CONSTABLE. Lord high constable, an ancient officer of the crowns both of Eng land and France, whose authority was so very extensive, that the office has been laid aside in both kingdoms, except upon particular occasions, such as the king's coronation.
The function of the constable of Eng land consisted in the care of the common peace of the land, in deeds of arms and matters of war. By a law of Richard II. the constable of England has the determina tion of things concerning wars and bla zonry of arms, which cannot be discussed by the common law. The first constable was created by the Conqueror : the office continued hereditary till the 13th of Hen ry VIII. when it was laid aside, as being so powerful as to become troublesome to the king. We have also constables deno minated from particular places, as consta ble of the Tower, of Dover Castle, of Windsor Castle, of the castle of Caernar von, .and many other of the castles of Wales, whose office is the same with that of the castellani, or governors of castles.
From the Lord high constable are de rived those inferior ones, since called the constables of hundreds or franchises, who were first ordained in the thirteenth of Edward I. by the statute of Winchester, which, for the conservation of peace and view of armour, appointed that two con stables should be chosen in every hun dred. These are what we now call high constables, on account that the increase of people and offences has made it ne cessary to appoint others under these, in every town, called petty constables, who are of the like nature, though of in. ferior authority to the other. The high constable over the whole hundred is usu ally chosen and sworn into his office by the...justices of the peace in their sessions : and as to petty constables in towns, vil lages, &c. the right of choosing them be
longs to the courtieet, though they may be elected by the parishioners. They are appointed yearly, and ought to be men of honesty, knowledge, and ability ; and if theyfrefuse to serve, or do not perform their duty, they may be bound over to the sessions, and there indicted and fined. Any constable, without a warrant from a justice, may take into his custody, any persons that he sees committing felony, or breaking the peace ;• but if it be out of his sight, as where a person is seized by another, he cannot do it without a warrant.
There are many persons exempted by law from serving the office of constable ; these are, the ancient officers of any of the colleges in the two universities, counsellors, attornies, and all other offi cers, whose attendance is required in the courts of Westminster. hall, aldermen of London, the president and fellows of the fellowship of physic in London, surgeons and apothecaries in London, and within seven miles thereof, being free of the company of apothecaries, and licensed teachers or preachers in holy orders, in a congregation legally tolerated, shall be exempted from the office of a constable. The prosecutor of a felon to conviction, or the person to whom he shall assign the certificate thereof, shall be discharged from the office of constable.
But, generally speaking, every house keeper, inhabitant of the parish, and of full age, is liable to fill the office of con stable: he ouiht, however, to be of the abler sort of parishioners, as being more likely to perform his duty with probity and discretion.