exist. Strictly, lands so held were copyhold, and as such were excepted by the statute 12 Charles II. c. 24, by which military tenures were abolished. One incident, showing that the tenure was originally a species of villenage, is that the lands do not pass by the common conveyances, but by surrender to the lord in the manner of copyhold estates, for certain uses mentioned in the surrender, and a new grant by the lord in pursuance thereof to the cestuy que use.-The public domain of the United States is almost beyond calculation. According to the report of the secretary of the interior, made in Dec. 1858, there were on Sept. 30, 1858, on sale at the different land offices over 80,000,000 acres of land, and an additional amount of nearly 62,000,000 acres had been surveyed, and was ready to be brought into market. Prior to the same period more than 55,000,000 acres had been selected and reported as inuring to the several states under acts of congress of 1849 and 1850, granting to such states the swamp and overflowed lands within their respective limits, to enable said states to reclaim them for cultivation.-In France, the term domain is applied to all public property, whether personal or real, which is classified as follows: 1, domaine de l'état, which includes highways, harbors, fortifications, forfeited estates, &c. ; 2, domaine or dotation de la couronne, to which belong palaces, gardens, forests, farms, crown jewels, and the like; these constitute the separate property of the crown, but are inalienable; 3, domaine privé, the private estate of the sovereign, which he holds and can dispose of the same as any subject, by will or otherwise; but if not disposed of at his death, it is merged in the domain of the crown and passes to his successor. DOMAT, or DAUMAT, JEAN, a French jurist, born in Clermont-Ferrand, Nov. 30, 1625, died in Paris, March 14, 1696. For 30 years he was king's advocate at Clermont. His great work was published in 1694, under the title of Lois civiles dans leur ordre naturel (English translation by W. Strahan, 2 vols. fol., London, 1737; edited by L. S. Cushing, 2 vols. 8vo., Boston, 1850). Domat is called by Victor Cousin "incomparably the greatest jurisconsult of the 17th century," and by Boileau "the restorer of reason to jurisprudence." The intimate friend of Pascal, and his associate in many of his experiments in natural philosophy, he was distinguished for his taste for mathematics and philosophical pursuits as well as for his legal attainments. DOMBROWSKI, JAN HENRYK, a Polish general, born in Pierszowice, Aug. 29, 1755, died in Winagora, June 26, 1818. He entered the army under Prince Albert of Saxony in 1770, afterward joined the Polish forces commanded by Prince Joseph Poniatowski in the campaign against the Russians in 1792, served with distinction in 1793, took part in the insurrection of 1794 under Kosciuszko, but was compelled to surrender after the fall of Warsaw. Having rejected flattering offers from both Russia and Prussia, he accepted a commission from the

French directory in 1796 to enroll a Polish legion at Milan, and after serving with honor in the Italian campaigns under Napoleon, Gouvion Saint Cyr, and Masséna, entered the service of the Cisalpine republic in 1802. In 1806 he joined Napoleon at Berlin, published a famous proclamation calling upon the Poles to rise, and soon entered Warsaw in triumph at the head of two national divisions. In the battle of Friedland, to the favorable issue of which he greatly contributed, he was wounded; in 1809 he fought with Poniatowski against the Austrians; in the Russian campaign of 1812 he commanded a division of the grand army; in 1813 his Poles fought bravely in Germany, particularly at Leipsic; and on the creation of the kingdom of Poland he was raised by the czar Alexander to the rank of general of cavalry and senator palatine. He left his memoirs to the society of the friends of science at Warsaw. His name is inscribed on the arc de l'étoile at Paris.-His son, BRONISLAW, took part in the Polish insurrection of 1848 in the duchy of Posen.

