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cause_n	great_a	king_n	law_n	4,029	5	4.5431	4	true

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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

nature gave to the Queen an excessive trouble The Count D' Odemira was sensibly touched knowing that they ordinarily impute the faults of Princes to their Governours as it happened to Don John Alphonso D' Albuquerque who was charged with the cruel Actions of Don Pedro King of Castile The Count resolved then to withdraw the King at what price soever he did it from this shameful conversation Having one day found in the Court of Lion the King environ'd by Conti and all that Gang he chased them away he forbad entrance to Conti with menaces to chastise him if ever he durst return thither again The King more troubled than Conti at this Prohibition and Menace retired himself into his Appartment with excessive trouble Some of those who were about him had no sooner known that he was discontented with his Governour and that he had an Affection for Conti but they let him understand that to subject his own Inclinations to the Sentiments of another was to consent to the ruine of his Authority This had such power on the mind of the King that after this he rejected whatever advice they would give him he grew obstinate even to rage that he would learn no Lesson nor eat nor drink till they had brought back Conti to him so that they were obliged to bring him to him In the Court of Lyon they oftentimes for his diversion had Dog-fighting which Combats were at first private but at last they became publick These Mastiffs were kept in the great Court of the Palace where being all sorts of Dogs and unty'd they very often fell upon those they found in their way The diversion of Bough-fighting was brought also from the Court of the Chappel to the same place and at last became so common in the Suburbs that what was formerly the sport only of little children became in a short space to be a bloody Combat In all these Diversions those wherein the most Blood was shed pleased the Kingmost These Disorders being come to that excess his Governour thought that it was best for him to find out diversions conformable to his humour but that they might not be so publick so that if any thing should happen that might be any blemish it might be the less taken notice of They resolved then to teach him the use of Weapons and they gave him for his Master therein Diego Gomes de Figueredo but they found it impossible to make him follow any Method for he would not learn to do any thing skilfully as he should do but was all for downright blows This exercise handsom and innocent enough became however very deadly and criminal through the ill use that he made of it That they might cause an emulation in the King they permitted to enter the Palace certain young men who under pretext of making a flourish in his presence brought with them all sorts of Weapons every one having a design to let him see his force and skill But in these exercises there happened almost every day one or other ill accident especially when they darted certain Knives purposely made which many times slipping from their hands wounded some or other in the throng of Spectators John ●e Conti was in all these Exercises and though his skill was not very great he was still recompensed by the King so that he became his Favourite insomuch that whatever violences he committed in the Palace were suffered unpunished This Example was the cause that those Crimes from which they had abstained before for fear of Justice were now committed with Assurance so that the King hereby drew upon himself the ill-will of all the People not only by his own Actions but also by those of others They had lodged the Infante Don Pedro in the Queens Apartment that his Union with the King might thereby become the more strong and easy to be compassed and therefore they had given to them both one Tutor that they might likewise learn together But this did no good to the King and was a notable prejudice to the Infante for when they should have followed their Books the King would disturb them and often interrupt his Tutor in reciting his shameful Divertisements The King and the Infante had oftentimes differences between them which being grounded but on slight matters quickly ceased However the malice of his Favourites fomented these petty misunderstandings in such sort that the King put himself to oppose the Infante on every occasion It was at this time that the Favour of Conti with the King who was now sixteen began to spread abroad certain Courtiers perswading themselves that he had perfectly established himself in the Heart of the Prince for that he had wholly destroy'd his Governour they grew so shameless as to make him the object of their respects After which he had the boldness to vaunt himself to be descended from a Branch of Vintimiglia an Illustrious Family in the Realm of Sicily and this was maintained by the testimony of some Flatterers For the most part the persons that came near the King were debauch'd in their speeches and it was no wonder to hear him speak dishonest words even before the Ladies Some of his Councellors offended thereat advis'd the Queen that he might be removed into the new Apartment called the Fort where those Persons who Corrupted his Manners should not have so much