Statutes, call’d _Prælatus Ordinis_; and that the then Bishop of
_Winchester_, _William de Edyngton_ was the first Prelate is very
obvious from thence; he is an Officer of Honour only, and hath neither
Pension nor Fees allowed him by the said Constitutions; this Office is
vested in the Bishop of _Winchester_, for the time being; and from the
Annals of the Order it’s manifest his Successors have continued
Prelates to this Day, except the interruption only of a few Months,
_Anno_ 7. _Ed._ 6. immediately after the publishing this King’s
Statutes; wherein the other Four Officers were constituted anew, to
attend the Order, but the Prelate wholly laid by.
WHAT high reputation this See hath been favour’d with, may be collected
from an Act of Parliament, 31. _Hen._ VIII. concerning the Placing of
the Lords in Parliament Chamber, and other Assemblies and Conferences
of Council, whereby this Bishop had Place assigned him next to the
Bishop of _Durham_, who hath place by that Act, next the Archbishop of
_York_; tho’ before in respect of the prehemenence of this noble Order,
he had precedence and Place granted above all Bishops, and next unto
the Arch-Bishops. At that Officers admittance he is oblig’d to take an
Oath in the presence of the Soveraign or his Lieutenant, which consists
of these particulars.
1. _To be present in all Chapters, whereunto he is Summoned._
2. _To report all things truly without Favour or Fear._
3. _To take the Scrutiny faithfully, and present it to the Sovereign._
4. _To keep secret, and not disclose the Councils of the Order._
5. _To promote and maintain the Honour of it._
6. _To withstand and reveal what is designed to the contrary._
THIS Oath is read in Chapter, by the Register of the Order, the
Gentleman-Usher of the Black-Rod, holding the Book, whilst the Prelate
Kneels between the Sovereign’s Knees.
Of the ROBE.
AS the Knights-Companions had their Surcoats bestowed on them, at the
Sovereigns charge, and therefore called the Kings Livery, so had the
Officers of the Order their Liveries or Robes out of the Sovereign’s
Wardrobe, and in particular the Prelate of the Order: For in the Rolls
of the great Wardrobe, we find that _William de Edyngton_ had allow’d
him for his Robe of the Sovereign’s Livery, against the Feast of St.
_George_, Anno 37. _Ed._ III. one Cloth of Sanguine grain, and a large
quantity of Furs for trimming it up: And we find this Robe so assigned
the Prelate to be of the sute or colour of the Knights-Companions
Surcoats the same Year, _viz._ Sanguine in grain, and that he had a
great allowance of Furr; for his being a Mantle was larger than any of
the Knights Surcoats, tho’ they are both call’d by the same name _Roba_
in the Rolls of the Wardrobe, _Anno_ 7. _Rich._ II. _William de
Wyckham_ then Prelate had the same allowance, one Cloth of Violet in
grain and other Materials. But the Discrimination was in the Bellies of
Minevers, whose Number was now much encreased, and that the same
allowance was bestowed on him in the 11th and 19th Years of the said
King. But in these three Instances the Colour of the Cloth was
different, and suitable to the Knights-Companions Surcoats, those very
Years, _viz._ Violet in grain, White and Blue, and _Anno_ 12. _Hen._
VI. the Robe of _Henry Beaufort_, Cardinal and Prelate was White, as
then were the Surcoats of the Knights-Companions, whence it is evident
the Livery formerly allowed the Prelate annually varied in Colour, as
did the Knights-Companions Surcoats.
IN that ancient Precedent of the Liveries of the Garter, remaining in
the great Wardrobe, wherein the Surcoats of the Knights-Companions are
reduced to a Stated proportion in the measure of the Cloth, number of
Furs and Garters, modeled out according to their state degrees, there
the Prelate hath the following allowance for his Livery,
24 Yards of Woollen Cloth.
18 Timber pur } Minever.
18 Timber gross.}
3 Timber de Biss.
BY all which it is manifest what Materials and colour the Prelate’s
Robe was of at the institution of the Order, and for a long time after,
nor do we find any variation until the Reign of King _Hen._ VIII. and
then this Habit was ordained to be Crimson Velvet, lin’d with white
Taffaty, faced with blue, and thereon down the opening before upon the
bordures, sundry Royal cognizances on the right side, the Rose of
_England_ Crowned, on the left side opposite one of King _Edw._ IV’s.
