(one to whom any thing is committed), in the ecclesiastical law, an officer of the bishop, who exercises spiritual jurisdiction in places of a diocese so far from the episcopal see that the chancellor cannot call the people to the bishop's principal consistory court without putting them to inconvenience.

COMMISSARY Court, in Scotland, a court originally constituted by the bishops, and anciently called the bishop's court, curia Christianitatis, or consistorial court. This court was regulated by Queen Mary at the Reformation, and continued in a certain modified form as a separate tribunal until a recent period, when the power and jurisdiction was transferred to the Court of Session. See SCOTLAND.

COMMISSION—COMMISSIONER. The word commission, from one of the many meanings of the Latin committo, whence it is derived, has been extensively used to express the imparting of power and authority by a superior to an inferior. The terms are used for a great variety of functionaries both in this and in other countries; and while the prime minister of Britain is generally the first commissioner of the treasury, the person whose duty it is to carry the messages for the guests at a French inn is called the commissioner. In its older use in Britain it was generally restricted to authority proceeding directly from the Crown. In many late instances, however, persons employed by the secretary of state or any other minister to conduct investigations for the public service have been called commissioners, and more lately the term has been applied to persons employed to make special inquiries into local abuses or other matters of interest by the publishers of newspapers. In the army the old distinction is still preserved, those who from the rank of ensign upwards receive their authority to command under the sign-manual being called commissioned officers, while sergeants and corporals are called non-commissioned. There are some great offices of state which it has lately been the practice to supersede by commissions. The lord high treasurer, and the lord high admiral, whose authority was exercised by mere investment with the insignia of office, have been superseded by commissions, the head of each department being called the first lord commissioner. The great seal is sometimes placed in commission. An account of the various commissions in Great Britain would be an account of the greater part of the official administration of the country. Many of them are judicial, as the commissioners of oyer and terminer in England, the commission of reinds in Scotland, and the various commissions of the peace. Others are purely administrative, such as the poor-law commission, the board of health, and the revenue boards. Some commissioners are especially appointed by statute, as the commission of supply in Scotland; while others are elected by certain constituencies acting under statutory authority, as, for instance, police and improvement commissioners. The permanent commissions are generally of immemorial constitutional existence, or have been created by statute. Sometimes commissions of inquiry have been issued by the sovereign on a parliamentary address, or without this preliminary. It is usual in such commissions to impart authority for summoning and examining witnesses. From the general spirit of co-operation in all useful public inquiries, such powers have seldom been disputed, and in general those appointed to make inquiries under mere ministerial instruction have seldom felt any difficulty in obtaining testimony. When, however, the royal commission for inquiry into municipal corporations in England was issued, the London companies conceived themselves sufficiently powerful to resist investigation.

The Merchant Tailors' Company, in November 1833, expressing their readiness to disclose their affairs to any competent tribunal, passed, among other resolutions, one to the effect, "that this court being satisfied that any information given by their authority to the municipal corporation commissioners would be purely voluntary, feel that they cannot, consistently with the ancient and lawful oath taken by each individual on his admission to the court of assistants, disclose any matter which in their knowledge or judgment was not intended to be published." They were backed by an elaborate opinion from Sir James Scarlett (afterwards Lord Abinger), Mr Follet, and Mr Rennell. Sir James said, "I am of opinion that the Crown cannot by virtue of the prerogative alone compel any subject to make communications or disclosures upon oath or otherwise, except in a due course of the administration of justice. The Crown may issue a commission to hear and determine offences against the law; and in cases where the Crown is visitor of ecclesiastical corporations or hospitals, it may visit by special commissioners as well as by the chancellor. But even then the visitatorial power must be called into action like any other judicial power by the complaint of some party grieved, to whom the ordinary means of redress have been refused, or by way of appeal from some domestic forum which has exercised its judgment upon a specific complaint. But I apprehend that a roving commission to inquire for grievances and to compel answers, even in cases where the Crown can visit by commissioners, much more in cases where it cannot, is clearly contrary to law."

Commission of Bankrupt. See BANKRUPTCY.