Chapter IX: Part 9

THE Honours conferred on this Officer, are, that his Post in all Proceedings and Ceremonies of the Order, is on the right Hand of the Chancellor; that he hath the Privilege of Marshalling his Arms within the ennobled Garter, and accordingly hath it been customary to surround them, impaling his See. He hath allotted him convenient Appartments within the Castle of _Windsor_, in a Tower Situated on the North-side, called _Winchester_ Tower; and as often as he shall Arrive thither, or to any other Place at the Sovereign’s Command, upon the Affairs of the Order, he ought to have allowed him of the Court Livery for Himself and Retinue, according to the Stipends, that Earls resident in Court do possess. 2 _Car._ I. This Officer (so well as the Chancellor) had the Honour allowed him, to Wear upon the left Part of his Cloak, Coat, and riding Cassock, at all seasons, when he should not be Invested with his Robe, and in all Places, and Assemblies, a Scutcheon of the Arms of St. _George_, but not inriched with Pearls and Stones. But not long after there was some restraint upon this Act, tho’ I do not find it repealed.

§ 2. THE institution of the Chancellors Office, his Oath, Robe, Badge, and Pension next follows to be handled. At the Erecting this Noble Order, the common Seal was ordained to remain in the custody of whomsoever the Sovereign should please to lodge it, but expresly to be one of the Knights-Companions; among whom in after-times, Sir _John Robertsack_ is Stiled _Custos Sigilli Ordinis_, having the custody of it by Decree, 1. _Hen._ VI. by a Prolepsis of Speech, Styled Chancellor in the Black Book. But King _Edw._ IV. finding it requisite to fix the Office of Chancellor of the Garter, in a Person distinct from the Knights-Companions, and subservient to them, Decreed in a Chapter at _Westminister_, 16 _Regni sui_, That the Seal of the Order should be resigned to _Richard Beauchamp_, then Bishop of _Salisbury_ to keep during pleasure, and he to be called Chancellor of this most noble Order; not long after by Letters Patent, under the Great Seal of _England_, Dated the 10th of _Oct._ 15. _Edw._ IV. this King declared, that tho’ this Office was not expressed by the Founder’s Statutes, yet was it nevertheless very useful, and therefore for the Advancement, and good of the Order, he constituted an Officer named Chancellor: And forasmuch as this Office was of great Import and Concern, and required an expert and able Person, it was His further Pleasure, that none but a Bishop should Execute it; moreover considering the Chapel of St. _George_ at _Windsor_, was Founded within the Diocess of _Salisbury_, and having regard to the prudence and diligence of the said _Beauchamp_, who out of meer love to the Order, attended daily the progress of the Work, wherewith the King was then in hand for enlarging the Chapel at _Windsor_; he did therefore Ordain the said Bishop for the Term of his Life, Chancellor of the Order, and after his decease, his Successors, Bishops of _Salisbury_, should always have and hold the said Chancellor-ship; Nevertheless, provided that the King’s Concession should be put in execution, by the Advice of the Knights-Companions, and without prejudice to the Bishop of _Winchester_, in those things which ought by the Statutes of Institution to belong unto him.

THIS Office thus conferred upon _Beauchamp_ personally for Life, and perpetually to his Successors, Bishops of _Salisbury_, by vertue of this Grant continued Chancellors, nor doth it appear that any other Person had been invested therein, until _Ann._ 7. _E._ VI. that Sir _William Cecil_, then principal Secretary of State, was made Chancellor.

