Constable

An ofilcer whose duty it is to keep the peace in the district which is assigned to bin). The most satisfactory derivation of the term and history of the origin of this office is that which deduces it from the French comestable (Lat. comes-stabuli), who was an officer second only to the king. He might take charge of the army, wherever it was, if the Mng 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 St. Westminster (13 Edw. I.), and question has been frequently made whether the office existed in England before that time. 1 Bl. Comm. 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; Willcock, Const.; 1 Bl. Comm. 356. 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 Sharswood, Bl. Comm. 356. They are to be appointed for each franchise or hundred by the leet, or, in default of such appointpeace. In addition, they are to serve warrants, return lists. of jurors, and perform various other services enumerated in Coke, 4th Inst. 267; 3 Steph. Comm. 47; Jacob, Law Diet. In some cities and towns in the United 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 high constable. They perform the duties of head borough, tithing man, or borsholder and in addition, their more modern duties appertaining to the keeping the peace within their town, village, or tithing. In England, however, their duties have been much restricted by Act 5 & 6, Vict. c. 109, which deprives them of their power as conservators of the peace. 3 Steph. Comm. 47. In the United States, generally, petty constables only are retained, their duties being generally the same as those of constables in England prior to 5 & 6 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.

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.

In medieval law. The name given to a very high functionary under the French and English kings, the dignity and importance of whose office was only second to that of the monarch. He was in general the leader of the royal armies, and had cognizance of all matters pertaining to war and arms, exercising both civll and mllitary jurisdiction. He was also charged with the conservation of the peace of the nation. Thus there was a "Constable of France" and a "Lord High Constable of England."

In English law. A public civil officer, whose proper and general duty is to keep the peace within his district, though he is frequently charged with additional duties. 1 BL Comm. 356. High constables, in England, are officers appointed in every hundred or franchise, whose proper duty seems to be to keep the king's peace within their respective hundreds. 1 Bl. Comm. 356 ; 3 Steph. Comm. 47. Petty constables 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. Comm. 356; 3 Steph. Comm. 47, 48. Special constables are persons appointed (with or without their consent) by the magistrates to execute warrants on particular occasions, as in the case of note, etc.

In American law. An officer of a municipal corporation (usually elected) whose duties are similar to those of the sheriff, though his powers are less and his Jurisdiction smaller. He is to preserve the public peace, execute the process of magistrates' courts, and of some other tribunals, serve writs, attend the sessions of the criminal courts, have the custody of juries, and discharge other functions sometimes assigned, to him by the local law or by statute. Comm, v. Deacon, 8 Serg. & R. (Pat) 47; Leavitt v. Leavitt, 135 Mass. 191; Allor v. Wayne County, 43 Mich. 76, 4 N. W. 492.

— Constable of a castle. In English law. An officer having charge of a castle; a warden, or keeper; otherwise calied a "castellain."

— Constable of England. (Called, also, "Marshal.") His office consisted in the care of the common peace of the realm in deeds of arms and matters of war. Lamb. Const. 4.

— Constable of Scotland. An officer who was formerly entitled to command ali the king's armies in the absence of the king, and to take cognisance of ali crimes committed within four miles of the king's person or of parliament, the privy council, or any general convention of the states of the kingdomThe office was hereditary in the family of Errol, and was abolished by the 20 Geo. III. c. 43. Bell; Ersk. Inst. 1, 3, 37.

— Constable of the exchequer. An officer mentioned in Fieta, lib. 2, c. 31.

— High constable of England, lord. His office has been disused (except only upon great and solemn occasions, as the coronation, or the like) since the attainder of Stafford, Duke of Buckingham, in the reign of Henry VII.

A public civil of Bcer whose general duty is to keep the peace within a certain district, but who is by statute charged with certain duties in the service of process, — in this country process issued from justices' courts, keeping juries, etc. Constables are of two kinds, — high constables and petit constables. High constables are in England peace ofl Scers of hundreds and franchises, and in this country the chiefs of the constabulary force of the cities. Petit constables are peace officers of towns and parishes.

In English law. Constable of a castle: an officer having charge of a castle; a warden, or keeper; otherwise called a castellain. v. Castellain. Constable of England, or Lord High Constable: a high officer of state, established in England on the Norman Conquest, who was at the same time commander-in-chief of the forces of the kingdom, and keeper of the peace of the nation. Constable of Scotland: an officer entitled to command the army in the absence of the king, and to take cognizance of all crimes committed within four miles of the king's person.

In medievallaw. The nameé given to a very high functionary under the French and English kings, the dignity and importance of whose office was only second to that of the monarch. He was in genernl the leader of the royal armies, and had cognizance of all matters pertaining to war jecisdiction. He was also charged with the vonservation of the peace of the nation. Tlius there was a “Constable of France” and a “Lord High Constable of England.” In English law. A public civil officer, 4ose proper and general duty is to keep the peace within his district, though he is frequently charged with additional duties. 1BI. Comm. 356. High constables, in England, are officers ap pated in every hundred or franchise, whose proper duty seems to be to keep the king’s peace within their respective hundreds. 1 Bl. Comm. 856, 3 Steph. Comm. 47. Petty eoustables 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. i BL Comm. 3856; 3 Steph. Comm, 47, 48. Special constables are persons appointed (with or without their consent) by the magistrates to execute warrants on particular occasions, as in the case of riots, ete. ‘ In American law. An officer of a municipal corporation (usually elected) whose duties are similar to those of the sheriff, though bis powers are less and his jurisdicdiction smaller, He is to preserve the public peace, exeente the process of mayistrates’ eourts, and of some other tribunals, serve writs, attend the sessions of the criminal courts, have the custody of juries, and dissharge other functions sometimes assigned to him by the loeal law or by statute,

[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

is an officer, enerally elected by the people. Fle possesses power, virtute officil, as a conservator of the peace at common law and by virtue of various legislative enactments; he may therefore apprehend a supposed offender without a warrant, for treason, felony, breach of the peace and some misdemeanors less than felony, when committed in his view. 1 Hale, 587; 1 East, P. C. 303; 8 Serg. & Rawle, 47. He may also arrest a supposed offender upon the information of others, without any positive charge or his own knowledge of the circumstances on which the suspicion is founded; but he does so at his peril, unless he can show that a felony has been committed by some person, as well as the reasonableness of the suspicion that the party arrested is guilty. 1 Chit. Cr. L. 27; 6 Binn. R. 316; 2 Hale, 91,92; 1 East, P.C. 301. He has power to call others to his assistance. A constable is also a ministerial officer, bound to obey the warrants and precepts of justices, coroners warrants and process of justices of the peace in civil cases. In England they have many officers, with more or less power, who bear the name of constables; as, lord high constable of England, high constables, head constables, petty constables, constables of castles, constables of the tower, constables of the fees, constable of the exchequer, constable of the staple, &c. In some of the cities of the United Stgtes there are offcers who are called high constables, who are the principal police officers where they reside. Vide the various Digests of American law, h. t.; 1 Chit. Cr. L. 20; 5 Vin. Ab. 427; 2 Phil. Ev. 253; 2 Sell. Pr. 70; 1 Bac. Ab. 683; Com. Dig. Justices of the Peace, (B 79); Tb. (D 7); Ib. Officer, (E 2.)