The History of the Most Noble Order of the Garter

by Elias Ashmole

It will be necessary to observe what Effect the Excuses have usually produc’d; whereinto we find the just and reasonable favourably admitted, some suspended, and divers disallowed. Those easily allow’d were, first, Sickness; (for those of the Knights-Companions who have been either Sick, far spent with Age, or intent on publick Affairs, have been readily allow’d,) Secondly, The not recovery of Wounds receiv’d in the publick Service; as we meet with in the Case of Sir William Harington, Anno 7 Hen. V. whom we see excus’d for his Illness, occasion’d from his Wounds then lately receiv’d at the Siege of Rohan, and elsewhere. Thirdly, Impotency and old Age. Fourthly, Imployment in the Sovereign’s Service, either Abroad or at Home; those Abroad are necessarily excus’d, those at Home we shall be more particular to. The Earl of Shrewsbury, Anno 22 Eliz. was taken up in certain Affairs, enjoin’d him by the Sovereign; the Earl of Huntington, 26 Eliz. being President of the Council of the North, his absence was for that, and several Years following, favourably excus’d; and a like Case was that of the Earl of Danby, Anno 13 Car. I. who for his necessary Attendance at the Seat of Justice in Eyre, was excus’d waiting on the Sovereign at the Grand Feast that Year. Fifthly, When the Grand Feast hath receiv’d Prorogation, and any of the Knights-Companions have not had notice of the Day whereunto it was prorogued. Sixthly, When any of them have been in Captivity; as was Thomas, Earl of Salisbury, and the Earl of Huntington, both Prisoners in France, Anno 2 Hen. VI. Seventhly, When any of them have obtain’d the Sovereign’s Letters of Dispensation, of which sufficient is spoken before. Lastly, Some other just and lawful Occasion, as well as Accident, having fallen out; (not relating to those under the former Heads,) the Sovereign, on Information given in Chapter, hath been pleas’d to allow of; as in the Case of the Lord Fauconbridge, Anno 32 Hen. VI. was readily admitted, on his pleading the care of his Domestick Affairs, he having been lately in Prison, and had obtained leave to go and see his House and Lands in the Country. The Earl of Arundel’s absence, Anno 15 Car. I. was pardon’d, by reason of the Dutchess of Richmond’s Death, who died on the Eve of the Grand Feast; that so he (being the chief of her Family,) might be at Hand to advise and assist in all things conducing to the Honour of the deceased Dutchess.

And as the Knights-Companions have been often excus’d for not appearing on the Grand Feast, so hath the Sovereign, on sufficient Grounds, been pleas’d to license and dispence with their departure; from the same of this is an Example, 6 Eliz. when the Lord Hastings of Loughborough, falling Ill a little before the Offering on St. George’s Day, obtain’d Licence from the Sovereign to depart out of the Choir; and came no more abroad that Day, nor during the Feast. As also another in the Duke of Lenox, Anno 15 Car. I. The Deputy Chancellor having, by Command of the Sovereign, and in discharge of the Duty of his Office; who being forc’d to go back to London, by reason of the aforesaid Dutchess of Richmond’s Death, had his Excuse, and the Sovereign’s Licence for departure.

We are next to consider Excuses, which, though sent in due time, yet on Debate in Chapter were suspended rather than allow’d; to which Head may be referr’d that Case of several of the Knights-Companions, who were Members of the Lord’s House in the long Parliament. For Anno 18 Car. I. the Deputy Chancellor having, by the Command of the Sovereign, and in discharge of the Duty of his Office, sent to each of them a Summons, for their Attendance at the Celebration of the Grand Feast, to be held for the preceeding Year at York; and notice thereof being given to the House of Lords, they immediately made the ensuing Order.

Die Martis 22 Maii, 1641.

Whereas the Lord Chamberlain of his Majesty’s Houshould, and some other Lords of Parliament, Knights of the Garter, have been Summoned to give their Attendance, and repair into the City of York, for the Celebration of St. George’s Feast; who acquainting this House with the Summons aforesaid, it is this Day ordered by the Lords in Parliament, that they attend the weighty Affairs of the Kingdom discussed in Parliament, whereunto they are obliged by his Majesty’s Writ, and the Law of the Land.

Jo. Browne, Cleric. Parliament.

Whereupon the said Knights-Companions, before the Days appointed by Prorogation for holding the Feast, sent their petitionary Letters of Excuse to the Deputy Chancellor, wherein they profess’d their desire and readiness to attend, in Obedience of the said Summons; nevertheless pleaded the foresaid Order for the Ground of their stay in London, and therefore desired him to obtain for them the Sovereign’s Dispensation: On producing the said Letters in Chapter, the Sovereign would not at that time either admit or disallow of their Excuses, but referr’d the consideration to the next Chapter, to be held by Prorogation.

Of Excuses which have not been allow’d, the most remarkable is that of the Duke of Norfolk, and the Lord Scales, Anno 36 Hen. VI. who were adjudg’d to the Penalty of the Statute, in regard the Causes alledged to excuse their absence were not approved; the latter was signed by the Sovereign and Knights-Companions, in a Jewel to the value of twenty Marks, to be offered in the College; whereby the rigour of the Statutes appears to have been more strictly executed on him, than the Duke, probably because the Lord Scales was absent the Year before, and no cause thereof shewed to the Chapter.

In relation to the Proceedings on the absent Knights-Companions neglect of sending their Excuses, we shall observe, that some of them have with difficulty been remitted, some left in suspence, and others sentenc’d, and referr’d either to the Sovereign’s pleasure, or the Punishment assign’d by Law; of the first kind we find that the Earl of Westmorland, Anno 10 Hen. V. though not very well, yet had much ado to be excus’d, because he signified not the Cause of his absence, as the Statutes required. So Anno 12 Car. I. the Earls of Derby and Kelly, having made no Excuse, were for that Omission blameable, but by the Grace of the Sovereign for that time pardon’d.

As to those who, through the indulgence of the Sovereign, (where probable cause hath induc’d it,) have not had Sentence pass’d on them presently, but were deferr’d in expectation of some satisfactory Cause to be shewed; we find in the Case of the Prince, the Duke of Buckingham, and five other Knights-Companions absent from the Feast, held Anno 18 Hen. VII. wherein it is registred, that no cause of Excuse was shewed, but there was an expectation of one to be alledged.