unless he be a _Knight_; or as it is expressed in one of the
_Examplars_ in the _Hatton Library_, _Unless girded with the
unstained Girdle of Knighthood_; so singular a regard the Law of the
Order hath to this particular Qualification above the rest: And least
Chance or Inadvertency might let slip a Person not Knighted into the
Scrutiny, were the Words inserted _ut minimum_, that he be at least a
_Knight_ before he be elected, when the Sovereign comes to make his
Choice. It is evident from the 2d Article in the Statutes, that it
hath long since received this Construction, as appears by an eminent
Instance. In the 17th of _Hen._ VIII. The Feast of St. _George_ being
celebrated at _Greenwich_, and the Sovereign being present, having
elected the Lord _Roos_, afterwards Earl of _Rutland_, into the
Society of this most noble Order; and being advertised on the Morrow
after St. _George_’s Day, while the Mass of _Requiem_ was
celebrating, _That he had not before received the Dignity of
Knighthood, according to the Statutes_, which positively enjoin,
_That whosoever is elected into this Society, should be in Degree at
least a Knight_; that is, actually _Knighted_ before-hand. And tho’
the Lord _Roos_ was, at the Time of his Election a Baron of this
Realm, which is a higher degree of Honour than a _Knight_; The
Sovereign after Mass re-assembled the _Knights-Companions_, and
annulled the Election, and commanded the _Garter_ and _George_, so
lately conferred, to be taken off, and in the same Place dubbed him a
Knight; and then he was Elected again, with an unanimous Consent, and
so declared by the Sovereign’s own Mouth; and was restored to his
_Ensigns_ and _Ornaments_, by the Dukes of _Norfolk_ and _Suffolk_.
Agreeable to this, it’s recorded in the _Red Book_ of the Order; that
none of the _English_, _Scotch_, or _Welsh Nation, how considerable
soever otherwise, in the Prerogative of Blood or Virtue, can be
Elected into this most honourable Society; but that he ought to be
first ennobled and rendered capable, by this first degree of Knightly
Honour_.
But this Law does not bind Foreign Princes; for by a Decree at
_White-Hall_, in 13 _Charles_ I. these Words, _ut minimum_, are
explained to relate to all Subjects, of what Degree soever, within the
Sovereign’s Dominions; but Foreign Princes ought not to be _Knighted_,
as the Basis and first Degree of _Chivalry_. The _Statutes of
Institution_, as to those before-mentioned, not only enjoyn them to be
_Knights_, but to be free of all _Infamy and Reproach_. In _Henry_ V’s.
Statutes, it stands, _Chivalier sans reproche_, which Answers in the
Latin, _Eques irreprehensus_; and the Argument used by the Duke of
_Bedford_, for promoting the Election of Sir _John Radcliff_, was, that
he had continued and exercised the Armies, the space of twenty eight
Years, without _Reproach_. King _Henry_ VIII. determined this Word
_Reproach_ into three Species; first, _when a Knight hath been
convicted of Heresy, against the Catholick Faith_; or _suffered any
publick Punishment for such Offence_: Here Heresy is reckoned among
those defects, that deprive Men of Honour; because it bends its Force
against the Catholick Church, which not only renders a Man, in the
ballance of _Honour_, of no _Weight_ and _Esteem_, but more than all
other Sins, makes him _Infamous_. And therefore when by _Tongue_,
_Pen_, or _Actions_, a Man endeavours to trample under Foot the _sacred
Law_, he scandalizeth Government, and seduceth others.
The second Point is, when any Knight hath been _arraigned, convicted,
and attainted of Treason_; however Q. _Elizabeth_ qualified this Point
by a Decree, made in the first Year of her Reign; _that in case any
Persons so convicted, were pardoned by the Sovereign, and restored in
Blood; every such Gentleman in Name, Arms, and Blood, and descended as
aforesaid, being otherwise qualified, according to the ancient Statutes
of the Order, should be thenceforth accounted Eligible, and might be
Chosen a Companion_. This Decree, it’s presumed, owes its Original,
upon the occasion of restoring in _Blood_ _William_ Marquiss of
_Northampton_, and the Lord _Robert Dudley_, after Earl of _Leicester_,
who had been attainted of High Treason in the first of Q. _Mary_: And
we find that in the next Feast of St. _George_, they recovered their
Privileges of Honour, and were preferred in _Nomination_, and on the
last Day of the Feast, were Elected into this most illustrious Society.
