COMMENDAM. Stat. 6 & 7 Gul. 4. c. 77. s. 18. No commen dam to be held by a bishop. The declarations in the books of common law are in accordance with the foregoing canon, viz. that, de jure communi, all promotions are vacated by the taking of a bishopric as such; and that not only English promotions by bishoprics in England, but likewise English promotions by bishoprics in Ireland, and vice versa; and also by the bishopric of the Isle of Man. But the law was otherwise, where it was a mere titular bishopric, or a suffragan bishopric under stat. 21 Hen. 8. c. 14. (1) The law respecting commendams has, however, been abolished by stat. 6 & 7 Gul. 4. c.77. s. 18. (2); which enacted, that "no ecclesiastical dignity, office, or benefice shall be held in commendam by any bishop, unless he shall so hold the same at the time of passing thereof; and that every commendam thereafter granted, whether to retain or to receive, and whether temporary or perpetual, shall be absolutely void, to all intents and purposes." Canon 113. sion of sins shall not be revealed by ministers. CONFESSION. By canon 113., after empowering ministers to present offences at the Secret confes- Court of Visitation, it is provided, "that if any man confess his secret and hidden sins to the minister, for the unburdening of his conscience, and to receive spiritual consolation and ease of mind from him, we do not any way bind the said minister by this our constitution, but do straitly charge, and admonish him, that he do not, at any time, reveal and make known to any person whatsoever, any crime or offence so committed to his trust and secrecy (except they be such crimes as by the laws of this realm his own life may be called into question for concealing the same), under pain of irregularity." (3) (1) Evans v. Asciuth, Noy, 93. Jones (Sir W.), 158. Latch, 233. Anon. Palm. 344. Edes v. Walter (Bishop of Oxford), Vaugh. 19. Gibson's Codex, 913. Those who may be desirous to acquire additional information upon the subject are referred to Colt and Glover v. Coventry and Lichfield (Bishop of), Hob. 140. 1 Rol. 452. Pew v. Jeffryes, Cro. Car. 456. Edes 914. (2) Stephens' Ecclesiastical Statutes, 1723. (3) The Bishop of Hereford, in his charge at the triennial visitation in 1845, affirmed that for neither "auricular confession," nor "penance as a sacrament," "can any fair semblance of authority be found in scripture. or in the remains of the primitive writers." "That it is a duty," his lordship said. "to make confession of sin privately in our secret chamber, and publicly in the congregation of the faithful, no christian believer can doubt. Hence, in the very opening of our own double daily service, we are exhorted to acknowledge and confess our sins before the face of Almighty God our heavenly father, to the end that we may obtain forgiveness of the same through his infinite goodness and mercy.' When, if there be truth in the inward parts,' if our service be not mere lip service, each of us will in mind recount, and individualise, and repent of, his own peculiar transgressions, and find ease and comfort from the simple assurance pronounced by God's accredited servant. In the communion office, also, is a special exhortation for every one who shall perceive himself to have offended,' that with full purpose of amendment of life he confess himself to Almighty God,' to whom it CONFIRMATION. Directions given to the godfathers and godmothers that the child be brought to the bishop In the office of public baptism, the minister directs the godfathers and godmothers to take care "that the child be brought to the bishop to be confirmed by him, so soon as he or she can say the creed, the Lord's Prayer, and the ten commandments in the vulgar tongue, and be further instructed in the church catechism, set forth for that purpose." And by the rubric, at the end of baptism of those that are of riper years:-"It is expedient, that every person, thus baptized, should be confirmed by the bishop, so soon after his baptism as conveniently may be, that so he may be admitted to the holy communion." "So soon as And by the rubric, before the office of confirmation : children are come to a competent age, and can say in their mother tongue the creed, the Lord's Prayer, and the ten commandments, and also can answer to the other questions of this short catechism, they shall be brought to the bishop." By canon 60., "Forasmuch as it hath been a solemn, ancient, and laudable custom in the Church of God, continued from the apostle's time, that all bishops should lay their hands upon children baptized and instructed in the catechism of the Christian religion, praying over them, and blessing them, which we commonly call confirmation, and that this