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rubric or doctrine of the Church of England, but most dangerous and likely to produce most serious mischief to the cause of morality and religion" (n).

By the canon law a minister may not reveal any matters confided to him in confession, except they be such crimes as by the laws of this realm his own life may be called into question for concealing the same (o); but this may be overridden by the common law. A great authority (p) says, “I think that the modern law of evidence is not so old as the Reformation. It came into existence at a time when exceptions in favour of auricular confessions to Roman Catholic priests were not likely to be made. The general rule is that every person must testify to what he knows. An exception to the general rule has been established in regard to legal advisers, but there is nothing to show that it extends to clergymen, and it is usually so stated as not to include them." But, on the other hand, he says, "Several judges have, for obvious reasons, expressed the strongest disinclination to compel such a disclosure."

The relation of confessor and penitent does not necessarily imply undue influence (9).

CONFIRMATION. An apostolic rite of laying on of hands which must be performed by a bishop in the English and Roman churches, but may be by a priest in the Greek church. In the latter church, also, baptism and confirmation are simultaneous. In the English church adults are to be confirmed as soon as conveniently may be after baptism, but infants not until they come to a competent age (r) (generally over 15). The rubric at the end of the confirmation office states that none can be admitted to the Holy Communion "until such time as they are confirmed, or are ready or

(n) Poole v. Bishop of London (1859), 5 Jur. N. S. 522.

(0) Can. 113.

(p) Mr. Justice Stephen, Digest of the Law of Evidence, 5th ed., p. 195; and see Best on Evidence,

ss. 583, 584.

(a) Parfitt v. Lawless (1872), L. R. 2 P. & D. 462; and see CLERGY; DISABILITIES.

(r) For various directions, see the rubrics to baptismal services.

desirous to be confirmed." By the canon law, the bishop has supreme power as to confirmation, and he may confirm without presentation by the minister (s). There must be a confirmation in every parish once in three years, unless the bishop is unable by reason of some infirmity; and the ministers are to see that the candidates are properly prepared (†). It is said that, like baptism, the rite of confirmation must not be repeated.

CONGREGATION means (1) the whole Christian church; (2) the persons publicly worshipping together in the same place. The presence of three or four persons is sufficient to make a congregation in this sense (u). For the Communion. Service there must be three persons in addition to the priest.

A gathering for the purposes of worship is nearly always public even in private chapels. Sir Jenner Fust, says, “A man may be said to read prayers privately, when he reads them to his own household and within his own doors, but when he reads them in a building not within his own doors and to persons not constituting part of his household, such reading must be public" (x).

CONSISTORY COURT is the Court of a diocese for the trial of ecclesiastical causes. The bishop's chancellor is the judge, and from his sentence an appeal lies to the archbishop of the province. Sometimes the bishop sits with his chancellor; but the judgment is delivered by the latter (y).

CONVOCATION is the representative assembly of the clergy. There is a separate convocation for each province, the two together forming the Synod (q.v.). Each consists of an Upper and Lower House, and in the province of Canterbury

(s) Saunders v. Head, ubi infra. (t) Cans. 60 and 61; and Saunders v. Head (1843), 2 N. of C. 355.

(u) Barnes v. Shore (1846), 10 Jur. 890; Freeland v. Neale (1848), 12 Jur.

(x) See Freeland v. Neale, ubi supra. (y) See Tanner v. Scrivener (1888), 13 P. D. 128; White v. Bowron (1873), L. R. 4 A. & E. at p. 211; and see APPEAL.

a House of Laymen has of recent years been established, which, however, cannot be said to represent the laity. The Upper House comprises the archbishop and the bishops of the province, the Lower House, deans, archdeacons, suffragan bishops, and proctors, who are the elected representatives of the parochial clergy and cathedral chapters. The Lower House of Canterbury numbers about 160 members, and that of York about 80 members. There is also a Prolocutor or Speaker of each Lower House. The archbishop is the president of the convocation of his province, and it has been held that he has the right of deciding that a candidate who had been elected to represent an archdeaconry in the Lower House is disqualified, and that the High Court has no jurisdiction to compel him by mandamus to admit the candidate to convocation ().

