Part 24

§. 9. BUT whosoever gather’d the Suffrages, the Time when they enter’d upon this Duty (in the Intervals of Feasts, where the Occasion requir’d a peculiar Chapter for an Election) was usually after the Chapter had been open’d, and the Matter of Election proposed by the Sovereign; after which he proceeded with all possible Reverence and Respect.

HOWBEIT upon an extraordinary Occasion (in the Interval of the Grand Feasts) the Sovereign hath sometimes called an Assembly of the Knights Companions, to be convened at the Castle of _Windsor_, who in the Choire of St. _George_’s Chapel (not Chapter-House) after the more solemn Manner, have deliver’d in their Nominations, and returning thence into the Chapter-House, he there continu’d the Election. Thus did King _Henry_ VIII. upon the 7th of _June_ in the 17th Year of his Reign, in reference to the Election of the Lord _Henry Fitz Roy_, (so stil’d in the Scrutiny, and rank’d among the Barons; for as yet he was not created Duke of _Somerset_ and _Richmond_) and _Ralph Nevil_, Earl of _Westmorland_.

ON the 20th of _May_, _Anno_ 14 _Car._ I. being _Trinity-Sunday_, the Sovereign caus’d a Chapter to be held that Afternoon in the Chapter-House at _Windsor_, for the Nomination and Election of _Charles_ Prince of _Wales_; at the Breaking up whereof, the Sovereign and Knights-Companions proceeded immediately to St. _Georges_’s Chapel, where at Evening-Prayer, (which was not within the Compass of the Feast, for that began not ’till next Day) the Scrutiny was taken.

AND besides those Examples which shew the Nominations have been collected (upon peculiar Occasions) in the Choire at _Windsor_, there are one or two Instances they have been also taken in the Chapel at _Whitehall_, as on the 15th of _May_, _Ann._ 1 _Car._ I. at the Choice of _Edmund_ Earl of _Dorset_, _Henry_ Earl of _Holland_, and _Thomas_ Viscount _Andover_, as on the 4th of _July_ the same Year, whereat the Duke of _Chevereux_ was pitch’d upon.

THE Suffrages have commonly been collected at the Second Vespers, or in the Time of Evening-Prayer on St. _George_’s Day, or on that Day whereon the Feast of St. _George_ hath been celebrated by Prorogation; and with this Distinction of Time, the taking of divers Scrutinies are mark’d.

HOWEVER, there occurs one Scrutiny gather’d in the Chapter-House at _Windsor_ on the Eve of the Grand-Feast, at which the person immediately elected, was sent for in, and had the Ensigns of the Order conferr’d upon him, when immediately the Sovereign made his Progression to the Chapel, and after some small Interval, the Elect proceeded to his Installation. And this was the Case of _James_ Marquess _Hamilton_, _Ann._ 6 _Car._ I. who lying under an Obligation to commence his Voyage next Morning towards _Germany_ (whither he had the Commission of General of 6000 Foot in Assistance of the King of _Sweden_) occasion’d this his Sovereign’s Indulgence, and quick dispatch.

WHEN the Scrutiny first began to be collected in the Chapel, is treated of somewhat general and indefinite. _Ann._ 2, 3, 4, 5, 8, 9 _Eliz._ it was during the time of _Evening-Prayer_. And in like manner, _Ann._ 4 _Jac._ I. and 13 _Car._ I. And when the Feast of St. _George_ was solemniz’d at _Whitehall_, the 18th of _April_, 13 _Car._ I. the _Annals_ say, _That the Sovereign recreated himself with the Melody of Evensong, during which the Chancellor collected the Votes of the Knights-Companions_.

