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.