And to shew the probability of this Point, the Earls of Oxford, Devonshire, and Arundel, (whose degrees were sufficiently known) at a Scrutiny taken Anno 24 Hen. VI. are ranked in the second Division among the Barons, and Anno 1 Hen. VIII. the Earl of Darby is three Times so placed, and again 13 Hen. VI. the Earl of Devonshire twice; but this happened not thro oversight or neglect of the Statutes, but because at these Nominations wherein they are so Ranked, the first Division to which they appertained, happened to be fill’d up with those other higher Dignities belonging to the same Class, viz. Kings or Dukes, as when the beforementioned Earls of Oxford, Devonshire, and Arundel, were set down in the Place of Barons; the King of Portugal, the Dukes of Warwick and Norfolk, were put in the Class of Princes, and so it happened in many other instances.
On the contrary, Anno 15 and 16 Edw. IV. the Lord Rich. Grey one of the Queen’s Sons, by her former Husband, Sir John Grey of Groby Knight; in respect of his Alliance to the Royal Family, is Ranked in the first Division among the Princes, under the Title Dominus Richardus filius Reginæ, and afterwards Anno 19 Edw. IV. set only among the Barons, as well with the former Title as this Richardus Dominus Grey, but Anno 22 Edw. IV. he is thrice register’d among the Princes, and as often with the Barons, whence it is observable that to be Enrolled in the Rank of Princes, may be afforded of courtesie to Persons of high Eminency and Blood; but then as they can lay no claim to it by their Merit, so such of the Knights-Companions as Rank them lower, suffer no diminution in their Honour.
Wherein the second Division are Ranked the Barons and Viscounts, for Viscounts in all Scrutinies, after the first Erection of that Dignity, were on the same level with the Barons, until the 3 of Jac. I. (excepting only John Dudley Viscount Lisle, Anno 35 Hen. VIII. who by every Knight, the Duke of Norfolk excepted, is Ranked in the first Division of Princes) and in a Scrutiny then taken, Robt. Cecil Viscount Craneborne is the second Viscount in the List that has been Ranked with Princes, whence it became the frequent Practice in succeeding Scrutinies, until Anno 14 Car. I. And then (upon a Question put in Chapter convened at Westminster 23 May 14. Car. I.) whether Earls Sons and Viscounts were eligible with Barons, it passed in the affirmative, and that by general usage except in the two cases just mentioned; and about the same time we find it reiterated near that Time, for in two Scrutinies taken the 19th and 21st of that Instant May, the Viscounts are therein reduced to the second Division, and Ranked with the Barons.
The Knights-Batchelors and Bannerets held the same Rank in King Hen. VIII’s Statutes, in all Scrutinies with Barons.
But tho’ the word in King Hen. VIIIth’s late Statutes is Baronettus instead of Banerettus, yet is this frequently obvious in some ancient Books and Records, as well as in those ancient Writers, long before the Title of Baronet was conceived or brought into use.
In the last place he who demands those Suffrages (the Knights-Companions present) is by the Statutes of Institution to receive them in writing; for in a Scrutiny taken Anno 2 Hen. VI. at the Election of John Lord Talbote and Turnival, the Dean of Windsor, and the Register of the Order, wrote down the Votes and Nominations of every singular Knight present at the Day of Election.
And at another Scrutiny Anno 4 Hen. VI. to fill up that which by an Error in the Black Book is set down Sir Henry Fitzhugh, ’tis inserted, That the Dean and Register wrote down in Order, (according to their Seniority) the Votes of the Knights-Companions. And after the Scrutinies began to be entred in the Annals, it is evident the general Practice kept pace with the Injunction of the Statutes; only there are two instances of an Election confirmed without taking a Scrutiny in writing, one in the case of the Princes Henry and Christiern IV. King of Denmark, where the Knights-Companions in a Chapter convened at Whitehall, 14 of July 1 Jac. I. gave in their Votes viva voce, and immediately the Sovereign admitted them both into the Illustrious Society; the other was the Case of James Marquis Hamilton, Elected the 2d of Feb. 20 Jac. I. with the vocal consent of all the Knights-Companions.
It is worthy observation, that this Method, and the omission of taking the Scrutiny in writing, is not only contrary to the Law of the Order expressly set down for a more stable consignation of the Action, and more faithful transmission of it to Posterity, but exceeding prejudicial to Persons of Honour, and Distinction, whose Names would otherwise survive with great veneration among the candidates of this Illustrious Order, and of which Honour many deserving Persons will be hereafter deprived, if the Injunctions of the Statutes be not observed in this particular respect.
SECT. XI.
The Presentation of it to the Sovereign.
THE Knights-Companions, having delivered their Suffrages, the Officer by whom they are Collected, humbly presents to the Sovereign the Nominations, for so it is recorded the Prelate of the Order acted in the 9th of Hen. the Vth. If these Votes were taken in Chapter, the Paper usually was immediately presented to the Sovereign who made his Election, before the Chapter broke up; but if gathered in the Chapel, tho’ it was given to the Sovereign, yet the choice was not made then, but the Morning after, and this was the manner in the 2d and 5th Years of Queen Eliz. Another time it hath not been presented till the Vespers were finished, but in the Practice of latter Days the Scrutiny hath not been given up to the Sovereign till the next Day at the opening of the Chapel before Morning-Prayer, as in the 13, 15, 20, 30 Years of Queen Eliz. demonstrates, and was the accustomed Practice of the 17th Year of King Charles the first of ever-sacred Memory; the last presentation was transcribed in a little Book, and with all due Reverence offered upon the Knee, before any other Affair was transacted in the Chapter.