Constable

[Fr. connestable; L. Lat. constahularius, constabulus, conestabulus, q. v.] A public civil ofl&cer, whose proper and general duty is to keep the peace within his district, though he is frequently charged with additional duties.

1 BL Com. 856.

See infra. Constables are of two kinds, high and petty. High constables, [capitales constabularii^) in England, are ofl Bcers appointed in every hundred or franchise, whose proper duty seems to be, to keep the king's peace within their respective hundreds.

1 Bl, Com. 366. 3 Steph. Com. 47. Wilcoch Off. Constable, 1, 23.

They are also, by various statutes, charged with other duties, such as that of serving precepts and warrants on certain occasions, and the returning of lists of jurors.

3 Steph, Com, 47.

Petty constables (subconstahularii) are inferior officers in every town and parish, subordinate to the high constable of the hundred, whose principal duty is the preservation of the peace, though they also have other particular duties assigned to them by act of parliament, particularly the service of the summonses and the execution of the warrants of justices of the peace.

1 Bl. Com. 366. 3 Steph, Com. 47, 48.

The high constable has the same duties to discharge in all parts of his hundred, as well within as out of the precincts of petty constables, as each petty constable has within his precinct.

WUcock Off, Constable, 23.

In the United States, constables are town and city officers, with powers similar to those of the constables of Great Britain. Besides their general common law office of conservators of the peace, they have other duties specially assigned them by statute, such as the execution of the process of justices' courts, and, in some cases, of process issued by other judicial officers; attending the sittings of courts, keeping juries, &c. High constables are also appointed in cities as chiefs of the constabulary force, and in some cases, also, with a certain rank and duty as executive officers of the corporation.* See U. S, Digest, Supplement d: Ann, Digest, Constable. Few terms of the English law have undergone a greater change in signification, since their first introduction, than this of constable, which is generally supposed to be derived, (through the Fr. connestable, Lat. constahulariusy) from comes stabuli, the title of an officer of the Roman empire, corresponding with that of the modem master of the horse, 1 Bl Com, 365. See Constabularius. It was introduced into England by the Normans, who applied it first to that high officer of state created after the conquest, under the title of Constable of England, (q. v.) It was afterwards applied to various subordinate officers, uniting civil with military duties, such as the keepers of castles, <kc.; and finally, to those officers of the peace in hundreds and tithings, which are considered the origin of the modern high and petty constables. The statute of Winchester, 13 Edw. I. (now repealed by 7 & 8 Geo. IV. c. 27,) after requiring every man to " have in his house harness for to keep the peace, ' and specifying the kind of armour, proceeds to ordain that " in every hundred and franchise two constables shall be elected, to make the view of armour." c.

6.

This statute is considered by Blackstone and Spelman, as having first created the office of constables of hundreds, or high constables, as they are now generally termed.

1 BL Cotn, 366, 366.

Spelman, voc.

Constabularitts, See 4 Inst, 267.

Petty constables are considered by the same authors as having been first instituted about the rtiign of Edward