THUS stood the Lands accounted for till the Settlement made by Queen

_Elizabeth_, who in the First Year of her Reign appointed the Dean and

Canons to convert the Rents of these New Lands to such Uses and Intents

as she had set down in a Book signed with her Sign manual, and annexed

to an Indenture made between her and the Dean and Canons; by which

Indenture they were obliged to apply the Rents and Profits of these

Lands, as was prescribed in the Book, and to observe the Ordinances

therein, and upon Default, to abide such Orders as the Crown, or any

Knight-Companion, deputed by the Sovereign, shall set forth.

_l._ _s._ _d._

In this Book the Total of the Revenue}

reckon’d at the ancient Value } 661 06 08

The Annual Charge and Disbursements }

therein set down } 430 19 06

And so Remains 230 07 02

Which Remainder has been and is assigned for Payment of Tenths to the

Crown, Vicars, Curates, Annual Stipends, Officers Fees, Reparation of

the Premisses, and for the Relief of the Dean and Canons, in

Maintenance and Defence of the said Lands.

AND to the End the Queen might know how the Revenue was disposed of,

she gave charge that her Lieutenant and the Knights-Companions should

annually (at the Feast of the Order held at _Windsor_) state the

Accompt, and see how the Income was expended, and that her Lieutenant

should yearly be put in mind of it by one of the Officers of the Order.

This Ordinance was renewed, 21 _Jac._ I. and the Chancellor of the

Order was appointed to be the Remembrancer, and in Obedience thereunto,

the Account of these new Lands (which begins at _Lady-Day_, as that of

the old Lands doth at _Michaelmas_) was afterwards exhibited in

Chapter, and in particular that Account, 9 _Car._ I. which was

submitted to the Sovereign and Knights-Companion’s Consideration, who

referred the Inspection thereof to the Knights-Commissaries, who were

to consult over the Affairs of the Order.

§. 8. THE Privileges of the Chapel and College are Ecclesiastical and

Temporal: As to the first, Pope _Clement_ VI. exempted the Chapel,

College, Canons, Priests, Clerks, Alms-Knights and Officers, from all

ordinary Jurisdiction of Archbishops, Bishops, Archdeacons, and all

Judges and Officers, and received them within the Protection of the

Papal-See; and granted a farther Privilege, That the Custos should have

Ecclesiastical Jurisdiction over the Canons, Priests, _&c._ as also the

Cure of their Souls, notwithstanding any Papal Constitution,

Provincial, or Synodical, yet allowing that the Custos should receive

that Cure from the Diocesan of the Place. In Consideration of this

Exemption, the Custos was to pay annually, on St. _George_’s Day, a

Mark in Silver, to the Pope’s Chamber. Two Years preceding, the Chapel

was called the King’s Free Chapel, which Title it still enjoys; for it

owes Subjection to none but the Sovereign of _England_, the Supream of

the Church, as heretofore it stood divided between the King and See of

_Rome_. The Privilege of Exemption included in the Confirmation of

Liberties, made by the Founder in his Charter, dated _Anno Regni sui_

47. and all other Emoluments granted by him, are confirmed by Act of

Parliament, 8 _Hen._ VI. As the College has its sole Dependance on the

Crown, it is visitable only by the Lord-Chancellor, whose Visitations

and Power are reserved to him by the Statutes of the College, and

himself called in the King’s Commission for Visitation, 2 _Rich._ II.

Governor of the said Chapel, as well in Spirituals as Temporals, and,

under the King, immediate Custos. And so jealous were the Dean and

Canons, lest the Power of the said Exemption should be infringed, that

when _Sixtus_ IV. had granted the Bishop of _Salisbury_, and

themselves, to make new and interpret the ancient Statutes, they soon

obtained a Revocation of that Authority, lest the said Bishop (in whose

Diocess the College is situate) being so unpowered, might by Degrees

bring them under his Jurisdiction, in prejudice to their Exemption.

