Part 25

Those Qualities were chiefly consider’d and esteemed by _Henry_ V. for which Reason, at an Election in the 9th Year of his Reign, he gave the Preference, before others that were nominated and presented unto him, to _John_, Earl Marshal, _William_, Earl of _Suffolk_, _John_, Lord _Clifford_, Sir _Lewis Robertsack_, and Sir _Heer Tank Clux_.

_Humphry_, Duke of _Gloucester_, Deputy to K. _Hen._ VI. trod in the same Steps, and did weigh, by the strict Rules of Fortitude and Prudence, the gallant and noble Actions and Deserts of _John_, Lord _Talbot_, before the Election, and gave in an Approbation worthy of his own Judgment, and that Candidate’s Merit. And for this Reason it’s expressed in the _Annals_ of the Order, that such noble and heroick Qualifications should have the favour of Election preferrable to others, as is evident in the Matter of Choice of Sir _Nicholas Carew_, in the 28th of _Hen._ VIII. _That he was a very fit Person, upon the Eminency of his Extraction and Fame, and the many noble and worthy Actions he had performed; so as that all present did, without any delay, unanimously approve of his Election_. And after this Tenure run the Commendation of _Henry_, Earl of _Cumberland_, at his Election, _viz._ _The many famous and loyal Atchievements performed by him, both at several other times, and then more especially, when the Tumult of Rebellion began to break forth in those Borders where he had his Habitation_.

The 2d Point to treat on is, That no one is qualified for Election, unless he be a _Knight_; or as it is expressed in one of the _Examplars_ in the _Hatton Library_, _Unless girded with the unstained Girdle of Knighthood_; so singular a regard the Law of the Order hath to this particular Qualification above the rest: And least Chance or Inadvertency might let slip a Person not Knighted into the Scrutiny, were the Words inserted _ut minimum_, that he be at least a _Knight_ before he be elected, when the Sovereign comes to make his Choice. It is evident from the 2d Article in the Statutes, that it hath long since received this Construction, as appears by an eminent Instance. In the 17th of _Hen._ VIII. The Feast of St. _George_ being celebrated at _Greenwich_, and the Sovereign being present, having elected the Lord _Roos_, afterwards Earl of _Rutland_, into the Society of this most noble Order; and being advertised on the Morrow after St. _George_’s Day, while the Mass of _Requiem_ was celebrating, _That he had not before received the Dignity of Knighthood, according to the Statutes_, which positively enjoin, _That whosoever is elected into this Society, should be in Degree at least a Knight_; that is, actually _Knighted_ before-hand. And tho’ the Lord _Roos_ was, at the Time of his Election a Baron of this Realm, which is a higher degree of Honour than a _Knight_; The Sovereign after Mass re-assembled the _Knights-Companions_, and annulled the Election, and commanded the _Garter_ and _George_, so lately conferred, to be taken off, and in the same Place dubbed him a Knight; and then he was Elected again, with an unanimous Consent, and so declared by the Sovereign’s own Mouth; and was restored to his _Ensigns_ and _Ornaments_, by the Dukes of _Norfolk_ and _Suffolk_. Agreeable to this, it’s recorded in the _Red Book_ of the Order; that none of the _English_, _Scotch_, or _Welsh Nation, how considerable soever otherwise, in the Prerogative of Blood or Virtue, can be Elected into this most honourable Society; but that he ought to be first ennobled and rendered capable, by this first degree of Knightly Honour_.

But this Law does not bind Foreign Princes; for by a Decree at _White-Hall_, in 13 _Charles_ I. these Words, _ut minimum_, are explained to relate to all Subjects, of what Degree soever, within the Sovereign’s Dominions; but Foreign Princes ought not to be _Knighted_, as the Basis and first Degree of _Chivalry_. The _Statutes of Institution_, as to those before-mentioned, not only enjoyn them to be _Knights_, but to be free of all _Infamy and Reproach_. In _Henry_ V’s. Statutes, it stands, _Chivalier sans reproche_, which Answers in the Latin, _Eques irreprehensus_; and the Argument used by the Duke of _Bedford_, for promoting the Election of Sir _John Radcliff_, was, that he had continued and exercised the Armies, the space of twenty eight Years, without _Reproach_. King _Henry_ VIII. determined this Word _Reproach_ into three Species; first, _when a Knight hath been convicted of Heresy, against the Catholick Faith_; or _suffered any publick Punishment for such Offence_: Here Heresy is reckoned among those defects, that deprive Men of Honour; because it bends its Force against the Catholick Church, which not only renders a Man, in the ballance of _Honour_, of no _Weight_ and _Esteem_, but more than all other Sins, makes him _Infamous_. And therefore when by _Tongue_, _Pen_, or _Actions_, a Man endeavours to trample under Foot the _sacred Law_, he scandalizeth Government, and seduceth others.

