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CONSERVATOR OF THE PEACE

Volume 6 · 524 words · 1815 Edition

in the ancient English customs, was a person who had an especial charge, by virtue of his office, to see the king's peace kept. Till the erection of justices of the peace by King Ed- ward III., there were several persons who by common law were interested in keeping the peace: some having that charge as incident to other offices; and others simply, or of itself, called custodes, or conservators of the peace. The chamberlain of Chester is still a con- servator. Consistory (Conflatorium), signifies as much Consistory as praetorium, a tribunal: it is commonly used for a council-house of ecclesiastical persons, or place of justice in the spiritual court; a session or assembly of prelates. And every archbishop and bishop of every diocese hath a consistory court held before his chancellor or commissary in his cathedral church, or other convenient place of his diocese, for ecclesiastical causes. The bishop's chancellor is the judge of this court, supposed to be skilled in the civil and canon law; and in places of the diocese far remote from the bishop's consistory, the bishop appoints a commissary to judge in all causes within a certain district, and a registrar to enter his decrees, &c.

Consistory, at Rome, denotes the college of cardinals, or the pope's senate and council, before whom judiciary causes are pleaded. Du Cange derives the word from conflatorium; i.e., locus ubi conficitur; used chiefly for a vestibule, gallery, or anti-chamber, where the courtiers wait for admission: and so called a confluentia multitudine.

The consistory is the first court, or tribunal of Rome: it never meets but when the pope pleases to convene it: the pope presides in it in person, mounted on a magnificent throne, and habited in his pontificalia; on the right are the cardinal-bishops and priests, and on the left the cardinal-deacons. The place where it is held, is a large hall in the apostolical palace, where princes and ambassadors of kings are received. The other prelates, prothonotaries, auditors of the rota, and other officers, are seated on the steps of the throne: the courtiers sit on the ground; ambassadors on the right, and consistorial and fiscal advocates behind the cardinals.

Besides the public consistory, there is also a private one, held in a retired chamber, called the chamber of papegay; the pope's throne here being only raised two steps high. Nobody is here admitted but the cardinals, whose opinions are collected, and called sentences. Here are first proposed and passed all bulls for bishoprics, abbeys, &c. Hence bishoprics and abbeys are said to be consistorial benefices; in regard they must be proposed in the consistory, the annates be paid to the pope, and his bulls taken. Anciently they were elective; but by the concordat, which abolishes elections, they are appointed to be collated by the pope alone, on the nomination of the prince.

Consistory was also the name of a court under Constantine, where he sat in person, and heard causes: the members of this court were called comites.

Consistory is also used among the reformed, for a council or assembly of ministers and elders, to regulate their affairs, discipline, &c.