(2): The constable.

Portions of certain counties were exempted from the sheriff’s bailiwick. Districts afforested were administered by wardens, assisted by verderers, who excluded the sheriff and coroners; while royal fortresses, together with the land immediately surrounding them, were under command of officers known indifferently as castellans or constables. The offices of warden of a particular forest and warden of an adjacent royal castle were frequently conferred on the same individual. Indeed, chapter 16 of the Forest Charter of Henry III. seems to use the term “castellans” as the recognized name of forest wardens, whom it forbids to hold “pleas of the forest.”

The name constable has at different periods been applied to officers of extremely different types. The King’s High Constable, a descendant of the horse–thegn of the Anglo–Saxon kings, was originally the member of the royal household responsible for the King’s stables. At a later date, he shared with the Earl Marshal the duties of Commander–in–chief. The name of constable came to be applied also to commanders of small bodies of troops, whether in castles or elsewhere. At a later date the word was used in connection with duties of watch and ward: each hundred had its high constable and each village its petty constable in the fourteenth and fifteenth centuries. The name is at the present day, confined to members of the police force.

The word, as used in Magna Carta, denoted the captain of a royal castle. Such an office was one of trust; and wide powers were conferred upon its holder. He acted as gaoler of prisoners confided to the safe–keeping of his dungeons. He had authority, under certain ill–defined restrictions, to take whatever he thought necessary for provisioning the garrison—a privilege the exercise of which frequently led to abuses, guarded against by chapters 28 and 29 of Magna Carta. He had also, to a limited extent, judicial authority. Not only did he try pleas for small debts to which Jews were parties, but he enjoyed a jurisdiction over all petty offences committed within the precincts of the castle, analogous to that of the sheriff within the rest of the county. The power of trying and punishing misdemeanours was not taken away by the Great Charter, and was confirmed by implication in 1300 by a statute which directed that the constable of Dover Castle should not hold, within the castle gate, “foreign” pleas of the county which did not affect “the guard of the castle.” The Articles of 1309 complained that constables of the King’s castles took cognizance of common pleas. In the reign of Henry IV. complaint was made that constables of castles were appointed justices of the peace, and imprisoned in one capacity the victims they had unjustly condemned in another. This practice was put down by statute in 1403.

It would appear that at an earlier period the constable of the hundred sometimes acted as deputy–sheriff. Chapter 12 of the Assize of Northampton provided that when the sheriff was absent the nearest castellanus might take his place in dealing with a thief who had been arrested. His interference outside his own precincts must, however, have been regarded with great jealousy, and the coroners, after their appointment in 1194, would naturally act as substitutes during the sheriff’s absence.