Chapter V: Front Matter (5)

DOMENICHINO (or DOMENICO), ZAMPIERI (1581-1641), Italian painter, born at Bologna, on the 21st of October 1581, was the son of a shoemaker. The diminutive form of Christian name by which he is constantly known indicates his short stature. He was placed, when young, under the tuition of Denis Calvart; but having been treated with great severity by that master, he left him, and became a pupil in the academy of the Caracci, under Agostino. Towards the beginning of the 17th century he went to Rome, at the invitation of his fellow-pupil and intimate Albani, and prosecuted his studies under Annibale Caracci. The faculty of Domenichino was slow in its development. He was at first timid and distrustful of his powers; while his studious, unready and reserved manners were misunderstood by his companions for dulness, and he obtained the nickname of the "Ox" (Bue). But Annibale Caracci, who observed his faculties with more attention, predicted that the apparent slowness of Domenichino's genius would in time produce what would be an honour to the art of painting. When his early productions had brought him into notice, he studied with extreme application, and made such advance as to raise his works into a comparison with those of the most admired masters of the time. From his acting as a continual censor of his own works, he became distinguished amongst his fellow-pupils as an accurate and expressive designer; his colours were the truest to nature; Mengs, indeed, found nothing to desire in his works, except a somewhat larger proportion of elegance. That he might devote his whole powers to the art, Domenichino shunned all society; or, if he occasionally sought it in the public theatres and walks, this was in order better to observe the play of the passions in the features of the people--those of joy, anger, grief, terror and every affection of the mind--and to commit them vividly to his tablets; thus, says Bellori, it was that he succeeded in delineating the soul, in colouring life, and calling forth heartfelt emotions, at which all his works aim. In personal character he is credited with temperance and modesty; but, besides his want of sociability, he became somewhat suspicious, and jealous of his master.

In Rome, Domenichino obtained employment from Cardinals Borghese, Farnese and Aldobrandini, for all of whom he painted works in fresco. The distinguished reputation which he had acquired excited the envy of some of his contemporaries. Lanfranco in particular, one of his most inveterate enemies, asserted that his celebrated "Communion of St Jerome" (painted for the church of La Carita towards 1614, for a pittance of about ten guineas, now in the Vatican Gallery, and ordinarily, but most irrationally, spoken of as the second or third best oil picture in the world) was an imitation from Agostino Caracci; and he procured an engraving of this master's picture of the same subject (now in the Gallery of Bologna), copies of which were circulated for the purpose of proving that Domenichino was a plagiarist. There is in truth a very marked resemblance between the two compositions. The pictures which Zampieri painted immediately afterwards, representing subjects from the life of St Cecilia, only increased the alarm of his competitors, and redoubled their injustice and malignity. Disgusted with these cabals, he left Rome for Bologna, where he remained until he was recalled by Pope Gregory XV., who appointed him principal painter and architect to the pontifical palace. In this architectural post he seems to have done little or nothing, although he was not inexpert in the art. He designed in great part the Villa di Belvedere at Frascati, and the whole of the Villa Ludovisi, and some other edifices. From 1630 onwards Domenichino was engaged in Naples, chiefly on a series of frescoes (never wholly completed) of the life of St Januarius in the Cappella del Tesoro. He settled in that city with his family, and opened a school. There the persecution against him became far more shameful than in any previous instance. The notorious so-called "Cabal of Naples"--the painters Corenzio, Ribera and Caracciolo--leagued together as they were to exclude all alien competition, plagued and decried the Bolognese artist in all possible ways; for instance, on returning in the morning to his fresco work, he would find not infrequently that someone had rubbed out the performance of the previous day. Perpetual worry is believed to have brought the life of Domenichino to a close; contemporary suspicion did not scruple to speak broadly of poison, but this has remained unconfirmed. He died in Naples, after two days' illness, on the 15th of April 1641.

Domenichino, in correctness of design, expression of the passions, and simplicity and variety in the airs of his heads, has been considered little inferior to Raphael; but in fact there is the greatest gulf fixed between the two. Critics of the 18th century adulated the Bolognese beyond all reason or toleration; he is now regarded as commonplace in mind and invention, lacking any innate ideality, though undoubtedly a forcible, resolute and learned executant. "We must," says Lanzi, "despair to find paintings exhibiting richer or more varied draperies, details of costume more beautifully adapted, or more majestic mantles. The figures are finely disposed both in place and action, conducing to the general effect; whilst a light pervades the whole which seems to rejoice the spirit, growing brighter and brighter in the aspect of the best countenances, whence they first attract the eye and heart of the beholder. The persons delineated could not tell their tale to the ear more plainly than they speak it to the eye. The 'Scourging of St Andrew,' which he executed in competition with Guido Reni at Rome (a fresco in the church of San Gregorio), is a powerful illustration of this truthful expression. Of the two works of these masters, Annibale Caracci preferred that of Domenichino. It is said that in painting one of the executioners the artist actually wrought himself into a passion, using threatening words and actions, and that Annibale Caracci, surprising him at that moment, embraced him, exclaiming with joy, 'To-day, my dear Domenichino, thou art teaching me.' So novel, and at the same time so natural, it appeared to him that the artist, like the orator, should feel within himself all that he is representing to others." Domenichino is esteemed the most distinguished disciple of the Caracci, or second only to Guido Reni. Algarotti preferred him to the greatest masters; and Nicolas Poussin considered the painter of the "Communion of St Jerome" to be the first after Raphael. His pictures of "Adam and Eve," and the "Martyrdom of St Agnes," in the Gallery of Bologna, are amongst his leading works. Others of superior interest are his first known picture, a fresco of the "Death of Adonis," in the Loggia of the Giardino Farnese, Rome; the "Martyrdom of St Sebastian," in Santa Maria degli Angeli; the "Four Evangelists," in Sant' Andrea della Valle; "Diana and her Nymphs," in the Borghese gallery; the "Assumption of the Virgin," in Santa Maria di Trastevere; and frescoes in the neighbouring abbey of Grotta Ferrata, lives of SS. Nilus and Bartholomew. His portraits are also highly reputed. It is admitted that in his compositions he often borrowed figures and arrangements from previous painters. Domenichino was potent in fresco. He excelled also in landscape painting. In that style (in which he was one of the earliest practitioners) the natural elegance of his scenery, his trees, his well-broken grounds, the character and expression of his figures, gained him as much public admiration as any of his other performances.

