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CONSTABLE

Volume 6 · 1,326 words · 1810 Edition

according to some, is a Saxon word, compounded of coning, "king," and fleple 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 Cowell, from that language; wherein it is plainly derived from the Latin comes flabuli, 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 feats of arms, which were performed on horseback.—The Lord High Constable of England is the seventh great officer of the crown; and he, with the earl marshal of England, were formerly judges of the court Constable, of chivalry, called in King Henry IV's time Curia Militaris, and now the court of honour. It is the fountain of the martial law, and anciently was held in the king's hall. The power of the lord high constable was formerly so great, and of which so improper a use was made, that so early as the 13th of King Richard II., a statute passed for regulating and abridging the same, together with the power of the earl marshal of England; and by this statute, no plea could be tried by them or their courts, that could be tried by the common law of the realm. The office of constable existed before the conquest. After the conquest, the office went with inheritance, and by the tenure of the manors of Harlefield, Newman, and Whitenhurst, in Gloucestershire, by grand serjeanty in the family of the Bohuns earl of Hereford and Essex, and afterwards in the line of Stafford as heirs-general to them; but in 1521, this great office became forfeited to the king in the person of Edward Stafford duke of Buckingham, who was that year attainted for high treason; and in consideration of its extensive power, dignity, and large authority, both in time of war and peace, it has never been granted to any person, otherwise than by baec vice, and that to attend at a coronation, or trial by combat. In France, the same office was also suppressed about a century after by an edict of Louis XIII.; though it has been exercised, in the command of the Marshals, by the first officer in the army.

Lord high constable of Scotland was an office of great antiquity and dignity. The first upon record is Hugo de Morville in the reign of David I. He had two grand prerogatives, viz. First, the keeping of the king's sword, which the king, at his promotion, when he wears fealty, delivers to him naked. Hence the badge of the constable is a naked sword.—Second, The absolute and unlimited command of the king's armies while in the field, in the absence of the king; but this command does not extend to castles and garrisons. He was likewise judge of all crimes committed within two leagues of the king's house, which precinct was called the Chalmer of Peace; though his jurisdiction came at last to be exercised only as to crimes during the time of parliament, which some extended likewise to all general conventions. This office was conferred heritably upon the noble family of Errol, by King Robert Bruce; and with them it still remains, being expressly referred by the treaty of union.

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-leetions; and are removable by Constable, 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 borstholder; 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 borstholders, 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, conferring 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 waftir); 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-falling 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 alderman, 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, Constance 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.