The History of the Most Noble Order of the Garter

§. 1.

We come now to treat of the Election of a Knight into the Order, according to the Statutes of Institution, which Ordains, That whensoever any Knight-Companion happens to depart this Life, The Sovereign (or his Deputy) after certain Notice had thereof, should forthwith by his Letters, Summon all the Knights-Companions then within the Realm (who were able to come) to meet him within Six Weeks after such Notice, in what convenient Place soever he pleased to assign for the Electing a new Companion into the Society. Thus did the Law of this Most Noble Order, in case of Death, and to prevent Vacancies, at first provide; wherewith we evidently find the Practice of elder Times did punctually concur: For as soon as Garter, in Discharge of his Duty, had made Certificate to the Sovereign of a Knight-Companion’s Decease, or otherwise to the Register of the Order, all fitting Diligence was used to fill up the vacant Stall, within the Space limited by this Statute, or immediately after, and for the quicker Dispatch, Letters of Summons were issued to the Knights-Companions, to give personal Attendance at the Election. In an ancient one upon the Death of Sir Henry Fitz Hugh, Knight-Companion, Temp. Henry V. these particulars were no less pursuant to the Statutes, than worthy Observation.

“I. The Day whereon the defunct Knight-Companion died is therein set down.

“II. Direction is given for celebrating Masses, according to the Tenor of the Statutes.

“III. Intimation that a Stall is become void by the Knight’s Decease.

“IV. The Law of the Order vouched, which appoints an Election of another Knight within six Weeks after Certificate made of the Death of the former, to avoid as much as may be an interval in Succession.

“V. The Sovereign’s Power asserted where he sees Cause to Prorogue the Election.

“VI. An Injunction to attend personally at the Election, under a Penalty express’d in the Statutes.

“VII. The Day, Place, and Hour for Appearance is with certainty appointed, to the End all might Accommodate themselves to be present.

“VIII. The End of coming is mention’d with full Disposition and Preparation to perform what the Statutes in this Case requir’d.

“IX. Lastly, Direction is there given to the Knight summoned, that in case his coming to the Chapter was impeded, he should certifie the Reason of his Default against the time of his Appearance, of the Validity whereof the Sovereign was to be sole Umpire.”

And generally of these Topicks, and to this Purport were the Letters of Summons in succeeding times composed.

The before-mention’d Branch of the Statutes of Institution hath been sufficiently enforced by Incorporating it into the Statutes, temp. H. V. and H. VIII. nor hath it since undergone any Alteration; howbeit some further Addition and Explanation were annexed to them, 21 Jac. I. at a Chapter held at Windsor the 24th of April that year, where it was decreed, That the Sovereign being advertised of the Death of a Knight-Companion, the Knights-Companions remaining at Court should move him to declare his Pleasure whether he would that Letters should be sent to all the Knights-Companions within the Realm to attend his Person for the Choice of a new Knight, at a Day by the said Sovereign appointed, according to the ancient Statutes of the Order, or be pleas’d to defer the Election until the Feast of St. George, at what time Elections have been most usually made; and according as he resolv’d in what Place it should be, so it ought (by Letters directed to the Knights-Companions within the Realm) to be made known unto them.

This Deferring, or Prorogation of the Election, was no new thing, tho’ not indulged by the Statutes, or declared Law, before this 21 Jac. I. as is evident by the Letter of Summons sent after the Death of Sir Robert D’Umfrevil, Knight Companion, temp. H. 4. wherein Notice is taken of the Limitation given by the Statutes, after Certificate of Death, viz. Six Weeks, within the Space whereof a new Election was to commence; yet where a Chapter for Election could not conveniently be summoned within that limited Time, it was sufficient if the Soveraign declared as he did in the said Placart and entered in the Black Book, That being then involved in other Business, he could not well attend this Affair, and therefore deferr’d the time for Election, unto the Eve of St. George next following.

But of later Date, this formal Way of Summons by Letter, hath been discontinued, and only remained to such as are remote, and warned only by a verbal Message. For the Chancellor of the Order having consulted the Soveraign’s Pleasure, as to the Day and Place, usually acquaints Garter therewith, who thereupon goes immediately to the Knights Companions then at Court, and desires their Attendance at the Chapter, according to the Soveraign’s Designation.

And here it is to be remarked, that no Knight Elect ought to be summoned to a Chapter of Election, or are rendered sufficient of giving their Votes therein, until they be compleatly installed, either in Person, or by Proxy. Nor indeed did any Necessity intervene, or require it till the late rebellious times, when the Castle of Windsor being Garrison’d by the Parliament’s Forces, it was not possible for the Duke of York and Prince Rupert, to take Possession of their Stalls, as the Law of the Order enjoined. Therefore the then Soveraign, whose Right it is, did, 17 Jan. 1644, dispense with their Installations in St. George’s Chapel, for the present, and invested them with the Privileges of the Order, among which the Power of voting in Chapter, was one: Provided those Princes should first take the Oath given at Installations, and afterwards perform the accustomed Ceremonies, so soon as it should be thought convenient, and the Castle was restored to the Possession of his Majesty. In compliance to which Proviso they both then took the Oath, and on the Eve of the first Feast of St. George after the Restoration, the Duke was installed; and on the Eve of the second Feast, 15 Car. 2. by the Earls of Northumberland and Berk-shire; and the Prince by the Duke of Albemarle and Earl of Lindsey.

