CON” 
4 25 
of a contract, without which it would not be 
effectual or binding. Consideration in con- 
tracts, is something given in exchange, some- 
thing that is mutual and reciprocal; as mo- 
ney given for goods sold, or work performed 
for wages : and a consideration of some sort 
or other is so absolutely necessary to the 
forming of a contract, that a nudum pactum, 
■or agreement to do or pay any thing on one 
side without any compensation on tire other, 
is totally void in law ; and a man cannot be 
compelled to perform it. 2 Black. 445. A 
consideration is necessary to create a debt, 
otherwise it is a nudum pactum. Jenk. 290. 
in PI. 27. 
CONSIGNMENT, the sending, or deliver- 
ing over, goods, money, or other property, to 
another person. It may be either consigned 
unconditionally, or for some particular pur- 
pose. Consigned goods are supposed in ge- 
neral to be the property of him by whom 
they are consigned, but to be at the disposal 
of him to whom they are consigned. 
CONSILIUM,' in law, is used to signify 
>4 speedy day appointed to argue a demurrer; 
which the court grants after the demurrer 
joined, on reading the records of the cause. 
CONSl'STENTES, in church history, an 
Appellation given to such penitents as were 
permitted to assist at prayers, but not to par- 
take of the sacrament. 
CONSISTORY, at Rome, is an ecclesi- 
astical assembly held in the presence of the 
pope, for the reception of princes or their 
ambassadors, for the canonization of saints, 
for the promotion of cardinals, and other im- 
portant affairs. 
When a public consistory is to be held, the 
pope’s throne is erected in the great hall of 
the apostolic palace: the pope is seated on 
cloth of gold, under a canopy of the same, 
«md the foot of the throne is covered with 
ved cloth. The cardinal bishops and priests 
sit on the right, below the throne, and the 
deacons on the left, but so as to have their 
faces towards the pope. The archbishops, 
bishops, prethonotaries, and other prelates, 
sit on the steps of the throne : on the lowest 
step the subdeacons, auditors, clerks of the 
chamber, and acqlyths with woollen cowls; 
and the ecclesiastical otlicers of the pope’s 
court on the ground. The nephews of the 
reigning pope, and other Roman princes, are 
ranged on each side of the throne ; and the 
entrance of the passage leading to the throne 
is occupied by the pope’s guard. Besides 
the public consistory, there is also a private 
one, held in a retired chamber, called the 
chamber of papegay, into which none are 
.admitted but cardinals: here the pope ap- 
pears in a white silk cassock, and a. red vel- 
vet cap laced with silver; and here are first 
proposed and passed all bulls for bishoprics, 
abbeys, &c. which are thence called con- 
sistorial benefices. 
In England, the archbishop and bishop 
of every diocese has a consistory court, held 
before his chancellor or commissary in his 
cathedral church, or other convenient place 
in his diocese, for ecclesiastical causes. From 
the bishop’s court the appeal is to the arch- 
bishop ; from the archbishop’s court to the 
delegates. 
CONSOLE, in architecture, an ornament 
cut upon the key of an arch, which lias a 
projecture, and, on occasion, serves to sup- 
Vol. I. 
C O N 
port little cornices, figures, busts, and 
vases. 
CONSOLIDATION, In the civil law, 
signifies the uniting the possession or profit 
of land with the property, and vice versa. 
Thus, if a man has by legacy usufructum 
fundi, and afterwards buys the property or 
fee simple of the heir, this is called a conso- 
lidation. 
Consolidation, in our law, is the unit- 
ing two benefices into one by assent of the 
ordinary, patron, and incumbent. 
CONSONANCE, in music, if we are 
to deduce the definition of the word from its 
etymology, is the effect of two or more 
sounds heard at the same time; but its ge- 
neral signification is confined to concording 
intervals. When the interval of a conso- 
nance is invariable, it is called perfect ; and 
when it may be either major or minor, it is 
termed imperfect. 
CONSONANT, a letter that cannot be 
sounded without some single or double vow- 
el before or after it. Consonants are first 
divided into single and double; the double 
are „r and s, the rest are all single : and these 
are again divided into mutes and liquids ; 
eleven mutes, b, c, d, f, v, g, j, k, p, q, t ; 
and four liquids, l, m, n, r. But the most 
natural division of consonants is that of the 
Hebrew grammarians, who have been imi- 
tated by the grammarians of other oriental 
languages. These divide the consonants 
into five classes, with regard to the five prin- 
cipal organs of the voice ; which all contri- 
bute, it is true, but one more notably than 
the rest, to certain modifications, which make 
five general kinds of consonants. Each class 
comprehends several consonants, which re- 
sult from the different degrees of the same 
modification, or from the different motions 
of the same organs: these organs are the 
throat, palate, tongue, teeth, lips ; whence 
the five classes of consonants are denominat- 
ed guttural, palatal, lingual, dental, and la- 
bial. 
