Page:The New International Encyclopædia 1st ed. v. 05.djvu/372

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CONSIGNMENT. 316 CONSOLATO DEL MABE. livciod by one party, called the consignor, to an- other, called the consignee, for custody, for transportation, for sale, or pursuant to a con- tract for their sale. When they are delivered to a common carrier for transportation, the consignment is generally evidenced by a hill of ladi)iy (q-v.). (2) The act of consigning goods. «ee J^.ailment; C'aueier, Common; Factor. CONSISTORY (Lat. consistoriiim, from con- sislcrc, to stand together, from com-, together + sistcre, to station, from stnrc, to stand). Prop- erly a place of assembly, but in later Latin the word came to mean a particular place where the Council of the Koman Emperor met, and, after the time of Diocletian and Constantiue, the Council itself, which became the supreme judicial tribunal of the later Roman Empire. Up to the time of iIarcus Aurelius. the Roman Emperor frequently exercised in person the su- preme judicial authority, ^hicli covered mat- ters brought directly before him for decision, as w-ell as appeals from the judgments of the pro- vincial ]ir;etors in all parts of the Empire. In the trouldous times which succeeded, this function was devolved upon a council, made up largely of jurists, which acted in his name, and whose judgments were of equal authority with statutes immediately promulgated by him. These judgments of the consistory were known as decrees (decrela) and formed an important part of the imperial legislation (constitiitioin's) of the later Emiiire. In the membership of this Council were the imperial officials, and its func- tion was to delilierate on the important affairs of legislation, administration, and justice. The form of the imperial consistory passed over into the early Christian Church. The bishops estab- lished their consistories, and the name was ap- plied to the assemblies of the Roman clergy and the bishops of the suburban sees, out of which the College of Cardinals has developed. Public consistories are now held in the Vatican for formal functions, such as the giving of the hat to a cardinal, the final decision on the question of canonization, or the reception of an ambassa- dor. Private consistories, to which none but cardinals have access, discuss a variety of ad- ministrative matters, such as the erection of new sees and the nomination of cardinals and bishops. The detailed work, however, is done in the committees, which are known as consistorial congregations. (See Congregation.) In the Greek Church each bishop has his own con- sistory of three to seven members nominated by him and confirmed by the Holy Govern- ing Synod. An appeal lies from the consistory to the bishop, and from the bishop to the synod. In English ecclesiastical law. the consistory or consistorial court is the tribunal in which the bishop exercises his ordinary legal jurisdic- tion. This jurisdiction was formerly very ex- tensive, including the trial for common-law of- fenses of clerks, or persons entitled to claim exemption from the process of the secular tribu- nals (see Benefit op Clergy), and to a very re- cent date the cognizance of all matrimonial causes, the probate of wills, the administration of decedents' estates, etc. The reform of the judicial procedure in England in 1857 trans- ferred the latter classes of cases to the jurisdic- tion of the ordinary tribunals, leaving to the consistorial courts only their more strictly ec- clesiastical jurisdiction. This is very consider- able, however, and includes the trial of a clergy- man for otienses against morality as well as upon questions of doctrine or ritual. In general, an appeal lies from tlie judgment of the consis- tory court to that of tlie archbishop — the Court of Arches (of Canterbury) — or the Chancery Court of York. The i)residing officer of the con- sistory is the chancellor of the diocese, his judi- cial title being variously the ordinary, the offi- cial - principal, and vicar - general. See those titles; also Ecclesiastical Courts; Ecclesias- tical Law; and consult Phillimore, Ecclesias- tical Laiv of the Church of England (2d ed., London, 1895). In the Lutheran State churches the consistory is a board of clerical officers either national or provincial, usually appointed by the sovereign ^nd charged with various matters of ecclesiastical administration. These bodies exercise a super- vision and discipline over the religion and educa- tion of the people, as well as over the clergy and the schoolmasters, and examine the candidates for the ministry for license and ordination. They have also the regulation of public worship and the administration of church property. In the Protestant churches of France the consistory exercises a more restricted jurisdiction than in Germany. In the Reformed (Dutch) Church the consistoi-y is the lowest ecclesiastical court, having charge of the government of the local church and corresponding to the session of a Presb^'terian church. CO^fSOLACION DEL SUR, kon's6-la'the-6n' del soor (Sp., Consolation of the South). A town in the Province of Pinar del Rio, Cuba, about 15 Uiiles northeast of Pinar del Rio. It is noted for the excellent tobacco produced in its vicinity. Population, in 1809, 3002. CONSOLATO DEL MARE (Sp., Consulate of the Sea). A celebrated code of maritime law, compiled, it is believed, at Barcelona in the four- teenth century, and made up of the settled usages, in respect to trade and navigation, of the maritime communities of the Mediterra- nean. The earliest copy known was published at Barcelona, in 1494, in the Catalan language. It contains ( 1 ) a code of procedure issued by the kings of Aragon for the guidance of the courts of the consuls of the sea ; ( 2 ) a col- lection of ancient customs of the sea; and (3) a body of ordinances for the government of cruisers of war. It enjoyed considerable author- ity, and has passed, by legislation and by judicial adoption, into the maritime law of Europe and -jmerica. Its provisions were largely embodied in the French Maritime Code of 1081 (Ordon- nance sitr la marine). The code was translated into Italian and printed in Venice in 1549, and French, Dutch, German, and English transla- tions have also been made. The most valuable portion, the customs of the sea, will be found ])rinted in Engli.sh in the appendix to the Black Book of the Admiralty (London, 1874) . Consult: Robinson, Collectanea Maritima (London, 1801) ; Pardessus, Collection des lois mariUmes antd- rieiires au ISime siecle (Paris, 1828-45) ; Reddie, Researches, Historical and Critical, in Maritime International Lan' (Edinburgh, 1844-45) ; Whea- ton, llistortf of the Laii- of Nations in Enrope and America {'Sew York, 1845) : Schaube. Das Konsulat des Mccres in Pisa (Leipzig. 1888) ; Valroger, Etude snr I'institution des consuls de la mer au moyen-age (Paris, 1891).