Page:The American Cyclopædia (1879) Volume VI.djvu/207

 DOMINIC 199 or judicial separation, they are capable of ac- quiring a distinct domicile of their own. 3. The domicile of origin is lost immediately when a person of full age, or legally competent to act for himself, takes up his abode elsewhere with the intention of abandoning the former and of remaining permanently in such new place of abode. To these rules it may be add- ed that presumptively the place where a man lives is his domicile, where nothing to the con- trary appears. The law of domicile is specially important as regards the transmission and dis- position of property. While the conveyance and descent of real property are governed by the law of the place (lex rei sitce), personal property, on the other hand, for the purposes of distribution in cases of insolvency and intes- tacy, and also of disposition by testament, is to be governed by the law of the owner's last domicile. This is a principle universally recog- nized, without regard to the location of the property, except that a state may doubtless exercise the right to appropriate property ac- tually within its limits to the satisfaction of claims due to its own citizens, to the exclusion of claimants abroad. As regards belligerent rights and liabilities, if a person reside in a country which is at war with another, his prop- erty will be lawful prize as belonging to a bel- ligerent; or if the country be neutral, he is entitled to the privileges of a neutral in respect to bonafide 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 resi- dence and engagement in business, which it will be seen does not per se constitute a domi- cile in respect to other legal incidents. A sin- gle exception is made in the case of a person who leaves his own country flagrante lello, it being thought inconsistent with his natural al- legiance that he should be permitted to enter into neutral relations with the enemy after war had actually commenced. On the same prin- ciple greater strictness would probably be in- sisted upon in regard to the nature of the resi- dence when the question was between the emigrant and his native country, even if he went abroad before the breaking out of hostili- ties ; yet it is difficult to see how even in that case it could be required that a domicile should have been acquired other than results from actual residence abroad for lona fide business purposes. 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 an- other, or where he is carrying on business in two places, is repudiated in England and in the United States. DOMDJIC, or Domingo (called DE GUZMAN since 1555), a saint of the Eornan Catholic church, and founder of the order of preachers, or fri- ars preachers, born in Calahorra, Old Castile, in 1170, died in Bologna, Aug. 4, 1221. His father's name was Felix. His mother, Juana de Aza, revered as a saint in Spain, placed him in his seventh year with his uncle the arch- priest of Gumiel de Izan, and at the end of his 14th sent him to the university of Palencia. At the age of 2.0 he lost his mother, commenced the study of theology and canon law, and in his 25th year was in priest's orders, teaching dogmatic theology and Scripture in the univer- sity, and creating a wonderful impression by his sermons. About this period he sold his furniture and books to relieve the poor during a famine, and offered himself in bondage to the Moors to redeem a Christian prisoner. In 1198 the bishop of Osma, Martin de Bazan, ap- pointed him a canon of his cathedral, and pro- moted him to the dignity of sub-prior and arch- deacon when he soon after reformed his chap- ter. Diego de Azeves (or Azevedo), De Bazan's successor, chose Dominic as his associate, when charged in 1203 with negotiating the marriage of the heir of Castile with a princess of Lu- signan. In passing through southern France the ambassadors were grieved at the disorders prevalent among nobles and churchmen, and the dangers to the Catholic church from the spread of the Albigensian doctrines. Domi- nic was entertained in Toulouse by a leading Catharist, who questioned him on their doc- trinal differences, and acknowledged on the spot his own error. This, historians say, gave Dominic the first idea of founding a society of learned priests devoted exclusively to the work of preaching. The matrimonial negotiation hav- ing been happily concluded, the ambassadors were again despatched to escort the bride to Castile, but they only arrived in time to see her carried to her grave. This event, and what they had witnessed in their second jour- ney through Languedoc, inspired the ambassa- dors with the resolution of trying in their own persons what preaching supported by a life of self-denial could effect to win back the Catharists, and rouse Christians of all classes to a sense of duty. They proceeded to Eome, obtained the approval of Innocent III. with a two years' leave of absence for the bishop, and were soon back in Montpellier, where they met the legates commissioned to suppress heresy in the ecclesiastical province of Narbonne. These were Cistercian monks, living in great state, while the Catharists avoided all repre- hensible display. The bishop forthwith dis- missed his retinue, induced the legates to do likewise, placed himself at their head, and they all set out on foot for Narbonne and Toulouse. They preached to the Catholics in the churches, and held conferences with the Albigenses in their houses. At Caraman, near Toulouse, they made a number of conversions ; in B6ziers, where the Catharists were in a ma- jority, Dominic's eloquence attracted large multitudes, but produced no effect otherwise ; in Carcassonne, where the bishop of the city had been exiled, they met with insult ; and, turning once more toward Toulouse, they stop- ped at Fanjaux for eight days. There occurred an event much dwelt upon by Dominic's early