DOME (Gr. dopos, dwua, building; Lat. domus, a house; medieval Lat. doma, a cupola), a concave covering to a building or part of a building. The Italians apply the term il duomo to the principal church of a city, and the Germans call every cathedral church Dom; and it is supposed that the word in its present English sense has crept into use from the circumstance of such buildings being frequently surmounted by a cupola. Some writers on architecture restrict the term dome to the convex surface of the roof, and cupola (It. cupo, deep) to its concave part. The dome may be a segment of a sphere, spheroid, ellipse, polygon, or any similar figure, but in all cases every horizontal section should have a common vertical axis; it is called surmounted when it rises higher than the radius of its base, surbased or diminished when its height is less than the radius of its base. The thickness should increase toward the base, where the structure is weakest, and where the spreading force of the superincumbent weight tends to burst the dome outwardly. To counteract this pressure, iron hoops or chains are often employed. When built of stone the dome is stronger than the arch, as the tendency of each of its parts to fall inward is resisted not only by the parts above and below it, but also by those on each side. The constituent pieces are formed somewhat like the frustum of a pyramid, so that when placed in their positions their 4 angles may point toward the axis of the dome. Each course is thus self-supporting, and not only may the whole be constructed without centring, but an aperture, called the eye, is frequently left in the top without damage to the security of the structure. The dome seems to have been invented by the Romans or Etruscans, and in the time of Augustus was a common feature in Roman architecture. There is no proof that the Greeks or Egyptians had any knowledge of it, nor is it found in any of the early monuments of Hin

dostan, but after the Mohammedan invasion of India it was generally adopted in that country. The grandest dome that has remained to us from antiquity is that of the Pantheon at Rome, which, though nearly 19 centuries have passed over it, retains all its stability and magnificence of proportions. Its exterior presents the appearance of a truncated segment of a sphere, considerably less than a hemisphere, and has a circular opening in the top 28 ft. 6 in. in diameter. The base consists of a large plinth, with 6 smaller ones above it. It appears that originally there were flights of steps at intervals all around the dome leading up to the eye, but only one such means of ascent is now visible, the others having been covered with lead. The interior is a hemisphere of about 713 ft. radius, and the distance from the floor to the top of the dome is equal to the diameter. The thickness is 17 ft. at the base, 5 ft. 14 in. at the top of the highest plinth, and 4 ft. 7 in. at the eye. The ceiling is ornamented with 5 rows of quadrilateral compartments converging toward the top, each large compartment having 4 smaller ones sunk one within another, which were probably once ornamented with plates of silver or covered with bronze. The dome is built of brick and rubble, and rests on a circular wall 20 ft. thick. The baths of ancient Rome afford many examples of this kind of roof: those of Diocletian had 3 domes, 2 of which remain; and those of Titus are crowned by 2, each 84 ft. in diameter. Near Pozzuoli may be seen an ancient circular building with a dome of volcanic tufa and pumice stone, and the temple of Minerva Medica had a polygonal dome of 10 sides, constructed of pumice stone and brick. That of the famous church of St. Sophia at Constantinople was built in the reign of Justinian, with the professed design of rivalling the glory of the Pantheon. The plan of the church was a cross, and at the angles of the square where the transepts cut the nave, the architect placed 4 columns at a distance of about 115 ft. apart, and over them threw arches. The triangular spaces at the corners were then filled up to a level with the extradoses of the arches, and on the ring thus formed the dome was built. In ignorance of the principle of hooping, the builder resorted to various expedients to resist the lateral pressure of the superstructure, and after it had twice fallen in, was obliged to fill up the large arcades on the N. and S. sides with 3 tiers of small arches. This dome was destroyed by an earthquake a few years after its completion. The present one is of nearly the same diameter (115 ft.), 40 ft. high, supported by corbellings at the angles of the square, and encircled by a row of windows with exterior columns. It is surmounted by a lantern. The church of St. Mark at Venice, built about 973, has 5 domes; the central one, which is much larger than the others, was hooped with iron in 1523. The dome of San Vitale at Ravenna consists of a hemisphere resting on an octagon with 8 piers at its angles, and a window on each face. The great

