F. N. B. 81.d.
Justices of the Peace.
The Sheriff, by the Common Law, is a principal Conservator
Peace in every place within his County. And (upon request to him
he may command another to find Surety of the Peace, and may take the
same Surety by Recognizance, and that ex Officio, and without any
of Supplicavit to him directed: ' and this seems to be by
virtue of his
' Commission, which saith Commisimus vobis custodiam Comitatus, &c.
Cr. Judges 11 &c. Recogn. 5, 14, 16, & 18.
| §. 6.
| Coroners also (by the Common Law) are Conservators
of the Peace
within the county where they be Coroners: but they (as also all other
the Conservators of the Peace by the Common Law) have power for the
keeping of the Peace only as the Constables have at this day; to wit, they
' may take Surety for the Peace by Obligation. Vide hic infra,
3 E. 4 9.
' & 10 E 4. & tit. Forcible Entry, &c. Cromp.
| §. 7.
|| The High Constables of the Hundreds are Conservators
of the Peace
within their several Hundreds and Limits by the Common Law. Cromp.
& 222. 12 H. 7. fol. 18.
|| And therefore these High Constables, at their petty
Sessions, for any
Affray made in disturbance of their Court, may imprison the Offenders.
Co. 11 43.44.
| Every petty Constable within the limits of their
several Towns are
Conservators of the Peace (at the Common Law) by virtue of their Office.
Vide tit Affray and Forcible Entry.
|| And these petty Constables may do what they can
to keep the Peace;
but they cannot take Surety of the Peace at the request of any man.
' ex Officio they may cause such as in their presence are about
to make an
' Affray, to find Sureties to keep the Peace; and that as well before the
' Affray, as after. See Cromp. 6. &. 222, &
12 H 7. fol. 18.a. & hic postea.
|| There be other Officers of much like Authority to
our Constables: As
the Borsholders in Kent; the Thirdborough in Warwickshire;
and the Tithing-man,
and Borowhead, or Headborough, or Chief pledge in other places.
But yet the Office of a Constable is distinct and as it seemeth is of more
and greater authority and respect than these other; as you may see by the
Statute of 39 Eliz. 4. where the Tithingnman or Headborough is to
assisted in the punishment of Rogues with the advice of the Minister and
one other of the Parish, whereas the Constable alone of himself, as well
as the Justices of the Peace may appoint or cause Rogues to be punished.
And M. Lambert of the duty of Constables, pag. 51, &c.
where he seemeth
to hold that these Borsholders, Thirdboroughs, Tithing-men, Headboroughs,
and other such, being in any Town or Parish where a Constable
is, those other cannot meddle, because Constables be (in comparison of
them,) Head Officers, and that the Tithing-men, &c. are but as Assistants
to the Constable in all Services of his Office when the Constable is present,
and in his absence, then those other to attend the Service; and that there
are many other things which the Constables may do, and wherewith the
Borsholders and the rest cannot meddle at all. And yet in Towns where
there be no Constables, and that the Borsholders, Thirdboroughs, Tithing-men,
Headboroughs or such other, be there the only Officers for the Peace;
as also in such cases where the power or authority of the Borsholders,
is declared to be equal with the power of the Constable; in all such cases
and things their Office and Authority are in a manner all one. See
1 Jac. cap. 7 & Lambert Office del' Const. 4, 6,
|| ' There be also divers Statutes which do
appoint Offenders to be punished
' by the Constable or other inferiour Officer. Now who be these Inferiour
' Officers, if not the Tithing-men, &c.