Notes and Queries, Number 23, April 6, 1850 by Various
page 18 of 66 (27%)
page 18 of 66 (27%)
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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 reipublicæ præsunt etiam atque etiam mando, ut omnibus æquos se præbeant 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 Wintoniæ, 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 Wintoniæ, et ab Anglicis pro sua generalitate, omnia tenementa totius terræ integre continente _Domesday_ cognominatur." And the he proceeds, "Talem rotulum et multum similem; ediderat quondam Rex Alfredus, in quo totam terram Angliæ per comitatus, centurias, et decurias descripserat, sicut prænotatur. Qui quidem Rotulus Wintoniæ 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, |
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