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dome of the church of Santa Maria del Fiore, the cathedral of Florence, was begun by Arnolfo di Lapo or Arnolfo di Cambio da Calle about 1298, but after the death of the original architect about 1300 no one could be found for 120 years to finish his work; it was finally undertaken by Filippo Brunelleschi, who brought it nearly to completion. He improved somewhat upon the original design by carrying up perpendicular walls in the shape of an octagon to a height of 175 ft., and upon these placing 2 concentric domes, the internal one being 138 ft. 6 in. in diameter and 133 ft. 6 in. high, from the top of the internal cornice of the supporting walls to the eye of the lantern. This is the first double dome with which we are acquainted. That of St. Peter's at Rome, the grandest in the world after that of the Pantheon, is also double. It stands upon 4 piers, each 61 ft. 11 in. high and 30 ft. 10 in. thick, from which spring arches supporting corbellings finished by an entablature. The entablature upholds a plinth, circular within and octagonal without, and on the latter rests a circular stylobate 28 ft. 6 in. thick and 12 ft. 4 in. high, divided into 3 parts by passages, forming flights of steps communicating with 4 spiral staircases in the thickness of the wall of the drum, which rises immediately from the stylobate. The drum is pierced with 16 windows, between which are a corresponding number of solid buttresses 51 ft. 6 in. high. Above it is placed a circular attic 19 ft. 2 in. in height, and on this rests the great double dome, the internal diameter of which at the base is 138 ft. 5 in. and the external 148 ft. To the height of 27 ft. 8 in. the dome is solid. Its curve describes externally the arc of a circle whose radius is a little over 84 ft., and its height from the attic to the top of the internal dome is 83 ft. 10 in. It is pierced outwardly by 3 rows of small windows and strengthened by 16 projecting vertical bands. The whole is crowned by a lantern resting on a platform surrounded by an iron railing and having a cross on the top, the height from the external plinth of the dome to the cross being 263 ft. The top of the cross is 430 ft. above the ground line. This great work was planned by Michel Angelo, who died before its completion, and was finished under the pontificate of Sixtus V., who caused the exterior to be covered with lead, and the bands with bronze gilt. Owing to the haste with which the work was pushed forward the domes settled vertically in many places, and the band of iron around the inner dome was broken. Six iron circles were consequently placed around the outer dome, secured in their places by iron wedges, and the fractured hoop was repaired. The dome of St. Paul's, London, built by Sir Christopher Wren, is double, and rests on an attic and a drum placed on 4 great arches over the intersection of the 4 naves. The external dome is of wood, covered with lead, and ornamented with panels formed by projecting ribs. It is surmounted by a lantern supported, on a conical tower terminated by a spherical dome. The height of the tower

is 86 ft. 9 in., and that of the whole structure from the ground line is 365 ft. The diameter of the dome is 145 ft., and its internal height from the springing 51 ft. The dome of the Pantheon (or St. Geneviève's) at Paris is entirely of stone, and is supported by 4 triangular piers rising from the centre of a Greek cross. It is triple, having beside the inner and outer vaults an intermeiate structure built for the purpose of carrying the lantern. The internal dome is 66 ft. 8 in. in diameter at the springing; the external 77 ft. 83 in. The height of the edifice above the ground line is 190 feet. The new reading room of the British museum, opened in May, 1857, is covered by a magnificent dome 140 ft. in diameter and 106 ft. high. It is built principally of iron, with brick arches between the main ribs supported by 20 iron piers. Between the vaulting and the exterior covering of copper a space is left for the equalization of the temperature, and between the vaulting and the inner decorated ceiling there is a similar air chamber for purposes of ventilation. There are 20 large windows around the base of the dome, and an eye in the top 40 ft. in diameter. The new cast-iron dome of the capitol at Washington has a height of about 55 ft., and an internal diameter of 94 ft. 9 in. The height of its ceiling from the floor of the building is 200 ft. The exterior of the structure presents a peristyle 124 ft. 9 in. in diameter, with columns 27 ft. high, from which springs an attic 44 ft. high, supporting the great dome of a semi-ellipsoidal form, the top of which is 230 ft. above the pavement. Above this rises a lantern, 52 ft. high and 17 ft. in diameter, crowned with a bronze statue of Freedom 18 ft. high. In the interior there is a vertical wall raised upon the cornice of the rotunda, with a panel 9 ft. high richly sculptured; above this is a series of attached columns and large windows, and above these springs a dome which, contracting to a diameter of 65 ft., permits a second dome, 73 ft. in diameter, resting also on a colonnade, to be seen through the opening.Domes are sometimes made convex below and concave above, in which form they take the name of Moresque, Turkish, or Hindoo. In Russia they are very frequently built of a bulbous shape, somewhat like an onion. The Isaac's church at St. Petersburg, built by the czar Nicholas, is surmounted by an iron dome covered with gilded copper, with a small rotunda rising from its centre.

