] 13 
C O N S T A B L L 
sr.d entrance upon demand is relufed, he may break open 
the doors to keep the peace and prevent the danger, 
2 Hale P. C. 135. 
In arreft of felons, See. Where a felony is committed, 
though out of his precindt, the conftable may, cx officio, 
without a warrant, arreft the felon, (if found within his 
precinct,) and imprifon him till he can be conveyed to a 
•uftice of peace, or to the common jail. 2 Hale P. C. 90. 
If the felon in any cafe refills or flies, whether after arreft 
or before, and cannot be taken, the conflable may kill 
him, and luch killing is juftifiable. 1 Hale P. C. 481. 
Where a felony has been actually committed, the con¬ 
ftable, (or any perfon,) upon probable grounds of fufpi- 
cion, may lawfully (and it is the. conftable’s duty to) 
apprehend the fnfpefted perfon, and carry him before a 
magiftrate. 11 Mod. 24S. Doug. 345. Statute 22 Geo. III. 
c. 5S. empowers conftables and watchmen to arreft per- 
fons fufpeCted of conveying away ftolen goods by night. 
Probable grounds are very many, e. g. common fame ; 
hue and cry levied ; goods found on a perfon, &c. Crompt. 
d. P. 87, 154. Ozo. 121. 3 Buljl. 287. In cafe of a felony 
committed, or in danger to be committed, (as if one beat 
or wound another dangeroufly,) the conftable, either upon 
complaint, or hue and cry, may break open the doors to 
take the offender, if upon demand ana notice he will not 
yield himfelf, or entrance be refufed ; or if the conftable 
a£t under a juftice’s warrant for treafon or felony. And 
he may imprifon the offender till the injured party is out 
of danger. Brozvnl. 211. 1 Buljl. 146. The conftable may 
officially imprifon for a time to prevent felony ; as if he 
fee two with weapons drawn ready to fight; or if a man 
in a fury be purpofed to kill, maim, or beat, another. He 
may alfo arreft and imprifon one for a felonious intent, as 
if a man bring a helplefs infant into a field or elfewhere, 
and leave it to periffi for want, and the conftable fee this 
himfelf. Moore, 284. Though no felony has a finally been 
committed, conftable and his afliftants are juftified in ar- 
refting on a given charge of felony, Doug. 359 ; and in 
this cafe conftable may difeharge the perfon lufpedled. 
Cro. El. 202. Dalt. 272. He may arreft perfons coming 
before the king’s juftices with force and arms, or who 
bring force in affray of the peace, or go or ride armed in 
a warlike and unneceffary manner, 2 Edw. III. c. 3. He 
may take aid of his neighbours to arreft another, or in 
execution of any part of his duty at common law, and 
under feveral ftatutes, and they are compelled to affift 
him ; upon affray or 1'uch like he may raife the people 
of the realm to caufe the peace to be obferved. Cromp. 
J. P. 141. Comb. 309. He may carry one that he has ar¬ 
retted for felony to the common gaolj and the gaoler is 
bound to receive him. 1 HaleP.C. 595. But the fafeft 
way in all cafes is, to take him to a juftice of peace, to 
bail or difeharge him; till when it is the duty of the 
conftable to keep and imprifon an offender. If a felon 
fly, conftable ought to feize his goods, and keep them 
for the king’s ufe, and fend hue and cry after him, 27 
Eliz. c. 13 ; and on notice of robbery, is to make hue and 
cry. 8 Gee. II. c. 16. 
In breaking open doors, the occafions which juftify fo 
doing, are, a capias utlagatum, or capias pro fine ; on for¬ 
cible entry and detainer found by inquifition, or view of 
juftices; on efcape from a lawful arreft; on warrant to 
i'earch for ftolen goods if found. It is beft always, and 
generally requifite, firft to fignify the caufe of the con- 
llable’s coming, and to demand that the door fliould be 
opened. 2 Hawk. P. C. c. 14. Fofi. 136. If deferters, con¬ 
ftable may apprehend perfons fufpeCted to be fuch, and 
take them before a juftice, under the annual mutiny aCts; 
and he is allowed twenty fhillings for each. 
In diforderly houles. If there be dilorderly drinking 
or noife at an unfeafonable time of night, efpecially in 
inns, taverns, or ale-houfes, the conftable or his watch 
demanding entrance, and being refilled, may break open 
the doors to fee and fupprels the diforder, as is conftantly 
done in London and Middlefex. 2 Hale P. C. oc. He or 
Vol. V. No. 258. 
his watchmen, (or indeed any men,) may apprehend inde¬ 
cent night-walkers, and commit them till morning. 2 Hale 
P. C. 98. And he may arreft and commit lewd perfons 
frequenting bawdy-houfes, to make them find fecurity 
for their good behaviour. Cromp. J. P. 153. 
