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his said heirs, as above is rehearsed; and keep, observe and strengthen as much as appertaineth unto them, all the things abovesaid, and resist to their power all them that will presume the contrary, according to their estates and degrees.

26. Item, the said Richard duke of York, earls of March and Rutland, shall promise and make oath, to help, aid and defend the said lords, and every of them, against all those that will quarrel, or anything attempt against the said lords, or any of them; by occasion of agreement or consenting to the said accord, or assistance giving to the said duke and earls, or any of them.

Item, it is agreed and appointed, that this accord, and every article hereof, be opened and notified by the king's letters patents or otherwise, at such times and places, and in manner, as it shall be thought expedient to the said Richard duke of York, with the advice of the lords of the king's council.

27. The king, understanding certainly the said title of the said Richard duke of York, just, lawful, true and sufficient, by the advice and assent of the lords spiritual and temporal, and commons, in this parliament assembled, and by authority of the same parliament, declareth, approveth, ratifieth, confirmeth and accepteth the said title, just, good, lawful and true, and thereunto giveth his assent and agreement, of his free will and liberty. And over that, by the said advice and authority declareth, entitleth, calleth, establisheth, affirmeth and reputeth the said Richard duke of York, very, true and rightful heir to the crowns, royal estate, and dignity of the realms of England and of France, and of the lordship of Ireland aforesaid; and that according to the worship and reverence that thereto belongeth, he be taken, accepted and reputed, in worship and reverence, by all the estates of the said realm of England, and of all his subjects hereof: saving and ordaining by the same authority, the king to have the said crowns, realms, royal estate, dignity and pre-eminence of the same, and the said lordship of Ireland, during his life natural. And furthermore, by the same advice and authority, willeth, consenteth and agreeth, that after his discease, or when it shall please his Highness to lay from him the said crowns, estate, dignity and lordship, or thereof ceaseth: the said Richard duke of York and his heirs, shall immediately succeed him in the said crowns, royal estate, dignity and lordship, and them then have and enjoy, any act of parliament, statute, ordinance, or other thing to the contrary made, or interruption or discontinuance of possession, notwithstanding. And moreover, by the said advice and authority, stablisheth, granteth, confirmeth, approveth, ratifieth

and accepteth the said accord, and all things therein contained, and thereunto freely and absolutely assenteth and agreeth.

And by the same advice and authority, ordaineth and establisheth, that if any person or persons, imagine or compass the death of the said duke, and thereof proveably be attaint of open deed done by folks of their condition, that it be deemed and adjudged high treason.

28. And furthermore ordaineth, granteth and stablisheth, by the said advice and authority, that all statutes, ordinances and acts of parliament, made in the time of the said king Henry the Fourth, by the which he and the heirs of his body coming, or Henry late king of England the Fifth, the son and heir of the said king Henry the Fourth, and the heirs of the body of the same king Henry the Fifth coming, were or be inheritable to the said crowns and realms, or to the heritage or enheritement of the same, be annulled, repelled, revoked, dampned, cancelled, void, and of no force or effect:

129. Act declaring Valid Acts of Lancastrian Kings

ED

(1461. French text and translation, 2 S. R. 380. 3 Stubbs, 201.)

DWARD, by the grace of God king of England and of France, and lord of Ireland, the fourth after the conquest: to the honor of God and of Holy Church, to nourish peace, unity, and concord within his realm of England, which he most entirely desireth, by the advice and assent of the lords spiritual and temporal of the same realm, and at the special request of the commons of his said realm come and assembled at his first parliament holden at Westminster upon the fourth day of November, in the first year of his reign, and by authority of the same parliament, hath caused to be ordained and established certain statutes, declarations, and ordinances, in manner and form following.

1. First, that in eschewing of ambiguities, doubts, and diversities of opinions, which may rise, ensue, or be taken of and upon acts judicial, and exemplifications of the same, made or had in the time or times of Henry the Fourth, Henry the Fifth his son, and Henry the Sixth his son, late kings of England successively,

in deed and not of right; our said lord the king, by the advice and assent of the lords spiritual and temporal, and at the request of the said commons in the said parliament assembled, and by authority of the same, hath declared, established, and enacted in the said parliament, that all fines, and final concords, levied or made of any lands, tenements, possessions, rents, inheritances, or other things, and all acts judicial, recoveries, and processes, determined or commenced, not revoked, reversed nor annulled, made or had in any court or courts of record, or any court or courts holden in any of the times of the pretensed reigns of any of the said late kings, in deed and not in right, other than by authority of any parliament holden in any of their times, and exemplifications of the said fines, acts judicial, and recoveries, out of any of the said parliaments, and every of them, shall be of all such force, virtue, and effect, as if the said fines, final concords, acts, recoveries, processes, and other the premises, had or made out of any of the said parliaments, and exemplifications of the same, had been commenced, sued, had or determined in the time of any king lawfully reigning in this realm, and obtaining the crown of the same by just title.

And also that all letters patents made by any of the pretensed kings to any person or persons, of creation, insignicion or erection of any of them, to any estate, dignity or pre-eminence, shall be to the said person or persons, and to such of their heirs which be contained in the same letters patents, of such force, avail and effect, as touching such creation, insignicion or erection, as if the same letters patents had been made or granted to any of them by any king lawfully reigning in this realm and obtaining the crown of the same by just title; and that they being so created, insigned or erected, shall have new grants of the king of their annuities for the maintenance of their estates, as hath been of old time accustomed; except such persons, and every of them, whom our sovereign lord the king reputeth and holdeth for his rebels or enemies.

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.)

FIRST, 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 Øye 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:

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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,

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