DOMENICHINO, or DOMENICO, ZAMPIERI, an artist of the Bolognese school, born in Bologna in 1581, died in Naples, April 15, 1641. His first master was Dionysius Calvart, from whose tyranny he took refuge in the school of the Carracci, of which, in spite of a natural timidity and a slowness which his fellow pupils attributed to stupidity, he was eventually considered the most distinguished pupil. Nicolas Poussin even ranks him next to Raphael. He lived apart from men, and rarely went abroad save to make studies for future use. After studying the works of Correggio at Parma, he joined his mas

ter, Annibale Carracci, at Rome, and assisted him in decorating the Farnese palace. He soon after received commissions from Cardinals Borghese, Farnese, Aldobrandi, and others, for whom he painted works which increased his reputation, but unfortunately raised about him a host of enemies whose bitter persecutions rendered his life miserable. His celebrated picture of the "Communion of St. Jerome," now in the Vatican, which has been called second only to Raphael's "Transfiguration," was discovered to bear a slight resemblance to a composition on the same subject by Agostino Carracci, and Lanfranco, a former fellow pupil, took advantage of the fact to decry the picture and the artist. Domenichino was finally compelled by the jealousy of his rivals to retire to Bologna, whence he was recalled by Gregory XV. in a few years to become principal painter and architect in the pontifical palace. He here renewed his triumphs, and at Naples, whither he was invited to paint the chapel of St. Januarius, increased his reputation. His enemies, however, left him no peace, and he died before the completion of his work, not without suspicion of poison. Among his chief works are the "Four Evangelists," in S. Andrea della Valle at Rome; "Adam and Eve," the "Martyrdom of St. Agnes," and "Diana and her Nymphs." His fresco paintings, of which the scenes from the life of the Virgin in the Duomo at Fano are the best specimens, are admirable. His landscapes, although of rather a decorative character, are uniformly good. He never wholly freed himself from the mannerism of his school, and was defective in invention; but in artlessness, in the free conception of nature, and in the expression of emotion, he approached nearer Raphael and his contemporaries than any of the eclectics. Many of his works have been engraved by Raphael Morghen and others.

DOMESDAY (or DOOMSDAY) BOOK, or Book OF WINCHESTER, a register of the lands of England, framed by order of William the Conqueror. According to some historians it was begun in 1080 or 1083, according to others at the close of 1085; the book itself records its completion in 1086. Persons called the king's justiciaries visited in person or by deputy the greater part of the kingdom, and obtained the required particulars on oath from the sheriffs, lords of manor, parish priests, reeves of hundreds, bailiffs, and villeins of each vill. The record contained a list of the bishops, churches, religious houses, great men, king's manors, king's tenants in capite, and under tenants; the particulars of the name of each place, its holder, its extent, the extent of wood, meadow, and pasture, the ponds and mills, the quantity of live stock, the value of the whole, the homages of each manor, the number of villeins, cotarii, servi, and freemen, and how much each freeman or soc-man had. Three estimates of the estates were made, viz.: as they were in the time of Edward the Confessor; as they were bestowed by William; and as they were at the time of the survey. The jurors were, more

over, required to state whether any advance could be made in the value. The returns of the justiciaries were sent to Winchester, and being there digested were entered in 2 volumes, which were carried about with the king and great seal, or deposited in a chapel or vault of the cathedral called Domus Dei. From the last circumstance the name Domesday is thought by some to be derived. Others ascribe it to a parallel drawn between the decisions of the book and those of the day of doom. The first volume, called the "Great Domesday," consists of 382 folio pages closely written on vellum, and contains the survey of 31 counties; the second, or "Little Domesday," is in quarto, of 450 pages, and comprises the returns from Essex, Norfolk, and Suffolk. It has also a list of "invasions," or lands possessed without royal authority. Neither Northumberland, Cumberland, Westmoreland, nor Durham appears in the record, for which various reasons are as signed. Other counties are described, either wholly or in part, under adjacent divisions. No account is given of Winchester or of London. As a census of the population the Domesday book is of no value, but with regard to the ancient tenure of lands its authority is supreme. It names only 1,400 tenants in capite and 8,000 under tenants, and mentions a total population of 282,242. The book is now preserved in the chapter house at Westminster. A facsimile of it was published by order of government in 1783, having been 10 years in passing through the press, and in 1816 the commissioners on public records published 2 supplementary volumes, one containing a general introduction to the survey with indexes, and the other the 4 similar records called the "Exon Domesday," the Inquisitio Eliensis, the Liber Winton, and the "Boldon Book," or survey of Durham. The last of these was made by Bishop Hugh Pudsey in 1183; the Inquisitio Eliensis is of the 13th century; the others are contemporary with the Domesday book. In the exchequer office there are 2 other large volumes under the latter title, which are merely abridgments of the original register. Many interesting particulars relating to the survey are found in Kelham's "Domesday Book illustrated" (8vo., London, 1788); and a work on the same subject has lately been published by Mr. James F. Morgan ("England under the Norman Occupation," London and Edinburgh, 1858).