See Bolognini, _Life of Domenichino_ (1839); C. Landon, _Works of
Domenichino, with a Memoir_ (1823). (W. M. R.)

DOMESDAY BOOK, or simply DOMESDAY, the record of the great survey of England executed for William the Conqueror. We learn from the English Chronicle that the scheme of this survey was discussed and determined in the Christmas assembly of 1085, and from the colophon of Domesday Book that the survey (_descriptio_) was completed in 1086. But Domesday Book (_liber_) although compiled from the returns of that survey, must be carefully distinguished from them; nor is it certain that it was compiled in the year in which the survey was made. For the making of the survey each county was visited by a group of royal officers (_legati_), who held a public inquiry, probably in the great assembly known as the county court, which was attended by representatives of every township as well as of the local lords. The unit of inquiry was the Hundred (a subdivision of the county which had then an administrative entity), and the return for each Hundred was sworn to by twelve local jurors, half of them English and half Normans. What is believed to be a full transcript of these original returns is preserved for several of the Cambridgeshire Hundreds, and is of great illustrative importance. The _Inquisitio Eliensis_, the "Exon Domesday" (so called from the preservation of the volume at Exeter), and the second volume of Domesday Book, also all contain the full details which the original returns supplied.

The original MS. of Domesday Book consists of two volumes, of which the second is devoted to the three eastern counties, while the first, which is of much larger size, comprises the rest of England except the most northerly counties. Of these the north-westerly portion, which had Carlisle for its head, was not conquered till some years after the survey was made; but the omission of Northumberland and Durham has not been satisfactorily explained. There are also no surveys of London, Winchester and some other towns. For both volumes the contents of the returns were entirely rearranged and classified according to fiefs. Instead of appearing under the Hundreds and townships they now appeared under the names of the local "barons," i.e. those who held the lands directly of the crown in fee. In each county the list opened with the holding of the king himself (which had possibly formed the subject of separate inquiry); then came those of the churchmen and religious houses; next were entered those of the lay tenants-in-chief (_barones_); and last of all those of women, of the king's serjeants (_servientes_), of the few English "thegns" who retained land, and so forth. In some counties one or more principal towns formed the subject of a separate section; in some the _clamores_ (disputed titles to land) were similarly treated apart. But this description applies more specially to the larger and principal volume; in the smaller one the system is more confused, the execution less perfect. The two volumes are distinguished even more sharply by the exclusion, in the larger one, of certain details, such as the enumeration of the live stock, which would have added greatly to its size. It has, indeed, been suggested that the eastern counties' volume represents a first attempt, and that it was found impossible, or at least inconvenient, to complete the work on the same scale.

For the object of the survey we have three sources of information: (1) the passage in the English Chronicle, which tells us why it was ordered, (2) the list of questions which the jurors were asked, as preserved in the _Inquisitio Eliensis_, (3) the contents of Domesday Book and the allied records mentioned above. Although these can by no means be reconciled in every detail, it is now generally recognized that the primary object of the survey was to acertain and record the fiscal rights of the king. These were mainly (1) the national land-tax (_geldum_), paid on a fixed assessment, (2) certain miscellaneous dues, (3) the proceeds of the crown lands. After a great political convulsion such as the Norman conquest, and the wholesale confiscation of landed estates which followed it, it was William's interest to make sure that the rights of the crown, which he claimed to have inherited, had not suffered in the process. More especially was this the case as his Norman followers were disposed to evade the liabilities of their English predecessors. The Domesday survey therefore recorded the names of the new holders of lands and the assessments on which their tax was to be paid. But it did more than this; by the king's instructions it endeavoured to make a national valuation list, estimating the annual value of all the land in the country, (1) at the time of King Edward's death, (2) when the new owners received it, (3) at the time of the survey, and further, it reckoned, by command, the potential value as well. It is evident that William desired to know the financial resources of his kingdom, and probable that he wished to compare them with the existing assessment, which was one of considerable antiquity, though there are traces that it had been occasionally modified. The great bulk of Domesday Book is devoted to the somewhat arid details of the assessment and valuation of rural estates, which were as yet the only important source of national wealth. After stating the assessment of the manor, the record sets forth the amount of arable land, and the number of plough-teams (each reckoned at eight oxen) available for working it, with the additional number (if any) that might be employed; then the river-meadows, woodland, pasture, fisheries (i.e. weirs in the streams), water-mills, saltpans (if by the sea) and other subsidiary sources of revenue; the peasants are enumerated in their several classes; and finally the annual value of the whole, past and present, is roughly estimated. It is obvious that, both in its values and in its measurements, the survey's reckoning is very crude.