Badges, _viz._ a Rose within the Sun Beams Crowned; and then the
aforesaid Badges again _vice versa_, with more Damaskings; on the right
side the Flower de luce of _France_ Crowned, and on the left side King
_Edw._ III’s. peculiar Badge, _viz._ The Sun Beams issuing out of a
Cloud, and those Badges repeated in alternate situations; every Badge
interpolated with an Area of Embroidered Damasking; Forty of these
Clouds wrought of Gold, Silver and Silk, having in the middle the
_Saxon_ Letter _E_ of Gold, were provided to him several Garments made
for that King 21 _Edw._ III. and Embellished with Stars. As the left
Shoulder of a Knight Companions Mantle, so the right Shoulder of the
Prelates Robe is injoyned to be Embroidred with a Scutcheon of St.
_George_’s Arms, encompassed with a Garter, and adorned with Cordons of
blue Silk mingled with Gold. After a while the colour of this Robe
became changed to Murray. The allowance of Velvet 16 Yards, of white
Sarcenet for Lining 12 Yards, and a Garter for the Shoulder, Embroidred
with Purls of Damask Gold. But 23 _Eliz._ for the Livery of Bishop
_Watson_ then newly admitted, the quantity of Velvet was encreased to
18 Yards; but the Lining and Garter remained as it was, so also the
Cordon, having Buttons and Tassels of blue Silk, and _Venice_ Gold; the
like Robe in all particulars were made for Bishop _Cooper_, and Bishop
_Bilson_, his Successars, _Temp. Eliz._
ABOUT 12 _Car._ I. the Prelate and Chancellor Petition’d the Sovereign
to restore them their ancient Rights and Privileges of Honour, in
relation to their Ensigns and Robes upon their outward Garments,
whereupon 13 _Car._ I. it was Ordered in Chapter, that the
Knights-Commissioners (newly Established by that Chapter) should take
into their consideration the Robes the Prelate and Chancellor were to
be invested with, and certify the Sovereign the ancient Colour and
Fashion; but nothing was effected untill after the Restoration, and
then by Warrant under the Signet of the Order, Dated _February_ 19. 13.
_Car._ II. the Prelate had assigned him for his Livery of the Order,
one Robe of Purple Velvet, containing 18 Yards, and 10 Yards of white
Taffaty for Lining, as also the Arms of St. _George_ within a Garter,
wrought with Letters, and Purls of Damask, Gold and Pearls, having
Laces, Buttons and Tassels of purple Silk, and _Venice_ Gold; but what
inducements the Sovereign had for so changing the Murray Colour for
Purple, has not reached our Intelligence. The time he is obliged to
Wear this Robe, is in express text of the Constitutions, to be Yearly
on the Vigil and Day of St. _George_, wheresoever he is at liberty,
whether it be in Parliament, or any other solemn Occasion, or Festival
whatsoever.
THE Honours conferred on this Officer, are, that his Post in all
Proceedings and Ceremonies of the Order, is on the right Hand of the
Chancellor; that he hath the Privilege of Marshalling his Arms within
the ennobled Garter, and accordingly hath it been customary to surround
them, impaling his See. He hath allotted him convenient Appartments
within the Castle of _Windsor_, in a Tower Situated on the North-side,
called _Winchester_ Tower; and as often as he shall Arrive thither, or
to any other Place at the Sovereign’s Command, upon the Affairs of the
Order, he ought to have allowed him of the Court Livery for Himself and
Retinue, according to the Stipends, that Earls resident in Court do
possess. 2 _Car._ I. This Officer (so well as the Chancellor) had the
Honour allowed him, to Wear upon the left Part of his Cloak, Coat, and
riding Cassock, at all seasons, when he should not be Invested with his
Robe, and in all Places, and Assemblies, a Scutcheon of the Arms of St.
_George_, but not inriched with Pearls and Stones. But not long after
there was some restraint upon this Act, tho’ I do not find it repealed.
§ 2. THE institution of the Chancellors Office, his Oath, Robe, Badge,
and Pension next follows to be handled. At the Erecting this Noble
Order, the common Seal was ordained to remain in the custody of
whomsoever the Sovereign should please to lodge it, but expresly to be
one of the Knights-Companions; among whom in after-times, Sir _John
Robertsack_ is Stiled _Custos Sigilli Ordinis_, having the custody of
it by Decree, 1. _Hen._ VI. by a Prolepsis of Speech, Styled Chancellor
in the Black Book. But King _Edw._ IV. finding it requisite to fix the
Office of Chancellor of the Garter, in a Person distinct from the
Knights-Companions, and subservient to them, Decreed in a Chapter at
_Westminister_, 16 _Regni sui_, That the Seal of the Order should be
resigned to _Richard Beauchamp_, then Bishop of _Salisbury_ to keep
during pleasure, and he to be called Chancellor of this most noble
Order; not long after by Letters Patent, under the Great Seal of
_England_, Dated the 10th of _Oct._ 15. _Edw._ IV. this King declared,
that tho’ this Office was not expressed by the Founder’s Statutes, yet
was it nevertheless very useful, and therefore for the Advancement, and
good of the Order, he constituted an Officer named Chancellor: And
forasmuch as this Office was of great Import and Concern, and required
an expert and able Person, it was His further Pleasure, that none but a
Bishop should Execute it; moreover considering the Chapel of St.