liberty to come To this end the Queen ordered he should be served there by Don John de Silva Marquess de Govea grand Master of the House Garcia de Mello grand Chamberlain the Count de Padro Master of the Horse Don John de Almeida Master of the Wardrobe and by Lewis de Mello Captain of his Guards The Count de Padro being gone to Command the Army in his absence the Charge of first Gentleman of his Chamber and that of Master of the Horse were given to Don Diego de Lima Vicount de Villanova de Cerveira they gave also the Charge of Chief Gentleman of the Chamber to Lewis de Vasconcelos and Sousa Count de Castlemelhor All these Officers were to serve Weekly and to lie in the Palace and to the end that some of them might always be about the King those before mentioned were to be Relieved in the Day-time by Don Vasco Mascarenhas Count of Obidos Nuno de Mendosa Count de Valdereis Lewis de Silva Tello Count de Aveiras and Francisco de Sonsa Coutinho Councellor of State All these Lords having Keys to enter in at all times when they pleased The Queen ordered this Project to be kept secret and that they should keep open the Door which gave way for a Communication between her Apartment and that of the King 's But he soon frustrated all these Designs The Count de Odemira his Governour having told him That the quarter through which he should go out was made up He answered him briskly that he would then go thorow the Hall of the Almane Guards The Count having told him that there was a great

King that it was necessary whereupon it follow'd that the Confessor of these two Princes went to the Infante and told him as from the King that although God might give him Children yet it was most profitable to increase as much as was possible the Royal Family that for this reason he would act with him as a Father and as a King and desired ardently therefore to see him married That if he had not hitherto been able to accomplish that desire he believed that from his prudence and his inclination to the good of the Kingdom this proposition would be very agreeable to him that therefore he should inform himself of the Princesses of Europe and fix his choice upon her for whom he found the greatest inclination and also that he should cast his eyes upon those persons which he should judg most capable of that Negotiation and as for his part that all which depended upon him to advance the Conclusion of such a Treaty should be perform'd The Infante having consider'd this Affair according to the importance of it sent his answer in writing by the same Confessor to the King in which he thank'd him for the proposition his Goodness had made unto him submitting himself intirely to his will to follow the order which his Majesty had thereupon made known to him he should declare his mind not as a Rule that he should follow but only as a mark of that Obedience which he would testifie on all occasions He then made mention of all the Princesses of Europe representing to him all the circumstances both of Alliance and Love telling him also that the Confidence and Veneration which had united his Majesty with the King and Queen of England required that first of all he should send to their Majesties some person to ask their Advice and Consent thereupon and having received all necessary instructions he should pass into France or Italy to negotiate that Affair adding since his Majesty among the cares of his publick Affairs would be pleased to think of his own particular he was obliged to let him know it was impossible after a proposition of that nature but he would appoint him some Revenues whereby he might be able to maintain the Expences which that condition would charge him with hoping his Majesty without prejudicing the Publick which ought to be preferr'd to all things would act with him according to his ordinary Generosity which he had made proof of so often In the end proposing John de Roxas d' Azevedo his Secretary as a person who was most capable of managing that affair the King approved of all these sentiments of the Infante giving him hope that he would satisfy all his desires But the day being appointed for his Majesty's Secretary and that of the Infante to confer about this business there hapned in the mean time accidents which hindred this Conference and embroiled all the Court. A French-man an Officer of the Queens returning from the Province of Alemtejo was killed by a Carrier who was pursued and taken in the City of Canimbre and carried to the Limoriro in Lisbon but being he was taken out of a Church which are Sanctuaries in Portugal for all Criminals it was for a while disputed whether it should be a Sanctuary for his life which was the occasion that his Process was delayed and the solitude of the place where the Murther was committed rendred the proofs difficult At the same time there hapned between the Count de St. Croix grand Master of the Queen's House and Pedro d' Almeyda her Secretary a difference about their Charges both of them wrot their Reasons and put them into the hands of the Queen who ordered the Secretary of State to have them examined by two Masters of Requests but he waving that order after he had shewed them to all the Parliament carried them to the Council of State without rendring any account of it to her Some time after the Queen ask'd the Secretary what was done in those two Affairs he replied that as to