And, _A. D._ 1485. to prevent such design, the Archbishop of

_Canterbury_, &c. were commission’d to see the Bull revoked, and

_Salisbury_ enjoyned not to intermeddle further in the College Affairs.

Moreover other Bishops, and the Chancellor of _England_, were to renew,

alter, or new make such Statutes as might accrue to the Advantage of

the College.

IF the Archbishop of _Canterbury_ be present in the Chapel, he sits

below the Dean, nor can he consecrate there, without his License. And

this is very remarkable, that at the ratifying the Peace between King

_Charles_ I. and _Lewis_ XIII. _A. D._ 1629. in the Chapel at

_Windsor_, Dr. _Wren_, then Dean of the College, gave the Oath to the

_French_ Ambassador, and not the Archbishop of _Canterbury_, tho’ he

was then present.

THE Dean and Chapter are to weigh well and debate at their yearly

Chapters all things fit to be dispatched in reference to the College

Affairs, and whatsoever Determination they come to, not repugnant to

their Statutes, all Persons are firmly obliged to observe.

THE Deans have no Institution from any Bishop, but his Institution,

Investiture, and Installation into the Custos-ship, Canonship, and

Prebendship, is conferred from such of the Canons Resident, to whom the

King (who collates) doth recommend him. Other Marks of Exemption appear

in the constant proving of Wills before him, or in his Absence before

his Lieutenant. In using the Power of Excommunication within their

Jurisdiction (the Precincts of the College) granting a Dispensation for

eating Flesh in _Lent_, a farther Mark of their Privilege appears, that

the Ordination for the Chantry Priests were confirmed by the Dean and

Chapter, and not the Bishop of the Diocess, as were the Statutes of the

new Commons. The Dean is exempt from paying all Synodals, or

Procurations, nor can any of the King’s Chaplains preach in the Chapel

of St. _George_, unless he be a Canon there, or have License from the

King, or from the Dean and Canons. They send no Delegates to the Synod,

and when the Point was debated, 1640. it was carried in the Negative,

as being against their Liberties, and might intitle them to the Payment

of Subsidies; nor are they intitled to any Share in the Government of

the Church, more than the Colleges in the Universities, where there are

many nominal Deans. In short, when by the Act of _Uniformity_, 14

_Car._ II. every Clergyman was bound to subscribe before the Archbishop

or his Ordinary, the Canons subscribed before the Dean; and tho’ some

of them subscribed before the Bishop, yet was it with a Salvo, saving

the Rights and Privileges of this Free Chapel.

THEIR Temporal Immunities and Privileges are these, as granted them by

Charter, 6 _Mar._ 27 _Edw._ III. and confirmed by several of his

Successors.

THE Custos and Canons were free from paying Aid upon making the King’s

eldest Son a Knight, and marrying his eldest Daughter, and exempt of

all Aids to the King’s Contributions and Tallages.

WHENSOEVER the Clergy should give a Tenth, or other Imposition, out of

their Spiritualties, or the Commons give a Tenth, Fifteenth, or other,

out of their Temporalties, Subsidy, or the King tax his own Demean, or

the Pope impose any Money to be raised upon the Clergy, to give it the

King, this College and their Possessions were to stand freed thereof.

THEY were discharged from any Contributions of arraying Soldiers, and

from sending them to guard the Sea-Coasts, and from every Fine and

Composition of the like Nature. Their Houses within the Castle of

_Windsor_, as elsewhere, are quit from any Livery of the King’s and

Queen’s Stewards, Marshals, Purveyors, Officers, and Servants, and from

the like Officers of the Peers or Nobles, and the said Officers were

not to intermeddle there, without Leave of the Custos and Canons.

NO Duke, _&c._ or Nobleman, nor any Stewards, Marshals, Escheators,

Sheriffs, Coroners, Bailiffs, or Officers, nor other Person of what

Condition soever, upon any Pretence, were not to lodge or remain in

their Houses without their Consent.