Apart from the wholly rural portions, which constitute its bulk, Domesday contains entries of interest concerning most of the towns, which were probably made because of their bearing on the fiscal rights of the crown therein. These include fragments of custumals, records of the military service due, of markets, mints, and so forth. From the towns, from the counties as wholes, and from many of its ancient lordships, the crown was entitled to archaic dues in kind, such as honey. The information of most general interest found in the great record is that on political, personal, ecclesiastical and social history, which only occurs sporadically and, as it were, by accident. Much of this was used by E. A. Freeman for his work on the Norman Conquest. Although unique in character and of priceless value to the student, Domesday will be found disappointing and largely unintelligible to any but the specialist. Even scholars are unable to explain portions of its language and of its system. This is partly due to its very early date, which has placed between it and later records a gulf that is hard to bridge.

But in the _Dialogus de scaccario_ (_temp._ Hen. II.) it is spoken of as a record from the arbitrament of which there was no appeal (from which its popular name of "Domesday" is said to be derived). In the middle ages its evidence was frequently invoked in the law-courts; and even now there are certain cases in which appeal is made to its testimony. To the topographer, as to the genealogist, its evidence is of primary importance; for it not only contains the earliest survey of a township or manor, but affords in the majority of cases the clue to its subsequent descent. The rearrangement, on a feudal basis, of the original returns (as described above) enabled the Conqueror and his officers to see with ease the extent of a baron's possessions; but it also had the effect of showing how far he had enfeoffed "under-tenants," and who those under-tenants were. This was of great importance to William, not only for military reasons, but also because of his firm resolve to make the under-tenants (though the "men" of their lords) swear allegiance directly to himself. As Domesday normally records only the Christian name of an under-tenant, it is vain to seek for the surnames of families claiming a Norman origin; but much has been and is still being done to identify the under-tenants, the great bulk of whom bear foreign names.

Domesday Book was originally preserved in the royal treasury at Winchester (the Norman kings' capital), whence it speaks of itself (in one later addition) as _Liber de Wintonia_. When the treasury was removed to Westminster (probably under Henry II.) the book went with it. Here it remained until the days of Queen Victoria, being preserved from 1696 onwards in the Chapter House, and only removed in special circumstances, as when it was sent to Southampton for photozincographic reproduction. It was eventually placed in the Public Record Office, London, where it can be seen in a glass case in the museum. In 1869 it received a modern binding. The ancient Domesday chest, in which it used to be kept, is also preserved in the building.

The printing of Domesday, in "record type," was begun by government in 1773, and the book was published, in two volumes fol. in 1783; in 1811 a volume of indexes was added, and in 1816 a supplementary volume, separately indexed, containing (1) the "Exon Domesday" (for the south-western counties), (2) the _Inquisitio Eliensis_, (3) the _Liber Winton_ (surveys of Winchester early in the 12th century), and (4) the _Boldon Book_--a survey of the bishopric of Durham a century later than Domesday. Photographic facsimiles of Domesday Book, for each county separately, were published in 1861-1863, also by government.

BIBLIOGRAPHY.--The following are the more important works to be
consulted:--R. Kelham, _Domesday Book_, illustrated (1788); H. Ellis,
_General Introduction to Domesday Book_ (1833), 2 vols., containing
valuable indexes to the names of persons; N. E. S. A. Hamilton,
_Inquisitio Cantabrigiensis_ (1876), containing the only transcripts
of the original returns and the text of the _Inquisitio Eliensis_; E.
A. Freeman, _History of the Norman Conquest_, vols. iv. and v.; F.
Seebohm, _The English Village Community_ (1883); _Domesday Studies_, 2
vols. (1888, 1891), on the occasion of the Domesday Commemoration
(1886), by various writers, with bibliography to date; J. H. Round,
_Feudal England_ (1895); F. W. Maitland, _Domesday Book and Beyond_
(1897); P. Vinogradoff, _Villainage in England_ (1892) and _Growth of
the Manor_; A. Ballard, _The Domesday Boroughs_ (1904) and _The
Domesday Inquest_ (1906), an excellent summary; W. H. Stevenson, "A
contemporary description of the Domesday Survey" in _The English
Historical Review_ (the general index to which should be consulted)
(1907). _The Victoria County History_ contains a translation of the
Domesday text, a map, and an explanatory introduction for each county.
(J. H. R.)

DOMESTIC RELATIONS, a term used to express the legal relations subsisting between the various units that comprise the family or domestic group. Those units which go to build up the domestic structure of modern society are parent, child, husband, wife, master and servant. The law which deals with the various relations subsisting between them is made up largely of the law of agency, of contract and of tort. See HUSBAND AND WIFE; MASTER AND SERVANT; CHILDREN, _Law relating to_; INFANT.