§. 2. The Place of Election.] But at what time soever the Ceremony of Election is purposed, the same ought to be Celebrated in Chapter, (for so is the Assembly of the Sovereign and Knights-Companions call’d, where or whensoever conven’d) whether at the Solemnity of St. George’s Feast, the ordinary or most accustom’d Time, or on other Days specially set apart by the Sovereign; and when the Sovereign thinks fitting in the Interval of Feasts, to elect any Foreign Prince or other Person, Stranger or Subject, he often transacts it in peculiar Chapters called to that purpose, and then appoints both Day and Place, having that Prerogative. Some few Examples both of pristine, and of late Time, make it manifest and apparent.

But for the most Part since the Beginning of Queen Elizabeth’s Reign, Whitehall, the Sovereign’s almost constant Court and Abode, hath been the usual Place whereunto all the Knights Companions have been specially Summon’d, and peculiar Chapters assembl’d for Election in the Intervals between the Vacancy and St. George’s Feast. However, while King Charles II. was in Exile, and wanted the compleat Number of Knights to constitute a full Chapter, he was necessitated not only to dispence with the Ceremony of Election in Chapter, but also in supplying the Defect of a Scrutiny, by making his own Election; yet after his Restoration, Whitehall recover’d her wonted Honour, and April the 1st. 13 Car. II. at a Chapter call’d and held in the Bed-Chamber there, the Duke of Richmond, the Earls of Lindsey, Manchester, and Strafford were elected.

§. 3. In the next Place we are to consider what Number of Knights-Companions ought to be assembl’d to make up a compleat Chapter of Election.

By the Statutes, there should be Six in Number at the least, besides the Sovereign or his Deputy; the due observance of which hath been so strict formerly, that Elections have been deferr’d where Chapters have been deficient in that Number; for Proof of which, the Duke of Gloucester, Ann. 9 Hen. VI. then Deputy to the Sovereign (at that Time in France) for Celebrating the Feast of St. George at Windsor, forbore to proceed to Election, because the Number of Knights-Companions there assembled was less than the Statutes requir’d. And Ann. 10 Hen. V. no Election was Solemniz’d, tho’ one Stall was void by the Death of the Lord Clifford, and probably for that reason; for the Earl of Bedford, then the Sovereign’s Deputy, had but three Knights present with him, Ann. 22, or rather 23. Humphry Duke of Bucks being deputed to celebrate the Feast of St. George at Windsor, altho’ there was at that Time four Stalls vacant, yet did no Nomination pass; one reason, because there was not present a sufficient Number to compleat the Election. So when the same King celebrated the Grand Feast personally at Windsor, Anno 31. Regni sui, having but three Knights attending him thereat, the Election was Prorogu’d for the very same Reason; in like manner 32, 33 and 34 Hen. VI. the Elections were retarded, for at the first of them there were present but two Knights-Companions, besides the Sovereign’s Deputy; and at the Two last but four, besides the Sovereign, tho’ the Registrum Cartaceum, Ann. 33. names five by adding the Duke of Somerset. At the Feast of St. George celebrated at Windsor, A. D. 1471. Temp. Edw. IV. the Sovereign fully resolving to Constitute an Election, and having but five Knights-Companions present, Calys, Pursuivant at Arms, was dispatch’d to London for Sir John Astley to repair thither and compleat the Chapter, rather than violate the Laws of the Order. January the 31st. 21 Car. II. being design’d for the Election of Christopher Duke of Albemarle, and there being Conven’d but five Knights at the Chapter, the Election was put off ’till the Third of February following, at which Time a proportionable Number of Knights being present, his Election receiv’d their Approbation.

§. 4. Yet in cases of Necessity only, and to illustrate the Power and Prerogative of the Sovereigns, where the Exigency requires it, tho’ not to be made use of where there is a possibility to perform the Rules and Injunctions of the Statutes, the Sovereigns for divers Reasons, have been induced to dispence with this Branch of the Statute for want of a plenary Number to compleat a Chapter. And the first Liberty observ’d herein, was made use of by King Henry VIII. Ann. 26. Regni sui, who upon the Death of the Lord Montjoy, very speedily assembl’d a Chapter at Whitehall, where no more than five Knights-Companions being present, the Absence of the rest were excus’d by special Grace and Favour, and the Injunction of the Statute (as the Annals subjoin) concerning the Number of Nominators, were by the same Clemency dispenc’d with, because of the Exigency of the Time and Place, and immediately upon taking a Scrutiny, James V. King of Scotland was elected into the Fellowship of this illustrious Order, but from that Time to the Rebellion, there occurs not any thing of this Nature; but the Wickedness of those Days created new Exigencies and Projections, which occasion’d, or rather inforc’d the Sovereign, King Charles I, most unwillingly to awaken and rouse up this dormant Prerogative, which he put in Execution at a Chapter purposely assembl’d for the Election of Thomas Earl of Strafford, held at the City of York the 12th of September, 16 Car. I. where at that Time and Place he dispenc’d with the Defect of Number of Six Knights-Companions, having then with him Four only, some of the rest being engag’d in his Service against the Scots.

