Camera regis, or, A short view of London containing the antiquity, fame, walls, bridge, river, gates, tower, cathedral, officers, courts, customs, franchises, &c. of that renowned city / collected out of law & history and methodized for the benefit of the present inhabitants by John Brydall ...

10. Of the Constables within this Renowned City.

COnstable, or Cunstable, is com∣pounded of two Saxon words,* 1.1 Cunning, per contractionem King, and Stable, i. e. Columen, quasi columen Regis, anciently written Cuningstable.

This Office is ancient here in Eng∣land, and mentioned by Bracton, seeming to answer him, that was cal∣led

amongst the Romans Tribunus ce∣lerum, and afterward Magister Equi∣tum.

This word Constable is diversly us∣ed in our Common Law: And first, The Constable of England, who is al∣so called Marshal; of whose Autho∣rity and Dignity a man may find ma∣ny arguments and signs, as well in the Statutes, as in the Chronicles of this Realm, his sway consisteth in the care of the common Peace of the Land, in deeds of Arms, and matters of war.

Out of this Magistracy were drawn these lower Constables, which we call Constables of Hundreds, and Liberties, and first ordained by the Statute of Winton 13. Ed. 1. which appoints for the conservation of the Peace, and view of Armour, two Constables in every Hundred, and Liberty, and these be at this time cal∣led High Constables, because the in∣crease of People and Offences, hath again undet those made others in e∣very Town, called Petty Constables, who are of the like nature, but of in∣ferior Authority to the other.

Besides these, there are Officers of particular places called by this name, as Constable of the Tower, Constable of the Exchecquer, Constable of Do∣ver Castle, Constable of Windsor; and the now Constable of the famous Ca∣stle of Windsor is his Highness Prince Rupert, Duke of Cumberland, a Per∣son most renowned, not onely for his brave conduct and fortitude in marti∣al affairs both by Sea and Land; but also for his great zeal and Love, shewn abundantly in defence of the Prote∣stant Religion.

For the derivation, and divers ac∣ceptation of the word (Constable) I proceed to shew what Authority pe∣ty Constables have in Cities, Towns, and Villages, according to our Law.

If any be threatened,* 1.2 upon com∣plaint to the Constable, he may en∣force the Party to put in a Surety, and if he do not commit him to Pri∣son, till he hath found a Surety.

A Constable may arrest one which makes an Assault,* 1.3 though it be of him∣self.

A Constable can take an Obligati∣on to keep the Peace,* 1.4 but he cannot

take a Recognizance.

* 1.5The Constable may arrest one, that makes an affray, and carry him to the next Jail, till he find sure∣ty of the Peace, but not imprison him in his house, or put him in the Stocks, unless it be in the night, that he cannot carry him to the Jayl, for any other reasonable cause.

The Constable may search for sus∣picious persons, and may arrest night walkers.* 1.6

The Constable may search suspici∣ous Bawdy Houses, where women of ill same are, and may arrest suspect∣ed persons,* 1.7 which walk in the night and sleep in the day, or keep suspici∣ous Company; and if he be not of power, he may have aid of his neigh∣bours by the Law.

* 1.8It is said, That a Constable cannot arrest for a Fray after it is done, without a warrant, but before it be done, or whilst it is doing, he may.

* 1.9A Constable may take the power of the County, where there is a Fray, and especially to take Felons.

If a man be strucken, and in peril

of death, the Constable ought to ar∣rest the Offender, and to keep him in Prison, till it be known,* 1.10 if he will live or die, or till he have found sureties to appear before the Justices at the Goal delivery:

If the Constable do not part Af∣frayors for the preservation of the Kings peace, and apprehend them, being within his view, or do not his utmost endeavour, to part and apprehend them, he may be fined, and imprisoned for his neglect there∣of, for he may command others to assist him; and therefore the Rule in him, Idem est facere, & nolle prohibere cum possis, & qui non pro∣hibet, cum prohibere possit, in Culpa est.