THE Custos, Canons, and their Tenants, were not to pay any Toll,

Paviage, Piccage, Barbicanage, Terrage, Pontage, Murage, Passage,

Payage, Lestage, Stallage, Tallage, Carriage, Pesage, and from Scot and

Geld, Hidage, Scutage, working about Castles, Parks, Bridges, Walls for

the King’s Houses; and from Suits to the County, or Hundred Courts, and

Wapentakes, or Court Leets, Murder, and common Amerciaments, before

either King, Justices of the Bench, or Itinerant, and from every like

Custom had an Immunity.

WITHIN their Lands, Fees, and Precincts, the Chattels of all Felons and

Fugitives were seized to their own Use. All Fines for Trespasses, and

all other Contempts and Misdemeanors, _Fines pro licentia concordandi_,

and for all other Causes, Amerciaments, Redemptions, Issues, and

Forfeitures whatsoever, _Annum Diem Vastum & Streppum_, and all Things

which might belong to the King and his Heirs, and all Wrecks, Waifs,

and Strays, were granted them.

NO Purveyance of Corn, Hay, Horses, Carts, Carriages, Victuals, or any

Goods, Chattels, or any thing whatsoever, should be carried off by any

of the King’s Officers, upon their or their Tenants Land.

THEY were to be free from paying any Pension, Corrody, or other

Sustentation to be granted to the Crown.

THEY were to have free Warren in all their Demain Lands wheresoever,

and that altho’ they lay within the Bounds of the King’s Forest.

THAT they should enjoy for their Conveniency a weekly Market on

_Wednesday_, at their Mannor of _Ever_ in _Bucks_, and Two Fairs to

last Eight Days, one on the Eve and Feast of St. _Peter_ and St.

_Paul_, and Two Days after the other, upon the Eve and Feast of St.

_Peter ad Vincula_, and Two Days following.

THAT they should, in all their Lands have Socage and Sackage,

Infangthef, Utfangthef, and View of Frankpledge, with Thewe, Pillory,

and Tumbrel for punishing Malefactors, and Power to erect Gallows upon

their own Soil for executing those apprehended in their Jurisdiction.

THEY were to be exempt of all Suits and Pleas of the Forest, and of all

Charges or Fees which the Officers of the Forest might demand, and from

the Expeditation of their Dogs and Suits of Court there; as likewise

all from Gelds, _Dane_ Gelds, Knights Fees, Payments for Murder and

Robbery, Building or Repairing of Bridges, Castles, Parks, Pools,

Walls, Sea Banks, Causeways, and Inclosures; and of all Assizes,

Summonses, Sheriffs Aids, their Bailiffs, or Officers, bearing of

Treasure, and all other Aids whatever; as also from the common

Assessments and Amerciaments of the County, and Hundred, and all

Actions relating to them; they were discharged from the Payment of

Ward-penny, Aver-penny, Tithing-penny, and Hundred-penny, and quit from

Grithbreck, Forestal, Homesoken, Blodwite, Wardwite, Hangwite,

Fightwite, Leyrwite, Lastage, Pannage, Assurt, and Waste of the Forest;

so that such Waste be not committed in the Forests, Parks, and Woods

belonging to the Crown, and then reasonable Satisfaction, without

Imprisonment, should be accepted.

ALL Writs and Attachments were returnable to them, as well relating to

the Pleas of the Crown as other, thro’ all their Lands and Fees, and no

Sheriff, Bailiff, or Officer, should execute any such there, unless in

Default of the Custos and Canons, and they to have and hold Leets, and

Lawdays, and Cognizance of all Pleas betwixt their Tenants, as well of

Trespasses and Contracts, as others. And lastly, They were to have and

hold Wards, Reliefs, Escheats, Forfeitures, and other Profits, Issues,

and Emoluments whatsoever, within their own Fees, from all their

Tenants, which might appertain to the Crown, as if the Tenants did hold

of the Crown or others _in Capite_.