Afterwards when several of the Knights-Companions so much adhered to the Long Parliament, that all Summons were ineffectual to draw them to their Attendance upon their Sovereign, tho’ but to celebrate the Grand Festival of their Patron (much less to the compleating Chapters of Election) to which they were obliged by the Oath taken at their Installment, the Sovereign was constrain’d to extend further his Supreme Authority; and thereupon at the Feast of St. George, celebrated at York, the 18th, 19th and 20th of April, Ann. 18. Regni sui, in a Chapter held on the Eve of the said Feast by himself and but four other Knights Companions, It was Order’d, That Letters of Dispensation should be drawn up for the insufficient Number (as wanting Six Knights) to hold a Chapter of Election, and for Authorizing the Knights then present to deliver in their Votes according to Custom in other Scrutinies, that so the Sovereign might proceed to the Election design’d. By vertue of which Dispensation, the Duke of York and Prince Rupert were elected Fellows of this noble Society.

The like Dispensation was made at Oxford upon the 2d of March, Anno 20. Car. I. there being but five Knights-Companions present with the Sovereign; at which Chapter, William Prince of Orange, and Bernard de Foix, Duke of Espernon, were elected.

Last of all, in reference to the holding three several Chapters preparatory to the Feast of St. George, and grand Installation celebrated at Windsor the 15th, 16th, and 17th of April, 13. Car. II (one of which Chapters was held for the Election of Four Knights, and to deliberate with the surviving Knights-Companions) the Sovereign was pleas’d the 29th of March preceeding, to pass the like Dispensation under the Signet of the Order, and his own Sign Manual, for this defect; and thereby made those three Chapters as legal as if the Number of Knights-Companions had been compleat.

§. 5. We are now arriv’d at opening the Chapter, whereinto neither the Sovereign, nor any of the Knights-Companions are to be admitted without the Ornament, both their Mantles and Garters, as the Statutes ordain, and the Law is still in force, tho’ the Chapter hath been assembl’d elsewhere than at Windsor. As for instance, one call’d at Whitehall for the Election of John Count Palatine of the Rhine, Anno 20. Eliz. the Earl of Huntingdon, and the Lord Grey of Wilton, not having their Mantles then at Court, were not permitted to enter into the Chapter to give their Votes.

King Charles I. determining to call a Chapter for electing the foresaid Thomas Earl of Strafford at York, where neither he nor any of the Knights-Companions then attending his Person, had the Robes of the Order with them; and taking into his Royal Consideration, the Statutes now mention’d, did by his Authority, as Sovereign of the Order, dispence with those Knights then present for coming into the Chapter without their Mantles.

Afterward, upon other Emergencies that ow’d their Origin to the late Rebellion, the Sovereign did the like in some subsequent Chapters held at Oxford.

After the Restoration, a Dispensation passed the Signet of the Order, dated the 10th of January, 12 Car. II. (the Great Seal being under the Hand of the Graver but not finish’d) He was necessitated to make use of his Supreme Authority for holding a Chapter the 14th of January following, in regard the Knights-Companions then in being were not as yet provided of new Robes.

Presuming then, that a full Number of Knights, (in Obedience to their Summons) are attending their Sovereign habited in their Mantles and Garters, and entred into the Chapter-House at Windsor, or other Place appointed for this Assembly, the Sovereign having taken his Seat at the upper End of the Table, and given leave to the Knights-Companions to sit, the Occasion of their being call’d together is first declar’d either by the Sovereign himself, or the Chancellor of the Order by his Command.

The next thing in Course, is to exhibit to the Sovereign Information of all the vacant Stalls; and if the Sovereign chance to be in Foreign Parts, an Information ought to be transmitted to him by his Deputy or Lieutenant; but if in England, and present in the Chapter, then to be presented him by the Chancellor, or in his Absence by the Register, or other Officer of the Order.

After this they singly debate how the Place of the defunct Knight shall be supply’d, and sometimes (where two or more Stalls are found void) whether they shall be all fill’d up at that time, or if not, how many Knights shall be elected pro hac vice.

But when the Scrutiny is intended to be taken in the Choir of St. George’s Chapel at Windsor, these or the like particulars (referring to Election) are commonly consider’d of on the Feast-Day in the Chapter held immediately before Vespers, wherein it is most usually order’d, That the Scrutiny shall be taken in the Chapel that following Afternoon. And so it was decreed on St. George’s Day, Anno 5. Edw. VI. viz. That the Elections of Knights should be taken that Even-song in the Chapel.

This being effected, the Chancellor begins to collect the Knights-Companions Votes, and this is frequently term’d the taking the Scrutiny: For the ampler View of the Nature of which Action and Ceremony, we shall proceed to certain Considerations preparatory thereunto, beginning with what concerns the Nomination of the Persons to be proposed to the Election.

§. 6. And first, That Knights-Companions only present in Chapter, have the sole Right inherent in themselves, to nominate and propose Persons to the Sovereign’s Election, consentaneous to the Bodies of the Statutes, that even from the Institution of this Most Noble Order, it hath not ever suffer’d any deviations.

