difference was due to the fact that in the former case the owner furnished

the land only, possibly with its water-supply; in the latter case he also

furnished the plants. In the contemporary contracts we have but few cases

where the crop is shared. In these cases the owner and tenant share

equally.(506) The tenant was also to erect a _manaḫtu_, or “dwelling.” It

was needful that he should reside on the property to take care of the

crop. This was stipulated for and the clause added that he should hand

over the dwelling to the landlord. For such dwellings compare the “cottage

in the wilderness” of Isaiah 1. 8.

(M480) The tenant, of course, was bound to cultivate the land. The duties

which fell to his share were “to plough, harrow, weed, irrigate, drive off

birds,”(507) but these duties are but rarely stipulated. The Code protects

the tenant, however,(508) from any unfair compulsion in the matter, so

long as the landlord gets his fair rent.

(M481) Fields were also let at a fixed rent, usually payable in kind. The

contracts of the First Dynasty of Babylon give a large number of examples

of this sort. The kinds of field are distinguished as _AB-SIN_, or _šerû_,

and _KI-DAN_. The average rent for the former was eight _GUR_ of corn per

_GAN_; of the latter, eighteen _GUR_ per _GAN_. The former class may

include land with corn standing upon it, or simply corn-land; the latter

land as yet unbroken, or fallow. The latter class seems to have been much

more fertile.

This rent later became more fixed because the average yield per area was

set down in the lease and the yield in corn was estimated in money

according to the ordinary value of corn. Thus the rent is stated to be so

much money.

(M482) Land was often let to reclaim, or plant. The Code lays down as law

what was evidently a common practice. In the case of waste land given to

be reclaimed the tenant was rent free for three whole years. In the fourth

year he paid a fixed rent in corn, ten _GUR_ per _GAN_.(509) Land let to

be turned into a garden was rent free for four years. In the fifth year

the tenant shared the produce equally with the landlord.(510)

Contracts illustrating this form of lease are quite common in the time of

the First Dynasty of Babylon.

(M483) Freedom from various obligations might be granted by royal charter.

In fact, it is from these charters that we know of the existence of the

obligations for the most part. The land so freed was called _zakû_. Land

sold is often said to be _zakû_, and we may suppose it was so because it

had once been freed by charter. But this is not quite certain. The charter

was granted to a person and his heirs. Doubtless, as long as they held it,

it would be free, but it is not clear that they could sell it as freed

forever. But we only know that some land was free. On whom then fell the

obligations? So far as they were due to the king, they may have been

abolished, but such obligations as repairs of the canal banks must surely

have been taken up by others. If not, the granting of charters must have

been a fruitful source of trouble and distress to the land.

(M484) The obligations were of various kinds. Some were directly

extensions of the duty of a tenant to exercise proper care of the estate.

A very prominent duty was the care of the canals. To see that they were

kept in proper order was the mark of good government. To allow them to

fall into disrepair was probably the result of weak government, or the

exhaustion due to defeat in war. But it very soon led to the

impoverishment of the country. The Code contemplates the care of the canal

banks, or dikes, as the duty of the land-owner adjoining.(511) It holds

him responsible for any damage done to the neighbors’ crops by his neglect

to close a breach, or leaving the feed-pipe running beyond the time needed

to water his field. But the canal was also liable to silt up or become

choked with water-weeds, and the care of dredging it out was that of the

district governor. He might carry out this duty by summoning the riparian

owners to clean out the bed of the canal,(512) or by a levy for the

purpose. Soldiers, or at any rate, forced labor, might be used.(513)

Later, in the time of Nebuchadrezzar I., we find men, hired for the

purpose, called _ḳallê nâri_, or canal laborers.(514)

XIX. The Army, _Corvée_, And Other Claims For Personal Service

(M485) There was always a militia, _Landwehr_, or territorial levy of

troops. Each district had to furnish its quota. These are called _ṣâbê_,

or _ummanâte_. We have no direct statements about them, but a great

multitude of references. They were called out by the king, _adki

ummanâtîa_, “I called out my troops,” is a stock phrase. The calling out

was the _dikûtu_. Not easily to be distinguished from this was the

_šisîtu_ of the _nâgiru_. That officer seems to have been an incarnate War

Office. It is not clear whether he always acted solely for military

purposes. The “levy” seems to have been equally made for public works. The

men were “the king’s men,” whether they fought or built. The obligation to

serve seems to have chiefly affected the slaves and the poorer men, the

_muškênu_. In the Code of Ḥammurabi(515) it was punishable with death to

harbor a defaulter from this “levy.”