DOMETT, ALFRED (1811-1887), British colonial statesman and poet, was born at Camberwell Grove, Surrey, on the 20th of May 1811. He entered St John's College, Cambridge, but left the university in 1833. He published one or two volumes of poetry and contributed several poems to _Blackwood's Magazine_, one of which, "A Christmas Hymn," attracted much admiring attention. For ten years he lived a life of ease in London, where he became the intimate friend of Robert Browning, of whose poem "Waring" he was the subject. An interesting account of the friendship between the two men appeared in _The Contemporary Review_ for January 1905, by W. H. Griffin. (See also _Robert Browning and Alfred Domett_, edited by F. G. Kenyon, 1906). In 1842 Domett emigrated to New Zealand where he filled many important administrative posts, being colonial secretary for New Munster in 1848, secretary for the colony in 1851, and prime minister in 1862. He returned to England in 1871, was created C.M.G. in 1880, and died on the 2nd of November 1887. Among his books of poetry, _Ranolf and Amohia, a South Sea Day Dream_, is the best known (1872), and _Flotsam and Jetsam_ (1877) is dedicated to Browning.

DOMFRONT, a town of north-western France, capital of an arrondissement in the department of Orne, 43 m. W.N.W. of Alencon by rail. Pop. (1906) of the town, 2215; of the commune, 4663. The town, which is picturesquely situated on a bluff overlooking the Varenne, has a church, Notre-Dame-sur-l'Eau, dating from the 11th century. In the middle ages it was one of the chief strongholds in Normandy, and there still remain several towers of its ramparts, and ruins of the keep of its castle built in 1011, rebuilt in the 12th century by Henry II., king of England, and dismantled at the end of the 16th century. The town is the seat of a sub-prefect, and has a tribunal of first instance and a communal college. Cloth is manufactured, and there are granite quarries in the vicinity. Domfront is said to have grown up in the 6th century round the oratory of the hermit St Front, and played an important part in the wars against the English and the Religious Wars. In 1574 it was occupied by the Protestant leader Gabriel de Montgomery, who after a stubborn siege was forced to yield it to Jacques Goyon, count of Matignon.

DOMICILE (Lat. _domicilium_, from _domus_, home), in law, a term which may be defined generally as the place of a man's permanent abode; a precise definition is a matter of acknowledged difficulty. Its use in Roman jurisprudence was to fix the jurisdiction to which a person was subject generally, not by reason of a particular circumstance, as the place where a contract was made or where property is situate. Hence it was admitted that a person might have as many domiciles as he had residences possessing some degree of permanence. In the middle ages, when a great diversity of laws had arisen, questions concerning personal status, as the age of majority or the capacity to contract a given marriage, came naturally to depend on the law to which the person was subject by reason of the general jurisdiction over him; and questions relating to the various items of his movable property grouped together, as those of his testamentary capacity or of the succession on his intestacy, had to be considered from a similarly personal point of view. There resulted a general agreement that a man's legal character, so to speak, should be determined by his domicile, and this introduced a stricter notion of domicile, allowing each person to have but one. He might be subjected without great inconvenience to more than one jurisdiction, but not to more than one law. This is the position which domicile now holds in English jurisprudence. It is the criterion of the law applicable in a large class of cases, and it must be single for each person; and English courts have continually to struggle with the difficulty of selecting his domicile from among the various places in any of which he may be said to reside.

Since the beginning of the 19th century most of the leading continental states have unified their internal laws; and attachment to a province by domicile having thus become an unnecessary consideration, they have adopted political nationality as the criterion of the law to be applied in most of the questions which used to depend on domicile. Thus as between themselves they have greatly simplified the determination of those questions, but a similar elimination of domicile is impossible in what concerns British subjects, because the British empire continues to include a great variety of laws, as those of England, Scotland, the province of Quebec, the Cape Colony, &c. Within the British dominions domicile is the only available criterion of the legal character of a British subject, and all British courts continue to apply the same criterion to British subjects outside those dominions and to foreigners, so that, for example, the age of majority of a British subject or of a Frenchman domiciled in Germany would be referred by a British court to German law. Indeed so deeply is the principle of domicile seated in British law that only legislative action could allow a British court to substitute a new principle. And even a French, Italian or German court, applying political nationality as its new criterion to the legal character of a British subject, could obtain no definite result unless it supplemented that criterion by the old one, domicile, in order to connect the person in question with one of the legal systems existing in the British dominions.

Again, so long as the change of the criterion has not become universal, a new question is introduced by its having been made in some countries only. Denmark being one of those European states which still adhere to the principle of domicile, we will take it as an example in order not to complicate the illustration by such differences of internal law as exist in the British dominions. Suppose that a Danish court has to decide on the age of majority of a Danish subject domiciled in France, Italy or Germany. Its rule refers the question to the law of the domicile, and the law of the domicile refers it back to the law of the political nationality. What is to be done? This and all other questions relating to the application of the principle of domicile, which has been only summarily indicated, are treated under INTERNATIONAL LAW (Private). Here we shall deal briefly with the determination of domicile itself.