It is worthy of Remark, that Anno 26. Eliz. the Feast of St. George being Celebrated at Greenwich, the Earl of Warwick, and Lord Burleigh were seized with a Fit of the Gout, upon the Feast Day, which retarded them from Evening Prayer, whilst the Scrutiny was taken; whereupon we find their Indisposition of Body, and Absence, noted in that Scrutiny, where their Nominations should else have been set down, had they been present. And upon the same Occasion was what Robert Cook, Esq; Clarenceux, King at Arms, informs us, That as for those Knights Companions who happen to be absent when the Scrutiny is taken, altho’ this Absence is occasioned by Accident of Sickness, or with the Soveraign’s Licence, nevertheless, in regard of this their Absence at that very time, their Votes may not be received.

Those Knights Companions that come late to the Chapter, forfeit likewise the Privilege of giving their Votes for that time, which so happened to Prince Rupert, and the Earl of Strafford, at the Chapter held for the Election of James Duke of Monmouth, in the Privy Chamber at Whitehall, 29 Mar. 1663.

Altho’ none of the absent Knights-Companions can give a Proxy to vote, or otherwise send their Suffrages into the Chapter or Chapel, there to pass in Nomination; yet formerly, circa temp. H. 5. & H. 6. when divers of the Knights Companions were frequently employed in the Wars of France, and consequently so fixed to their Commands, that they could not personally attend the Feast of St. George at Windsor, it was usual for the Commander there in Chief, with Consent of those Knights Companions, to make a formal Certificate, or Presentment (but not to pass it by way of Nomination or Vote, for that the Law of the Order did not permit) to the Soveraign, or his Lieutenant and Knights Companions assembled at the Feast, of such Persons famous for martial Valour and Virtue, with an Account of their gallant Acts and Atchievements, (attested by other Persons of Honour) as were at that time, and in that Kingdom, in the Sovereign’s Service, and seemed worthy Candidates for the Honour of the Election, to the intent victorious and brave Persons might be preferr’d to so noble and sublime a Post; an Example whereof we find preserved by the Industrious and Learned Dugdale.

“My Lord the Duc of Bedford remembreth, as by the Statutes of the Order of the Gartre, the Election of the Stalls voyde. He saith in the Voyc of the Brethren, and of the Fellowship, beyng at the tyme of the Fest, in the Presence of the Soverain or hys Deputy; that thinkyth to my said Lord, that for hys Acquital to Knighthood, that fytteth hym to give in Knowledge to the Kyng Soverain of the Ordre, and to his Fellowship of the same Ordre, the great Honours of the notable Knights, that from tyme to tyme exercyseth, and have exercysed in Knighthood; and especially in the Service of their Soverain Lord. And of such notable Knyghts as my Lord of Bedford, for the tyme remembreth him of, he hath by the Advyce of them of the Fellowship of the Ordre, being now in France, in the Kyngs Service, and givyng in charge to the said Garter Kyng of Arms, of the Ordre, to shew theyr Names to the Kyng, and to expound Part of theyr Deeds, Acts, and of theyr Worthyness. First to expose the Honour of Sir John Radeclyff that hath contynowed all the tyme of the victorious Kyng that last dyed, whom Christe absolve, at the first landing of hym, at Quies de Caux, where the sayd Radeclyff receyved the Order of a Knyght, and after contynowed the Siege of Hareflew. And after with my Lord of Excester at the Battaile of Vallemont, and of Quies de Caux. And also sithen the deth of the sayd victorious Kyng, Radeclyff being Seneschall of Guyen, hath brought by hys Labour in Knyghthood to hys Soveraign Lord’s obeysance within the Duchie of Guyen many dyverse Cities, Towns and Fortresses. And in especial deserved great and notable merits at the Siege of the City of Bazates, whych Siege was accorded, appointed, and set day of Battaile and of Rescous, the whych day was kept and houlden with great power on both Sydes, and under Banners displayed, the Enemyes doubtyng to fyght wyth Radeclyff required hym of apoyntment they to depart under saufe conduct from the said Field, the whych saufe conduct he graunted them for the term of eight days, like as they required the honour and empruse rested in the said Radeclyff, and to hys hygh meryte, for incontynent followyng was delyvered to hym, the reddyssion and possession of the sayd Cytty of Bazates. And also the sayd Radeclyff was at the Battaile of Assincouert, and hath contynowed and exercysed the Armys the Space of xxviij Wynters unreproched. And in the tyme of his Esquierhood was at the Battaile of Shrewsbury and at the Journey of Husks wyth the Lord Grey at the discomfiture and taking of Owenson.

“Item, My Lord the Duc of Bedford beseecheth the Kyng Soveraign of the Order to have also for recommendyd to his good grace and highnesse other of his Subjects and Servants now being in hys Service in the Realme of France, whych hath done and yet doth take great payne by their knyghtly labour dayly to serve the merite of worthyness and prowess, as Syr Robert Hungerford, Syr Thomas Beamont, Syr John Popeham, Syr Nicholas Burdet, Syr Rauff Nevill, Syr Edward Wyver, Syr John Robesart, Syr Tyre Robesart, Syr William Bretton, Syr Thomas Kyngston, Syr Richard Hankford, and dyverse other.”

But lest it may be suppos’d by some, that the Knights-Companions present in Chapter, can at their pleasures nominate or propose to elect such Persons as they deem meet, so they be qualify’d according to the Statutes, this Privilege is to be understood of Knights Subjects only: For in all Cases concerning Strangers, the Sovereign doth but barely grant them Sufferance, and may direct and confine the Knights-Companions to the Nomination of such as he at any time intends to Honour with Election, which Prerogative was particularly Asserted, 31 Eliz. and 3 Car. I.