FOR upon Reformation of the Order by that King, his Statutes wholly excluded the Ecclesiasticks, and appointed that the Chancellors-Office should be executed by a Knight qualified, with Honour and Reputation to manage a Post of that Care and Fidelity; he thereupon appointed Sir _William Cecil_, Chancellor; And here first entred a secular Person, notwithstanding which in a Charter to the Bishop of _Salisbury_, 4 _Eliz._ (containing the Charters of Queen _Mary_, _H._ VIII. and _H._ VII. and in another 4. _Car._ I.) the forementioned Letters Patents, made to _Beauchamp_, by King _Edw._ IV. are therein recited _totidem verbis_, and confirmed as a Tacit Reservation of the Right and Title of those Bishops, whensoever the Sovereign should have a benign and propitious Aspect towards that See. The first of these Bishops who concerned himself for recovering this high Station to that See, was Bishop _Cotton_, who upon the Death of Sir _Edward Dyer_, sometime Chancellor, Petitioned the Sovereign, 6. _Jac._ I. and prayed Restitution thereof to the Church of _Salisbury_; but before any determination, the two chief Justices, and chief Baron was advised withal, who were of Opinion, that this Office was not compleatly or sufficiently annexed to the Bishoprick of _Salisbury_ by King _Edw._ IV. But _Cook_ in his Institutes, reports the point Void, upon the incertainty of the Grant, for that a new Office was Erected, and not defined what Jurisdiction or Authority the Officer should Exercise; and there’s assigned a third Reason, That the Grant was in the Sovereign’s disposal, because the Patent was obtained without Fee; with one or more of these Opinions, the Sovereign’s judgment being swayed, He forthwith nominated Sir _John Herbert_, one of His privy Council to the Chancellor-ship, and so this affair remained Silent, until _Anno_ 12. _Car._ I. when _John Davenant_, Bishop of _Salisbury_, upon Sir _Francis Cranes_ decease, remonstrated to the Sovereign his Claim to this Office, whereupon at a Chapter held at _Windsor_, 5th of _Dec._ that Year, the Sovereign propos’d to the Knights-Companions present, that tho’ he had made Election of Sir _Thomas Rowe_ for his Chancellor that time, yet understanding a Claim made by the Bishop of _Salisbury_, that the Place was annexed to that See, he commanded the Lords-Companions to take the pretence of right into their considerations; to which proposition of the King’s, they answered that they thought it not their duty to search for the Title of any Person, but that if the Bishop did produce his Evidence and Proofs, he might present it in Chapter to be considered.

UPON this Encouragement, the Bishop presented a Petition, which was read in the Chapter at _Windsor_, the 18th of _April_ ensuing, to this effect, That King _Edw._ IV., by Letters Patent, had Erected this Office of Chancellor, and did then grant the same to _Richard Beauchamp_, Bishop of _Salisbury_, and his Successors for ever, in consideration that the Chapel of St. _George_ was within their Diocess; that those Bishops had enjoyed the same, according to the Charter, which Charter had been confirmed under the Great Seal of _England_, by some other Kings and Queens, and lastly by the King himself. But that the use and exercise of that Office had for many Years been discontinued from them, praying therefore an Hearing, and Examination, that the right of the said Church might be preserved and restored. To the substance of which it was objected.

_First_, THAT> the Great Seals of _England_ did not work within, or upon the Statutes and Rules of the Order of the Garter.

_Second_, THAT no Grant could prescribe the present Sovereign, it being a Law Fundamental within the Order, _Suprema Lex_ was _Suprema Voluntas_.

_Third_, THAT it did not appear by the Records of the Order, that the Office of the Chancellor was any otherwise conferred upon _Richard Beauchamp_, Bishop of _Salisbury_, than _quam diu Regiæ celsitudini complaceret_.

TO the _First_, It was answered by way of Exception, as to the Grant of Offices, forasmuch as the Great Seal of _England_ was took into, and became legal within the Order in like cases; and not any Patent for an Office, had past under the Seal of the Order, but under the Great Seal of _England_, and in particular the Office of the Chancellor-ship, which had not been transacted, if any legal defect had been therein.

TO the _Second_, granting it was so as was Objected, it appeared that the Sovereign was as much at liberty to restore this Office to the See of _Salisbury_, as continue it to secular Dignities.

TO the _Third_, what was alledged out of the Records of the Order, related only to the time of delivering the Seals to Bishop _Beauchamp_: But afterwards when the Office was Erected by Letters Patent, it was then granted to him during Life. Something was replied from the Judges Opinions, even in this case, _Ann. Jac._ R. VI. But the Sovereign thought it was not then well canvass’d and weighed, to permit the Chapter Acts of this Order, wholly independant from other Laws, to receive construction and determination from the common Law, and therefore declared that the Bishop ought to be heard; and to that purpose, gave him Orders to prepare the Vouchers and Proofs of his pretensions in vindication of his Petition, and to send them to be delivered to the Knights-Commissioners, elected for the affairs of the Order, for their consideration at the next Chapter, which was accordingly put in execution, and then refierred to them again to be considered, prepared and abbreviated, to be perused by the Sovereign, for his final determination. But the _Scotch_ War shortly after breaking forth, and troubles running high at Home, the further Prosecution was laid aside, and not revived until the 19th of _Nov._ _Anno_ 21. _Car._ II. When _Seth Ward_, Bishop of _Salisbury_, took encouragement upon the former grounds, and the Sovereign’s favour, to set on foot this Claim, by a Petition presented to the Chapter then held at _Whitehall_, where, after a full debate and mature deliberation had of its equity and just Foundation, he obtained a Decree for Re-establishment of this Office on the Bishops of that See, upon the first vacancy, Dated the 19th of _Nov._ 1669. and present his Majesty the Sovereign, the Dukes of _York_, and _Ormond_, Earls of _Oxford_ and _Manchester_, Prince _Rupert_, Earls of _Bristol_ and _Sandwich_, and the Duke of _Monmouth_.

