A History of Ancient Near Eastern Law

(Romina) #1

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cial nobles as a reward for their services.^21 In this way veritable lati-
fundia (up to 40 hectares) were created, for example at Tell Billa,^22
practicing intensive stock-farming and progressively replacing the old
wealth based on traditional cereal cultivation.^23 Each estate had to
supply the state with a contingent of troops; the landholder had to
respond to a call to arms in person or by a substitute, and to report
together with his “residents” (u“bùtu). The latter owed service to their
lord and not to the crown. A feudal tenant enjoyed immunity which
allowed him to collect taxes on his own estate and to have royal
corvée and military service performed by his farmers.

2.2.2 In case of death or failure to perform feudal duties, the king
could in theory repossess the land and assign it to another tenant.
A private estate acquired by the state passed into the public domain
and constituted the “share of the palace” (zitti ekalli).^24 This practice
is illustrated by MAL A 45: the wife of a prisoner of war, who is
destitute and has no family to support her, must wait two years for
her husband’s return and ask the public authorities for work in order
to support herself. If her husband had an estate, the local authori-
ties can authorize its sale, assessing the price by the current rate of
land in the area. The transaction may be annulled by the husband
on his return, unless the land has become inalienable by passing into
the public domain.^25

2.3 Taxes


2.3.1 The holder of a feudal tenure owed ilkuservice to the king.
Service was essentially military in character,^26 although convertible
into civilian service in the form of the royal corvée. Sale of a feu-
dal tenure did not necessarily include the obligation to perform the
service; most frequently, the seller continued to occupy the field and
to live from its income, while performing the service on the buyer’s
behalf.^27

(^21) Postgate, Archive of Urad-”erùa.. ., nos. 71–73.
(^22) Finkelstein, “Cuneiform Texts...”; Garelli, “Féodalité.. .,” 13.
(^23) Durand and Charpin, “Remarques.. .,” 153.
(^24) Aynard and Durand, “Documents.. .,” 13–14.
(^25) For the interpretation of this text, see Lafont, “Fief.. .,” 580–84, with bibliography.
(^26) Cf. the examples cited by Postgate, “Ilku.. .,” 299–300.
(^27) Ibid., 307.
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