The History of the Most Noble Order of the Garter
Part 11
18 _Edw._ IV. his Feoffees, the Queen, the Arch-Bishop of _York_, and others seised to the Use of the King, demis’d to them the Mannor of _Wykecombe_, call’d _Bassetsbury_, the Fee-Farm of the Town of _Great Wykecombe_, the Mannor of _Crendon_ in _Com. Bucks_, and the Mannors of _Haseley_ and _Pyrton_ in _Com. Oxon_: And that Year the King gave unto them the Advowson of the Church of _Cheshunt_, being of his own Patronage, provided the Vicarige was sufficiently endow’d, and a compleat Sum of Money annually distributed among the poor Parishioners, according to the Diocesan’s Ordinance. To these he united the Custody or Deanry of the Free Chapel of _Wolverhampton_ in _Com. Staff_. to the Custos or Dean of this College, and his Successors for ever; which Church, _cum membris_, is exempt from not only the Jurisdiction, _&c._ of the Bishop of _Litchfield_ and _Coventry_, but by a Papal Bull from all Legates and Delegates; nor is it subject to any terrene Power, but the King of _England_ alone, and under it to the perpetual Visitation of the Keepers of the Great Seal, _pro tempore_.
20 _Edw._ IV. he resign’d to them the Advowson or Patronage of the Prebend of _Ewern_ in _Com. Dorset_, with all its Rights and Privileges: And lastly, in the 21st Year of his Reign, he granted them Two Parts of the Mannors of _Old Swynford_ and _Gannow_, in _Com. Wygorn_. and the Reversion of the Third Part of them, with the Advowson of the Church of _Old Swynford_; nor was he thus munificent alone, but excited and spurr’d on others to the like Example, licensing, in the first Year of his Reign, all his Subjects to confer what they pleas’d to the Dean and Canons, within the Value of 300 Marks _per Annum_, as well such as held of him _in Capite_ or otherwise, notwithstanding the Statute of _Mortmain_; and afterwards increas’d this License to Lands of 500 _l._ _per Annum_ Value, (which King _Hen._ VIII. extended to 1000 _l._) Hereupon, _Anno_ 20 _Edw._ IV. _John_, Duke of _Suffolk_, and _Elizabeth_ his Wife, the King’s Sister, were permitted to assign to them the Mannor or Lordship of _Grovebury_, otherwise call’d _Leighton Busard_, in _Com. Bedford_, the Church of _Tintagell_ in _Cornwall_, as also Nineteen Messuages, Seven Tofts, One Hundred and Forty Acres of Land, Fourteen of Meadow, One Hundred and Forty of Pasture, One Hundred of Wood, and Four Shillings Rent in _Newford_ and _Blanford_, in _Com. Dorset_, and Seventy Messuages, Twelve Tofts, Five Hundred Acres of Land, One Hundred of Meadow, Two Hundred of Pasture, Forty of Wood, and Twenty Shillings Rent, in _Stokeley_, _Northall_, _Edelesburgh_ and _Rodenach_, in _Com. Bucks_, and Twenty Messuages, Eight Tofts, Three Hundred Acres of Land, Sixty of Meadow, Two Hundred of Pasture, Forty of Wood, and Twenty Shillings Rent, in _Compton St. John_, in _Com. Sussex_, and Ten Messuages, Nine Tofts, Two Hundred Acres of Land, Twenty of Meadow, One Hundred of Pasture, Ten of Wood, and Twenty Shillings Rent, in _Portsmouth_ and _Burghegge_, in _Hampshire_, and One Messuage, Three Tofts, Sixty Acres of Land, Six of Meadow, Forty of Pasture, and Twenty Shillings Rent, in _Stodeham_, in _Com. Hertford_, held of the King _in Capite_, without any Restriction whatsoever, for which the Duke and Dutchess were to be had in the perpetual Orisons of the Dean and Canons. The same Year Sir _Walter Devoreux de Feners_, Knight, together with Sir _John Devoreux_ and others his Feofees, made over to them the Mannor, Church, and perpetual Advowsons of _Sutton Courtney_ in _Com. Berks_.