Of the OATH.

THE Oath the _Chancellor_ takes at his Admission which we find to be the same with the Prelates, and in the like humble Posture upon the Knee, and usually Administred by the Register of the Order. As to his Robe, it was at first the same with the Prelates, both for Cloth and Colour, but his proportion of Cloth far less, having allowed him but 5 Yards, when the Prelate had 24, nor but 3 Timber of Minever gross, where the Prelate had 19, beside a large quantity of other Furs; nor was the Colour confined to one kind, until the constitutions of this Office appointed it to be Crimson, as was the Prelates, for no doubt it was before annually changed, as his was to the Colour of the Knights-Companions Surcoats; however by the Picture of the ancient Habits of the Officers, it is conspicuous, it was debared the Royal Badges, wherewith the Prelates Rose was Embroidred; when the Colour of the Prelates Robe was changed to Murray, the Chancellors had the same Alteration and was Trim’d alike in all other particulars. The proportion allowed to Sir _Thomas Smith_ for his Livery, _Anno_ 14. _Eliz._ was 18 Yards of Murray Velvet, 12 Yards of Sarcenet for the Lining, one Garter wrought with Pearls of Damask Gold for the Shoulder, one Lace (or Cordon) with Buttons, and Tassels of blue Silk and _Venice_ Gold, and the same Materials and Quantities were afterwards distributed out of the Sovereigns great Wardrobe, to the succeeding Chancellors.

BUT _Anno_ 13. _Car._ I. The Prelate and Chancellor endeavouring a Reformation in this Habit, the Dye both of the Prelates and this Officers Robe was changed into Purple.

BESIDES this Robe, the Chancellor of the Order hath an honourable Badge of Distinction assigned him to wear, first granted to Sir _William Peters_ and his Successors, the 9th of _October_, 1 and 2 _Ph._ and _Mar._ _viz._ a golden Rose enclosed within a Garter, which he and his Successors, Chancellors of the Order, have ever since worn daily about their Necks; at first it was Pendant in a Gold-Chain, but since in a Purple Ribband. It seems something of this Design had been in Agitation a little before, so soon as the Chancellorship became vested in a Layman; for King _Edward_ VI’s Statutes did Ordain, _That the Chancellor should wear about his Neck a Cross of the Order, with a red Rose, in a white, of Gold, all compassed within a Garland of red and white Roses_.

AND because it was suggested to King _Charles_ I. That there were different Accounts and Uncertainties contained in some Books concerning the Wearing of this Badge, He, by Warrant dated at _Oxford_ the 16th of _December_ in the 21st Year of his Reign, 1645. ordained Sir _James Palmer_ Kt. and Bart. Chancellor of the said Order, (and his Successors) _should wear about his Neck at all times in Honour of his said Place, (that thereby he may be known to be of that Office and Dignity, as hath been accustomed) a Medal or Jewel of Gold enamelled with a red Rose, (within a Garter of Blue enamel, with this Sentence inscribed_, Hony soit qui mal y pense) _or such an one as we or the rest of the Knights-Companions of the said Most Noble Order of the Garter do or shall from time to time hereafter wear in our Collars of the said Order in particular Reference to us or them. And in the Reverse thereof, he shall bear the Escutcheon of St._ George _enamelled within a Garter also in reference to the Order it self, which he only shall wear hanging by a light purple Ribband, or in a gold Chain, as hath been accustomed_.

AMONG the Officers of the Order, the Chancellor is seated next beneath the Prelate, and in all Proceedings and Sessions, goeth, and sitteth, on his left Hand: And as it was ordered by the Constitutions of the Officers, That if the Chancellor hapned to be a Layman, he should be also a Knight, and have other personal Endowments. So did King _Charles_ I. conceive it requisite to confer some further Mark of Distinction upon this Officer, in relation to Place and Precedence without the Order; to which effect, there passed a Decree in a Chapter assembled by the Sovereign at _Whitehall_, the 23d of _April_, 1623. present, the Earls of _Mulgrave_, _Montgomery_, _Rutland_, _Carlisle_, _Holland_, _Suffolk_, _Pembroke_, _Arundel_ and _Surrey_, _Salisbury_, _Dorset_, _Bark-shire_ and _Northampton_, _That Sir_ Francis Crane, _the present Chancellor, and all others that should succeed him in that Place hereafter, shall, in right of that Place, in all Assemblies, and upon all Occasions, be ranked and placed immediately after Knights-Privy-Councellors, and before the Chancellor of the Exchequer, the Persons holding both Places, being in_ Pari gradu, _and consequently before all others, whom the said Chancellor is to precede_, &c.