the first there must be some clearer proof before the accused could be condemned and to the other it was before the Council of State advising her to speak with the Count de Castlemelhor about it The Queen surprized with this answer told him he had not executed her Orders and that she did not approve of his councel to speak to the Count de Castle-melhor having made a resolution by Oath never in her life to speak to him about any Affair That he was always against her and had reduc'd her to so miserable a condition that it might be called poverty that for this eight months past she had not so much as to give an Alms and notwithstanding all this he had the credit of acting for her Interests That they had not consign'd to her the fifty thousand Livres which the King had granted her That besides being she was not willing by reason of the necessity of the Realm to require presently all those things which she might lay claim to by the Contract of Marriage they ought not at least to fail of paying her that Sum. That this Refusal would not so sensibly move her if it were done for the good of the State and the ease of the People it not being just that whilst many persons at the Court overflowed with Riches they should refuse her the Money of that Consignation and yet they paid not the Souldiers retaining unjustly from the Religious the Orphans the Widows and the Nobles their dues feoadal Rents and Pensions hiding from her all that passed in the State as if she had not the most interest next the King adding further that they could not but know very well she should have had joy in the Re-establishment of the Duke of Cadaval at the Court since they had seen her solicit it but they acted in secret so that her speaking in the favour of any although it were with the greatest Justice in the World was sufficient cause to beget obstacles and oppositions against them That if she testified a desire to any thing they made it presently seem a thing impossible to be obtained though before that it had been very easy that likewise it seem'd as if they endeavoured to let all the World know she had no part in the Government That although good manners should teach them otherwise they had neither respect or regard as they ought to have for her and that it was so far from being so that some persons were so forgetful of themselves as not to forbear the giving her affronts and treating her with so much contempt as she could not but think by their actions they would have her to understand she came to Portugal rather to be their Slave than Queen The Secretary to excuse his boldness for shewing the Consultation to the Grand Chamber and carrying it to the Council of State urged that the Count of Castlemelhor and his Friends had no other design than to serve

Affair with all the Favour the Sacred Canons would permit we have received from you a Letter wherein you very much acknowledg this Pontifical Grace This Testimony which we receive from you gives us a very great Satisfaction nevertheless this Favour for which you thank us with as much piety as affection according as the importance of the thing deserves we do demand of you with Justice that as you do chiefly owe it to the Goodness of the Holy See you would acknowledg that it is from her that you have received it which if you testifie as in truth you ought to do it is by having always more and more care and affection for those things which respect the Holy See and the Catholick Religion imitating in that the ancient Devotion of the Princes of Portugal who made it their Glory to obey the same See For if heretofore it hath been necessary in your State to endeavour the re-establishment of the things which concern the Church and Divine Worship and to reduce them to their Primitive Splendor at this present there is more reason through the want of the Pastors and the length of the War to do the same thing But we hope all these Mischiefs will be soon repaired by your Zeal and by your Prudence in joyning your Cares to ours as well in the choice of the Bishops as for all other things As to that of your Embassador of Obedience which you propose to us when he shall arrive we shall willingly receive him and yield him all the Honours that are justly due to him In the mean time our most beloved Son we do give you with the most sincere Affection that we are capable of our Apostolick Benediction From Rome near Saint Peters under the Seal of the Fisher 2 April 1669. the Second Year of our Popedom R. Florentin As they had search'd for a Retreat for the King Alphonso where he might live in some sort at liberty without troubling the Repose of the Realm they made him many Propositions but it was a long time before he would resolve not knowing what place to choose till at last he pitch'd upon the Isle of Tercera which was very easily granted him for that he might there find all Conveniencies and all sort of Divertisements according to his humour He departed then being accompanied with all the Magnificence that was requisite on such an occasion and of which the present Condition of the Realm was capable The Count de Prado with the Royal Navy carried him into that Island where he remains to this day The Dispensation granted by the Cardinal de Vendosm Legat à Latere for Clement the 9th in France For the Marriage of the Prince Don Pedro of Portugal with the Princess Maria Frances Isabella of