§ 17. It hath chanced, that tho’ the Nominations for Election have been received, presented and perused, yet the Sovereign hath thought expedient to defer it, upon several Considerations, and principally where an intent was to keep an open Stall; but we must understand this of such Scrutinies as are taken of Course, at the Vespers on the Feast-day.
And the most memorable Example of this Kind, is that of the Emperor Sigismond, who expired in the 16th Year of K. Henry VI. whose Stall was reserved Twenty One Years, and then determined, that Prince Edward, the Sovereign’s only Son, should fill it up, being at that time about Six Years of Age. This is the first Emperor, whose Election we find register’d in the Annals, being about the 7th of May, in the 4th Year of Henry V. styled Sigismundus Imperator Almanicus.
And keeping a vacant Stall was sometimes given as a Reason by the Sovereign for his deferring an Election, as is plain from An. 13. Car. I. when the Scrutiny taken the Day before was read over in the Chapter-House, the Sovereign declared, That he would receive no Man into the Order before his Son Charles. Whereupon all the Knights-Companions gave their Opinions, That this Resolution was rather the effect of Justice, than Fatherly Indulgence; since they all acknowledged him, to be more a Prince by Merit, and towardliness of his Youth, than by the Fortune of his Birth. At which the Sovereign expressed his Satisfaction no otherwise than by Silence.
And in like manner, Anno 15 Charles I. when the Chancellor of the Order gave up the Scrutiny to the Sovereign, he declared——That he had a purpose to have Chosen Prince Rupert, his Nephew, a Knight of the Order; but being then a Prisoner with the Emperor, he would not Elect any at that Time; whereupon, a vacancy of a Stall was reserved. It has sometimes been the Sovereign’s Pleasure to defer Elections, without expressing the Cause, as in the 13 of Elizabeth; though she perused the Scrutiny in Chapter, yet the Blue Book informs us; That the said Sovereign made no Election, though two Stalls were vacant. Thus was it in the 2, 3, 11, and 12, of K. James I. where no other mention is made than this; none were admitted into the Order this Year.
Sometimes we find these Prorogations of Elections recorded, as solely done by the Will of the Sovereign; and at other Times by the Sovereign, and the approbation of the Knights-Companions; to the first of these we find a Memorial, in the 22 of Elizabeth, on the 24 of April; that the Knights-Companions had a Message sent to their Chapter, held before Morning-Prayer; That it was the Pleasure of the Sovereign to prorogue the Election to the following Year. And so it was, in the 10th of Charles I. though the Nomination was taken by the Chancellor, and presented to the Sovereign in Chapter, the Sovereign did not think fit to make any Election at all. And for a Testimony of the second, we meet with this Instance, in the 27th of Elizabeth; that with the concurrent Approbation and Assent of all the Knights-Companions then assisting, the Sovereign thought fit to put off the Election to another Time. As to the seeming difference of the Sovereign’s absolute Authority, and yet the Knights-Companions Approbation, we have cleared up that Point in the Act of Election; for though it is his unquestionable Authority and Prerogative, to Prorogue Elections ad libitum, yet out of Respect, and Honour to the Knights-Companions, their Approbation hath been sometimes exprest.
§ 18. When any Knight-Companion hath received a Summons, to appear at a Chapter of Election, and doth wilfully refuse, or withdraw himself, he was to be mulct a Mark for his Disobedience, which King Henry VIII’s Statutes inlarged to twenty Shillings, payable to the Dean and College of Windsor, to pray for defunct Souls. And at his next appearance in Chapter, he was to remain kneeling in the midst of them, before the Sovereign, or Deputy, till he was restor’d to their Favour: Yet upon a just Cause signified to the Sovereign some time before, under the Seal of his Arms, he was excused, if it was found just and feasible; if not, it was rejected, and he remained Punishable.
And for greater Caution, this Clause was formerly inserted, in the Letters of Summons; where, after the Time and Place for Election was certified, and command given to observe both, the Letter concludes thus, et se estre ny poues nous Signifies soubz, &c. and if it cannot be accomplished, that is, if the Knight-Companion could not meet at the time assigned, to perform what the Statutes oblige, he should then signify to the Sovereign, under his Seal, the cause of his Impediment; so that he might perceive by his Excuse, whether it was worthy of Acceptance, or he in Fault or not.
CAP. X.
The Investiture of a Knight-Subject with the Garter and George.
IF the Knight chance to be at Windsor, that is newly Elected, or wheresoever the Chapter is held, after the Sovereign hath signified his Pleasure in the Election of the Person, the Garter is immediately dispatched out of the Chapter, to give him the Intelligence; as is apparent upon the Choice of the Lord Howard, and Sir Henry Marney, Anno 2 Henry VIII. who was dispatched from the Chapter, to conduct them to the Sovereign’s Presence, to be invested with the principal Ensigns of the Order, the Garter and George.
And as Garter hath been accustomed to signify in Person the Election of a Knight, in like manner an Election is signified, by the Letters of the Sovereign, when he is pleased (for the greater Honour of the Person) to weave by verbal Notice: In such Cases, it’s the Chancellor’s Office to draw up the Letters, and they are to pass, both under the Sovereign’s Sign Manual, and Signet of the Order. Such a particular mark of Distinction and Honour was conferr’d on our Sovereign of Blessed Memory, King Charles II. Sir John Burrough Garter, carrying the Letter.