THE 



OFFICE OF CONSTABLES, 



ORIGINAL AND USE OF 



COURTS LEET, SHERIFF S TURN, ETC, 



WITH 



THE ANSWERS TO THE QUESTIONS PROPOUNDED 



BY SIR ALEXANDER HAY, KNT. TOUCHING THE OFFICE 01* 



CONSTABLES. A. D. 1608. 



1. Question. WHAT is the original of constables ? 



Answer. To the first question of the original of con 

 stables it may be said, caput inter nubila condit ; for the 

 authority was granted upon the ancient laws and customs 

 of this kingdom practised long before the conquest, and 

 intended and executed for conservation of peace, and repres 

 sion of all manner of disturbance and hurt of the people, 

 and that as well by way of prevention as punishment ; but 

 yet so, as they have no judicial power, to hear and deter 

 mine any cause, but only a ministerial power, as in the 

 answer to the seventh article is demonstrated. 



As for the office of high or head constable, the original 

 of that is yet more obscure ; for though the high constable s 

 authority hath the more ample circuit, he being over the 

 hundred, and the petty constable over the village; yet I 

 do not find that the petty constable is subordinate to the 

 high constable, or to be ordered or commanded by him; 

 and therefore, I doubt, the high constable was not ab ori- 

 gine ; but that when the business of the county increased, 

 the authority of justices of peace was enlarged by divers 

 statutes, and then, for conveniency sake, the office of high 

 constable grew in use for the receiving of the command 

 ments and prescripts from the justices of peace, and distri 

 buting them to the petty constables : and in token of this, 



