Part 21

AT St. _Georges_’s Feast, Celebrated at _Windsor_, 22, 23, and 24 of _April, Anno_ 15 _Car._ II. Sir _Edward Walker_ then Garter, representing by Petition, that the annual Pension of the installed Knights then in Arrear for one Year, amounted to 94 _l._ 13 _s._ 4 _d._ according to their proper proportion, the Sovereigns Share, (he being to pay for all stranger Knights) amounted at that time, to 32 _l._ 13 _s._ 4 _d._ and humbly praying that his Majesty would grant to him and his Successors an 100 _l._ _per Annum_, out of the Revenue settled to the use of the Order, in lieu not only of those said Pensions, payable from the Sovereign and Knights-Companions, both Strangers and Subjects; but for resigning his Claim to his annual Pension of 50 _l._ in consideration for preparing Scutcheons and removal of Atchievements. This Petition the Sovereign was pleased to refer to a Committe of the Knights-Companions, who, namely the Duke of _Albemarl_, the Earls of _Lindsey_, _Manchester_, _Sandwich_, and _Stafford_, who being attended by Garter, and weighing the event of the Petition, offered their opinions to the Sovereign, to grant him the said 100 l. _per Annum_ in lieu of what he offered to quit, whereby the interest of this Office might be preserved in a more compendious Method than it was, his Majesty exempted from those small payments for Strangers, and the Knights-Subjects themselves were discharged from their annual Pension, and his Majesty ratifying the same shortly after, Sir _Henry de Vic_, the Chancellor, was ordered to pay unto Garter, and his Successors the said annual Pension of 100 _l._ which was accordingly put in Execution, as an Equivalent for all Fees and Salaries relating to the Order of the Garter.

THE Duty of this Officer in general is, to perform, or cause to be effected all Transactions whatsoever, the Sovereign, or Prelate, or Chancellor shall enjoyn him, in relation to this Most Noble Order.

§. 5. THE fifth and last Officer is the _Black-Rod_. This Officer was instituted by the Founder, King _Ed._ III. but whether at the first Erection of the Order doth not appear. Howbeit, within a few Years after, 35 _E._ III. the King conferr’d to _William Whitehorse_, Esq; for Life, _Officium Hostiarii Capellæ Regis infra Castrum de_ Windesore, with a Fee of 12 _d._ a Day out of his Exchequer.

_Anno_ 3 _Hen._ IV. this Office is called _Officium Virgarij comitivæ de la Garter infra Castrum Regis de Windesore_; and under that Denomination was confirmed to _Thomas Sye_, with the Fees and Emoluments thereunto expressed. In the Patent to his Successor, _John Athilbrigg_, _Ann._ 1 _H._ 5. it is stiled, _Officium Virgarij sive Ostiarij_, &c. Afterwards it hath the Title, _Officium Virgæ-bajuli coram Rege ad festum Sancti_ Georgii _infra Castrum Regis de_ Windesore. And ever since it runs in the Patents by the Appellation of _Virgæ-Bajulus_, _Virgarius_, or _Nigri-vergifer_. But in the Constitutions of his Office, he hath the Title of _Hostiarius_; and under the restriction of these Qualifications, that he be a Gentleman of Blood and Arms, born within the Sovereigns Dominions; and if he be not a Knight at his admission into the Office, he ought then to be Knighted. As _Garter_ was Entituled the Principal Officer of Arms, so was the _Black-Rod_, for the Honour of the Order, appointed the Chief Usher in the Kingdom. And as he is so, and frequently called Gentleman-Usher of the _Black-Rod_, so we shall wave, as we did in _Garter_, all things appertaining to his Employments, otherwise than what directly is included in this Most Noble Order.

IN a Chapter held at _Whitehall_, the 13th of _February_, 6 _Car._ I. It was decreed, _That the Office of the Black-Rod should from thenceforth successively, as soon as the same should become void_ (_James Maxwell_, Esq; then enjoying it) _be annexed to some one of the Gentlemen-Ushers, Daily-waiters, whom the Sovereign should appoint_.