Though the Marquess of _Northampton_ had been formerly Elected in the
35 _H._ 8. and was restored in Blood, as I said before; it’s very
remarkable, that it was thought fit to descend to a new Nomination and
Election, as appears from the Decree it self, as it was performed upon
the third of _June Anno primo Eliz._
The last Point of Reproach, is, _where a Knight Companion hath fled
from Battle_; in which the _Sovereign_, or his _Lieutenant_, or other
_Captain_, (having the King’s Authority) were present; when Banners
were displayed, and both Sides proceed to Fight. Now for a Person to
behave himself cowardly in the Fight, abandon his Colours, leave his
Prince, Friends, and Companions, in hazard of Life, are undoubtedly
Concerns of a very high and reproachful Nature, and draw down Dishonour
upon the Order, the Sovereign, and Knights Companions, and a sufficient
indication of a pusilanimous Mind; that prefers to drag an infamous
Life, and makes his Honour a Sacrifice to a reproachful Safety; for the
Resolution of a right _Martial Spirit_, ought either to return decked
with Victory, or die upon the Bed of Honour.
By the Laws of King _Edward_ the Confessor, the _Soldier_ that runs
from his _Colours_, either in Land or Sea Service, his _Life_ and
_Estate_ were made liable to answer the Offence; and our Acts of
Parliaments have made it _Felony_, without _Benefit of Clergy_; for as
much as such desertion endangers the Estate of the _King_, _Nobility_,
and _Commonwealth_.
But the danger is of a far more dismal hue, when Officers, or he that
Commands in Chief, or who has any Post of Trust assigned him, either
quit it, or is found defective in his Duty, as was _Thomas Earl of
Lancaster_, who quitted the Army at the Siege of _Berwick_, the
consequence of which proved an abortion to the whole Design; and for
which he was proclaimed _Traytor_, _Anno_ 12 _E._ 2. And therefore
whoever is culpable of any of these three Points of _Reproach_, is
disqualified from being Elected into this most _noble Order_. Before we
proceed any farther, it may not be improper to take notice of an Error
which _Polydore Virgil_ hath interwove with one, and which _Erhardus
Celius_, in his History of _England_, hath copyed from that Author, but
refuted by the learned Pen of Dr. _Heylein_, _viz._ that the
_Knights-Companions_ have certain _Laws_ belonging to their Order,
whereby they are _obliged to help one another, and in Time of Battle
never to betake themselves to shameful Flight_: The _Statute Law_ of
the _Order_ is silent upon the first Clause, nor is the latter
otherwise to be taken, than one of those Points of Reproach spoke of in
the second _Statute of K. Henry_ VIII. which nulls the _Election_ of
the Person nominated, if he be peccant in that Point: Now that which
gives some Umbrage to the _Knights_ mutual Assistance and Defence, is
founded upon an Article in their _Statutes_, which prohibits the arming
themselves one against another, to create a mutual Affection, and to
extinguish Feuds, which is the Life and Soul of Society, and which the
Founder, to prevent Inconveniencies, had a great Regard to; and
therefore he Ordained, which has been confirmed since by other
Statutes; That none of the Knights-Companions should Arm themselves
against any of their _Fellows_, unless either in the Cause of his
Sovereign, or his own just Quarrel: And this Clause it was, that gave
the Handle to both Parties, that sided with the Houses of _York_ and
_Lancaster_; some firmly adhering to _Henry_ VI. whom they accounted
_Sovereign_ of the Order; and others taking Part with _Edward_ IV. as
esteeming him Sovereign _de Jure_, though not _de Facto_.