(M486) Claims might also be made for work on the fields. This was called

_ḫubšu_ and we know little about it more than that Sargon II. charged his

immediate predecessors on the throne with having outraged the privileges

of the citizens of the old capital Asshur, by putting them to work on the

fields.

The obligation to provide a soldier for the state was tied to a definite

plot, or at any rate, to all estates of a certain size. The _ilku_, or

obligation of the land, was transferred with it. In Assyrian times, the

military unit was the bowman and his accompanying pikeman and

shield-bearer. The land which was responsible for furnishing a “bow,”

_ḳaštu_, in this fashion, was itself called a “bow” of land.(516)

(M487) Some cities claimed for their citizens a right of exemption from

“the levy.” In Sargon’s time, we find that cities like Asshur had been

subjected by Shalmaneser IV. to this service, and Sargon restored their

rights. He freed them from _dikûtu mâti_, _šisîtu nagiri_, and _miksu

kâri_.(517) The city had not known the _ilku dupsikku_. Later, we find an

officer, Tâb-ṣil-ešarra,(518) complaining that, when he was desirous of

doing some repairs to the queen’s palace in Asshur, of which city he was

_šaknu_, Sargon’s freeing of the city had rendered the _ilku_ of the city

unavailable to him.(519)

In the so-called “Tablet of warnings to kings against injustice,”(520) the

cities of Borsippa, Nippur, and Babylon are freed from _dupsikku_ and

_šisîtu nâgiri_. This was drawn up in the time of Ashurbânipal, but

whether it was original with him is not clear. At any rate, later, under

Cambyses and Darius, these cities were again subject to the “levy.”

(M488) This obligation to perform forced labor, or serve in the army, fell

on the agricultural population primarily. Indeed, it seems that the men

who discharged it might be called upon to do field labor, and it was an

aggravation of the insults put upon the old capital Asshur, that its

citizens were set to do field labor.(521) On all country estates, there

were a number of serfs, _glebae adscripti_, sold with the estate, but not

away from it. These, as the Ḥarran census shows, often had land of their

own. But they were bound to till the soil for the owner. They included the

_irrišu_, or (M489) irrigator, the husbandman in charge of

date-plantations, gardens, or vineyards. From these were drawn the men who

served in the army as “king’s men,” and on public works. They seem to have

been liable to five or six terms of service, season’s work probably, or

campaigns, and then were free. At any rate, the heads of families seem to

be free. The daughters as well as sons were subject to service, probably

to repair to the great weaving houses in the towns. We read of these

weaving establishments from early times. M. Thureau-Dangin has called

attention to their occurrence in the Telloh tablets of the Second Dynasty

of Ur.(522)

The amounts of wool assigned to different cities to work up are the

subject of many tablets.(523) In the great cities, the temples or the

palaces were the home of this industry; but quantities of stuff were

served out under bond to private establishments to be worked up and

returned or paid for. The work on these industries constituted the _amat

šarrûti_, or obligation to serve as “king’s handmaid.” It lay also upon

slaves. It is doubtful whether the obligation included domestic service.

From the second Babylonian Empire we have a host of tablets relating to

these weaving accounts. They will be found fully discussed by Dr.

Zehnpfund in his _Weberrechnungen_.(524)

(M490) The married slave, even in the city, usually lived in his own

house. His children were born to slavery, but were usually not separated

in early life from their parents. They entered their master’s service, and

might be sold when grown up. They might learn a trade and so earn a

living, paying a fixed sum to their master. They might become agricultural

laborers, and so attain a fixity of tenure as serfs. But on all these

subject classes, slaves, whether domestic or living out, serfs, and

artisans, there lay the obligation to do forced work for the king. After a

certain number of terms of service, they were exempt.

(M491) The obligations to public institutions which existed in Babylonia

in later times have not yet been made the subject of a thorough study.

Kohler and Peiser have noted several of the more important indications,

and to them we owe what has been done up to the present.

(M492) The most noteworthy obligation was what they call the _ḳablu_. This

has the same sign as so commonly used in the phrase, _ḳablu u taḫâzu_, for

“war and fighting.” But it is also the ideogram for _šisîtu_, the call of

the _nâgiru_ to war or the corvée. There is no doubt that it indicates the

levy for war. The _rikis ḳabli_ was the money due from certain persons to

furnish a soldier for the war. Thus we have seventy shekels paid to a

certain man, in the fifth year of Darius, to go to the city Shiladu.(525)

Again, a certain Bêl-iddin had to find twenty-five shekels to pay a

substitute to go for him to the presence of the king.(526) Another man

paid the wages of a soldier for two years.(527) This was an _æs militare_.