All the before-mentioned Endowments are called the Lands of the old Dotation, to distinguish them from those confirmed on the College by King _Edw._ VI. which are term’d the Lands of the new Dotation; of which hereafter. But several of them given by King _Edw._ IV. the College never possessed, _viz._ _Atherston_, _Quarle_, _Uphaven_, _St. Burien_, _Fulburne_ Pension, _Brimfield_, _St. Elen_, _Charleton_, _Blakenham_, _Ponyngton_, _Wedon_, _Old Swynford_, and _Gannow_, and of some others they were seized but a short time, _viz._ _Chesingbury_, the Lands in _Newford_, _Blandford_, and _Portsmouth_. Besides these, the College was dispossess’d of _Gottesford_, _temp. Hen._ VI. of _Cheshunt_, _temp. Hen._ VII. _temp. Hen._ VIII. or a little before of _Wodemershthorn_, _Tylthey_, _Retherfeld_, _Levyngdon_, _Stoke-Basset_, _Stretham_, _Totingbeek_, _Fordham_, _Elthorp_, _Newenham_, and _Tollesworth_; afterwards they surrendred into the Hands of King _Hen._ VIII. _Eure_, _Clyff_, _Ashton_, _Rowhand_, _Kingston_, _Esthenreth_, _Northmundon_, _Compton_, _Weleg_, _Compton St. John_, and _Shobingdon_ Portion; and upon the _Reformation_ the College lost at least 1000 Marks _per Annum_, in the Profit made by St. _Anthony_’s Piggs, which the Appropriation of the Hospital of St. _Anthony_’s _London_ brought to it, and no less then 500 _per Annum_, the Offerings of Sir _John Shorne_’s Shrine at _Northmarston_ in _Com. Bucks_, a Man of great Piety and Veneration with the People, and sometime Rector there. The Advowson of this Church was appropriated to the Dean and Canons, by the Convent of _Dunstaple_, _temp. Edw._ IV. in exchange for _Wedenbeck_ in _Com. Bedford_.
THE Dean and Canons having convey’d unto K. _H._ VIII. the Mannor and Rectory of _Ivor_ in _Bucks_, the Mannor of _Dammery-Court_ in _Dorset_, and other Lands, Rents, Portions, and Pensions in the Counties of _Somerset_, _Hants_, _Middlesex_, _Oxford_, and _Sussex_, to the yearly Value of 160 _l._ 2 _s._ 4 _d._ for which they had no Recompence in his Life, that King, by his last Will, ordered them an Equivalent upon the Commutation and Agreement of an Exchange; which Will, King _Edw._ VI. his Son and Successor performed, as well for the Assurance of Lands, to the yearly Value of 600 _l._ to the Dean and Canons for ever, to the Uses in the Will, as for the Assurance of other Lands, of the annual Value of the said 160 _l._ 2 _s._ and 4 _d._ wherefore by Letters Patent, dated the 7th of _October_, in the First Year of his Reign, he granted them the Rectories of _Bradnynche_, _Northam_, _Iplepen_, _Ilsington_, and _Southmolton_ in _Com. Devon_, the Tithe of Corn of _Otery_, in that County, as also _Blossoms-Inn_ in St. _Laurence-lane_, _London_, the Tithes of Grain, _&c._ of the Rectory of _Ambrosbury_, in _Wilts_, and all the Tithes of _Bedwyn_, _Stoke_, _Wilton_, _Harden_, _Harden-Tunrige_, _Knoll_, _Pathall_, _Chisbury_, _East-Grafton_, _West-Grafton_, _Grafton-Martin_, and _Wexcomb_, the Prebend of _Alcannyngs_ and _Urchefounte_, the Rectories of _Urchefounte_, _Stapleford_, _Tytcombe_, and _Froxfeild_, all in _Com. Wilts_, and all the annual Pension of 8 _l._ issuing out of the Manner of _Icombe_ in _Com. Gloucester_, the