Constitutional history -- England -- Sources; Magna Carta
41. All merchants shall have safe and secure exit from England, and
entry to England, with the right to tarry there and to move about as
well by land as by water, for buying and selling by the ancient and
right customs, quit from all evil tolls, except (in time of war) such
merchants as are of the land at war with us. And if such are found in
our land at the beginning of the war, they shall be detained, without
injury to their bodies or goods, until information be received by us,
or by our chief justiciar, how the merchants of our land found in the
land at war with us are treated; and if our men are safe there, the
others shall be safe in our land.
42. It shall be lawful in future for anyone (excepting always those
imprisoned or outlawed in accordance with the law of the kingdom, and
natives of any country at war with us, and merchants, who shall be
treated as if above provided) to leave our kingdom and to return, safe
and secure by land and water, except for a short period in time of war,
on grounds of public policy- reserving always the allegiance due to us.
43. If anyone holding of some escheat (such as the honor of
Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats
which are in our hands and are baronies) shall die, his heir shall give
no other relief, and perform no other service to us than he would have
done to the baron if that barony had been in the baron’s hand; and we
shall hold it in the same manner in which the baron held it.
44. Men who dwell without the forest need not henceforth come before
our justiciaries of the forest upon a general summons, unless they are
in plea, or sureties of one or more, who are attached for the forest.
45. We will appoint as justices, constables, sheriffs, or bailiffs only
such as know the law of the realm and mean to observe it well.
46. All barons who have founded abbeys, concerning which they hold
charters from the kings of England, or of which they have long
continued possession, shall have the wardship of them, when vacant, as
they ought to have.
47. All forests that have been made such in our time shall forthwith be
disafforsted; and a similar course shall be followed with regard to
river banks that have been placed “in defense” by us in our time.
48. All evil customs connected with forests and warrens, foresters and
warreners, sheriffs and their officers, river banks and their wardens,
shall immediately by inquired into in each county by twelve sworn
knights of the same county chosen by the honest men of the same county,
and shall, within forty days of the said inquest, be utterly abolished,
so as never to be restored, provided always that we previously have
intimation thereof, or our justiciar, if we should not be in England.
49. We will immediately restore all hostages and charters delivered to
us by Englishmen, as sureties of the peace of faithful service.
Public-domain text, read in full here on John Shaqi.
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