358 OFFICE OF CONSTABLES. 



Answer. The election of the petty constable, as was said, 

 is at the court-leet by the inquest that make the present 

 ments; and election of head constables is by the justices 

 of the peace at their quarter sessions. 



3. Question. How long is their office ? 



Answer. The office of constable is annual, except they 

 be removed. 



4. Question. Of what rank or order of men are they ? 

 Answer. They be men, as it is now used, of inferior, yea, 



of base condition, which is a mere abuse or degenerating 

 from the first institution; for the petty constables in towns 

 ought to be of the better sort of resiants in the same ; save 

 that they be not aged or sickly, but of able bodies in 

 respect of keeping watch and toil of their place ; nor must 

 they be in any man s livery. The high constables ought to 

 be of the ablest freeholders, and substantialest sort of yeo 

 men, next to the degree of gentlemen ; but should not be 

 incumbered with any other office, as mayor of a town, 

 under-sheriff, bailiff, Sec. 



5. Question. What allowance have the constables ? 

 Answer. They have no allowance, but are bound by duty 



to perform their office gratis ; which may the rather be 

 endured because it is but annual, and they are not tied to 

 keep or maintain any servants or under-ministers, for that 

 every one of the king s people within their limits are bound 

 to assist them. 



6. Question. What if they refuse to do their office ? 

 Answer. Upon complaint made of their refusal to any 



one justice of peace, the said justice may bind them over 

 to the sessions, where, if they cannot excuse themselves by 

 some allegation that is just, they may be fined and im 

 prisoned for their contempt. 



7. Question. What is their authority or power ? 



Ajiswer. The authority of the constable, as it is substan 

 tive, and of itself, or substituted, and astricted to the war 

 rants and commands of the justices of the peace; so again 

 it is original, or additional : for either it was given them by 

 the common law r , or else annexed by divers statutes. And 

 as for subordinate power, wherein the constable is only to 

 execute the commands of the justices of peace, likewise the 

 additional power which is given by divers statutes, it is 

 hard to comprehend in any brevity ; for that they do cor 

 respond to the office and authority of justices of peace, 

 which is very large, and are created by the branches of 

 several statutes : but for the original and substantive power 

 of constables, it may be reduced to three heads; namely, 



