Part 22

And here it is to be remarked, that no Knight Elect ought to be summoned to a Chapter of Election, or are rendered sufficient of giving their Votes therein, until they be compleatly installed, either in Person, or by Proxy. Nor indeed did any Necessity intervene, or require it till the late rebellious times, when the Castle of _Windsor_ being Garrison’d by the Parliament’s Forces, it was not possible for the Duke of _York_ and Prince _Rupert_, to take Possession of their Stalls, as the Law of the Order enjoined. Therefore the then Soveraign, whose Right it is, did, 17 _Jan._ 1644, dispense with their Installations in St. _George_’s Chapel, for the present, and invested them with the Privileges of the Order, among which the Power of voting in Chapter, was one: Provided those Princes should first take the Oath given at Installations, and afterwards perform the accustomed Ceremonies, so soon as it should be thought convenient, and the Castle was restored to the Possession of his Majesty. In compliance to which Proviso they both then took the Oath, and on the Eve of the first Feast of St. _George_ after the Restoration, the Duke was installed; and on the Eve of the second Feast, 15 _Car._ 2. by the Earls of _Northumberland_ and _Berk-shire_; and the Prince by the Duke of _Albemarle_ and Earl of _Lindsey_.

§. 2. _The Place of Election._] BUT at what time soever the Ceremony of Election is purposed, the same ought to be Celebrated in Chapter, (for so is the Assembly of the Sovereign and Knights-Companions call’d, where or whensoever conven’d) whether at the Solemnity of St. _George_’s Feast, the ordinary or most accustom’d Time, or on other Days specially set apart by the Sovereign; and when the Sovereign thinks fitting in the Interval of Feasts, to elect any Foreign Prince or other Person, Stranger or Subject, he often transacts it in peculiar Chapters called to that purpose, and then appoints both Day and Place, having that Prerogative. Some few Examples both of pristine, and of late Time, make it manifest and apparent.

Place. Day and Year. Knights elected.

{ _Alb. de Vasques Dalmadea_, 1. Sign of the _Lion_ } _July_ 11. { E. of _Averentia_. in _Brentford_ } 24 _H._ 6. { Lord _Beauchamp_. { Lord _Hoo_.

2. Sov. Bed-Chamber } _Nov._ 27. { Sir _Francis Surreyne_. at _Westminster_ } 25 _H._ 6. {

{ _Richard_ E. of _Warwick_. 3. _London_, within } _Feb._ 8th { Lord _Bonvile_. the Bishops Palace. } 39 _H._ 6. { Sir _Thomas Kyriel_. { Sir _John Wenlock_.

4. Tower of _London_. } _August_ 8. { _G. Ubaldus_, D. of _Urbin_. } 14 _Ed._ 4. { _H. Percy_, E. of _North._

} { _Edward_ Pr. of _Wales_. 5. Star-Chamber. } _May_ 15th. { _Richard_ Duke of _York_. } 15 _Ed._ 4. { _T. Grey_, Mar. of _Dorset_.

6. Sovereign’s } _Febr._ 10. { _Ferdinand_, K. of _Spain_. Bed-Chamber in the } 19 _E._ 4. { _Hercules_, D. of _Ferrara_. Wardrobe, _London_. } {

7. _Greenwich_, _July_ 14. 15 _H._ 8. Lord _Ferrers_.

8. _Calais._ } _Oct._ 27th. { _A. Montmor._ E. _Beamon._ } 24 _H._ 8. { _P. Chabot_, E. of _Newbl._

9. _Hampton-Court._ } _Jan._ 9th. { _Edward Seymour_, Earl } 32 _H._ 8. { of _Hertford_.

10. _Windsor._ } _Aug._ 6. 1 _&_ { _Emanuel_ Duke of _Savoy_. } 2 _Ph._ & _Mar._ {

11. _Whitehall._ } _Feb._ 8th. { _John Casimire_, Count } 20 _Eliz._ { Palatine of the _Rhine_.

12. _York._ _Sept._ 12. 16 _Car._ I. _Thomas_ Earl of _Strafford_.

BUT for the most Part since the Beginning of Queen _Elizabeth_’s Reign, _Whitehall_, the Sovereign’s almost constant Court and Abode, hath been the usual Place whereunto all the Knights Companions have been specially Summon’d, and peculiar Chapters assembl’d for Election in the Intervals between the Vacancy and St. _George_’s Feast. However, while King _Charles_ II. was in Exile, and wanted the compleat Number of Knights to constitute a full Chapter, he was necessitated not only to dispence with the Ceremony of Election in Chapter, but also in supplying the Defect of a Scrutiny, by making his own Election; yet after his Restoration, _Whitehall_ recover’d her wonted Honour, and _April_ the 1st. 13 _Car._ II. at a Chapter call’d and held in the _Bed-Chamber_ there, the Duke of _Richmond_, the Earls of _Lindsey_, _Manchester_, and _Strafford_ were elected.

