Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	aforesaid_a	king_n	say_a	1,670	5	6.7912	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54299	The Portugal history, or, A relation of the troubles that happened in the court of Portugal in the years 1667 and 1668 in which is to be seen that great transaction of the renunciation of the crown by Alphonso the Sixth, the dissolution of his marriage with the Princess Maria Frances Isabella of Savoy : the marriage of the same princess to the Prince Don Pedro, regent of the realm of Portugal, and the reasons alledged at Rome for the dispensation thereof / by S.P., Esq.	Pepys, Samuel, 1633-1703.	1677 (1677)	Wing P1452; ESTC R18510	135,324	356

Roman Church or also Legats à Laterè Nuncio's of the Apostolick See or others who have or may have any preheminence or power from all and every one of whom we take away all power and Authority to Judge and Interpret after any other sort And wee declare Nul and Voyd all that shall be enterprised against what hath been here above reported The Rule of our Chancery Apostolick de jure quaesito non tollendo and that of Boniface the Eighth of Happy Memory our Predecessor de una dicta and that of the General Councel de duabus dictis and all other Constitutions and Ordinances Apostolick Special or General made in general Councels Provincials or Synods or any other thing whatsoever to the contrary notwithstanding Given at Rome from St. Mary Major under the Seal of the Fisher the 10th of Decemb. 1668. in the 2d year of our Papacy Signed J. G. Slusius The Judges to whom this Brief was directed having approv'd the Deeds contain'd in the Request gave Sentence which follows Christi Nomine Invocato Having seen the Brief of his Holiness which hath committed to us the Judgment of the Impediment publicae honestatis upon the Dispensation which it makes mention of and the Articles of Justification and the proofs which hath been given thereto as well as all the Instructions Certificates which have been joyntly made thereupon it appears That the most Serene Lord Don Alphonso the Sixth King of Portugal and Algarves being married to Maria Frances Isabella de Savoy the said Princess press'd in Conscience to pursue in Justice the Nullity of the said Marriage which she had contracted in Fact with the said most Serene King because of the perpetual Inabibility which was in his Person to consummate the said Marriage and that indeed he had not consummated it during the Sixteen Months that they had lived together as Man and Wife Which Cause was pleaded before the Vicar-General of the Archbishoprick of Lisbon and other Judges nominated by the Chapter of the said Archbishoprick before whom it in right lay in the vacancy of the said Sea It appears that the Cause was prosecuted even to a definitive Sentence by which the said Marriage contracted between the said King and the said Princess was declared Null because of the aforesaid perpetual Inability of the said Lord and King Don Alphonso to consummate the said Marriage with the said most Serene Princess Maria Frances Isabella de Savoy It appears that this Sentence was publish'd and judiciously signified to the said Lord the King Don Alphonso who declared in Terms reported by the Register of those Acts That he was willing it should be executed and that he did not at all desire to appeal which Declaration hath been signed by the King himself It appears that the three Estates of the Realms of Portugal and the Algarves who were at that time assembled at Lisbon did propose to the most Serene Prince Don Pedro Regent of the Realm and did supplicate him to Espouse the most Serene Princess Maria Frances Isabella de Savoy to give repose to the State and to secure the Royal Succession and that also they did make the same Proposition and the same Prayer to the said most Serene Princess It appears that for the Impediment publicae Honestatis the most Serene Prince Don Pedro not be-being able to Contract this Marriage with the said Princess they had recourse to the most eminent Cardinal de Vendosme Legat à Latere to his Holiness and of the Holy Apostolique Sea with the most Christian King of France to the end that he might dispense with that Impediment publicae Honestatis It appears that this Brief of Dispence was directed to the Vicar-General or to the Official of the Archbishoprick of Lisbon and that it was presented to the Bishop of Targa who at that time officiated the Functions of the said Archbishoprick who conformable to the Power therein given him and with all the accustomed Formalities did dispense with the said Impediment publicae Honestatis of the said Prince of the said Princess It appears that by vertue of this Dispensation and with the Trust and Confidence thereof the Lord Prince Don Pedro was married according to the Rule of the Holy Council of Trent to the said most Serene Princess Mary Frances Isabel of Savoy and that they did Consummate the Marriage of which there already is born one Daughter It appears that the said Prince and the said Princess being married in good earnest and in the face of the Church and living together in a Conjugal Life for the greater security of their Conscience to the end to deliver it from scruple and the State from