In another case we find the _rikis ḳabli_ for a horseman for a certain

troop, for three years. It consisted of an ass worth fifty shekels,

thirty-six shekels for its keep, twelve coats, twelve breastplates (?),

twelve _mušapallatum_, twelve leather _mîṭu_, twenty-four shoes, thirty

_ḲA_ of oil, sixty _ḲA_ of bdellium sixty _ḲA_ of some aromatic, all as

equipment, _ṣiditum_, to go to the camp (?). This may be described as _æs

equestre_.(528) So(529) the burgomaster of Babylon paid _rikis ḳabli_ for

three years for a certain soldier, receiving the amount from single

citizens. How this arose, what dues it was a composition for, and whether

it antedates Persian times, are details not yet clear.

(M493) Besides the personal obligation to contribute “work,” _dullu_, a

liability for contributions in kind, _ilku_, dues from the land, existed.

We are in the dark as yet as to the exact form these took. In the Code,

the _ilku_, or duty from an estate held as the benefice of an office, was

the fulfilment of the functions of the office.(530) The word does not seem

to denote contributions. But the word literally is what “comes” of any

holding, income, or what is “taken” from it. In a charter of

Melišhiḫu,(531) we have a long list of powers which could be exercised by

the king’s officials over land. They are levies or forced contributions of

wood, crops, straw, corn, wagons, harness, asses or men, rights to

abstract water from canals, to drink from the water, to pasture herbage,

or set on the royal flocks or herds, to pasture sheep, to construct roads

or bridges. These are referred to as either a _dullu_ or _ilku_. The

governor is named as likely to demand right of pasture for his flocks and

herds or work for roads and bridges. But we are left without information

as to the proportion these levies bore to the property. All we can

conclude is that the king had a right to impress such things or such

labor. Few, if any, other documents are so full and explicit as to the

dues exacted from the land, but all these dues are mentioned again, one or

two together, in almost all the charters.

(M494) This is one of the most important dues from land. It was paid to

the temple. Some are inclined to see it in the _niširtu_, from which many

charters exempt land; but others consider this merely a word for

“diminution,” or levy in general. There is no means of deciding yet as to

the time at which the tithe first became a fixed institution.

(M495) There seems to be no trace in Assyrian times of any payment of a

tithe. The tithe _rab ešrite_, which has been rendered “tithe collector,”

is more likely to be a commander of ten, a decurion.(532)

(M496) The evidence for the existence of tithe in the later Babylonian

period is very full. All seem to have paid it, from the king downward.

Nabonidus paid, on his accession, to the temple at Sippara, five minas of

gold. It was a very large sum, but may have been a sort of succession duty

rather than an income-tax.(533) It is curious that we also find Belshazzar

named as paying tithe, due from his sister, and that when the Persian army

was already in possession of Sippara.(534) This shows that the Persians

were friendly invaders and respected the rights of private property and of

the temples. Belshazzar also paid tithe, through his major-domo, to Bêl,

Nabû, Nêrgal, and Bêlit of Erech.(535)

(M497) It was paid for a group of persons by one of their company, or

perhaps we might say that certain persons collected tithe from their

district and paid it in. Thus we have a document recording the payment by

one man of the tithe due from a number of shepherds, cultivators, and

gardeners, in the city of Maḫâz-Shamshi.(536) In the time of Artaxerxes

I., Hilprecht has shown that in some cases “the bow” of land also paid

tithe.(537)

(M498) Tithe was usually paid in kind, on all natural products, corn, oil,

sesame, dates, flour or meal, oxen, sheep, asses, and the like, but also

was liquidated by a money payment. The tablets relating to it are very

numerous, but in nearly every case amount to no more than a receipt for

its payment.

Tithe became property apparently and was negotiable. So at least appears

from Nebuchadrezzar 270. We thus have property in income from land.

(M499) The various dues, _miksu_, seem to have been a sort of octroi duty.

They were levied at the quay, _miksu kâri_, at the ferry, _miksu nibiri_.

They are only mentioned in the charters, granting exemptions from them, to

certain estates or their owners. Closely related to these were the

_mikkasu_, which seem to be some sort of due or tax levied upon all

_naturalia_, and even upon the dues which were paid into the temples. We

have frequent mention of them in later times, in the temple accounts.

XX. The Functions And Organization Of The Temple

(M500) The temple exerted an overwhelming financial influence in smaller

towns. Only in certain large cities was it rivalled by a few great firms.

Its financial status was that of the chief, if not the only, great

capitalist. Its political influence was also great. This was largely

enlisted on the side of peace at home and stability in business.

Babylonian and Assyrian Laws, Contracts and Letters · 第 15 / 34 段