In hulbandry. He may grant teftimonials under feal 
to fervants, and licenfe them to change their mailers. 
5 Eliz. c. 4. And by the fame ftatute, he is to caule all 
perlons meet for labour, to ferve by the day, in mowing, 
■» reaping, &c. or on refufal, fet them in the flocks. By 
43 Eliz. c. 7. and 15 Car. II. ’c. 2. perfons unlawfully 
cutting corn growing, robbing orchards or gardens, break¬ 
ing fences, pulling up fruit-trees, fpoiling woods, &c. 
(not being felony,) not fatisfying the damages, fhall be 
committed to the conftable to be whipped. 
With relpefl to inn-keepers, the conftable on complaint 
may compel them to receive guefts. 1 Jac. I. c. 9. He* 
may imprifon any one infulting, alfaulting, or making 
affray on him, or oppoling him, though only verbally, in 
execution of his office. 1 Ro. Rep. 238. Lunatics or madmen 
he may take and imprifon; and he fhall not be charged 
if they die there. 17 Geo. II. c. 5. For preferving the 
peace, he may take 1'urety by obligation in his own name, 
but not otherwife, and may certify it at the feflions. 10 
Edw. IV. c. iS. In times of pellilence or plague, the 
conftable may command infeCted perfons to keep in the 
houfe. 1 Jac. I. c. 31. 
In executing warrants ; where conftable has a warrant, 
he is tied up thereby, to a£t only as it directs. 11 Mod. 
24S. If he arrefts on a general warrant, (before forne 
juftice,) he may carry his prifoner to what juftice he 
will, 24 Geo. II. c. 55. by which offenders may be taken 
in any county. Though the conftable is not named in 
3 and 4 Will, and Mary, c. 10. nor appointed to be the 
officer to execute the warrants, yet the juftices may com¬ 
mand him to execute them. 1 Salk. 381. And a conftable 
need not return his warrant, but Ihould keep it for his 
own juftification. 2 Ld. Raym. 1 196. The conftable is the 
proper officer to a juftice of peace, and bound to execute 
his lawful warrants; and therefore where a ftatute au- 
thorifes a juftice to convict a perfon of any crime, and to 
levy the penalty, &c. without faying to whom fuch war¬ 
rant fhall be directed, the conftable is the officer to exe¬ 
cute the warrant, and muft obey it. 5 Mod. 130. Confta¬ 
ble muft at his peril take notice that his warrant is by 
one in the commiflion of the peace, and that the matter 
is within the juftice’s iurifdiction. 2 Hauik. P. C. c. 13. 
And if guilty of mifdemeanour in executing a lawful 
warrant, he becomes a trefpalfer. 12 Mod. 344. But a 
warrant properly penned, (even though the magiftrate 
who ilfue it Ihould exceed his jurifdiction,) will by 24 
Geo. II. c. 44. at all events indemnify the officer who 
executes it minifterially. 4 Comm. 288. 
Conftable hath power ex officio to keep a watch for the 
purpofe to raife or purl’ue hue and cry upon robberies 
committed, by the ftatute of Winchefter, c. 1 ; to fearch 
for lodgers in fuburbs of cities that are fufpicious per- 
fens, which is to be done every week, or at leaft once in 
fifteen days, by the fame ftatute, c. 4; for fuch as ride or 
go armed, by the ftatute of 2 Edw. III. c. 3 ;' for night- 
walkers and perfons fufpicious, either by night or day, 
by the ftatute of 5 Edw. III. c. 4. And it is in his power 
to hold fuch watches as often as he pleafes; and the 
watchmen are his minitters and afliftants, and are under 
the fame protection with him, and may aft as he doth, 
and regularly lie ought to be in company with them in 
their w r alk and watch. 2 Hale P. C. 97. A watchman 
hath a double protection of the law, viz. 1 - As an affift. 
ant to the conftable when he is prelent or in the watch. 
2. Purely as a watchman fet by order of law ; and the 
law takes notice of his authority ; and the killing of a 
watchman in the execution of his office is murder. 
If an inhabitant refufe to watch in his turn, conftable 
may fet him in the flocks. 3 Lei. 208. See 14 Geo, 
III. c. 90. for regulating the nightly watch and duty 
G g ' ef 