DOMICILE, the place where a man is deemed by law to reside, which is not always the place of his actual residence. There has been much confusion and even conflict of judicial opinion as to what constitutes a domicile. The difficulty has arisen from the application of the term in various relations involving diverse considerations of public policy. Instead, therefore, of attempting to institute a general rule which shall comprehend all the different senses in which the term is used, which is clearly impracticable, we shall limit ourselves to an exposition of the principles by which the question is determined in different cases.

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1. It is recognized as a general rule that a person who is residing in a foreign country for commercial purposes will be deemed a subject of that country in respect to all the incidents of that relation, as regulated by the laws of nations, in time of war, whether the country of his residence be belligerent or neutral. Thus, if he reside in a country which is at war with another, his property will be lawful prize as belonging to a belligerent; or if the country be neutral, he is entitled to the privileges of a neutral in respect to bona fide trade. The residence which gives this neutral right is sometimes spoken of as a domicile, but it is obvious that the term as thus used has no other meaning than actual residence and engagement in business, which it will be seen will not per se constitute a domicile in respect to other legal incidents. A single exception is made in the case of a person who leaves his own country flagrante bello, it being thought inconsistent with his natural allegiance that he should be permitted to enter into neutral relations with the enemy after war had actually commenced. Upon the same principle greater strictness would probably be insisted upon in regard to the nature of the residence when the question was between the emigrant and his native country, even if he went abroad before the breaking out of hostilities; yet it is difficult to see how it could even in that case be required that a domicile should have been acquired other than results from actual residence abroad for bona fide business purposes. 2. In the class of cases where the question is as to the civil rights of a foreign resident, or the legal rule applicable to his property, it becomes necessary to ascertain with certainty the domicile. Thus, in case of intestacy, the distribution of his property will not be according to the laws of the place where he may be temporarily abiding, but will be determined by the law of the place of his domicile; and the best test where that is to be found is by assuming it to be where it

is shown to have been at any former period until a new domicile is proved to have been substituted.. The cases are often exceedingly difficult of distinction, and it is more usually a question of fact than of legal construction. The intention is what must determine, but this is for the most part to be got at only by incidental circumstances, and the reported cases have been decided, each upon their own circumstances, without furnishing any positive test of general application. The rule of the civil law that a man may have two domiciles, as where he resides a part of the year in one place and a part in another, or where he is carrying on business in two places, is repudiated in England and in the United States, though it was said by Lord Loughborough in the case of Bempde vs. Johnstone (3 Vesey, 198), that if the question were an open one, it admitted of a good deal of argument, whether in case of a person dying intestate and leaving property in two different places, it would not have been the better rule that the law of each place should control in the distribution of the property situated there. Nor is