The second Point is, when any Knight hath been _arraigned, convicted, and attainted of Treason_; however Q. _Elizabeth_ qualified this Point by a Decree, made in the first Year of her Reign; _that in case any Persons so convicted, were pardoned by the Sovereign, and restored in Blood; every such Gentleman in Name, Arms, and Blood, and descended as aforesaid, being otherwise qualified, according to the ancient Statutes of the Order, should be thenceforth accounted Eligible, and might be Chosen a Companion_. This Decree, it’s presumed, owes its Original, upon the occasion of restoring in _Blood_ _William_ Marquiss of _Northampton_, and the Lord _Robert Dudley_, after Earl of _Leicester_, who had been attainted of High Treason in the first of Q. _Mary_: And we find that in the next Feast of St. _George_, they recovered their Privileges of Honour, and were preferred in _Nomination_, and on the last Day of the Feast, were Elected into this most illustrious Society.

Though the Marquess of _Northampton_ had been formerly Elected in the 35 _H._ 8. and was restored in Blood, as I said before; it’s very remarkable, that it was thought fit to descend to a new Nomination and Election, as appears from the Decree it self, as it was performed upon the third of _June Anno primo Eliz._

The last Point of Reproach, is, _where a Knight Companion hath fled from Battle_; in which the _Sovereign_, or his _Lieutenant_, or other _Captain_, (having the King’s Authority) were present; when Banners were displayed, and both Sides proceed to Fight. Now for a Person to behave himself cowardly in the Fight, abandon his Colours, leave his Prince, Friends, and Companions, in hazard of Life, are undoubtedly Concerns of a very high and reproachful Nature, and draw down Dishonour upon the Order, the Sovereign, and Knights Companions, and a sufficient indication of a pusilanimous Mind; that prefers to drag an infamous Life, and makes his Honour a Sacrifice to a reproachful Safety; for the Resolution of a right _Martial Spirit_, ought either to return decked with Victory, or die upon the Bed of Honour.

By the Laws of King _Edward_ the Confessor, the _Soldier_ that runs from his _Colours_, either in Land or Sea Service, his _Life_ and _Estate_ were made liable to answer the Offence; and our Acts of Parliaments have made it _Felony_, without _Benefit of Clergy_; for as much as such desertion endangers the Estate of the _King_, _Nobility_, and _Commonwealth_.

But the danger is of a far more dismal hue, when Officers, or he that Commands in Chief, or who has any Post of Trust assigned him, either quit it, or is found defective in his Duty, as was _Thomas Earl of Lancaster_, who quitted the Army at the Siege of _Berwick_, the consequence of which proved an abortion to the whole Design; and for which he was proclaimed _Traytor_, _Anno_ 12 _E._ 2. And therefore whoever is culpable of any of these three Points of _Reproach_, is disqualified from being Elected into this most _noble Order_. Before we proceed any farther, it may not be improper to take notice of an Error which _Polydore Virgil_ hath interwove with one, and which _Erhardus Celius_, in his History of _England_, hath copyed from that Author, but refuted by the learned Pen of Dr. _Heylein_, _viz._ that the _Knights-Companions_ have certain _Laws_ belonging to their Order, whereby they are _obliged to help one another, and in Time of Battle never to betake themselves to shameful Flight_: The _Statute Law_ of the _Order_ is silent upon the first Clause, nor is the latter otherwise to be taken, than one of those Points of Reproach spoke of in the second _Statute of K. Henry_ VIII. which nulls the _Election_ of the Person nominated, if he be peccant in that Point: Now that which gives some Umbrage to the _Knights_ mutual Assistance and Defence, is founded upon an Article in their _Statutes_, which prohibits the arming themselves one against another, to create a mutual Affection, and to extinguish Feuds, which is the Life and Soul of Society, and which the Founder, to prevent Inconveniencies, had a great Regard to; and therefore he Ordained, which has been confirmed since by other Statutes; That none of the Knights-Companions should Arm themselves against any of their _Fellows_, unless either in the Cause of his Sovereign, or his own just Quarrel: And this Clause it was, that gave the Handle to both Parties, that sided with the Houses of _York_ and _Lancaster_; some firmly adhering to _Henry_ VI. whom they accounted _Sovereign_ of the Order; and others taking Part with _Edward_ IV. as esteeming him Sovereign _de Jure_, though not _de Facto_.

