CONSTABLE, according to some, is a Saxon word, compounded of coning, "king," and staple, which signifies the "stay or support of the king." But as we borrowed the name as well as the office of constable from the French, Sir William Blackstone is rather inclined to deduce it, with Sir Henry Spelman and Dr Cowel, from that language; wherein it is plainly derived from the Latin comes stabuli, an officer well known in the empire; so called, because, like the great constable of France, as well as the lord high constable of England, he was to regulate all matters of chivalry, tilts, tournaments, and feasts of arms, which were performed on horseback. This great office of Lord High Constable hath been difused in
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England, except only on great and solemn occasions, as the king's coronation, and the like, ever since the attainer of Stafford duke of Buckingham under king Henry VIII.; as in France it was suppressed about a century after by an edict of Lewis XIII: but from his office, says Lambard, this lower constabulary was at first drawn and fetched, and is, as it were, a very finger of that hand. For the statute of Winchester, which first appoints them, directs, that for the better keeping of the peace, two constables, in every hundred and franchise, shall inspect all matters relating to arms and armour.
Constables are of two sorts; high constables, and petty constables. The former were first ordained by the statute of Winchester as before mentioned; and are appointed at the court-leets of the franchise or hundred over which they preside; or, in default of that, by the justices at their quarter-feffions; and are removable by the same authority that appoints them. The petty constables are inferior officers in every town and parish, subordinate to the high constable of the hundred, first instituted about the reign of Edward III. These petty constables have two offices united in them, the one ancient, and the other modern. Their ancient office is that of head-borough, tithing-man, or borsholder; who are as ancient as the time of king Alfred: their more modern office is that of constable merely; which was appointed so lately as the reign of Edward III. in order to assist the high constable. And in general the ancient head-boroughs, tithing-men, and borsholders, were made use of to serve as petty constables; though not so generally, but that in many places they still continue distinct officers from the constables. They are all chosen by the jury at the court-leet; or if no court-leet be held, are appointed by two justices of the peace.
The general duty of all constables, both high and petty, as well as of the other officers, is to keep the king's peace in their several districts; and to that purpose they are armed with very large powers of arresting, and imprisoning, of breaking open houses, and the like: of the extent of which powers, considering what manner of men are for the most part put upon these offices, it is perhaps very well that they are generally kept in ignorance. One of their principal duties arising from the statute of Winchester, which appoints them, is to keep watch and ward in their respective jurisdictions. Ward, guard, or custodia, is chiefly intended of the day-time, in order to apprehend rioters, and robbers on the highways; the manner of doing which is left to the discretion of the justices of the peace, and the constable: the hundred being, however, liable for all the robberies committed therein by day-light, for having kept negligent guard. Watch is properly applicable to the night only, (being called among the Saxons wach't or waltu); and it begins when ward ends, and ends when that begins: for, by the statute of Winchester, in walled towns the gates shall be closed from sun-setting to sun-rising; and watch shall be kept in every borough and town, especially in the summer season, to apprehend all rogues, vagabonds and night-walkers, and make them give an account of themselves. The constable may appoint watchmen at his discretion, regulated by the
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Constables custom of the place; and these, being his deputies, have, for the time being, the authority of their principal.
There are also constables denominated from particular places, as constable of the Tower, of Dover castle, of Windsor castle, of the castle of Caernarvon, and many other of the castles of Wales; whose office is the same with that of the castellani, or governors of castles.
CONSTABLE of Scotland. See LAW, Part III. clviii. 15.
CONSTABLES to Justices of the Peace, in Scots law, are the proper officers for executing their orders. They have powers to suppress tumults, and to apprehend delinquents and those who can give no good account of themselves, and carry them to the next justice.