(M454) In looking back upon the primitive state of the country, its
natural features must be taken into account as helping to shape the course
of development. In such a low-lying country as the land between the
Euphrates and the Tigris, floods naturally occur every year. Every spot of
land that stood above the level of the annual floods was thereby marked
out for a residence. Throughout the literature of Babylonia the hill or
the mountain is a refuge and a place protected by the gods. But when the
floods were gone, man’s great need for his land was water. Hence
irrigation was synonymous with cultivation. The unclaimed land grew rank
with grass and natural food for cattle, but dried up to dust in the
summer. Hence the control of the flood, its diversion into desired
channels, regulation, storage, and all the processes implied by canals and
irrigation were forced upon the inhabitants of Babylonia by stern
necessity. The only alternative was to migrate with flocks and herds to
higher lands when the floods came.
(M455) Settled society was ultimately founded upon the cultivation of a
plain. Every eminence might become a hamlet occupied by the abodes of men,
whose fields were water meadows. The meadows which grew their corn lay
around the village and below its level; and beyond those which were needed
to grow crops lay the pastures. But for security the cattle and sheep must
come back, before the floods came, to the village, there to be folded and
fed, as it seems, upon straw and also grain. The land of the village
extended itself in time, as the population grew and needed more corn. More
and more of the unreclaimed land beyond the cornfields was brought into
cultivation and the flocks went farther afield for pasture. This continued
until the pastures forming the outlying ring had met the pastures of
another village.
(M456) Such is an ideal sketch of the growth of land tenure. But in
historical times this simplicity had vanished. Land was owned, not merely
held. It does not appear that pasture was owned, even as late as the First
Dynasty of Babylon. It seems that the flocks were confided to shepherds,
who were bound to bring them back from the pastures and expected to
account for all they took out and for a reasonable increase in the flock
from breeding. The pasture was common land; at any rate, to the
sheep-owners of the same village. No one claims to buy and sell pasture
land, only cultivated land, fields, gardens, and plantations, ultimately
irrigated land. But unreclaimed land, that is, such as only required
cultivation to make it fields and gardens, is often sold, or let, to be
reclaimed. Was this a trespass on the pasture held in common? If so, it
was not resented as such. We do not know yet how a man acquired a title to
such unreclaimed land. Perhaps to have brought it into cultivation
sufficed originally to establish title.
Public-domain text, read in full here on John Shaqi.
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