History of Constables
The oldest law enforcement position in the world may be the position of Constable. The Constable position originated in the Eastern Roman Empire. History shows Constables in France at the beginning of the 5th century, where they were known as “Counts of the King’s Stables” and later became known as “Counstables”. The position was usually a person of noble birth. The office of Constable was introduced into England following the Norman invasion of the British Isles in 1088 A.D. and in 1215 the Magna Carta established Justice Courts with “constables”.
By 1765 in England Constables were to arrest lawbreakers, collect taxes, serve civil and criminal papers, and examine the account books of apothecaries. The position of Constable came to America with the establishment of the Plymouth Colony in 1620 and their responsibility was to enforce orders of colonial and county officials in both civil and criminal matters. The position slowly spread throughout the American colonies with the general duty of Constables to “keep the peace”.
Constables in Texas
Constables were the first law enforcement officers in Texas when in 1823 Judge Tumlinson notified Stephen F. Austin he had appointed Thomas Alley a “Constable” with the duty to “summon witnesses and bring offenders to justice”. With the establishment of the Republic of Texas and the Texas Constitution of 1836 the position of Constable was formally established. Constables became “Constitutional Officers” who were elected. When Texas became a state the position of Constable continued with the duties of suppressing riots, unlawful assemblies, keeping the peace, and arresting offenders and bringing individuals before the Justice of the Peace. Constables were the most active law enforcement officials in many counties during the early statehood of Texas. In 1876 it was established a Constable would be elected to serve a small area of a county known as a “precinct” which has continued to present day.
Texas Constables Today
Constables continue to be constitutionally authorized peace officers who have the same arrest powers and duties as Sheriff and municipal police officers and who also have the responsibility of executing civil process for the Justice, County, and District courts. Currently Texas has 666 elected Constables serving in 254 counties. Generally a Constable is elected for each precinct in a county with a county having a minimum of one and a maximum of eight precincts. The number of precincts a county has is determined by the population of the county according to the most recent federal census. Constables can employ a deputy(s) to assist in fulfilling the duties and responsibilities of the Constable. In Texas the majority of the Constable Offices are staffed by just the elected Constable. In large counties, such as Bexar and Harris counties, the Constable Office can have from 30 to as many as 500 deputies and are a valuable addition to the other law enforcement agencies in those counties.
Kendall County Constables
Kendall County currently has four Constables who serve the four Justice of the Peace Courts in Kendall county.
Since Kendall County has a relatively small population the Kendall County Constable Offices currently do not have any deputies at this time. With the establishment of the 451st District Court and the tremendous growth being experienced in Kendall County it appears in the future there will be a need for the addition of Deputy Constables to assist in the service of civil process, execution of criminal warrants, and traffic enforcement within the County.
Kendall County Constables daily duties include service of legal papers and orders to include Summons, Writs of Attachment, Writs of Possession, Writs of Execution, Writs of Garnishment, Writs of Sequestration, Distress Warrants, Orders of Sale, Subpoenas, Tax Suits, Eviction Notices, Truancy Notices, Foreclosures, Restraining Orders, and Hearing Notices from Justice, County, and District courts. Constables periodically conduct investigations required in the service of civil process or in locating individuals for arrest on criminal warrants. Constables are also responsible for the safe keeping of property seized under court order and the sale of such property as directed by the Court.
One of the most important duties of the Kendall County Constables is the security of the Justice of the Peace court in their respective precinct. Duties in this area include providing security when the court is in session, summoning jurors, transporting prisoners, and Justice of the Peace personal security. Finally Kendall County Constables patrol their respective precinct for crime prevention, traffic enforcement and providing assistance to other law enforcement agencies. Kendall County Constables focus on being “Community Oriented Police” as much as possible.
Kendall County Constables continually attend professional civil process and criminal law enforcement training in order
to stay current with local, state and federal laws. Attending professional training is essential in fulfilling the duties and responsibilities required to be performed by Constables in today’s ever changing world.