OFFICE OF CONSTABLES. 357 



the election of high constable in most parts of the kingdom 

 is by the appointment of the justices of the peace, whereas, 

 the election of the petty constable is by the people. 



But there are two things unto which the office of con 

 stables hath special reference, and which, of necessity, or 

 at least a kind of congruity, must precede the jurisdiction 

 of that office ; either the things themselves, or something 

 that hath a similitude or analogy towards them. 



1. The division of the territory, or gross of the shires, 

 into hundreds, villages, and towns ; for the high constable 

 is officer over the hundred, and the petty constable is over 

 the town or village. 



2. The court-leet, unto which the constable is attendant 

 and minister; for there the constables are chosen by the 

 jury, there sworn, and there that part of their office which 

 concerned! information is principally to be performed : for 

 the jury being to present offences and offenders, are chiefly 

 to take light from the constable of all matters of disturbance 

 and nuisance of the people : which they, in respect of their 

 office, are presumed to have best and most particular know 

 ledge of. 



The jurisdiction of the court-leet is to three ends. 



1. To take the ancient oath of allegiance of all males 

 above twelve years. 



2. To inquire of all offences against the peace ; and for 

 those that are against the crown and peace of both, to in 

 quire of only, and certify to the justices of gaol delivery; 

 but those that are against the peace simply, they are to in 

 quire of and punish. 



3. To inquire of, punish, and remove all public nuisances 

 and grievances concerning infection of air, corruption of 

 victuals, ease of chaffer, and contract of all other things 

 that may hurt or grieve the people in general, in their 

 health, quiet, and welfare. 



And to these three ends, as matters of policy subordinate, 

 the court-leet hath power to call upon the pledges that are 

 to be taken of the good behaviour of the resiants that are 

 not tenants, and to inquire of all defaults of officers, as 

 constables, ale-tasters, and the like : and likewise for the 

 choice of constables, as was said. 



The jurisdiction of these leets is either remaining in the 

 king, and in that case exercised by the sheriff in his turn, 

 which is the grand leet, or granted over to subjects ; but 

 yet it is still the king s court. 



2. Question. Concerning the election of constables ? 



