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A20476 The explanation. of the true and lavvful right and tytle, of the most excellent prince, Anthonie the first of that name King of Portugall, concering his warres, againste Phillip King of Castile, and against his subiectes and adherentes, for the recouerie of his kingdome. Together vvith a briefe historye of all that hath passed aboute that matter, vntill the yeare of our Lord. 1583. Translated into English and conferred with the French and Latine copies. By the commanundement and order of the superiors.; Explanatio veri ac legitimi juris, quo serenissimus Lusitaniae Rex Antonius eius nominis primis nititur. English António, Prior of Crato, 1531-1595.; Hollyband, Claudius, 16th cent. 1585 (1585) STC 689; ESTC S100205 44,552 60

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he slewe aboute sixe hundred spanyardes therin and had her rendred vnto him howbeit at the very same instant he was so furiously assailed by the marquis of saint Crosse himselfe cōming in a very great strōg ship called the galeon saint Martin that in the end he was vanquished for want of ayde For hee was not ayded by anye other sauing onelye the sayde Erle of Brissack who fighting valiantlye with two shippes greatelye endomaged thennimie but yet at laste seeing himselfe sore wounded and that he laboured in vaine being not seconded by others as was convenient he made his retrait in tyme retourning into Fraunce with the losse of manye of his men and his shippes in euill plight Duringe this greate battaile the Lorde of Sansolenne viceadmyrall to the Lorde Strossi and the lorde of Fumei captaine of fiue shippes for wante of winde as they pretended neuer inuaded thennemies These two lordes when they sawe the lord Strossi ouercome retyred with twentie shippes to king Anthony into thisle of Tercera His Maiestie vppon notice of thill successe of the battayle cōceaued greate sorrowe as he had good cause and that moste specially for the deathes of the lordes Strossi the Constable both lordes of greate valor and tooke it in verye euill parte that Sansolenne and Fumei had so miserablye forsaken them in the battayle These lordes of Sansolenne and Fumei shortly after by his maiesties lycence retyred into Fraunce leauing in thislande about two thousand and fiue hundred frenche souldioures for the defence of the Kings person in case thennemye woulde assalte thisle But the Marquis of sainte Crosse hauing loste in the battayle aboute two thousande of his best soldiours durst attempte no further againste thislande of Tercera but onelye stayed for the fleete whiche came out of the Easte and Weste Indyes and when they were ioyned with him hee tooke them vnder his conduction and so retourned presently towarde Spayne with all his atmye Vppon the aduertisement whereof King Don Anthonio with all expedition gathering together all the shippes aswell frenche as others whiche were at the sayde Islande of Tercera and other places there aboutes to the number of seuen and thurtye shippes embarqued himselfe with two thousande frenche souldioures and as manye Portugalls to thintent to passe therewith to thislande of Madera belonging to the Crowne of Portugall but then holden by the King of Castile But when the monethe of October was come at what tyme the sea beginneth greatelye to swell in those parties there arose so mighty and furious a tempest in the middest of their iourney with a contrary wind that it was vnpossible for thē to passe any further and for their shippes to keepe company together but being dispersed diuerse waies arryued with great trauaile and daunger part in Fraunce and parte with the Kinge in thisle of Tercera After the Kinge had soiourned there aboute twentye dayes and sette suche order in thislande as was conuenyente hee departed from thence with fiue shippes towarde Fraunce and arriued there with the helpe of a fauourable wynde within twelue dayes taking in his companye Ciprian de Figuereds who till then had gouerned the sayde Islandes of Assores and appointing in his place Emanuell de Silua Earle of Torres Vedras of whome more shall be spoken hereafter His maiestie beeing arriued in Fraunce was there agayne verie honorablye receaued aswell by the moste Christian kinge as by the Queene-mother who then offred to giue him any assistance to preuaile against his ennemye and as time and occasion should serue to restore him to his kingdome naminge vnto him shortelye after the Duke of Ioyence for generall of tharmies Whiche for that cause shoulde thereafter be prepared But in the meane tyme the kinge of Castile seeking all possible meanes for the cause afore alleaged to bring the sayde Island of Tercera and the rest of thislandes of Assores vnder his subiection appointed therefore to be prepared for the