In the First of these Instances, the Blue Book, of the Order recordeth, That at a Chapter held immediately before Vespers on St. George’s Day, the Earl of Huntingdon, then Lieutenant for the Sovereign, made known to the Knights-Companions, That the Sovereign did permit them, or leave it to their Pleasure to chuse into the Order whatsoever Foreign Prince they should by their Votes approve of.

Here we have two Points that offer themselves to our Consideration. First, That the Knights-Companions have not the Liberty to nominate what Foreign Prince they please, but the same is derivative from the Sovereign, and only by his Permission. Secondly, To weigh the Paragraph well, that Nominare ought to be render’d or understood here by the Word Eligere, and that the Power delegated to the Knights-Companions from the Sovereign, was only to nominate, not elect; For it immediately follows, That the Knights-Companions went from the Chapter to the Second Vespers; and while the Divine Offices were celebrating, the Prelate receiv’d their Nominations, and that very Evening the Lieutenant presented them to the Sovereign for her to consider of; which had been insignificant and useless, if the Knights-Companions had been impower’d by her Licence to have made the Choice themselves. But the contrary is evident; for the next Morning, all the Knights-Companions attending the Sovereign in Chapter, she herself confirm’d there the Election not of any Foreign Prince, but of the Earl of Sussex, and the Lord Buckhurst.

In the other Instance, Anno 3 Car. I. the Sovereign in a Chapter held before Vespers on St. George’s Day, signify’d it to be his Pleasure (Three Stalls being then vacant) that out of Foreign Princes, the Nomination of whom, (saith the Annals in that very Place) belongs only to the Sovereign, i. e. The Sovereign has the Prerogative to direct the Knights-Companions to name, or impose upon them the Nomination of such Foreign Prince he pleaseth they, the Knights-Companions, should pitch upon; which must undoubtedly be understood to Nominate, or enter down into the Scrutiny, (not elect) Gustavus Adolphus, King of Sweden, and Henry Prince of Orange. For a little after, it is evident, when the Scrutiny was presented to the Sovereign, that himself, not the Knights-Companions, made Election of them.

And it is further manifest, by the Scrutiny there inserted, that both those Princes were named by every of the Knights-Companions then present, according to the Sovereign’s signification (which has been usually done at all other Times upon the like Occasions.) But concerning the third Person then to be Elected, the Sovereign, (intending him to be a Knight-Subject) left it entirely to their Pleasure to Nominate whomsoever they thought worthy of their Votes. Since this Time, the Nominations in like Cases, have been sufficiently acknowledg’d by the Knights-Companions themselves, to be a Prerogative belonging solely to the Sovereign. For to the End they might more expeditiously and clearly shew their Compliance, it was moved in a Chapter held at Oxford, March the 2d. 19 Car. I. That it might become a Custom for the Sovereign to declare before-hand, whether he would elect any Foreign Prince, and whom, that so the Knights-Companions might be there to name him in the Scrutiny.

§. 7. Another Consideration in our Progress towards the Act of Election, is appertaining to the Number, Qualifications and Dignities of the Persons nominated, which may be more conspicuously resolved from another Branch of the before-mention’d Article, viz. That every one of the Knights-Companions present at the Election should nominate for himself nine very sufficient Persons, whom he should judge free from all Reproach and Scandal, whether Subjects to the Sovereign, or Foreigners, Provided they are known not to Favour or Abet any Party at enmity with him; that is to say, three Earls, or others of higher Degree, three Barons, and three Knights. Wherein the Things chiefly observable, we rank under five Heads.

For the First of these, their Number. Every Knight-Companion assembl’d in Chapter, is injoin’d to name Nine, neither more nor less. So also saith King Henry V’s Statutes. Nor are King Henry VIIIth’s. any ways dissonant. And in this particular, the Statutes have been hitherto inviolably observed, except in one Case. As to Numbers, and the Mysteries wrapt up in them, we shall not further insist upon. But why our Royal Founder selected this particular Number above all other, unless he had some Eye, and tacit Reflection on the Nine Worthies, or a treble threefold Cord and Symbol of perfect Stability and solid Amity, the Number Nine is accounted to signifie, can with no great Facility or Certainty be decypher’d.

As to the Second Point, they ought to be of unspotted Character. The Injunction in the Statutes of Institution takes Order, that the Persons designed for Election, should be free from all Reproach, and of untaintted Reputation; and according to those of King Henry V. are to be the best and most sufficient Knights, and freest from Reproach. To the same purpose the Exemplar in the Black-Book, Such as are fittest, and whom they who Nominate believe to be free from Ignominy and Dishonour. And to this Act of Nomination belongs part of the Second Article in Henry VIIIth’s Statutes, That no Knight-Companion should name any Person whom he thinks or esteems in his Conscience to have upon him any Spot of Reproach. But on the Contrary in another Place of the same Statutes it is Provided, That they be nominated and proposed out of the Number of the most worthy and select Knights.

