The office of constable was introduced into British common law following
the Norman invasion of the British Isle in 1066
A.D. The Constable was one of many political institutions introduced
into English Law by the Norman conquerors whose
"Constables" or "Count of the Stable" eventually evolved into the intitution
we know today.
Originally, the Constable was responsible for keeping the militia and
armaments of the king, and those of the individual
villages, in a state of preparedness for the protection of the village
communities throughout England. The office eventually
became an integral arm of the military throughout Britain. During the
reign of King Stephen, the office of Lord High
Constable was established, and those who filled this position became
the King's representatives in all matters dealing with
the military affairs of the realm and the overseeing of the King's
castle.
In 1285, the first written records establishing the position of Constable
appeared in the Statutes of Winchester under the
rule of Edward I. According to the Statutes "in every hundred and franchise
two constables shall be chosen to make the
view of the armor." But even earlier records exist which give evidence
of the Constable's internal peace keeping
responsibility and his closeness to the king himself:
Henry King of England and duke of Normandy and Count of Anjou son King
henry to William Velud greeting. I forbid
you unjustly to molest or to have molested the monks of Horton concerning
the land of Huntbourne....And unless you do
it the keeper of the constablewick of saltwood shall have it done....
This reference to a "constablewick" (custos constablilie) indicates
that the king had direct contact through his writs to the
constables then operating in Britian.
The constable, then, seems to have been cloaked in a number of roles
under the reigns of the early Norman kings. He was
in charge of military affairs for the king throughout his realm and
served as an enforceing agent of the king's writs. This
combination of duties reflect the medieval charachter of the office
when feudal government and its political institutions
spread throughout Britain to assure that peace was maintained even
in the remotest corners of the country far from the
King's protection. During the Tudor period (Henry VIII to Elisabeth
I) the constable still maintained his position as a
military representative of the monarch. His duty was "to prepare the
muster of his district which the constable of the Shire
would embody in the array of the country to be in turn marshalled in
the army of the realm by the high constable of
England."
Local settlements in England depended on constables to assure the maintenance
of the peace. Election of petty constable
as established under the reign of Edward became the basis for local
control of the "king's peace."
In a manner similar to their English counterparts the new American constable
had his roots in the military aspects of the
community at least in New England. the constable of the early New England
settlements bore many of the same duties and
responsibilities of his counterparts in England. He was the keeper
of the peace and a marshal of the early militias,
established to protect the village in which he was administrator. By
common law tradition, the constable was the primary
official in the community and a community was not recognized as an
established village or parish unless a constable was
present in the community.
Constables in the newly forming colonies of America brought with them
some of the trappings of the English constable.
But the duties of the office were not consistent in all areas of the
American colonies. In 1634 Joshua Pratt was chosen
constable in Plymouth. Among his duties were the carring out of any
punishments meted out by local tribunals, sealer of
weights and measurements, surveyor of the land, responsibility for
announcing any forthcoming marriages in the
community, and delivery and execution of all warrants. While many duties
were delegated to officials other than the
constable, in general the constable was responsible for the "Watch
and Ward", the Ward during the day, and the Watch
at night in order to keep the community peaceful. The New England settlers
went as far as to appoint Indian constables
each holding office for a year and responsible for overseeing nine
other Indians under his command, and was obligated to
report to appropriate officials any acts of misconduct.
The constables of the New England colonies bear great resemblance to
the constables of Pennsylvania. Originally,
Pennsylvania was part of the holdings of the Duke of York whose strict
system of laws was administered by constables
throughout his holdings. Later, under King Charles II land was granted
within the Duke's realm to William Penn. Under
Penn's governance, he and his functionaries chose constables during
the early organization of the colony. Unlike their New
England counterparts they were not appointed to oversee individual
communities, but were appointed to hold governance
over a particular geographic region. Later on with the incorporation
of townships and boroughs provisions were made for
the election or appointment of constables within those districts.
The role of the constable in any particular area in Pennsylvania depended
largely on the form of municipal government in
that particular area. In the township or ward, the constable's duties
were established and uniform from one township or
ward to the next. Constables in townships and wards were chosen annually,
and on the same day as the selection of other
local officers. The names of the men chosen to be constable by the
electorate were then submitted to their governing court
of Quarter Sessions. The man chosen by the local electorate was then
sent to the Court of Quarter Sessions where his
eligibility was determined by the Judge of that court.
Among other things, the candidate had to have a freeshold estate of
the value of at least $1,000. Those candidates chosen
for the office in the township or ward were required by law to make
an appearance before the Court of Quarter Sessions
in order to accept the office and wait for Judge's determination eligibility.
If the man selected did not attend the court at
the prescribed time, he was fined forty dollars. If he declined to
serve after electiion he was penalized sixteen dollars.
Constables of towns, wards or townships were cloaked with the duties
of local peacekeeper. They were required to
maintain the peace, execute all warrants directed to them by the local
justice and to assure that no unruly crowds were
allowed to gather. If while in office any constable refused to perform
his duties heavy fines were provided for in law.
While the office of constable was fairly uniform within towns, townships,
and wards, the duties of the constable were not
uniformly established in the borough system in the colony of Pennsylvania.
In the Borough of Bristol, established in the
early eighteenth century, the constable aside from all his peace-keeping
duties was also clerk of the market, and in
addition, regulated the sale of bread, wine, beer, and wood. In Lancaster
and Carlisle boroughs the constable along with
the burgess and their assistants were permitted to convene town meetings,
to pass local ordinances and levy fines.
By 1830 with the establishment of police forces in many of the larger
municiplities in Pennslyvania the dutes and powers of
the constables began to erode, out of disuse (not by statue), in many
of the larger cities.
By 1873 constables were given uniform powers throughout the state. The
newly passed revision of the Pennsylvania's
constitutiion called for a regularization of all laws dealing with
borough government. Constables of the boroughs of
Pennsylvania were now given uniform authority to make arrests on view
as their counterparts in towns, townships and
wards were allowed to do.