§. 3. IN the next Place we are to consider what Number of Knights-Companions ought to be assembl’d to make up a compleat Chapter of Election.

BY the Statutes, there should be Six in Number at the least, besides the Sovereign or his Deputy; the due observance of which hath been so strict formerly, that Elections have been deferr’d where Chapters have been deficient in that Number; for Proof of which, the Duke of _Gloucester_, _Ann._ 9 _Hen._ VI. then Deputy to the Sovereign (at that Time in _France_) for Celebrating the Feast of St. _George_ at _Windsor_, forbore to proceed to Election, _because the Number of Knights-Companions there assembled was less than the Statutes requir’d_. And _Ann._ 10 _Hen._ V. no Election was Solemniz’d, tho’ one Stall was void by the Death of the Lord _Clifford_, and probably for that reason; for the Earl of _Bedford_, then the Sovereign’s Deputy, had but three Knights present with him, _Ann._ 22, or rather 23. _Humphry_ Duke of _Bucks_ being deputed to celebrate the Feast of St. _George_ at _Windsor_, altho’ there was at that Time four Stalls vacant, yet did no Nomination pass; one reason, _because there was not present a sufficient Number to compleat the Election_. So when the same King celebrated the Grand Feast personally at _Windsor_, _Anno_ 31. _Regni sui_, having but three Knights attending him thereat, the Election was Prorogu’d for the very same Reason; in like manner 32, 33 and 34 _Hen._ VI. the Elections were retarded, for at the first of them there were present but two Knights-Companions, besides the Sovereign’s Deputy; and at the Two last but four, besides the Sovereign, tho’ the _Registrum Cartaceum_, _Ann._ 33. names five by adding the Duke of _Somerset_. At the Feast of St. _George_ celebrated at _Windsor_, _A. D._ 1471. _Temp. Edw._ IV. the Sovereign fully resolving to Constitute an Election, and having but five Knights-Companions present, _Calys_, Pursuivant at Arms, was dispatch’d to _London_ for Sir _John Astley_ to repair thither and compleat the Chapter, rather than violate the Laws of the Order. _January_ the 31st. 21 _Car._ II. being design’d for the Election of _Christopher_ Duke of _Albemarle_, and there being Conven’d but five Knights at the Chapter, the Election was put off ’till the Third of _February_ following, at which Time a proportionable Number of Knights being present, his Election receiv’d their Approbation.

§. 4. YET in cases of Necessity only, and to illustrate the Power and Prerogative of the Sovereigns, where the Exigency requires it, tho’ not to be made use of where there is a possibility to perform the Rules and Injunctions of the Statutes, the Sovereigns for divers Reasons, have been induced to dispence with this Branch of the Statute for want of a plenary Number to compleat a Chapter. And the first Liberty observ’d herein, was made use of by King _Henry_ VIII. _Ann._ 26. _Regni sui_, who upon the Death of the Lord _Montjoy_, very speedily assembl’d a Chapter at _Whitehall_, where no more than five Knights-Companions being present, the Absence of the rest were excus’d by special Grace and Favour, and the _Injunction of the Statute_ (as the _Annals_ subjoin) _concerning the Number of Nominators_, were by the same Clemency dispenc’d with, because of the Exigency of the Time and Place, and immediately upon taking a Scrutiny, _James_ V. King of _Scotland_ was elected into the Fellowship of this illustrious Order, but from that Time to the Rebellion, there occurs not any thing of this Nature; but the Wickedness of those Days created new Exigencies and Projections, which occasion’d, or rather inforc’d the Sovereign, King _Charles_ I, most unwillingly to awaken and rouse up this dormant Prerogative, which he put in Execution at a Chapter purposely assembl’d for the Election of _Thomas_ Earl of _Strafford_, held at the City of _York_ the 12th of _September_, 16 _Car._ I. where at that Time and Place he dispenc’d with the Defect of Number of Six Knights-Companions, having then with him Four only, some of the rest being engag’d in his Service against the _Scots_.

