What is a Constable

Among one of the oldest law enforcement offices still in existence today is the office of the constable. The title of constable itself is derived from the root word comes stabuli or “Master of the Horse” or “Keeper of the King’s Stable”– a title traceable to the Roman and Byzantine Empires of the 5th century AD. While constables commonly held office throughout the annals of Western European history, their authority and role evolved considerably over time. For instance, the Constable of France maintained a military and judicial role during the medieval times, becoming “one of the five great officers of the state, with limited powers of jurisdiction and with command of the cavalry.” The constable’s role eventually rose to that of supreme military command of the French army by the mid-14th century. Following this rise in power, the role began to decline and was eventually eliminated by French Prime Minister Cardinal Richelieu in 1627, revived by Napoleon I in 1808, and then finally abolished upon the restoration of the Bourbons in 1814. The office of the constable in England was introduced following the Norman invasion of the British Isles in 1066, with its conquerors continuing the older Anglo-Saxon system of justice with few adaptations. Similar to France, constables in medieval England served as military officers in command of the army and controlled military garrisons and castles such as Windsor, Dover, and the infamous Tower of London. The English constable was originally a post in the royal court, however, by the late- 13th century, the constable had evolved into an officer of a manor, parish, or township, appointed by various local bodies such as courts, and ultimately subordinate to the sheriff or mayor. The constable’s primary duty was to keep peace and order in his specific shire or ward under the “watch-and-ward” system (guarding the city gates at night). Constables also provided security for traveling justices traversing the English countryside. According to the Statute of Winchester, (1285) – the codified legislation regulating local law enforcement in England, constables held the distinct authority to arrest suspicious strangers who would then be held and guarded until further investigation. Constables generally did not handle the investigation and prosecution of crimes in England, which were viewed as private matters to be handled by individual victims. When describing the duties of the constable, Henry de Bracton, well-known English jurist and clerk who wrote extensively between 1220 and 1250 wrote: 

In whatever way and on whatever day, it is the duty of the constable to enroll everything in order, for he has record as to the things he sees; but he cannot judge, because there is no judgment at the Tower, since there the third element of a judicial proceeding is lacking, namely a judge and jurisdiction. He has record as to matters of fact, not matters of judgment and law.

 According to Bracton’s writings, the English constable served as the “eyes and ears” of the court, finding evidence and recording facts upon which judges could make a ruling. By the 17th century, a high or chief constable was appointed in every locality and was responsible for suppressing riots and violent crimes, along with arming local militia to assist him. Petty constables began to serve under the high constable in each village. Both high and petty constables were viewed as executive legal officers of counties spread throughout England until the County Police Acts of 1839 and 1840 authorized certain local justices to establish paid police forces – a watershed development which gave rise to the country’s modern police system and led to the constable’s eventual reduction in rank and authority.