130. Treaty of Commerce with Burgundy

(November, 1467. French original, 11 Rymer, 592-594, 598. Translation by Editors. This treaty was renewed with some modifications 12 July, 1478, 2 January, 1487, and 24 February, 1496 (12 Rymer, 578). This last is known as the Intercursus Magnus.)

FIRS

IRST, that all merchants as well of the realm of England, of Ireland, and of Calais, as the merchants of the duchy, county and country of Brabant, of Flanders, the town and lordship of Mechlin and the other countries of our said cousin the duke, be they merchants of wools, leathers, of provisions or of any other merchandise, their factors and servants shall be able to travel securely by land, on foot, on horseback or otherwise and in passing in and beyond the waters of Gravelines and of Calais to Brabant, Flanders, Mechlin and other countries above mentioned, and from Brabant, Flanders, Mechlin and the other countries above mentioned to Calais, together with the goods and merchandise, to take their way between the sea and the castles of Mark and of Oye and to trade one with the other in all kinds of merchandise, provisions and other things, except armor, artillery, cannon, powder, and other things made similarly and for hostile purposes.

And that the said merchants, their factors and servants shall be able, each of them to whom it shall be necessary, to buy and to have provisions freely of those of the other part, and to carry them by land in and beyond the waters aforesaid, one to the other; that is to say, those of England and the rest of the country of England (by which we mean Ireland and Calais) in to Flanders to Mechlin, and the other aforesaid countries; and those of Brabant, of Flanders, of Mechlin and aforesaid countries to Calais; to travel by the way aforesaid, without any hindrance, disturbance or prohibition whatsoever, for this cause neither incurring any penalty nor being held to blame in any manner by the lords of one part or the other or by their justices, officers or subjects.

Item, that all merchants of England, Ireland and Calais, be they merchants of wools, leathers, of provisions or of any other merchandise whatsoever, their factors and servants, masters of ships and sailors, shall be able to travel by sea, to pass, to repass, to hold intercourse with, to enter, be, and dwell safely in the said duchy, county, and countries of Brabant, Flanders, the lord

ship and town of Mechlin, and the other countries aforesaid, and within the ports and harbors of the same with all their goods, merchandise, and ships, and to trade with all the merchants of Brabant, of Flanders, and of Mechlin, and of all the said countries and whatsoever other merchants, their factors and servants in all kinds of merchandise, as well foods as other kinds (except armor * for hostile purposes) and to depart with their said ships, goods, merchandise, and whatsoever else, being able to bring them back and to return in safety:

to

And that likewise all merchants of the said countries and lordships of Brabant, Flanders, Mechlin, and other aforesaid countries, be they merchants of wools * shall be able ⭑** dwell securely in the kingdom of England, in Ireland, and in Calais and within the ports and harbors of the same kingdom, country, and town, authorized by the king (that is to say, in the ports and harbors where customs officials and other officers are ordered to watch and wait for the entrance and exit of ships and merchandise, and not in others) with their goods and merchandise and ships and to trade with all the English merchants and others and their factors and servants in all kinds of merchandise, as well foods as other kinds (except the said armor *) and to carry into the aforesaid ports in England, Ireland and Calais their own goods, provisions and others, and the goods of the other aforesaid countries and lordships of Brabant, of Flanders, of Mechlin and the other aforesaid places, and to depart and return safely with all their said goods, merchandise and ships: And also that the said merchants, their factors and servants shall be able, each of them to whom it shall be necessary, to buy and to have provisions freely of those of the other country and to carry them by sea one to the other *** without being held to blame because they have so done, by the lords of one side or the other, nor by their officers; nor shall harm be done, or hindrance or disturbance made, by those of the part of England to the merchants of Brabant, Flanders, Mechlin, and aforesaid places, nor also by those of the aforesaid parts of Brabant, Flanders, Mechlin and other countries aforesaid to the merchants of the countries of England by violence, by reason of war and pillage, made or to be made, nor otherwise in any way for whatsoever cause; respecting and paying, as regards the merchants of England, of Ireland and of Calais, in the countries of Brabant, Flanders, Mechlin, and other aforesaid countries for the merchandise which they shall carry over and bring back; and likewise as regards the merchants of Brabant, Flanders, Mechlin,

and aforesaid countries in the said realm and countries of England, Ireland and Calais, for the merchandise which they shall carry over there and bring back, the customs, tolls, and duties due and customary when merchandise has had course in time past between the realms and countries aforesaid included in present agreement, without being constrained to other duties.

And in respect to the merchants of one side or the other, touching the merchandise which they shall bring over and carry back each on his part, they shall pay the tolls and duties at the ordinance of their prince and lord according to that which is customary in their country.

And by this it is not intended to prejudice the prince or lord of one country or another from levying in those countries and lordships such tolls and duties, with respect to his subjects, as shall seem good to him.