THIS was carried upon the Petition of the Gentlemen-Ushers, Daily-waiters, seconded by the Lord Chamberlain, the Earl-Marshal, and others, Knights-Companions; as is evident from another Petition of theirs to the Sovereign in Chapter, assembled at _Oxford_, the 17th of _January_, 20 _Car._ I. But some Years after this, 1642. the Lord _Lanrick_, Secretary for _Scotland_, had on Mr. _Maxwell_’s behalf, obtained the Sovereign’s Warrant for Letters-Patent under the Great-Seal, for two Lives, _Maxwell_’s and Mr. _Alexander Thayn_, the longest Liver of them; whereby the said Decree was frustrate to the Gentlemen-Ushers; of which making Complaint in the last mentioned Chapter, the Sovereign and Knights-Companions (in regard this latter Grant was not only repugnant to the preceding Decree, and the Great-Seal surreptitiously gained, but ought likewise to have passed the Seals of the Order) order’d _Peter Newton_, Esq; to be presently sworn into this Office. Nevertheless, after the Restoration, _A. D._ 1660. _Newton_ being then dead, the Gentlemen-Ushers, Daily-waiters, Petition’d again, and _Thayne_ was demanded to put in his Answer; and the result of the whole was, after mature Deliberation in a Chapter held at _Whitehall_, the 20th of _February_, 13 _Car._ II. the Decree which fix’d this Office to one of the Gentlemen-Ushers Daily-waiters, was confirmed, and _John Ayton_, one of the Petitioners, was sworn Gentleman-Usher of the Black-Rod, which was performed by the Register in the Presence of the Sovereign, the Chapter sitting.

THE Form of the Oath given to this Officer, _temp. Hen._ VIII. was, _Truly and Faithfully to observe and keep all the Points of the Statutes of the Order as to him belonged and appertained_.

HE hath the like Habit with the Register and Garter before described, but his Ensign and Badge is somewhat different from Garter’s; for first, it was ordained, _That he or his Deputy should carry a Black-Rod_ (whence he hath his Title) _before the Sovereign, or his Deputy, at the Feast of St._ George, _within the Castle of_ Windsor, _and at other Solemnities and Chapters of the Order_. On the Top of which there ought to be set a Lyon of _England_. This Rod serves instead of a Mace, and has the same Authority to apprehend Delinquents, and such have offended against the Statutes of this Most Noble Order. And where he apprehends any one of the Order, as Guilty of some Crime for which he is to be expell’d the Order, the manner of it is by touching them with this Black-Rod, and his Fee for it, is 5 _l._

HE has assigned him a Golden Badge to be openly worn in a Gold Chain, or Ribband, before his Breast, composed of one of the Knots in the Collar of the Order which tye the Roses together, and encompassed with a Garter, being alike on both sides; which was conferred on him and his Successors, by Decree in Chapter, held the 24th of _April_, 8 _Eliz._

’TIS as ancient as _Hen._ Vth’s Reign, for there’s a House in _Windsor_ Castle granted to this Officer by Letters-Patent, during Life. And the same Provision is made for him by the Constitutions of his Office. It is situate on the South-side of the Castle in the middle Ward. The said Constitutions give him Baron-Service at Court, and Livery thereto appertaining; and besides these, the keeping of the said Castle, and the two Parks adjacent.

KING _Charles_ I. having taken into his Hands the little Park of _Windsor_, and bestow’d it upon _James Maxwell_, then Usher of the Black-Rod, He, at a Chapter held at _Whitehall_, the 5th of _November_, 1629. decreed, That as the Custody of the said Park was conferr’d on _Maxwell_ in right of his Office; so the same should for ever after be annex’d thereto, and not to be disposed of but under the Great Seal of the Order, and that only to the Usher of the Order for the time being.

LASTLY, this Officer had anciently a Fee of 12 _d._ _per diem_, which we find continu’d down in the Letters-Patents, whereby this Office was granted. Besides which, the Constitutions of his Office allow him an annual Pension of 30 _l._ heretofore paid him out of the Exchequer, but by King _Charles_ I. assigned him out of 1200 _l._ _per Ann._ settled upon the Order; touching which, and the Payment of the Officers Pensions upon the new Establishment, is the next Section.

§. 6. KING _James_ I. taking into his Royal Breast, the Constitution of this Most Noble Order, that it was in the Nature of a Distinct Sovereignty, govern’d by Laws and Conventions proper to the Body, and himself as Sovereign in Matters immediately relating thereunto, had the sole and uncontroulable Authority of revising, adding, or explaining; and finding that the Pensions paid to the Officers of the Order (as those to the Alms-Knights) and some other Expences, had been anciently made payable out of his Exchequer by vertue of the Great Seals of _England_, or otherwise by Privy-Seals; and conceiving it incongruous, that the Officers should claim their Pensions by vertue of any other Seal than that of the Order, for it is in some kind derogatory to the Honour of the Order, to permit other Seals to be used within the same: He thereupon with twelve Knights-Companions in a Chapter held at _Whitehall_, the 22d of _May_, 20 _Jac._ I. passed a Decree, _That all things concerning the Order should hereafter be ratify’d under the Seal of the Order only, and in particular, that the Grants of poor Knights Places, after their being Signed by the Sovereign, should be passed under the Seal of the Order only, and none other_. And the Year following, the Chancellor was ordered, _That he should take Advice of the Sovereign’s_ Attorney-General _how by Vertue of the Seal of the Order, the Pensions_, (given to the Poor Knights) _might be paid and receiv’d_, His Majesty’s further Pleasure being, _That all Grants and Payments concerning the Order, should afterwards be confirmed under the Seal of the Order only, and by Vertue thereof_.

