(M457) A settled hamlet soon had its temple. Some think that the god was
ideally landlord of all the village land and that every title represented
simply the rental of the land from the nominal owner. We do indeed find
the temples as owners of vast estates and, like monastic institutions in
the Middle Ages, letting lands and houses. To the temples poor men went
for temporary accommodation for sowing, for wages at harvest-time, and for
ransom from the enemy. These they had a right by custom to receive without
paying interest. Undoubtedly the temples became the first centres of
progressive civilization. The _patêsi_, as chief-priest of the god, was
the regent of the community. In process of time, as villages combined and
grew into towns and districts, the _patêsi_, in virtue of his town’s
supremacy, became the king, who, as regent of the state and representative
of the gods, owned all. We know that, in later times, the king in Babylon
was the adoptive son of Bel-Merodach.(466)
(M458) In historical times no such conditions prevail. Doubtless the
tribal ownership had become theoretically transferred to the god, or to
the town. That the town had a theoretical personality of its own is clear
enough from the oaths sworn to confirm a sale. Men swore by the gods, the
king, and also by Sippara, or Kar Sippara. But there is no indication that
points to the god, or the town, or the king as having any power to
intervene to prevent a sale, or to claim payment for consent. It is clear
that the land was sold subject to its dues, and they were many. But the
private ownership, subject to such reservation, was absolute. The one
danger to a purchaser was that the family of the seller should claim a
right of redemption and annul the sale. Against this the seller undertook
to indemnify him.
(M459) Exact statements as to the rights possessed by the family to
reclaim land sold by a member of the family are not to be found, but they
are to be inferred with certainty from a few notices which we have.
Thus,(467) a man claimed a certain plot of land as ancestral domain which
two others had sold. There are several such cases among the legal
decisions of the First Dynasty of Babylon. In most of the Assyrian deeds
of sale we have a long list of representatives of the seller, who are
explicitly bound not to interfere and attempt to upset the sale.(468)
Their right existed or they would not be called upon to enter into a
contract nor to insist upon it.
Public-domain text, read in full here on John Shaqi.
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