holy action hath been accustomed in the church in former ages, to be performed in the Lishop's visitation every third year (1), we will and appoint, that every xkegs to pardon as to punish. And again, the visitation of the sick,' for the unrdening, and relief, and clearing, of the man's conscience, and for the comfort f the penitent and contrite in heart - all arranged in full accordance with scripture, *d with early and long accustomed usage. But where in scripture is any authority for at private, auricular confession to a priest, rdered by the Fourth Council of Lateran, (A.D. 1215), to be made at least once a year y all? involving, what is nowhere named in holy writ, sacramental penance as the rly remedy for post-baptismal sins; that practice and remedy, without which the (1) Every third year: — - The Reformatio Directions given to the godfathers and godmothers that the child be brought to the bishop to be confirmed. Adults to be examined as soon after baptism as conveniently may be. When children to be brought to the bishop. Canon 60. Bishop, or his suffragan, to confirm in his triennial visitation. CONFIRMATION. bishop, or his suffragan, in his accustomed visitation, do in his own person, carefully observe the said custom. And if in that year, by reason of some infirmity, he be not able personally to visit, then he shall not omit the execution of that duty of confirmation the next year after, as he may conveniently." Canon. 61. None to be confirmed, except such as can render an account of their faith according to the catechism. Curates to forward a list of names of such persons within their parishes as are fit to be confirmed. Witnesses of confirmation Persons not to be godfathers or godmothers urless they have received the communion. The baptismal name cannot be altered at confirmation. None to be By canon 61., "Every minister that hath cure and charge of souls, for the better accomplishing of the orders prescribed in the Book of Common Prayer concerning confirmation, shall take especial care, as that none shall be presented to the bishop for him to lay his hands upon, but such as can render an account of their faith according to the catechism in the said book contained. And when the bishop shall assign any time for the performance of that part of his duty, every such minister shall use his best endeavour to prepare and make able, and likewise to procure as many as he can to be then brought, and by the bishop to be confirmed." And by the rubric :- "Whensoever the bishop shall give knowledge for children to be brought unto him for their confirmation, the curate of every parish shall either bring, or send in writing, with his hand subscribed thereunto, the names of all such persons within his parish, as he shall think fit to be presented to the bishop to be confirmed." And if the bishop approve of them, he shall confirm them according to the form in the Book of Common Prayer. "And every one shall have a godfather or a godmother, as a witness of their confirmation." (1) But no person is to be admitted godfather or godmother to any child at confirmation, before such person so undertaking has received the holy communion. (2) Lord Coke says, "If a man be baptized by the name of Thomas, and after, at his confirmation by the bishop, he is named John, he may purchase by the name of his confirmation. And this was the case of Sir Francis Gawdie, late chief justice of the Court of Common Pleas, whose name of baptism was Thomas, and his name of confirmation Francis; and that name of Francis, by the advice of all the judges, in anno 36 Hen. VIII. he did bear, and after used in all his purchases and grants." (3) Upon this passage Dr. Burn observes (4), "But this seems to be altered by the form of the present liturgy. In the offices of old, the bishop pronounced the name of the child or person confirmed by him; and if he did not approve of the name, or the person himself or his friends desired it to be altered, it might be done by the bishop pronouncing a new name upon his ministering this rite, and the common law allowed the alteration; but upon review of the liturgy at King Charles the Second's restoration, the office of confirmation is altered as to this point, for now the bishop does not pronounce the name of the person confirmed, and therefore cannot alter it." (5) By the rubric, at the end of the office for confirmation :—“There shall admitted to the be none admitted to the holy communion, until such time as he be confirmed, or be ready and desirous to be confirmed." communion until they be ready and desirous to be confirmed. (1) Rubric. (2) Canon 29. (3) 1 Inst. 3. (a) CONSULTATION (WRIT OF). (1) Writ defined-Since stat. 1 Gul. 4. c. 21. the writ of consultation