Page:Cyclopaedia, Chambers - Volume 1.djvu/518

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of the Abfciffes and Semiordinates into the given Coeffic: ents, or of the Powers of the Abfcifles into the Powers of the Semiordinates, or of the mere given Quantities ; and all Equations may be equal to nothing, (v.g. ifax—y 3, then ax — y' = a); the Equation for all Algebraical Curves will be 'a y m -\-bx»-\-cy T x s -\-df=o.

Exponential Curve, is that defined by an Exponential Equation ; that is, by an Equation wherein is an Exponen- tial Quantity, v.g, x x, a*. See Exponential.

the Symptoms, 'Properties, Genefes, &c. of particular Curves, v. g. Cycloid, Logarithmic Curves, Conchoid, ike. fee under their proper Heads, Cycloid, Logarithmic, Conchoid, $$c.

CURVET, in the Manage. See Courvet. CURV1LINEAL Figures, in Geometry, are Spaces bounded by crooked Lines ; as the Circle, Ellipfis, Spherical Triangle, %3c. See Curve, and Figure.

CURULE Chair, Sella Curulis, in Antiquity, an Ivory Seat, whereon certain of the Roman Magiftrates had a Right to fit.

The Curule Magiftrates were the Ediles, Prsetors, Cen- fors, and Confuls. See Edile, £$e.

The Senators who had bore thefe Charges, were carried to the Senate on Curule Chairs ; as alfo thofe who triumph'd : the Chair being fitted into a kind of Chariot, Currus 5 whence Curules. See Triumph.

The Curule Chair is ufed on Medals, to exprefs a Curule Magistracy : When travers'd by a Hafta, 'tis the Symbol of Juno, and ferves to exprefs the Confervation of Princeffes. CUSP, Cufpis, properly denotes the" Point of a Spear. It is particularly us'd in Ailronomy, to exprefs the Points or Horns of the Moon, or other Luminary. See Moon, Crescent, Eclipse, £5fc.

In Aifrology, Cufp is ufed for the fhft Point of the twelve Houfes, in a Figure or Scheme of the Heavens.

CUSPIDATED, in Botany, is when the Leaves of a

Flower end in a Cufp, or Point, refembling that of a Spear.

CUSPIDATED Hyperbola, &c. See Hyperbola.

CUSTODE Adrmttendo, and CUSTODE Amovendo,

are Writs for the admitting, or removing of Guardians. See

Guardian.

Custodes Zibertatis Anglite, authoritate Tarliamenti, was the Style or Title in which Writs, and other Judicial Proceedings, did run in the Rump Time 5 that is, from the Death of King Charles I. till Oliver was declared Protec- tor, (gc.

CUSTOM, the Manners, Ceremonies, or Ways of living of a People, which in time have turn'd into Habitude, and by Ufage, obtain'd the Force of Laws. See Law.

In this Senfe, Cuftom implies Things that were at firft voluntary, but are become neceffary by ufe : Thus, the Pre- fents made by Officers at their admiffion into Polls, are only due becaufe they have pafs'd into Cuftom. See Fee.

The Word further fignifies the doing or not doing certain Things, introdue'd by the greateil Part of the People of a Country, or Province : If there be nothing evil in fuch Cuf- tom, it obliges, till it be either abrogated by a contrary Cuf- tom, or a Law.

For a Cuftom thus eflablifh'd to have the Force of a Law, 'tis neceffary, ordinarily, rhat it be founded on fome natural Equity, or fome considerable Good ; and that it have fub- fiftcd ultra tritavum : but, as this is hard to prove, 'tis fuf- ficient if two or more Witneffes depofe they heard their Fathers fay the fame of their Time.

If it be Matter of Record, the Continuance of 100 Tears is Sufficient. See Record.

The Effect of a Cuftom thus circumflantiated, is, that it has the fame Force and Authority as a Law ; making what we call Lex non fcripta ; and that in popular States and limited Monarchies, it ferves to interpret the written Laws : for in abfolute Monarchies, 'tis the King alone has the Power of interpreting Laws.

Hence, the Word Cuftom is flill retain'd, and ferves to exprefs the particular Rights and Municipal Laws eftablifh'd by Ufage in particular Provinces, £•?<;. after they are redu- ced into written Laws.

In this Senfe, mod of the Common Law of England is Lex non fcripta ; being originally no more than the Cuftoms of our Forefathers. See Common Lav).

Lex non fcripta, in this Senfe, is ufed in oppofition to Statutes or ABs of 'Parliament ; which commence Laws at once. See Statute.

Cowel diftinguifhes Cuftom from Prefcription, in that the former is more general, and relates to feveral Perfons ; whereas the latter is ufually confin'd to this or that Man! Five Years time, too, are fufficient for Prefcription ; where- as for Cuftom there are requir'd 100. See Prescription.

Cuftoms are real Things, and are included within their Limits or Territories : They are either Local, i. e. reftrain'd to this or that Place, or General.