AND to the intent the Chancellor of the Exchequer’s Place may be certainly known, _May_ the 20th, 21 _Jac._ I. it was thus established, _That the Knights of the Most Noble Order of the Garter, the Privy-Councellors, the Master of the Courts of_ Wards _and_ Liveries, _the Chancellor and Under Treasurer of the_ Exchequer, _Chancellor of the_ Dutchy, _the Chief Justice of the Court of_ King’s Bench, _the Master of the_ Rolls, _the Chief Justice of the Court of_ Common-Pleas, _the Chief Baron of the_ Exchequer, _and all other Judges and Barons of the Degree of the Coif, should have Place and Precedency in all Places, and upon all Occasions before the younger Sons of Viscounts and Barons, and before all Baronets_, &c.

THE aforesaid Constitutions provide the Chancellor of the Order an Habitation within the Castle of _Windsor_, as well as the Prelate, which is the South-West Tower in the lower Ward of the Castle, call’d the _Chancellor’s Tower_. The Possession thereof had been for some time in the Power of others; and therefore by a Chapter convened at _White-hall_, _Nov._ 5th, 5 _Car._ I. it was restored unto Sir _Francis Crane_, then Chancellor of the Order, and after his Decease, to descend to his Successors. These Constitutions also ordained him the like Liveries at the Table and Court of the Sovereign, as were allowed to the Prelate.

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

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

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

THERE was a Seal made at the beginning of the Reign of King _Cha._ I. which being esteemed too little for the Grandure and Honour of the Sovereigns Commissions, if was afterwards Decreed in Chapter, held 18th of _April._ 13. Car. I. _That a new one should be made of a larger Size, with the accustomed Arms and Motto, and the care thereof commited to Sir_ Thomas Rowe, _Chancellor_; which Command he Executed with all due care and regard, as is manifestly evident by the nobleness of the design: One Representation being St. _George_, in Armour, adorned with a waveing Mantle, his Bever open, his Helmet plumed, holding a Shield of his Arms in his left Hand, and striking with a Sword in his right, his Body mounted on a bold Horse, Trampling over a Dragon, which Assails the Champion, the whole Figure is well contracted, and the Sun, a Rock, the Bones of devoured Men, and a Mountain in _Lointon_, in it is Circumscribed, _Magnum sigillum Nobilis Ordinis Garterij_; having the enrichments of festons between every Word placed pentagonally: The other Representation, is the Royal Garter imperially Crowned, enclosing a Shield of the Arms of St. _George_, impaling the Sovereign’s Arms, the same Bordered with Fret-work, and other Ornaments in Cartouche. In the same decree, direction was given also for a new Signet, the former being thought too big for Letters, and this was an Oval shaped so from its Impression, which was the Garter Crowned, wherein was St. _George_, and the Sovereigns Arms impaled.

IT was at the same Chapter further decreed; “That all Legations to deliver this Order to Foreign Princes, all other Acts, bearing the Stile of Commissions, all Patents of Offices and Fees, all Grants or Licences sent out of the Kingdom, should be Sealed with this Seal, which should be henceforward called the Great Seal of the Order; so also the Book of Statutes, sent to Elect Knights or Foreign Princes, being fixed to a Label of Blue Silk, and held according to antient Custom; and that all Letters concerning the Order, whether of signification of Election, or Lieutenancy, or Summons upon prorogation, or other Directions from the Sovereign, should only be Sealed with the Signet: Moreover, these Seals were appointed to be thenceforth Born before the Sovereign in all Publick Assemblies, during the Celebration of St. _George_’s Feast, or in other its Solemnities by the Chancellor of the Order, in a Purse of blue Velvet,” and Command given to Sir _Thomas Rowe_, to provid one accordingly; on the foreside of which Purse was richly Embroidred (by a Gold-Smith) with _Venice_ Gold and Silver, Gold and Silver Purls and Plates, and variety of _Naples_ Silks, the Arms of St. _George_ impaling the Sovereign, surrounded with a Garter Crowned, having a very fair Running Work, or Compartment round about it, the charge of which amounted to 13 _l._ 16 _s._ 10 _d._

BY the Statutes of Institution, it was ordained, That in case the Knights-Companions, to whose care the Sovereign did commit the Seal of the Order, should upon lawful Occasions, be absent from Court, it behoves him to leave it behind him, with some other Knight-Companion to present, to the Sovereign, to the intent it might be always in readiness; but if the Sovereign be out of His Kingdom, then the disposal of it, was commited to the Deputies, and the Signet of the Order should have a Warrant for all such Acts and Decrees as should be confirmed there.