CAP. V.

WE come now to treat of the most Noble and Illustrious _Order of the

Garter_; which, if we consider either its Antiquity, or the Nobleness

of the Personages, that have been enroll’d, it excels and outvies all

other Institutions of Honour in the whole World. It owes its Original,

as is confessed on all Hands, to _Edward_ III. King of _England_ and

_France_; yet as to the Occasion, there are several Opinions which we

shall rectifie. The vulgar and more general is, that the Garter of

_Joan_, Countess of _Salisbury_, dropping casually off as she danced in

a solemn Ball, King _Edward_ stooping took it up from the Ground,

whereupon some of his Nobles smiling, as at an amorous Action, and he

observing their sportive Humour, turned it off with a Reply in

_French_, _Honi soit qui mal y pense_; but withal added, in disdain of

their Laughter, _That shortly they should see that Garter advanced to

so high an Honour and Renown as to account themselves happy to wear it_.

BUT upon Examination of this Tradition, let others judge what Credit it

bears to establish its Belief; for Sir _John Froissart_, the only

Writer of the Age that treats of this Institution, assigns no such

Original, nor for 200 Years after is there any thing to the Purpose in

our other Historians, till _Polydore Virgil_ took occasion to say

something of it; but had it been Fact, some _French_ Historian or

other, would not have neglected to register it at a convenient Time

with a Scoff and Ridicule, since that Nation was so ready to deride

King _Henry_ V’s Design of invading them with a Return of Tennis Balls.

IN the Original Statutes of this Order, there is not the least

Conjecture to countenance the Conceit of such a Feminine Institution,

no not so much as laying an Obligation on the Knights-Companions to

defend the Quarrels of Ladies (as some Orders then in being enjoyned;)

nor doth the Author of that Tract entitled _Institutio clarissimi

Ordinis Militaris a prænobili subligaculo nuncupati_, prefaced to the

Black Book of the _Garter_, let fall the manifest Passage to ground it

on.

AS to what _Polydore_ says, he is not so confident to ascertain the

Person whose Garter it was; but cautiously declining that, says, it was

either the Queen’s, or the King’s Mistress’s; and if it were the

latter, yet doth he omit her Name and Title, both which (on what

Authority we find not) are supplied by modern Historians, who call her

_Joan_ Countess of _Salisbury_, the same elsewhere celebrated by the

Name of the _Fair Maid_ of _Kent_, (whom _Edward_ the Black Prince,

afterward married) whereas no Historian ever gave the least Inuendo

that King _Edward_ III. ever courted her as a Mistress. _Selden_ points

at her when he calls the Lady, from whom the Garter slipp’d, Countess

of _Kent_ and _Salisbury_: But about the Time when this Order was

founded she in truth was dignified with neither Honour; for altho’ she

was Daughter to _Tho._ of _Woodstock_, Earl of _Kent_, and had been

sometime the reputed Wife of _William Mountague_, second Earl of

_Salisbury_, yet then she cou’d not properly be accounted Countess of

_Salisbury_. She was actually Wife to Sir _Thomas Holland_, (one of the

First Founders of the Order.) Nor was she yet (tho’ afterwards)

Countess of Kent, because her Brother _John_ Earl of _Kent_, at the

Institution of this Order, survived, and died not till 26 _Edw._ III.

THAT there was a Countess of _Salisbury_ with whom King _Edward_ III.

became greatly enamour’d, _Froissart_ reports after this manner, _That

this King having relieved a Castle of that Earl’s in the North, wherein

his Countess had been besieged by the_ Scots (_the Earl himself being

at that time Prisoner in_ France;) _upon sight of her extraordinary

Beauty he fell in love with her; but she so virtuously demeaned her

self, during his Abode there, that he declined further Solicitation_.

However, some time after, the King out of Desire to see her, proclaim’d

solemn Justs in _London_, whither this Countess and other Ladies being

invited, came up. This Castle it seems was _Wark_ upon _Tweed_ in

_Northumberland_, which King _Edward_ had formerly bestowed on her

Husband, for his good Service past, when he first espoused her, being

then but a Knight.

