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OVERVIEW
● Home Page
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BALS NAME
● The Name
ANCESTORS
● Ancestors
of Henry Anton Bals
●
Jürgen
● Tonnies
● Joes Antonius
● Franz Heinrich
● Johann Heinrich
● Franz Joseph
● Theodor
FAMILY
●
Family of Henry & Elizabeth
● Theodore
● Henry F.
● Ella
● Gus
● Tillie
● Hattie
● Herb
● Alfred
● Carl
● Thelma
RICKERT
● Family of
Elizabeth
HENRY & ELIZABETH IN
NEBRASKA
● Details of
Their Life in Nebraska
●1900
Dorchester Precinct Plat Map
● 1918
Crete Twp Plat map
● 1918
Farmers' Directory of Crete
●
Memories of Delmer Patz
Ferdinand
● Ferdinand
in Nebraska
SCHMERLECKE
●
Village History
● Map of
Schmerlecke Area
● Map of
Village
LUSEBRINK
● History
of Lusebrink Farm
●Lusebrink
Chapel
LOWER-SAXON
BAUERNHAUSES
●
SOURCES
●
Bibliography
Anna Bals' Diaries
Website of Bettina Balz
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Saxon Capitulary of 784 AD
See the website
http://thrudheim.org/sahsginotas for the Latin & German text.
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1. It was pleasing to all that the churches of Christ, which are now
being built in Saxony and consecrated to God, should not have less, but
greater and more illustrious honor, than the fanes of the idols had had. |
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2. If any one shall have fled to a church for refuge, let no one presume
to expel him from the church by violence, but he shall be left in peace
until he shall be brought to the judicial assemblage; and on account of
the honor due to God and the saints, and the reverence due to the church
itself, let his life and all his members be granted to him. Moreover,
let him plead his cause as best he can and he shall be judged; and so
let him be led to the presence of the lord king, and the latter shall
send him where it shall have seemed fitting to his clemency. |
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3. If any one shall have entered a church by violence and shall have
carried off anything in it by force or theft, or shall have burned the
church itself, let him be punished by death. |
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4. If any one, out of contempt for Christianity, shall have despised the
holy Lenten fast and shall have eaten flesh, let him be punished by
death. But, nevertheless, let it be taken into consideration by a
priest, lest perchance any one from necessity has been led to eat flesh. |
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5. If any one shall have killed a bishop or priest or deacon, let him
likewise be punished capitally. |
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6. If any one deceived by the devil shall have believed, after the
manner of the pagans, that any man or woman is a witch and eats men, and
on this account shall have burned the person, or shall have given the
person's flesh to others to eat, or shall have eaten it himself, let him
be punished by a capital sentence. |
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7. If any one, in accordance with pagan rites, shall have caused the
body of a dead man to be burned and shall have reduced his bones to
ashes, let him be punished capitally. |
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8. If any one of the race of the Saxons hereafter concealed among them
shall have wished to hide himself unbaptized, and shall have scorned to
come to baptism and shall have wished to remain a pagan, let him be
punished by death. |
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9. If any one shall have sacrificed a man to the devil, and after the
manner of the pagans shall have presented him as a victim to the demons,
let him be punished by death. |
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10. If any one shall have formed a conspiracy with the pagans against
the Christians, or shall have wished to join with them in opposition to
the Christians, let him be punished by death; and whoever shall have
consented to this same fraudulently against the king and the Christian
people, let him be punished by death. |
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11. If any one shall have shown himself unfaithful to the lord king, let
him be punished with a capital sentence. |
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12. If any one shall have ravished the daughter of his lord, let him be
punished by death. |
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13. If any one shall have killed his lord or lady, let him be punished
in a like manner. |
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14. If, indeed, for these mortal crimes secretly committed any one shall
have fled of his own accord to a priest, and after confession shall have
wished to do penance, let him be freed by the testimony of the priest
from death. |
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15. Concerning the lesser chapter all have consented. To each church let
the parishioners present a house and two mansi of land, and for each one
hundred and twenty men, noble and free, and likewise liti [freedmen],
let them give to the same church a man-servant and a maid-servant. |
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16. And this has been pleasing, Christ being propitious, that
whencesoever any receipts shall have come into the treasury, either for
a breach of the peace or for any penalty of any kind, and in all income
pertaining to the king, a tithe shall be rendered to the churches and
priests. |
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17. Likewise, in accordance with the mandate of God, we command that all
shall give a tithe of their property and labor to the churches and
priests; let the nobles as well as the freemen, and likewise the liti,