Savoy LEwis Cardinal-Deacon of St. Mary in Porticu named of Vendosme Legat à Latere of his Holiness Clement by the Providence of God Pope the Ninth of that Name and of the Holy Sea Apostolique with Lewis the most Serene and most Christian King of France and Navar in all his Realms Provinces Seignories Cities and Lands and in all places dependant on him or that are adjacent thereunto and in all other places whither we shall go To our Well-beloved in Jesus Christ the Official or the Vicars Generals of the Church of Lisbon Deputies of its Chapter during the vacancy of the Archiepiscopal Sea and to every one of you in particular Eternal Health in our Lord. Having received a Request which hath been presented to us on the part of the most Serene Prince Don Pedro Infante of Portugal Regent of the Realm and of the most Serene Princess Mary Frances Isabella of Savoy by which they have shewn us that it being necessary for the Publique Good of the Realm of Portugal and the satisfaction of all the People who passionately desire it also that the said most Serene Prince and Princess should marry together and that doubting they may not be able to do it without an Apostolique Dispensation because the said Princess hath been before Contracted in Marriage with the most Serene and Puissant Prince Alphonso King of Portugal Brother to the said most Serene Prince Don Pedro and that it was Solemnized in the Face of the Church but that it never had at any time been consummated because of the Inability of the said King for which cause it had been declared Nul by course of Law from which Marriage lest there might arise some Impediment to this because of the publick Honesty they have humbly supplicated us to provide for it according to our Benignity And as we are furnish'd sufficiently with Power to do what is desired by the Letters of the Holy See which we are not obliged to insert here and that we are able by vertue of the Apostolick Legation committed to us to provide for the Necessities of all those who shall address themselves to us from what part soever they shall come or where soever they shall dwell or from what place soever they shall send being willing to give them all the Marks of our Favour and Benignity and particularly to those who are of Royal Blood we do absolve them and hold them both and each of them apart absolved from all Excommunications Suspensions Interdicts and other Sentences Ecclesiastick Censures pains of Law either Divine or Humane which they may have incurred for any Occasion or Cause whatsoever if so be they may have incurr'd them and not having a certain knowledge of that which is above-said being willing nevertheless to satisfie their Supplications by vertue of the Apostolique Authority which we have here we commit to your discretion of which we have in our Lord a particular confidence in this Point And we ordain you by these Presents That without hope of any Present or Salary though it should be given you freely from which we do enjoyn you wholly to abstain you do inform your selves exactly of all that is above affirmed and if by that Information you find that these Requests are founded upon the Truth with which we charge your Consciences provided that they be not forced thereto that you dispence with them by the same Authority for the Impediment of Publique Honesty in such sort that they may be publickly married according to the Form of the Council of Trent Solemnly make it in the Face of the Church and that it may stay be and continue thenceforth Free and Legitimate notwithstanding the said Impediment and all Apostolique Constitutions of Councils General Provincial or Synodical or any other thing whatsoever Declaring and pronouncing those Legitimate Children that shall therein be born And we will and intend if that despising this Admonition you shall have the boldness to take any Salary Present or Recompence for or concernining this matter although the same should be offer'd you that you incur the pains of Excommunication from which you shall not be absolved but by the Pope or by us or by some other who have a

he was Incapable of holding the Reins being Married to so fair and virtuous a Princess he was not Capable of giving them Successors to the Crown as he had evidently himself acknowledged by his own Declaration and by that of the Queens And seeing him fit neither for the one or the other and by Consequence it was necessary very suddenly to give a Remedy to these Evils They had permitted it giving way by the means of this Detention to make the Proofs as to the preparation of the Process upon the Nullity of his Marriage which else could not have been done 5. If the Queen at that time and in that condition had been able to have had Recourse to the holy See to have judged of the Nullity of her Marriage she had undoubtedly done it she having at divers times declared the same thing And doth yet declare it that it was her Intention as much for the grand Importance of the Business as for the great Respect and infinite Reverence which she always hath had for the holy See And also because she is fully perswaded of the Equity and Justice of one of the best and most worthy Popes who hath ever sat in the Chair of St. Peter but not then being able to do it to her great Regret not having so easily Recourse thither for those Causes which all the World knows of and which have made all the