CONSTABLE. An officer whose duty it is to keep the peace in the district which is as signed 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 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 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 con stable 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 cer tain 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; Willc. Const.; 1 Bla. Corn. 356; 1 Poll. & M. 542.
High constables were first ordained, ac cording to Blackstone, by the statute of Westminster, though they were known as efficient public officers long before that time. 1 Sharsw. Bla. Corn. 356. They were 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 addition, they are to serve warrants, re turn lists of jurors, and perform various oth er 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 hun dred, 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, hut their duties became almost nominal, and were abolished practically in 1869. Parish con stables continued to be appointed till 1872.
Up to 1829 they were the only body of men, except the watchmen in cities and boroughs, charged with the duty of apprehending crim inals and preventing crimd. 1 Steph. Cr. L.
In some cities and towns in the United. States there are officers called high con stables, 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 apper taining to the keeping the peace within their town, village, or tithing.
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 pro portioned to their powers, and are quite ex tensive. See 1 Sharsw. Bla. Corn. 356, n. ; ARREST.