The Roman jurists defined domicile to be the place "ubi quis larem rerumque ac fortunarum summam constituit; unde rursus non sit discessurus si nihil avocet: unde cum profectus est, peregrinari videtur: quo si rediit peregrinari jam destitit." This makes that place the domicile which may be described as the headquarters of the person concerned; but a man's habits of life may point to no place, or may point equally to two places, as his headquarters, and the connexion of domicile with law requires that a man shall always have a domicile, and never more than one. The former of these difficulties is met in the manner described by Lord Westbury in _Udny_ v. _Udny_ (_Law Reports_, 1 House of Lords, Scottish Appeals). "It is," he said, "a settled principle that no man shall be without a domicile, and to secure this end the law attributes to every individual as soon as he is born the domicile of his father, if the child be legitimate, and the domicile of his mother, if the child be illegitimate. This is called the domicile of origin, and is involuntary. It is the creation of the law, not of the party. It may be extinguished by act of law, as for example by sentence of death or exile for life, which destroys the _status civilis_ of the criminal; but it cannot be destroyed by the will and act of the party. Domicile of choice is the creation of the party. When a domicile of choice is acquired, the domicile of origin is in abeyance, but is not absolutely extinguished or obliterated. When a domicile of choice is abandoned, the domicile of origin revives, a special intention to revert to it not being necessary. A natural-born Englishman may domicile himself in Holland, but if he breaks up his establishment there and quits Holland, declaring that he will never return, it is absurd to suppose that his Dutch domicile clings to him until he has set up his tabernacle elsewhere." If to this we add that legitimate minors follow the changes of the father's domicile and a married woman follows the domicile of her husband, also that compulsory detention will not create a domicile, the outlines of involuntary domicile will have been sufficiently sketched.

For the establishment of a domicile of choice there must be both _animus_ and _factum_, intention and fact. The fact need not be more than arrival in the territory of the new domicile if there be the necessary intention, while any number of years' continuance there will not found a domicile if the necessary intention is absent. As the result of the most recent English and Scottish cases it may be laid down that the necessary intention is incompatible with the contemplation by the person in question of any event on the occurrence of which his residence in the territory in question would cease, and that if he has not formed a fixed and settled purpose of settling in that territory, at least his conduct and declarations must lead to the belief that he would have declared such a purpose if the necessity of making an election between that territory and his former one had arisen. The word territory, meaning a country having a certain legal system, is used advisedly, for neither the intention nor the fact need refer to a locality. It is possible that a Scotsman or a foreigner may have clearly established a domicile of choice in England, although it may be impossible to say whether London, Brighton or a house in the country is his true or principal residence. What is here laid down has been gradually attained. In the older English cases an intention to return to the former domicile was not excluded, if the event on which the return depended was highly uncertain and regarded by the person in question as remote. Afterwards a tendency towards the opposite extreme was manifested by requiring for a domicile of choice the intention to associate oneself with the ideas and habits of the new territory--_Quatenus in illo exuere patriam_, not in the political sense, which it was never attempted to connect with change of domicile, but in the social and legal sense. At present it is agreed that the only intention to be considered is that of residence, but that, if the intention to reside in the territory be proved to amount to what has been above stated, a domicile will be acquired from which the legal consequences will follow, even defeating intentions about them so clearly expressed as, for instance, by making a will which by reason of the change of domicile is invalid. The two most important cases are _Douglas_ v. _Douglas_, 1871, L. R. 12 Equity 617, before Vice-chancellor Wickens, and _Winans_ v. _Att. Gen._, 1904, Appeal Cases 287, before the House of Lords.

When the circumstances of a person's life point to two territories as domiciles, the selection of the one which alone can fill that character often leads to appeals even up to the highest court. The residence of a man's wife and family as contrasted with his place of business, his exercise of political or municipal functions, and any conduct which tends to connect his children with a given country, as by their education or the start given them in life, as well as other indications, are often cited as important; but none of them are in themselves decisive. The situation must be considered as a whole. When the question is between the domicile of origin and an alleged one of choice, its solution is rendered a little easier than it is when the question is between two alleged domiciles of choice, the burden of proof lying on the party which contends that the domicile of origin has been abandoned.

In the state of the law which has been described it will not be found surprising that an act of parliament, 24 & 25 Vict. c. 121, recites that by the operation of the law of domicile the expectation and belief of British subjects dying abroad with regard to the distribution of their property are often defeated, and enacts that when a convention to that effect has been made with any foreign country, no British subject dying in such country shall be deemed to have acquired a domicile therein, unless he has been resident in such country for one year previous to death and has made a declaration in writing of his intention to become domiciled; and that British subjects so dying without having so resided and made such declaration shall be deemed for all purposes of testate or intestate succession as to movables to retain the domicile they possessed at the time of going to reside in such foreign country. Similar exemptions are conferred on the subjects of the foreign state dying in Great Britain or Ireland. But the act does not apply to foreigners who have obtained letters of naturalization in any part of the British dominions. It has not been availed of, and is indeed an anachronism, ignoring as it does the fact that domicile has no longer a world-wide importance, owing to the substitution for it of political nationality as a test of private law in so many important countries. The United States of America is not one of those countries, but there the importance of domicile suffers from the habit of referring questions of capacity to the law of the place of contract instead of to any personal law. (JNO. W.)

