The History of the Most Noble Order of the Garter

by Elias Ashmole

But as for those of the third sort, on whom Sentence hath pass’d; they have been left either to the pleasure of the Sovereign, or to those Penalties which the Law of this Order inflict; of which, as also of those on whom Judgment hath pass’d, are divers Instances.

Besides these Grounds of assigning Penances, there are other Causes set down in the before recited ninth Article, of the Statutes of Institution for Penances; as when the Knights Companions are absent at other times, beside the Hour of Tierce, that is, the beginning of the first Vespers. Secondly, At the beginning of the Morning Service on the Feast Day. Thirdly, At the beginning of the second Vespers. Fourthly, During the whole Feast. And, Fifthly, at the Grand Feast next following.

For the first, admitting any Knight-Companion hath failed of meeting and attending on the Sovereign at the Hour of Tierce, and thereupon suffered the Punishment of Non-admittance into the Chapter-House, and deprivation of Vote; nevertheless if at the rising of the said Chapter, he be not ready to proceed with the Sovereign, and other the Knights-Companions, into the Choir, to the beginning of the first Vespers; he ought not only to suffer the former, but this additional Penalty, that he shall not presume to Enter into his Stall at that time, but tarry in that part of the Choir, where the Taper-bearers are wont to stand; nevertheless before his own Stall, until the holy Offices be ended; and the Law of the Order is the same in King Henry V’s, and King Henry VIII’s Statutes, only render the Place for the Delinquent Knight to stand in, to be before the Stalls in the Choiristers Places; and now how the Penalty hath been inflicted, upon breach of the Law in this particular, we shall see by the following Instances.

At the Grand Feast celebrated at Windsor, An. 21 H. VII. when it seems the Lord Kildare, Sir Gilbert Talbot, and Sir Richard Goulford, came late to the Chappel, we find this Memorandum fixt to their Names; they stood without, (before their Stalls) by the Sovereign’s Permission, or rather Command: But yet this is not all the Punishment which hath been inflicted upon the Knights-Companions for this Offence; (though it be all that is set down in the foresaid Article,) for Anno 25 Hen. VI. upon the Eve of St. George, the Marquiss of Dorset not coming to the first Vespers, and being convicted of his late coming, was prohibited joining in the Nomination then made, for the Election of the King of Portugal, into the room of the Duke of Gloucester.

Offenders in the second and third Case, being such as neglect to come before the beginning of the high Mass, or the second Vespers, called also the Vespers on St. George’s Day, have the like Punishment with the former assigned them, throughout all the Bodies of the Statutes; viz. Exclusion from their Stalls, and Station in the Choiristers Range.

Anno 1 Hen. VI. We observe the Lord Willoughby noted to be absent upon the Eve of the Grand Feast, but present on the Day; and consequently he incurred no further Penance than what his absence on the Eve drew on him; the Earl of Derby, Anno 18 Eliz. coming too late to the first Morning Service on the Feast Day, did for some short time undergo the same Penance, but soon after, upon Dispensation from the Lieutenant, went up to his Stall.

There are several other Instances; and besides the aforesaid Defaults, he is likewise to undergo the same Penalties, when the Grand Feast is prorogued, or celebrated at any other Place than Windsor.

But if he offend in all, and have no reasonable or allowable Excuse for his absence, he is then prohibited entering his Stall at the next Feast, and to pay ten Pounds, to be employed towards the Ornaments of the College; and sometimes the former Penance has been inflicted for late coming to Divine Service.

The fourth degree of Offence is yet greater than any, and the variety of Penances are heightened. If a Knight-Companion shall neglect coming to the Grand Feast, and have no allowable reason; he shall not at the Feast held the ensuing Year be permitted to enter his own Stall, but stand below it; he shall walk alone by himself before three Crosses, which, in ancient time, were born in the Grand Procession: When the Grand Procession returns to the Choir, he shall stand in the Place aforesaid, till the time of the Offertory; he shall Offer last by himself, and then humbly approach the Stall of the Sovereign, or his Deputy, and there desire Absolution. But there is no Instance that these Rigours were put in Execution, though many have offended in this kind.

Lastly, The Statutes enjoin; That where a Knight-Companion remains within the Kingdom, and shall be Guilty of an Omission two Years together, he ought to be so long interdicted his Stall, till he have offered a Jewel at St. George’s Altar, to the Value of twenty Marks; and thenceforward every Year in which he shall be guilty of the same Omission, the Penalty to be doubled, till he is pardoned: The most memorable Case in the Prosecution of a Contempt, was against the Earl of Arundel, 14 Edw. IV. who for being absent two Years together, was Mulct forty Marks; and continuing his Contempt the next Year, was fined the Sum of eighty Marks.