_George_ at _Windsor_, was Founded within the Diocess of _Salisbury_,
and having regard to the prudence and diligence of the said
_Beauchamp_, who out of meer love to the Order, attended daily the
progress of the Work, wherewith the King was then in hand for enlarging
the Chapel at _Windsor_; he did therefore Ordain the said Bishop for
the Term of his Life, Chancellor of the Order, and after his decease,
his Successors, Bishops of _Salisbury_, should always have and hold the
said Chancellor-ship; Nevertheless, provided that the King’s Concession
should be put in execution, by the Advice of the Knights-Companions,
and without prejudice to the Bishop of _Winchester_, in those things
which ought by the Statutes of Institution to belong unto him.
THIS Office thus conferred upon _Beauchamp_ personally for Life, and
perpetually to his Successors, Bishops of _Salisbury_, by vertue of
this Grant continued Chancellors, nor doth it appear that any other
Person had been invested therein, until _Ann._ 7. _E._ VI. that Sir
_William Cecil_, then principal Secretary of State, was made Chancellor.
FOR upon Reformation of the Order by that King, his Statutes wholly
excluded the Ecclesiasticks, and appointed that the Chancellors-Office
should be executed by a Knight qualified, with Honour and Reputation to
manage a Post of that Care and Fidelity; he thereupon appointed Sir
_William Cecil_, Chancellor; And here first entred a secular Person,
notwithstanding which in a Charter to the Bishop of _Salisbury_, 4
_Eliz._ (containing the Charters of Queen _Mary_, _H._ VIII. and _H._
VII. and in another 4. _Car._ I.) the forementioned Letters Patents,
made to _Beauchamp_, by King _Edw._ IV. are therein recited _totidem
verbis_, and confirmed as a Tacit Reservation of the Right and Title of
those Bishops, whensoever the Sovereign should have a benign and
propitious Aspect towards that See. The first of these Bishops who
concerned himself for recovering this high Station to that See, was
Bishop _Cotton_, who upon the Death of Sir _Edward Dyer_, sometime
Chancellor, Petitioned the Sovereign, 6. _Jac._ I. and prayed
Restitution thereof to the Church of _Salisbury_; but before any
determination, the two chief Justices, and chief Baron was advised
withal, who were of Opinion, that this Office was not compleatly or
sufficiently annexed to the Bishoprick of _Salisbury_ by King _Edw._
IV. But _Cook_ in his Institutes, reports the point Void, upon the
incertainty of the Grant, for that a new Office was Erected, and not
defined what Jurisdiction or Authority the Officer should Exercise; and
there’s assigned a third Reason, That the Grant was in the Sovereign’s
disposal, because the Patent was obtained without Fee; with one or more
of these Opinions, the Sovereign’s judgment being swayed, He forthwith
nominated Sir _John Herbert_, one of His privy Council to the
Chancellor-ship, and so this affair remained Silent, until _Anno_ 12.
_Car._ I. when _John Davenant_, Bishop of _Salisbury_, upon Sir
_Francis Cranes_ decease, remonstrated to the Sovereign his Claim to
this Office, whereupon at a Chapter held at _Windsor_, 5th of _Dec._
that Year, the Sovereign propos’d to the Knights-Companions present,
that tho’ he had made Election of Sir _Thomas Rowe_ for his Chancellor
that time, yet understanding a Claim made by the Bishop of _Salisbury_,
that the Place was annexed to that See, he commanded the
Lords-Companions to take the pretence of right into their
considerations; to which proposition of the King’s, they answered that
they thought it not their duty to search for the Title of any Person,
but that if the Bishop did produce his Evidence and Proofs, he might
present it in Chapter to be considered.
UPON this Encouragement, the Bishop presented a Petition, which was
read in the Chapter at _Windsor_, the 18th of _April_ ensuing, to this
effect, That King _Edw._ IV., by Letters Patent, had Erected this
Office of Chancellor, and did then grant the same to _Richard
Beauchamp_, Bishop of _Salisbury_, and his Successors for ever, in
consideration that the Chapel of St. _George_ was within their Diocess;
that those Bishops had enjoyed the same, according to the Charter,
which Charter had been confirmed under the Great Seal of _England_, by
some other Kings and Queens, and lastly by the King himself. But that
the use and exercise of that Office had for many Years been
discontinued from them, praying therefore an Hearing, and Examination,
that the right of the said Church might be preserved and restored. To
the substance of which it was objected.
