De republica Anglorum The maner of gouernement or policie of the realme of England, compiled by the honorable man Thomas Smyth, Doctor of the ciuil lawes, knight, and principall secretarie vnto the two most worthie princes, King Edwarde the sixt, and Queene Elizabeth. Seene and allowed.

Of the Constables. CHAP. 22.

THese men are called in the elder bookes of our lawes of the Realme custodes pacis, and were at the first in greater reputation than they be nowe. It may ap∣peare that there was a credit giuē vnto them not alto∣gether vnlike to that which is now giuen to the Iusti∣ces of peace. To this day if any affraie chaunce to be made, the Constables ought and will charge them that be at debate to kéepe the Princes peace: and whosoeuer refuseth to obey the Constable therein, all the people will set streight vpon him, and by force make him to render himself to be ordered. Likewise if any be suspe∣cted of theft, or receiuing, or of murther, or of man∣slaughter, the Constable may take such persons, yea enter into any mans house with sufficient power to search for such men till he finde them: and if hee sée cause kéepe the suspected persons in the stockes, or cu∣stodie, til he bring them before a Iustice of the peace to be examined. But for so much as euerie litle village hath commonly two Constables,* 1.1 and many times ar∣tificers, labourers and men of small abilitie be chosen vnto that office, who haue no great experience, nor knowledge, nor authoritie, the Constables at this present (although this they may do vppon their owne authoritie) yet they séeme rather to be as it were the executors of the commaundement of the Iustices of peace. For the Iustice of peace as soone as he vnderstan∣deth by complaint that any man hath stolen, robbed, slaine, or any seruant or labourer without license hath departed out of his maisters seruice, or any that liueth idle and suspectly, knowing once in what parish he is, he writeth to the Constable of the parish, cōmanding

him in the Princes name to bring that man before him: the Constable dareth not disobey. The man is brought and examined by the Iustice, and if the Iustice doe finde cause, hee committeth him to the same Con∣stable to conuey him further to the Princes gaole, where the partie must lie till the Iustices of peace doe méete either at their quarter sessions, or at their gaole deliuerie, and that the lawe hath either condemned or acquited him. These Constable are called in some places headborowes, in some places tithingmen, and be like to them, who are called Consuls in manie townes and villages in Fraunce. The Constables are commonlie made and sworne at the Léetes of the Lordes, chosen thereto by the homage, and they kéepe that office sometime ij. iij or iiij yeare, more or lesse, as the parish doth agrée. What headborow doth betoken it is easily knowen, our language doth declare him as the head or chiefe of the borowe or village: likewise tithing man is the chiefe of y^e tithing. Constable sée∣meth to me to come of our old English worde kinnyng, which is Kinnyngstable, as ye would say a mā establi∣shed by the king, for such thinges as appertaineth to pleas of the crowne & conseruation of the Kings peace, & as I saide at the first were in some more reputation, approching to that authoritie which the Iustices of peace nowe doth holde.

Notes

• * 1.1

  One or two Constables, hedboroughes or tithingmen.