History of the Constable and Contemporary Duties of the Constable
Say the word, "POLICEMAN," and most people have a pretty good idea of what you are talking about: uniforms, sirens, red lights, traffic tickets, handcuffs, and TV shows like "COPS" or "Law & Order." Say the word, "SHERIFF," and they are still pretty sure of themselves: big western hats, boots, star badge, citations, subpoenas, lots of newspaper coverage, and also seen on TV shows. But say the word, "CONSTABLE," and the meaning of the word to most people becomes...HAZY. It conjures up images of England or Sherlock Holmes. Voters know that people campaign for the office of Constable. They know it is a modern day office which performs some type of function: "BUT WHAT DO THEY DO?" Most people are either misinformed, or have no idea what the Constable does. For example, Webster's Collegiate Dictionary defines the Constable in four (4) ways:
- A High Officer of medieval royal or noble household;
- Governor of a Royal Castle or a fortified town;
- A public officer responsible for keeping the peace and for minor judicial duties;
- A British Policeman.
The origin of the Constable begins in the Eastern Roman Empire in what is now France "Comes" was defined as an Officer and Count, "stabuli" was defined as an Officer of the Stable, Chief Equerry, or Marshall, generally of the "stabulum", stables; therefore, the "comes stabuli" was referred to as "Count of the Stable," or "Constable". During that period of time, the Constable was chief officer of the King's household or court and often acted as commander-in-chief of the army, second only to the King. He was the highest judge in military offenses. As a result, the Constable was the supreme arbitrator in martial displays and tournaments.
In England, Constables were mentioned as early as 871 A.D. and were appointed by the Norman kings to head military districts that were created when Great Britain was conquered. The functions of the Constable then were to preserve great tracts of forest for the King's hunting and the compilation of a detailed census or accounting of all land, cattle, etc.
Later Constables were given law enforcement duties that included bringing the armed forces of the local communes together for the "defense of the kingdom... and the preservation of peace against foreigners and other disturbers of the peace." In 19th Century England,"Scotland Yard" was created as a new law enforcement agency which was made up of 17 superintendents, 68 inspectors, 323 sergeants and 2,906 constables. It may interest you to know, that the nickname: "Bobbies" of the London Constables, came from the name of Sir Robert "Bobby" Peel who enacted legislation to create "Scotland Yard."
When Early America was settled by English colonies, it only made sense for the settlers to follow the form of government they knew best...the normal English system. This is how the office of the Constable was introduced to the U.s.At that time, Constables had the power to levy and collect taxes as well as enforce the orders of colonial and county officials in both civil and criminal matters.
As time went on and America came under self rule, the Constable garnered more law enforcement power and at one time was responsible for the peace of the City of New York in 1801 and the enforcement of all State laws and ordinances of the municipal corporation.
In the early history of Texas, Constables were the law enforcement arm, along with the Sheriff, in the Colonies lead by Stephen F. Austin with the consent of the Mexican government. At that time, as they are today, the Constables were elected by popular vote.
Current duties of the Constable are to preserve the peace and good order of their precincts, and other precincts within the county, and to arrest, where authorized by the provisions of the Code of Criminal Procedure, offenders against the penal Laws of the State of Texas , taking them without delay before the proper Magistrate or Court to be tried. And also, to interfere without warrant to prevent and suppress crime in their precincts, and other precincts within the county, and arrest offenders without warrant in order that they may be taken without delay to a Magistrate or proper court for examination or trial.
Other duties are to execute and make return to the proper court according to law: Arrest Warrants, Search Warrants, Witness Attachments, Criminal Subpoenas, and all other criminal process, writs and precepts, lawfully directed to the Constable by any Justice of the Peace, County Court, or District Court.
On the civil side, the Constable is to execute and make return to the Proper court according to law all Civil Citations, Writs of Sequestration, Distress Warrants, Small Claims Citations, Writs of Attachment, Writs of Garnishment, Writs of Possession, Subpoenas, Forcible Entry and Detainer Citations (a.k.a. Eviction Citations), Writs of Execution, and all other civil process, writs, and precepts, lawfully directed and delivered to them by any Justice of the Peace, County Court, or District.
The Constable also attends all sessions of Justice of Peace Courts held within their own precinct, and performs all such duties as may be required of a Constable or Deputy Constable, by law.
In other words, the job of the Constable deals mainly with civil litigation but the Constable and his Deputy Constables are fully licensed peace officers trained and ready to deal with any type of criminal activity in the precinct.
The Constable is indeed "The People's Police Officer"