according to that which God shall have given to each Christian, return a
part to God. |
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18. That on the Lord's day no meetings and public judicial assemblages
shall be held, unless perchance in a case of great necessity or when war
compels it, but all shall go to the church to hear the word of God, and
shall be free for prayers or good works. Likewise, also, on the especial
festivals they shall devote themselves to God and to the services of the
church, and shall refrain from secular assemblies. |
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19. Likewise, it has been pleasing to insert in these decrees that all
infants shall be baptized within a year; and we have decreed this, that
if any one shall have despised to bring his infant to baptism within the
course of a year, without the advice or permission of the priest, if he
is a noble he shall pay 120 solidi to the treasury, if a freeman 60, if
a litus 30. |
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20. If any shall have made a prohibited or illegal marriage, if a noble
60 solidi, if a freeman 30, if a litus 15. |
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21. If any one shall have made a vow at springs or trees or groves, or
shall have made any offerings after the manner of the heathen and shall
have partaken of a repast in honor of the demons, if he shall be a noble
60 solidi, if a freeman 30, if a litus 15; if, indeed they have not the
means of paying at once, they shall be given into the service of the
church until the solidi are paid. |
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22. We command that the bodies of Saxon Christians shall be carried to
the church cemeteries and not to the mounds of the pagans. |
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23. We have ordered that diviners and soothsayers shall be given to the
church and priests. |
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24. Concerning robbers and evildoers, who come from one district looking
for refuge in another. If someone picks them up in his precinct and
keeps them 7 nights, outside of hunting them down, he shall pay our
penalty; similarly, if the district count hides him and does not want to
bring him to legal judgement and therefore cannot absolve himself, he
loses his honor. |
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25. Concerning collateral. In no way shall someone dare to seize
another; and he who does, shall pay the penalty. |
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26. No one shall dare to block the way of a person who comes to us
seeking justice; and if someone attempts to do that, he shall pay our
penalty. |
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27. If a man can find no guarantor, his things shall be held (as
collateral), until he provides a guarantor; if he dares however, during
this restriction to bring (them) into his house, he pays either 10
solidi or a cow as a fine because of this restriction and besides that
he pays, for which he stands as a debtor; if however the guarantor does
not observe the fixed day (of repayment), then he himself suffers
damages in the same amount as his debtor; however, he who stands as
debtor to the guarantor, reimburses double the amount, since he let the
guarantor fall into debt. |
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28. Concerning rewards and gifts. Gifts from an innocent shall no one
take, and if someone dares to do this, he shall pay our penalty and if,
furthermore, the district count does it, he shall lose his honor. |
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29. All the district counts should earnestly attempt to keep the peace
and harmony among one another; and if perhaps some kind of discord or
breakup ensues among them, they should not avoid our assistance or help. |
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30. If someone kills a district count or gives advice about his killing,
his inheritance shall fall to the king's share, and he shall hand over
his legal claim. |
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31. We give the district counts the power, within their realm to fix the
penalty due to feuds or due to more serious cases at 60 solidi. Due to
lesser cases however, we fix the penalty of the district counts at 15
solidi. |
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32. If someone owes some other man an oath taking, he shall vow to him
the oath taking in the church on the fixed day, and if he scorns to
swear it, he shall vow, he proved to be liable, (payment) by his
faithfulness and shall be penalized 15 solidi, and on top of it he shall
completely pay the debt. |
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33. Concerning perjuries, let it be according to the law of the Saxons. |
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34. We have forbidden that all the Saxons shall hold public assemblies
in general, unless perchance our missus shall have caused them to come
together in accordance with our command; but each count shall hold
judicial assemblies and administer justice in his jurisdiction. And this
shall be cared for by the priests, lest it be done otherwise. |
Latin and German
versions are from Die Gesetze des Karolingerreiches 714-911 by Karl
August Eckhardt, 1934, Weimar.
The English versions of 1-23 and 33-34 are from
Capitulary for Saxony 775-790. In Boretius, No. 26, p. 68, trans. by D. C.
Munro in - University of Pennsylvania. Dept. of History: Translations and
Reprints from the Original Sources of European history, published for the Dept.
of History of the University of Pennsylvania., Philadelphia, University of
Pennsylvania Press [1900]. Vol. VI, No. 5, pp. 2-4.
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