AFTERWARDS when several of the Knights-Companions so much adhered to the _Long Parliament_, that all Summons were ineffectual to draw them to their Attendance upon their Sovereign, tho’ but to celebrate the Grand Festival of their Patron (much less to the compleating Chapters of Election) to which they were obliged by the Oath taken at their Installment, the Sovereign was constrain’d to extend further his Supreme Authority; and thereupon at the Feast of St. _George_, celebrated at _York_, the 18th, 19th and 20th of _April, Ann._ 18. _Regni sui_, in a Chapter held on the Eve of the said Feast by himself and but four other Knights Companions, It was Order’d, _That Letters of Dispensation should be drawn up for the insufficient Number_ (as wanting Six Knights) _to hold a Chapter of Election, and for Authorizing the Knights then present to deliver in their Votes according to Custom in other Scrutinies, that so the Sovereign might proceed to the Election design’d_. By vertue of which Dispensation, the Duke of _York_ and Prince _Rupert_ were elected Fellows of this noble Society.

THE like Dispensation was made at _Oxford_ upon the 2d of _March, Anno_ 20. _Car._ I. there being but five Knights-Companions present with the Sovereign; at which Chapter, _William_ Prince of _Orange_, and _Bernard de Foix_, Duke of _Espernon_, were elected.

LAST of all, in reference to the holding three several Chapters preparatory to the Feast of St. _George_, and grand Installation celebrated at _Windsor_ the 15th, 16th, and 17th of _April_, 13. _Car._ II (one of which Chapters was held for the Election of Four Knights, and to deliberate with the surviving Knights-Companions) the Sovereign was pleas’d the 29th of _March_ preceeding, to pass the like Dispensation under the Signet of the Order, and his own Sign Manual, for this defect; and thereby made those three Chapters as legal as if the Number of Knights-Companions had been compleat.

§. 5. WE are now arriv’d at opening the Chapter, whereinto neither the Sovereign, nor any of the Knights-Companions are to be admitted without the Ornament, both their Mantles and Garters, as the Statutes ordain, and the Law is still in force, tho’ the Chapter hath been assembl’d elsewhere than at _Windsor_. As for instance, one call’d at _Whitehall_ for the Election of _John_ Count Palatine of the _Rhine_, _Anno_ 20. _Eliz._ the Earl of _Huntingdon_, and the Lord _Grey_ of _Wilton_, not having their Mantles then at Court, were not permitted to enter into the Chapter to give their Votes.

KING _Charles_ I. determining to call a Chapter for electing the foresaid _Thomas_ Earl of _Strafford_ at _York_, where neither he nor any of the Knights-Companions then attending his Person, had the Robes of the Order with them; and taking into his Royal Consideration, the Statutes now mention’d, did by his Authority, as Sovereign of the Order, dispence with those Knights then present for coming into the Chapter without their Mantles.

AFTERWARD, upon other Emergencies that ow’d their Origin to the late Rebellion, the Sovereign did the like in some subsequent Chapters held at _Oxford_.

AFTER the Restoration, a Dispensation passed the Signet of the Order, dated the 10th of _January_, 12 _Car._ II. (the Great Seal being under the Hand of the Graver but not finish’d) He was necessitated to make use of his Supreme Authority for holding a Chapter the 14th of _January_ following, in regard the Knights-Companions then in being were not as yet provided of new Robes.

PRESUMING then, that a full Number of Knights, (in Obedience to their Summons) are attending their Sovereign habited in their Mantles and Garters, and entred into the Chapter-House at _Windsor_, or other Place appointed for this Assembly, the Sovereign having taken his Seat at the upper End of the Table, and given leave to the Knights-Companions to sit, the Occasion of their being call’d together is first declar’d either by the Sovereign himself, or the Chancellor of the Order by his Command.

THE next thing in Course, is to exhibit to the Sovereign Information of all the vacant Stalls; and if the Sovereign chance to be in Foreign Parts, an Information ought to be transmitted to him by his Deputy or Lieutenant; but if in _England_, and present in the Chapter, then to be presented him by the Chancellor, or in his Absence by the Register, or other Officer of the Order.

AFTER this they singly debate how the Place of the defunct Knight shall be supply’d, and sometimes (where two or more Stalls are found void) whether they shall be all fill’d up at that time, or if not, how many Knights shall be elected _pro hac vice_.

BUT when the Scrutiny is intended to be taken in the Choir of St. _George_’s Chapel at _Windsor_, these or the like particulars (referring to Election) are commonly consider’d of on the Feast-Day in the Chapter held immediately before Vespers, wherein it is most usually order’d, That the Scrutiny shall be taken in the Chapel that following Afternoon. And so it was decreed on St. _George_’s Day, _Anno_ 5. _Edw._ VI. _viz._ _That the Elections of Knights should be taken that Even-song in the Chapel_.