AS to the Alms-Knights Patents, this Decree was of Force and Validity, but in the other Generals, how far it was pursu’d we know not; for in some of them it grew obsolete and useless. But in a Chapter called at _Windsor_, the 22d of _April_, 10 _Car._ I. a Debate arose about setting a Part of the Annual Summ of 1000 _l._ out of the Receipts of his Majesty’s Exchequer, to be employ’d particularly in discharge of Expences towards the Feasts of the Order, Legations to Foreign Princes, Payment of the Officers Pensions, _&c._ disbursed for the Necessity and Reputation of this Noble Order. Afterwards at a Chapter held the 18th of _April_, 13 _Car._ I. that Sovereign ratify’d his Royal Assignation, and increased his Bounty to 1200 _l._ _per Ann._ setling it for those designs in a Perpetuity for ever, and making it payable out of the Customs in the Port of _London_, but to be received by the Chancellor of the Order for the time being, as Treasurer of this Money, of which he was to give up an Account to the Sovereign and Knights-Companions yearly at St. _George_’s Feast. And in pursuance of this Ratification, the Attorney-General had Instructions to draw up a Book for his Royal Signature to Warrant its passing under the Great Seal of _England_, which was dispatch’d, the Letters-Patent bearing _teste_ at _Westminster_, the 23d of _January_, 13 _Car._ I. Immediately after, Sir _Thomas Rowe_, the Chancellor of the Order, presented a List of the ordinary Fees and Charges of the Order, upon which it was agreed to, _That there should issue out a standing Commission to the Chancellor under the Great Seal of the Order to warrant the Yearly Payments, and he to be discharged according as the said Patent had provided_. This Commission passing the Great Seal the 3d of _May_, 14. _Car._ I. the Sovereign thereby impower’d the Chancellor to make payable out of the yearly Revenue of 1200 _l._ all and every the yearly Fees, Pensions, Salaries, and other Payments due and payable to the Officers of the Order, Alms-Knights, or others, appertaining to the Order, either by Charter, Grant, or Assignation under the Seal and Signet of the Order, or by any other Lawful way whatsoever, and in particular,

_l._ _s._

{Himself as Chancellor 100 0} {Register of the Order 50 0} To {Garter Principal King of Arms 50 0} _per Ann._ {Usher of the Black-Rod 30 0} {Thirteen Alms-Knights 237 5} ------- Total 467 5 -------

AND Sir _Thomas Rowe_, and in his Absence beyond Sea, Sir _James Palmer_, Deputy-Chancellor receiv’d out of the Sovereigns Receipts of Subsidies, Customs and Imposts, the 1200 _l._ _per Ann._ out of which they paid the Annual Pensions above-named, under the Title of _certain_ and _ordinary Charges_, as also such as come within the Denomination of Accidental and Extraordinary Expences; of which kind in their time, were,

_Mantles, when the Sovereigns pleas’d to bestow them on the Knights-Companions._

_Plate for the Altar in St._ George’_s_ Chappel _at_ Windsor.

_Embroidery of the Purse for holding the Seals._

_Removal of Atchievements and Plates against Installations._

_Escutcheons set up at St._ George’_s_ Feast.

_Privy Seals and Fees disburst for receiving the_ 1200 _l._ per Annum.

_Fees for Installation of Foreign Princes and Stranger-Knights._

_Parchment used in Dispensations and Prorogations._

_Blue Wax for the Seals of the Order._

BY which we are easily inform’d, what ought to be accounted extraordinary Expences, towards the Discharge whereof this Sum was to be employ’d as far as it would reach, to mitigate the Cost the great Wardrobe formerly stood taxed with, Provisions of the Order, both for foreign Embassies and Expences at Home.