Rectory and Vicarige of _Ikelington_ in _Cambridgeshire_, the Rectory of _East-Beckworth_ in _Surrey_, the Reversion of the Portion of Tithes of _Trequite_ in _Cornwall_, and the Rent of 13 _s._ 4 _d._ reserved upon the same, the Rectory and Church of _Plympton_, and the Chapels of _Plymstoke_, _Wembury_, _Shagh_, _Sandford-Spone_, _Plympton_, _St. Maurice_ and _Brixton_, in _Com. Devon_, the Rectory of _Isleworth_ and _Farickenham_ in _Com. Middlesex_, and _Shiplake_ in _Com. Oxon_, the Reversion of the Rectory of _Aberguille_, and of the Chapels of _Llanlawet_ [_Llanbadock_] and _Llanpenysaunt_, with the Rent of 30 reserved thereon, the Reversions of the Rectory of _Talgarth_, with the reserved Rent of 11 _l._ 6 _s._ 8 _d._ the Reversion of the Rectory of _Mara_ in _Com. Brecknock_, and 6 _l._ Rent, and that of St. _Germains_ in _Cornwall_, with 61 _l._ 13 _s._ and 4 _d._ Rent, to have and to hold, _&c._ forever, except the Tithes of _Woolpat_ and _Fitzwaren_ in _Wilts_, the Vicarige-House of _Ikelington_, Marriage-Money, Dirge-Money, and Mass-Money, and the whole Profit of the Bedrolls of _Ikelington_; nevertheless to pay the Crown in the Court of _Augmentation_, for the Rectories of _Aberguille_, _Talgarth_ and _Mara_, the Chapels _Llanbadock_ and _Llanpenysaunt_ 4 _l._ 2 _s._ 8 _d._ in the Name of Tenths, and for all Rents, Services, _&c._ of the other Rectories, _&c._ 48 _l._ 7 _s._ 4 _d._ annually at _Michaelmas_. Moreover, within all these Premises, the King granted them Court Leets, or Views of Frankpledge, and to levy Fines, Amerciaments, Free Warrens, Waifs, and Felons Goods, and all other Profits, _&c._ whatsoever, and the said Rectories, Tithes, Pensions, Rents, and all other Gifts and Grants in the Possession of the Dean and Chapter, were confirmed to them by Act of Parliament, 2 _Jac._ I.
THE ancient Rate of these New Lands in the King’s Books was 661 _l._ 6 _s._ and 8 _d._ _per Annum_; but according to the improved Rents, as they were then turned over to the College, 812 _l._ 12 _s_. 9 _d._ out of which 160 _l._ 2 _s._ 4 _d._ was yearly allowed them in Requital of their Lands passed to King _Hen._ VIII. and 600 _l._ _per Annum_, for accomplishment of his Will; but the remaining Sum, _viz._ 52 _l._ 10 _s._ 5 _d._ was reserved in lieu of Tenths, to be paid into the Court of _Augmentation_; nevertheless, this last reserved Sum was not assented unto by the Dean and Canons to be so paid, because the Charges issuing out of the Lands were larger than were expressed in the Rental. And we find that, shortly after, the Rents of St. _Germains_, _Northam_, _Ilsington_, &c. part of the New Lands, were received and accounted for, according to the old Rate in the King’s books, to wit, 162 _l._ 13 _s._ 4 _d._ _per Annum_, in Recompence for the Lands conveyed to King _Hen._ VIII. and out of which they paid a yearly Surplusage of 2 _l._ 2 _s._ 1 _d._ This Sum, together with the Rents of the rest of the New Lands, being upon the said Improvement accounted to be 597 _l._ 17 _s._ 11 _d._ made in all 600 _l._ _per Annum_; and this was laid out by the Dean and Canons for some time towards erecting the Alms-Knights Apartments.
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.