THIS being effected, the Chancellor begins to collect the Knights-Companions Votes, and this is frequently term’d the taking the Scrutiny: For the ampler View of the Nature of which Action and Ceremony, we shall proceed to certain Considerations preparatory thereunto, beginning with what concerns the Nomination of the Persons to be proposed to the Election.

§. 6. AND first, That Knights-Companions only present in Chapter, have the sole Right inherent in themselves, to nominate and propose Persons to the Sovereign’s Election, consentaneous to the Bodies of the Statutes, that even from the Institution of this Most Noble Order, it hath not ever suffer’d any deviations.

IT is worthy of Remark, that _Anno_ 26. _Eliz._ the Feast of St. _George_ being Celebrated at _Greenwich_, the Earl of _Warwick_, and Lord _Burleigh_ were seized with a Fit of the Gout, upon the Feast Day, which retarded them from Evening Prayer, whilst the Scrutiny was taken; whereupon we find their Indisposition of Body, and Absence, noted in that Scrutiny, where their Nominations should else have been set down, had they been present. And upon the same Occasion was what _Robert Cook_, Esq; _Clarenceux_, King at Arms, informs us, _That as for those Knights Companions who happen to be absent_ when the Scrutiny is taken, altho’ this Absence is _occasioned_ by Accident of Sickness, or with the Soveraign’s Licence, nevertheless, _in regard of this their Absence at that very time, their Votes may not be received_.

Those Knights Companions that come late to the Chapter, forfeit likewise the Privilege of giving their Votes for that time, which so happened to Prince _Rupert_, and the Earl of _Strafford_, at the Chapter held for the Election of _James_ Duke of _Monmouth_, in the Privy Chamber at _Whitehall_, 29 _Mar._ 1663.

Altho’ none of the absent Knights-Companions can give a Proxy to vote, or otherwise send their Suffrages into the Chapter or Chapel, there to pass in Nomination; yet formerly, _circa temp. H._ 5. _& H._ 6. when divers of the Knights Companions were frequently employed in the Wars of _France_, and consequently so fixed to their Commands, that they could not personally attend the Feast of St. _George_ at _Windsor_, it was usual for the Commander there in Chief, with Consent of those Knights Companions, to make a formal Certificate, or Presentment (but not to pass it by way of Nomination or Vote, for that the Law of the Order did not permit) to the Soveraign, or his Lieutenant and Knights Companions assembled at the Feast, of such Persons famous for martial Valour and Virtue, with an Account of their gallant Acts and Atchievements, (attested by other Persons of Honour) as were at that time, and in that Kingdom, in the Sovereign’s Service, and seemed worthy Candidates for the Honour of the Election, to the intent victorious and brave Persons might be preferr’d to so noble and sublime a Post; an Example whereof we find preserved by the Industrious and Learned _Dugdale_.

“My Lord the Duc of _Bedford_ remembreth, as by the Statutes of the Order of the Gartre, the Election of the Stalls voyde. He saith in the Voyc of the Brethren, and of the Fellowship, beyng at the tyme of the Fest, in the Presence of the Soverain or hys Deputy; that thinkyth to my said Lord, that for hys Acquital to Knighthood, that fytteth hym to give in Knowledge to the Kyng Soverain of the Ordre, and to his Fellowship of the same Ordre, the great Honours of the notable Knights, that from tyme to tyme exercyseth, and have exercysed in Knighthood; and especially in the Service of their Soverain Lord. And of such notable Knyghts as my Lord of _Bedford_, for the tyme remembreth him of, he hath by the Advyce of them of the Fellowship of the Ordre, being now in _France_, in the Kyngs Service, and givyng in charge to the said Garter Kyng of Arms, of the Ordre, to shew theyr Names to the Kyng, and to expound Part of theyr Deeds, Acts, and of theyr Worthyness. First to expose the Honour of Sir _John Radeclyff_ that hath contynowed all the tyme of the victorious Kyng that last dyed, whom Christe absolve, at the first landing of hym, at _Quies de Caux_, where the sayd _Radeclyff_ receyved the Order of a Knyght, and after contynowed the Siege of _Hareflew_. And after with my Lord of _Excester_ at the Battaile of _Vallemont_, and of _Quies de Caux_. And also sithen the deth of the sayd victorious Kyng, _Radeclyff_ being Seneschall of _Guyen_, hath brought by hys Labour in Knyghthood to hys Soveraign Lord’s obeysance within the Duchie of _Guyen_ many dyverse Cities, Towns and Fortresses. And in especial deserved great and notable merits at the Siege of the City of _Bazates_, whych Siege was accorded, appointed, and set day of Battaile and of Rescous, the whych day was kept and houlden with great power on both Sydes, and under Banners displayed, the Enemyes doubtyng to fyght wyth _Radeclyff_ required hym of apoyntment they to depart under saufe conduct from the said Field, the whych saufe conduct he graunted them for the term of eight days, like as they required the honour and empruse rested in the said _Radeclyff_, and to hys hygh meryte, for incontynent followyng was delyvered to hym, the reddyssion and possession of the sayd Cytty of _Bazates_. And also the sayd _Radeclyff_ was at the Battaile of _Assincouert_, and hath contynowed and exercysed the Armys the Space of xxviij Wynters unreproched. And in the tyme of his Esquierhood was at the Battaile of _Shrewsbury_ and at the Journey of _Husks_ wyth the Lord _Grey_ at the discomfiture and taking of _Owenson_.