But more firmly to tye this Knot of Amity among this noble
_Fraternity_, least they should unhappily engage in Factions one
against another, and proceed so violently as might commence into
Actions of Blood and Slaughter; it was ordained, That if a
Knight-Companion should happen to be retained in the Service of a
Foreign Prince, to take up Arms in his Quarrel; and after his Adversary
desired to entertain another _Knight-Companion_ on his Side also; he
that was last invited, was bound to wave this Offer, and in no wise to
give his Consent. And upon this, the _Knights-Companions_ were obliged
to make special Precautions in that their Engagements; that if any of
his Fellows were retained on the other Side, and that if he knew not
that another of his _Fellows_ had been engaged with the Adversary, so
soon as it came to his Knowlege, he was obliged to relinquish the
Service he before had undertaken.
To these three Points of _Reproach_ we have set down, we find in a
Manuscript, that belonged to _Heny Grey_, third Marquiss of _Suffolk_,
a fourth added to these other three _Points_ of _Reproach_; in these
Words:
#That if any Knight of the Order, from henceforth, by Prodigality or
Ryot, wilfully or negligently, Dispend, Sell, Aliens, or do away his
Patrimony or Livelihood, by reason whereof, he shall not be able
honourably to maintain himself, and his Estate, in such honourable
manner, as may Conserve the honour of the said Order, and of himself;
in this Case he shall be Summoned by the Usher of Arms of the Order,
called the black Rod, by Commandment of the# Soveraign, #his#
Lieutenant, #or# Deputy; #to appear before his Majesty, or his
Commissioners, and the Knights of the Order, at the next# Chapter £
ensuing; there to be examined before the Soveraign, or his said
Commissioners, and the Knights and Companions of the said Order; and if
he be found in such great default of# Prodigality, insolent Riot, or
wilful Negligence; #that then the Soveraign, with the advice of the
Company of the said Order may deprive and degrade him of the said
Order, at the said Chapter, if it be their Pleasure.#
Though this fourth Point is not inserted into King _Henry_ VIII’s
Statutes, yet the Substance thereof seems to be approved of before; for
we find among some _Orders_, prepared by the Marquiss of _Exeter_, and
other Knights-Companions, at a Chapter at _Windsor_, the twenty fifth
and twenty sixth Days of _May_, _Anno_ 8 _Henry_ VIII. one of them was
something to this Purpose.
§. 13. Amongst the Number of these Candidates, the Sovereign is chiefly
to regard those who have _most Voices_, or whom he conceives most
requisite to contribute to the _Honour of the Garter_, and most
Beneficial to himself, and of most Advantage to his Crown and Kingdom.
We find the Law hath not always reserved the greatest Number of Voices,
as will appear from the Annals; yet it has sometimes confirmed the
Election, as in the Case of the Duke of _Queenberry_ _An._ 5 _Henry_
VI. where, after a due and sufficient Examination taken of the
_Scrutiny_, the Duke, by the consent of most Voices, was Elected into
the Stall of _Thomas_ Duke of _Exeter_; and so was the Election of Sir
_Nicholas Carew_, the twenty fourth of _April_, in the 28 _Henry_ VIII.
It is remarkable in a singular Instance, that when two Knights had on
either Side equal _Voices_; which was the Case of Sir _John Fastolf_,
and Sir _John Radcliff_; the first being esteemed more Worthy, by the
Sovereign’s Lieutenant, obtained the Election.
The second Inducement relates to such as, in all Appearance, may bring
most Renown to the _Order_, and advance it to a higher pitch of
Greatness; and these have in a great Measure been effected, by
enrolling Foreign Princes into this _illustrious Society_, whose Valour
and great Merit have proclaimed them deserving both of _Nomination and
Election_. And upon this Consideration, K. _Charles_ I. of blessed
Memory, _upon Consideration had of the glorious Atchievements, and high
Renown, of_ Gustavus Adolphus _King of Sweden; judged it a Part of his
Respect, not only to render him all Offices of Kindness and Friendship,
as to a Prince nearly allied, and his most special Friend; but also to
impart to him, as far as in him lay, the greatest and highest Honour
that might be, and especially such, wherewith the military Virtue of so
great a Captain was wont to be adorned_.