How tender the Knights-Companions were in pristine Times of infringing this particular, is proved from a notable Passage which happen’d Ann. 39 Hen. VI. at a Scrutiny taken the 8th of February, in the Bishop of London’s Palace, where John de Foix Earl of Kendal, a Gascoigner by birth, (which makes the Example more eminent, that a Stranger should have so great Regard to the Honour of the Order) not being acquainted with the Quality and Merit of Knights and Honourable Persons amongst us so well and demonstrably as to nominate such whom he was confident were irreprehensible, forbore to mention any Persons at all. And certainly, seeing the Statutes put very considerable Qualifications upon the Deputies and Proxies, made choice for the Installation of Strangers (as elsewhere shown) much more Caution and Regard ought to be used both in the Nomination and Election of Knights into this radiant and illustrious Society.

The third Head the Statutes render indifferently capable of being nominated or elected, either Knights Subjects, or Strangers, [Free Princes or their Subjects.] And it was so even at the Election upon the first Choice, where among the Twenty five Elected Knights, Twenty three of them were Subjects. And this was the constant Custom not only in the remaining Part of the Founders Reign, and during those of his three Successors, but has continued ever since, as appears from the Scrutinies taken and entred throughout the Annals of the Order.

Of those who have gain’d admission into this Noble Order by Election, we shall in the last Chapter give an Account in a compleat Catalogue of them, and likewise insert the Names of such as have missed their Election, yet are not to be buried in Oblivion, out of this very respect, that by their standing Candidates, have the Fame of being enrolled in the Principal Register of Honour now in the Christian World. It cannot be supposed we should give a List of all, (for that were a Task too laborious, and wou’d prove too numerous) but only of those of eminent Quality in foreign Parts, with the Æra when the Scrutinies were taken.

Those Persons were render’d incapable of Nomination who were known to Act in contrary Interest to the Sovereign; as the Exemplar in the Black-Book expresseth more copiously, Such as are not his Adversaries, or Abettors, or willing Defenders of his Adversaries. Sometimes the Knights-Companions being more wary and discreet in Nominating them, to put either disrespect upon the Sovereign, or offer Violation to the Statutes.

In the last Place, concerning the Degree, Rank and Dignity of the Nine Knights proposed to be Elected, the Statutes of the Institution set forth, That they be, First, Three Earls, or Persons of great Dignity. Secondly, Three Barons. And, Thirdly, Three Knights: Or, as it is in Henry V’s Statutes, Trois Contes ou de greegnear estat, trois Banerets, & trois Batchelers. These Degrees are to be ranked in Three Classes, and they distinguish’d by Three Divisions, all including the Three Degrees aforesaid.

Whereas all other Bodies and Exemplars of the Statutes make positive mention of Earls only, yet the Statutes of Hen. VIII. in this Point are more ample, by expressing the first Class, Dukes, Marquesses, and Earls, or Persons superior to these in Degree, wherein the highest Dignity is comprehended.

We may observe the different Title, viz. Baneret that Henry V’s Statutes hath given us instead of Baron; and not only in this Article, but in all other where there is Occasion to treat of Barons; and yet the Record intends by it no other than the Person it mentions: For tho’ a Banneret had its Denomination à vexillo, it usually signify’d a Degree of Honour next below a Baron, both in a later and a modern Date; yet formerly among our Records, it is expressedly Synonymous to Baron, as is sufficiently clear’d up by our most Learned Selden; and in this Sense is to be taken here, and not as a distinct Title of lower Degree, because we observe the Bannerets rank’d in all Scrutinies before King Henry VIII. establish’d his Statutes (except one) with the Knights-Batchelors, not with Barons.

The Title of the third and lowest Rank in this Classis in the Statutes of their Institution, are called Milites Bachalauri, and in those of King Henry V. Batchelors, and elsewhere Bachalauri & Bachelauri Equites, which in common Acceptation are the same with Milites, tho’ thus render’d to evince their difference from Knights-Bannerets, who are of a superior Degree of Honour. And here we may observe, that there is no Place in a Scrutiny for any under the Degree of a Knight-Batchelor. And tho’ Three of the Nine mentioned are set down to be Barons, and Three other Earls, or of higher Degree, yet must these Six be such as have had conferred on them the Order of Knighthood, else their Names are rejected, and neither given or taken in Nomination; for the Words of the Statute expresly are, That each of the Knights assembl’d at the Election shall name nine Knights.

Thus King Charles I. Anno 6 Regni sui, designing to invest James Marquess of Hamilton with this Order, conferr’d the Honour of Knighthood upon him immediately before his Nomination: And the Annals in that Place put this commentary Remark thereupon, Because by the Statutes it is provided, that none should be elected into the Order that have not been dignify’d with the Title of Knight.

Yet the Ceremony of Knighting the Person designed to be elected, was not so strictly regarded, but sometimes this Branch of the Statute was either wholly passed, or else confounded with the second Article throughout the several Bodies of the Statutes, which prohibits the Choice or Election of any Person into the Society, as this doth the Proposal or Nomination. And thereupon perhaps it was conceiv’d, that altho’ the Nomination, Election, and sometimes Delivery of the Ensigns of the Order was first dispatch’d and past, yet it was sufficient if the Honour of Knighthood was conferr’d afterwards; as in the Cases of William Earl of Derby and Thomas Lord Burleigh, Anno 43. Eliz. where the Register observes, That as soon as their Election was over, and they Usher’d into the Chapter, the Earl of Derby, (who it seems had not been Knighted before) was dubbed Knight with a drawn Sword, according to Custom, after which they had the Garter and George put on by the Sovereign her self.