Syr _Thomas Ramston_, Syr _Rauff Butler_, Syr _William Oldegall_, Syr _Robert Harlyng_, Syr _Gilbert Halsall_.

“_Item_, My Lord the Duc of _Bedford_ beseecheth the Kyng Soveraign of the Order to have also for recommendyd to his good grace and highnesse other of his Subjects and Servants now being in hys Service in the Realme of _France_, whych hath done and yet doth take great payne by their knyghtly labour dayly to serve the merite of worthyness and prowess, as Syr _Robert Hungerford_, Syr _Thomas Beamont_, Syr _John Popeham_, Syr _Nicholas Burdet_, Syr _Rauff Nevill_, Syr _Edward Wyver_, Syr John_ Robesart_, Syr _Tyre Robesart_, Syr _William Bretton_, Syr _Thomas Kyngston_, Syr _Richard Hankford_, and dyverse other.”

BUT lest it may be suppos’d by some, that the Knights-Companions present in Chapter, can at their pleasures nominate or propose to elect such Persons as they deem meet, so they be qualify’d according to the Statutes, this Privilege is to be understood of Knights Subjects only: For in all Cases concerning Strangers, the Sovereign doth but barely grant them Sufferance, and may direct and confine the Knights-Companions to the Nomination of such as he at any time intends to Honour with Election, which Prerogative was particularly Asserted, 31 _Eliz._ and 3 _Car._ I.

IN the First of these Instances, the _Blue Book_, of the Order recordeth, That at a Chapter held immediately before Vespers on St. _George_’s Day, the Earl of _Huntingdon_, then Lieutenant for the Sovereign, made known to the Knights-Companions, _That the Sovereign did permit them, or leave it to their Pleasure to chuse into the Order whatsoever Foreign Prince they should by their Votes approve of_.

HERE we have two Points that offer themselves to our Consideration. _First_, That the Knights-Companions have not the Liberty to nominate what Foreign Prince they please, but the same is derivative from the Sovereign, and only by his Permission. _Secondly_, To weigh the Paragraph well, that _Nominare_ ought to be render’d or understood here by the Word _Eligere_, and that the Power delegated to the Knights-Companions from the Sovereign, was only to nominate, not elect; For it immediately follows, _That the Knights-Companions went from the Chapter to the Second Vespers; and while the Divine Offices were celebrating, the Prelate receiv’d their Nominations, and that very Evening the Lieutenant presented them to the Sovereign for her to consider of_; which had been insignificant and useless, if the Knights-Companions had been impower’d by her Licence to have made the Choice themselves. But the contrary is evident; for the next Morning, all the Knights-Companions attending the Sovereign in Chapter, she herself confirm’d there the Election not of any Foreign Prince, but of the Earl of _Sussex_, and the Lord _Buckhurst_.

IN the other Instance, _Anno_ 3 _Car._ I. the Sovereign in a Chapter held before Vespers on St. _George_’s Day, signify’d it to be his Pleasure (Three Stalls being then vacant) that _out of Foreign Princes, the Nomination of whom_, (saith the Annals in that very Place) _belongs only to the Sovereign_, i. e. The Sovereign has the Prerogative to direct the Knights-Companions to name, or impose upon them the Nomination of such Foreign Prince he pleaseth they, the Knights-Companions, should pitch upon; which must undoubtedly be understood to Nominate, or enter down into the Scrutiny, (not elect) _Gustavus Adolphus_, King of _Sweden_, and _Henry_ Prince of _Orange_. For a little after, it is evident, when the Scrutiny was presented to the Sovereign, that himself, not the Knights-Companions, made Election of them.