Page:Catholic Encyclopedia, volume 4.djvu/231

 COMPROMISE

ISO

postela, and who continued the work of Bishop Pelaez ; Pedro Munoz (1207-11), who finished the cathedral; Cardinal Miguel Paya y Rico (1874-85), who had the honour of discovering in a crypt behind the high altar of the cathedral the sepulchre and the relics of the Apostle St. James.

The sepulchre of St. James and questions relat- ing thereto are treated in the article James the Greater, Saint. It will suffice to mention here the dociunent which confirms better than any other the history and the authenticity of this sacred relic of the primitive Christian life of Spain, i. e. the solemn Bull of Leo XIII (1 Nov., 1884) in which he confirms the declaration of Cardinal Paya, Archbishop of Compos- tela, concerning the identity of the bodies of the Apos- tle St. James the Greater and his disciples Athanasius and Theodorus.

Lopez Ferreiro, Hisloria de la Santa Apostuhca Metropoli- tana Iglesia de Compostela (Santiago, 1S98-1906\ I-VIII; Florez Espaila Sagrada (Madrid. 1754-1792), III. XIX, XX; FiTA. Santiago de Galicia in Razon y Fe (Madrid, 1901, 1902); Rivett-Carnac. La Piedra de la coronacidn en la abadia de Westminster y su conexion legendaria con Santiago de Compostela in Boletin de la Real Academia de la Historia (Madrid, 1902), XL. 430; Brutails, VArcheologie du Moyen Age (Paris, 1900); Lopez Ferreiro y Fita, Monumentos antiguos de la Iglesia Compostelana (Madrid, 188^3); FlTK.Actas ineditas (atios 1282— ISIU) de siete concilios espafwles (Madrid, 1882); FiT.v T Fernandez Guerra, Recuerdosdeun viaje d Santiago de Galicia (Madrid. 1880). The Bull of Leo XIH, Omnipotens Deus. is in Acta Sancta Sedis (Rome, 1884). XVII, 262. See Acta SS., 25 July (Venice. 1748). and for the Church of St. James, Street, Some Account of Gothic Architecture in Spain (London. 1865); Barker Church of St. James of Compostela in Catholic World (1878). XXVI, 163; Pilgrimage to Santiago de Compostelam Prater's Magazine (1864), LXX, 274; Villamil t Castro, La catedral Compostelana en la edad media y el sepulcro de Santiago (Madrid. 1879); Chevalier, Topo-bibl., s. v. Compostela and Bio-bibl.. s. v. Jacques le Majeur,

F. Fit A.

Compromise (in Caxon Law), in a general sense, is a mutual promise or contract of two parties in con- troversy to refer their differences to the decision of arbitrators. Compromise (Lat. Compromissum) may take place either in elections or in other matters in which dispute arises. In the latter ease it may be effected either by law or by option. If the arbiter holds his position by prescription of law, ex jure, the compromise is by law or necessary; if by agreement of the parties, the compromise is by option or voluntary (arbiter compromissarius). In compromise by law the arbiter juris is compelled to take the office ; his sentence can be appealed from ; but he has coercive power over all and can examine and punish. Whereas in compro- mise by option the voluntary arbiter is free to under- take the office ; there is no appeal from his decision, for the parties freely bind themselves to abide by it; he can only take cognizance of the case ; and his duties and powers are defined, conferred and imposed by the parties who have freely chosen him. According to Roman law, and also the old canon law (jus retus), there was no appeal from the decision of the voluntary arbiter. Later canon law, however, admits of an ex- trajudicial appeal iprorocntio nd cnunam), especially if there be manifest injustice in the decision. If more than one arbiter be appointed, the number should be an odd one. The stibject of compromise can only be such matter as lies within the disposition of the contesting parties. Hence causes beyond the disposal of private parties cannot be made the subject of compromise, as, e. g., criminal causes, matrimonial causes properly so called, causes reserved by law to the supreme courts.

