A History of Police in EnglandLee, W. L. Melville (William Lauriston Melville)
History
A History of Police in England
Lee, W. L. Melville (William Lauriston Melville)
Police -- England
Careful investigation into the origin and precise nature of the
petty constable's office has failed to set finally at rest the many
discussions that have arisen from time to time, and has left some minor
points still obscure; the essentials, however, are sufficiently clear
for the purposes of the present inquiry.
The word "constable" was imported by the Normans, but its etymology is
not quite certain; formerly it was said to be derived from "Conning,"
a king,[56] and "Stapel," a stay or prop, and to signify "the king's
right-hand man," but this is an unlikely solution, because the
invaders despised the Anglo-Saxon language, and would not use a word
which was partly derived from that tongue. Latterly the derivation
"Comes-stabuli," meaning an Equerry or Master of the Horse, has been
generally accepted as correct. In England the title has been applied to
a variety of functionaries, some high and some low, who had little in
common beyond the fact that they all owed their authority to the Crown.
The first mention of petty constables occurs in 1252, in a writ of
Henry III. for enforcing watch and ward. This writ provides for the
employment of these officers in parish and township, but it is more
than likely that the office was not then a new one, because the word
"constable" is there used without any explanation being added, and
it may therefore be assumed that its meaning was a matter of common
knowledge.
The Statute of Winchester, it will be remembered, ordained that there
should be two constables in each hundred, to carry out the inspection
of arms; these officers were probably connected with the Militia, and
were closely allied to, if not identical with, the High Constables
of later date; in any case they must not be confused with the petty
constables, who, according to Blackstone, were so called when they
added the duties of assistants to the High Constable, to their ancient
business of keeping the peace, and who, as Lambard explains, were
modified tythingmen; "when there be many tythingmen in one parish,
there only one of them is a constable for the king, and the rest do
serve but as the ancient tythingmen did."
The transition from the Anglo-Saxon tythingman to the petty constable,
that is to say, from the chief frankpledge to the Justice's assistant
was very gradual, and it is impossible to determine a rigid boundary
line between the two. All we can say is that the term "constable" was
introduced as early as the year 1252, and that the term "tything man"
continued to be occasionally made use of down to the beginning of the
nineteenth century: that first and last the offices were in effect
the same does not admit of doubt, both were primarily _ex officio_
guardians of the peace, and when the tything man came to be commonly
called "constable," it does not follow that the change marked the
creation of a new office.
Public-domain text, read in full here on John Shaqi.
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