In like manner, Ulrick Duke of Holstein, and Henry Earl of Northampton, immediately after their Election, (the last Day of St. George’s Feast, Ann. 3. Jac. I.) and before they receiv’d the Ensigns of the Order, had the Dignity of Knighthood conferr’d on them by the Sovereign; and in like manner the Earl of Sussex, Ann. 3 C. I. which the Red-Book of the Order recites, That as soon as it was understood that the Earl had not receiv’d the Order of Knighthood before, the Sovereign immediately drawing his Sword, Knighted him; which was not done till after his Election and Investiture with both the George and Garter.

Thus did the Ceremony of Knighthood succeed the Election of Charles Prince of Wales, the 21st of May, Ann. 14 Car. I. for after he had been elected, and invested with the Ensigns of the Order by the two Senior Knights (the Earls of Pembroke and Montgomery, and of Arundel and Surry) were intreated by the rest of the Knights-Companions, to present his Highness to the Sovereign in the Name of all the rest, to be initiated a Knight-Batchelor. He was conducted by the said Earls (his Supporters) into the Presence-Chamber in Windsor-Castle, where before the Chair of State, he most Solemnly receiv’d the Order of Knighthood from his Father King Charles I.

To Honour which Knighthood, and the Memory thereof, Four of the chief Nobility then present were Knighted, viz. the Earls of Essex, St. Alban’s and Elgin, and Viscount Grandison, being conducted from the Great Chamber to the Sovereign’s State, each between two Batchelor-Knights.

Afterwards the Law in this Point began again to be more rightly understood; and by that Time James Duke of York came to be elected (which was the 20th of April, 18 Car. I. at the Feast of St. George celebrated at York) the Sovereign appointed, and accordingly conferr’d Knighthood upon him the Day before, which he receiv’d upon his Knees, being conducted into the Presence-Chamber between two of the Nobility, who were also Knights, the Marquess of Hertford and Viscount Grandison. In Honour and Commemoration whereof, Four other Noblemen receiv’d the Honour of Knighthood at that time, the Earl of Carnarvan, the Lords George D’Aubignie, John Stewart, and Bernard Stewart, each supported by two Knights.

And thus Prince Edward Count Palatine of the Rhine, and George Duke of Buckingham, being designed by King Charles II. to be admitted into this Noble Order, were both first Knighted at St. Germains in France, 1649. and afterwards had the Ensigns of the Order sent unto them, by the Hands of Sir Edward Walker, Kt. Garter, who, in right of his Office, invested them therewith.

Yet in the Case of Prince Rupert, who was elected with James Duke of York, Ann. 18. Car. I. His want of Knighthood became no impediment, because he was a Prince in another Country, viz. Count Palatine of the Rhine, and Duke of Bavaria, and might therefore justly challenge a Privilege to come within the Rule of foreign Princes.

But the Sovereign, to arrive as near to the Intention and Observance of the Statute as he could, (where there was a possibility to do it, and the Honour would be well accepted by the Prince) thought it requisite by Commission under the Great Seal of England, to impower Thomas Earl of Arundel and Surry, and George Lord Goring, both being then in Holland, or either of them, to Knight the said Prince before putting on the Garter (seeing it could not possibly be done before his Election) which was intended to be sent by him by the Hands of Sir John Burrough, Garter. But Death intervening, the Sovereign’s Intention was frustrated; altho’ the Prince, upon his coming afterwards into England, receiv’d both the Garter and the George from the Sovereign himself at Nottingham nevertheless without Knighthood, which to excuse, it may well be alledg’d, that the Sovereign might not recollect this Part of the Ceremony, it being a Time of so great Turmoil and Fatigue, occasion’d by the then setting up of his Standard.

However, upon the 17th of January, 1644. when a Decree past in Chapter then assembl’d at Oxford, That both the Duke of York and the Prince, should enjoy all Emoluments and Privileges of the Order, tho’ they were not as yet Install’d (which Ceremony was to be compleated assoon as Windsor was out of the Power of the Rebels.) The Prince, before he receiv’d his Oath, was conducted by the Earl of Berk-shire and Duke of Richmond and Lenox, unto the Sovereign, and had conferr’d on him the Honour of Knighthood, there being at the same Time two of the Nobility Knighted in Memorial of that Solemnity, the Lord Henry Seymour, Second Son to the Marquess of Hertford, and the Lord Capell, conducted each between two Knights.

§. 8. We are now come to speak of the Scrutiny it self, in reference to which, we shall consider by whom it ought, or hath been usually taken, and the Manner and Form thereof.

By the Statutes of the Institution, the Collecting the Knights-Companions Votes, and entring them in the Scrutiny, solely appertains to the Prelate of the Order; and upon him is this Office devolved, not only by the other Bodies of the Statutes, but by the Constitutions of his Post, and the Obligation of his Oath, whose right we find duly asserted upon this Persons taking a Scrutiny, Anno 29 Eliz.