But more firmly to tye this Knot of Amity among this noble _Fraternity_, least they should unhappily engage in Factions one against another, and proceed so violently as might commence into Actions of Blood and Slaughter; it was ordained, That if a Knight-Companion should happen to be retained in the Service of a Foreign Prince, to take up Arms in his Quarrel; and after his Adversary desired to entertain another _Knight-Companion_ on his Side also; he that was last invited, was bound to wave this Offer, and in no wise to give his Consent. And upon this, the _Knights-Companions_ were obliged to make special Precautions in that their Engagements; that if any of his Fellows were retained on the other Side, and that if he knew not that another of his _Fellows_ had been engaged with the Adversary, so soon as it came to his Knowlege, he was obliged to relinquish the Service he before had undertaken.

To these three Points of _Reproach_ we have set down, we find in a Manuscript, that belonged to _Heny Grey_, third Marquiss of _Suffolk_, a fourth added to these other three _Points_ of _Reproach_; in these Words:

#That if any Knight of the Order, from henceforth, by Prodigality or Ryot, wilfully or negligently, Dispend, Sell, Aliens, or do away his Patrimony or Livelihood, by reason whereof, he shall not be able honourably to maintain himself, and his Estate, in such honourable manner, as may Conserve the honour of the said Order, and of himself; in this Case he shall be Summoned by the Usher of Arms of the Order, called the black Rod, by Commandment of the# Soveraign, #his# Lieutenant, #or# Deputy; #to appear before his Majesty, or his Commissioners, and the Knights of the Order, at the next# Chapter £ ensuing; there to be examined before the Soveraign, or his said Commissioners, and the Knights and Companions of the said Order; and if he be found in such great default of# Prodigality, insolent Riot, or wilful Negligence; #that then the Soveraign, with the advice of the Company of the said Order may deprive and degrade him of the said Order, at the said Chapter, if it be their Pleasure.#

Though this fourth Point is not inserted into King _Henry_ VIII’s Statutes, yet the Substance thereof seems to be approved of before; for we find among some _Orders_, prepared by the Marquiss of _Exeter_, and other Knights-Companions, at a Chapter at _Windsor_, the twenty fifth and twenty sixth Days of _May_, _Anno_ 8 _Henry_ VIII. one of them was something to this Purpose.

§. 13. Amongst the Number of these Candidates, the Sovereign is chiefly to regard those who have _most Voices_, or whom he conceives most requisite to contribute to the _Honour of the Garter_, and most Beneficial to himself, and of most Advantage to his Crown and Kingdom. We find the Law hath not always reserved the greatest Number of Voices, as will appear from the Annals; yet it has sometimes confirmed the Election, as in the Case of the Duke of _Queenberry_ _An._ 5 _Henry_ VI. where, after a due and sufficient Examination taken of the _Scrutiny_, the Duke, by the consent of most Voices, was Elected into the Stall of _Thomas_ Duke of _Exeter_; and so was the Election of Sir _Nicholas Carew_, the twenty fourth of _April_, in the 28 _Henry_ VIII.

It is remarkable in a singular Instance, that when two Knights had on either Side equal _Voices_; which was the Case of Sir _John Fastolf_, and Sir _John Radcliff_; the first being esteemed more Worthy, by the Sovereign’s Lieutenant, obtained the Election.

The second Inducement relates to such as, in all Appearance, may bring most Renown to the _Order_, and advance it to a higher pitch of Greatness; and these have in a great Measure been effected, by enrolling Foreign Princes into this _illustrious Society_, whose Valour and great Merit have proclaimed them deserving both of _Nomination and Election_. And upon this Consideration, K. _Charles_ I. of blessed Memory, _upon Consideration had of the glorious Atchievements, and high Renown, of_ Gustavus Adolphus _King of Sweden; judged it a Part of his Respect, not only to render him all Offices of Kindness and Friendship, as to a Prince nearly allied, and his most special Friend; but also to impart to him, as far as in him lay, the greatest and highest Honour that might be, and especially such, wherewith the military Virtue of so great a Captain was wont to be adorned_.

But the principal Motive thought requisite to Elect Foreign Princes into this Society of Honour, hath been expressed in the _Commissions_ of _Legations_, _to be in Respect of their glorious Merits, ennobled by the lustre and grace of their Heroick Virtues, their eminent Nobleness, Grandeur, Prowess, and Magnificence; the renown of which, Fame had divulged and spread Abroad throughout the World_.