yere following another myghtie and greate armye of manye gallyons galeies other vessels both greate and small to the number of a hundred and twentye Of whiche nauye the Marques of sainct Crosse was appoynted generall agayne In the meane space King Don Anthony vnderstanding thereof omitted nothing that might tend to the defence and preseruation of thisle For by the fauour assistance of the queenemother hee prepared a Nauye and leuied two thousande frenche soldiours to bee for that cause employed vnder the conduction of Mounsir de Chartres a noble gentleman and of greate valour of whome the queenemother had made speciall choyse amongest manye for that seruice This Mounsyr de Chartres with the sayde nauie and number of soldiours aboute the beginning of spring tyme departed towarde the sayde Isle of Tercera to furnishe it with a stronge garrison and defende it againste thinuasion of the King of Castile arriued there with a fauourable wynde without anye misfortune Nowe when the Kinge of Castiles armie was ready amounting to a hundred and twentie sayles and ten or twelue thousande fighting menne the Marques of sainct Crosse departed with the same from Lisbone about thende of Iune 1583. and arriued before the sayde Isle of Tercera the foure and twenty of Iuly following and hauing spent two or three daies in viewing where to land his men beste vppon the thirde daye after by the●lpe and benefite of his Galleyes which contrary to many mens opinions he brought thither he landed his men of war in a certaine place least suspected by the captaines inhabitants of thisland where remained but a verie small garrsion By reason whereof it came to passe that before the principall body of the garrisō which was two miles of could come thither then'nimy had leasure to land almost tenne thousande fighting men and had halfe intrenched them Firste therefore Mounsyr de Chartres came thyther in all expedition with his regimente of Frenchemen and hotlye skirmished with the enemies wherein manye were slayne on eyther side but specially of the Spanyardes At laste also came therle of Torres Vedras gouernoure of the Isle with a good number of Portugall souldioures and men of the Islande well armed and sufficientlye trayned And perceauing in what case thinges stood treated with Mounsyr de Chartres touching the ioyning of present battayle with the ennemy Herevpon they all prepared themselues to fight the squadrons being set in order are apoynted to march against the ennemy But for that the Marquise had twice as many men in his army as were in King Anthonies and also it seemed very late in the day to gyue this battayle the sayde Erle propounded to Mounsyr de Chartres to differre it tyll the next daye and that in the meane space he would cause victuals gunpouder munition and other necessaries to be brought into a conuenient place amongst the rockes of the Isle to the intent to make their retraite thither to staye for ayde out of Fraunce or the other Islandes if they fortuned to loose the victory
the same King Emanuell Also Katherine Duches of Bergantia daughter to the saide Edward sixt sonne of the saide King Emanuell and lastlye the prince of Parma as father and tutor to his eldest sonne which he had by Mary daughter also to the sayde Edward All the which princes and potentates were cyted by the sayde King Henry to appeare at a certain day to thintent euery of them by his Ambassador or Agent might propound and set downe in the sayd assembly of thestates all such right and tytle as euery of them after his death could pretend to the sayd kingdome Saying hee was minded to determine the same cause in his lyfe time if possibly he could bring it to passe But if death shoulde preuent his purpose therein his meaning was to commit and appoint not onelye certaine persons to gouerne the kingdome but also certaine Iudges to determine who had best right and title to succeede enioy the crowne alleaging he tooke that course to auoide all controuersies inconueniencies warres which otherwise were like to happen Whereuppon all the sayde princes and potentates thus lawfully cyted sent their Ambassadors or deputies with sufficient instructions on their behalfe to propoūd in the said assembly of thestates their seuerall rightes and tytles which they pretended to the said kingdome Except onely Phillip King of Castile who answered he neyther had nor acknoledged and Iudge in earth but onelye in heauen And therfore woulde not commit his righte and tytle to the determination of any Iudges that shoulde bee appointed concerning that matter adding withall howe hee was sufficiently informed by his best learned lawyers in his owne kingdome that there was no other personage in the world sauing onely himselfe that had lawfull right to succeede in the sayde kingdome of Portugall after