BUT in some other Places, the Time when this Matter was transacted is restricted to a precise Time, or some particular Part of Evening Prayer, as _Anno_ 26 and 27 _Eliz._ _whilst the Choire sung the Service_, and the like _Anno_ 14 _Jac._ I. but 4 _Car._ I. _while the Anthem was sung after the second Lesson_, but more frequently after the first Lesson, as in the 2 and 9 _Car._ I. _while the Anthem was singing_, or whilst they were hymning the Anthem of the blessed _Virgin called the Magnificat_, and which is all one with that, _Anno_ 14 _Car._ I. viz. _assoon as the first Lesson was read_, or _at the first Lesson_, which is remembred to be _the usual Part of the Service, in which the nomination ought to begin_.

§. 10. THE manner of the Order the Knight-Companions Votes ought to be collected when the _Scrutiny is taken in the Choire_, when the Register informs us, upon the Celebration of St. _Georges_’s Feast at _Greenwich_, 28 _Hen._ VIII. as entred into the Black Book; “That he used his Diligence in going to and fro from one Side to the other, to demand and redemand the Suffrages from the Knights-Companions, according to the Variety and Disposition of their Stalls,” which same Methods _in eisdem terminis_ the Chancellor observed, _Anno_ 24 _Eliz._ and without question was generally performed at other Seasons, for the annals describe it to be perform’d _de more_ 5 Eliz. or _juxta Ordines Constitutionis_ Anno 26 _Eliz._

THAT the Officer who collects the Scrutiny, is obliged to begin at the youngest Knight-Companion, and so proceed upward towards the Eldest, is evident from the Order mentioned to be in Vogue, _An._ 2 and 20 _Eliz._ as also 15 _Car._ I. But to give a more particular Account of this Ceremony, as it stood _temp. Car._ I. and doubtless long before, tho’ not Recorded _in Scriptis_, is as follows.

_First_, THE Officer arose and went into the Middle of the Choire; directly over against his own Seat, he made two Reverences, first towards the high Altar, and next to the Sovereign, then he proceeded up to the Choire near the _hault pace_ against the Stall of the junior Knight-Companion, and there made like Reverence; this done he went up to the Stall of the said junior Knight, and with a singular Reverence to him, only demanded whom he pleased to nominate, which having taken, (making to him a second Reverence,) he descended into the Choire, and thence passed to the next senior Knight on the other Side, (unless by reason of the vacancy of the Stall he Sits on the same Side with the junior) and having received his nomination from the second Knight-Companion, he again crossed the Choire to the Third, and in like manner he ascended according to the Seniority of the Knights-Companions present, (always crossing the Choire where there was occasion) until he arrived at the senior Knight-Companion; and having thus received all their Nominations, he returned into the Middle of the Choire, and after accustomed Reverences, took his Seat.

THIS Method in collecting the Votes as to the general, and in the Choire, ought likewise to be observed when they are taken from the Knights-Companions in Chapter, they being ranked in due order on either Side of the Table, according to the Seniority of their Elections and situations of Stalls in the Choire; the Officer beginning with the junior and thence gradually ascending to the senior Knight.

AND that we may rightly apprehend after what form every Knight-Companion Ranketh the Names of those Persons he proposeth, and how each Classis is distinguished and divided, the following Scrutiny will manifest which was taken off, _May_, _Anno_ 13 _Hen._ VI. upon the Vacancy of one Stall hapning by the death of Sir _Henry Tanke Clux_ a _German_, and the first Scrutiny found Marshalled among the Annals of this most noble Order.

NOMINABANT.

Principes. Barones. Equites.

Dux { Duc. _Norfolciæ_ Dom. _Lovell_ Dom. _S. Stanley_ _Exoniæ_. { Duc. _Warwici_ Dom. _Audley_ Dom. _J. Holland_ { Com. _Oxoniæ_ Dom. _Dudley_ Dom. _J. Steward_

Marc. { Duc. _Norfolciæ_ Dom. _Lovell_ Dom. _J. Fengs_ _Suffolc._ { Com. _Devoniæ_ Dom. _Audley_ D. _R. Woodvyle_ { Com. _Oxoniæ_ Dom. _Foix_. Dom. _A. Ogard_