trouble they had recourse to his Holiness that he might approve confirm and ratifie the said Marriage and take from them all Scruples that might arise which Grace his Holiness afforded them by the Brief above reported recommending this Affair to Judges who are therein named to the end that they finding just the Request of the said Prince and Princess they might after they had made full inquest and all necessary Informations to discover the Truth of the Facts upon which it was founded dispence with the said Impediment publicae Honestatis of the said Prince and Princess and of all other Impediments that might happen cancelling abrogating and declaring null the Tye and Bond of the former Marriage Contracted between the most Serene Lord the King Don Alphonso and the said most Serene Princess Dona Maria Frances Isabella de Savoy The whole being seen and considered and chiefly in consideration of the Brief hereunto annexed by the Apostolick Authority to us committed we do hold our selves bound faithfully at the Request of the said Prince and Princess to justifie them So that conformable to the said Brief we do dispence with the said Prince and most Serene Princess to the end that they may continue and abide in the said Marriage which they have well and lawfully Contracted without having regard to the said Impediment publicae Honestatis which resulted from the first annulled Marriage And we Declare for Legitimate and born in lawful Marriage the Infanta which through the Will of our Lord God has been born of this second Marriage and for Legitimate and born in lawful Marriage all other Children which shall hereafter be born without any lett or trouble from any Ordinances and Apostolick Constitutions to the contrary From Lisbon 18 Feb. 1669. Diego de Sousa Antonie de Mendosa Martin Alphonso de Mello Lewis de Sousa Emanuel de Magalhans de Meneses The Prince having rendred Thanks to his Holiness for his Benignity and Paternal Love which he had witness'd both to him and the Kingdom some time after he received this Brief To our dearly beloved Son in Jesus Christ the Prince Don Pedro Brother to the King of Portugal and Algarves Clement the IX OUR dearly beloved Son in Jesus Christ Health and Apostolick Benediction c. We having diligently travell'd in your

they might give Repose and Tranquillity to the Realm and being in doubt if from the first Marriage there might not arise some hinderance to it because of the publique Honesty they had recourse to our Well beloved Son Lewis de Vendosm Cardinal of the Holy Roman Church who at that time was our legat a Latere and of the Holy Apostolick See with our most dear Son in Jesus Christ the most Christian King of France who granted to them a Brief of Dispense which they demanded of him upon that Impediment and it being addressed to the Grand Vicar and to the Official at Lisbon to either of them or both together the said Prince and the said Princess were by Virtue of the said Dispensation Contracted in Good earnest in the Face of the Church in Marriage after the manner that was ordained by the Sacred Councel of Trent and after they Consummated the said Marriage in hope of having soon Successors But because in the same request it hath been remonstrated to us that the said Prince and the said Princess as our most respectful and most devout Children and of the Holy Apostolick See do most ardently desire that we should provide for the security of their Conscience and for the tranquility of the Realm After having maturely considered and Examined all things with some of our Venerable Brothers the Cardinals of the Holy Roman Church and with other great prudent Persons and most knowing and Skilful in the Sacred Canons and in Theology and very well vers'd in these Affairs and being also willing as far as God shall enable as to be benignly favourable to the said Prince Don Pedro and the said Princess Maria Isabella we do absolve them and hold them absolved by Virtue of these present Letters from all Excommunications Interdicts Suspensions and all Ecclesiastick Sentences Censures and pains a jure vel ab homine that they may have incurr'd upon any occasion or cause whatsoever and so often as by it they shall have incurred any to the end that by Virtue of these presents only they may obtain what they desire And being desirous to satisfie the Request which hath been humbly presented in their Name upon the Confidence that God hath given us of you and of your Fidelity towards us and the Apostolique See of your Learning Prudence and Integrity And besides for that we have no certain Knowledge of all that which hath been declared to us thereupon we do Ordain and Command you by these presents to make with all possible discretion all together or at least three of you if that some of you cannot be there to assist by any lawful Impediment a diligent research and an exact Information of all that which hath been averr'd thereupon And if by this search and this Information you find the truth of those things which have been represented to us to hold good and particularly that the first Marriage Contracted as hath been said between the King Alphonso and the aforesaid Princess Maria Isabella was never Consummated with which we very strongly charge the Conscience