Except this, that the said merchants, of one side or the other, their factors and servants, masters of ships and sailors, to whom it shall be lawful to have with them in their ships armor and artillery, for the preservation and safety of themselves and their goods, in travelling by sea, and to take the same with them into whatsoever ports at which they arrive, shall upon leaving their said ships leave behind such armor in their said ships or vessels; except knives, a dagger, or a sword, which they shall be able to carry, if it seem good to them, to their inns, where they shall be bound to leave their said swords.

At all times, the prince of one part or the other shall be able, for a reasonable cause, such as the need or high price of food, to make restriction as regards such kinds of food as shall seem necessary to him for his own welfare and that of his subjects, this present agreement not preventing.

And if it should happen that any ships, by the fortune of the sea or the pursuit of enemies, should be constrained to take refuge in any ports or harbors in England which are not authorized as has been said, in such a case they shall be able to be and enter safely in the said ports and harbors, without being able (being at the said harbors and ports) to lade, to stow, or to unlade any commodities, foods, merchandise, or other things. Item, that the said merchants of England, their factors and servants, masters of ships and sailors, shall be able to hold intercourse with and dwell securely in the countries of Brabant, Flanders, Mechlin, and the aforesaid countries, and in the ports and harbors of the same countries, with their goods, ships, and any merchandises whatsoever, provisions and other things.

And likewise the merchants of Brabant, Flanders, Mechlin, and the other countries aforesaid and their factors and servants, masters of ships and sailors shall be able to be, to hold intercourse with, and to dwell safely in the kingdom of England, in Ireland, and at Calais, and in the ports and harbors of England, Ireland, and Calais aforesaid, without any misdeed being done or any hindrance or disturbance made by those of Brabant, Flanders, Mechlin and the aforesaid places nor by any others whatsoever (of whatsoever nation or country they may be) to the merchants of the country of England nor by those of that country of England or any others whatsoever to the merchants of Brabant, Flanders, Mechlin and the aforesaid countries, nor to their factors, servants, masters of ships, and sailors, of one part or the other, by violence, by reason of war, pillage, or robbery done or to be done, nor otherwise in any manner; provided that the merchants of any other country whatsoever be safe with all their goods and ships at the said countries of Brabant, Flanders, Mechlin, and other aforesaid countries, and in the ports and harbors of the said countries of Flanders, without any misdeed done or hindrance or disturbance made to them by those of the part of England; nor damage done or hindrance made in body or goods or in any possible manner by those of the other said countries to those of the part of England, their factors, servants, and goods, being in the said countries of Brabant, Flanders, the lordship and town of Mechlin, and in the other countries abovenamed, and in the ports and harbors of the same:

Given in the city of Brussels, the twenty-fourth day of November, the year of grace one thousand four hundred and sixty

seven.

131. Confirmation of Richard's Title

(1484. English original, 6 R. P. 241. 3 Stubbs, 235.)

Meal

BESIDES this we consider, how that ye be the undoubted son

and heir of Richard late duke of York, very inheritor to the said crown and dignity royal, and as in right king of England, by way of inheritance; and that at this time, the premises duly considered, there is none other person living but ye only, that by right may claim the said crown and dignity royal, by way of inheri

tance, and how that ye be born within this land; by reason whereof, as we deem in our minds, ye be more naturally inclined to the prosperity and common weal of the same; and all the three estates of the land have, and may have, more certain knowledge of your birth and filiation abovesaid. We consider also, the great wit, prudence, justice, princely courage, and the memorable and laudable acts in divers battles, which we by experience know ye heretofore have done, for the salvation and defense of this same realm; and also the great noblesse and excellence of your birth and blood, as of him that is descended of the three most royal houses in Christendom, that is to say, England, France, and Spain.

Wherefore, these premises by us diligently considered, we desiring effectually the peace, tranquility, and public weal of this land, and the reduction of the same to the ancient honorable estate and prosperity, and having in your great prudence, justice, princely courage, and excellent virtue, singular confidence, have chosen in all that that in us is, and by this our writing choose you, high and mighty prince, into our king and sovereign lord &c., to whom we know for certain it appertaineth of inheritance so to be chosen. And hereupon we humbly desire, pray, and require your said noble grace, that according to this election of us the three estates of this land, as by your true inheritance, ye will accept and take upon you the said crown and royal dignity, with all things thereunto annexed and appertaining, as to you of right belonging, as well by inheritance as by lawful election: and, in case you so do, we promise to serve and to assist your Highness, as true and faithful subjects and liegemen, and to live and die with you in this matter, and every other just quarrel. For certainly we be determined, rather to aventure and commit us to the peril of our lives and jeopardy of death, than to live in such thraldom and bondage as we have lived long time heretofore, oppressed and injured by extortions and new impositions, against the laws of God and man, and the liberty, old police, and laws of this realm, wherein every Englishman is inherited. Our Lord God, King of all kings, by whose infinite goodness and eternal providence all things be principally governed in this world, lighten your soul, and grant you grace to do, as well in this matter as in all other, all that that may be according to his will and pleasure, and to the common and public weal of this land; so that, after great clouds, troubles, storms and tempests, the sun of justice and of grace may shine upon us, to the comfort and gladness of all true Englishmen.