seems to be unnecessary. By the writ of consultation, a cause which had been removed by pro- Writ defined. hibition out of the Ecclesiastical Court, or Court Christian, to the King's Court, was returned to its original Court. If the judges of the King's Court, comparing the libel with the suggestion of the party, found the suggestion false, or not proved, and therefore that the cause was wrongfully called from the Court Christian, they, upon this consultation, decreed it to be returned; and hence the writ obtained its name. Since stat. 1 Gul. 4. c. 21. the writ of consultation The plea in prohibition used generally to conclude with a prayer of judgment, and for a writ of consultation; and if the defendant had judgment, he had a writ of consultation directed to the judge of the inferior court sought to be prohibited; but by stat. 1 Gul. 4. c. 21. s. 1. it is enacted, that it shall not be necessary to file a suggestion on any application for prohibition, but that the application may be made on affidavits only; and that in case a party be directed to declare in prohibition, the party defend- seems to be ant may demur, or plead such matters by way of traverse or otherwise as may be proper to show that the writ ought not to issue; and conclude by praying that such writ may not issue, and judgment shall be given that the writ of prohibition do or do not issue as justice may require: and thus the writ of consultation has become obsolete. unnecessary. Stat. (1) Williams on the Clergy, 184. 24 Edw. 1. (Statute of Writ of Consultation) Stephens' Ecclesiastical Statutes, 28. Stat. 50 Edw. 3. c. 4. Ibid. 73. Stat. 1 Defined. Stat. 53 Geo. 3. c. 127. In what cases excommunication is to continue. Episcopal authority to deliver the excommunicate. Stat. 53 Geo. 3. c. 127. ss. 1, 2, & 3. Proceedings upon appearance. CONTUMACY. Defined-Stat. 53 Geo. 3. c. 127. — In what cases excommunication is to continue — Proceedings in cases of excommunication—Awarding and returning of excommunicato capiendo -Episcopal authority to deliver the excommunicate — Proceedings upon appearance Any material defect in a writ of contumace capiendo will be fatal — Where the defendant has not a sufficient addition in the writ — Writ directed to the wrong sheriff — Matter of the cause must be set out in the writ; and that the parties who issued it had jurisdiction Writ of capias with proclamations will be irregular if the proceedings da not show a proper continuance — The statutes require proclamation absolutely — Imanterial if the writ do not purport to have been issued at the time of the delivery of the record — When writ will not be set aside on account of defects in the sentence — When no amendment can be made in a writ of contumace capiendo. The offence of contumacy is a wilful contempt and disobedience of any lawful summons, or judicial order. If a party cited to appear in any Ecclesiastical Court, or required to comply with any order or decree, whether final or interlocutory, of any such Court, neglect or refuse to appear, or to obey, or if any party commit a contempt in the face of the Court, the judge or judges who issued the citation, or whose order or decree has not been obeyed, or before whom the contempt has been committed, may, under stat. 53 Geo. 3. c. 127. s. 1. (discontinuing excommunication in the generality of cases), pronounce the party contumacious, and within ten days signify the same to the Queen in Chancery, whereupon a writ de contumace capiendo will issue from the Court of Chancery, returnable in the Queen's Bench in the same manner as the writ de excommunicato capiendo used to be: and by that act, the rules which applied to the latter writ and the consequent proceedings, and particularly the provisions of stat. 5 Eliz. c. 23. are extended and applied to the former writ and the proceedings consequent thereon. All archbishops and bishops, and others having authority to certify persons contumacious, have authority to accept and receive submission and satisfaction, and to absolve and release the defendant, and certify the same into Chancery, and have a writ there for the deliverance of the person so detained in custody. By stat. 53 Geo. 3. c. 127. s. 1., upon the due appearance, or the obedience, or the due submission of the party, the judges or judge of the Court must pronounce him absolved from the contumacy or contempt, and order the sheriff, gaoler, or other officer having him in custody, to discharge him, and immediately upon his payment of the costs of his custody and contempt, he will be discharged accordingly. But by s.2. persons may still be pronounced excommunicate in definitive sentences, or in interlocutory decrees having the force and effect of definitive sentences. |