And if any be commanded to assist him therein, and refuse or neglect the same, it is a contempt in them to be punished by fine and imprisonment.

I shall conclude this Learning touch∣ing our Constables with these Queries.

1. Quaere. Whether a Constable may bring an Offender to what Ju∣stice he pleaseth?

Resp. It is adjudged that the Con∣stable

having a Warant to bring one Coram aliquo Justitiar. &c. it is at the Election of the Officer, to bring the Party so attached,* 1.11 to what Justice he will; for it is greater Reason, to give the election to the Officer, who (in presumption of Law) is a person indifferent, and sworn to execute his Office duely, then to the Delinquent, and upon the refusal to find surety, the Constable may commit the Delin∣quent without a new Warrant.

2. Quaere whether the Constable of a Town be bound to make Huy and Cry?

Resp. Huy and Cry is, when any Felo∣ny is committed, or any Person griev∣ously and dangerously wounded, or any person assaulted, and offered to be robbed,* 1.12 either in the day or night; the Party grieved, or any other may resort to the Constable of the Town, and acquaint him with the causes, de∣scribing the party, and telling which way the Offender is gone, and require him to raise Huy and Cry, and the Duty of the Constable is to raise the power of the Town, as well in the night as in the day, for the prosecuti∣on

of the Offender, and if he be not found there to give the next Consta∣ble warning, and he the next, until the Offender be found.

3. Quaere, What is the punishment of them, that shall not levy or pursue an Huy and Cry?

Resp. They,* 1.13 which levy not Huy and Cry, or pursue not upon Huy and Cry shall be punished by Fine, and Imprisonment.

Note, it is an Article of the Leet,* 1.14 to enquire of Huy and Cryes levied, and not pursued.

The City of London has been ta∣ken into the Kings hands, for not le∣vying a Huy and Cry, as appears by this Record, Scil.

Mandatum est Gulielmo de Haver∣hull Thesaurario Regis,* 1.15 quod Civitatem London capiat in manum Regis, eo quod Cives ejusdem Civitatis non leva∣verunt, Hutesiam & Clamorem pro morte Magistri Guidonis de Arretio & aliorum interfectorum secundum Le∣gem & Consuetudinem Regni. Teste Rege apud Wendestock, 22 die Augus••i.

4. Quaere Whether an Arrest be lawful, where the cause of the Huy

and Cry be feigned?

Resp. Where Huy and Cry is le∣vied upon any person, the arrest of such person is lawful,* 1.16 although the cause of the Huy and Cry be feign∣ed; and if the Case be feigned, he that levy the same shall also be ar∣rested, and shall be fined, and im∣prisoned. But common fame and voice is not sufficient to arrest a man in Case of Felony unless a Felony be done indeed. vide 5. H. 7.5. a. 21. H. 7.28. a. Cro. 2. part Cox vers. Wirral. Bridgemans Reports Weal ver. Wills. Hobarts Reports Cuddington ver. Wilkings, Searls ver. Stiles, Po∣land ver. Mason. Hitherto of the Governours and Officers, appertain∣ing to the most glorious City of Lon∣don.

Notes

• * 1.1

  C 4. Inst. f 123.
• * 1.2

  4. E. 3. Bar. 102.
• * 1.3

  21 H, 4.21.5 H. 7.6.
• * 1.4

  Kitchin.
• * 1.5

  12 E 4.35.
• * 1.6

  2 E. 4.9.
• * 1.7

  3 H 7.10.13. H. 7.10.
• * 1.8

  38. H. 8. Tit. False Judge∣ment. 6.
• * 1.9

  3 H. 7.1.
• * 1.10

  Kitchin.
• * 1.11

  Co. lib. 5. f 53. Fosters Case,
• * 1.12

  Co. 3. Inst. 116.
• * 1.13

  Co. 3. Inst. 117.
• * 1.14

  Stat. de 1••. E. 2
• * 1.15

  Co. 3: Inst. f. 118.
• * 1.16

  Co. 3 Inst. 118.