The History of the Most Noble Order of the Garter

by Elias Ashmole

The Ensigns of this most Noble Order, as soon as Queen Mary ascended the Throne, were with as much Honour restored to the Lord Paget, and with as great and absolute an Authority, as they were disgracefully taken from him. And in Confirmation of this Lord’s Restauration, he had the Garter buckled on his Leg, and the Collar and the Order put about his Shoulders, with the George depending, by two of the Knights-Companions present; and the Garter King at Arms was order’d, That he should take Care his Atchievements should be replaced over his Stall at Windsor, which is the 9th on the Sovereign’s side. It is observable, that the very Records of the Order brand his Degradation as Injustice; as if it were inferable, That when Honour is conferred, upon the Account of Virtue and exquisite Endowments, the Consideration of these supplies the defect and obscurity of Extraction. The Sovereign, whose Prerogative it was to declare and interpret the Statutes, being present in Chapter, thought fit to qualifie the Law, and gave him this honourable Commendation, That he had highly deserved of the Nation, by his Prudence and Counsel.

And though there’s only inserted in the Examplar of the Black Book, Virtue and good Report for a Qualification, yet the same was observed by the Sovereigns and Lieutenants in foregoing Times, with great Circumspection; and that the Magnanimity, Fortitude, Prudence, Generosity, Fame, Reputation, and other Virtues and Excellencies, whether innate or acquired, of the Person proposed to Election, have by prudent Inquisition been inspected, and brought to the Touchstone, before they have been admitted into so noble and illustrious a Body.

Those Qualities were chiefly consider’d and esteemed by Henry V. for which Reason, at an Election in the 9th Year of his Reign, he gave the Preference, before others that were nominated and presented unto him, to John, Earl Marshal, William, Earl of Suffolk, John, Lord Clifford, Sir Lewis Robertsack, and Sir Heer Tank Clux.

Humphry, Duke of Gloucester, Deputy to K. Hen. VI. trod in the same Steps, and did weigh, by the strict Rules of Fortitude and Prudence, the gallant and noble Actions and Deserts of John, Lord Talbot, before the Election, and gave in an Approbation worthy of his own Judgment, and that Candidate’s Merit. And for this Reason it’s expressed in the Annals of the Order, that such noble and heroick Qualifications should have the favour of Election preferrable to others, as is evident in the Matter of Choice of Sir Nicholas Carew, in the 28th of Hen. VIII. That he was a very fit Person, upon the Eminency of his Extraction and Fame, and the many noble and worthy Actions he had performed; so as that all present did, without any delay, unanimously approve of his Election. And after this Tenure run the Commendation of Henry, Earl of Cumberland, at his Election, viz. The many famous and loyal Atchievements performed by him, both at several other times, and then more especially, when the Tumult of Rebellion began to break forth in those Borders where he had his Habitation.

The 2d Point to treat on is, That no one is qualified for Election, unless he be a Knight; or as it is expressed in one of the Examplars in the Hatton Library, Unless girded with the unstained Girdle of Knighthood; so singular a regard the Law of the Order hath to this particular Qualification above the rest: And least Chance or Inadvertency might let slip a Person not Knighted into the Scrutiny, were the Words inserted ut minimum, that he be at least a Knight before he be elected, when the Sovereign comes to make his Choice. It is evident from the 2d Article in the Statutes, that it hath long since received this Construction, as appears by an eminent Instance. In the 17th of Hen. VIII. The Feast of St. George being celebrated at Greenwich, and the Sovereign being present, having elected the Lord Roos, afterwards Earl of Rutland, into the Society of this most noble Order; and being advertised on the Morrow after St. George’s Day, while the Mass of Requiem was celebrating, That he had not before received the Dignity of Knighthood, according to the Statutes, which positively enjoin, That whosoever is elected into this Society, should be in Degree at least a Knight; that is, actually Knighted before-hand. And tho’ the Lord Roos was, at the Time of his Election a Baron of this Realm, which is a higher degree of Honour than a Knight; The Sovereign after Mass re-assembled the Knights-Companions, and annulled the Election, and commanded the Garter and George, so lately conferred, to be taken off, and in the same Place dubbed him a Knight; and then he was Elected again, with an unanimous Consent, and so declared by the Sovereign’s own Mouth; and was restored to his Ensigns and Ornaments, by the Dukes of Norfolk and Suffolk. Agreeable to this, it’s recorded in the Red Book of the Order; that none of the English, Scotch, or Welsh Nation, how considerable soever otherwise, in the Prerogative of Blood or Virtue, can be Elected into this most honourable Society; but that he ought to be first ennobled and rendered capable, by this first degree of Knightly Honour.