DOMINIC, SAINT (1170-1221), founder of the Dominican Order of Preaching Friars, was born in 1170 at Calaroga in Old Castile. He spent ten or twelve years in study, chiefly theological, at Palencia, and then, about 1195, he was ordained and became a canon in the cathedral chapter of Osma, his native diocese. The bishop induced his canons to follow the Rule of St Augustine and thus make themselves Augustinian Canons (q.v.); and so Dominic became a canon regular and soon the prior or provost of the cathedral community. The years from 1195 to 1203 have been filled up with fabulous stories of missions to the Moors; but Dominic stayed at Osma, preaching much in the cathedral, until 1203, when he accompanied the bishop on an embassy in behalf of the king of Castile to "The Marches." This has commonly been taken as Denmark, but more probably it was the French or Italian Marches. When the embassy was over, the bishop and Dominic repaired to Rome, and Innocent III. charged them to preach among the Albigensian heretics in Languedoc. For ten years (1205-1215) this mission in Languedoc was the work of Dominic's life.

The Albigenses (q.v.) have received much sympathy, as being a kind of pre-Reformation Protestants; but it is now recognized that their tenets were an extreme form of Manichaeism. They believed in the existence of two gods, a good (whose son was Christ) and an evil (whose son was Satan); matter is the creation of the evil principle, and therefore essentially evil, and the greatest of all sins is sexual intercourse, even in marriage; sinful also is the possession of material goods, and the eating of flesh meat, and many other things. So great was the abhorrence of matter that some even thought it an act of religion to commit suicide by voluntary starvation, or to starve children to death (see article "Neu-Manichaer" by Otto Zockler in ed. 3 of Herzog's _Realencyklopadie fur protestantische Theologie_ (1903); or c. iii. of Paul Sabatier's _Life of St Francis_). Such tenets were destructive not only of Catholicism but of Christianity of any kind and of civil society itself; and for this reason so unecclesiastical a person as the emperor Frederick II. tried to suppress the kindred sects in Italy. In 1208, after the murder of a papal legate, Innocent III. called on the Christian princes to suppress the Albigensian heresy by force of arms, and for seven years the south of France was devastated by one of the most bloodthirsty wars in history, the Albigenses being slaughtered by thousands and their property confiscated wholesale.

During this time, it is the judgment of the most recent Protestant writer on St Dominic that, though keeping on good terms with Simon de Montfort, the leader, and praying for the success of the crusaders' arms during the battle of Muret, "yet, so far as can be seen from the sources, Dominic took no part in the crusade, but endeavoured to carry his spiritual activity on the same lines as before. The oldest trustworthy sources know nothing of his having exercised the office of Inquisitor during the Albigensian war" (Grutzmacher). This verdict of a fair-minded and highly competent Protestant church historian on the most controverted point of Dominic's career is of great value. His method was to travel over the country on foot and barefooted, in extreme poverty, simplicity and austerity, preaching and instructing in highways and villages and towns, and in the castles of the nobility, controverting and discussing with the heretics. He used often to organize formal disputations with Albigensian leaders, lasting a number of days. Many times plots were laid against his life. Though in his ten years of preaching a large number of converts were made, it has to be said that the results were not such as had been hoped for, and after it all, and after the crusade, the population still remained at heart Albigensian. A sense of failure appears in Dominic's last sermon in Languedoc: "For many years I have exhorted you in vain, with gentleness, preaching, praying and weeping. But according to the proverb of my country, 'where blessing can accomplish nothing, blows may avail.' We shall rouse against you princes and prelates, who, alas, will arm nations and kingdoms against this land ... and thus blows will avail where blessings and gentleness have been powerless." The threat that seems to be conveyed in these words, of trying to promote a new crusade, was never carried out; the remaining years of Dominic's life were wholly given up to the founding of his order.

The Order of Dominicans grew out of the little band of volunteers that had joined Dominic in his mission among the Albigenses. He had become possessed with the idea of addressing wider circles and of forming an order whose vocation should be to preach and missionize throughout the whole world. By 1214 the nucleus of such an institute was formed round Dominic and was known as the "Holy Preaching." In 1215 the bishop of Toulouse, Dominic's great friend, established them in a church and house of the city, and Dominic went to Rome to obtain the permission of Innocent III. to found his order of preachers. The course of events is traced in the article DOMINICANS. After three years, in 1218, the full permission he desired was given by Honorius III. These last years of his life were spent in journeying backwards and forwards between Toulouse and Rome, where his abode was at the basilica of Santa Sabina on the Aventine, given to him by the pope; and then in extended journeys all over Italy, and to Paris, and into Spain, establishing friaries and organizing the order wherever he went. It propagated and spread with extraordinary rapidity, so that by Dominic's death in 1221, only five or six years after the first practical steps towards the execution of the idea, there were over 500 friars and 60 friaries, divided into 8 provinces embracing the whole of western Europe. Thus Dominic was at his death able to contemplate his great creation solidly established, and well launched on its career to preach to the whole world.

It appears that at the end of his life Dominic had the idea of going himself to preach to the heathen Kuman Tatars on the Dnieper and the Volga. But this was not to be; he was worn out by the incessant toils and fatigues and austerities of his laborious life, and he died at his monastery at Bologna, on the 6th of August 1221. He was canonized in 1234 by Gregory IX., who, as Cardinal Ugolino, had been the great friend and supporter both of Dominic and of Francis of Assisi. As St Dominic's character and work do not receive the same general recognition as do St Francis of Assisi's, it will be worth while to quote from the appreciation by Prof. Grutzmacher of Heidelberg:--"It is certain that Dominic was a noble personality of genuine and true piety.... Only by the preaching of pure doctrine would he overcome heretics.... He was by nature soft-hearted, so that he often shed tears through warm sympathy.... In the purity of his intention and the earnestness with which he strove to carry out his ideal, he was not inferior to Francis."

