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 escheat,[41] 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.

[Footnote 41:  The word escheat is derived from the French escheoir, to return or happen, and signifies the return of an estate to a lord, either on failure of tenant’s issue or on his committing felony.  The abolition of feudal tenures by the Act of Charles II. (12 Charles II. c. 24) rendered obsolete this part and many other parts of the Charter.]

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.[42]

[Footnote 42:  The laws for regulating the royal forests, and administering justice in respect of offences committed in their precincts, formed a large part of the law.]

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.

46.  All barons who have founded abbeys, which they hold by charter from the kings of England, or by ancient tenure, shall have the keeping of them, when vacant, as they ought to have.

47.  All forests that have been made forests in our time shall forthwith be disforested; and the same shall be done with the water-banks that have been fenced in by us in our time.

48.  All evil customs concerning forests, warrens, foresters, and warreners, sheriffs and their officers, water-banks and their keepers, shall forthwith be inquired into in each county, by twelve sworn knights of the same county, chosen by creditable persons of the same county; and within forty days after the said inquest be utterly abolished, so as never to be restored:  so as we are first acquainted therewith, or our justiciary, if we should not be in England.

49.  We will immediately give up all hostages and charters delivered unto us by our English subjects, as securities for their keeping the peace, and yielding us faithful service.