_First_, THAT> the Great Seals of _England_ did not work within, or
upon the Statutes and Rules of the Order of the Garter.
_Second_, THAT no Grant could prescribe the present Sovereign, it being
a Law Fundamental within the Order, _Suprema Lex_ was _Suprema
Voluntas_.
_Third_, THAT it did not appear by the Records of the Order, that the
Office of the Chancellor was any otherwise conferred upon _Richard
Beauchamp_, Bishop of _Salisbury_, than _quam diu Regiæ celsitudini
complaceret_.
TO the _First_, It was answered by way of Exception, as to the Grant of
Offices, forasmuch as the Great Seal of _England_ was took into, and
became legal within the Order in like cases; and not any Patent for an
Office, had past under the Seal of the Order, but under the Great Seal
of _England_, and in particular the Office of the Chancellor-ship,
which had not been transacted, if any legal defect had been therein.
TO the _Second_, granting it was so as was Objected, it appeared that
the Sovereign was as much at liberty to restore this Office to the See
of _Salisbury_, as continue it to secular Dignities.
TO the _Third_, what was alledged out of the Records of the Order,
related only to the time of delivering the Seals to Bishop _Beauchamp_:
But afterwards when the Office was Erected by Letters Patent, it was
then granted to him during Life. Something was replied from the Judges
Opinions, even in this case, _Ann. Jac._ R. VI. But the Sovereign
thought it was not then well canvass’d and weighed, to permit the
Chapter Acts of this Order, wholly independant from other Laws, to
receive construction and determination from the common Law, and
therefore declared that the Bishop ought to be heard; and to that
purpose, gave him Orders to prepare the Vouchers and Proofs of his
pretensions in vindication of his Petition, and to send them to be
delivered to the Knights-Commissioners, elected for the affairs of the
Order, for their consideration at the next Chapter, which was
accordingly put in execution, and then refierred to them again to be
considered, prepared and abbreviated, to be perused by the Sovereign,
for his final determination. But the _Scotch_ War shortly after
breaking forth, and troubles running high at Home, the further
Prosecution was laid aside, and not revived until the 19th of _Nov._
_Anno_ 21. _Car._ II. When _Seth Ward_, Bishop of _Salisbury_, took
encouragement upon the former grounds, and the Sovereign’s favour, to
set on foot this Claim, by a Petition presented to the Chapter then
held at _Whitehall_, where, after a full debate and mature deliberation
had of its equity and just Foundation, he obtained a Decree for
Re-establishment of this Office on the Bishops of that See, upon the
first vacancy, Dated the 19th of _Nov._ 1669. and present his Majesty
the Sovereign, the Dukes of _York_, and _Ormond_, Earls of _Oxford_ and
_Manchester_, Prince _Rupert_, Earls of _Bristol_ and _Sandwich_, and
the Duke of _Monmouth_.
Of the OATH.
THE Oath the _Chancellor_ takes at his Admission which we find to be
the same with the Prelates, and in the like humble Posture upon the
Knee, and usually Administred by the Register of the Order. As to his
Robe, it was at first the same with the Prelates, both for Cloth and
Colour, but his proportion of Cloth far less, having allowed him but 5
Yards, when the Prelate had 24, nor but 3 Timber of Minever gross,
where the Prelate had 19, beside a large quantity of other Furs; nor
was the Colour confined to one kind, until the constitutions of this
Office appointed it to be Crimson, as was the Prelates, for no doubt it
was before annually changed, as his was to the Colour of the
Knights-Companions Surcoats; however by the Picture of the ancient
Habits of the Officers, it is conspicuous, it was debared the Royal
Badges, wherewith the Prelates Rose was Embroidred; when the Colour of
the Prelates Robe was changed to Murray, the Chancellors had the same
Alteration and was Trim’d alike in all other particulars. The
proportion allowed to Sir _Thomas Smith_ for his Livery, _Anno_ 14.
_Eliz._ was 18 Yards of Murray Velvet, 12 Yards of Sarcenet for the
Lining, one Garter wrought with Pearls of Damask Gold for the Shoulder,
one Lace (or Cordon) with Buttons, and Tassels of blue Silk and
_Venice_ Gold, and the same Materials and Quantities were afterwards
distributed out of the Sovereigns great Wardrobe, to the succeeding
Chancellors.
