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 instituted in the thirteenth year of Edward I. by the statute of Winchester, which, for the conservation of the peace, and view of armour, appointed two constables to be chosen in every hundred and franchise. These are what are now called constabularii capitales, or high constables; because, with the increase of population, it was found necessary to appoint in every town others of like nature but inferior authority, called sub-constabularii, or petty constables. These were first instituted about the reign of Edward III.
In Scotland, constables are the officers of the justices of the peace, intrusted with the execution of their warrants, decrees, and orders. They are appointed by the justices at their quarter-sessions, and in royal burghs by the magistrates. It is the duty of constables, without any special warrant, to apprehend offenders against the peace, vagrants, and such as can give no account of themselves, and to take them to the next justice. It is also their duty to suppress riots, and apprehend the rioters; but after the riot is over, a constable is not authorized to seize livi manu any person concerned in it, unless some one has been dangerously wounded in the affray. See POLICE.