the death of the sayde King Henry which right in case it shoulde be denyed vnto him that then hee woulde obtaine the kingdome by force of armes When the most excellent pryncesse Katherine de Medicis the french Kings Mother was aduertised of these matters namely that King Henry had commaunded all them to be cyted whiche pretended auy tytle to the kingdome she sent into Portugall for her Ambassador the Byshop of Comminges to propound in lyke manner on her behalfe in the sayde assemblye of thestates the righte which she pretended to the sayde kingdome grounding her tytle vpon her descent from King Alfonsus brother to King Sancho the seconde of that name who before he was King had marryed in Fraunce Mawde Countesse of Bulloyne by whome he had two sonnes one of the whiche was marryed in Fraunce of whome the sayde Katheren de Madicis descended the other of the same sonnes deceasing in Portugall without issue and the plea exhibited on the behalfe of the sayde Kathereine de Medicis was receaued by the saide Kinge Henry in the saide assembly of the-states Also when the people of Portugal vnderstoode the right of succession of the kingdom was committed to examination and considering themselues had lawfull power right to elect choose a Kynge for and in default of a lawfull heire Masle descending directly of the Masculine line therefore they exhibited a supplycation to king Henry that his maiesty would voutchsafe to graunt them lycence to propounde and alleage thier right in that behalfe and to exhibite a plea whiche they had made thereof conteyning in substaunce and effecte as followeth To wit That the people of Portugall had made and chosen for their Kinge Alfonsus the first Kinge of Portugall sonne of Earle Henry Also that the same people had deposed from the administration and gouernement of the kingdome Kinge Sancho the seconde of that name after hee had Reigned by the space of fiue and twentye yeares and that thereupon the same people committed the administration and gouernement of the kingdome to his brother Alfonsus Earle of Bulloyne who had marryed Mawde the Countesse and after the death of Sancho they elected the same Alfonsus to be their King Further that the same people had elected made their king Iohn the first of that name the base son of King Alfonsus the fourth notwithstanding there remayned liuing two legittimate daughters of the same king Alfonsus Which King John the same people of Portugall did confirme in the royall seate mainteyned and defended him againste John Kinge of Castile also the first of that name who pretended title to the succession of the said kingdome of Portugall for and in the name of his wife eldest and legittimate daughter of the saide King Alfonsus Whereuppon there grew sharpe warre betweene the same two Kinges concerning that matter wherein the Kinge of Castile in thende was ouerthrowne in battayle aboute a certaine towne of Portugall called Algibarotta Moreouer that the same people had created their King Emanuell the first for that King Iohn the second had lefte no issue male descending of the righte Masculyne lyne Lastlye that they had made the sayde Cardinall Henry their King after the decease of Kinge Sebastian who was slayne in the battayle of Affrica leauing no lawfull issue of his body to enioy the Crowne By all these reasons the sayde people concluded that their power and righte to make the sayde election was offarre greater force and effecte then the righte and tytle of succession whereuppon the other pretenders grounded them selues and the same people added withall that by the Lawe called the mentall Lawe made by the sayde Kinge Iohn the firste of that name no woman can nor oughte to inherite anye goodes or possessions depending of the Crowne and therefore neyther myghte they who descended of the issues female as all the sayde pretenders did sauing onely the sayd Don Anthonio Vpon thunderstanding of all these matters so propounded and set down on the beehalfe of the people Kinge Henrye lykewise admitted their plea. Hereuppon whyle the states of the Kingdome of Portugall were assembled treating vppon the nomination and election aswell of those persons whiche after the death of the sayde Kinge Henrye should haue the administration and gouernement of the kingdome as also of suche as shoulde decyde and iudge the question and controuersie touchyng the succession of the crowne Thagent of Don Anthonio was informed that one Alphonsus of Alburquerque an aduocate of the Cytye of Lysbone was subcrned and wonne by some of the King of Castiles fautors and that hee had manifestlye declared his aduise and opinion to certayne greate menne of the kingdome whereby it euidentlye appeared that hee was altogether bent and enclyned to the King of Castiles parte Wherefore the same Agent propounded and put in againste the same Alfonsus a plea or byll of recusation to thintent hee shoulde haue no voyce in thelection neyther of the sayde administrators or gouernours of the kingdom nor of the Iudges that should haue the hearing and determination of the cause touching the succession of the crowne also the same Agente auoutched how hee woulde declare sufficiente causes that mooued him to
