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DIWAN.

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divorce. But in most of the States the courts of law have cognizance of divorce. The laws prescribe the provision to be made for the wife in case of divorce, confiding to the courts however some degree of discretion in fixing the amount of alimony.

It is very questionable, says Chancellor Kent, whether the facility with which divorces can be procured in some of the States be not productive of more evil than good: and he states that he has had reason to believe, in the exercise of a judicial cognizance over numerous cases of divorce, that adultery was sometimes committed on the part of the husband for the very purpose of the divorce.

(Kent's Commentaries; Ency. Americ. Upon the general advantages of indissolubility, as opposed to unlimited divorce, see Hume's Essay on Polygamy and Divorce; Paley's Moral Philosophy; and the judgment of Lord Stowell in Evans v. Evans, 1 Hagg. Repts., 48; Milton, in his famous treatise, advocates the increased facility of obtaining a divorce; and see also Gibbon, Decline and Fall, c. 44.)

DIWAN is a Persian word familiar to readers of works relating to the East, in the sense of-1st, a senate, or council of state; and, 2nd, a collection of poems by one and the same author. The earliest acceptation, however, in which we find it employed is that of a muster-roll, or military pay-book.-The Arabic historian, Fakhreddin Râzi, informs us that when, in the caliphat of Omar, the second successor of Mohammed, the conquests of the Mussulmans assumed an extensive character, the equal distribution of the booty became a matter of great difficulty, A Persian marzbân, or satrap, who happened to be at the head-quarters of the caliph at Medinah, suggested the adoption of the system followed in his own country, of an account-book, in which all receipts and disbursements were regularly entered, along with a list, duly arranged, of the names of those persons who were entitled to a share in the booty. With the register itself, its Persian appellation (dîwân) was adopted by the Arabs. (Freytag, Locmani Fabula et plura loca ex codd. historicis selecta, &c., pp. 32, 33;

Henzi, Fragmenta Arabica, St. Petersburg,
1820, p. 36, et seq.) Whether a council
of state was subsequently called dîwân,
as having originally been a financial
board appointed to regulate the list
(dîwân) of stipendiaries and pensioners,
or whether it was so called as being sum-
moned according to a list (dîwân) con-
taining the names of all its members, we
are unable to determine. The opinion
that a body of councillors should have
received this appellation, as has been as-
serted by some, in consequence of the
expression of an ancient king of Persia,
inan diwân end, "these (men) are (clever
like) devils," will scarcely be seriously
entertained by any one. The word 'di-
wân' is also used to express the saloon or
hall where a council is held, and has been
applied to denote generally a state cham-
ber, or room where company is received.
Hence probably it has arisen that the
word 'divan,' in several European lan-
guages, signifies a sofa. Collections of
poems in Persian, Arabic, Turkish, Hin-
dustani, &c., seem to have received the
appellation 'dîwân' from their methodi-
cal arrangement, inasmuch as the poems
succeed one another according to the
alphabetic order of the concluding letters
of the rhyming syllables, which are the
same in all the distichs throughout each
poem.

DOCKET. [BANKRUPT.]

DOCTOR, one that has taken the highest degree in the faculties of Divinity, Law, Physic, or Music. In its original import it means a person so skilled in his particular art or science as to be qualified to teach it.

There is much difference of opinion as to the time when the title of Doctor was first created. It seems to have been established for the professors of the Roman the middle of the twelfth century. Anlaw in the University of Bologna, about tony à Wood says, that the title of Doctor in Divinity was used at Paris, after Peter Lombard had compiled his Sentences, about the year 1151. (Hist. and Antiq. Univ. of Oxford, 4to. Oxf. 1792, vol. i. p. 62.) Previously those who had proceeded in the faculties had been termed Masters only. The title of Doctor was not adopted in the English Uni

versities earlier than the time of John or Henry the Third. Wood cites several instances of the expense and magnificence which attended the early granting of the higher degrees in England in the reigns of Henry III. and Edward I. (Wood, ut supr. pp. 65, 66.)