THE distance from Court was by the Constitutions, restricted to 10 Miles, and by the Statutes of King _Hen._ VIII. to 20. upon consideration whereof we find Sir _Thomas Rowe_ Chancellor, having some occasions, _Anno_ 13 _Car._ I. to be absent above 20 Miles, tendred the Seals to the Sovereign, who was pleased to dispence with the Statutes, and permitted him to keep them nevertheless.

§ 3. THE Registers Oath, Mantle, Badge, Privileges and Pension, fall next under our consideration; he was one of the three, Constituted at the Institution of the Order, under the Title of _Registrator_ and _Registrarius_, and so is called in the Statutes of King _Hen._ V. elsewhere in the Books of the Order, _Scriba_ and _Actuarius_. What were the first Registers, names we cannot discover, till the Reign of King _Hen._ V. But it may be presumed, they were Canons of _Windsor_; because this Office was at first assigned to one of that College; besides the Registers from the Reign of King _Henry_ V. to the beginning of King _Henry_ VIIIth Reign, were also Canons of this College, among whom was _John Coningham_, (and the first found called so) as the Fragments of a Glass Inscription in _Clare_ Church near _Windsor_, where he was Rector, attests. The first Dean of _Windsor_, Constituted Register of the Order was _John Vesey_, Anno 8. _Hen._ VIII. many of whose Successors in this Deanry, have since been admitted; nevertheless, as they were Canons not Deans of _Windsor_, and tis not improbable the Deans were Elected to this Office, as being enabled to support the Reputation of the Registership, with the Revenue of his Deanry, better than any of the Canons, with the addition of the Pension. But at a Chapter held at _Whitehall_, the 22d of _April_, 11 _Car._ I. The Sovereign thought it convenient that the Office of Dean and Register should concenter in one and the same Person, as formerly, and therefore commanded this his Pleasuer to be Enrolled among the Annals of the Order, that so it might pass in the future Times, from Example into Rule.

BY the Constitutions of the Office, a secular Person is made capable of it, no less than an Ecclesiastick, how be it, _He is to be a Man of singular integrity_, eminent quality, a Knight, and signalized for Experience and Learning; but if an Ecclesiastick, then must he be a Person of consummate Erudition, _a professor of Divinity or Law, either Canon, or Civil_, and a Dignitarian in some Cathedral Church, or else a Canon at _Windsor_.

THE substance of his Oath in the Statute of the Institutions was, _That he should enter upon the Registry, with all Fidelity, the Scrutinies, Elections, Penalties, Reconciliations, and all other Acts relating to the Order_, to which was added, that he shall faithfully Discharge his Duty in all things. But in King _Hen._ VIIIth Days, the Oath enjoyned him, differs nothing from that of the Prelates and Chancellors.

AT his Admission, he takes this Oath Kneeling, while the Prelate used to pronounce the Words as _Anno_ 1 _Mar._ 5. and 6. _Ph._ and _Mar._ but in his absence, as _Anno_ 3 _Eliz._ the Chancellor administred it. _Anno_ 4. _Car_. I. the Prelate, Chancellor, and Register, took their Oaths at one time, and then it was thus Ordered; first the Register took it Kneeling between the Sovereign’s Knees, the Black Rod holding the Evangelists, and the _Garter_ read the Words out of the black Book; this done, the Register read the Words of the Prelates Oath, when he was Sworn; and in the last place, did the like to the Chancellor; after this manner did Garter read the Words to the Registers, admitted 11 _Car._ I. and 12 _Car._ II. We cannot trace the Habit this Officer had assigned him at the Erection of the Order; but it afterwards appears, that his Allowance was the same with the Chancellors, consisting of 5 Yards of Woollen Cloth, and 3 Timber of Minever gross, equalent to what those Knights-Companions had allotted, who were under the degree of an Earl: The Habit he is pourtrayed in, at a proceeding of King _Hen._ VIIIth Reign, shews it to be Ecclesiastical, a black Gown, a Surplice over that, reaching to his Ancles, and thereon a Mantle of Furs; but the Constitutions of his Office restricted him to none, wherein there seems a defect, since they have assignd Habits to the Garter, and black Rod. Notwithstanding by a Draught of the Officers in their ancient Dress, it is plainly demonstrable to be a Mantle, somewhat of a Russel colour, Faced with a Pane of blue, whereon is Embroidred a Flower-de-luce Crowned Gold, then another Pane red, thereon a Lyon Passant gardant Crowned Gold, and so they are alternately placed to the bottom; to this Mantle belong Cordons of Silk, blue and yellow.