Compromise in elections consists in a commission given by the body of electors to one or several persons to designate the elected person in the place of all. This compromise, in order to bi> valid, must be the act of all the electors, unless it results from a pontifical declaration. It is not necessary that the compromis- sarii thus chosen belong to the chapter (q. v.) or to the body of electors; they must, however, be clerics,

as laymen cannot exercise ecclesiastical jurisdiction and are expressly excluded from elections by law. The electors can posit conditions which must be ful- filled by the arbiters, if they are not against the gen- eral canon law. If such conditions are legitimate, they must be fulfilled under penalty of nullity of the compromise or of the election thus performed. In an absolute and unconditioned compromise the arbiters are bound only by the general laws of procedure to be observed in elections. If the person thus designated by the compromissarii be qualified and worthy, and the form and the limits of the compromise be ob- served, the electors must abide by the result of this decision.

Pkrmaneder in Kirchenlex., Ill, 778; Ferraris. Prompta Bibhotheca (Rome, 1885), I, s. v. Arbiter, Arbitrator: Tadnton, The Law of the Church (London, 1906), s. v. Arbiter.

Leo Gans.

Comte, AuGtisTE. See Positivism.

Conal (or Conall), Saint, an Irish bishop who flourished in the second half of the fifth century and ruled over the church of Drum, County Roscommon, the place being subsequently named Drumconnell, after St. Conal. Colgan and his copyists inaccurately locate his church at Kilconnell in County Galway, but it is now^ certain that the church of which St. Conal was bishop was south of Boyle, and, as a matter of fact, the saint is known as " Blessed Conal of Drum". The error of ascribing Kilconnell and Aughrim, County Galway, as foundations of St. Conal can also be dis- sipated by a reference to the life of St. Attracta, wherein it is recorded that she came to the neighbour- hood of Boyle in order to build a cell near the church of her uterine brother, St. Conal, but was dissuaded from her project by St. Dachonna of Eas Dachonna, now Assylin, at the bidding of the saint. We read that St. Attracta prophesied that the episcopal churches of St. Conal (Drumconnell) and St. Dach- onna (Eas Dachonna) would in after days be reduced to poverty, owing to the fame of a new monastic estab- lishment. This prophecj' was strikingly fulfilled, inas- much as Drum and Assylin soon after ceased to be episcopal sees, while in 1148 the great Cistercian Abbey of Boyle (q. v.) was founded. St. Conal died about the year 500, and his feast is celebrated on 18 March, though some assign 9 February as the date.

Coui.^,^, Acta Sand. Hib.: Ada SS., 11; O'Hanlon, LttiM o/ the Irish Saint.-:, Ill, 837 sq.; Kelly, Martyrology of Tallaght (Dublin, 1857); Todd and Reeves. Martyrology of Donegal (Dublin, 1864); O'Rokke, History of Sligo (Dublin, 1886); Kelly, Patron Saints of the Diocese of Elphin (Dublin, 1904).

W. H. Grattan-Flood.

Conan, Saint, Bishop of the Isle of Man, d. Janu- ary, 684 ; an Irish missionarj', also known as Moch- onna. He is not to be confounded with St. Conindrius, who is said to have been a disciple of St. Patrick, and to have lived to a very advanced age (17 November, 560). The Bollandists place St. Conan amongst the early bishops of Man, and Colgan gives an account of his life and labours. Unfortunately the history of the Isle of Man in the fifth and sixth centuries is very ob- scure, and it is diflirult to get at definite f.acts, yet St. Conan, or Mnchonna, who is also described as "Bishop of Inis- Patrick" left a distinct impress of his zeal for souls in Manxland. Some authorities give the date of his death a.s 26 January, but Colgan, quoting from the ancient Irish martyrologies, gives 13 January, on which day St. Conan's feast is observed. There are also sev- eral minor Irish saints of the same name, including St. Conan of Assaroc (8 March), and St. Conan of Ballina- nuire (2(i .\pril).

rUTl.F.R, Lnvs of the Saints (London, 1857-60), I; Colgan. Ada SS. /I,b. (Louvain, 1645); O'IUnlon. Lives of the Irish Saints (Dublin. 1875), I, 446 sqq.; Knox, Notes on the Diocese of Tuam (1904).

W. H. Grattan-Flood.