In Oxford the time requisite for the Doctor of Divinity's 'degree, subsequent to that of M.A., is eleven years: for a Doctor's of Civil Law, five years from the time at which the Bachelor of Laws' degree was conferred. Those who take this degree professionally, in order to practise in Doctors' Commons, are indulged with a shorter period, and permitted to obtain it at four instead of five years, upon making oath in convocation of their intentions so to practise. For the degree of M.D., three years must intervene from the time of the candidate's having taken his Bachelor of Medicine's degree. For a Doctor's degree in Divinity or Law three distinct lectures are to be read in the schools, upon three different days: but by a dispensation, first obtained in convocation or congregation, all three are permitted to be read upon the same day; so that by dispensation a single day is sufficient in point of time for these exercises. For a Doctor's degree in Medicine, a dissertation upon some subject, to be approved by the Professor of Medicine, must be publicly recited in the schools, and a copy of it afterwards delivered to the Professor.

In Cambridge a Doctor of Divinity must be a Bachelor of Divinity of five, or an M.A. of twelve years' standing. The requisite exercises are one act, two opponencies, a Latin sermon, and an English sermon. A Doctor of Laws must be a Bachelor of Laws of five years' standing. His exercises are one act and one opponency. Doctors of Physic proceed in the same manner as Doctor of Laws. For a Doctor's degree in music, in both Universities, the exercise required is the composition and performance of a solemn piece of music, to be approved by the Professor of the Faculty. (Oxf. and Camb. Calendars.)

Coloured engravings of the dresses worn by the doctors of the several faculties of Oxford and Cambridge will be

| found in Ackermann's History of the Univ. of Oxford, 4to., 1814, vol. ii. p. 259, et seq.; and in his History of the Univ. of Cambridge, 4to., 1815, vol. ii. p. 312, et seq.

DOCTORS' COMMONS, the College of Civilians in London, near St. Paul's Churchyard, founded by Dr. Harvey, Dean of the Arches, for the professors of the civil law. The official residences of the judges of the Arches' Court of Canterbury, of the judge of the Admiralty, and the judge of the Prerogative Court of Canterbury, are situated there. It is also the residence of the doctors of the civil law practising in London, who live there (for diet and lodging) in a collegiate manner, and common together, and hence the place is known by the name of Doctors' Commons. It was burnt down in the fire of London, and rebuilt at the charge of the profession. (Chamberlayne Mag. Brit. Notitia.) To the college belong a certain number of advocates and proctors. [BARRISTER, p. 317; PROCTOR.] In the Common Hall are held all the principal spiritual courts, and the High Court of Admiralty.

DOMESDAY BOOK, the register of the lands of England, framed by order of King William the Conqueror. It was sometimes termed Rotulus Wintonia, and was the book from which judgment was to be given upon the value, tenures, and services of the lands therein described. The original is comprised in two volumes, one a large folio, the other a quarto. The first begins with Kent, and ends with Lincolnshire; is written on three hundred and eighty-two double pages of vellum, in one and the same hand, in a small but plain character, each page having a double column; it contains thirty-one counties. After Lincolnshire (fol. 373), the claims arising in the three ridings in Yorkshire are taken notice of, and settled; then follow the claims in Lincolnshire, and the determination of the jury upon them (fol. 375): lastly, from fol. 379 to the end there is a recapitulation of every wapentake or hundred in the three ridings of Yorkshire: of the towns in each hundred, what number of carucates and ox-gangs are in every town, and the names of the owners placed in very smal

character above them. The second volume, in quarto, is written upon four hundred and fifty double pages of vellum, but in a single column, and in a large fair character, and contains the counties of Essex, Norfolk, and Suffolk. In these counties the "liberi homines" are ranked separate and there is also a title of "Invasiones super Regem."

These two volumes are preserved, among other records of the Exchequer, in the Chapter House at Westminster: and at the end of the second is the following memorial, in capital letters, of the time of its completion: "Anno Millesimo Octogesimo Sexto ab Incarnatione Domini, vigesimo vero regni Willielmi, facta est ista Descriptio, non solum per hos tres Comitatus, sed etiam per alios." From internal evidence there can be no doubt but that the same year, 1086, is assignable as the date of the first volume.

In 1767, in consequence of an address of the House of Lords, George III. gave directions for the publication of this Survey. It was not, however, till after 1770 that the work was actually commenced. Its publication was intrusted to Mr. Abraham Farley, a gentleman of learning as well as of great experience in records, who had almost daily recourse to the book for more than forty years. It was completed early in 1783, having been ten years in passing through the press, and thus became generally accessible to the antiquary and topographer. It was printed in fac-simile, as far as regular types, assisted by the representation of particular contractions, could imitate the original.