of every one of you that you break asunder and dissolve by and under oùr Apostolique Authority in all that shall be necessary even against the Will of the said King Don Alphonso the tye of the said first Marriage Contracted as aforesaid between the said Princess and the said King Don Alphonso and which hath been declared null and not Consummated notwithstanding that which hath pass d from the beginning and what might have now pass'd for good and notwithstanding if in time yet to come it should appear good and firm and that it is hath been and should be good and valuable And further we do order you to dispence with under the same Authority the said Prince Don Pedro and the said Princess Maria Isabella as to the Impediment of publick Honesty in such sort that they may freely and lawfully continue the aforesaid second Marriage notwithstanding the said Impediment and all that hath been reported thereupon and from any other Impediment that they may have therein of what Nature soever it be that may arise or appear at what time soever notwithstanding also all Apostolick Constitutions of General Councels Provincials and Synods or any other whatsoever We will also that you declare under and by the same Authority that you make grant and devise by vertue of these present Letters that all what hath been abovesaid may profit and serve in all and in every part fully and wholly to the said Prince Don Pedro and to the said Princess even from the day of the second Marriage which hath been Contracted by them as if these present Letters had been granted before the Contract of Marriage and put in execution by you according to their form and tenure Declaring Pronouncing and assuring for Successors lawful those Infants born and to be born of the said Second Marriage as hath been said Contracted in good earnest in the Face of the Church because by the plenitude of our Apostolick Power we give grant you the power by Virtue of these present Letters to do all these things injoyned Moreover we decree farther That neither the aforesaid King Alphonso nor any other persons which ought to be expressed and especially and particularly nominated to have any Interest in the things herein above expressed or to pretend to have any in any manner whatsoever not having consented or having been appealed Cited or heard and that the causes for which these present Letters have been granted were not sufficiently verified and justified or for any other legitimate cause Right or Priviledg either under any Colour or pretence whatsoever or also any Clause of Right shall never at any time blame retract violate our Counsel as surreptitious or attained by fraud nor make Nul neither for any fault of our Intention or by the consent of those who have or ought to have interest therein or for any other default how great or Essential soever it be or that might be in a particular Declaration these our present Letters And that no body may be able to obtain or Commence any thing of Right of Fact or of Grace nor to get nor prevail in Judicio vel extra illud against these Letters had obtained and granted of our own proper motion and with the same plenitude of Apostolick Power Further we will and declare that these present Letters continue for ever firm valid and Efficacious and that they have and obtain their full and entire Effect And lastly that they serve fully and wholly without any Limitation to the aforesaid Prince Don Pedro and to the aforesaid Princess Maria Isabella and to all others either at present or to come to whom they may any ways appertain And also that after this manner only and no otherwise we will that it be judg'd and decreed in this Affair by all the Judges in Ordinary or Delegates be they either Auditors in causes of the Apostolick Courts or Cardinals of the Holy

Kingdom as he might have done But on the contrary it was at this time that his modesty more apparently shew'd it self for seeing that the People redoubled their importunity to make him accept of the Scepter he redoubled his resolution to refuse it And indeed if under the Reign of the King Alphonso the Portugals had gained a Battle at Elvas another at Mount Elaros a third at Canal a fourth at Castle Rodrigo all the part that he had in it was under the Fortune of his Generals for the Marquess of Marialva the Count de Villaflor and Pedro Jaques de Magellanes had all that Glory But the Peace which was better than all these Victories since that it rendred to the Realm that Calm it had so long breath'd after was the work of the Prince Don Pedro more than of any of his Ministers In the mean time they went about to make the Marriage void before Francisco de Soto Major Bishop of Targa Coadjutor of the Arch-bishoprick of Lisbon the Doctors Valentine Fejo de Motta Vicar-General of the same Arch-bishoprick Pantaleon Rodrigue Pacheco nominated to the Bishoprick of Elvas in whose place after his decease they subrogated Antanio de Faria de Sylva Canon of the same Metropolitain Sebastian Denis Velho being Register to this Assembly After that upon the Report of the Coadjutor they had examined this Business according to the Laws they took the Voyces of those we have named publickly with those of Emanuel de Saldunha nominated to the Bishoprick