But the principal Motive thought requisite to Elect Foreign Princes
into this Society of Honour, hath been expressed in the _Commissions_
of _Legations_, _to be in Respect of their glorious Merits, ennobled by
the lustre and grace of their Heroick Virtues, their eminent Nobleness,
Grandeur, Prowess, and Magnificence; the renown of which, Fame had
divulged and spread Abroad throughout the World_.
Where the Advantage of the Sovereign’s Service was thrown into the
Ballance, no Consideration could outvie its Pretensions, as in 2 _H._
6. justifies; whose eminent Service for his King and Country, was the
sole Motive that crowned his Election: And the great Zeal and
Affection, which _John Jaspar Ferdinand de Marchin_ shewed for the
Cause and Service, and the recovery of the just Rights of King
_Charles_ II. was the strongest Inducement that swayed that Sovereign
to chuse him, in the tenth Year of his Reign, a Knight-Companion of
this most noble Order. But the last inducement is of the greatest
Latitude, for the _Sovereign_ has a Power to reject whosoever he
pleases, though they do exceed in multiplicity of _Voices_, and in
other _Qualifications_; and even to Elect a Person that’s but once
mentioned, as was shewn in the Person of _Casimire_, the fourth King of
_Poland_, _An._ 28 _Henry_ VI. who having only the single Vote of the
Lord _Scales_; yet upon respect to the _Sovereign_, how advantageous he
might be for his, and his Kingdom’s Interest, obtained the Election.
And of later Date, (as the Preambles for the carrying the Ensigns to
Foreign Princes set forth) the Advantages the Sovereign has conceived
to possess himself of, in the improving, confirming, and establishing,
of a most strict and _inviolable Bond_ of Friendship, and fair
Correspondence, between him and Foreign Princes, their Realms and
Subjects, hath been a grand Inducement to Elect such Princes into this
most noble Order.
§ 14. Upon the vacancy of any of the _Knights-Companions_ Stalls, the
_Election_ of others to supply those, is a Prerogative of the
_Sovereign_, and in some Cases to his Lieutenant; for it’s recorded in
the _Black Book of the Order_, in _Henry_ VIII’s Statutes: That _if any
Stalls fall Vacant, it should belong to the Sovereign, to Elect new
Knights, wheresoever he was Resident_; upon Condition, the Chapter
consisted of six compleat _Knights-Companions_; but if he chanced to be
out of his Realms, and the Number was deficient, and that his
Lieutenant held the _Feast of St. George_ at _Windsor_; in such a Case
the _Election_ belongs to the _Lieutenant_, who is first to be
certified of his _Sovereign_’s Pleasure, and what Esteem _he_ has for
the Candidates, to the intent such Information may guide, or direct his
Election.
This Power of _Election_ is fully acknowledged, by the
_Knights-Companions_ themselves, to be in the Sovereign; as the
fragment of a Letter demonstrates, sent from _the Chapter_, convened at
_Windsor_, upon the _Feast of St. George_, to _Henry_ V. then in
_France_; viz. _That the Sovereign, in what Place soever residing, may,
as is most fitting, Elect into a vacant Stall, (there being a
sufficient Number of Knights called to this Election) such as he shall
judge serviceable to his Crown, or do exceed others in deserts, and
nobleness of descent_: And at publishing the _Election_ of _Duke
Emanuel_ of _Savoy_, in the Reign of _Philip_ and _Mary_, who were
_joint Sovereigns_ of the _Order_; it’s styled, The Election of the
_King and the Queen_.
This grand Prerogative of the _Sovereign_ being not duly weighed by
_Polydore Virgil_, occasioned his tripping in this Affair, and drew
in _Claudius Coteræus_ into the same palpable mistake; for writing of
this _Order_, and the Succession of new Knights, reports in his
History of _England_, That _one Knight is received in the room of
another deceased, by the Choice and Election of all the rest_; and
_Erhard Celly_ in his _Anglo-Wirtemb._ does as falsely affirm, _That
no Person may be received into this Order, not so much as by the
Sovereign, unless with the common Consent and Suffrage of all the
Knights-Companions_.
