Notes and Queries, Number 23, April 6, 1850Various
History
Notes and Queries, Number 23, April 6, 1850
Various
Questions and answers -- Periodicals
But this uncertainty does not seem to have attached itself to the
mind of Sir William Blackstone; for in the third section of the
Introduction prefixed to his _Commentaries on the Laws of England_, he
informs us that our antiquaries "tell us that in the time of Alfred,
the local customs of the several provinces of the kingdom were grown
so various, that he found it expedient to compile his _Dome Book_, or
_Liber Judicialis_, for the general use of the whole kingdom." This
book is said to have been extant so late as the reign of King Edward
IV., but is now unfortunately lost. It contained, we may probably
suppose, the principal maxims of the common law, the penalties for
misdemeanors, and the forms of judicial proceedings. Thus much may be
at least collected from that injunction to observe it, which we find
in the Laws of King Edward the Elder, the son of Alfred.--"_Omnibus
qui reipublicae praesunt etiam atque etiam mando, ut omnibus aequos
se praebeant judices, perinde ac in judiciali libro_ (Saxonice, [Old
English: dom bec]) _scriptum habetur: nec quidquid formident quin
jus commune_ (Saxonice, [Old English: folcrihte]) _audactes libereque
dicant._"
But notwithstanding this, it appears to me by no means conclusive,
that the _Dombec_ referred to in the Laws of Edward the Elder and the
_Liber Judicialis_ of Alfred are the same; on the contrary, Alfred's
_Liber Judicialis_ seems to have been known not under the name
of _Dombec_, but under that of the _Winchester Roll_, from the
circumstance of its having been principally kept at Winchester: and
Sir Henry Spelman says, the Domesday Book of William the Conqueror was
sometimes called _Rotulus Wintoniae, a similitudine antiquoris_, from
its resemblance to an older document preserved at Winchester. And he
quotes Ingulphus Abbot of Croyland, who says, "Iste rotulus (i.e. the
Domesday Book of William) vocatus est Rotulus Wintoniae, et ab Anglicis
pro sua generalitate, omnia tenementa totius terrae integre continente
_Domesday_ cognominatur." And the he proceeds, "Talem rotulum et
multum similem; ediderat quondam Rex Alfredus, in quo totam terram
Angliae per comitatus, centurias, et decurias descripserat, sicut
praenotatur. Qui quidem Rotulus Wintoniae vocatus est, quia deponebatur
apud Wintoniam conservandus," &c.
Here is nothing said of this work being called [Old English: dom bec]:
neither does Spelman, in his enumeration of the works of Alfred,
give the least intimation that any one of his collections of laws was
called [Old English: dom bec].
Public-domain text, read in full here on John Shaqi.
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