In 1816 the commissioners upon the Public Records published two volumes supplementary to Domesday, which now form one set with the volumes of the Record: one of these contains a general introduction, accompanied with two different indexes of the names of places, an alphabetical index of the tenants in capite, and an "Index Rerum." The other contains four records; three of them, namely, the Exon Domesday, the Inquisitio Eliensis, and the Liber Winton., contemporary with the Survey; the other record, called Boldon Book,' is the Survey of Durham, made in 1183, by Bishop Hugh

Pudsey. These supplementary volumes were published under the superintendence of Sir Henry Ellis.

Northumberland, Cumberland, Westmorland, and Durham were not included in the counties described in the Great Domesday; nor does Lancashire appear under its proper name; but Furness, and the northern part of that county, as well as the south of Westmorland and part of Cumberland, are included within the West Riding of Yorkshire: that part of Lancashire which lies between the rivers Ribble and Mersey, and which at the time of the Survey comprehended six hundreds and a hundred and eighty-eight manors, is subjoined to Cheshire. Part of Rutlandshire is described in the counties of Northampton and Lincoln; and the two ancient hundreds of Atiscross and Existan, deemed a part of Cheshire in the Survey, have been since transferred to the counties of Flint and Denbigh. In the account of Gloucestershire we find a considerable portion of Monmouthshire included, seemingly all between the rivers Wye and Usk. Kelham thinks it probable that the king's commissioners might find it impossible to take any exact survey of the three counties northernmost of all, as they had suffered so much from the Conqueror's vengeance. As to Durham, he adds, all the country between the Tees and Tyne had been conferred by Alfred on the bishop of this see, and at the coming in of the Conqueror he was reputed a count-palatine.

The order generally observed in writing the Survey was to set down in the first place at the head of every county (except Chester and Rutland) the king's name, Rex Willielmus, and then a list of the bishops, religious houses, churches, any great men, according to their rank, who held of the king in capite in that county, likewise of his thains, ministers, and servants; with a numerical figure in red ink before them, for the better finding them in the book. In some counties the cities and capital boroughs are taken notice of before the list of the great tenants is entered, with the particular laws or customs which prevailed in each of them; and in others they are inserted promiscuously. After the list of the

tenants, the manors and possessions themselves which belong to the king, and also to each owner throughout the whole county, whether they lie in the same or different hundreds, are collected together and minutely noted, with their under tenants. The king's demesnes, under the title of Terra Regis, always stand first.

For the adjustment of this Survey certain commissioners, called the king's justiciaries, were appointed. In folios 164 and 181 of the first volume we find them designated as "Legati Regis." Those for the midland counties at least, if not for all the districts, were Remigius, bishop of Lincoln, Walter Giffard, Earl of Buckingham, Henry de Ferrers, and Adam, the brother of Eudo Dapifer, who probably associated with them some principal person in each shire. These inquisitors, upon the oaths of the sheriffs, the lords of each manor, the presbyters of every church, the reves of every hundred, the bailiffs and six villains of every village, were to inquire into the name of the place, who held it in the time of King Edward, who was the present possessor, how many hides in the manor, how many carucates in demesne, how many homagers, how many villains, how many cotarii, how many servi, what free-men, how many tenants in socage, what quantity of wood, how much meadow and pasture, what mills and fish-ponds, how much added or taken away, what the gross value in King Edward's time, what the present value, and how much each free-man or soc-man had or has. All this was to be triply estimated: first, as the estate was held in the time of the Confessor; then as it was bestowed by King William; and thirdly, as its value stood at the formation of the Survey. The jurors were, moreover, to state whether any advance could be made in the value. Such are the exact terms of one of the inquisitions for the formation of this Survey, still preserved in a register of the monastery of Ely.

The writer of that part of the Saxon Chronicle which relates to the Conqueror's time, informs us, with some degree of asperity, that not a hide or yardland, not an ox, cow, or hog was omitted in the

census. It should seem, however, that the jurors, in numerous instances, framed returns of a more extensive nature than were absolutely required by the king's precept, and it is perhaps on this account that we have different kinds of descriptions in different counties.

From the space to which we are necessarily limited, it is impossible to go more minutely into the contents of this extraordinary record, to enlarge upon the classes of tenantry enumerated in it, the descriptions of land and other property therewith connected, the computations of money, the territorial jurisdictions and franchises, the tenures and services, the criminal and civil jurisdictions, the ecclesiastical matters, the historical and other particular events alluded to, or the illustrations of ancient manners, with information relating to all of which it abounds, exclusive of its particular and more immediate interest in the localities of the country for the county historian.

