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A26024 The institution, laws & ceremonies of the most noble Order of the Garter collected and digested into one body by Elias Ashmole ... Ashmole, Elias, 1617-1692.; Hollar, Wenceslaus, 1607-1677.; Sherwin, William, fl. 1670-1710. 1672 (1672) Wing A3983; ESTC R16288 1,216,627 828

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de bonà Requie and another annual Pension of 20 l. paid by the Abbot of Rousford for the mediety of the Church of Rotheram The 29. of Ianuary anno regni sui 13. he gave the Mannor or Priorate of Munclane in the County of Hereford parcel of the possessions belonging to the Priories Alien with all and singular its appurtenances The following year viz. 27. of February he granted to them by the name of Custos or Dean and Chapter of this Colledge the Custody Patronage and free disposition of the Hospital or Free-Chappel of St. Anthonies London a Preceptory of the Monastery of St. Anthony at Vienna with all the Liberties Priviledges Lands Rents Services and Emoluments whatsoever thereunto belonging upon the first vacancy whether it should happen by death resignation or otherwise He also gave them the 17. of May ensuing the Priorate of Brimsfield in the County of Gloucester the Mannor of Blakenham in the County of Suffolk parcel of the Priory of Okeburne the Priorate of St. Elene in the Isle of Wight in Hampshire the Priorate of Mannor of Charleton in Wiltshire and all the Lands Tenements Rents and Services in Northumudon Compton and Welegh in the Counties of Sussex and Southampton which sometime belonged to the Abbey of Lucerne in Normandy the Mannor of Ponyngton and Wedon in the County of Dorset parcel of the possessions of Okeburne Priory one annual Pension of twelve Marks payable by the Prior of the Priory of Monte-Acuto together with all and singular the Lands Tenements Rents Advowsons Liberties c. annexed to the said Priorates and Mannors or in any manner appertaining with license to appropriate the same to them and their Successors About two Moneths after this King gave also to the Colledge the Mannor of Membury in Devonshire and Lordships of Preston and Monkesilver in the County of Somerset the Advowsons of the Churches of Puryton and Wollavington in the said County being parcel of the Priory of Golalys in Wales and one of the Priors Aliens together with the Knights Fees Advowsons Profits Rights c. thereunto belonging In the 18. year of his Reign the Queen Thomas Archbishop of York and several Bishops Noblemen and others being seised to the use of the King his Heirs and Successors of the Mannor of Wykecombe called Bassetsbury the Fee Farm of the Town of great Wykecombe the Mannor of Crendon in the County of Buckingham and of the Mannors of Haseley and Pyrton in the County of Oxford parcel of the Lands of the Dutchy of Lancaster they at the special command of the King demised and granted the premises with all their appurtenances to the Custos or Dean and Canons and their Successors until such time as the King his Heirs or Successors should grant to them other Lands of the like yearly value The 17. of February following this King gave them the Advowson of the Church of Cheshunt being of his own Patronage with license to appropriate the same provided the Vicarage were sufficiently endowed and a competent sum of money annually distributed among the poor Parishioners according to the Diocesan's Ordinance and form of the Statute in such case provided This King the 21. of February following united the Custody or Deanry of the Free Chappel of Wolverhampton in the County of Stafford to the Custos or Dean of this Colledge and his Successors for ever This Church cum membris is exempt not only from the Jurisdiction of the Bishop of Lichfield and Coventry but by a Papal Bull from all his Legates and Delegates nor is it subject to any terrene power but the Majesty of England and under it to the perpetual visitation of the Keepers of the Great Seal pro tempore He likewise gave them the Advowson or Patronage of the Prebend of Ewern in the County of Dorset the 27. of Sept. in the 20. year of his Reign with all its rights and appurtenances and also a license of appropriation And lastly the 21. of November in the ensuing year he granted to them two parts of the Mannors of Old-Swynford and Gannow in the County of Worcester and the Reversion of the third part of them after the death of M●rgaret Wife of Fulk