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 Edward III., there were several persons who by common law were interested in keeping the same: some having that charge as incident to other offices; and others simply, or of itself, called custodes, or conservatores of the peace. The chamberlain of Chester is still a conservator. Consistory (Consistorium), 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 register 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 consistorium; i.e., locus ubi consistitur; used chiefly for a vestibule, gallery, or anti-chamber, where the courtiers wait for admission: and so called à consistente multitudine.

The consistory is the first court, or tribunal of Rome: it never meets but when the pope pleases to convolve 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 bishopricks, abbeys, &c. Hence bishopricks 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.

Consistory, Court Christian, in the English laws, is a council of ecclesiastical persons, or the place of justice in an ecclesiastical or spiritual court. Every archbishop and bishop has a consistory court, held before his chancellor or commissary, either in his cathedral, in some chapel, aisle, or portico, belonging thereto; or in some other convenient place of his diocese, for ecclesiastical causes. The spiritual court was anciently, in the time of the Saxons, joined with the county or hundred court; and the original of the consistory court, as divided from those courts, is found in a law of the Conqueror. Consistory Conqueror, quoted by Lord Coke. From this court there lies an appeal to the archbishop of each province respectively.