Convocation, "in some shape, is probably older than parliament. In the time of Edward I. and Edward II. there were attempts made, partially and temporarily successful, to incorporate it into parliament. The clergy are still summoned in the writs addressed at the beginning of each parliament to the archbishops and bishops of England, though this has long ceased to be anything more than an obsolete form. The old writ remains as a piece of evidence; but the separation of convocation has been complete since the days of Richard II., if not of Edward III. In convocation the clergy not only passed canons with the king's consent, but taxed themselves." "In his convocation the archbishop sat as king, his suffragans sat in the upper house as his peers, the lower house represented the commons " (a).

The reason why there are two convocations is that the clergy objected to meet unless summoned by their archbishop, though as a matter of fact they never could assemble of themselves, and were always summoned by the king's writ, and this appears by the Act of Submission (b), whereby, after reciting that convocation always assembled only by the

(2) Queen v. Archbishop of York (1887), 20 Q. B. D. 740.

(a) Ibid. p. 746.
(b) 25 Hen. 8, c. 19.

king's writ, it was enacted that no canons should be promulgated unless with the king's assent, subject to imprisonment and fine. Convocation is now summoned by the archbishop under the sovereign's direction. Self taxation by the clergy was discontinued about 1665 (c). After that, only formal meetings of convocation were held for a long time. Early in the 18th century some meetings were held at which doctrines were discussed, but after 1717 it did not sit again till the reign of her present majesty (d).

Convocation can pass resolutions; thus, in 1864 it condemned "Essays and Reviews" (e), and in 1872, it considered the report of the Ritual Commissioners (d), and it has, in 1889, declared itself in favour of the establishment of brotherhoods. It has also considered the question of the revision of the Prayer Book; but it has no legislative power whatever, and no control over the clergy.

COPE was originally an out-door dress for defence against rain, and consequently called pluviale (ƒ). As an ecclesiastical vestment it may be described as a cloak fastened in front and sometimes furnished with a hood or cowl. It is the eucharistic vestment of the Armenian Church, and also of the English Church in cathedrals and collegiate churches. It is also used at coronations, but it may not be worn at other times or in other places. Copes are "superstitious or "plain," and it would seem that the cope which is legal in the English Church is the plain white cope (g).

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It may, perhaps, be permitted to suggest that a fair way of settling the present vestment disputes would be to make the cope an alternative eucharistic vestment everywhere.

The advantages of this course are:-(1) that the cope is already legally in use, (2) that the doctrinal objections to it

(c) Queen v. Archbishop of York, ubi supra.

(d) See Cripps, p. 27.


(f) Smith, Dict. ; and see Scudamore Notitia Eucharistica.

(9) See Ridsdale v. Clifton (1877), 2 P. D. 291.

are not so great as to the chasuble (q. v.), (3) a distinctive eucharistic vestment would be obtained.

CORPORAS. A small linen cloth placed on the Lord's Table on which the consecrated elements are placed. It is a legal "ornament." A "fair linen cloth" is also used in the Church of England to cover up what remaineth of the consecrated elements (h).

CREDENCE TABLE is simply a small side table on which the bread and wine are placed before the consecration. The rubric directs that at a certain point in the course of the service the minister shall place the bread and wine on the Communion Table, but where they are to be placed previously is no where stated. The Privy Council have therefore held that the use of a credence table as an adjunct to the Communion Table is perfectly unobjectionable and legal (i).

CREEDS. The Apostles and Nicene Creeds date from the 4th century, and the Athanasian from about the 7th. They are used by the Romish and English Churches (k), but are rejected by many Protestants. The Athanasian Creed has been rejected by various churches of the Anglican Communion, and a large party in the Church of England is desirous that it may be made optional. Neither the Apostles or Athanasian Creeds are used in the offices of the Eastern Church or any of its branches, nor have they ever been (7).

CREMATION. The burning of a dead body instead of burying it is not in itself illegal (m), and there would seem to be no objection to the Church Burial Service being used at a cremation. The burning must not take place so as to be a nuisance, or with a view of preventing a coroner's inquest (m).

(h) See Rubric.

(i) Liddell v. Westerton (1857), 5 W. R. 477.

(k) See Art. 8.

(1) Hook's Church Dict. p. 264. (m) R. v. Price (1884), 12 Q. B. D. 247 R. v. Stephenson (1884), 13 Q. B. D. 331.

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