of Visen Francisco Baretto nominated to that of the Algarves Pedro de Alaide de Castro Inquisitor of Conimbra Nuno de Acunha d'Eca Canon of the Metropolitan of Lisbon Gonzalo Peixoto de Sylva Canon of the said Cathedral Gaspar Barata de Mendosa Prior of the Church of St. Gracia John de Pasos Magelhans Prior of that of St. Julian and John Seraon Prior of that of St. Thomas all of them Judges named by the Chapter the Affair having been examined before them in private with much care and mature deliberation they pronounc'd this Sentence the 24th of Morch 1668. Upon the Report which hath been made in the presence of the Chapter in which there assisted besides the ordinary Ministers who compose it the Judges named by them to deliberate of the cause c. Having view'd the Acts and the Request of the Queen our Soveraign Mary Frances of Savoy which hath been here received and the Contestation by the Negotiation of the Promotor in default of the party in Form and stile the proofs having been verified the said Princess hath let us know that she was Contracted in Marriage in the Face of the Church with the most SerenePrince Don Alphonso the Sixth King of Portugal on the 27th of June 1668. in the City of Rochel in the Kingdom of France from whence the said Princess being come into this City she hath here lived in the Palace Royal with the King her Spouse for the space of six Months leading with him a Conjugal life but dureing this time it appear'd they two having tryed to Consummate the Marriage they could not effect it although they had used all their Care and diligence requisite thereto and this because of the Inability of the Prince which proceeded from an Infirmity which he had in his Infancy and which is at present altogether incurable Which doth more than sufficiently justifie them by those means approved of by the Canon Law so that the Impediment is held at least to be morally assured after which there is no need of Inspection nor of greater proofs as that of three years or of any other Arbitrary Term. All this having been examined by all the Acts Conformable to the Laws it is Judged That the Marriage between the said most Serene Prince and Princess was Contracted in Fact and not in Law and that it is declared Nul and that the said Prince and Princess may dispose of their persons as to them shall seem good and make a division of their goods according to the form of their Contracts This Sentence having been pronounced the Saturday before Palm-Sunday the Queen sent to declare to the 3 States the Resolution she had taken to return into France demanding at the same time that they would restore to her the dowry she had brought with her The 3 States having understood this News with much trouble and considered that this Princess for the Rare perfections of Mind and Body which Heaven had bestow'd upon her and for other considerations was most worthy of the Prince Don Pedro each of the States made a Memorial which they sent to him representing the Reasons which made them desire this Marriage The Common Councel of the City of Lisbon having done the same thing the Prince answer'd to them all That he was ready to do what should be Judg'd best for the Interest of the Realm After that the ThreeStates had received this Answer they and the Common Councel of the City went to make the same Petition to the Queen that since the Nullity of her Marriage the Portugals did desire she would espouse the Prince and they hop'd the felicity of this second Marriage would repair the misfortune of the first in giving them Successors to the Crown This Princess being touch'd with the violent passion of the People of the Realm and not being able to resist their pressing desires was willing to Content them by renouncing her own Country After this the Prince gave Notice of this Proposition to the Councel of State who not onely approv'd of the Marriage but they besought him that he would instantly accomplish it For this end the Marquess of Nisa and Don Rodrigo de Meneses were named Proctors for the Prince and the Duke of Cadaval and the Marques of Marialva for the Princess who drew up the Articles of Contract between them But when this Marriage was divulged there began to arise a doubt if with Reputation this Contract might be lawfully and effectually made and consummated without a dispensation But as they had chosen a great many Learned persons to resolve this Question Monsieur Verjus arrived from France with the Brief of Dispense which took away all doubt and scruple that they might have about it So that the Marquess de Marialva as Proctor for the Prince and the Duke de Cadaval as Proctor for the Princess were by vertue of the Brief and their Procurations espoused by the Bishop of Targa in the Oratory of the Palace and on the second of April which was the next day after Easter a little after Noon the Prince accompanied with his Grandees and all the Lords and Noblemen of the Court went to the Queen in the Covent of Esperance from whence they went to the Quinte of Alcantara followed by innumerable multitude of People who witnessed their good Will to this Marriage where they received the Nuptial Benediction by the hand of the same Bishop After this those who had been of the Opinion for the Crowning