Mesopotamian Archaeology: An introduction to the archaeology of Mesopotamia and AssyriaHandcock, Percy S. P. (Percy Stuart Peache)
History
Mesopotamian Archaeology: An introduction to the archaeology of Mesopotamia and Assyria
Handcock, Percy S. P. (Percy Stuart Peache)
Iraq -- Antiquities
As in the earlier period, the Babylonians of Khammurabi’s day were
essentially an agricultural people, but since the time of Urukagina,
agriculture had developed enormously, and the relationship of landlord
to tenant, and of employer to labourer, was regulated and fixed by a
number of legal enactments embodied in the code.
Ordinary arable land was let at a fixed rental, the rent being paid in
corn, but the owner was entitled to a deposit, and non-payment of the
rent was a legal debt. The code contains two special provisions, the
effect of which must have been to make the tenant postpone the payment
of his rent as long as possible. The one enacted that if the rent had
not been paid, or if the land had been lent on the share-profit
principle and the crops were destroyed by a storm, the damage done was
shared either equally or proportionally by landlord and tenant. If on
the other hand the rent had been already paid, the tenant could claim no
compensation. The share-profit system was very common, and in such cases
the landlord generally received a half or two-thirds of the crop. But
the inequalities calculated to arise from such a system were obvious,
for though it safeguarded the tenant to some extent, it left the
landlord without remedy in the event of his tenant being an idler, and
to provide for such a case a clause was inserted to the effect that the
negligent small owner should pay an average rent “like his neighbours.”
Often the landlord further secured himself by stipulating in the
contract for the erection of a cottage on the land, or insisted on the
tenant renting a cottage already built there, the cottage to be vacated
on the termination of the lease.
The tenant was empowered to sub-let his ground, the principal landlord’s
consent apparently not being necessary. The landlord was of course
legally entitled to the rent agreed upon in the contract with his
immediate tenant, but provided that was forthcoming, and the ground
properly cultivated, he could raise no objection. Sometimes the landlord
found the seed, the necessary tools, and also the oxen, and in addition
paid a wage to the farmer; in this case the status of the tenant
somewhat resembled that of a gardener in his cottage on an estate
to-day. The seed, the oxen, and everything belonged to his master, and
the penalty for any embezzlement of the same on the part of the tenant
was the amputation of the latter’s hands. Again, if a tenant of this
kind were a rogue, he might hire out the oxen, purloin the provender he
had received from his master for the said oxen, and at the same time
produce no crop: in this case he was liable to a heavy fine, and if he
were insolvent, he was torn to pieces by the oxen on the field which he
had neglected to cultivate.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account