Where the Advantage of the Sovereign’s Service was thrown into the Ballance, no Consideration could outvie its Pretensions, as in 2 _H._ 6. justifies; whose eminent Service for his King and Country, was the sole Motive that crowned his Election: And the great Zeal and Affection, which _John Jaspar Ferdinand de Marchin_ shewed for the Cause and Service, and the recovery of the just Rights of King _Charles_ II. was the strongest Inducement that swayed that Sovereign to chuse him, in the tenth Year of his Reign, a Knight-Companion of this most noble Order. But the last inducement is of the greatest Latitude, for the _Sovereign_ has a Power to reject whosoever he pleases, though they do exceed in multiplicity of _Voices_, and in other _Qualifications_; and even to Elect a Person that’s but once mentioned, as was shewn in the Person of _Casimire_, the fourth King of _Poland_, _An._ 28 _Henry_ VI. who having only the single Vote of the Lord _Scales_; yet upon respect to the _Sovereign_, how advantageous he might be for his, and his Kingdom’s Interest, obtained the Election.

And of later Date, (as the Preambles for the carrying the Ensigns to Foreign Princes set forth) the Advantages the Sovereign has conceived to possess himself of, in the improving, confirming, and establishing, of a most strict and _inviolable Bond_ of Friendship, and fair Correspondence, between him and Foreign Princes, their Realms and Subjects, hath been a grand Inducement to Elect such Princes into this most noble Order.

§ 14. Upon the vacancy of any of the _Knights-Companions_ Stalls, the _Election_ of others to supply those, is a Prerogative of the _Sovereign_, and in some Cases to his Lieutenant; for it’s recorded in the _Black Book of the Order_, in _Henry_ VIII’s Statutes: That _if any Stalls fall Vacant, it should belong to the Sovereign, to Elect new Knights, wheresoever he was Resident_; upon Condition, the Chapter consisted of six compleat _Knights-Companions_; but if he chanced to be out of his Realms, and the Number was deficient, and that his Lieutenant held the _Feast of St. George_ at _Windsor_; in such a Case the _Election_ belongs to the _Lieutenant_, who is first to be certified of his _Sovereign_’s Pleasure, and what Esteem _he_ has for the Candidates, to the intent such Information may guide, or direct his Election.

This Power of _Election_ is fully acknowledged, by the _Knights-Companions_ themselves, to be in the Sovereign; as the fragment of a Letter demonstrates, sent from _the Chapter_, convened at _Windsor_, upon the _Feast of St. George_, to _Henry_ V. then in _France_; viz. _That the Sovereign, in what Place soever residing, may, as is most fitting, Elect into a vacant Stall, (there being a sufficient Number of Knights called to this Election) such as he shall judge serviceable to his Crown, or do exceed others in deserts, and nobleness of descent_: And at publishing the _Election_ of _Duke Emanuel_ of _Savoy_, in the Reign of _Philip_ and _Mary_, who were _joint Sovereigns_ of the _Order_; it’s styled, The Election of the _King and the Queen_.

This grand Prerogative of the _Sovereign_ being not duly weighed by _Polydore Virgil_, occasioned his tripping in this Affair, and drew in _Claudius Coteræus_ into the same palpable mistake; for writing of this _Order_, and the Succession of new Knights, reports in his History of _England_, That _one Knight is received in the room of another deceased, by the Choice and Election of all the rest_; and _Erhard Celly_ in his _Anglo-Wirtemb._ does as falsely affirm, _That no Person may be received into this Order, not so much as by the Sovereign, unless with the common Consent and Suffrage of all the Knights-Companions_.

But these Passages are altogether erroneous, the _Knights-Companions_ only _nominate_ the _Persons_, but the right of _Election_ remains solely in the _Sovereign_ of the Order; for whosoever is honoured with his Choice, is immediately admitted; and pronouncing barely the Name of the Person in Chapter, constitutes the Election. After the Scrutiny hath been taken, and presented to the Sovereign, he peruseth it himself, or the _Chancellor_, or some other Officer of the _Order_ that gathered it, reads it over to him; afterwards the Sovereign resolves forthwith, upon some one or more of the Knights, contained in the Scrutiny; and then publickly declareth the _Name_ of him, or them, he does _Elect_; and by the bare Act of his _Pronunciation_, they Commence Elected Knights; except now and then the Sovereign is pleased to give his Reasons, why the Knight is Elected by him.