The Cuftom of 'Paris, ferves as a Rule for all the other Places of France ; where they have no Provisions contrary thereto. '

The Romans were govern'd bv Cuflomt „. Laws, after the Expulsion of their K^f.^eC.vT."^

Cefar obferves, that the Gauls had their OttZl 5^U th.y conftantly retain'd ■ and that it was impSfe 'fo he Romans to govern 'em by any other Laws • So that ° only the Provinces bordering on Italy that receiv'd the 1)1 man Laws. e - K ""

Customs, in Commerce, the Dues, Duties or T II paid by Merchants to the King, for carrying out' and hr?„7 ing m of Merchandizes. See Exportation, and ImpoT

TATION. ™"

The Cuftoms of Goods exported and imported through out England .amount yearly to 1300000 Pounds; whereof thole of the Fort of London make a third part. See Com

MERCE.

The Cuftoms in England are very numerous, and verv high ; beyond what any other trading Kation knows : The principal are Duties of Tunnage and 'Poundage, which are very antient, being the only ones in ufe before the Time of King Charles II. But that Prince, and his Succeffors, have introdue'd divers others : At prefent, the Cuftoms on Li- quors are, Tunnage, the Additional Duty, the Duty of Ex- cife. Coinage, Duty of the old Impojition, Duty of the ad- ditional Impofition, Duty of Orphans Money, Duty on French Wines, Ne-w Subfiay, i and | of Subfidies.

For other Merchandizes, the Duties are, 'Poundage, the additional Duty on Silks and Linens, Excife of the fame Tear, on foreign Species, mix Impofition of Poundage, ano- ther of -J ; a Duty of 25 per Cent, on French Commodities; the new Subfiay of Poundage, in 1697 ; an additional Sub- fidy of ~ of Poundage, in 1703 ; a third in 1704; a Duty on Fijb Oils, another on Leather, another on 'Paper, Soap, &c. See thefe defcrib'd more at large under the Article Duty.

CusTOM-SMi/i-, an Office eilablifli'd on the Frontiers of a State, or in fome chief City, for the Receit of the Cnf- toms and Duties of Importation and Exportation ; impofed on Merchandizes, by the Authority of the Prince, and regu- lated by Tariffs, or Books of Rates. See Customs, and Duties.

There are feveral Cuftom-houfes in the feveral Ports of England : The mod considerable is that of London.

It is under the Direftion of feven Commiffioners appoint- ed by Patent ; who have the Charge and Management of all the Cuftoms (the Petty-Farms alone excepted) in all the Ports of England. See Commissioner.

Other Officers are, a Secretary, Sollicitor, Receiver-Ge- neral, Comptroller of the Iflu.es and Payments of the Re- ceiver-General 5 Comptroller-General; InfpeBor of the Out- Port Collectors Accompts ; InfpeBor-General of the Exports and Imports ; Regifter-General of all Ships of Great-Bri- tain ; Surveyor-General ; Surveyor of the Out-Ports, and Regifter of the Seizures ; all holding their Places by Pa- tents : with other inferior Officers, appointed by Warrant from the Lord High Treafurer.

CUSTOMARY Tenants, Cuftumarii, vel Tenentes -per confuetudinem ; are fuch Tenants as hold by the Cuftom of the Manor as rheir fpecial Evidence. See Manor

Thefe were antiently Bondmen, or thole that held Tenura Bondagu.—Et omnes ilk qui tenuerint in Sondaiii tenltra, folebam vocari Cuftumarii. MS. de Confuetud. Man. is Sutton Colfield, de amio 3 Edw. II.

CUSTOS Srevium, a Clerk, belonging to the Court of Common Pleas ; whofe Office is to receive, and keep all the Writs, and put 'em upon Files; every Return by it felf; and at the End of every Term to receive of the Prothono- tanes all the Records ot the Nifi frills, call'd the Voftca. See Writ, and Postea.

The Writs are firft brought in by the Clerks of AfTtze of every County to the Prothonotary who enter'd the Iffue in that Matter, to enter Judgment. Four Days after the Re- turn, the Prothonotary enters the Verdifl, and Tud«ment thereupon, into the Rolls of the Court ; and then delivers them over to the Cuftos Srevium.

He alfo makes Entry of the Writs of Covenant, and the Concord upon every Fine ; and makes Copies and Exempli- fications of all Writs and Records in his Office, and of all Fines levied : The 1 Fines, when engroffed, are divided be- tween the Cuftos Srevium and Ckirographer ; the former keeping the Writ of Covenant and the Note, the latter the Concord, and Foot of the Fine. See Chirographer.

In the Court of the King's-Bench, there is likewife a Cuftos Srevium & Rotulorum, who fileth fuch Writs as are there ufed to be filed, and all Warrants of Attorney ; and tranfenbes or makes out Records of Nifi prius &c

Custos <Placitorum Corona-, in SraBon, fee'ms to be the fame with h lm now call'd Cuftos Rotulorum. See Custos Rotulorum.

Custos Rotulorum, is he that hath the Cuftody of the Rolls, or Records of the Seffions of Peace ; and fome fay, of the Coramiflions of Peace it felf; See Peace.

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