A History of Ancient Near Eastern Law

(Romina) #1
is disputed in the Legal Text of Mes. During the interim, the estate
was possibly maintained undivided, being administered by one heir
acting as a trustee (rw≈) for all concerned. Presumably, this trustee
took care that each of the beneficiaries received a share of the
income.^384

6.1.1 State and private ownership
The major landowners are the king and the temples; New Kingdom
land surveys and cadastral lists show that both the king and the var-
ious temples controlled vast tracts of land.^385 The most important of
these texts is the Wilbour Papyrus, a cadastral land survey made by
Egyptian officials surveying and measuring fields in Middle Egypt.^386
Smaller landholders are also a legal or administrative presence. This
text appears to show that in addition to large landowning institu-
tions such as temples, there existed small landholders, with such pro-
fessions as stable masters, soldiers, priests, herdsmen, scribes, and
farmers.^387
It is, however, not always clear who actually cultivated these lands
and what was the nature of the relationship between the individual
farmers and the landholding establishments.^388 The exact terms under
which a farmer worked and held land are poorly understood.^389 It
may be kept in mind that, according to Eyre, since land was inex-
pensive, ownership in itself was not necessarily “a vital factor.”^390
Ultimately, one supposes, all the land, including temple land, was
in the possession of the king, who might theoretically remove it at
any time.

6.1.1.1 Much, if not most such family land was the result of a
grant by the king for some past service. Thus, the pharaoh may
have given to the ancestor of Mes the contested fields as a reward
for military services.^391 There was possibly a military obligation con-

(^384) Cf. ibid.
(^385) E.g., the ¢3-n-t3land would be fields of the pharaoh; see Vittmann, Elephan-
tine.. ., 58. See also Eyre, “Peasants.. .,” 381.
(^386) Baer, “Letters.. .,” 15–16.
(^387) Lorton, “Legal and Social Institutions.. .,” 353. See also Allam, “Women as
Owners.. .,” 128.
(^388) Eyre, “Peasant.. .,” 379.
(^389) Eyre, “Feudal Tenure.. .,” 108.
(^390) Eyre, “Work.. .,” 203–4.
(^391) The admiral Ahmose (Early New Kingdom) declares: “Then I was given five
330 
WESTBROOK_F9_289-359 8/27/03 1:43 PM Page 330

Free download pdf