But this Law does not bind Foreign Princes; for by a Decree at White-Hall, in 13 Charles I. these Words, ut minimum, are explained to relate to all Subjects, of what Degree soever, within the Sovereign’s Dominions; but Foreign Princes ought not to be Knighted, as the Basis and first Degree of Chivalry. The Statutes of Institution, as to those before-mentioned, not only enjoyn them to be Knights, but to be free of all Infamy and Reproach. In Henry V’s. Statutes, it stands, Chivalier sans reproche, which Answers in the Latin, Eques irreprehensus; and the Argument used by the Duke of Bedford, for promoting the Election of Sir John Radcliff, was, that he had continued and exercised the Armies, the space of twenty eight Years, without Reproach. King Henry VIII. determined this Word Reproach into three Species; first, when a Knight hath been convicted of Heresy, against the Catholick Faith; or suffered any publick Punishment for such Offence: Here Heresy is reckoned among those defects, that deprive Men of Honour; because it bends its Force against the Catholick Church, which not only renders a Man, in the ballance of Honour, of no Weight and Esteem, but more than all other Sins, makes him Infamous. And therefore when by Tongue, Pen, or Actions, a Man endeavours to trample under Foot the sacred Law, he scandalizeth Government, and seduceth others.

The second Point is, when any Knight hath been arraigned, convicted, and attainted of Treason; however Q. Elizabeth qualified this Point by a Decree, made in the first Year of her Reign; that in case any Persons so convicted, were pardoned by the Sovereign, and restored in Blood; every such Gentleman in Name, Arms, and Blood, and descended as aforesaid, being otherwise qualified, according to the ancient Statutes of the Order, should be thenceforth accounted Eligible, and might be Chosen a Companion. This Decree, it’s presumed, owes its Original, upon the occasion of restoring in Blood William Marquiss of Northampton, and the Lord Robert Dudley, after Earl of Leicester, who had been attainted of High Treason in the first of Q. Mary: And we find that in the next Feast of St. George, they recovered their Privileges of Honour, and were preferred in Nomination, and on the last Day of the Feast, were Elected into this most illustrious Society.

Though the Marquess of Northampton had been formerly Elected in the 35 H. 8. and was restored in Blood, as I said before; it’s very remarkable, that it was thought fit to descend to a new Nomination and Election, as appears from the Decree it self, as it was performed upon the third of June Anno primo Eliz.

The last Point of Reproach, is, where a Knight Companion hath fled from Battle; in which the Sovereign, or his Lieutenant, or other Captain, (having the King’s Authority) were present; when Banners were displayed, and both Sides proceed to Fight. Now for a Person to behave himself cowardly in the Fight, abandon his Colours, leave his Prince, Friends, and Companions, in hazard of Life, are undoubtedly Concerns of a very high and reproachful Nature, and draw down Dishonour upon the Order, the Sovereign, and Knights Companions, and a sufficient indication of a pusilanimous Mind; that prefers to drag an infamous Life, and makes his Honour a Sacrifice to a reproachful Safety; for the Resolution of a right Martial Spirit, ought either to return decked with Victory, or die upon the Bed of Honour.

By the Laws of King Edward the Confessor, the Soldier that runs from his Colours, either in Land or Sea Service, his Life and Estate were made liable to answer the Offence; and our Acts of Parliaments have made it Felony, without Benefit of Clergy; for as much as such desertion endangers the Estate of the King, Nobility, and Commonwealth.