Realm of Portugal to Groan for the space of Thirty Years continually without having the power to be able to cast themselves at the Feet of the Popes nor to be heard in their greatest Spiritual Necessities the Peace with Spain not being as yet finished from whence all these Obstacles came Her Majesty was obliged to have Recourse to the Ordinary and to the nearest Judge which was the Chapter of Lisbon when the Episcopal See was vacant 6. That in the choice of the Judges which were Eleven in Number the Chapter had had all the Liberty and all the Regard possible to name for that Business the most considerable of that Illustrious Body as well for their Quality and their Learning as their Virtue and their Honesty 7. That in the Judgment which lasted more than Four Months there was observed all the necessary Forms even as if it had been done for Persons of ordinary or the meanest Condition 8. That as to the Proofs in Law upon which they had declared the King Incapable and his Marriage Nul they were so strong and evidently manifest and so very certain that the Judges after they had a long time and most maturely Examined all declared in their Sentence that they were not only sufficient but more than enough and there was no need either of Inspection nor of the Experience of Three Years 9. Then when it was made known to the King the Sentence that the Eleven Judges had pronounced as abovesaid before all the Chapter of Lisbon upon the Nullity of the Marriage and one of the Judges to wit the Grand Vicar signified it to him by the Secretary of the Relation being Interrogaeed whether he would Acquiess therein or whether he would Appeal He Answered of his own good will that he was willing to Acquiess and that he would not Appeal and his Majesty signed the same Declaration This is in truth and in few words what hath passed about the Nullity of the first Marriage of the Queen so that there only remains the Third Consideration to be Examined which is concerning the manner in which she hath made the Second with the most Serene Prince Don Pedro which we shall clearly shew in few words in these following Articles 1. The Queen having received the Sentence of the nullity of her Marriage and seeing her self free she thought of nothing but of returning into France and for that end she would take the Opportunity of the Fleet which the most Christian King had sent into Portugal to carry back his Troops Therefore she quickly let the Three States know her Resolution praying them very earnestly to Approve of it and to Order it so that she might carry back with her the Portion she brought that she returning for France might have wherewithal to maintain her according to her Quality But the States who had so highly Approved of her Retreat and witnessed infinite Joy for the Sentence of the Nullity of the Marriage did strongly oppose themselves to the Resolution which she had taken of going away and came all of them in a Body to the Covent to Supplicate her with Tears in their Eyes not to abandon the Realm And having already found some ease by her Declaration that she would once more yield to their Wishes in consenting to the Marriage which they would propose to her with their Prince and the rather because they were neither able nor willing to return her Portion To which the Queen having Answered what her Modesty and the Quality of her Birth would permit her on that Occasion without engaging her self or denying it They went at the same instant in a Body to the Prince to entreat him to save the Realm by Espousing the Queen protesting to him that they would never suffer him as they said to think on any other Marriage The Prince who ever had a particular Esteem for the Queen because of her rare qualities and ever since they had designed to have espoused her to him formerly when they designed to have married the King Alphonso to Mademoiselle de Nemours at this time the Dutchess Royal of Savoy did receive this Petition of the States with very great satisfaction saying That he most willingly consented to to it provided they could bring it about that the Queen would consent to it likewise Being returned for this end to her Majesty they supplicated her divers times that she would give her consent thereto so that in the end being vanquished by the powerful Reasons which they alledged concerning the necessity of the State and by those Motives which they urged to make this Marriage speedily she gave them the Liberty to do that which they should think most convenient for the Publick Good So that this Marriage was solemnly concluded and all things disposed to consummate it very soon to prevent and dissipate the practices which some of the Enemies of the publick Repose were making with the Ministers of Spain to hinder it and to conclude another with the Princess of Austria and the same Prince by which they would make him hope for great advantages to make him consent 2. The principal Divines and Doctors of the University of Portugal as well Regulars as Seculars having consulted upon the necessity of a Dispensation for the first degree of publick Honesty to effect this Marriage they were all of the same Opinion and of the same Sentiment saying unanimously that there was no need of having it in the Case in Question and they made divers Writings thereupon There was also more than thirty who signed a Treatise which was expresly made by one