CONSTABLE. An officer whose duty it is to keep the peace in the district which is assigned to him.
The most satisfactory derivation of the term and history of the origin of this office is that which de duces it from the French conieetable (Lat. contee-ata beli),.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 every thing relating to military matters, as the marching troops, their encampment, pro visioning, etc. Guyot, .Re'p. Univ.
The some extensive duties pertained to the con stable of Scotland. Bell, Dict.
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 Blackstone, Comm. 356. It seems, however, to be pretty certain that the office in England is of Nor man origin, being introduced by William, and that subsequently the duties of the Saxon tithing-men, borsholders, etc. were added to its other functions. Sec Cowel; Willcock, Const.; 1 Blackstone, Comm. 356.
High constables were first ordained, accord ing to Blackstone, by the statute of West minster, though they were known as efficient public officers long before that time. 1 Shars wood, Blackst. Comm. 356. They are to be ap pointed 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 ad dition, they are to serve warrants, return lists of jurors, and perform various other services enumerated in Coke, 4th Inst. 267; 3 Stephen,
Comm. 47; Jacob, Law Dict. In some cities and towns in the United States there are offi cers called high constables, who are the prin cipal police officers in their jurisdiction.
Petty constables are inferior officers in every town or parish, subordinate to the high con stable. They perform the duties of head borough, tithing-man, or borsholder, and, in addition, their more modern duties appertain ing to the keeping the peace within their town, village, or tithing.
In England, however, their duties have been much restricted by the act 5 & 6 Viet. c.109, which deprives them of their power as conservators of the peace. 3 Stephen, Comm. 47.
In the United States, generally, petty con stables only are retained, their duties being generally the same as those of constables in England prior to the 5 & 6 Viet. c. 109, in cluding a limited judicial power as conserva tors 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 propor tioned to their powers, and are quite extensive. See 1 Sharswood, Blackst. Comm. 356, n. They are authorized to arrest without war rant on a reasonable suspicion of felony, for offences against the peace committed in their presence, and in various other cases. 1 Chitty, Crim. Law, 20-24 ; 4 Sharswood, Blackst.
Comm. 292; ARREST.