122 Constable v Carlyle

The Court of Chivalry 1634-1640.

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Richard Cust. Andrew Hopper, '122 Constable v Carlyle', in The Court of Chivalry 1634-1640, (, ) pp. . British History Online https://www.british-history.ac.uk/no-series/court-of-chivalry/122-constable-carlyle [accessed 26 May 2024].

Richard Cust. Andrew Hopper. "122 Constable v Carlyle", in The Court of Chivalry 1634-1640, (, ) . British History Online, accessed May 26, 2024, https://www.british-history.ac.uk/no-series/court-of-chivalry/122-constable-carlyle.

Cust, Richard. Hopper, Andrew. "122 Constable v Carlyle", The Court of Chivalry 1634-1640, (, ). . British History Online. Web. 26 May 2024, https://www.british-history.ac.uk/no-series/court-of-chivalry/122-constable-carlyle.

In this section


Marmaduke Constable of Wassand in Holderness, co. York, gent v Francis Carlyle of Brandesburton, co. York

June - December 1640


Constable complained that at Rise in the East Riding of Yorkshire in the summer of 1639 Carlyle gave him the lie several times 'at a publique training day'. Process was granted on 29 June 1640 and Dr Eden presented the libel on 30 October. On 4 December Dr Merrick offered material for the defence, but the case was lost with the suspension of the court's proceedings.

Initial proceedings

5/101, Petition

'Your petitioner and his ancestors have been, and are, descended of an ancient family of gentry and have lived in the like repute and qualitie. Notwithstanding, one Francis Carlile of Bransburton in the countie aforesaid, about a year since, at Ryse in the countie, did in an angry provoking and quarrelsome manner divers and severall times give your petitioner the lye, to the great disparagement and disgrace of your petitioner, being at a publique training day, and divers persons then and there present.'

Petitioned that Carlile be brought to answer.

Maltravers granted process 29 June 1640.

5/100, Plaintiff's bond

1 July 1640

That he was to 'appear in the Court in the Painted Chamber within the Pallace of Westminster'.

Michael Harrison of Kingston-upon-Hull, gent., acting for Carlyle.

Signed by Michael Harrison

Sealed, subscribed and delivered in the presence of John Dynham and Richard Gardman.

5/151, Defendant's bond

16 October 1640

Bound to 'appear in the court in the Painted Chamber within the Pallace of Westminster'.

Signed by William Martyn of Furnivall Inn, London, acting for Carlyle.

Sealed, subscribed and delivered in the presence of John Watson.

Summary of proceedings

Dr Eden and Dr Exton acted as counsel for Constable and Dr Merrick for Carlyle. On 24 October 1640 Carlyle was required to appear in accordance with his bond. On 30 October Carlyle was warned to appear. Dr Eden gave the libel and Dr Merrick was required to respond to it at the next sitting. On 20 November Dr Merrick was required to respond to the libel and Dr Eden and Dr Exton had until the first session of the next term to prove the libel. On 4 December Dr Merrick gave the material for the defence, which Dr Exton challenged and Dr Merrick was required to prove it by the first session of next term.


Philip Constable (c.1584-1618), who was the son of Marmaduke Constable of Wassand (d.1613), was killed in a duel by Edmund Percy on 5 or 15 May 1618. Philip's eldest son was another Marmaduke Constable of Wassand, esq (d.1657). Marmaduke's widowed mother had remarried to John Constable of Catfoss.

J. W. Walker (ed.), Yorkshire Pedigrees (Publications of the Harleian Society, 95, 1943), p. 289; R. Davies (ed.), The Visitation of the County of Yorke begun in 1665 and finished in 1666, by William Dugdale (Surtees Society, 36, 1859), p. 335.

Frances, daughter of a Marmaduke Constable of Holderness, was the third wife of Sir John Rodes of Barlborough, co. Derby, knt.

J. W. Clay (ed.), Familiae Minorum Gentium (Publications of the Harleian Society, 38, 1895), p. 585.


  • Initial proceedings
    • Petition: 5/101 (29 Jun 1640)
    • Plaintiff's bond: 5/100 (1 Jul 1640)
    • Defendant's bond: 5/151 (16 Oct 1640)
  • Proceedings
    • Proceedings: 1/11, fos. 49r-52r (24 Oct 1640)
    • Proceedings before Maltravers: 1/11, fos. 19r-30v (30 Oct 1640)
    • Proceedings: 1/11, fos. 5r-9r (20 Nov 1640)
    • Proceedings before Maltravers: 1/11, fos. 79r-87v (4 Dec 1640)

People mentioned in the case

  • Carlyle, Francis (also Carliell, Carlisle, Carlile)
  • Constable, Frances
  • Constable, John, esq
  • Constable, Marmaduke, gent
  • Constable, Philip, gent
  • Dynham, John
  • Eden, Thomas, lawyer
  • Exton, Thomas, lawyer
  • Gardman, Richard
  • Harrison, Michael, gent
  • Howard, Henry, baron Maltravers
  • Martyn, William
  • Merrick, William, lawyer
  • Percy, Edmund
  • Rodes, Frances
  • Rodes, John, knight
  • Watson, John

Places mentioned in the case

  • Derbyshire
    • Barlborough
    • Kingston-upon-Hull
  • London
    • Furnivall Inn
  • Middlesex
    • Westminster
  • Yorkshire, East Riding
    • Brandesburton
    • Catfoss
    • Holderness
    • Rise
    • Wassand

Topics of the case

  • giving the lie
  • inns of court