As an abstract of population it fails. The tenants in capite, including ecclesiastical corporations, amounted scarcely to 1400; the under-tenants to somewhat less than 8000. The total population, as far as it is given in the record itself, amounts to no more than 282,242 persons. In Middlesex, pannage (payment for feeding) is returned for 16,535, in Hertfordshire for 30,705, and in Essex for 92,991 hogs; yet not a single swineherd (a character so well known in the Saxon times) is entered in these counties. In the Norman period, as can be proved from records, the whole of Essex was, in a manner, one continued forest; yet once only in that county is a forester mentioned, in the entry concerning Writtle. Salt-works, works for the production of lead and iron, mills, vineyards, fisheries, trade, and the manual arts, must have given occupation to thousands who are unrecorded in the survey; to say nothing of those who tended the flocks and herds, the returns of which so greatly enlarge the pages of the second volume. In some counties we have no mention of a single priest, even where churches are found; and scarcely any inmate of a monastery is recorded beyond the abbot or abbess, who stands as a tenant in capite. These remarks might

be extended, but they are sufficient for their purpose. They show that, in this point of view, the Domesday Survey is but a partial register. It was not intended to be a record of population further than was required for ascertaining the geld.

There is one important fact, however, to be gathered from its entries. It shows in detail how long a time elapsed before England recovered from the violence attendant on the Norman Conquest. The annual value of property, it will be found, was much lessened as compared with the produce of estates in the time of Edward the Confessor. In general, at the survey, the king's lands were more highly rated than before the Conquest; and his rent from the burghs was greatly increased: a few also of the larger tenants in capite had improved their estates; but, on the whole, the rental of the kingdom was reduced, and twenty years after the Conquest the estates were, on an average, valued at little more than three-fourths of the former estimate. An instance appears in the county of Middlesex, where no Terra Regis, however, occurs. The first column, headed T. R. E., shows the value of the estates in the time of King Edward the Confessor; the second, the sums at which they were rated at the time of the survey, tempore Regis Willielmi :

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Appeals to the decision of this Survey occur at a very early period. Peter of Blois notices an appeal of the monks of Croyland to it in the reign of Henry I. Others occur in the Abbreviatio Placitorum from the time of John downward. In later reigns the pleadings upon ancient demesne are extremely numerous; and the proof of ancient demesne still rests with the Domesday Survey. Other cases in which its evidence is yet appealed to in our courts of law, are in proving the antiquity of mills, and in setting up prescriptions in non decimando. By stat. 9 Edw. II., called Articuli Cleri, it was determined that prohibition should not lie upon demand of tithe for a new mill. The mill, therefore, which is found in Domes day must be presumed older than the 9th Edw. II., and is of course discharged, by its evidence, from tithe.

On the discharge of abbey-lands from tithes, as proved by Domesday, it may be proper to state that Pope Paschal II., at an early period, exempted generally all the religious from paying tithes of lands in their own hands. This privilege was afterwards restrained to the four favoured orders, the Cistercians, the Templars, the Hospitallers, and the Premonstratensians. So it continued till the fourth Council of Lateran, in 1215, when the privilege was again restrained to such lands as the £ s. d. abbeys had at that time, and was declared not to extend to any after-purchased lands. And it extends only to lands dam propriis manibus coluntur. From the paucity of dates in early documents, the Domesday Survey is very frequently the only evidence which can be adduced that the lands claiming a discharge were vested in the monastery previous to the year expressed in the Lateran Council.

T.R.W.

86 12 0 157 19 6

86 16 6

20 10 0 112 5 o

24

111 0 0
147 8

0

746 11 0

We shall now say a few words on the uses and consequences of the Survey. By its completion the king acquired an exact knowledge of the possessions of the crown. It afforded him the names of the landholders. It furnished him with the means of ascertaining the military strength of the country; and it pointed out the possibility of increasing the revenue in some cases, and of lessening the demands of the tax-collectors in others. It was moreover a register of appeal for those whose titles to their property might be disputed.

Although in early times, Domesday, precious as it was always deemed, occasionally travelled, like other records, to distant parts, till 1696 it was usually kept with the king's seal, at Westminster, by the side of the Tally Court in the exchequer, under three locks and keys, in the charge of the auditor, the chamberlains, and deputy chamberlains of the exchequer. In the last-mentioned year it was deposited among other valuable records in the Chapter House, where it still remains.

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