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 â—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
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
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
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
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