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
therewith commanded the kings last will and testament to be opened in the presence of thambassadors of the king of Castile the dukes of Sauoy and Bargantia and of the Prince of Parma whereby it was found how King Henry had ordeined that the Iudges appointed to determine the matter touching the succession of the kingdom should proceede no further nor decree any thing therein vntil the cause concerning Don Anthonyes legittimation were decided by the Iudges therfore authorised by the Bishop of Rome which sufficiently proueth all the rigorous dealing of king Henry against Don Anthonie to haue proceeded rather through diffidence or for feare of the king of Castile then otherwise of any reason grounded vpon right and iustice Vpon the sight of this testament the gouernours declared to thambassadours of thother pretenders howe they could not nowe determine any thing touching the succession of the kingdome except the cause of Don Anthonies legittimation were first decided Wherefore they sent worde to Don Anthonio to prosecute the cause touching his legitimation before the Iudges thereunto authorised namely the Popes nuncye then being in Portugall and tharchbishop of Lisbone In the meane space the king of Castile hauing since the death of king Sebastian by little and litle gathered a mightie armie together vnder pretence of attempting some enterprise against Aphrica not minding to stay for iudgement in the matter of Don Anthonies legitimatiō nor in the cause of the successiō of the crowne commaunded all his men to ioyne together vnder the Duke of Alua captaine generall ouer the same armie about the towne of Badaioz in the kingdome of Castile bordering vpon the limittes of Portugall Vpon notice whereof the gouernours and Iudges authorised to decyde the cause of the succession of the kingdome sent certaine deputyes to the Kinge of Castile praying him to voutchsafe to leaue the waye of armes and take the course of iustice sith there were Iudges ordeyned to heare and examine the cause and to Iudge determine the same according to right and equity To whose Iudgement thother pretenders were readye to stande Informinge hym withall that by proceedinge to obtayne the kingdome by force of Armes hee stoode in daunger to loose all his righte and tytle thereto by meanes of a decree made for that cause by Kinge Henry whereby it was ordeyned and prouided that euerye of the pretenders goeing aboute by force of Armes to gette the kingdome and refusinge to stande to the iudgement of the Iudges aucthorised to decide the cause should thereby lose and forfaite all his righte and tytle which hee had or might pretend to the kingdome Howbeit the King of Castile who as is afore mencioned had long before hand declared how hee woulde not submitte his right to anye mannes iudgement trusting vppon his owne power and thendeuour of the sayde gouernours and other noble men whom hee had wonne to his side by giftes and fayre promises without anye regarde of that information commaunded the Duke of Alua with his army which hee had in a readinesse to proceede and inuade the kingdome of Portugall by force Vppon notice whereof the gouernors foorthwith departed from Almerin to Setuball fifteene myles from Santaren fearinge leaste the people of Portugall vppon knowledge of the Duke of Aluaes comming to inuade the realme woulde first fall vppon them and then proclaime Don Anthonio King Within a short space after the departure of the gouernors from Almerin newes came to Santaren howe the Duke of Alua had taken two townes in Portugall bordering vppon Castile to wit Eluas and campo maior Whereat the Citizens of Santaren being greatly mooued first toke counsell together for the fortifying of their towne against the violence of thennimy and therefore went in all solemnity with the clergy and nobillity to suruey and vewe the walles giue order for the beginning of the worke After that they resorted all together in great multitude to Don Anthonyo then remayning in a monastery not far from thence where ill with one voice salute call him king leading him from thence to the principall church and then to the townhowse instantly rerequiring him to accept the royall name and dignitie and to bind them to him by oath Howbeit Don Anthonio contrariwise aleged vnto them how the cause touching the succession of the Crowne was in controuersie betweene him and other Princes pretending tytle thereto wherefore he would not accept the royall name but rather expect the determination of the Iudges therfore authorised But if they would vse him as their defender he was ready to spend his life and goodes for them and the common liberty of the countrey Whereunto the Citizens of Santaren aunswered againe howe their resolution was to make him King sith the people of Portugall as is before expressed might lawfully doe it for defaulte of heyres masles in the right line Which they were the more desirous to accomplish for that the king of Castile in contempt of all other Iudgmēt would be his own iudge went about to possesse the kingdō by violence force of armes Therupon whē Don Anthonio could no longer resist he was sworne King by the three members of the same place namely the Clergie the nobillitie and the common people with erection of the Kinges standarde and all other solemnities according to the auncient custome of the countrey beinge conducted from thence with the saide standarde to a Chappell of great deuotion called Sancto Milagre and other accustomed places and last of al to the royal Pallace Of all which things