But these Passages are altogether erroneous, the _Knights-Companions_
only _nominate_ the _Persons_, but the right of _Election_ remains
solely in the _Sovereign_ of the Order; for whosoever is honoured with
his Choice, is immediately admitted; and pronouncing barely the Name of
the Person in Chapter, constitutes the Election. After the Scrutiny
hath been taken, and presented to the Sovereign, he peruseth it
himself, or the _Chancellor_, or some other Officer of the _Order_ that
gathered it, reads it over to him; afterwards the Sovereign resolves
forthwith, upon some one or more of the Knights, contained in the
Scrutiny; and then publickly declareth the _Name_ of him, or them, he
does _Elect_; and by the bare Act of his _Pronunciation_, they Commence
Elected Knights; except now and then the Sovereign is pleased to give
his Reasons, why the Knight is Elected by him.
But though this Act of _Election_ be solely in the _Sovereign_, yet the
Consent of the _Knights-Companions_ is frequently recorded in the
_Annals_, and sometimes mentioned in the _Commissions_ of _Legations_
to _Foreign Princes_; not that the single Act of _Election_ is, in
truth, the Act of the whole Chapter, or is made invalid, without the
joynt Consent of the _Knights-Companions_, present at the Election; but
their Consent so expressed, is to be taken as an honorary Respect given
them by the Register, intimating rather an Applause, or Commendation of
their _Sovereign’s Choice_, as being in their Opinions Just and Right,
according to the Merit of the Elected, than a material Circumstance,
tending to the Ratification of the Election made by the Sovereign, as
if defective without it.
§. 15. Among other Duties incumbent on the _Register_, and expressed in
the Statutes of the _Order_, this is one: That the Register’_s Office
is to set down, and record for a Memorial, the Elections (or
Scrutinies,) and Names of the Knights Elected_: But in succeeding Times
a Scruple arose, if this was not needless, when the _Scrutiny_ should
be taken, yet no _Election_ made; to clear up which doubt, in a Chapter
held in 5 _Elizabeth_, on St. _George_’s-_Day_, it’s recorded as the
Sovereign’s Will and Pleasure, that thenceforward it should be Enacted,
and received as the Sanction of a _Law_, within this Order; _That if
any Nominations were taken from the Knights-Companions, the same should
be entered into the Annals, though there were no Election made of any
Person into the Order at that Time_: Which we presume was so Decreed,
out of great deference to those Princes and noble Personages, who, in
descending Times, should, by the glory of their Exploits, appear but
worthy of a _bare Nomination_ into so resplendent and illustrious an
Order. And in pursuance of this _Decree_, there is frequent mention
made of the delivery of the _Scrutiny_ into the Hands of the Register,
in order to be Recorded.
The Blue Book says, _Anno_ 22 _Elizabeth_; _That the Chancellor
himself_ delivered the _Knights-Companions Votes to the Register, to be
committed to Writing, for a perpetual Memorial; and accordingly the
Register, as his Duty obliged him, transcribed them, and put them in
their proper Place, with all Care and Fidelity_. _Anno_ 34 of the same
Queen, ’tis said, _the Votes were delivered to the Register, who took
care to Record them, according to usual Order_. Yet maugre this Law,
the Entry of Scrutinies hath been sometimes omitted, either by the
_Register_’s forgetfulness of the Decree, or some accidental
Miscarriages. In some Places of the Annals, in the room of
_Scrutinies_, we find Excuses entered, as it’s said, _Anno_ 28
_Elizabeth_; that the _Prelate_, immediately after _Vespers_, presented
the Scrutiny to the Sovereign; but because there was no Election made
of any new _Knights_, in regard of hurry, or weighty and pressing
Affairs, it was laid aside, and _through Neglect lost_, or at least
came not into the _Register_’s Hands, to be inserted in its proper
Place. And when the Dean of _Windsor_ collected the Scrutiny at
_Vespers_, _Anno_ 18 _Elizabeth_, it’s said, _No Election was made, nor
any thing else done_: The like Excuse is made, _Anno_ 5 _Charles_ I.
but the Fault is thrown upon the Chancellor; for though the Scrutiny
had been taken by him, during the _Vespers of the Feast-Day, yet would
he not suffer it to be entered_. In some Places we find, _Anno_ 31
_Elizabeth_, the _Votes_ being presented, _they were left with her_.