Com. { Duc. _Warwici_ Dom. _Audley_ Dom. _R. Fengs_ _Salopiæ_. { Duc. _Norfolciæ_ Dom. _Dudley_ Dom. _T. Stanley_ { Com. _Oxoniæ_ Dom. _Foix_ Dom. _T. Kiriell_

Dom. { Duc. _Norfolciæ_ Dom. _Foix_ Dom. _R. Fengs_ _Sudeley_. { Duc. _Warwici_ Dom. _Lovell_ Dom. _J. Fengs_ { Com. _Devoniæ_ Dom. _Audley_ Dom. _G. Bonevile_

Dom. { Duc. _Warwici_ Dom. _Wells_ Dom. _T. Kiriell_ _Willoughby_. { Duc. _Norfolciæ_ Dom. _Lovell_ D. _J. Montgomery_ { Com. _Oxoniæ_ Dom. _Laware_ D. _R. Shotesbroke_

Dom. { Duc. _Warwici_ Dom. _Foix_ D. _E. Hungerford_ _Scales_. { Com. _Oxoniæ_ Dom. _Clyfford_ D. _G. Beauchamp_ { Com. _Devoniæ_ Dom. _Laware_ Dom. _A. Ogard_

Dom. { Duc. _Warwici_ Dom. _Boucer_ D. _R. Hungerford_ _Johannes { Duc. _Norfolciæ_ Dom. _Audley_ Dom. _R. Roos_. Falstaff_. { Com. _Oxoniæ_ D. _Gray Ruffyn_ Dom. _A. Ogard_

Dom. { Duc. _Warwici_ Dom. _Foix_ Dom. _R. Fengs_ _J. Beauchamp_. { Com. _Devoniæ_ Dom. _Lovell_ Dom. _J. Fengs_ { Com. _Oxoniæ_ Dom. _Audley_ Dom. _R. Roos_.

IN the first Column each Knight-Companion hath his own Name perfixt to those Persons for whom he condescends his Vote, to the intent it may appear by whom the Knights candidates are nominated, and these are Ranked in three several Divisions.

THE first contains, The Degrees of Earls, Marquesses, Dukes, Princes, Kings and Emperors; yet at a Scrutiny taken _Anno_ 24 _Hen._ VI. in a Chapter held at _Brainford_, _Albro Vasquez d’almadea_, (who immediately following, is Stiled _Comes Averentiæ_) is by a mistake Ranked; but in the second Division among the Barons, and twice among the Knights Votes of the Marquess of _Suffolk_, and Earl of _Shrewsbury_, but this Error perhaps owes its original for want of due knowledge, either of the Law in the Statutes or his Degree, the latter of which is the most feasible to conjecture; for being a Stranger, his Title might not be so generally divulged, nor is it taken notice of in the Scrutiny itself, tho’ in the annals immediately after it was rectified.

AND to shew the probability of this Point, the Earls of _Oxford_, _Devonshire_, and _Arundel_, (whose degrees were sufficiently known) at a Scrutiny taken _Anno_ 24 _Hen._ VI. are ranked in the second Division among the Barons, and _Anno_ 1 _Hen._ VIII. the Earl of _Darby_ is three Times so placed, and again 13 _Hen._ VI. the Earl of _Devonshire_ twice; but this happened not thro oversight or neglect of the Statutes, but because at these Nominations wherein they are so Ranked, the first Division to which they appertained, happened to be fill’d up with those other higher Dignities belonging to the same Class, _viz._ Kings or Dukes, as when the beforementioned Earls of _Oxford_, _Devonshire_, and _Arundel_, were set down in the Place of Barons; the King of _Portugal_, the Dukes of _Warwick_ and _Norfolk_, were put in the Class of Princes, and so it happened in many other instances.

