Constable

An officer wnose duty it is to keep the peace Ll the district which is assigned to him. See Sheriff. The most satisfactory derivation of the term and history of the origin of this office is that which deduces it from the French contestable (Lat. comesgtabuli), who was an officer second only to the king. He might take charge of the army, wherever it was, if the king were not present, and had the general control of everything relating to military matters, as the marching troops, their encampment, provisioning, etc. Guyot, Rep. Univ. The same extensive duties pertained to the constable of Scotland. Bell, Diet. The duties of this officer in England seem to have been first fully defined by the stat, Westm. (13 Edw. I.); and question has been frequently made whether the office existed in England before that time.

1 Bla. Com. 356.

It seems, however, to be pretty certain that the office in England is of Norman origin, being introduced by William, and that subsequently the duties of the Saxon tithing-men, borsholders, etc., were added to its other functions.

See Cowell; Wlllc. Const.; 1 Bla. Com. 356; 1 Poll. & M. 542.

High constables were first ordained, according to Blackstone, by the statute of Westminster, though they were known as efficient public officers long before that time.

1 Sharsw. Bla. Com. 356.

They were appointed for each franchise or hundred by the leet, or, in default of such appointment, by the justices at quarter-sessions. Their first duty is that of keeping the king's peace. In addition, they are to serve warrants, return lists of jurors, and perform various other services enumerated in Coke, 4th Inst. 267; 3 Steph. Com. 47. The parish constables, under various names, were probably the successors of the old reeves in the townships. In each hundred, and in many franchises, there were also high constables, or similar officers with other names, who corresponded with the parish constables in the townships. They continued to be appointed till of late years, but their duties became almost nominal, and were abolished practically in I860, rarish con- Up to 1829 they were the only body of men, except the watchmen in cities and boroughs, charged with the duty of apprehending criminals and preventing crime. 1 Steph. Cr. L. In some cities and towns in t. States there are officers called high constables, who are the principal police officers in their jurisdiction. Petty constables are inferior officers in every town or parish, subordinate to the hiirh constable. They perform the duties of headborough, tithlng-man, or borsholder, and, in addition, their more modern duties appertaining to the keeping the peace within their town, village, or tithing. In the United States, generally, petty constables only are retained, their duties being generally the same as those of constables in England prior to the 5 & 0 Vict. c. 109, including a limited judicial power as conservators of the peace, a ministerial power for the service of writs, etc., and some other duties not strictly referable to either of these heads. Their immunities and indemnities are proportioned to their powers, and are quite extensive.

See 1 Sharsw. Bla. Com. 356, n.; Arrest.