llo 2 CONS'! 
not give bail, the conftable fhall carry the offender be¬ 
fore a juftice of the county where the offence was com¬ 
mitted. He is an officer of the court of quarter fe'ffions, 
over whom they have power. Comb. 204. 
The common law requires, "that every conftable fliould 
be idoneus homo , i. e. apt and fit to execute the faid office ; 
and he is faid in law to be idoneus, who has thefe three 
qualities ; honefty, knowledge, and ability ; honefty to 
execute his office truly, without malice, affedtion, 01- 
partiality ; knowledge, to know- what he ought duly to. 
do ; and ability, as well in eftate as body, that he may 
intend and execute his office when need is, diligently ; 
and not for impotence or poverty negledl it. 8 Rep. 41. 
And if one be eledted conftable who is not idoneus, he, by 
the law, may be difeharged of his office, and another 
who is idoneus appointed in his place. He mult be an in¬ 
habitant or the place for which he is chofen. 12 Mod. 
256. He ought not to be the keeper of a public houfe. 
6 Mod. 42. And this is made an exprefs difqualification 
in Weftminfter, by 29 Geo. II. c, 25. 
2. The conftable is chofen by the common law, at the 
leet; or, where there is no leet, at the tourn; fome- 
times by the fuitors, and fometimes by the fteward ; and 
now, in many towns and pariffies, by the parifhioners; 
all according to ancient and particular ulage. If he be 
prefent when chofen, he is to take the oath in co-urt ; if 
abfent, he may bfe fworn before a fingle juftide of the 
peace. But, in the latter cafe, he ought to have fpecial 
notice of his election, and a time and place fliould be ap¬ 
pointed for his taking the oath, well and truly to ferve 
the office. 4 Injt, 265. Conftables of London (which city 
is divided into twenty-fix wards, and every ward into 
precindts, in each w-hereof is a conftable) are nominated 
by the inhabitants of each precindl on St. Thomas’s day, 
and confirmed, or otherwife, at the court of wardmote ; 
and, after they are confirmed, they are fworn into their 
offices' at a court of aldermen, on the next Monday after 
Twelfth-day ; their oath is long and particular, and goes 
to duties now feldom performed, but regulated by arti¬ 
cles of the wardmote inqueft, which diredts the feveral 
matters to be oblerved by the conftable, who is in the 
nature of a general fuperintendant of the morals of the 
inhabitants; and he ought to notice all new-comers, who, 
if of bad charadter, may be required to give fecurity for 
their good behaviour, or be imprifoned ; and every con¬ 
ftable may execute warrants through the whole city. 
In cafe a conftable die ox quit the precindl, two juf- 
tices may make and lwear a new one, till the lord of the 
manor fhall hold a court leet, or till the next quarter 
feffions, who may either approve of the conftable fo 
made, or appoint another. Alfo, if he continue above 
a year in office, the quarter feffions may difeharge him, 
and put' another in his place, until the lord fhall hold a 
court. But juftices of the peace, either in or out of the 
quarter feffions, cannot in any other cafe difeharge a con¬ 
ftable chofen in the leet. 13 and 14 Car. II. c. 12. A 
mandamus may be granted to the fteward of a court leet 
to fwear a conftable. Comb. 285. A perfon may be in¬ 
dicted for not taking upon him the office of conftable. 
Stra. 920. In the leet or tourn where one is eledled con¬ 
ftable, and refufes to be fworn, he may, if prefent, be 
fined for the contempt; if abfent, amerced or fubjedled 
to a penalty for non-acceptance of the office according to 
the order. 5 Mod. 130. Though the juftices of the peace 
have not originally the making of the conftable, it is 
matter of the peace within their general jurifdidlion, and 
they may examine it in their feilions, 2 Jon. 212. and 
on juft caufe remove them, 4 Injl. 267. and by warrant 
compel them to appear and be fworn. 5 Mod. 128. An 
information in the nature of a quo warranto is grantable 
againft any one, to ffiew by what authority he exercifes 
the office of conftable. 2 Stra. 1213. 
Exemptions from ferving the office.—-i. Aged perfons, 
incapacitated by weaknefs ; and in Weftminfter, thole of 
fixty-three years old are exprefsly exempted by 31 
ABLE. 
Geo. II. c. 17. 2. Aldermen of London. Doug. 538. 3, 
Apothecaries pracliftng in or within feven miles of Lon¬ 
don, free of the company, or in the country having ferved 
feven years. 6 and 7 Will. III. c. 4. 4. Attornies of the 
courts of king’s bench and common pleas. Noy. 11 2; 5. 