Stafford Esquire with the Advowson of the Church of Old-Swynford These were the effects of this most noble and munificent Princes piety and liberality towards this Colledge Nor was he alone bountiful but excited others to be so likewise and to that purpose in the first year of his Reign h●●nsed all his Subjects in general to give what Lands Rents or Advow●ons they plea●ed to the Dean and Canons within the value of 300 Marks per annum as well such as they held of the King in Capite or in Burgage or otherwise as any other Land the same to be united and appropriated to the Colledge and its uses p●rp●tually notwithstanding the Statute of Mortmai●e and afterwards increased this license to Lands of the value of 500 l. a year but King Henry the Eighth extended the like license to the value of 1000 l. per annum Hereupon shortly after to wit Iune 29. anno Regni sui 20. he granted license to Iohn Duke of Suffolk and Elizabeth his Wife the Kings Sister to give and assign unto them the Mannor or Lordship of Grovebury otherwise called Leighton-Busard with its appurtenances in the County of Bedford the Church of Tintagell in Cornwall with all its emoluments as also 19 Messuages 7 Tofts 140 Acres of Land 14 Acres of Medow 140 Acres of Pasture 1●● Acres of Wood and 4 l. Rent with their appurtenances in Newford and Blanford in the County of Dorset And 70 Messuages 12 Tofts 500 Acres of Land 100 Acres of Medow 300 Acres of Pasture 100 Acres of Wood and 100 shillings Rent with the appurtenances in Stokeley Northall Edelesburgh and Rodenach in Buckinghamshire And 20 Messuages 8 Tosts 300 Acres of Land 60 Acres of Medow 200 Acres of Pasture 40 Acres of Wood and 20 shillings Rent with the appurtenances in Compton-St John in the County of Sussex And 10 Messuages 9 Tofts 200 Acres of Land 20 Acres of Medow 100 Acres of Pasture 10 Acres of Wood and 20 shillings Rent with the appurtenances in Portsmouth and Burgbegge in Hampshire And one Messuage 3 Tofts 60 Acres of Land 6 Acres of Medow 40 Acres of Pasture and 20 shillings Rent with the appurtenances in Stodeham in the County of Hertford held of the King in Capite notwithstanding the Statute of Mortmaine or any other restriction or proviso whatsoever We shall here note that the 24. of Iuly anno 18. E. 4. this Duke of Suffolk infeoffed Richard Duke of York Thomas Bishop of Lincoln and others of the Mannor of Leighton-Busard who the 25. of Iune anno 19. E. 4. at his special instance Demised and Granted the said Mannor to the Dean and Canons forever And in the Octaves of St. Iohn Baptist anno 20. E. 4.
such to those who were Vassals to another the bestowing thereof was accounted illegal and they that took upon them to give it were liable to censure because by this action they took anothers Villain or Bondman from him which was a manifest wrong and ought not to be done As in the case of the two Sons of Philip de Bourbon one whereof was Knighted by the Earl of Flanders the other by the Earl of Nevers Whereupon by an Order dated on All-Saints day Anno Domini 1279. and another at Whitsontide following both the said Earls were fined and the two Brethren condemned to pay one thousand pounds apiece though by the Kings grace and favour they kept their Knighthoods And to shew that this Law was elsewhere observed more strictly and the breach thereof liable to more severe sentences those among the Aragonians that descended from Knights in a direct line by the Fathers side which were called Infançones and accounted Gentlemen whether legitimate or illegitimate were capable of being Knights and no other So that if one not an Infançon were promoted to Knighthood by a Rico Hombre which seems to be a higher Degree of Nobility both the Rico Hombre was to lose the Honor he had and the person whom he pretended to promote remained still a Villain or Plebeian But it was otherwise where a Nobleman Knighted his own Vassal as in the case reported by Philip de Beau-manoir in his Customary of the Year 1283. where the Son of a Gentleman and a Woman-Servant was Knighted by him whose Servant the Woman was and his condition being afterwards discovered the Nobleman would have challenged him for his Slave but in regard his Knightly Dignity had vindicated him from servitude and vassallage though his Lord was deceived in conferring the Honor he was adjudged to remain free and a Knight which he could not have done if any other but his Lord had Knighted him for which this reason is there