The observator observed, or, Animadversions upon observations on the history of King Charles wherein that history is vindicated, partly illustrated, and severall other things tending to the rectification of some publique mistakes, are inserted : to which is added, at the latter end, the observators rejoinder.

Page. 98. (Book p. 98)

Fol. 110. There was an old skulking statute long since out of use, though not out of force, &c.] Observator. This statute was made in the first year of Edward the second. But whereas our Author tells us that the persons mention'd in that statute were not required to be made Knights, as was vulgarly supposed, but ad arma geren∣da,

to bear armes, and thereupon tells us a story of a Sword and Surcoate, I shall rather believe the plain words of the Statute, then his interpretation.]

Answer. I find by Sr. Edward Coke, Inst. part second, that by the Common-Law all persons who hold a Knights Fee (which was of uncertain value, sometimes 15, sometimes 20, some∣times (as in this present case) 40 l. per annum) might be com∣pell'd to be made Knights. That the Kings of England had this power before the Stat. 1. Ed. 2. it is evident by Matthew Paris, pag. 897. who relateth that H. 3. came into the Exchequer, & there fined all the Sheriffs of England five markes a man, for not distraining Quemlibet habentem, &c. [Every one having ••5. pounds per annum, to be made Knights as he commanded by his writs directed to those Sheriffs.] And the like precept was sent out by Edward 1. as is to be seen by Matthew Westmin∣ster, Flor. Hist. p. 223. As to my story of the Belt and Surcoate, the Author thereof (an eminent Antiquary) being long since dead, and not in being to make his defence, I shall offer something out of my reading, tending that way in confirma∣tion of that note. First, for the time, that it was regularly to be at the Coronation, is inferrible from the instrucions sent down this year, with the Kings Commission, whereby [Al such Baronets as were not Knights at his Coronation, and all Knights who have received that honour since that time] are declared liable to make fine. As for the Belt and Surcoate, Matthew Westminster tells us, K. Ed. 1. sent forth a Procla∣mation, that all such persons, Qui haber ent unde militarent adessent apud Westmonaster. &c. Who had possessions valued at a Knights fee should appear at Westminster, &c. What to do? he tells you presently, admissuri singuli ornatum militatem ex regia garderoba, to receive military accoutrements out of the Kings Wardrobe. But I said, these men summon'd were not to be made Knights, as was vulgarly supposed, which words having re∣ference to the present case, are no other in substance then what Sr. Edward Coke said before me, who in the place fore∣recited speaks clearly thus. [Now, tempora mutantur, the times are changed and many a yeoman purchaseth lands in Knights service, and yet (non debet) ought not, for want of Gentry, to be a Knight] and a little after, the fine to the Mark which is chiefly aimed at.