The History of the Most Noble Order of the Garter

by Elias Ashmole

But the danger is of a far more dismal hue, when Officers, or he that Commands in Chief, or who has any Post of Trust assigned him, either quit it, or is found defective in his Duty, as was Thomas Earl of Lancaster, who quitted the Army at the Siege of Berwick, the consequence of which proved an abortion to the whole Design; and for which he was proclaimed Traytor, Anno 12 E. 2. And therefore whoever is culpable of any of these three Points of Reproach, is disqualified from being Elected into this most noble Order. Before we proceed any farther, it may not be improper to take notice of an Error which Polydore Virgil hath interwove with one, and which Erhardus Celius, in his History of England, hath copyed from that Author, but refuted by the learned Pen of Dr. Heylein, viz. that the Knights-Companions have certain Laws belonging to their Order, whereby they are obliged to help one another, and in Time of Battle never to betake themselves to shameful Flight: The Statute Law of the Order is silent upon the first Clause, nor is the latter otherwise to be taken, than one of those Points of Reproach spoke of in the second Statute of K. Henry VIII. which nulls the Election of the Person nominated, if he be peccant in that Point: Now that which gives some Umbrage to the Knights mutual Assistance and Defence, is founded upon an Article in their Statutes, which prohibits the arming themselves one against another, to create a mutual Affection, and to extinguish Feuds, which is the Life and Soul of Society, and which the Founder, to prevent Inconveniencies, had a great Regard to; and therefore he Ordained, which has been confirmed since by other Statutes; That none of the Knights-Companions should Arm themselves against any of their Fellows, unless either in the Cause of his Sovereign, or his own just Quarrel: And this Clause it was, that gave the Handle to both Parties, that sided with the Houses of York and Lancaster; some firmly adhering to Henry VI. whom they accounted Sovereign of the Order; and others taking Part with Edward IV. as esteeming him Sovereign de Jure, though not de Facto.

But more firmly to tye this Knot of Amity among this noble Fraternity, least they should unhappily engage in Factions one against another, and proceed so violently as might commence into Actions of Blood and Slaughter; it was ordained, That if a Knight-Companion should happen to be retained in the Service of a Foreign Prince, to take up Arms in his Quarrel; and after his Adversary desired to entertain another Knight-Companion on his Side also; he that was last invited, was bound to wave this Offer, and in no wise to give his Consent. And upon this, the Knights-Companions were obliged to make special Precautions in that their Engagements; that if any of his Fellows were retained on the other Side, and that if he knew not that another of his Fellows had been engaged with the Adversary, so soon as it came to his Knowlege, he was obliged to relinquish the Service he before had undertaken.

To these three Points of Reproach we have set down, we find in a Manuscript, that belonged to Heny Grey, third Marquiss of Suffolk, a fourth added to these other three Points of Reproach; in these Words:

That if any Knight of the Order, from henceforth, by Prodigality or Ryot, wilfully or negligently, Dispend, Sell, Aliens, or do away his Patrimony or Livelihood, by reason whereof, he shall not be able honourably to maintain himself, and his Estate, in such honourable manner, as may Conserve the honour of the said Order, and of himself; in this Case he shall be Summoned by the Usher of Arms of the Order, called the black Rod, by Commandment of the Soveraign, his Lieutenant, or Deputy; to appear before his Majesty, or his Commissioners, and the Knights of the Order, at the next Chapter ensuing; there to be examined before the Soveraign, or his said Commissioners, and the Knights and Companions of the said Order; and if he be found in such great default of Prodigality, insolent Riot, or wilful Negligence; that then the Soveraign, with the advice of the Company of the said Order may deprive and degrade him of the said Order, at the said Chapter, if it be their Pleasure.

Though this fourth Point is not inserted into King Henry VIII’s Statutes, yet the Substance thereof seems to be approved of before; for we find among some Orders, prepared by the Marquiss of Exeter, and other Knights-Companions, at a Chapter at Windsor, the twenty fifth and twenty sixth Days of May, Anno 8 Henry VIII. one of them was something to this Purpose.

§. 13. Amongst the Number of these Candidates, the Sovereign is chiefly to regard those who have most Voices, or whom he conceives most requisite to contribute to the Honour of the Garter, and most Beneficial to himself, and of most Advantage to his Crown and Kingdom. We find the Law hath not always reserved the greatest Number of Voices, as will appear from the Annals; yet it has sometimes confirmed the Election, as in the Case of the Duke of Queenberry An. 5 Henry VI. where, after a due and sufficient Examination taken of the Scrutiny, the Duke, by the consent of most Voices, was Elected into the Stall of Thomas Duke of Exeter; and so was the Election of Sir Nicholas Carew, the twenty fourth of April, in the 28 Henry VIII.

It is remarkable in a singular Instance, that when two Knights had on either Side equal Voices; which was the Case of Sir John Fastolf, and Sir John Radcliff; the first being esteemed more Worthy, by the Sovereign’s Lieutenant, obtained the Election.

The second Inducement relates to such as, in all Appearance, may bring most Renown to the Order, and advance it to a higher pitch of Greatness; and these have in a great Measure been effected, by enrolling Foreign Princes into this illustrious Society, whose Valour and great Merit have proclaimed them deserving both of Nomination and Election. And upon this Consideration, K. Charles I. of blessed Memory, upon Consideration had of the glorious Atchievements, and high Renown, of Gustavus Adolphus King of Sweden; judged it a Part of his Respect, not only to render him all Offices of Kindness and Friendship, as to a Prince nearly allied, and his most special Friend; but also to impart to him, as far as in him lay, the greatest and highest Honour that might be, and especially such, wherewith the military Virtue of so great a Captain was wont to be adorned.

But the principal Motive thought requisite to Elect Foreign Princes into this Society of Honour, hath been expressed in the Commissions of Legations, to be in Respect of their glorious Merits, ennobled by the lustre and grace of their Heroick Virtues, their eminent Nobleness, Grandeur, Prowess, and Magnificence; the renown of which, Fame had divulged and spread Abroad throughout the World.

Where the Advantage of the Sovereign’s Service was thrown into the Ballance, no Consideration could outvie its Pretensions, as in 2 H. 6. justifies; whose eminent Service for his King and Country, was the sole Motive that crowned his Election: And the great Zeal and Affection, which John Jaspar Ferdinand de Marchin shewed for the Cause and Service, and the recovery of the just Rights of King Charles II. was the strongest Inducement that swayed that Sovereign to chuse him, in the tenth Year of his Reign, a Knight-Companion of this most noble Order. But the last inducement is of the greatest Latitude, for the Sovereign has a Power to reject whosoever he pleases, though they do exceed in multiplicity of Voices, and in other Qualifications; and even to Elect a Person that’s but once mentioned, as was shewn in the Person of Casimire, the fourth King of Poland, An. 28 Henry VI. who having only the single Vote of the Lord Scales; yet upon respect to the Sovereign, how advantageous he might be for his, and his Kingdom’s Interest, obtained the Election.