ALTHO’ it should be admitted that this Countess of _Salisbury_ was the

King’s Mistress, yet must it be remark’d, That she was Wife to _William

Mountague_, Kt. created Earl of _Salisbury_, _Anno_ 11 _Edw._ III.

Mother to _William_ the before-mention’d second Earl, that her

Christian Name was _Catherine_, not _Alice_, as _Froissart_, not

_Joan_, as others call her, Daughter to _William_ Lord _Granston_, and

that she expired 28 _Edw._ III. But that the whole may appear, what

indeed it is, a meer Fable, we shall insert the Judgment of Dr.

_Heylin_, who took great Pains in this Particular. _This_, says he, _I

take to be a vain and idle Romance, derogatory both to the Founder and

the Order first published by_ Pol. Virgil, _a Stranger to the Affairs

of_ England, _and by him taken upon no better ground than_ Fama Vulgi,

_the Tradition of the common People, too trifling a Foundation to so

great a Building_.

OF the same Contexture with the former is another Tradition in _Andrew

du Chesne_, _That the Queen departing from the King to her own

Apartments, and he following soon after, chanced to espy a Blue Garter

lying on the Ground (supposed to have slipp’d from her Leg) whilst some

of his Attendants carelesly passed by it, as disdaining to stoop at

such a Trifle; but he knowing the Owner, commanded it to be given him;

at the Receipt of which he said, You make but small account of this

Garter; but within few Months, I’ll cause the best of you all to

reverence it alike_. Some suppose that the Motto was the Queen’s

Answer, when the King asked her, _What Men would conjecture of her,

upon her losing her Garter in such a manner?_

BOTH Relations are far distant from Fact; nevertheless it has thus

far’d with other Orders of Sovereign Foundation, and an amorous,

instead of an honourable Account, has been falsly render’d of their

Institution; as for Instance, _The Order of the_ Annunciade, and that

of _The Golden Fleece_.

THERE is a third Opinion grounded on a Relation made of King _Rich._ I.

who, whilst his Forces were employ’d against _Cyprus_ and _Acon_, and

extremely tir’d and harrass’d with the Siege, he, by the Assistance and

Mediation of St. _George_ (as imagin’d) was inspir’d with fresh

Courage, and bethought himself of a new Device, which was to tie about

the Legs of a Number of Knights, a Leathern Thong Garter, for such had

he then at hand, whereby they being emulated to future Glory, with

Assurance of Reward if they prov’d victorious, they might be excited to

behave themselves intrepidly and well, much after the Examples of the

old _Romans_, among whom were distributed various Crowns for several

Causes, to adorn the Soldiers: But if King _Richard_ I. did make use of

this Device in the _Holy Land_, as a Signal or Mark of Distinction of a

Party, upon some warlike Exploit, yet that he took Occasion to create a

distinct Order of Knighthood thereupon, there is not sufficient warrant

to believe; (for it is only put down in the Preface of the _Black

Book_, but not in any Part of the Annals of the Order; nor can it plead

higher Antiquity than the Reign of King _Hen._ VIII. when written.) All

the Advantage that can be made of it, is, to heighten the Reputation of

that Saint among the _English_, by which Means the Garter came to be

dedicated to him, and not that it contributed to its Institution.

