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.
Place. Day and Year. Knights elected.
{ _Alb. de Vasques Dalmadea_,
1. Sign of the _Lion_ } _July_ 11. { E. of _Averentia_.
in _Brentford_ } 24 _H._ 6. { Lord _Beauchamp_.
{ Lord _Hoo_.
2. Sov. Bed-Chamber } _Nov._ 27. { Sir _Francis Surreyne_.
at _Westminster_ } 25 _H._ 6. {
{ _Richard_ E. of _Warwick_.
3. _London_, within } _Feb._ 8th { Lord _Bonvile_.
the Bishops Palace. } 39 _H._ 6. { Sir _Thomas Kyriel_.
{ Sir _John Wenlock_.
4. Tower of _London_. } _August_ 8. { _G. Ubaldus_, D. of _Urbin_.
} 14 _Ed._ 4. { _H. Percy_, E. of _North._
} { _Edward_ Pr. of _Wales_.
5. Star-Chamber. } _May_ 15th. { _Richard_ Duke of _York_.
} 15 _Ed._ 4. { _T. Grey_, Mar. of _Dorset_.
6. Sovereign’s } _Febr._ 10. { _Ferdinand_, K. of _Spain_.
Bed-Chamber in the } 19 _E._ 4. { _Hercules_, D. of _Ferrara_.
Wardrobe, _London_. } {
7. _Greenwich_, _July_ 14. 15 _H._ 8. Lord _Ferrers_.
8. _Calais._ } _Oct._ 27th. { _A. Montmor._ E. _Beamon._
} 24 _H._ 8. { _P. Chabot_, E. of _Newbl._
9. _Hampton-Court._ } _Jan._ 9th. { _Edward Seymour_, Earl
} 32 _H._ 8. { of _Hertford_.
10. _Windsor._ } _Aug._ 6. 1 _&_ { _Emanuel_ Duke of _Savoy_.
} 2 _Ph._ & _Mar._ {
11. _Whitehall._ } _Feb._ 8th. { _John Casimire_, Count
} 20 _Eliz._ { Palatine of the _Rhine_.
12. _York._ _Sept._ 12. 16 _Car._ I. _Thomas_ Earl of _Strafford_.
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_.
Syr _Thomas Ramston_,
Syr _Rauff Butler_,
Syr _William Oldegall_,
Syr _Robert Harlyng_,
Syr _Gilbert Halsall_.
“_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.