given because no other person had sufficient power to infranchise him The third and last of those Qualifications which we have thought fit to take notice of here is that of Estate or Wealth which serves to support the Dignity of Knighthood for we find that in all Times and Countries when men were grown wealthy they thereby as by Merit or Birth became capable of Honors Thus Wealth was so much regarded among the Chalcedonians as Herodotus tells us that those who were rich bore the name of Knights It was Estate that intitled a man to this Honor among the Romans for the Censor as hath been before observed out of Livy might compel any Citizen who had an Estate equal to the Equestrian Cense to enter into the Equestrian Order and this old Roman Cense consisted of 400000 Sesterces which according to our learned Seldens computation amounts to 3025. l. of our Money And as anciently in old Rome so not long after the Conquest here in England as Cambden observes were Knights dignified for their wealth and state of living For they who had a Knights Fee to wit saith he six hundred and fourscore Acres of Land might claim as their right the Ornaments and Badges of Knighthood But by the way it appears from Mr. Selden that not any certain number or extent of Acres made a Knights Fee and by several Writs directed to the Sh●riffs of all Counties in England to make Proclamation for receiving the Honor of Knighthood in the Reigns of Hen. 3. Ed. 1. as also by the Act de Militibus anno 1. Ed. 2. it appears that the Census Militis or valuation of the Estate of a Knight was measured by Twenty Pounds Land by the year and sometimes more and this was counted the most reasonable way of Estimation because one Acre might be more or less in value th●n another And the Parallel yet held as to the matter of enforcement and compulsion to take this Honor for by an ancient Prerogative several of our Kings have at their pleasures compell'd such persons who held a whole Knights Fee or so much Land whose annual value as aforesaid answered thereto to take this Dignity upon them and to that purpose sent forth their Mandates in Writs directed to the Sheriffs of each County to make Proclamation That all those within their several Bailiwicks who were of full age and had one whole Knights Fee and were not Knighted should appear before the King on a certain day in the Writ set down ready fitted and prepared to receive the Honor of Knighthood Sometimes these Writs included both such as were possest of Lands worth Twenty pounds per annum and such as held a whole Knights Fee valued at that annual sum but the yearly value set by the King was not always certain for sometimes we find it to be fifteen pounds then twenty pounds at other times thirty pounds then forty pounds and sometimes fifty pounds Anno 40. Hen. 3. The Sheriffs in England were amerced because they had not distrained all those who had such Estates in Land as the Law limited to take the Order of Knighthood or otherwise to pay their Fines and we observe the Command in the Kings Writ to be now and then accompanied with much severity in case the Sheriff should be negligent in the discharge of his duty or connive with any for lucre of a Bribe as appears in that directed to the Sheriff of Northamptonshire the words whereof are Rex Vicecom Northt salutem Praecipimus tibi quod sicut teipsum omnia tua diligis omnes illos in Rallivatua qui habeant viginti libratas terrae distringas quod se Milites faciendos citra Nativitatem Sancti Iohannis Baptistae proximè futur Sciturus pro certo quod si pro munere vel aliqua occasione aliquam relaxationem eis feceris vel aliquem respectum dederis Nos ita graviter ad te capiemus quod omnibus diebus vitae tuae te senties esse gravatum T. R. apud Wyndesor decimo quarto die Aprilis Where upon appearance after such Proclamation a reasonable or lawful excuse hath been alledged as old age irrecoverable weakness loss of Limbs being in holy Orders or the like whereby the Body was wholly disabled to perform personal service there the allegations have been admitted by the King the persons acquitted and by Letters Patents exempted from taking this Military Order during life But there were many other causes and reasons which usually obtained a suspension for some certain time besides those set down in the Act of Parliament Anno 1. E. 2. as where a man was at present greatly indebted or bound to attend some necessary employment as a Serjeant at Law in the Common Pleas Court for which nevertheless the party suing for such favour paid a Fine and therefore in some Writs we have seen a clause added to give