The chief sources for St Dominic's life are the account by Jordan of
Saxony, his successor as master-general of the order, and the evidence
of the witnesses at the Process of Canonization,--all in the
Bollandists' _Acta sanctorum_, Aug. 4. Probably the best modern Life
is that by Jean Guiraud, in the series _Les Saints_ (translated into
English by Katharine de Mattos, 1901); the bibliography contains a
useful list of the chief sources for the history of St Dominic and the
order, and of the best modern works thereon. See also the article
"Dominicus" in ed. 2 of Wetzer and Welte, _Kirchenlexicon_, and
Grutzmacher's excellent article "Dominikus," in ed. 3 of Herzog,
_Realencyklopadie fur protestantische Theologie_, already referred to.
(E. C. B.)

DOMINICA, the largest of the five presidencies in the colony of the Leeward Islands, British West Indies. It lies in 15 deg. 30' N. and 61 deg. 20' W., between the French islands of Martinique and Guadeloupe, at a distance of about 25 m. from each, is 29 m. long, has a maximum breadth of 16 m. and an area of 291 sq. m. A range of lofty rugged mountains traverses the island from N. to S., broken in the centre by a narrow plain drained by the rivers Layou and Pagoua, flowing W. and E. respectively. The highest point is Morne Diablotin (5314 ft.), situated in the northern half of the range. Signs of volcanic activity abound in the shape of solfataras, subterranean vapours and hot springs; while in the south is the greatest natural curiosity, the renowned Boiling Lake. It lies on the mountain side, 2300 ft. above the sea, its banks are steep and its depth unknown, being more than 300 ft. at a short distance from the margin. Its seething waters are often forced 3 ft. above the normal level by the pressure of the escaping gases; and the fumes rising from the lake are occasionally poisonous. The island is botanically remarkable for its great number of peculiar species, offering in this respect a marked contrast to the poverty of the adjacent islands. The hills are covered with valuable timber, while coffee, limes, oranges, india-rubber trees, spices and all tropical fruits grow luxuriantly in the rich brown mould of the lowlands. There are some thirty streams of considerable size, besides numerous mountain torrents, and this abundance of water renders the island very fertile. The fisheries are productive, and honey and wax are furnished by wild bees, originally introduced from Europe. The temperature varies from 78 deg. to 86 deg. F. in the hot season from August to October, and from 72 deg. to 84 deg. in the cooler months; the rainfall varies in different parts from 50 to 162 in. per annum, but the porous soil soon absorbs the rain, rendering the atmosphere dry and invigorating.

The manufactures include sugar, lime-juice and essential oils; the exports are coffee, cocoa, sugar, limes and lime-juice, essential oils and fruit of all kinds. The inhabitants in 1901 numbered 28,894. The majority are negroes; the whites are of French and British descent. There are also a few Caribs, the remnant of the aboriginal population. A French _patois_ is the language of the peasantry, but English is generally understood. The capital, Roseau (5764), is a fortified town and a port; Portsmouth, the only other town, possesses the better harbour in Prince Rupert's Bay on the north-west. In religion the Roman Catholics predominate, and a bishop resides at Roseau, but there is no established church. Education is free and compulsory, and the Cambridge local examinations are held annually.

Dominica was so named on its discovery by Columbus in 1493, in commemoration of the date, Sunday (_Dies Dominica_) the 3rd of November. Dominica was included in the grant of various islands in the Caribbean Sea made in 1627 by Charles I. to the earl of Carlisle, but the first European settlers (1632) were French. They brought with them negro slaves and lived on terms of friendship with the Caribs, who were then a numerous body. In 1660 a treaty appears to have been made between the French, British and the natives assigning St Vincent and Dominica to the Caribs, but shortly afterwards attempts were made by the British to gain a foothold in the island. These attempts failed, and in 1748 it was once more agreed by France and Great Britain that Dominica should be left in the undisturbed possession of the natives. Nevertheless the French settlers increased, and the island came under the rule of a French governor. It was captured by the British in 1761 and formally ceded by France at the peace of Paris, 1763, French settlers being secured in their estates. In 1778 a French force from Martinique seized the island. Rodney's victory over De Grasse in the neighbouring sea in 1782 was followed by the restoration of the island to Britain in 1783; in the interval the trade of Dominica had been ruined. In 1795 a force from Guadeloupe made an unsuccessful descent on the island, and in 1805 the French general La Grange, at the head of 4000 troops, took Roseau and pillaged the island--an event now remembered as the most memorable in its history. The French were, however, unable to make good their hold, and Dominica has remained since undisturbed in British possession. Its later history presents few features not common to the other British West Indian islands.

Since 1872 Dominica has formed part of the colony of the Leeward Islands, but local affairs are in the hands of an administrator, aided by an executive council of ten members. In 1898 the local legislature, in consideration of pecuniary assistance from Great Britain, passed an act abrogating the semi-elective constitution and providing for a legislative council of twelve nominated members, six of whom sit _ex officio_.

