The learned readings of Sir Robert Holbourne, Knight upon the statute of 25 Edw. 3. cap. 2, being the statute of treasons : to which is added cases of [brace] prerogative, treason, misprision of treason, felony, &c. / written by the Right Honourable Francis Bacon ... ; and now reprinted for publick benefit.

CHAP. XIX. An Answer to the Question proposed by Sir Alexander Hay Knight, touching the Office of Constables.

TO the first; Of the Original of the Authority of Consta∣bles, it may be said, Caput inter nublia condit, for the Authority was granted upon the Ancient Laws and Customes of this Kingdom, practised long before the Con∣quest, and intended and institu∣ted for the conservation of the Peace, and repressing all manner of disturbance and hurt of the Peo∣ple, and that as well by way of prevention as punishment; but yet so, as they have no Judicial pow∣er,

to hear and determine any cause, but onely a Ministerial power, as in the answer of the seventh Article more at large is set down.

As for the Office of the High Constable, the original of that is yet more obscure; for though the High Constables Authority hath the more ample Circuit, he being over the hundred, and the pety Constable over the Village; yet I do not find that the pety Consta∣ble is subordinate to the High Con∣stable, or to be ordered or com∣manded by him: and therefore, I doubt, the High Constable was not ab origine, but that when the busi∣ness of the Countrey increased, the Authority of the Justices of Peace was inlarged by divers Statutes; then, for conveniency sake, the Of∣fice

of High Constables grew in use for the receiving of the Commands and Precepts from the Justices of Peace, and distributing them to the petie Constables; and in token of this, the Election of High Consta∣bles in most parts of the Kingdom is by the appointment of the Justi∣ces of Peace, whereas the election of the pety Constable is by the Peo∣ple.

But there be two things unto which the Office of Constable hath special reference, and which of ne∣cessity, or at least a kind of congrui∣ty, must precede the Jurisdiction of that Office, either the things them∣selves, or somewhat that hath a simi∣litude or analogy towards them.

1. The one is the division of the Territory, or gross of the Shires in∣to

Hundreds, Villages, and Towns; for the High Constable is Officer over the Hundred, and the pety Con∣stable is over the Town or Village.

2. The other is the Court Leet, unto which the Constable is a pro∣per Attendant and Minister, for there the Constables are chosen by the Jury, there they are sworn, and there that part of their Office which concerneth Information, is princi∣pally to be performed; for the Ju∣ry is to present Offences, and the Offenders are chiefly to take light from the Constables, of all matters of Disturbance and Nusance of the People, which they (in respect of their Office) are presumed to have best and most particular know∣ledge of.