Inferior CONSTABLES. From the great office of high constable is derived that inferior order, since called the constables of hundreds and franchises; these were first ordained in the 13th year of Edward I. by the statute of Winchester; which, for the conservation of the peace, and view of armour, appointed that two constables should be chosen in every hundred and franchise. These are what we now call constabularii capitales, or high constables; because continuance of time, and increase of people, &c. have occasioned others of like nature, but inferior authority, in every town, called petty constables, or sub-constabularii, first instituted about the reign of Edward III.
The former, or modern high constables, 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-sessions; and are removable by
Constables by the same authority that appoints them. The 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; which is 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 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 wact'u); 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 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.
Constables of London. The city of London is divided into 26 wards, and the wards into precincts, in each of which is a constable. They are nominated by the inhabitants of each precinct on St Thomas's day, and confirmed, or otherwise, at the court of wardmote. After confirmation, they are sworn into their offices at a court of aldermen, on the next Monday after Twelfth day. Such as are chosen into the office, are obliged to place the king's arms, and the arms of the city, over their doors; and if they reside in alleys, at the ends of such alleys toward the streets, to signify that a constable lives there, and that they may be the more easily found when wanted.
Constables to Justices of the Peace, in Scotland, 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.