make the sayde recusation in case the sayde Alfonsus woulde not admit the same Whereat the sayde Alfonsus conceaued greate displeasure and made greeuous complaint thereof to certayne speciall men that fauoured the Kinge of Castiles parte at whose handes hee obtayned so muche fauour that they went with him to king Henry to whome they declared this matter as they thought most fit for their owne purpose alleging vnto his maiestie that Don Anthonios Agent had propounded this scruple of recusation for no other intent but onelye to hinder and diuerte thelection of the sayde Iudges for this purpose that Don Anthonio after the death of the sayde king Henry might with the more facillitye attayne to the kingdome This complaint wrought so effectually in the minde of the sayde kinge Henry that forthwith without hearing the saide Agent in his answere and defence touching the same he commaunded him to be cast into close prison where he was deteined by the space of nine daies vntill the sayde Gouernors and Iudges were ordeyned and established according to the kinges will and minde Vppon the accomplishment wherof king Henry caused the sayd Agent to be deliuered out of the prison where he remained commaūding him neuerthelesse immediatlye to repaire home to his owne house and not to returne to the Court without his Maiesties speciall licence Whereby the same king most manifestlye vttered his extreme hatred against the saide Don Anthonio beeing his owne nephewe sith before that tyme as is before alleaged in this treatise he had giuen his consent to the saide Agent yea and expresly commaunded him freelye to prosecute the cause of the sayde Don Anthonio Within a while after the kinge commaunded Don Anthonio then remayning at Colimbre to repayre to his Maiestie to Lisbone to take an oath to obey the Iudgement that should be giuen touching the righte of the Crowne by the Iudges in that behalfe appoynted Affirming that the other pretenders woulde doe the like by themselues their Ambassadors or agentes Vppon this commaundement Don Anthonio came to the king and when the said oath was offered vnto him he aunswered he was ready to take the same in case the king of Castile would doe the lyke but if hee refused it there was no reason why eyther the sayde Don Anthonio or any of the other pretenders should bee constrained thereunto Notwithstanding kinge Henry persisted and in greate rage commaunded him to take his oath in so much that in thend he did so with this protestation firste made in the presence of certaine of his friendes that hee tooke not the same oathe with a franke and free will but by compulsion and commaundement of the king The next day after Don Antonio had taken this oath king Henry caused the Popes letters pattents to be shewed vnto him wherby the same Henry was constituted to take notyce and information of the cause touching Don Anthonios legittimation and theruppon commaunded him to appointe his procurer to pleade his cause before his maiesty as iudge And that yet neuertheles within foure and twentye houres the sayde Anthonie shoulde departe againe thirtie miles from the Courte Whereunto Don Anthonio answered that the King coulde not bee Iudge in the cause for two reasons thone for that he was partie himselfe thother for that in his former actions hee had plain elye shewed a great hatred against him alleaging a fresh example thereof in that the said King Henry had lately before imprisoned his Agent for prosecuting his cause as he thought conuenient by order of lawe And that therfore he doubted he coulde not finde any other that would take vppon him to pursue and follow his busines Vppon this aunswere the king with all expedicion sendeth woorde to the sayde Agent that hee might freely come to the courte and prosecute the cause of Don Anthonio denying expresly that himselfe was partie therein and therefore signifying how his will and meaning was to proceede therein yea and that he woulde proceede against the sayde Anthonie as contumax for defaulte of answere in case he refused to pleade his cause before him to informe him therin as should be meete and conuenient Wherefore King Henry graunted vnto the sayde Agent his lybertye and commaunded him to prosecute Don Anthonios cause Now when the saide agent was returned to the Court he prayed one of the kinges confessors to be a meane to his maiestie that syth he was by the kinges commaundement vrged to take