CONSPIRACY, in law, the unlawful con- 
federation of any persons by oath or other 
covenant, that each of them shall aid and 
bear the other falsely and maliciously to in- 
dict or cause to be indicted, or falsely to 
move or maintain pleas. From which it 
seems clearly to follow, that not only those 
who actually cause an innocent man to be 
indicted, and also to be tried upon the in- 
dictment (whereupon he is lawfully acquit- 
ted), are properly conspirators; but that 
those also are guilty of this offence who base- 
ly conspire to indict a man falsely and ma- 
liciously, whether they do any act in prose- 
cution of such confederacy or not. 1 Haw. 
189. For this offence the conspirators (for 
there must be at least two to form a conspi- 
racy) may be indicted at the suit of the king, 
and may be sentenced to fine, imprisonment, 
and pillory. 4 Black. 136. 
CONSTABLE. Lord high constable, an 
antient officer of the crown both of England 
and France, whose authority was so very ex- 
tensive, that the office has been laid aside in 
both kingdoms, except upon particular occa- 
sions, such as the king’s coronation. The 
constable of France had his person privileg- 
ed, and during the king’s minority was named 
next to the princes of the blood.' The army j 
obeyed him next the king. He managed all j 
that belonged to w ar, either for punishment ( 
C O N 1 
of delinquents, distribution of booty, sur- 
render of places, &:c. The jurisdiction anil 
functions of this office were afterwards in the 
mareschals of France. The function of the 
constable of England consisted innhe care of 
the common peace of the land, in deeds ot 
arms, and matter of war. By a law of Richard 
11. the constable of England had the determi- 
nation of things concerning wars and blazonry 
of arms, which could not be discussed by the 
common law. The first constable was created 
by the Conqueror: the office continued here- 1 
ditary till the 13th of Henry VIII; when it 
was laid aside, as being so powerful as to be- 
come troublesome to the king. 
Constable: by the laws of Alfred, the 
freemen were to distribute themselves into 
decennaries and hundreds; and every ten 
freeholders chose an annual officer, whom 
they called constable, borsholder, tithing- 1 
man, or headborough, as the head of flip 
decennary or ten. These in every hundred 
where there was a feudal lord, were sworn in 
and admitted bv the lord or his steward, in his 
leet; but where there was no feudal lord, the 
sheriff, in his turn, had the swearing ol them 
in. So if there .was no feudal lord of the 
hundred, an annual officer was chosen, who 
was to preside over the whole hundred, and 
was called the high constable. •• 
If ho may or may not be chosen constables.. 
The antient officers of any of the colleges in 
the two universities are exempted from this 
office. Doug. 531. Any person ot the age 
of 63 years or upwards, is not compellable to 
serve the office of constable within the city 
of Westminster. No person born out of the 
kingdom of England, or the dominions theccv 
of, (except he be born of English parents, seo 
Aliens), is eligible to serve this office, even 
though he be naturalized. 5 Burn. 2790. 
Counsellors, attorneys, and all other officers 
whose attendance is required in the courts of 
Westminster-hall, aldermen of London, the 
president and fellows of the fellowship of 
physic in London ; surgeons and apothecaries 
in London and within seven miles thereof, 
being free of the company of apothecaries j- 
and teachers or preaciiers in holy orders in 
a congregation legally tolerated, shall be ex 
empted from the office of a constable. The 
prosecutor of a felon to conviction, or th<? 
person to whom he shall assign the certificate 
thereof, shall be discharged from the office ot 
constable. 
But generally speaking, every house* 
keeper, inhabitant of the parish, and of full 
age, is liable to fill the office of constable/ 
He ought however to be of the abler sort of 
parishioners, as being move likely to perform 
his duty with probity and discretion. 8 Co. 42. 
Mode of choosing constables. It seems re- 
gularly, that the petty constable ought to he 
chosen in the leet, and the high constable i» 
the torn, which is the general leet of the 
whole hundred ; and if there be no leet, then, 
that the petty constable ought to be -choseft 
also in the torn. 1 Burn. 400. 
1'he high constables of hundreds are gene- 
rally chosen either at the sessions, or by the 
greater number of the justices of the division ; 
and they maybe sworn at sessions, or fry war- 
rant from the sessions, which course has often' 
been allowed and commended by the jus- 
tices of assize. Dalt. c. 28. The office of’ 
petty constable being very necessary for the 
preservation of the peace, Lite justices of ike 