publique acts were made subscribed by the said three members and therupon registred in the townhowse of the same city Vpon thaccomplishment wherof Don Anthonio protested openly in the presence of the same three members and many others that he accepted the royal name more by force then of his owne accorde and that therfore he determined to lay downe the same and expect the Iudgement of the Iudges in case the King of Castile would call backe his army which he had alredy sent into Portugal submit his cause to the iudgment of the iudges authorised as aforesaide of which protestation hee caused a publique act to bee made and enrolled the same amongest the recordes of Santaren Within three daies after Don Anthonio went to Lisbone where within a mile from the city he was mette by the ordinary garisons of the realme with their Captaines and many of the cheefe of the nobilitie amongst whom were Peter Dor a French gentleman agent for the most excellent Princesse the french queenemother M. Edward Perin eche of them with a goodly cōpany of strangers When he came to the gate of the citie there stayed for him the religious men of the three orders of the Fryers minors who receiued his maiestie with great deuotion and reuerence and in forme of procession marched before him singing Te Deum laudamus c. In this sort the king was first brought to the Cathedrall Church and in all
from the yoke bondage of the Castilians whose garrisons there exceede not the number of three thousand men but also to inuade Castile in reuenge of the said iniuries whereinto there is long wide accesse and entry out of Portugall without any strong place to hinder free passage into the said kingdom of Castile Moreouer the hatred of the Portugalles against the Castilians is growne so far that they which before were addicted to the said King of Castile and corrupted with money promises to deliuer their natiue country into his handes do nowe secretly fauour King Don Anthonio auouching how they will rather yeilde their liues goodes to his maiesties mercye then liue any longer vnder the tyranny of the King of Castile Who hath them in no estimation neither will perform what he promised when he solicited them to be authors to procure him the kingdome Although all men know how smalle accompte the king of Castile maketh to fulfill his promises to suche men as he hath vsed in like kind of affaires most specially when he hath no more neede of them yet it shalbe worth the noting in this place how hee hath dealt with them that were the principall authors to bring his matters so easilye to passe in Portugall These men when King Don Anthonio was ouercom discomfited the King of Castile in peace able possession of the Kingdome of Portugall of the realmes lands countreis depending therof sauing onely the said Islands of Assores which held a good while as is afore recited for king Anthony exhibited a supplication to the saide King of Castile declaring at large their seruices done in his behalfe for thobteining of the said Kingdome of Portugall beseeching his maiestie to voutchsafe the performance of those promises which his ambassadors the Duke of Ossuna and Christofer de Mora had made vnto them on his behalfe exhibiting writings withall to prooue the saide ambassadors promises Wherunto the King commaunded answere to be giuen that this supplycation with thambassadors writing should be sent to his counsell called in the Portugall language Mesa da conscientia Wherupon followed a decree touching that matter of the tenor or effect ensuing Forasmuch as the king of Castile is true inheritor of the kingdom of Portugal it was not lawfull for the suppliants to sel the same for gifts nor promises but rather they had incurred the penalty of death for thâ—s of their own accord without these promises they deliuered not the kingdom to the said king of Castile But if the kingdom perteyned to Don Anthonio then they could not sell it to king Phillip wherfore the king was no way bound to performe the promises which thambassadors made to the suppliants but of his benignity and clemencye hee absolueth the supplyants from the capitall punishment whereunto for this cause they had endaungered them selues A notable reward surely yea that such a one as commonlye all traytors receaue as the King of Castile accustometh to bestow vpon all them that doe him seruice in like affaires Which may serue for an example to all men that for giftes or promises they attempt nothing against their dutie nor consciences For God is a iust iudge that neuer leaueth wickednes vnpunished nor well doeing vnrecompenced Syth therefore it manifestly appeareth by the premisses that the fayd King Don Anthonio hath a rightfull most iust cause it is to be wished that al christian princes or the more part of them would of their owne accordes offer them selues to aide succour him to recouer his Kingdom whereof he is so vniustlye and tyrannouslye spoyled by the king of Castile as it also appertayneth to all princes to helpe them that be afflicted and oppressed by tyranny Whereunto truly they ought to be the more forwarde and mooued for that it seemeth the onely waye and meane to deliuer themselues and their posteritye from the tyrannye of the Spanyardes whiche otherwise in the ende they shall hardelye auoyde as more particulerlye hath beene declared in this treatise FINIS