after when this Order was fallen into great decay it was given unto Don Gonçalionez Master of the Order of Calatrava by King Ferdinand the Saint in the year of our Lord 1221. by whose consent they were afterwards incorporated into the Order of Calatrava Moreover in the Instrument by which Alphonso the Ninth King of Castile gave the Lands to this Order which the Knights took from the Moors the Donation saith thus To you Don Rodrigo Gonçalez Master of Monfrac of the Order of Mount-Ioy They were also called saith Favin Equites de Truxillo or de Trugillo from a City of that name where they sometime resided but this will appear by and by to be a distinct Order united afterward to the Knights of Alcantara Knights of St. John of Acon or Acres 7. Under the Patronage of this Saint was this Order erected but the Original as to time uncertain The Knights thereof exercised all Duties of Charity towards those who went on Pilgrimage to visit the Holy Land and assumed the exercise of Arms in imitation of the Knights Hospitalars whence they became ranked amongst the Religious or Sacred Orders They followed the Rule of St. Augustine and according to Favin had a black Habit assigned them upon which they wore a White Cross Pattee After the City of Acon was taken they removed into Spain and flourished in that Kingdom in the Reign of Alfonsus the Astrologer King of Castile about which time Pope Alexander the Fourth approved the Order under the conjoined Title of St. Thomas and St. Iohn of Acon This King gave unto them by his Will all the Furniture of his House and very much Money but afterward they by little and little decayed until at length they were united with the Knights Hospitalars The Ensign of their Order saith Ios. Micheli Marquez was a Red Cross like to that of the Order of Montesa in the middle whereof stood the Figures of St. Iohn and St. Thomas which differs from what Favin hath before assigned but perhaps the colour of the Cross was changed to Red after their coming into Spain Knights of St. Thomas 8. There was another Order which as may be collected from Mennenius and Ios. Micheli was distinct from the former bearing the Title of St. Thomas but A. Mendo supposeth they were rather some of those which joined themselves to the Knights Hospitalars and the rather because they wore the same Habit with the Knights of St. Iohn of Acon they also made the same Professions followed the same Rule observed the same Constitutions and were approved and confirmed by Pope Alexander the Fourth and Fifth and Iohn the 22. Their Badge was a Saltire gules yet Micheli makes it the same with that of St. Iohn of Acon wanting the Figures in the middle But Andr. Favin reports though we meet with nothing in our English Histories to back him that this Order was Instituted by our King Richard the First after the surprisal of Acon and that these Knights were of the English Nation who wore a White Habit and a Red Cross charged in the middle with a White Escallop and lastly that they had for their Patron St. Thomas Becket This gives us occasion to remember here that we have some more Honor of this kind done our Nation by Strangers if it can be called an Honor to report those things of us which want ground and authority from our own Histories and Chronicles to support them viz. That Henry of England which by the note of time afterwards mentioned must be understood of our King Henry the Second visiting the Holy places in Ierusalem but we find not that he was ever there being moved with a pious zeal by the example of the Knights of the Sepulchre Instituted the Order of Iesus Christ of the holy Sepulchre in England in the year of our Lord 1174. giving to the Knights thereof the same Rules as had those of the Holy Sepulchre in Ierusalem which Order saith the same Author was confirm'd by Pope Alexander the Third under the Rule of St. Basil. Howbeit after the Christians were driven out of the Holy Land the Knights of this Order were joined to the Knights Hospitalars But we give the less credit to this formal account because we find no mention made thereof in any of our English Writers or Records Perhaps the Relator mistook them for the Canons regular but not Knights of the Holy Sepulchre who about that time lived amongst us and of whom the Antiquities of