§ 2. THE true Motive was therefore, neither the Ladies Garter, or King

_Richard_’s Leathern Thong, that it owes it Original to: But King

_Edward_, being a Person of consummate Vertue, gave himself up to

military Affairs; and being engag’d in War for recovering his Right to

_France_, made use of the best Martialists of the Age, did thereupon

first design (induc’d by its ancient Fame) the Restoration of King

_Arthur_’s _Round Table_, to invite hither the Gallant Spirits from

abroad, and endear them to himself; and adjudging no Place more

requisite than _Windsor_, upon _New-Year’s-Day_, _A. D._ 1344. he

issu’d out Letters of Protection for the safe going and return of

Foreign Knights, to try their Valour at the Solemn Justs to be held

there on _Monday_ after the Feast of St. _Hilary_ following (which

happen’d _Jan._ 19.) And these Letters of Safe-Conduct continu’d in

force until the _Octaves_ of the Purification of our blessed Virgin

ensuing, being the 18th Year of his Reign. At the Time appointed, he

provided a great Supper to begin the Solemnity, and then ordain’d this

Festival to be annually at _Whitsontide_; and immediately after these

first Exercises were over, for a future and better Accommodation, he

impress’d Workmen and Carriages for erecting a particular Building in

the Castle, and therein plac’d a Table of Two Hundred Foot Diameter,

where the Knights should have their Entertainment of Diet, at his

Expence of 100 _l._ _per_ Week; to which Building he gave the Name of

_The Round Table_. And as at these great Conventions the Days were

spent in all Kinds of noble Feats of Arms, Justs and Turnaments, so

were a great Part of the Nights consum’d in publick Balls and dancing

with the Ladies that attended the Queen thither; and perhaps it was

hence conjectur’d, that at some of these Balls the Queen’s Garter, or

the Garter of _Catherine_, Countess of _Salisbury_, might slip off, and

the King’s taking it up occasion Smiles in the Bystanders; and

afterwards, when the King had modell’d his intended Order, a Garter

offering it self for its chief Ensign, might add to the Conjecture; but

that it was the principal Cause, is a groundless Imagination. And tho’

King _Edward_ advanc’d the Honour of the Garter, as to denominate the

Order, yet was it not to enhance Reputation to, or perpetuate an

effeminate Occasion, but to adorn Martial Prowess, with Honours,

Rewards and Splendor; to increase Vertue and Valour in the Hearts of

his Nobility, that so true Worth, after long and hazardous Exploits,

should not enviously be depriv’d of that Glory which it hath

intrinsically deserv’d, and that active and hardy Youths might not want

a Spur in their Progression in the Paths of Vertue, which is to be

esteem’d glorious and eternal.

IT is further observable, that the _French_ King, _Philip de Valoys_,

in Emulation of this Seminary at _Windsor_, set up a _Round Table_ at

his Court, and invited Knights and valiant Men of Arms out of _Italy_

and _Almaine_ thither, lest they should repair to our King _Edward_

III. which meeting with Success, prov’d a Countermine to his main

Design; who perceiving that his Hospitality towards strange Knights,

upon Account of reviving King _Arthur_’s _Round Table_ was too general,

nor did sufficiently ingratiate them to his Person, but being

unconstrain’d and at Liberty, did after their Departure take what Side

they pleas’d in the ensuing Wars, he at length resolv’d upon a

Projection more particular and select, and such as might oblige those

whom he thought fit to make his Associates, in a lasting Bond of

Friendship and Honour: And having issu’d forth his own Garter for the

Signal of a Battle, that was crown’d with Success, (which is conceiv’d

to be the Battle of _Cressy_, fought about Three Years after his

erecting the _Round Table_;) upon so remarkable a Victory, he thence

took Occasion to institute this Order, and gave the Garter Preheminence

among the Ensigns of it, whence that select Number, whom he

incorporated into a Fraternity, are styl’d _Equites Aureæ

Periscelidis_, and vulgarly _Knights of the Garter_. By this Symbol he

design’d to bind the Knights and Fellows of it mutually unto one

another, and all of them joyntly to himself, as Sovereign of the Order;

nor was his Expectation frustrated, for it did not serve only as a

vehement Spur and Incentive to Honour and martial Vertue, but also as a

golden Bond of Unity and internal Society; and for this Consideration

_Cambden_ aptly calls it a Badge of Unity and Concord.

The History of the Most Noble Order of the Garter · 第 10 / 49 段