History for ready reference, Volume 2, El Dorado to GreavesLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 2, El Dorado to Greaves
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
37. If any do hold of us by fee-farm, or by socage, or by
burgage, and he hold also lands of any other by knight's
service, we will not have the custody of the heir or land,
which is holden of another man's fee by reason of that
fee-farm, socage, or burgage; neither will we have the custody
of the fee-farm, or socage, or burgage, unless knight's
service was due to us out of the same fee-farm. We will not
have the custody of an heir, nor of any land which he holds of
another by knight's service, by reason of any petty serjeanty
by which he holds of us, by the service of paying a knife, an
arrow, or the like.
38. No bailiff from henceforth shall put any man to his law
upon his own bare saying, without credible witnesses to prove
it.
39. No freeman shall be taken or imprisoned, or disseised, or
outlawed, or banished, or any ways destroyed, nor will we pass
upon him, nor will we send upon him, unless by the lawful
judgment of his peers, or by the law of the land.
40. We will sell to no man, we will not deny to any man,
either justice or right.
41. All merchants shall have safe and secure conduct, to go
out of, and to come into England, and to stay there and to
pass as well by land as by water, for buying and selling by
the ancient and allowed customs, without any unjust tolls;
except in time of war, or when they are of any nation at war
with us. And if there be found any such in our land, in the
beginning of the war, they shall be attached, without damage
to their bodies or goods, until it be known unto us, or our
chief justiciary, how our merchants be treated in the nation
at war with us; and if ours be safe there, the others shall be
safe in our dominions.
42. It shall be lawful, for the time to come, for anyone to go
out of our kingdom, and return safely and securely by land or
by water, saving his allegiance to us; unless in time of war,
by some short space, for the common benefit of the realm,
except prisoners and outlaws, according to the law of the
land, and people in war with us, and merchants who shall be
treated as is above mentioned.
43. If any man hold of any escheat, as of the honour of
Wallingford, Nottingham, Boulogne, Lancaster, or of other
escheats which be in our hands, and are baronies, and die, his
heir shall give no other relief, and perform no other service
to us than he would to the baron, if it were in the baron's
hand; and we will hold it after the same manner as the baron
held it.
44. Those men who dwell without the forest from henceforth
shall not come before our justiciaries of the forest, upon
common summons, but such as are impleaded, or are sureties for
any that are attached for something concerning the forest.
45. We will not make any justices, constables, sheriffs, or
bailiffs, but of such as know the law of the realm and mean
duly to observe it.
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