Warwick-shire give some account Knights of St. Blase 9. These were called also Knights de Sancta Maria and founded under the Rule of St. Basil. They were Officers and Servants to the Kings of Armenia and had assigned them for their Habit Skie-colour with a Cross gold worn before their breasts Others say a Red Cross and in the middle thereof the Picture of St. Blase their Patron This Order was at the height when the Armenian Kings of the House of Luzignam kept their Court in the City of Acon Knights of the Martyrs in Palestine 10. By the pious affection of some Noblemen there was erected in the Holy Land an Hospital dedicated to the holy Martyrs St. Cosmas and St. Damianus where all acts of charity were exercised towards sick strangers Their profession also obliged them to other works of mercy towards the poor to redeem Captives taken by the Saracens and to bury the dead These Knights followed the Rule of St. Basil which was confirmed to them by Pope Iohn the 22. They wore for the Badge of their Order a Red Cross and in the middle thereof within a Circle the Figures of the Saints Cosmas and Damianus were described Mennenius informs us that Hieron Romanus had seen some of these Knights wearing for their chief Ensign a Red Cross and professing the Rule of St. Augustine which perhaps was so changed when they retired into Europe Knights of St. Katharine at Mount Sinai 11. This Order received its Institution saith Ios. Micheli in the Year of our Lord 1063. under the Title and Patronage of St. Katharine whose body is reported to be deposited in Mount Sinai and the high Altar in the Church of the Monastery there dedicated to her name erected neer to the place where she was interred The end for which these Knights were at first Instituted and the sum of their profession was to guard and keep safe the Sepulchre of St. Katharine to secure the ways for Travellers to defend and protect the Graecian Pilgrims who came thither for devotions sake and to relieve and entertain them with convenient Hospitality Their Habit was White and they lived under the Rule of St. Basil the Great making their Vows of conjugal chastity and obedience to the Abbot of this Monastery who was their Superiour or Master But when those
is an Officer under both the before mentioned Stewards He keeps the Courts by himself or Deputy he is a Barraster at Law and the standing Council for the Colledge his yearly Pension is twenty Nobles but the Council in Spiritualibus is usually a Graduate in the Civil Law The Chapter-Clerks Office or Registership is to enter or register all Acts agreed upon in the Chapter-house he also draws ingrosseth and registreth all Indentures Patents Grants Leases and other Writings which pass under the common Seal of the Dean and Canons His Pension is 3 l. 6 s. 8 d. per annum The Vnder Stewardship and Chapter-Clarkeship went sometimes heretofore together but of late they are divided and now this Officer is also a Barraster at Law Of the Vergers Institution the Statutes of the Colledge take notice and appoint that in the Chappel at Processions and other Solemnities he shall go before the Dean and Canons bearing his Rod for which service there was then allowed him annually one Robe and six pence per diem And besides these Officers there are two Sextons two Bell-ringers a Clock-keeper and a Porter who attends the shutting and opening of the Gates SECT VII Of the Endowment of the Colledge OUR brief account relating to the Dean Canons and other Members of the Colledge being now dispatch'd it follows that we treat of the Endowment thereof and shew what Lands were given towards the maintenance and support of this Foundation But because we intend no other account here than in that of the Castle Chappel and Colledge which was but short we will only set down what Lands c. the Founder endowed the Colledge with and then touch upon those other considerable additions made by some of his Successors Soveraigns of the most noble Order of the Garter and of the Knights-Companions referring the rest after a bare mention of some other that were taken into the first Foundation to the larger discourse which we intend hereafter to make publick The Endowments wherewith King Edward the Third invested this Colledge by his Letters Patent of Foundation before mentioned were first the Advowsons of the Churches of Wyrardesbury vulgarly called Rasbury in the Diocess of Lincoln of Southtanton in the Diocess of Exeter and of