Barber-furgeons. 6. Pradliling barrifters. 2 Hawk. P. C. 
103. 7. Diffenters, being teachers and preachers, but 
not others. 1 Will - , and Mary, c. 18. 8. Foreigners na¬ 
turalized, 5 Burr. 2790. who may rather be faid to 1 e 
incapacitated. 9. Militia, ferjeants or private men ferv¬ 
ing in. 26 Geo. III. c. 107. 10. Parliament, fervants to 
members of, 1 Mod. 13. but this feems doubtful. 11. 
Phyficians, prefident and fellows of the college in Lon¬ 
don, by 32 Hen. VIII. c. 40. but no other phyficians, nor 
they elfewhere. 1 Mod. 22. 2 Hawk. P. C. 100. 12. Pro- 
fecucorsof felons; the original proprietor, or firft aflignee 
of a certificate, (commonly called a Tyburn-ticket,) if a 
parifh or ward office, within the parifh or ward in which 
the felony happened ; to be only once ufed, by 10 and 11 
Wi:l. III. c. 23. but this is no exemption from ferving 
the office for a manor ; nor, as it fliould feem, for a vil 1 
or townffiip ; nor where the office is to be executed out 
of the privileged diftribL 2 Burr. 1182. 13. Surgeons, 
free of the furgeons’ 'company in London, examined, ap¬ 
proved, and exerciling the fcience, by 5 Hen. VIII. c. 6 . 
32 Hen. VIII. c. 42. 18 Geo. II. c. 15. and by cuftom all 
furgeons, Com. Rep. 312. and by the fame ftatutes, barbers 
free of that'company in London. A college barber at 
Oxford, Doug, $ 31. but not mailers of arts, 5 PA. 429. 
nor juftices of peace in another county, Stra. 698. nor 
officers of the guards, 1 Lev. 233. 2 Hawk. P.C. 100. nor 
officers or watchmen at the cullom-houfe, 1 Sid. 272. nor 
tenants in ancient demefnPj 1 Vent. 344. nor a younger 
brother of the trinity-houfe. 1 Term Rep. 679. If, how¬ 
ever, a gentleman of quality, or a phyfician, officer, &c. 
be chofen conftable, where there are fufficient perfons 
befide, and no fpecial cuftom concerning it, it is feid-fuch 
perfons may be relieved in B. R. 2 Hawk. P. C. 100. c. 10. 
A conftabld may make a deputy, but the conftable is 
anfwerable, and his deputy ought to be fworn, though 
it is not in all cafes neceifary. Sid. 355. 1 Term Rep. 682. 
But if the deputy is duly allowed and fworn, the princi¬ 
pal is not anfwerable. Wood , b. 1. c. 7. Diffenters chofen 
to the office of conftables, &c. ferupling to take the 
oaths, may execute the office by deputy, who (hall com¬ 
ply with the law in this behalf. 1 Will, and Mary, c: 18. 
Conftables may appoint a deputy, or perfon to execute a 
warrant, when by reafon of ficknefs, See. they cannot do 
it themfelves. A woman made conftable, by virtue of 
a cuftom, that the inhabitants of a town fhall ferve by 
turns, on account of their eftates or houfes, may procure 
another to ferve for her, and the cuftom is good. 2 Term 
Rep. 395. 2 Hawk. P. C. c. 10. 
3. The conftable hath as good authority in his place, 
as the chief juftice of England hath in his,* on the fol¬ 
lowing occafions. 1 Ro. Rep. 238. In affray; if he fee 
one making affray, or affaulting another, or breaking the 
peace, or hear or know one to menace, or threaten to 
kill, wound, maim, or beat, another, the conftable may 
take and fet him in the flocks, or commit him to prifon, 
(as he may perfons about to make an affray, and com¬ 
manded to difperfe,) till the offender find furety to 
keep the peace, or for his good behaviour. Dalt. 33. 
Lamb. 135. But he may not let one who hath broken the 
peace in the flocks, if he can have him to the next gaol 
for the night. 22 Edw. IV. c. 35. Neither may he com¬ 
mit a party after an affray to compel him to find furety 
of the peace, as he cannot take any man’s oath that he 
is in fear of his life. But he may upon complaint arrelt 
the party, and bring him before a juftice of peace, (which 
indeed is always the fafell way,) to find furety. Cro. El. 
375. 2 Hale P. C. 88. If men be making affray in a houfe, 
and the doors are fhut, or perfons making affray run into 
a houfe, the conftable may enter to fee the peace kept. 
And if man-Haughterj or blood-fhed, is likely to enfue, 
and 
