rschungen_, vol. ii. pp. 406 ff.
(the section dealing with the Four Hundred is especially valuable).
Articles: R. W. Macan, _Journal of Hellenic Studies_ (April 1891); R.
Nissen, _Rheinisches Museum_ (1892), p. 161; G. Busolt, _Hermes_
(1898), pp. 71 ff.; O. Seeck, "Quellenstudien zu des Aristoteles'
Verfassungsgeschichte Athens," in Lehmann's _Beitraege zur alten
Geschichte_, vol. iv. pp. 164 and 270. (E. M. W.)

CONSUETUDINARY (Med. Lat. _consuetudinarius_, from _consuetudo_,
custom), customary, a term used especially of law based on custom as
opposed to statutory or written law. As a noun "consuetudinary" (Lat.
_consuetudinarius_, sc. _liber_) is the name given to a ritual book
containing the forms and ceremonies used in the services of a particular
monastery, cathedral or religious order.

CONSUL (in Gr. generally [Greek: hypatos], a shortened form of [Greek:
strategos hypatos], i.e. _praetor maximus_), the title borne by the two
highest of the ordinary magistrates of the whole Roman community during
the republic. In the imperial period these magistrates had ceased
practically to be the heads of the state, but their technical position
remained unaltered. (For the modern commercial office of consul see the
separate article below.)

The consulship arose with the fall of the ancient monarchy (see further
ROME: _History_, II. "The Republic"). The Roman reverence for the
abstract conception of the magistracy, as expressed in the imperium and
the auspicia, led to the preservation of the regal power weakened only
by external limitations. The two new officials who replaced the king
bore the titles of leaders (_praetores_) and of judges (_judices_; cf.
Cicero, _De legibus_, iii. 3. 8, "regio imperio duo sunto iique a
praeeundo judicando ... praetores judices ... appellamino"). But the new
fact of colleagueship caused a third title to prevail, that of
_consules_ or "partners," a word probably derived from _consalio_ on the
analogy of _praesul_ and _exul_ (Mommsen, _Staatsrecht_, ii. p. 77, n.
3). This first example of the collegiate principle assumed the form that
soon became familiar in the Roman commonwealth. Each of the pair of
magistrates could act up to the full powers of the imperium; but the
dissent of his colleague rendered his decision or his action null and
void. At the same time the principle of a merely annual tenure of office
was insisted on. The two magistrates at the close of