The Statutes likewise provided, That if the Prelate was at any Time absent, then the Dean of Windsor, or the Register, or the Senior Residentiary of the College, or the Secretary, or Scribe of the Order, should undertake the Employment; and elsewhere it is mention’d expressly, In the absence of the Prelate, whose particular Duty otherwise it was. And among the various Examples enroll’d in the Annals of the Order, these Examples abundantly confirm it. The Prelate of the Order collected the Suffrages from the Knights-Companions, Anno 9 Hen. V. when John Earl-Marshal, and Four other Knights were elected. The like did Henry Beaufort, Lord-Cardinal, Prelate of the Order, upon the Election of John King of Portugal, Anno 13 Hen. VI. And when the Duke of Suffolk was chose, Anno 26 Hen. VI. the Prelate then also gather’d the Suffrages; which he likewise did upon the Feasts of St. George, Celebrated in the 12th, 13th, 14th, 27th, 28th, 30th, 31th, 34th and 35th Years of Queen Elizabeth’s Reign. Sometimes the Scrutinies have been gathered both by the Dean of Windsor, and the Register of the Order jointly; as we find by the Election of John Lord Talbot, Ann. 2 Hen. VI. of Sir John Falstaff, Ann. 6 Hen. VI. and the Duke of Quinbery, Ann. 5 Hen. VI. all receiv’d at the Feasts of St. George, celebrated at Windsor.

It is more than a bare Conjecture, that the Dean at those Times receiv’d the Votes from the Knights-Companions on the Sovereign’s side, while the Register collected those on the Prince’s; for ’tis observ’d, that in King Henry Vth’s Reign, in Posts of different Natures, one whereof was to signifie the Sovereign’s Pleasure to the Knights-Companions about their paying due Reverence, first to God, and afterwards to himself; and the other in a Ceremonial, which directs the Manner and Order of Mulcting the Knights-Companions; in both which, the Dean perform’d the Service on the right Hand the Choir (the Sovereign’s side) and the Register on the left.

Sometimes the Register of the Order took them alone, as at the Election of John Earl of Arundel, Anno 10 Hen. VI. and those of the Earl of Morteyn and Sir John Grey, Ann. 14 Hen. VI. Moreover it’s plain, that when the Office of Register was not fill’d, and Thomas Ruthall, Bishop of Duresme, executed it during its Vacancy, the Bishop himself, Ann. 2 Hen. VIII. collected the Suffrages. The like did William Day, Dean of Windsor, in the Absence of George Carew, Dean of the Chapel and Register of the Order, at the Feasts of St. George held at Whitehall, Anno 18 and 19 Eliz.

This Duty was executed by the Register from the 15th Year of King Henry VIII. to the Period of his and his Son’s Reign, as the Black-Book of the Order fully evinces; as also on St. George’s Day, Ann. 1. Eliz. by John Boxhall; and at the Feast of St. George held Ann. 1 Jac. I. by Giles Thompson, who in the several Times were Registers, yet we must not mistake that what they officiated was on their own behalf, but supply’d the Place of the Prelate.

In the Beginning of Queen Mary’s Reign, we find the Chancellor of the Order began to perform this Service, being by King Henry VIIIth’s Statutes adjoined to those other Offices before describ’d, to collect the Scrutinies in absence of the Prelate, and thereby made capable of the Employment, which afterwards is tacitly remark’d to be perform’d as if in his own right, when the Register has only effected it in the Chancellor’s absence, tho’ in reality it was no other, than as in the Instance of the Bishop of Duresme and Dr. Day aforesaid, who took the Scrutiny in the Vacancy of the Office, and absence of the Register.

Anno 4 Eliz. the Register in the Absence of the Chancellor (who was sick,) upon the Feast Day of St. George, collected the Suffrages. And Ann. 8. Eliz. George Carew, then Register of the Order, took the Votes of the Knights-Companions in absence of Sir William Petre, Chancellor of the Order. So also Ann. 4. Jac. I. where the Cause of the Chancellor’s Absence is noted to be Sickness, and Ann. 6. Jac. I. to be Death.

In the first of these Instances, we find the Prelate expressly set down to be there; in the two following, his presence is implyed, for it is said, that the Four Officers of the Order did attend both Feasts, whereof, (the Chancellor being wanting) the Prelate must needs be one.

Now all these Passages seem to relate to the Right of the Chancellors rather than the Prelates by this Remark, That every of the Scrutinies were taken in the Absence of the Chancellor, which looks something like a cautionary Remark that denoted the Right of Executing this Office to the Chancellor, rather than the Prelate.

First, The Officer arose and went into the Middle of the Choire; directly over against his own Seat, he made two Reverences, first towards the high Altar, and next to the Sovereign, then he proceeded up to the Choire near the hault pace against the Stall of the junior Knight-Companion, and there made like Reverence; this done he went up to the Stall of the said junior Knight, and with a singular Reverence to him, only demanded whom he pleased to nominate, which having taken, (making to him a second Reverence,) he descended into the Choire, and thence passed to the next senior Knight on the other Side, (unless by reason of the vacancy of the Stall he Sits on the same Side with the junior) and having received his nomination from the second Knight-Companion, he again crossed the Choire to the Third, and in like manner he ascended according to the Seniority of the Knights-Companions present, (always crossing the Choire where there was occasion) until he arrived at the senior Knight-Companion; and having thus received all their Nominations, he returned into the Middle of the Choire, and after accustomed Reverences, took his Seat.