The History of the Most Noble Order of the Garter

by Elias Ashmole

The next Year the Statutes and Ordinances of the College commenc’d, by Virtue of the Pope’s Authority, the King’s Command, and Consent of the Bishop of Salisbury, in whose Diocess the Chapel is situate. By which Statutes, Winchester (one of the Pope’s Delegates) instituted a College, within the Precincts of the Chapel of St. George, consisting of one Custos, Twelve Secular Canons, Thirteen Priests or Vicars, Four Clerks, Six Choristers, and Twenty Six Alms-Knights, besides other Officers.

DEAN.

§ 4. The first Custos was John de la Chambre, constituted Nov. 14. 22 Edw. III. to whom succeeded William Mugg, on the 18th of June following: Which Mugg is the first, if the Institution of the College bears Date by Papal, and not Kingly Authority. After him were others that were call’d by the same Title; till the last Year of King Henry IV. when Thomas Kingston was presented by the Name of Dean; and his Successor, John Arundel, observing divers Endowments granted to the College alternately, by the Name of Custos, Dean and Custos, or lastly of Dean only; and doubting this Variation of Titles in Time might bring Inconveniences upon the Foundation, petition’d the Parliament, 8 Hen. VI. whereupon the King, by Letters Patent under the Great Seal, granted that the said John should be Custos sive Decanus for Life, and his Successors Custodes sive Decani, Wardens or Deans of the Free Chapel of St. George, within the Castle of Windsor; and that the Custos, or Dean and Canons thereof, and their Successors, by that Appellation, should have and hold, to them and their Successors for ever, all Lands, Tenements, &c. Liberties, &c. devolv’d upon the College at any Time before: So that here was a kind of new Incorporation, by the Title of Custos, or Deans and Canons only; at least this was a great Step to compleat the Privilege they after enjoy’d, when thro’ the Interest of Richard Beauchamp, Bishop of Salisbury, then also Dean of Windsor, and Chancellor of the Order, King Edw. IV. by Letters Patent dated Dec. 6. in the 19th Year of his Reign, model’d them by the Name of Dean and Canons of the Free Chapel of St. George within the Castle of Windsor, one Body corporate in Thing and Name, with a perpetual Succession, and capable in Law to purchase, receive and take Lands, &c. in Fee and Perpetuity; to have a common Seal, and might plead and be impleaded by that Name; and for better Security, the Letters Patent of Incorporation were, within Three Years after, pass’d into an Act of Parliament now in force.

The Authority of the Custos or Dean consists in being President over the rest of the College; to govern, direct and order them their Goods and Estates. He has all manner of Ecclesiastical Jurisdiction over them, with a Reservation of Power of Appeal to the Chancellor of England, who is Visitor of that College.

When any Persons lead Lives inordinate, he with the Chapter (in Cases where no particular Penalty is appointed) may reprehend or correct at Discretion; and in Matters of Discord, shall within Eight Days reconcile the contending Parties, or do Justice. After thrice Admonition, may expel from the College all Sowers of Discord, Backbiters and Whisperers, that are below the Degree of a Canon. And that there be no defect of Government, when the Dean has Occasion to be absent above Eight Days, he shall appoint One of the Canon Residents for his Deputy, in whose absence he has the Title of Lieutenant, and on all Occasions to exercise his Office; for the Statutes allow him Sixty Days in a Year for Non-residence; which space the Royal Visitation, 1552. enlarg’d to One Hundred and Ten Days; and the Lord Chancellor Hyde granted him Liberty of Six Weeks absence. But in the Vacancy of the Custos, the Chapter has all his Power conferr’d on them; which Chapter ought, within Two Days after the Vacancy made known, elect one of the Resident Canons, under the Title of President, to govern the College until they be provided of another Custos.

CANONS.

The Canons, by the Letters Patent of the first Erection, were appointed to be Twenty Four, including the Custos; but upon the Institution of the College by the Bishop of Winton, there was ordain’d, as afore-noted, One Custos, Twelve Secular Canons, and Thirteen Priests or Vicars, in all Twenty Six, compleatly the Number of The Knights of the Garter: And for a fuller Distinction between these Canons Secular and the Priests, the first Twelve are, in a Bull of Pope Innocent VIII. nam’d Majores Canonici, the others Minores, or Petty-Canons. To these Twelve Seculars were assign’d so many Prebendships in the Chapel of St. George (as also Stalls in the Choir and Place in the Chapter) together with that held by the Custos, whence they are frequently styl’d Prebends, and have a sacerdotal Power; for if they are not in full Orders before they are instal’d, they must, within a Year after they have enjoy’d their Prebendship, be ordain’d a Priest, or quit the Benefice.

By the Bull of Pope Clement VI. the Right of presenting the Canons, Priests, Clerks, Alms-Knights and other Ministers, were reserv’d to the Founder and his Successors; yet we find the first Canons were presented to the Custos, by the Founders of The Order of the Garter viz. the Twenty Five first Knights Companions, every one presenting singularly; yet this was but with the Sovereign’s Permission, Pro hac vice; and that none of them should be entitled to it hereafter but the Sovereign alone. And because it might the more effectually be observ’d, the Custos was oblig’d upon every Canon’s Death, to signify the same to the Sovereign, that he might pitch on One to succeed; which being nominated, he is approved, instituted, and instal’d, by the Custos or Dean, to whom he swears Canonical Obedience, and Observance of the Statutes.

The principal Duty of these Canons (and of all the other Ministers of the College) is continually to attend upon the Service of God in the Chapel of St. George; and the Statutes run upon each Day’s Omission of a Canon Resident, to be mulcted his quotidian Distribution 12 d. And tho’ we find no License of Non-Residence granted them by their Founder, yet there is mention of Canons Resident and Non-Resident, for whom great Defalcations are appointed to be made, to prevent such Neglects, because the residentiary Canons bear not only the Burden of that Duty belonging to the Chapel, but the Expence of Hospitality and other Works of Charity, occasion’d from their residing at Windsor.

Richard Beauchamp, Bishop of Salisbury, obtain’d Power from Sextus IV. to make new Statutes, and dispens’d with the old Ones; and in 1478. he gave to the Dean and every Canon Fourteen Days of Non-Residence in every Term, to wit, Fifty Six Days in the Year. By the Visitation, 1552. they obtain’d a Dispensation for Eighty Days; and the Lord Chancellor Hatton yet gave them a further Permission to Two Hundred and Two Days, which the Lord Chancellor Hyde confirm’d; so that there remains One Hundred and Sixty Three Days in the Year, in which the Canons ought to be resident with Hospitality, to be consonant to their Statutes.