SINCE that time, not only the Registers, but also Garters and Black Rods, Robes, underwent some Alterations; for by a Decree in Chapter, called at St. _James_, _Jun._ 1. 4 and 5. _Ph._ and _Mar._ these Officers were assigned Mantles of crimson Satin, Lined with Taffaty, and a Scutcheon of St. _George_’s Arms, Embroidred on the left Shoulder, but not encircled with a Garter, having the same Buttons and Tassels as were appointed to the Prelate and Chancellor; the proportion of Satin assigned to each Mantle, was 14 Yards, and as many Yards of white Taffaty.

AND tho’ the Registers Mantle was _Ann._ 27 _Eliz._ composed of the preceeding Materials, and had like Trimming, yet they agree not in their Proportions, here being allowed 18 Yards of crimson Satin, and but 12 of Taffaty; from hence these Mantles continued immutable until the 20th of _Feb._ 13 _Car._ II. when there Issued a Warrant to the Master of the great Wardrobe, to prepare for this Officer, as also for Garter, and the Black Rod, for their Liveries Mantles of scarlet Satin, each containing 18, and 10 Yards of white Taffaty for Lining, but consonant in all other Punctilio’s with the former; yet why the colour was altered, is not expressed.

THE Register seems to have been represented with a Scrowle in his Hand, for his Badge, and by the proceedings in Queen _Elizabeth_’s Reign, Pictured with a Book, both proper Symbols of his Office. In Dr. _Christopher Wren_’s Registership, the Sovereign Commanded him to cover the red Book of the Order with crimson Velvet, and assigned for the Garter, two Pens in Saltire, interlacing the Garter above with these two Letters _C R_ Crowned, all being richly Embroidred, (as also the Border) with _Venice_ Gold and Silver, and various colours of _Naples_ Silk, by _Harrison_ the Sovereign’s Embroiderer, with a Clasp, in Imitation of the Garter, surrounding the Representation of St. _George_, which cost 12 _l._ 17 _s._ 6 _d._ This Book he was Ordered to bear before his Breast, on all Solemn Occasions when he wore his Mantle, and for his better Convenience, he made a Belt and an Ouch to hang it by.

SO high a Regard had the Sovereigns of this Order, not only to this Officer, but likewise to Garter and Black Rod, that they took them into a particular Protection, and by the Constitutions of their Offices granted them, “That they, their Goods and Servants should severally remain under the Safe-guard of the Sovereign; and if any Injury or Violence should chance to be offered them either by Subjects or Forreigners, whensoever they should exhibit their Complaint to the Sovereign, either himself or the Knights-Companions should afford them Justice; but if the adverse Party should refuse to submit his Cause to the Sovereign, then the Sovereign and Knights-Companions should shew themselves so far inclinable towards these Officers, as to be ready to allow them all favour, countenance, _&c._” consistent with Justice and Equity.

UPON the strength and Security of this ancient Privilege, to avoid the prolongation of a Law Suit, Dr. _Christopher Wren_ Register, Petitioned the Sovereign in Chapter, held at _Whitehall_, the 19th of _April_, 13 _Car_. I. against one _Thornhill_, who under Pretence of Digging for Salt-Peter, had so Undermined his Pigeon-house, Built on the Rectory of _Knoil Magna_ in _Wiltsh._ that it fell down; and upon reading of the Petition, it was resolved by the Sovereign, and Knights-Companions, “That they would consider the Grant in the Constitutions, and, until it was farther declared, the Chancellor of the Order should have Power upon Information of any rigour upon Controverse begun in any other Court, to write Letters under the Signet of the Order, that all vexation against them should be superseded until Information of the cause were given to and determination in the Cause resumed by the Sovereign, or leave of him obtained to Proceed.” After this it is set down, that _Thornhill_ was Summoned before the Lords Commissioners of the Navy, and his negative Answer given in, and represented to the Sovereign in another Chapter, conven’d the 4th of _October_ ensuing; whereupon it was ordered, “That the Chancellor should write to the same Lords Commissioners, and another to the Earls of _Pembroke_, _Arundel_ and _Dorset_, three of the Knights-Companions, to Empower them, that they or any three of them, should cause the said _Thornhill_ to be brought before them, and likewise write to any of the Inhabitants of _Knoil_, to view and testifie the Truth, to hear any further proof on the behalf of either Party, and to give Sentence according to Justice, that so a tedious Suit of Law might be prevented, and the Dignity of this most noble Order protected.” These Commands of the Chancellor being Executed, and Certificates returned from the Country, the Knights Companions, in a Chapter held the 23th of _May_, 14 _Car._ I. were moved to peruse them; but before they could meet, _Thornhill_ fled, and the Prosecution of this business ceased. Upon the same footing was it, that the said Dr. _Wren_ obtained from King _Cha._ I. His Gracious Protection for himself, Servants, and Estate, literally expressed in the late War, _as the Violaters of that Order would answer this our contrary at their Peril, Dated at_ Oxford, _under the Signet of this our Order the_ 12th _Day of_ Dec. _in the_ 19th _Year of our Reign_.

