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Updated: May 11, 2025
The Custos and Schut affair was talked of everywhere, but the people had not yet come to the point of taking the part of one or the other. The Advocate Schut, having never had occasion to plead in a town where attorneys and bailiffs only existed in tradition, had, consequently, never lost a suit.
People judge not from all the facts, but from what they see and hear." During the Custos' narrative, Lord Mallow was perturbed. He had the common sense to know that Dyck Calhoun, ex-convict and mutineer as he was, had personal power in the island, which he as governor had not been able to get, and Dyck had not abused that power.
Partly on the ground I have assigned perhaps, partly because from my having no visible calling or business, it is rightly judged that I must be living on my private fortune; I am so classed by my neighbours; and by the courtesy of modern England I am usually addressed on letters, &c., "Esquire," though having, I fear, in the rigorous construction of heralds, but slender pretensions to that distinguished honour; yet in popular estimation I am X. Y. Z., Esquire, but not justice of the Peace nor Custos Rotulorum.
I up and to my office, where busy, and so home to dinner with my wife, who is better of her tooth than she was, and in the afternoon by agreement called on by Mr. Bland, and with him to the Ship a neighbour tavern and there met his antagonist Mr. Custos and his referee Mr. Clarke a merchant also, and begun the dispute about the freight of a ship hired by Mr.
Marc le Roux, the porter or custos of that ruinous council-hall, alarmed at the explosion of the pistol, had hurried into the room, and now stood unheeded by the door with mouth agape, while Lebeau thus curtly dissolved the assembly. But when the president vanished through the secret doorway, Le Roux also retreated.
As lord-lieutenant and custos rotulorum of Frederick County, he presided at county courts held at Winchester, where, during the sessions, he kept open table. He acted also as surveyor and overseer of the public roads and highways, and was unremitted in his exertions and plans for the improvement of the country. Hunting, however, was his passion.
"Why, your honour, as we sent them by wagons and good horses they should be in Dyck Calhoun's hands this evening. They should be there by now almost, for they've been going for hours, and the distance is not great." The governor nodded, and began to write. A halfhour later he handed to the Custos what he had written. "See what you think of that, Custos," he said.
"Does it, in your mind, cover the ground as it should?" The Custos read it all over slowly and carefully, weighing every word. Presently he handed back the paper. "Your honour, it is complete and masterly," he said. "It puts the crushing of the revolt into the hands of Mr. Calhoun, and nothing could be wiser.
"Well, then, as we have still some hours of night, let us now obtain some rest. In the morning, when the sun hath introduced us to each other, I may then judge from your countenances whether it is likely that we may be better acquainted. Night is the time for repose, as Quintus Curtius says, `Custos, bos, fur atque sacerdos. Sleep was made for all my friends, good night."
And no less wicked is it for a magistrate to protect, by a promiscuous toleration, all heretics, heresies and errors; yea, it is a manifest breach of trust, and plain perverting the end of his office, seeing he is appointed to be custos et vindex utriusque tabulae, intrusted with the concerns of God's glory, as well as the interests of men.
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