ON the contrary, _Anno_ 15 and 16 _Edw._ IV. the Lord _Rich. Grey_ one of the Queen’s Sons, by her former Husband, Sir _John Grey_ of _Groby_ Knight; in respect of his Alliance to the Royal Family, is Ranked in the first Division among the Princes, under the Title _Dominus Richardus filius Reginæ_, and afterwards _Anno_ 19 _Edw._ IV. set only among the Barons, as well with the former Title as this _Richardus Dominus Grey_, but _Anno_ 22 _Edw._ IV. he is thrice register’d among the Princes, and as often with the Barons, whence it is observable that to be Enrolled in the Rank of Princes, may be afforded of courtesie to Persons of high Eminency and Blood; but then as they can lay no claim to it by their Merit, so such of the Knights-Companions as Rank them lower, suffer no diminution in their Honour.

WHEREIN the second Division are Ranked the Barons and Viscounts, for Viscounts in all Scrutinies, after the first Erection of that Dignity, were on the same level with the Barons, until the 3 of _Jac._ I. (excepting only _John Dudley_ Viscount _Lisle_, _Anno_ 35 _Hen._ VIII. who by every Knight, the Duke of _Norfolk_ excepted, is Ranked in the first Division of Princes) and in a Scrutiny then taken, _Robt. Cecil_ Viscount _Craneborne_ is the second Viscount in the List that has been Ranked with Princes, whence it became the frequent Practice in succeeding Scrutinies, until _Anno_ 14 _Car._ I. And then (upon a Question put in Chapter convened at _Westminster_ 23 _May_ 14. _Car._ I.) whether Earls Sons and Viscounts were eligible with Barons, it passed in the affirmative, and that by general usage except in the two cases just mentioned; and about the same time we find it reiterated near that Time, for in two Scrutinies taken the 19th and 21st of that Instant _May_, the Viscounts are therein reduced to the second Division, and Ranked with the Barons.

THE Knights-Batchelors and Bannerets held the same Rank in King _Hen._ VIII’s Statutes, in all Scrutinies with Barons.

BUT tho’ the word in King _Hen._ VIIIth’s late Statutes is _Baronettus_ instead of _Banerettus_, yet is this frequently obvious in some ancient Books and Records, as well as in those ancient Writers, long before the Title of Baronet was conceived or brought into use.

IN the last place he who demands those Suffrages (the Knights-Companions present) is by the Statutes of Institution to receive them in writing; for in a Scrutiny taken _Anno_ 2 _Hen._ VI. at the Election of _John_ Lord _Talbote_ and _Turnival_, the Dean of _Windsor_, and the Register of the Order, _wrote down the Votes and Nominations of every singular Knight present at the Day of Election_.

AND at another Scrutiny _Anno_ 4 _Hen._ VI. to fill up that which by an Error in the Black Book is set down Sir _Henry Fitzhugh_, ’tis inserted, _That the Dean and Register wrote down in Order_, (according to their Seniority) _the Votes of the Knights-Companions_. And after the Scrutinies began to be entred in the Annals, it is evident the general Practice kept pace with the Injunction of the Statutes; only there are two instances of an Election confirmed without taking a Scrutiny in writing, one in the case of the Princes _Henry_ and _Christiern_ IV. King of _Denmark_, where the Knights-Companions in a Chapter convened at _Whitehall_, 14 of _July_ 1 _Jac._ I. gave in their Votes _viva voce_, and immediately the Sovereign admitted them both into the Illustrious Society; the other was the Case of _James_ Marquis _Hamilton_, Elected the 2d of _Feb._ 20 _Jac._ I. with the vocal consent of all the Knights-Companions.

IT is worthy observation, that this Method, and the omission of taking the Scrutiny in writing, is not only contrary to the Law of the Order expressly set down for a more stable consignation of the Action, and more faithful transmission of it to Posterity, but exceeding prejudicial to Persons of Honour, and Distinction, whose Names would otherwise survive with great veneration among the candidates of this Illustrious Order, and of which Honour many deserving Persons will be hereafter deprived, if the Injunctions of the Statutes be not observed in this particular respect.

SECT. XI.

