Archeion, or, A discourse vpon the high courts of iustice in England. Composed by William Lambard, of Lincolnes Inne, Gent

The Constables Court, and whence the Name.

THe Court of the Constable, or Marshall of England, determi∣••eth Contracts touching deeds of ••rmes out of the Realme, and ••••ndleth things concerning Warre ••ithin the Realme, as Combats, Bla∣••••n, Armorie, &c. but it may not ••eale with Battaile in Appeales, nor ••enerally with any other thing that ••ay be tryed by the Lawes of the ••and.

And albeit that Britton (whose ••urpose was only to set forth the ••ourts whereof there was common ••se) hath not numbred it among ••••e Courts of that time, yet I doe ••••rily beleeve, that it came hither ••ith the Conqueror out of Norman∣••••e: for amongst other Lawes of his, ••••is is one.

That if a French man doe appeal an English man of perjurie or mu••¦der, the French man may defend him¦selfe by Battaile, which was the•• termed in English, Ernest; a wor•• that we keep yet, saying, when we see a man fight, hee is an Ernest. And forasmuch as the thing it self•• was then (and never before) pe••¦mitted by Law, it is to be granted that there was even then also som•• Officer who had the charge to se•• it performed according to Law, who no doubt was the Constable, as 〈◊〉〈◊〉 may well appeare, not onely by some Records of Historie, but also by a speciall President that I have seen•• concerning the whole order of pro¦ceeding in that behalfe before him this man also had the name of Con¦nestable, as Iohannes Tullius thinketh of the Latin word Comestabilis, qu•••• comes stabuli, that is, Archippocomes•• or the Master of the Horse, as we••

speake: but as Iohannes Goropius af∣••••rmeth, the word Constable (or ra∣••her Conning stable) is derived of ••onning, that is to say, a King, and ••f Stable, which signifieth a Proppe, ••r Stay; because the Constable (being 〈◊〉〈◊〉 principall Personage neere unto ••he King) is a great stay and aid un∣••o him.