DOMINICANS, otherwise called Friars Preachers, and in England Black Friars, from the black mantle worn over a white habit, an order of friars founded by St Dominic (q.v.). Their first house was in Toulouse, where the bishop established them at the church of St Romain, 1215. Dominic at once went to Rome to obtain permission to found an order of preachers whose sphere of activity should be the whole world, but Innocent III. said they must adopt one of the existing rules. Dominic returned to Toulouse and it was resolved to take the Rule of St Augustine, Dominic himself having been an Augustinian canon at Osma (see AUGUSTINIAN CANONS). Dominic went again to Rome, and during the year 1216 he obtained from Honorius III. a series of confirmations of the community at Toulouse as a congregation of Canons Regular of St Augustine with a special mission to preach. Early in 1218 an encyclical bull was issued to the bishops of the whole Catholic world recommending to them the "Order of Friars Preachers," followed in 1221 by another ordering them to give to the friars faculties to preach and hear confessions in their dioceses. Already in 1217 Dominic had scattered the little band of seventeen over the world--to Paris, into Spain, and one he took with himself to Rome. Within a few months there were forty friars in Rome, at Santa Sabina on the Aventine, and thirty in Paris; and before Dominic's death in 1221 friaries had been established at Lyons, Limoges, Reims, Metz, Poitiers and Orleans; at Bologna, Milan, Florence, Verona, Piacenza and Venice; at Madrid, Palencia, Barcelona and Seville; at Friesach in Carinthia; at Cracow and Prague; and friars were on their way to Hungary and England.

The order took definite shape at the two general chapters held at Bologna in 1220 and 1221. At first it had been but a congregation of canons regular and had worn the canons' black cassock with white linen rochet. But now a white woollen habit with a black cloak or mantle was assumed. The Rule of St Augustine was supplemented by a body of regulations, adopted mostly from those of the Premonstratensian canons. At the head of the order was the master-general, elected for life until recent times, when the term of office was limited to six and then to twelve years; he enjoys supreme power over the entire order, both houses and individuals, all of whom are directly subject to him. He dwells in Rome and is assisted by a council. The order is divided into provinces and over each is a provincial, elected for four years. Each friary has its prior, elected by the community every four years. The friars belong not to the house or province in which they make their profession, but to the order; and it rests with the master-general to assign to each his place of residence. The manner of life was very austere--midnight office, perpetual abstinence from meat, frequent disciplines, prolonged fasts and silence. At St Dominic's suggestion, and under his strong pressure, but not without considerable opposition, the general chapter determined that the poverty practised in the order should be not merely individual, as in the monastic orders, but corporate, as among the Franciscans; so that the order should have no possessions, except the monastic buildings and churches, no property, no fixed income, but should live on charity and by begging. Thus, doubtless in imitation of the Franciscans, the Dominicans became a mendicant order.

The extraordinarily rapid propagation of the institute suffered no diminution through the founder's death; this was mainly due to the fact that his four immediate successors in the generalate were men of conspicuous ability and high character. In a few years the Dominicans penetrated into Denmark, Sweden, Russia, Prussia and Poland, preaching and missionizing in the still pagan districts of these countries; and soon they made their way to Greece and Palestine and thence to central Asia. St Hyacinth, a Pole received by St Dominic, during missionary journeys extending over thirty-five years travelled over the north and east of Europe and into Tatary, Tibet and northern China. In 1252 the pope addressed a letter to the Dominicans who were preaching "among the Saracens, Greeks, Bulgarians, Kumans, Syrians, Goths, Jacobites, Armenians, Jews, Tatars, Hungarians." From the 14th century until the middle of the 17th the Dominicans had numerous missions in Persia, India and China, and in the northern parts of Africa. They followed the Spanish and Portuguese explorers and conquerors both to the East and to the West, converting, protecting and civilizing the aborigines. On these missionary enterprises great numbers of Dominicans laid down their life for the Gospel.

Another conspicuous field of work of the Dominicans lay in the universities. It had been St Dominic's policy to aim at founding houses first of all in the great university towns--at Paris, Bologna, Palencia, Oxford. This policy was adhered to, and the Dominicans soon became a power in the universities, occupying chairs in those just named and in Padua, Cologne, Vienna, Prague and Salamanca. The scholastic doctors Albert the Great and Thomas Aquinas were the leaders in this side of Dominican activity, and the order's influence on the course of medieval theological development was exercised mainly by these doctors and by the Dominican school of theology, which to this day has maintained the principles and methods elaborated by St Thomas.

The Dominican name is in an especial way associated with the Inquisition, the office of Inquisitor in all countries, including Spain, having usually been held by Dominicans. The vicissitudes of the order have been much like those of other orders--periods of relaxation being followed by periods of revival and reform; but there were not any reforms of the same historical importance as in most other orders, the policy having been to keep all such movements strictly within the organization of the order. In 1425 Martin V. relaxed for some houses the law of corporate poverty, allowing them to hold property, and to have fixed sources of income; and fifty years later Sixtus IV. extended this mitigation to the entire order, which thereby ceased to be mendicant. This change caused no troubles, as among the Franciscans, for it was felt that it did not touch St Dominic's fundamental idea.