e 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[38] by which he
holds of us, by the service of paying a knife, an arrow, or the like.
[Footnote 37: "Socage" signifies lands held by tenure of performing
certain inferior offices in husbandry, probably from the old French
word _soc_, a plough-share.]
[Footnote 38: The tenure of giving the king some small weapon of war in
acknowledgment of lands held.]
38. No bailiff from henceforth shall pat any man to his law[39] upon
his own bare saying, without credible witnesses to prove it.
[Footnote 39: Equivalent to putting him to his oath. This alludes to
the Wager of Law, by which a defendant and his eleven supporters or
"compurgators" could swear to his non-liability, and this amounted to
a verdict in his favour.]
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 any one 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.[40]
[Footnote 40: The Crown has still technically the power of confining
subjects within the kingdom by the writ "ne exeat regno," though the
use of the writ is rarely resorted to.]
43. If any man hold of any es
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