_The Presentation of it to the Sovereign._

THE Knights-Companions, having delivered their Suffrages, the Officer by whom they are Collected, humbly presents to the Sovereign the Nominations, for so it is recorded the Prelate of the Order acted in the 9th of _Hen._ the Vth. If these Votes were taken in Chapter, the Paper usually was immediately presented to the Sovereign who made his Election, before the Chapter broke up; but if gathered in the Chapel, tho’ it was given to the Sovereign, yet the choice was not made then, but the Morning after, and this was the manner in the 2d and 5th Years of Queen _Eliz._ Another time it hath not been presented till the Vespers were finished, but in the Practice of latter Days the Scrutiny hath not been given up to the Sovereign till the next Day at the opening of the Chapel before Morning-Prayer, as in the 13, 15, 20, 30 Years of Queen _Eliz._ demonstrates, and was the accustomed Practice of the 17th Year of King _Charles_ the first of ever-sacred Memory; the last presentation was transcribed in a little Book, and with all due Reverence offered upon the Knee, before any other Affair was transacted in the Chapter.

THIS has been the general Use as we are ascertain’d, _Anno_ 2 _Hen._ VI. the Dean of _Windsor_, and the Register of the Order, having Collected the Vote of every Knight, they were immediately given into the Hands of the Sovereign’s Deputy; and in the same nature were they presented on the 4th _Hen._ VI. when _John_ Duke of _Bedford_ was Lieutenant, in the 20th of Queen _Eliz._; when the Suffrages were Collected by Sir _Francis Walsingham_ the Chancellor, he gave them up to the Earl of _Sussex_, then Lieutenant to the Sovereign.

BUT it’s evident from several Passages in the Blue Book of the Order, that the Lieutenant afterward delivered them to the Sovereign, as is apparent from the Records of the 30th, 34th, 38th, and the 40th Year of Queen _Eliz._

In the 12th Year of K. _James_ I. some Exceptions arose upon the Chancellor’s not presenting the Scrutiny to the Prince, (who at that time was the Sovereign’s Lieutenant) but to the Sovereign himself, which was an Error he fell into, as well as some of his Predecessor’s; as the 2d, 3d, and 25th of _Eliz._ demonstrate.

_The Sovereign’s Considerations upon the Qualifications of those to be elected._

§ 12. As the Knights-Companions are under an Obligation, by the Statutes, to nominate no Person, but who can bear the Test of the afore-mention’d Qualifications, there’s a Standard of Honour provided for the Sovereign, to measure the Extraction, Quality, and Merit of the Person proposed to be elected, least it might chance, thro’ the Indulgence of the Sovereign, this Fountain of Honour might be mudded by the Choice of inferior and undeserving Persons, for the Statutes run—because this _Order consists of Goodness, and honourable Virtue, doth not admit Unworthiness and Villany_, and so by Consequence secludes all Persons of mean Extraction and Merit.

The Qualifications for _Election_ are exhibited in the 2d Article, as in the 18th are included those of _Nomination_: The Words of the _Institution_ are, _That none shall be elected into the Order_; and refer only to the Act of Election: For if we consult the rest of the Statutes, and compare them with this Passage, they run according to this Tenor, _That none shall be elected and chosen a Companion of this Order_. These refer more principally to the Time of the Election, and not to the _Investiture_ with _Garter_, and _George_, and _Installation_, from the Expressions of _admitting_ and _receiving_ Knights into this _Order_, as the _Examplars_ of the _Statutes_ of _Institution_ set forth. And this is farther illustrated, from another Passage in the 2d Article of _Henry_ the VIII’s Statutes, where the Word _Reproach_ is mentioned, saith, _The Guilt thereof so incapacitates a Man’s Election, that for the future it’s a Bar, and utterly disqualifies him for that Honour_.

There are Two Points requisite for _Qualifications and Endowments_; first, to be a _Gentleman of Blood_; and, 2dly, a _Knight_ without _Reproach_. By the Statutes of _Henry_ the Vth’s _Institutions_, no Man ought to be elected, _unless he be a Gentleman born_. The _Examplar_ in the _Black Book_ saith, _Unless he be worthy upon the Account of Birth and Arms_: And in another Passage, _That he be one eminent for his Demeanour and good Report_; which intimates the Conjunction of Blood and Virtue, which make up the noblest Composition. The Statutes of King _Henry_ VIII. are more extensive than those, and say, _He must be a Gentleman by Name, Arms, and Blood_; and least this Character might seem intricate and perplex’d, _A Gentleman of Blood_ is defin’d to be, _One descended of three Descents of Nobles_, viz. _of Name and Arms, both by his Father and Mother’s side_.