vppon him the prosecution of Don Anthonies cause he might therefore freely employ and endeuoure himselfe in the same as hee shoulde thinke to bee moste meete and conuenient for the safegarde and preseruation of his maysters righte and tytle And that his maiestie woulde neyther bee displeased nor take in euill parte if he proceeded in the same sorte that hee did when as is afore recyted in this treatyse hee soughte to remooue the sayde Alphonsus of Alburquerque as a person suspected But if hee myghte not prosecute the cause freelye as appertayned then hee besought his maiestie to voutchesafe to discharge him of that burden and to graunt him lycence to returne agayne to his owne house where he dwelt when King Henry commaunded him to bee sente for to take the charge and administration of those goodes whiche Don Anthony possessed in Portugall when he remayned in Aphrica When the Kinge was aduertised hereof his maiestie gaue in commaundement agayne to this Agent to prosecute this cause freely before him in as good and ample sorte as he should thinke moste behouefull When Don Anthonie sawe himselfe thus pressed to pleade his cause before the king that his maiestie purposed to giue sentēce against him for default of answere he commaunded his Agent to nominate the witnesses which were there at hand protesting hee had yet further proofes to produce whereuppon hauing giuen perfect instructions to his Agent Don Anthonie departed from the Court within the tyme appointed by the king Then the king commaundeth those three witnesses to bee called before him whiche were produced before thaforesaid Bishop and conseruatour of the priuileges of thorder of the knights of S. Iohn at Malta Who being come before the king persisted in their former depositiōs made before the saide conseruator to wit that they were presente when marriage was secretly celebrated betweene the saide Lodowike Jolenta The king vppon the hearing thereof vsed great threatning speeches vnto thē saying he would cause them al three to be hanged in case they would not vpō their oaths confes they were wōne by promises and otherwise by Don Anthonio or some other in his behalfe to giue thaforemencioned testimony before the conseruator And when two of those witnesses affirmed that no bodie had induced or perswaded them thereunto and that their deposition therein was according to the plaine and simple trueth the Kinge caused them to be committed to prison and the thirde witnes for feare reuoked part of his former deposition saying he was not present when the said marriage
was priuily had concluded but the truth was hee had hearde it by reporte of others by reason hee was houshold seruant to Iolentaes parents The King by reason thereof was mooued immediately to sent for all the Actes depositions of witnesses instruments exhibited on the behalfe of Don Anthonio before the said Bishop and conseruator to proue his matter togeather with the sentēce giuen thereupon al the which being brought before him he caused to bee cast into the fire would not admit any other witnesses profes which the said Agent offered yet further to produce in the same cause amongst the which were diuerse religious men of good calling who had bin confessors to the saide Lodowike besides diuers other witnesses of good credite estimamation Howbeit the king contemning and reiecting all the same contrary to all order of law gaue sentence whereby he pronounced the former sentence before giuen by the said bishop and conseruator to be void of no force or effect And thereuppon gaue order to the high marshal of the kingdom called Edward de Castle branco whom since the Kinge of Castile hath made one of the chiefe Treasorers of the kingdom that he should binde and bring Don Anthonio to the Courte as Captiue prisoner and commaunded that the two witnesses which remained prisoners should be bannished but contrariwise greatly rewarded him that had altered his deposition graūting vnto him a crossado of the knights of thorder of Saint Iames withall the rent and reuenues thereunto appertayning but Don Anthonio beeing in due time aduertised of all these things remooued immediately from the Cytie of Colymbre so that the marshall came thither in vaine so retourned to Lisbone Assoone as the said sentence was giuen Don Anthonies Agent sent a supplycation to the byshoppe of Rome complayning of the great iniustice done to Don Anthonio by the king beseeching the said bishop to voutchsafe his ayde to Don Anthonio by remedy of lawe againste that sentence so wickedly giuen and also to inhibite the Kinge that by force of the same hee shoulde proceede no further nor execute any thing against the sayd Don Anthonie Vpon the exhibiting of this supplication the Pope with all expedicion caused his letters pattents to bee dispatched whereby hee