THIS Officer by the Constitutions hath a Pension of 50 _l._ _per Annum_, or proportionable in Fees, Offices, or other Emoluments; and _Ann._ 1. and 2 _Ph._ and _Mar._ the same numerical Pension was conferred on _Owen Oglethorp_, Dean of _Windsor_, out of the Exchequer, until some Ecclesiastical Preferment of like value should devolve on him. The same was confirmed to Dr. _Maxey_, by Decree in Chapter, 16 _Jac._ I. and afterwards to Dr. _Beaumont_, by Letters Patent, under the Great Seal of _England_, 20 _Jac._ I. but there needed no Allotment of Lodgings at _Windsor_ to this Officer, as there was to the rest, since both the Canons and Dean were provided of Houses belonging to their Ecclesiastical Dignities within the College, at the Erection of the Order.

§ 4. THE _fourth Officer of the Order is Garter_. He Was ordained by King _Henry_ V. with the advice and consent of all the Knights-Companions, who for the Honour of the Order, was pleased he should be the principal Officer within the College of Arms, and chief of the Heralds. The Services enjoyned him, relating to the Order, were in preceding Times, performed by the _Windsor_ Herald of Arms, an Officer created with that Title by K. _Edward_ III. much about the time of his Erecting this Order, and an Annual Pension of 20 Marks, payable out of the Exchequer, by Letters Patent for Life, which was confirmed by King _R._ II.

SIR _William Brugges_ was the Person first created Garter, and called in the Institution of his Office, _Jartier Roy d’armys des Anglois_, but elsewhere stiled _Willielmus Brugges, alias Dictus, Gartier Rex Armorum_. This Sir _William_ became a great Benefactor to St. _George_’s Church at _Stamford_, and in the Windows of the Chancel caused to be Represented King _Edward_ III. with his twenty five Knights-Companions kneeling, Habited in their Mantles and Surcoats of Arms, but now much shattered and defaced; _John Smert_ his Successor had this Office conferred on him by Letters Patents, under this Title _Rex Armorum de Garteria_, and _John Wrythe_ was stiled _Principalis Heraldus, & Officiarius inclyti Ordinis Garterij, Armorumq; Rex Anglicorum_, but Sir _Gilbert Dethick_ leaving out _Heraldus_ joyned _Principalis Rex_, which still continues.

IN the Constitutions of his Office he is called _Garterus, Rex Armorum Angliæ_, whom the Sovereign and Knights-Companions have decreed to be a Gentleman of Blood and Arms, of unspotted Reputation, and Born within the Kingdom of _England_; besides as King _Hen._ V. did before, so doth King _Hen._ VIII. declare that he shall be chief of all the Officers of Arms, dependant upon the Crown of _England_.

THE substance of his Oath administred by the Register at his admission, whilst he humbly kneeleth at the Sovereign’s Feet, in the Chapter House; is,

1. _To yield Obedience to the Sovereign, and Knights-Companions._

2. _To keep Silence, and not disclose the Secrets of the Order._

3. _To make Signification of the Death of each Knight-Companion._

4. _To execute all things faithfully committed to his Care._

5. _To enquire diligently after all the noble Acts of the Knights-Companions, and certifie them to the Register._

6. _To be faithful in the exercise of his Office._

AND such an Oath Sir _Christopher Barker_ took at a Chapter held at _Greenwich_ 28 _Hen._ VIII. when he was made Garter.

AS for a particular Habit, we do not find any inserted in the Great Wardrobe, whence it is presumed, he was at first distinguished from the rest of the Officers of the Order, by his Coat Embroidred with the Sovereign’s Arms, like as the Provincial King’s then wore. But after the Constitutions of the Officers were Established, there was assigned him a Habit or Mantle in all respects, resembling the Register, (saving that the Ground whereon the Lyons and flower-de-luces were Embroidred, was entirely Red) and this to be wore only at the publick Solemnities of the Order. Queen _Mary_ Commanded it to be made of crimson Satin, and so it remained till the Restoration, when the Colour was altered to scarlet.

