Part 19

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.

AT the first Erection of this Office, the Chancellor had no Pension awarded him, until the Constitutions in reference to the Officers were Established. At that time there was conferr’d on him a Pension of 100_l._ _per Annum_, in consideration of his Employment, or else an allowance proportionate in Fees, Offices or other Promotions, over and above his Lodgings in the Castle, and Liveries at Court. But as to Fees and Perquisites, there are none to be Claimed by this Officer; and for that Reason, he not only possesses the said Pension, but all his disbursements allowed him, even to Paper, Wax, and Wafers; and indeed those who enjoyed the Office esteem’d it as a degradation of their Post, to receive either fee, or gratuity for any affair Transacted within the Order; and Sir _Thomas Rowe_, sometime Chancellor, affirmed _That his Office was an Office of Honour, and not of Fees, and that he had always excepted against Fees, for the disbursement of the Sovereign’s Money_: Tho’ he acknowledged some had bestowed on his Clerk a small gratuity, for the bare Ingrossing of an Alms Knights Patent, but nothing farther.

AND because the Custody of the Seals of the Order, appertains to this Officer; it will be here the fittest Place to mention something of them. By the Statutes of _Edw._ III. they were to have a Common Seal. This is confirmed by the Statutes of King _Hen._ V. and since named the Great Seal of the Order. The use of this is not only to Seal the Original Statutes, appointed to remain perpetually within the Treasury of _Windsor_ College, as also those Copies of which each Knight-Companion is obliged to conserve one, but likewise all Letters of Licence to any of the Knights-Companions desirous of winning Honour abroad, and all Mandates and Certificates, relating to the Order.

AFTER what Model the first Seal was compos’d, we have no exact Relation. _Polydore Virgil_ tells us, That when the Founder of the Order had fixed Choice of St. _George_ for its Patron, he represented him Armed, and Mounted on an Horse, bearing a Silver Shield, and thereon a Red Cross, but whether St. _George_ thus designed, was on the first Seal, or only a Scutcheon of his Arms, as in latter times, is uncertain. But his Author observes that the Founder Habited his Soldiers in white Jackets or Coats, and on their Breasts and Backs sowed Red Crosses, parallel to the Arms assigned to St. _George_, as well as to the Kingdom of _England_, put under his Patronage, which Arms the Sovereigns of the Order, have ever since exhibited in their Standards. But besides this Common Seal King _Hen._ V. in the 9th Year of his Reign, Instituted a privy Signet, in case the Sovereign should be called out of this Kingdom upon weighty Affairs. The intent thereof was to affix it to all Acts passed by the Sovereign beyond Sea, to distinguish them from those of his Deputies in _England_. King _Hen._ VIII’s Statutes, Ordain the making both of a Common Seal and Signet, and direct that the Arms of the Order should be Engraven upon each of them. The Common Seal used in his Reign was a Garter, within it a Shield having the Cross of St. _George_, impaling the National Arms, the said Shield encompassed with two Branches hanging from the Regal Crown, which debruses part of the Garter; the Signet being designed after the same manner, but less: _Temp. Jac._ I. it suffered no other alteration, but only in the National Arms, by admitting the Quarterings of _Scotland_ and _Ireland_, and new-fashioning the Crown, omitting the suspension of the Shield.