THE Manner of the Chancellor’s passing his Account, as directed by the said Commission, was thus done by Sir _James Palmer_, He humbly moved the Sovereign in Chapter held the 10th of _October_, 15 _Car._ I. That it would please him to view the Disbursements made for the Expences of the Order, which thereupon being Examined by the Knights in the Sovereign’s Presence, the same were found agreeable to the Directions of the Commission, and the Payments justify’d by the Acquittance of every Officer to whom any Fee was due, no Payment having been made without the Sovereign’s Hand first to Authorize it: All which being seen and allow’d, the Account (wherein his Disbursements exceeded his Receipts 37 _l._ 13 _s._ 10 _d._) was esteemed Equitable and Just, and passed by the Subscription of _Charles_ then Prince of _Wales_, the Earls of _Pembroke_ and _Montgomery_, _Salisbury_, _Holland_, _Berk-shire_, Duke _Hamilton_, and the Earl of _Northumberland_.

§. 7. THE Executions of these Offices is the last thing here to be described: For tho’ all the Officers are strictly obliged to give personal Attendance to their Offices; yet, in case of Sickness, Absence out of the Kingdom, or other emergent Reasons, the Sovereign is pleased to dispence with them, and constitute others to Officiate in their stead, who on such Occasions wear the Robe of that Officer whom they represent, so in case of Vacancy, the Absence of the Prelate at the Grand Feast celebrated at _Windsor_, 31 _Hen._ VI. is noted in the _Black Book_ to have been upon just Cause, and the Bishop of _Bangor_ officiated Divine Service, and next Morning celebrated the Mass _pro defunctis_. The following Year, his Place in these religious Duties was supply’d by the Bishop of _Salisbury_, as _Ann._ 36 and 37 _Hen._ VI. and at all times of the Prelates absence, the Sovereign hath made known his Will what Bishop should supply for him. The Office of Chancellor hath been executed by Proxies, and to this may first be referred a Passage in the _Black Book_, where Dr. _Taylor_ hath the Title of _Vice-Chancellor_. Of later times, when Sir _Thomas Rowe_ was employ’d in an Embassy into _Germany_, Sir _James Palmer_, Kt. (one of the Gentlemen-Ushers of the Privy-Chamber) was deputed by the Sovereign to the Chancellor-ship during his Absence, having the Purse with the Seals deliver’d to him the 4th of _May_, 14 _Car._ I. being sworn by the Register of the Order _durante deputatione & beneplacito Regis_, which Clause was likewise annex’d in the Deputy _Chancellor_’s Oath, 12 _Car._ II. Upon Sir _Thomas Rowe_’s return, and indisposition, 16 _Car._ I. Sir _James_ was again deputed _Chancellor_, and a third time, 18 _Car._ I. continu’d Deputy _Chancellor_ unto the Death of Sir _Thomas Rowe_, of which the Sovereign being inform’d at _Oxford_, 1644. reserved the disposal of this Office ’till Sir _James_’s return to Court, and then commanded him to wear the Badge and Ribband about his Neck, ’till a Chapter of the _Order_ compleated his admittance.

IN the Vacancy of the Register-ship, _Ann._ 2 H. VIII. _Thomas Ruthall_ Bishop of _Durham_, supply’d it: And _Ann._ 18 and 19 _Eliz._ Dr. _Day_, Dean of _Windsor_, executed the Office, and attended at the Feasts of St. _George_, as Deputy-Register; Dr. _George Carew_ then Register, having Licence by his Patent to execute it by himself or Deputy, being dispenc’d with by the Queen in case of Sickness, or other Impediment. After his Decease, Dean _Day_ was commanded to execute the Office during its Vacancy (being 14 Years) which he effected ’till he was advanced to the Bishoprick of _Winchester_, _An._ 38 _Eliz._ upon which, Dr. _Robert Bennet_ (who succeeded him in his Deanry) was the same Year admitted Register. Afterwards, Dr. _Beaumont_, being much broken with Age, and other Diseases, Dr. _John King_, the junior Canon, supplied his Place.

THE Office of Garter hath been supplied by Deputation: For in those Embassies with the Ensigns of the Order to Foreign Princes, where special Occasions detained Garter at home, some of the Kings or Heralds of Arms, have been order’d upon those Employments, upon the Recommendation of Garter to the Sovereign; whereof there are several Instances; the last of _Gregory King_, Esq. _Lancaster_-Herald, who lately carried over the Habit to the Elector of _Hanover_. So also in case of Vacancy; for we find that _Clarencieux_, King of Arms, executed this Office after Sir _Gilbert Dethick_’s Death, in _January_, 27 _Eliz._ being then sent with the Earl of _Darby_ to the _French_ King _Henry_ III. As also in Reference to the Preparations the 15th of _April_ following, and Service performed thereat, and at the Feast of St. _George_ ensuing.