Uttoxater in the Diocess of Coventry and Lichfield These he gave to the Custos Canons Alms-Knights and Ministers of the Colledge to hold in free pure and perpetual Alms throughly and perpetually free from all secular exactions with license to appropriate the same to the Colledge notwithstanding the Statute of Mortmain He thereby also appointed so much of his Treasure as should be for their decent support until he had setled an immoveable estate of 1000 l. per annum upon them in Lands Benefices or Rents But as for two of these Advowsons namely Vttoxater and Southtanton 't is to be doubted there was afterwards discovered some defect in the Kings Title to them and that the right of Patronage lay rather in Henry Earl of Lancaster and Thomas Earl of Warwick for the 18. of Iune anno 23. E. 3. the King granted special Licence to Henry Earl of Lancaster that he should give and assign to the Custos and Chaplains of the Chappel of St. George in Windesor and their Successors for ever the Advowson of the Church of Vttokeshatre it being there said to be of the Earls proper Patronage And the like license to Thomas Beauchamp Earl of Warwick for assigning to them the Advowson of the Church of Southtanton that being of his Patronage also The King gave special license likewise to receive these Advowsons from these Earls and to appropriate them to the use of the Colledge Another like license pass'd 26. Ian. anno 24. E. 3. to William de Bohun Earl of Northampton that enabled him to assign to the said Custos and Chapl●ins and their Successors the Advowson of the Church of Dadyngton in the County of Oxford which he held of the King in Caepite with license for them to receive and appropriate the same The 28. of Ianuary following this royal Founder gave unto the Custos and Colledge by the name of Custos and Chaplains of his Free Chappel of Windesor one Messuage seventeen Acres of Land one Acre of Pasture and three shillings Rent with the appurtenances lying in Wyrardesbury in the County of Buckingham which had been conveyed to him by Rich. de Gloucester Heir to Isabell de Ditton And on the 22. of May ensuing he also granted unto them the Advowson of the Church of Dachet neer Windesor with license to appropriate it to them and their Successors In the following year primo Martii the King gave them the Advowsons of the Churches of Eure in Buckinghamshire of Riston in the County of Norfolk and of Whaddon and Caxton in the County of Cambridge to appropriate these also to them and their Successors And the 9. of May after he likewise granted and assigned to them the Advowson of the Churches of Symondesbourn which the Colledge in the Reign of King Edward the Fourth surrendred to Richard Duke of Gloucester and of St. Stephens of Saltash with like license of Appropriation But the first of these was the gift of Queen Philippa she having purchased it of Sir Iohn Darcy Knight and the other of Edward the black Prince and both granted by them first to the King that by his Grant afterwards to the Colledge its Title might be better strengthened The 26. of October in the same year the King granted to the said Custos and Colledge and their Successors one hundred Marks per annum to be received out of the Farm of the Town of Northampton and paid them by the hands of the Bailiff of that Town for the time being at Easter and Michaelmas by equal portions towards their sustentation and maintenance and the supportation of the burthen of the Chappel It was at the instance of the Founder and therefore we mention it here That the Bailiffs and Communality of Yarmouth granted to the Colledge the first of April anno 26. E. 3. under their Common-Seal a Last of Red Herrings yearly well dried and cleansed to the end they might take this Corporation into their Prayers But some say it was enjoin'd them as a Penance for murdering a Magistrate among them Moreover the Founder granted to them and their Successors 18. Iuly anno 26. E. 3. the Mannor of Eure neer Weybrigg with its appurtenances in Buckinghamshire the Mannor of Craswell with its appurtenances in the Parish of Bray in the County of Berks and a certain Weare called Braybrok placed in the River of Thames with all the Lands and Tenements in the said Parish conveyed unto him by Sir Iohn Philibert together with the Knights Fees and Advowsons of Churches Chappels Chanteries and other things whatsoever to the said Mannors Lands and Tenements belonging or appertaining And the 23. of