"The Code Of Hammurabi" - читать интересную книгу автора (Johns Rev Claude Hermann Walter)

There is little trace of serfs in Babylonia, unless the muskinu be
really a serf.
The god of a city was originally owner of its land, which
encircled it with an inner ring of irrigable arable land and an
outer fringe of pasture, and the citizens were his tenants. The god
and his viceregent, the king, had long ceased to disturb tenancy,
and were content with fixed dues in naturalia, stock, money or
service. One of the earliest monuments records the purchase by a
king of a large estate for his son, paying a fair market price and
adding a handsome honorarium to the many owners in costly garments,
plate, and precious articles of furniture. The Code recognizes
complete private ownership in land, but apparently extends the right
to hold land to votaries, merchants (and resident aliens?). But all
land was sold subject to its fixed charges. The king, however, could
free land from these charges by charter, which was a frequent way of
rewarding those who deserved well of the state. It is from these
charters that we learn nearly all we know of the obligations that
lay upon land. The state demanded men for the army and the corvee as
well as dues in kind. A definite area was bound to find a bowman
together with his linked pikeman (who bore the shield for both) and to
furnish them with supplies for the campaign. This area was termed "a
bow" as early as the 8th century B.C., but the usage was much earlier.
Later, a horseman was due from certain areas. A man was only bound
to serve so many (six?) times, but the land had to find a man
annually. The service was usually discharged by slaves and serfs,
but the amelu (and perhaps the muskenu) went to war. The "bows" were
grouped in tens and hundreds. The corvee was less regular. The letters
of Hammurabi often deal with claims to exemption. Religious
officials and shepherds in charge of flocks were exempt. Special
liabilities lay upon riparian owners to repair canals, bridges, quays,
&c. The state claimed certain proportions of all crops, stock, &c. The
king's messengers could commandeer any subject's property, giving a
receipt. Further, every city had its own octroi duties, customs, ferry
dues, highway and water rates. The king had long ceased to be, if
he ever was, owner of the land. He had his own royal estates, his
private property and dues from all his subjects. The higher
officials had endowments and official residences. The Code regulates
the feudal position of certain classes. They held an estate from the
king consisting of house, garden, field, stock and a salary, on
condition of personal service on the king's errand. They could not
delegate the service on pain of death. When ordered abroad they
could nominate a son, if capable, to hold the benefice and carry on
the duty. If there was no son capable, the state put in a locum
tenens, but granted one-third to the wife to maintain herself and
children. The benefice was inalienable, could not be sold, pledged,
exchanged, sublet, devised or diminished. Other land was held of the
state for rent. Ancestral estate was strictly tied to the family. If a
holder would sell, the family had the right of redemption and there
seems to have been no time-limit to its exercise.
The temple occupied a most important position. It received from