And _Anno_ 11 _Charles_ I. the Scrutiny of _Algernoon_ Earl of
_Northumberland_ never came to the Register’s Hands.
But the Law yet remains in force, that all _Nominations_ and _Votes_ of
the _Knights-Companions_ ought to be enter’d among the _Annals_,
whether Election be made or not, unless it shall please the
_Sovereign_, upon some Emergency, to forbid it: As appears but by one
Example of such a Prohibition, _viz._ _Anno_ 40 _Eliz._ where, by the
Queen’s special Command, the _Scrutiny then taken was not recorded
among the Acts of this most Noble Order_. But then it is declared, That
_the Register took care to set down all the Passages as they happened,
the Names only excepted_. And why the _Scrutiny_ is not inserted in the
_Registry_, _An._ 44 of _Eliz._ gives this Account: That upon
assembling the _Knights-Companions_, it seemed good to the Sovereign,
for several urgent Reasons, best known to her self, to give
Commandment, That for that time, _they would wholly forbear all
Scrutiny of Votes, and Nominations of Persons_; except which, there was
nothing wanting to heighten the Solemnity of that Assembly: But this in
the _Annals_ is said to be _præter morem_, contrary to the usual Custom.
§ 16. _Anno_ 27 of _Eliz._ there is a remarkable Occurrence, not to be
passed over; for the Earls of _Rutland_ and _Derby_, the morrow after
St. _George_’s Day, were desirous to have seen the _Scrutiny_, which
was committed into the Custody of the Dean of _Windsor_, to be
registred, in pursuance of the before-mentioned Decree, _Anno_ 5
_Eliz._ but he returned a modest denial, and said, _It ought not to be
seen before it was register’d_. The Earls, not satisfied with this
Answer, requested the Opinions of the _Knights-Companions_, present at
the Feast, on this Affair; who, upon mature Deliberation, adjudged the
Point against them; and since it has been a standing Rule, that no
Knight-Companion ought to see whom the other hath named.
§ 17. It hath chanced, that tho’ the _Nominations_ for _Election_ have
been received, presented and perused, yet the Sovereign hath thought
expedient to defer it, upon several Considerations, and principally
where an intent was to keep an open Stall; but we must understand this
of such _Scrutinies_ as are taken of Course, at the _Vespers_ on the
Feast-day.
And the most memorable Example of this Kind, is that of the Emperor
_Sigismond_, who expired in the 16th Year of K. _Henry_ VI. whose Stall
was reserved Twenty One Years, and then determined, that Prince
_Edward_, the Sovereign’s only Son, should fill it up, being at that
time about Six Years of Age. This is the first Emperor, whose Election
we find register’d in the _Annals_, being about the 7th of _May_, in
the 4th Year of _Henry_ V. styled _Sigismundus Imperator Almanicus_.
And keeping a vacant Stall was sometimes given as a Reason by the
Sovereign for his deferring an Election, as is plain from _An._ 13.
_Car._ I. when the Scrutiny taken the Day before was read over in the
Chapter-House, the Sovereign declared, _That he would receive no Man
into the Order before his Son_ Charles. Whereupon all the
Knights-Companions gave their Opinions, _That this Resolution was
rather the effect of Justice, than Fatherly Indulgence; since they all
acknowledged him, to be more a Prince by Merit, and towardliness of his
Youth, than by the Fortune of his Birth_. At which the Sovereign
expressed his Satisfaction no otherwise than by Silence.