An etymological dictionary of the Scottish language - Electric Scotland

CON [486] CON
have sik like powar with him to ministre justice."
Acts Ja. IV. 1503, Ed. 1814, p. 244.
This court is held at Campvere in Holland. The
Court of Session claims a cumulative jurisdiction as to
causes cognisable by the Conservator. V. Ersk. Inst.
B. i. Tit. 4, sec. 34.
CONSTABLE, *. A large glass, the contents
of which he is obliged to drink, who,
in those companies who forget the salutary
regulation of Ahasuerus, is said not to drink
fair; that not to drink as much as the
is,
rest of the company, S. This pernicious
custom is now almost universally laid aside.
A similar practice has prevailed in Iceland. G.
Andr. mentions the phrase Vijta ijkar, as signifying a
cup to be drunk at entertainments, as an atonement
for a fault ; in conviviis poculum pro piaculo vitii
hauriendum ; Lex. p. 256. This is certainly an error,
for vijta bijkar; from vijte, blame, S. loyte, and bijkar,
a cup, a drinking-vessel, S. a bicker; literally the
wyte-bicker.
As the designation of constable is given to a glass of
this description, in some places one is said, in a
similar sense, to drink the sheriff. The correspondence
of ideas indicates that these terms have been originally
applied, in this sense, in allusion to the office of a constable,
which is to arrest, or of a sheriff, which is to
punish, delinquents. The propriety of the allusion may
indeed be questioned. For, from the recourse had, in
convivial meetings, to such fictitious ministers of justice,
it may scon become necessary to call in the real
ones.
This custom, however, has at least the plea of antiquity.
For it may fairly be traced back to the times
of heathenism. From what we find in Snorro Sturleson's
Edda, it is evident that a punishment of this
kind was in use among the Goths.
"The king went into his to
palace
look for a
large horn, out of which his courtiers were obliged to
drink, when they had committed any trespass against
the customs of the court. " Twenty-fifth Fable, Mallet's
North. Antiq. ii. 126. The learned Translator re-
marks ;
' ' Our modern Bacchanals will here observe,
that punishing by a bumper is not an invention of
these degenerate days. The ancient Danes were great
topers."
CONSTANCY, CONSTANT,
s. Wt a constancy,
incessantly, uninterruptedly, Aberd.
For a constant, id. And. Wt a continuance,
id. Aberd.
CONSTANT, adj. Evident, manifest.
" Ordained the general commissarie to compt
with me for the haill arreares dew to my said vmquhill
father, that it might be constant what arreares
were dew wnpayit." Acts Cha. II. Ed. 1814, V. 366.
O. Fr. const-er ; etre certain et evident, etre assure
d'un fait ; de constare. Roquefort.
CONSTERIE, CONSTREE, CONSTRY, s.
Consistory.
But yet nor kirk nor consterie
Quo' they, can ask the taudy fee.
Forbes's Dominie Depos'd, p. 43.
All the officialls that partis men with thair wyvis,
Cum follow me, or ellis ga mend your lyvis ;
With als fals ledaris of the constry law.
Lindsay, S. P. Repr., ii. 195.
Corr. from consistory, & term used in times of Popery,
to denote a meeting of Bishops and Presbyters, called
upon any emergency afterwards transferred ; to a
Presbytery, or to a parochial session. V. Book Com.
Order, c. 5. Fr. consistoire, an assembly of ecclesiastical
persons ; L. B. connistorium.
"They satte ordinarlie at St. Androus, in the Old
Colledge Church, (the place where the constree did sit
formerlie)." Lament's Diary, p. 55.
To CONSTITUTE, v.n. To constitute; con-
stituande, constituting Fr. ; constitu-er, part,
pr., constituant.
"
Thair being ane gift and dispositiouu of the said
chaplanries to the provest, baillies, counsaill and comitie
of Glasgw, makand ande comtituande, thame
"
patronis
of the samyn, &c. Acts Ja. VI., 1594, Ed. 1814, p. 73.
To CONSTITUTE, v. a. A term generally
used in
S., to denote the opening of an
ecclesiastical court with prayer by him who
presides in it. It is said to be constitute with
the Moderator.
prayer by
CONSTRE,s. Aberd. Reg. V. CONSTERIE.
* To CONSTRUE, v. a. To apply the rules
of syntax to, S. V. Rudd. Vind. Buch., p.
35.
CONTAKE,
s. Contest.
Bot on quhat wyse sail ceissing all this rage ?
Or uow quliat nedis sa grete stryf and contake t
Doug. Viryil, 103. 10.
Chaucer uses conteke in the same sense :
The open werre, with woundes all bebledde ;
Conteke with blody knif, and sharp manace.
Kniyht's T., 2002.
This word would appear to have been formed in the
same manner with attack, Fr. attaquer; only with a
different preposition.
CONTEMNANDLIE, adv. Contemptuously,
in contempt.
"It is statute that na persoun nor persounis contemnandlie
and wilfullie, without dispensatioun or re-
qtiyring of license of thair Ordinar, thair Persoun,
Vicar, or Curat, eit flesche planelie or priuilie in the
saidis dayis and tymes forbiddin, vnder the pane of
confiscatioun of all thair gudis mouabill, to be applyit
to our Souerane Ladyis vse ; and gif the eittaris hes na
gudis, thair persounis to be put in presoun, thair to
remaue yeir and day, and forther induring the Quenis
grace will," &c. Acts Mary, 1555, Ed. 1814, p. 493.
CONTEMPNALY, adv. Contemptuously.
"He had contempnaly disobeyit & deforsit the balye,"
&o. Aberd. Reg. A. 1535, V. 16.
CONTEMPTION, CONTEMPCION, . 1.
Contempt.
He "maid thairfore his aith to reuenge this proud
contemption done be Caratak." Bellend. Crou. F. 33,
a. Lat. contemptio, id.
2. Disobedience to legal authority.
" That thai be chargeit to ward in the Blaknes
within X dais eftir thai be chargeit, thar to remane
quhill thai be puinist for thair contempcioun, & frede be
the Kingis hienes." Act. Dom. Cone. A. 1488, p. 116.