But though this Act of _Election_ be solely in the _Sovereign_, yet the Consent of the _Knights-Companions_ is frequently recorded in the _Annals_, and sometimes mentioned in the _Commissions_ of _Legations_ to _Foreign Princes_; not that the single Act of _Election_ is, in truth, the Act of the whole Chapter, or is made invalid, without the joynt Consent of the _Knights-Companions_, present at the Election; but their Consent so expressed, is to be taken as an honorary Respect given them by the Register, intimating rather an Applause, or Commendation of their _Sovereign’s Choice_, as being in their Opinions Just and Right, according to the Merit of the Elected, than a material Circumstance, tending to the Ratification of the Election made by the Sovereign, as if defective without it.

§. 15. Among other Duties incumbent on the _Register_, and expressed in the Statutes of the _Order_, this is one: That the Register’_s Office is to set down, and record for a Memorial, the Elections (or Scrutinies,) and Names of the Knights Elected_: But in succeeding Times a Scruple arose, if this was not needless, when the _Scrutiny_ should be taken, yet no _Election_ made; to clear up which doubt, in a Chapter held in 5 _Elizabeth_, on St. _George_’s-_Day_, it’s recorded as the Sovereign’s Will and Pleasure, that thenceforward it should be Enacted, and received as the Sanction of a _Law_, within this Order; _That if any Nominations were taken from the Knights-Companions, the same should be entered into the Annals, though there were no Election made of any Person into the Order at that Time_: Which we presume was so Decreed, out of great deference to those Princes and noble Personages, who, in descending Times, should, by the glory of their Exploits, appear but worthy of a _bare Nomination_ into so resplendent and illustrious an Order. And in pursuance of this _Decree_, there is frequent mention made of the delivery of the _Scrutiny_ into the Hands of the Register, in order to be Recorded.

The Blue Book says, _Anno_ 22 _Elizabeth_; _That the Chancellor himself_ delivered the _Knights-Companions Votes to the Register, to be committed to Writing, for a perpetual Memorial; and accordingly the Register, as his Duty obliged him, transcribed them, and put them in their proper Place, with all Care and Fidelity_. _Anno_ 34 of the same Queen, ’tis said, _the Votes were delivered to the Register, who took care to Record them, according to usual Order_. Yet maugre this Law, the Entry of Scrutinies hath been sometimes omitted, either by the _Register_’s forgetfulness of the Decree, or some accidental Miscarriages. In some Places of the Annals, in the room of _Scrutinies_, we find Excuses entered, as it’s said, _Anno_ 28 _Elizabeth_; that the _Prelate_, immediately after _Vespers_, presented the Scrutiny to the Sovereign; but because there was no Election made of any new _Knights_, in regard of hurry, or weighty and pressing Affairs, it was laid aside, and _through Neglect lost_, or at least came not into the _Register_’s Hands, to be inserted in its proper Place. And when the Dean of _Windsor_ collected the Scrutiny at _Vespers_, _Anno_ 18 _Elizabeth_, it’s said, _No Election was made, nor any thing else done_: The like Excuse is made, _Anno_ 5 _Charles_ I. but the Fault is thrown upon the Chancellor; for though the Scrutiny had been taken by him, during the _Vespers of the Feast-Day, yet would he not suffer it to be entered_. In some Places we find, _Anno_ 31 _Elizabeth_, the _Votes_ being presented, _they were left with her_. And _Anno_ 11 _Charles_ I. the Scrutiny of _Algernoon_ Earl of _Northumberland_ never came to the Register’s Hands.

But the Law yet remains in force, that all _Nominations_ and _Votes_ of the _Knights-Companions_ ought to be enter’d among the _Annals_, whether Election be made or not, unless it shall please the _Sovereign_, upon some Emergency, to forbid it: As appears but by one Example of such a Prohibition, _viz._ _Anno_ 40 _Eliz._ where, by the Queen’s special Command, the _Scrutiny then taken was not recorded among the Acts of this most Noble Order_. But then it is declared, That _the Register took care to set down all the Passages as they happened, the Names only excepted_. And why the _Scrutiny_ is not inserted in the _Registry_, _An._ 44 of _Eliz._ gives this Account: That upon assembling the _Knights-Companions_, it seemed good to the Sovereign, for several urgent Reasons, best known to her self, to give Commandment, That for that time, _they would wholly forbear all Scrutiny of Votes, and Nominations of Persons_; except which, there was nothing wanting to heighten the Solemnity of that Assembly: But this in the _Annals_ is said to be _præter morem_, contrary to the usual Custom.