declared the sayde sentence of Kinge Henry to be altogether voyde and of no force most specially for that he had rashly proceeded to to sentence diffinitiue withoute commission or authoritie forasmuch as the former letters by vertue whereof he proceeded against the sayde Don Anthonio conteyned no other matter sauing onely that hee might heare and examine all the witnesses and receaue therewithall all instrumentes and suche like thinges whereby Don Anthonio ment to prooue his cause and that vpon the hearing of the witnesses and the cause duly pleaded all the actes instruments and proofes should be sent to the sayde Bishop of Roome that hee mighte Iudge and determine of the same as hee shoulde thinke to bee most conuenient Expresly commaunding the sayde Kinge Henry to proceede no further nor attempt any thing against Don Anthonies person by vertu of the said sentence giuen against him by the same kinge Henrye but to sende vnto the Pope all thactes instruments and proofes produced before king Henry on the beehalfe of Don Anthonio to thintent the cause mighte bee decided and Iudged by the Pope himselfe or such Iudges as he should appoint When these letters were by the Popes legate denounced to king Henry immediately theruppon the same kinge commanded Don Anthonies Agent within ten dayes vpon payne of death to departe out of his kingdome bycause the king vnderstoode the Popes letters were obtained through his industrie and and diligence by reason whereof the same Agent vppon this commaundemente departed presentlye from Lysbone to a monasterie of Castile adioyning to the borders of the kingdome of Portugall Nowe when king Henry by reason of the Popes inhibition could proceed no further nor attempt any thing against Don Anthony by vertue of the said sentence he determined to take another course for thexecution of his rancour against him Wherupon vnder pretence and coloure that Don Anthony had come within six miles of his Court contrary to his commaundement hee commaunded him likewise uppon paine of death to depart oute of his kingdome within fifteene dayes declaring and decreeing with all that by the same occasion he had forfaited all his right whiche he pretended to the kingdome commaunding moreouer that none of Don Anthonies seruants vpon paine of death should attend serue their maister in that extremitie This most hard and rigorous sentence he presently caused to be signified to Don Anthonio then being at the saide towne of Colimbre whereof when the Burgesses of the towne and chiefelye the schollers of thuniuersitie there amongst whome remained many of the nobilitye were aduertised there arose such trouble that they put them selues in armes crying euery where in the towne howe King Henry doting with age and mooued with hatred against Don Anthonie would deliuer the kingdome of Portugall into thandes of the Kinge of Castile and for the same occasion had giuen this rigorouse sentence against him Wherefore they would not suffer him in this manner to bee expelled out of the kingdome Offering themselues to bee his valiaunt and faithfull defenders herein and ready to spende their lyues and goodes for his safetye Neuerthelesse Don Anthonio not mynding to stirre vppe anye tumulte in the Realme for his cause gaue greate thankes to the multitude for their readye good will and affection towarde him desiring them to pacifie and content themselues For hee was wholy determined to obey the kinges commaundement in hope that when his Maiestye had better weighed the matter hee woulde at the last reuoke the same sentence whereuppon hauing by this meane pacified the tumulte and dismissed thassemblye hee departed towarde the kingdome of Castile and wente to the same place whither his Agent within a fewe dayes beefore was gone whiche was a monasterie of Franciscan Fryers distant one myle from the towne of Valentia of Alcantara When the king of Castile vnderstoode of Don Anthonioes bannishment out of Portugall hee sent letters forthwith to all Gouernours Maiors and other highe officers of his townes Castles Borowghes and Villages bordering towarde Portugall to shewe vnto him in case he resorted thither all manner of courtesie and honorable entertainmente but yet neuerthelesse to take heede and haue speciall regarde that he retourned no more into Portugall Thereuppon the saide Agent vppon aduertisemente to him thereof giuen required a specyall friende of his then remayning in Portugall neere the confines of Castile to spye oute in those quarters some secrete place farre from the common passages where Don Anthonie might saelye remayne for a certaine space In the meane while when thagent vnderstoode what daye Don Anthonie woulde come to the monasterie hee caused a notarie of the saide towne of Valentia to come thither the very same day by whome assoone