OFFICE OF CONSTABLES. 359 



1. For matter of peace only, 



2. For peace and the crown, 



3. For matter of nuisance, disturbance, and disorder, 

 although they be not accompanied with violence and breach 

 of the peace. 



First, for pacifying of quarrel begun, the constable may, 

 upon hot words given, or likelihood of breach of the peace 

 to ensue, command them in the king s name to keep peace, 

 and depart, and forbear : and so he may, where an affray 

 is made, part the same, and keep the parties asunder, and 

 arrest and commit the breakers of the peace, if they will 

 not obey ; and call power to assist him for that purpose. 



For punishment of breach of peace past, the law is very 

 sparing in giving any authority to constables, because they 

 have not power judicial, and the use of his office is rather 

 for preventing or staying of mischief, than for punishment 

 of offences ; for in that part he is rather to execute the 

 warrants of the justices; or, when sudden matter ariseth 

 upon his view, or notorious circumstances, to apprehend 

 offenders, and to carry them before the justices of peace, 

 and generally to imprison in like cases of necessity, where 

 the case will not endure the present carrying of the party 

 before the justices. And so much for peace. 



Secondly, For matters of the crown, the office of the 

 constable consisteth chiefly in these four parts : 



1. To arrest. 



2. To make hue and cry. 



3. To search. 



4. To seize goods. 



All which the constable may perform of his own autho 

 rity, without any warrant from the justices of the peace. 



1. For, first, if any man will lay murder or felony to 

 another s charge, or do suspect him of murder or felony, 

 he may declare it to the constable, and the constable ought, 

 upon such declaration or complaint, to carry him before a 

 justice of peace; and if by common voice or fame any man 

 be suspected, the constable of duty ought to arrest him, 

 and bring him before a justice of peace, though there be 

 no other accusation or declaration. 



2. If any house be suspected for receiving or harbouring 

 of any felon, the constable, upon complaint or common fame, 

 may search. 



3. If any fly upon the felony, the constable ought to 

 raise hue and cry. 



4. And the constable ought to seize his goods, and keep 