It’s certain _Gentility_ does not receive its Perfection in the Person it was first devolv’d on, but is rather compleated by Succession: For, among the _Romans_, tho’ the Father was Free-born, and of the _Equestrian Cense_; yet it was farther requisite, that the Grand-father should be the same, or else they could not obtain the Ring, one of the _Symbols_ of the _Equestrian Order_, as _Pliny_ informs us. _Gentility_ hath its beginning in the Grand-father, its increase in the Father, and full ripeness in the Son; and consequently in the Constitution of _Gentility_, the Father and Grand-father conveying a Lustre to the Son, make it entire and compleat; for its incongruous to suppose a ripeness in the Son, unless there had been a former encrease in the Father, and a longer Series from the Grand-father.

The memorable Instance of the Lord _William Paget_, who was divested of the _Garter_ five Years after his Election, upon Pretence of his not being a Gentleman of Blood by either Father or Mother, proceeded not wholly from the defect in Point of Extraction, as _Haward_ relates, but rather from the Prevalence and Practice of _John Dudley_, Duke of _Northumberland_, by whose means he was most unjustly deprived of the _Garter_; repenting, perhaps, at the great Honours he had done this Lord, by his fair Character of him to King _Edward_ VI. when he procured him a new Grant of those Arms, under the Great Seal of _England_, when he was _Earl Marshal_, which he had some time before received from the Garter Principal King of Arms.

But, admit the defect of _Blood_ and _Arms_, for three Descents, were the true Cause of the recalling his _Garter_, that it might be conferred upon the Earl of _Warwick_, eldest Son of the said Duke, who, out of courtesie, is called so, in which Relation both _Haward_ and _Stow_ have mistaken, for they were bestowed upon Sir _Andrew Dudley_, Brother to the Duke; for tho’ he was put in the Scrutiny enter’d among the _Annals_ of _Edward_ VI. in the Sixth Year of his Reign, upon St. _George_’s Day, yet was the Earl neither then, nor at any other time, elected.

The Ensigns of this most Noble Order, as soon as Queen _Mary_ ascended the Throne, were with as much Honour restored to the Lord _Paget_, and with as great and absolute an Authority, as they were disgracefully taken from him. And in Confirmation of this Lord’s Restauration, he had the _Garter_ buckled on his Leg, and the _Collar_ and the _Order_ put about his Shoulders, with the _George_ depending, by two of the Knights-Companions present; and the Garter King at Arms was order’d, That he should take Care his _Atchievements_ should be replaced over his _Stall_ at _Windsor_, which is the 9th on the Sovereign’s side. It is observable, that the very Records of the Order brand his Degradation as Injustice; as if it were inferable, That when Honour is conferred, upon the Account of Virtue and exquisite Endowments, the Consideration of these supplies the defect and obscurity of Extraction. The Sovereign, whose Prerogative it was to declare and interpret the Statutes, being present in Chapter, thought fit to qualifie the Law, and gave him this honourable Commendation, _That he had highly deserved of the Nation, by his Prudence and Counsel_.

And though there’s only inserted in the _Examplar_ of the _Black Book_, _Virtue_ and _good Report_ for a Qualification, yet the same was observed by the Sovereigns and Lieutenants in foregoing Times, with great Circumspection; and that the _Magnanimity_, _Fortitude_, _Prudence_, _Generosity_, _Fame_, _Reputation_, and other Virtues and Excellencies, whether innate or acquired, of the Person proposed to Election, have by prudent Inquisition been inspected, and brought to the Touchstone, before they have been admitted into so noble and illustrious a Body.