Jurisdictions, Part 63
Conſtables.
And for that that the Conſtable is here choſen and ſworn, that is inquirable here if he do his Office, and for that let us ſee what authority a Conſtable hath, and what he ought to do.
AT the Common Law before the making of the Statutes by which Juſtices of the Peace were ordained to keep the Peace.
The cheif Juſtice of England was appointed by the King, and he hath authority, and he was ordained to determine matters touching the Crown, and for conſervation of the Peace throughout the Realme, and he for that is the cheife Juſtice of the Peace.
Alſo by the Common Law before there was any Juſtice of Peace, Conſtables of every Town were keepers of the Peace within their Townes.
If any be threatned upon complaint to the Conſtable, he may inforce the party to put in a Suerty, and if he do not, commit him to priſon till he hath found a Suerty, 4 Ed. 3. Barr. 102.
If any be ſtrucken and in perill of death, the Conſtable ought to arreſt the Offendor, and to keep him in Priſon till it be known if he will live or dy, or till he have found Suerties to appeare before the Juſtices at the Goale-delivery.
If Felons or Murderers be in a Town, and the Conſtable hath notice of that, it is his Office and duty to raiſe People to take them, 1 R. 3. chap. 3. And if any Felon be taken it is the Office of the Conſtable to carry him to the Goale, and to cauſe others of the Town to aſſiſt him in ſo doing.
Conſtables were ordained for two intents, that is, to keepe the Peace, and alſo to apprehend Felons, and to take ſuerty by obligation of ſuch perſons, that they finde making Affraies.
Conſtables may arreſt men which go or ride armed between Faires and Markets, Raſtal, Armor, 4.and take their Armor as forfeit to the King, 2 Ed. 3. C. 3.
Conſtables ought to arreſt ſuch which go by night of whom there is Suſpition, and deliver them to the Sheriff, Raſtal, Robberies 4.there to remain in hold, and alſo all ſuſpected perſons either by day or by night are to be delivered to the Sherift, as above, by 5 Ed. 3. chap. 64.
Conſtables have power to examine Vagabonds, Raſtal, Vag. 5.and to compell them to finde ſuerty for their good behaviour, and if they cannot finde ſuerties, to commit them to the next Goale, by 1 R. 2. chap. 5.
Conſtables may arreſt Servant laborer vagrant, unleſſe he have a letter containing the cauſe of his going, and the time of his return under the Kings Seale, and may ſet him in the Stocks, till he have found ſuerties to ſerve, by 12 R. 2. chap. 3.Raſtall, Vag. 5. Raſtall, Arch. 2.
Conſtables have power to commit every one uſing unlawfull Games, and to keep them till the Offendors be bound in an obligation to the uſe of the King, that he ſhall not uſe unlawfull Games, by 6 H. 8. chap. 2.
Conſtables upon complaint may arreſt Boate-men and Water-men which take more then is appointed for them to take, and commit them to Ward for their miſdemeanor, Raſtall, Paſſ. 8.and to fine for the ſame, by 6 H. 8. chap. 7.
Conſtables have power to commit Beggers to the ſtocks, Raſtall, Vag. 2. Raſtall, Vag. 9.which Offend, by 22 H. 9. chap 12.
Conſtables ought to convey Rogues taken within their office to the next Conſtable, that they might be conveyed to▪ Priſon, upon paine of ſix ſhillings eight pence for every offence, by 14 Eliz. chap. 5.
Alſo if a Conſtable do not make ſearch every MonethMonth for unlawfull keeping of Games, and for unlawfull playing if occaſion be, and preſent the ſame, he ſhall forfeit forty ſhillings.
The Conſtable is the keeper of the Peace, that is to ſay, The high Conſtable for the Hundred, and the petty Conſtable in the Town, 12 H. 7. f. 38.
Conſtable may arreſt one to finde ſuerty of the Peace, and if he will nor obey, he may take power to inforce him, and one may Juſtifie that commeth in aide of the Conſtable to arreſt one that makes an aſſault, 3 H. 4. fol. 10.
Conſtable may arreſt one which makes an Aſſault, though it be of himſelf, 5 H. 7. fol. 6:
Conſtable was ordained to keep the Peace, and may take ſuerty for the Peace by bond of one, if he be found making a Fray, 10 Ed. 4. fol. 18.
Conſtable may arreſt one which makes a Fray and carry him to the next Goale till he finde ſuerty for the Peace, but not impriſon him in his Houſe, or put him in the ſtocks, unleſſe it be in the night, that he cannot carry him to the Goale, for any other reaſonable cauſe, 22 Ed. 4. f. 35. by Brian.
Conſtable may ſearch for ſuſpitious perſons, and may arreſt Night-walkers, 2 Ed. 4. f. 9.
Conſtable may ſearch ſuſpitious bawdy houſes, where Women of ill fame are, and may arreſt ſuſpected perſons which walk in the night and ſleep in the day, or keep ſuſpitious company, and if he be not of power to arreſt them, he may have aid of his Neighbours by the Law, 3 H. 7. fol. 10. that he may have aid, 13 H. 7. fol. 10. Title recogniſance 14 Brook.
Conſtable cannot take a Recogniſance to keep the Peace, but an obligation.
38 H. 8. tit. Falſe Impriſonment 6. It is ſaid, that one cannot arreſt for a Fray after it is done, without a Warrant, but before it be done, or whileſt it is a doing he may.
5 H. 7. fol. 6. Treſpaſſe of Impriſonment; the Defendant ſaith that he was Conſtable, and for that the Plaintiff made an Aſſault upon him and broke the Peace, he took him and carried him to the Goale to preſerve the Peace, 21. H. 4. fol. 21.
10 Ed. 4. fol. 20. Stocks are ordained properly to puniſh Vagrants and Servants for wages, ſee, 7 H. 4. chap 17.
Britton fol. 17. None ſhall be put in Irons but thoſe which are taken for Felony, or for Treſpaſſe in Parkes or Chaſes.
Weſt. 2. chap. 39. For reſiſtance where a proceſſe is to be executed, that Statute gives aid and opwer of the County againſt them which make reſiſtance.
3 H. 7. fol. 1. It is held there that the Conſtable may take the power of the County where there is a Fray, and ſpecially to take Felons.
For that, it is the Office of a Conſtable to ſee that Watch be kept, let us ſee how a Watch may be.
THe Watch ought to begin at the feaſt of Aſcention, and ought to be held till Michaelmaſſe all the night, from the ſetting of the Sun to the riſing, and in every City ſix ſhall be at every Gate, and in every Town they ought to watch twelve men, and in every Village ſix men, or four, according to the number of the Inhabitants of the Village; and if any ſtranger be arreſted in the Watch, he ſhall be kept untill the morning, and if they finde ſuſpition in him, he ſhall be delivered to the Sheriffe, and if no ſuſpition be in him, he ſhall go free, and if any will not obey the Arreſt, they ought to raiſe Hue and Cry, and for arreſting ſuch a ſtranger none ſhall be puniſhed, 13 Ed. 1. chap. 3.
Every one may arreſt Night-walkers which go by the way, for it is for the common profit, Raſtall, Rob. 2.4 H. 7. fol. 18. & 5 H. 7. fol. 5. the ſame.