THIS Officer is appointed to bear a white Rod or Scepter at every Feast of St. _George_, the Sovereign being present, gilded at both ends, and at the top the Arms of the Order impaling the Sovereign’s Arms pourtray’d on an oblong Cube Crowned, but no directions are given in the Constitutions for this Crown, nor for that Ducal one on his Head wherewith his Effigies has been represented, and yet at all great Solemnities is never used that we can discover. There was assigned him by Queen _Eliz._ a Badge of Gold to be worn daily by him and his Successors, before the Breast, in a gold Chain or Ribband, and thereon Ennamelled the Sovereign’s Arms, Crowned with an Imperial Crown, and both surrounded with the Garter: But Sir _Edward Walker_ when made Garter, obtained the Sovereign’s leave to Impale therein St. _George_’s Arms, with those of the Sovereign’s, which Badge is alike on both sides.

THERE is an House appointed for his Habitation within _Windsor_ Castle, called Garters Tower. It was by Chapter annexed for ever to the Office of Garter, and restored to Sir _William Segar_’s Possession, 2d of _May_, 1630. By the Constitution of his Office, he is to be allowed Barons Service in the Sovereign’s Court, and his Table Served next after the Dean of the Chapel, with such Liveries as of old were accustomed.

IT appears that King _Hen._ V. after his erecting this Office, died before he had settled a Pension upon Sir _William Brugges_, for supportation of his little Estate, which the Knights-Companions taking into consideration, and that he might more honourably comport himself to the Service of the Order, till the young King should come to Age, they being assembled in a Chapter, with the consent of the Prelate, decreed the said Sir _William_ to receive of each of them at every Feast of St. _George_, as is set down, _viz._

{Of the Bishop of _Winchester_ Prelate 5} {Dukes -- -- -- 5} Marks.

{Earl -- -- 6}
Of every {Baron or Baronet 4} Nobles.
{Knight Batchelor 2}

THE first payment was agreed to be pay’d down, and so to remain in force annually with request to the absent Knights, that for the Honour of the Order, and causes in the Instrument express’d, they would approve of their Ordinance which passed under the Seal of the Order, Dated at _Windsor_, 1422. Afterwards King _Hen._ VI. in consideration of his Services to his Father and himself, with consent of his Council, granted to the said _Brugges_, by Letters Patent, a Pension of 20 _l._ _per Annum_, out of the Fee Farm of the City of _Winchester_ during his pleasure, which Pension upon the surrender of his Patent he granted anew to him and _Agnes_ his Wife, for their Lives and the longer liver of them; and when this Office upon Sir _William Brugges_ death, was devolved on _John Smert_, _Guyenne_ herald (3 _April_ 28 _Hen._ VI.) he had the yearly Sum of 20 _l._ granted him therewith for Life out of the Exchequer: But his Successor _John Wrythe_, _Norroy_, obtained an increase of Pension to 40 _l._ _per Annum_, made payable out of the small Customs of the City of _London_; this annual Sum was afterwards confirmed to Garter by the Constitution of his Office, and an Augmentation from the then Knights-Companions additional to the Pensions granted by their Predecessors, upon the Death of King _Hen._ V.

{A Duke -- -- 4 Pounds.
{
{A Marquess -- 5}
Of{An Earl -- -- 4} Marks.
{
{A Baron -- 6}
{A Knight Batchelor 4} Nobles.

IN succeeding times the Sovereign thought fit to augment this Pension to 50 _l._ _per Annum_, (now payable out of the Revenue settled upon the Order,) and the Knights-Companions yet to enlarge their Sallery, which they did, (the Sovereign assenting) by the decree made in a Chapter held at _Windsor_ 13, 14, and 15. _Sept. An._ 1617. wherein it was ordained, _That their Officer Sir_ William Segar _Garter Knight, King of Arms of that Order should then, and from thenceforth have renew’d and paid unto him certain annual Fees and Pensions, anciently enjoyed by his Predecessors, with a surplus of_ 10 _l._ per Annum, _which his Majesty’s Act of Royal Bounty, hath given to his said Servant for his better support and maintenance, as also of Prince_ Charles, _Prince of_ Wales, _the Sum of_ 8 l. _and of every Duke of the Blood_ 6 l. _all other Estates_, viz. _a Duke not of the Blood_ 4 l. _a Marquess_ 5 _Marks_, _an Earl_ 4 _Marks_, _a Viscount_ 7 _Nobles_, _a Baron_ 40 s. _and a Knight Batchelor that shall be of the Order_, 26 s. 8 d. _all which said Sums of Money, according to the several degrees of their Estates, are to be paid, (continues the Decree) unto the said Garter or his assigns yearly at St._ Georges_’s Feast, or immediately after, as well by the Knights then present, as by those that shall be absent, or hereafter are to succeed in the said Order; and after the decease of the said Garter, to his Successors for ever._

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_.