servators at the common law, in suppressing riots and affrays, in
taking securities for the peace, and in apprehending and committing
felons and other inferior criminals. It also empowers any two or more
of them to hear and determine all felonies and other offences; which
is the ground of their jurisdiction at sessions, of which more will be
said in it's proper place. And as to the powers given to one, two, or
more justices by the several statutes, that from time to time have
heaped upon them such an infinite variety of business, that few care
to undertake, and fewer understand, the office; they are such and of
so great importance to the public, that the country is greatly obliged
to any worthy magistrate, that without sinister views of his own will
engage in this troublesome service. And therefore, if a well meaning
justice makes any undesigned slip in his practice, great lenity and
indulgence is shewn to him in the courts of law; and there are many
statutes made to protect him in the upright discharge of his
office[t]: which, among other privileges, prohibit such justices from
being sued for any oversights without notice beforehand; and stop all
suits begun, on tender made of sufficient amends. But, on the other
hand, any malicious or tyrannical abuse of their office is sure to be
severely punished; and all persons who recover a verdict against a
justice, for any wilful or malicious injury, are entitled to double
costs.

[Footnote t: Stat. 7 Jac. I. c. 5. 21 Jac. I. c. 12. 24 Geo. II. c.
44.]

IT is impossible upon our present plan to enter minutely into the
particulars of the accumulated authority, thus committed to the charge
of these magistrates. I must therefore refer myself at present to such
subsequent parts of these commentaries, as will in their turns
comprize almost every object of the justices' jurisdiction: and in the
mean time recommend to the student the perusal of Mr Lambard's
_eirenarcha_, and Dr Burn's _justice of the peace_; wherein he will
find every thing relative to this subject, both in antient and modern
practice, collected with great care and accuracy, and disposed in a
most clear and judicious method.

I SHALL next consider some officers of lower rank than those which
have gone before, and of more confined jurisdiction; but still such as
are universally in use through every part of the kingdom.

IV. FOURTHLY, then, of the constable. The word constable is frequently
said to be derived from