THE Constitution of the Office of Black-Rod admit of a Deputy to bear the Rod before the Sovereign, where a lawful Occasion impedes his personal Service. And Sir _Peter Young_, (Chief Gentleman-Usher,) performed this Office at the Feast of St. _George_ held at _Windsor_, _Ann._ 6 _Car._ I. _James Maxwell_, Esq. Black-Rod, was in _France_ upon the Sovereign’s Service; and after, being Mission’d by the King into _Scotland_, _Peter Newton_, Esq; supplied his Place at the Feast at _Windsor_, 8th, 9th, and 10th of _October_, _Anno_ 15 _Car._ I.

CHAP. IX.

§. 1. WE come now to treat of the Election of a Knight into the Order, according to the Statutes of Institution, which Ordains, That whensoever any Knight-Companion happens to depart this Life, _The Sovereign (or his Deputy) after certain Notice had thereof, should forthwith by his Letters, Summon all the Knights-Companions then within the Realm (who were able to come) to meet him within Six Weeks after such Notice, in what convenient Place soever he pleased to assign for the Electing a new Companion into the Society_. Thus did the Law of this Most Noble Order, in case of Death, and to prevent Vacancies, at first provide; wherewith we evidently find the Practice of elder Times did punctually concur: For as soon as Garter, in Discharge of his Duty, had made Certificate to the Sovereign of a Knight-Companion’s Decease, or otherwise to the Register of the Order, all fitting Diligence was used to fill up the vacant Stall, within the Space limited by this Statute, or immediately after, and for the quicker Dispatch, Letters of Summons were issued to the Knights-Companions, to give personal Attendance at the Election. In an ancient one upon the Death of Sir _Henry Fitz Hugh_, Knight-Companion, _Temp. Henry_ V. these particulars were no less pursuant to the Statutes, than worthy Observation.

“I. The Day whereon the defunct Knight-Companion died is therein set down.

“II. Direction is given for celebrating Masses, according to the Tenor of the Statutes.

“III. Intimation that a Stall is become void by the Knight’s Decease.

“IV. The Law of the Order vouched, which appoints an Election of another Knight within six Weeks after Certificate made of the Death of the former, to avoid as much as may be an interval in Succession.

“V. The Sovereign’s Power asserted where he sees Cause to Prorogue the Election.

“VI. An Injunction to attend personally at the Election, under a Penalty express’d in the Statutes.

“VII. The Day, Place, and Hour for Appearance is with certainty appointed, to the End all might Accommodate themselves to be present.

“VIII. The End of coming is mention’d with full Disposition and Preparation _to perform what the Statutes in this Case requir’d_.

“IX. Lastly, Direction is there given to the Knight summoned, that in case his coming to the Chapter was impeded, he should certifie the Reason of his Default against the time of his Appearance, of the Validity whereof the Sovereign was to be sole Umpire.”

AND generally of these Topicks, and to this Purport were the Letters of Summons in succeeding times composed.

THE before-mention’d Branch of the Statutes of Institution hath been sufficiently enforced by Incorporating it into the Statutes, _temp. H._ V. and _H._ VIII. nor hath it since undergone any Alteration; howbeit some further Addition and Explanation were annexed to them, 21 _Jac._ I. at a Chapter held at _Windsor_ the 24th of _April_ that year, where it was decreed, _That the Sovereign being advertised of the Death of a Knight-Companion, the Knights-Companions remaining at Court should move him to declare his Pleasure whether he would that Letters should be sent to all the Knights-Companions within the Realm to attend his Person for the Choice of a new Knight, at a Day by the said Sovereign appointed, according to the ancient Statutes of the Order, or be pleas’d to defer the Election until the Feast of St._ George, _at what time Elections have been most usually made; and according as he resolv’d in what Place it should be, so it ought_ (by Letters directed to the Knights-Companions within the Realm) _to be made known unto them_.

This Deferring, or Prorogation of the Election, was no new thing, tho’ not indulged by the Statutes, or declared Law, before this 21 _Jac._ I. as is evident by the Letter of Summons sent after the Death of Sir _Robert D’Umfrevil_, Knight Companion, _temp. H._ 4. wherein Notice is taken of the Limitation given by the Statutes, after Certificate of Death, _viz._ Six Weeks, within the Space whereof a new Election was to commence; yet where a Chapter for Election could not conveniently be summoned within that limited Time, it was sufficient if the Soveraign declared as he did in the said Placart and entered in the Black Book, _That being then involved in other Business, he could not well attend this Affair, and therefore deferr’d the time for Election, unto the Eve of St._ George _next following_.

But of later Date, this formal Way of Summons by Letter, hath been 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.