Every thing that can heighten in any degree the respectability of the office of Constable, adds to the security of the State, and the safety of the life and property of every individual.
Under such circumstances, it cannot be sufficiently regretted that these useful constitutional officers, destined for the protection of the Public, have been (with a very few exceptions) so little regarded, so carelessly selected, and so ill supported and rewarded for the imminent risques which they run, and the services they perform in the execution of their duty.
The common Law, as well as the ancient Statutes of the kingdom, having placed extensive powers in the hands of Constables and Peace Officers;—they are, in this point of view, to be considered as respectable;—and it is the interest of the Community, that they should support that rank and character in society, which corresponds with the authority with which they are invested.—If this were attended to, men of credit and discretion would not be so averse to fill such situations; and those pernicious prejudices, which have prevailed in vulgar life, and in some degree among the higher ranks in Society, with regard to thief-takers, would no longer operate; for it is plain to demonstration, "that the best laws that ever were made can avail nothing, if the Public Mind is impressed with an idea, that it is a matter of infamy, to become the casual or professional agents to carry them into execution."
This absurd prejudice against the office of Constable, and the small encouragement which the major part receive, is one of the chief reasons why unworthy characters have filled such situations; and why the public interest has suffered by the increase of crimes.
The office of Constable is as old as the Monarchy of England;—and certainly existed in the time of the Saxons.[99]—The law requires that he should be idoneus homo: or in other words, to have honesty to execute the office without malice, affection, or partiality; knowledge to understand what he ought to do; and ability, as well in substance or estate, as in body, to enable him to conduct himself with utility to the public.
The Statute of Winchester, made in the 13th year of Edward the First (anno 1285) appoints two Constables to be chosen in every Hundred; and such seems to have been the attention of the Legislature to the Police of the Country at that early period of our history, "that suspicious night-walkers are ordered to be arrested and detained by the watch."[100]
The Statute of 5 Edward III. cap. 14, (anno 1332) empowers Constables "to arrest persons suspected of man-slaughter, felonies, and robberies, and to deliver them to the Sheriff, to be kept in prison till the coming of the Justices:" and another Act of the 34th of the same reign, cap. 1, (made anno 1361,) empowers Justices, (inter alia) "to inquire after wanderers, to arrest and imprison suspicious persons, and to oblige persons of evil fame to give security for good behaviour; so that the People may not be troubled by rioters, nor the peace blemished; nor Merchants and others travelling on the highways be disturbed or put in peril by such offenders."
By the common law, every person committing a felony may be arrested by any person whomsoever present at the fact, who may secure the prisoner in gaol, or carry him before a Magistrate,[101]—and if a prisoner thus circumstanced, resists and refuses to yield, those who arrest will be justified in the beating him,[102] or, in case of absolute necessity, even killing him.[103]
In arresting persons on suspicion of a felony, actually committed, common fame has been adjudged to be a reasonable cause.[104]
There are four methods, known in law, by which Officers of Justice, as well as private individuals, may arrest persons charged with felony.—1. By the warrant of a Magistrate.—2. By an Officer without a warrant.—3. By a Private Person without a warrant.—And 4. By Hue-and-Cry.[105]