the definition of domicile in the civil law of much practical use in the present changed relations of business and habits of life, although still retained by continental European jurists, and often quoted in English and American cases: Ubi quis larem rerumque ac fortunarum suarum summam constituit, unde non est discessurus si nihil avocet, unde cum profectus est peregrinari videtur, quo si rediit peregrinari jam destitit. (Cod. 10, 39, 1; Dig. 50, 1, 27.) It should be remarked that the law of the domicile is to be understood as affecting only personal property; real estate is subject to the law of the place where it is situated. So also the law of the domicile applies to the disposition of property by testament or otherwise, as well as to distribution upon intestacy. If a testament is executed according to the law of the place where a man is domiciled, it is sufficient to dispose of his personal property in another country, although not executed in the form required by the law of such country. In cases of insolvency, the distribution of assets will also be according to the law of the domicile; or rather the assets will be transmitted to the country of the domicile for distribution, except that the domestic debts, that is to say, such as are due in any place where the property of the insolvent is situated, will be first provided for; but it is not entirely settled whether they shall be preferred for the full amount, or shall be entitled only to the distributive share allowed by the law of the domicile. 3. In respect to what may be called statutory non-residence and the remedies given to creditors in such case, there is a good deal of confliction. Thus, in the state of New York an attachment may be issued against the property of any person not a resident of the state for the purpose of making distribution among the creditors generally. (2 Rev. Stat. 3.) Again, by the code an attachment may be issued in a suit against a defendant not a resident of the state, in which case it inures to the sole benefit of the plaintiff in the suit. (Code, § 227.) The apparent intention in both these cases was to provide a remedy where from the absence of the debtor there was none by the usual course of proceeding, and the question of domicile does not seem to be involved. Yet it has been held by some of the courts that a man who is daily in the city of New York attending to business, but goes at night to an adjoining state, and has his family there, is a non-resident within the meaning of the statute.

DOMINANT, in music, a name sometimes given to the 5th note or tone of any scale. The term is also used for dominant chord, or the common chord of which the 5th of any key or scale is the fundamental tone.

DOMINIC DE GUZMAN, a saint of the Roman Catholic church, founder of the order of preaching friars, born in Calavega, in Old Castile, in 1170, died in Bologna, Aug. 6, 1221. His lineage was illustrious. At the age of 14 he was sent by his uncle, the archpriest of Gumiel de Izan, to the school of Palencia, where he re

mained 10 years in the practice of strict asceticism. Martin de Bazan, bishop of Osma, summoned the young scholar to assist him in the reform of his diocese. Nine years were spent by him in preaching, exhortation, and correction of irregularities. This charge did not, however, confine Dominic to one place. He executed numerous missions, taught theology and hermeneutics in the university of Palencia, and in the quality of archdeacon visited the various churches in his province. In 1203 he was the associate of the bishop Diego, successor of De Bazan, in a diplomatic mission. The king of Castile, wishing to marry his son to the daughter of a northern prince, sent the bishop of Osma to negotiate the matter. The mission was successful, and on their return to Spain the same parties were designated to conduct the bride and her party to her new home. Her unexpected death defeated the plan, and instead of leading in a bridal journey, Diego and his friend could only follow a funeral. The course of their journeys had taken them through the land of the Albigenses, of whose number and obstinacy they had frequent evidence. So deep was their sense of danger to the church from this source, that when the death of the princess of Lusignan had rendered their mission fruitless, instead of returning directly to Spain they went to Rome to solicit from Innocent III. leave to remain in France and convert these erring brethren. This was readily granted, and a 2 years' dispensation from his episcopal duties was permitted to the bishop of Osma. Stopping at the abbey of Citeaux on their return, to consult with the monks upon the best way of destroying the heresy, they proceeded to Montpellier, where, in conjunction with the appointed Cistercian dignitaries, they commenced their work. The method of conversion at first followed was public conference. For 8 days Dominic and his friends disputed with the Albigensian teachers near Montpellier, 8 days more at Béziers, and 15 days at Montréal, converting some in every place, and in the last named place 150. According to the Dominican writers, miracles aided them. At Faureau, a writing of Dominic in defence of the Catholic faith, thrice cast into the fire, is said to have been thrice withdrawn uninjured; while a writing of the heretics, thrown in at the same time, was instantly consumed. In 1207 the joint mission of the Spaniards and Cistercians was closed by a conference in the castle of Count Raymond of Foix, whose wife and sisters were Albigenses. Various eminent converts were made; and then the bishop Diego returned to his diocese, and the Cistercian monks went back to their monastery, leaving Dominic in sole charge of the mission. The connection of Dominic with his Cistercian companions had not been altogether harmonious. His method had differed from theirs, and with the violent and sanguinary temper of the legate Peter of Castelnau he had no sympathy. This man was quite ready to employ the secular power in the extermination of heretics, and