BUT _Anno_ 13. _Car._ I. The Prelate and Chancellor endeavouring a
Reformation in this Habit, the Dye both of the Prelates and this
Officers Robe was changed into Purple.
BESIDES this Robe, the Chancellor of the Order hath an honourable Badge
of Distinction assigned him to wear, first granted to Sir _William
Peters_ and his Successors, the 9th of _October_, 1 and 2 _Ph._ and
_Mar._ _viz._ a golden Rose enclosed within a Garter, which he and his
Successors, Chancellors of the Order, have ever since worn daily about
their Necks; at first it was Pendant in a Gold-Chain, but since in a
Purple Ribband. It seems something of this Design had been in Agitation
a little before, so soon as the Chancellorship became vested in a
Layman; for King _Edward_ VI’s Statutes did Ordain, _That the
Chancellor should wear about his Neck a Cross of the Order, with a red
Rose, in a white, of Gold, all compassed within a Garland of red and
white Roses_.
AND because it was suggested to King _Charles_ I. That there were
different Accounts and Uncertainties contained in some Books concerning
the Wearing of this Badge, He, by Warrant dated at _Oxford_ the 16th of
_December_ in the 21st Year of his Reign, 1645. ordained Sir _James
Palmer_ Kt. and Bart. Chancellor of the said Order, (and his
Successors) _should wear about his Neck at all times in Honour of his
said Place, (that thereby he may be known to be of that Office and
Dignity, as hath been accustomed) a Medal or Jewel of Gold enamelled
with a red Rose, (within a Garter of Blue enamel, with this Sentence
inscribed_, Hony soit qui mal y pense) _or such an one as we or the
rest of the Knights-Companions of the said Most Noble Order of the
Garter do or shall from time to time hereafter wear in our Collars of
the said Order in particular Reference to us or them. And in the
Reverse thereof, he shall bear the Escutcheon of St._ George _enamelled
within a Garter also in reference to the Order it self, which he only
shall wear hanging by a light purple Ribband, or in a gold Chain, as
hath been accustomed_.
AMONG the Officers of the Order, the Chancellor is seated next beneath
the Prelate, and in all Proceedings and Sessions, goeth, and sitteth,
on his left Hand: And as it was ordered by the Constitutions of the
Officers, That if the Chancellor hapned to be a Layman, he should be
also a Knight, and have other personal Endowments. So did King
_Charles_ I. conceive it requisite to confer some further Mark of
Distinction upon this Officer, in relation to Place and Precedence
without the Order; to which effect, there passed a Decree in a Chapter
assembled by the Sovereign at _Whitehall_, the 23d of _April_, 1623.
present, the Earls of _Mulgrave_, _Montgomery_, _Rutland_, _Carlisle_,
_Holland_, _Suffolk_, _Pembroke_, _Arundel_ and _Surrey_, _Salisbury_,
_Dorset_, _Bark-shire_ and _Northampton_, _That Sir_ Francis Crane,
_the present Chancellor, and all others that should succeed him in that
Place hereafter, shall, in right of that Place, in all Assemblies, and
upon all Occasions, be ranked and placed immediately after
Knights-Privy-Councellors, and before the Chancellor of the Exchequer,
the Persons holding both Places, being in_ Pari gradu, _and
consequently before all others, whom the said Chancellor is to
precede_, &c.
AND to the intent the Chancellor of the Exchequer’s Place may be
certainly known, _May_ the 20th, 21 _Jac._ I. it was thus established,
_That the Knights of the Most Noble Order of the Garter, the
Privy-Councellors, the Master of the Courts of_ Wards _and_ Liveries,
_the Chancellor and Under Treasurer of the_ Exchequer, _Chancellor of
the_ Dutchy, _the Chief Justice of the Court of_ King’s Bench, _the
Master of the_ Rolls, _the Chief Justice of the Court of_ Common-Pleas,
_the Chief Baron of the_ Exchequer, _and all other Judges and Barons of
the Degree of the Coif, should have Place and Precedency in all Places,
and upon all Occasions before the younger Sons of Viscounts and Barons,
and before all Baronets_, &c.
THE aforesaid Constitutions provide the Chancellor of the Order an
Habitation within the Castle of _Windsor_, as well as the Prelate,
which is the South-West Tower in the lower Ward of the Castle, call’d
the _Chancellor’s Tower_. The Possession thereof had been for some time
in the Power of others; and therefore by a Chapter convened at
_White-hall_, _Nov._ 5th, 5 _Car._ I. it was restored unto Sir _Francis
Crane_, then Chancellor of the Order, and after his Decease, to descend
to his Successors. These Constitutions also ordained him the like
Liveries at the Table and Court of the Sovereign, as were allowed to
the Prelate.