CON 
cause an innocent man to be indicted, and 
also to be tried upon the indictment, where- 
upon he is lawfully acquitted, are properly 
conspirators ; but that those also are guilty 
of this offence who basely conspire to indict 
a man falsely and maliciously, whether they 
do any act in prosecution of such confede- 
racy or not. For this offence the conspira- 
tors, may be indicted at tlie suit of the king, 
and may be sentenced to fine, imprison- 
ment, and pillory. 
CON STABLE. Lord high constable, an 
ancient officer of the crowns both of Eng- 
land and France, whose authority was so 
Very extensive, that the office has been laid 
aside in both kingdoms, except upon par- 
ticular occasions, such as the king’s coro- 
nation. 
The function of the constable of Eng- 
land consisted in the care of the common 
peace of the land, in deeds of arms and mat- 
ters of war. By a law of Richard II. the 
constable of England has the determination 
of things concerning wais and blazonry of 
arms, which cannot be discussed by the 
common law. The first constable was 
created by the Conqueror : the office con- 
tinued hereditary till the 13th of Henry 
VIII. when it was laid aside, as being so 
powerful as to become troublesome to the 
king. We have also constables denomi- 
nated from particular places, as constable of 
the Tower, of Dover Castle, of VFindsor 
Castle, of the castle of Caernarvon, and 
many other of the castles of Wales, whose 
office is the same with that of the castel- 
lani, or governors of castles. 
From the lord high constable are derived 
those inferior ones, since called the consta- 
bles of hundreds or Iranchises, who were 
first ordained in the thirteenth of Edward I. 
-by the statute of Winchester, which, for the 
conservation of peace and view of amiour, 
appointed that two constables should be 
chosen in every hundred. These are what 
we now call high constables, on account 
that the increase of people and offences has 
made it necessary to appoint others under 
tliese, in every town, called petty consta- 
bles, who are of the like nature, though of 
inferior authority to the other. The high 
constable over the whole hundred is usually 
chosen and sworn into his office by the jus- 
tices of the peace, in their sessions : and as 
to petty constables in towns, villages, &c. 
the right of choosing them belongs to the 
court-leet, though they may be elected by 
the paiishioners. They are appointed 
.yearly, and ought to be men of honesty, 
knowledge, and ability j and if- they refuse 
CON 
to serve, or do not perform their duty, they 
may be bound over to the sessions, and there 
indicted and fined. Any constable, witli- 
out a warrant from a justice, may take into 
his custody any persons that he sees com- 
mitting felony, or breaking the peace; but 
if it be out of his sight, as where a person 
is seized by another, he cannot do it with- 
out a warrant. 
There are many persons exempted by law 
from serving the office of constable : these aie 
the ancient officers of any of the colleges in 
the two- universities, counsellors, attornies, 
and all otlier officers whose attendance is 
required in the courts of Westminster-hall, 
aldermen of London, the president and fel- 
lows of the fellowship of physic in London, 
surgeons and apothecaries in London, and 
within seven miles thereof, being free of the 
company of apothecaries, and licensed 
teachers, or preachers in holy orders, in a 
congregation legally tolerated, shall be ex- 
empted from the office of a constable. The 
prosecutor of a felon to conviction, or the 
person to whom he shall assign the certifi- 
cate thereof, shall be discharged from the 
office of constable. 
But generally speaking, every house- 
keeper, inhabitant of the parish, and of full 
age, is liable to fill the office of constable : 
he ought, however, to be of the abler sort 
of parishioners, as being more likely to per- 
form his duty with probity and discretion, 
CONSTELLATION, in astronomy, a 
system of several stars that are seen in tlie 
heavens near to one another. Astronomers 
not only mark- out the stars, but, that they 
may better bring them into order, they dis- 
tinguish them by their situation and position 
in respect to each other; and therefore 
they distribute them into asterisms, dr con- 
stellations, allowing several stars to make 
up one constellation : and for the better dis- 
tinguishing and observing them they reduce 
the constellations to the forms of animals, 
as men, bulls, bears, &c. or to the images of 
some tilings known, as of a crown, a harp, a 
balance, &c, or give them the names of 
those whose memories, in consideration of 
some notable exploit, they had a mind to 
transmit to future ages. See Astro- 
nomy. 
CONSTITUTION, in matters of policy, 
signifies the form of government established 
in any country or kingdom. 
The constitution and government of a 
country frequently differ, though the latter 
should be founded on the former in every 
particular. The tw'o terms are considered 
by some persons as synonymous, but accu- 
