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From: "June Harris" <>
Subject: Re: [SOUTH-AFRICA] Occupation: BALJU
Date: Sun, 25 Sep 2011 08:45:29 +0200
References: <374PiXRFE5872S04.1316883990@web04.cms.usa.net><001f01cc7b4c$24949530$6dbdbf90$@com>
In-Reply-To: <001f01cc7b4c$24949530$6dbdbf90$@com>


Most Interesting. Thank you


Take care,
June Harris
Reach for the Stars!

-----Original Message-----
From:
[mailto:] On Behalf Of Colin Pretorius
Sent: 25 September 2011 08:27 AM
To:
Subject: Re: [SOUTH-AFRICA] Occupation: BALJU

Hi Keith

The Dutch version is baljuw, but it is a term which has had many variant
spellings over the ages: Bailluw, Baliow, Ballif. The linkage to the
English term Bailiff can be clearly seen in these variants.

A charter granted to the people of Holland on 26.05.1480 by Duke Maximilian
notes in article 9 that [Van Leeuwen] "..no baljuw, schout, nor dikereeve,
within the towns or villages, shall administer justice except in a public
court... " (Source: see 1 below, Van Leeuwen p 353) The baljuw used also
to enjoy 1/3 of all forfeitures occurring in their districts in all corporal
and criminal cases; and for the other two-thirds they were obliged to
account to the Count. (Van Leeuwen, p354)

There was also a "Court of Baljuw and well-born men" - the Hooge Vierskaar.

The South African Legal Dictionary, quoting Van Leeuwen, makes reference to
a Baljuw (or Aesge) in early Frisian law too. (SALD, p 2)

Jan Matthyse's Rechtboek v.d. Briel, written in abt 1400, also makes
reference to the office of Baljuw.

With respect to the word's "ancestry":
Baljuw is most probably derived from the Old French Bailie, which in turn is
derived from medieval Latin bajulus. Bajulus was i.a. the term for someone
who bears burdens, also a letter-bearer (SALD, 60-61)


Sources:
1. Van Leeuwen's Commentaries on Roman Dutch Law, Volume 2, translated from
the original by JG Kotze (appellate div judge) [Van Leeuwen]
2. South African Legal dictionary, WH Somerset Bell [SALD]


Regards

Colin



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