the same by their last willes and testamentes for the discharge of their consciences notwithstanding that it was alwaies kept verye secret through the endeuour of the said Lodowike aswel in respect of thine quallitye of the persons as also for that the publishinge thereof was not materiall at that time for that Don Anthonio was brought vp to be a Priest and Churchman and for that also there were then many other heyres of the kingdom that were nearer to the Crowne then he When Don Anthonio had receaued the same aduertisement he opened the matter to King Henry his vncle and besought him to voutchsafe the examitation thereof and to graunte that hee might produce certaine witnesses and poofes whereby the truth of the matter myght bee founde oute and manifestlye knowne for the auoydinge of all controuersies and warres which otherwise were lyke to arise betweene them who after the death of the sayde Kinge Henry myghte pretende Tytle to the kingdome For sithe hee was the onelye sonne of the sayde Lodowike seconde sonne of the sayde Kinge Emanuell if his byrth bee prooued to bee legittimate hee necessarilye excluded and barred all others that by tytle of consanguinitye myghte aspyre or pretende tytle to the succession of the kingdome notwithstanding there were anye of the children liuing who were beegotten of the daughter of the sayde Kynge Emanuell which was elder then the sayde Lodowike her brother forasmuche as the kingdome of Portugall falleth not by succession to the woman nor anye other descending of her When Kynge Henrye had vnderstandinge thereof beeing a verye olde manne as afore is aleaged and fearing least himselfe shoulde in case Don Anthonio were proued to bee borne in lawfull marriage bee depriued of his kingdome he conceaued so greate indignation thereat that immediatlye hee bannished Don Anthonio Thirtye myles from his courte with expresse commaundemente that hee shoulde not presume to retourne thither vntill his Maiestye shoulde take further order in that behalfe Thereuppon Don Anthonio yeilding his obedience to the same commaundemente made his repayre to the Cytie of Columbria being foure and thyrtie myles from Lysbone where at that tyme Kinge Henry kepte his Courte But yet neuerthelesse the sayd Don Anthonio lefte at Lisbone the sayde auntient seruaunte of his fathers from whome hee had receaued the sayde aduertisemente who at the same tyme was in the seruice of the sayde Kinge Henry and verye farre in his fauoure To this man the sayd Don Anthonio at his departing from Lisbone gaue a speciall charge to sollycite his cause to the Kinge in his absence with all endeuoure and diligence The which the same Minister promised with all fidelitye to accomplishe and made humble petition to Kinge Henry that with his good fauour and lycence hee might prosecute the affayres of the sayde Don Anthonio Whiche the Kinge not onelye graunted but also expressely commaunded him so to doe When the said Agent had receaued this aunswere of the King he required Emanuell Bishop of Almada then conseruator of the priuileges of the order of the Knights of saint Iohn at Thisle of Malta competent Iudge of the sayde Don Anthonio as prior of Crato of the same order To receaue and heare the depositions of witnesses and certain documents and instruments wherby the said Don Anthonio intended to verifie and proue himself to be issued of a lawfull marriage praying the sayd Bishop neuerthelesse to keepe the matter very secrete least the King by vnderstanding the same shoulde conceaue some newe displeasure Whereuppon the sayde Byshoppe proceeded in the examination of the cause Before whome were produced three witnesses who perfectlye with lawfull circumstaunces deposed that they were present at the celebration of Marriage betweene the sayde Lodowike and Iolenta parentes of the sayd Don Anthonio Also there was broughte and produced beefore the sayde conseruatour the Testament of one Rui Celema who while hee liued was knowne to bee a verye honest credible man of approued integritie and was seruaunte to Don Anthonios Father and in good estimation not only with him but also with King Henry This Rui Celema by his testament had declared that he alwaies vnderstood certaynelye knewe that the sayde Lodowike Father of Don Anthonio was secretlye marryed to Jolenta setting downe therewithall diuerse reasons whiche sufficyentlye prooue the same and bycause hee was at poynte of death and for that in tyme to comeit myghte bee expediente and beehouefull to the common wealth of the kingdome of Portugall to knowe that Don Anthonio was issued of a lawfull marryage therefore and for the discharge of his conscience hee had made true declaration thereof in his sayde Testamente There was also exhibited before the sayde Byshop the Testament of the sayd Lodowike wherby he ordeined and appointed the said Don Anthonio his son his only heire not only in al his goods Patrimoniall but also in certaine patronall rightes of greate im-Portance which were lefte vnto the saide Lodowike by the testament of his brother Ferdinando and his wife who as is aforesaide dyed without children Further there were produced before the sayde Bishop other witnesses of good calling and credite who deposed that King John the third of that name immediatlye after the death of the sayd Lodowike his brother gaue vnto Don Anthonio the signet and Armes of his father commaunding him to vse the same frankly and freely without barre or breach in as ample manner as his sayd father had the vse thereof as the sayd Don Anthonio hath alwayes since accordingly done Vppon the proofe of all these thinges the sayd Bishop taking vnto himselfe certaine other Iudges of the same order gaue sentence touching the same matter whereby it was pronounced and declared that the sayde Don Anthonio was the lawfull sonne of the said Lodowike and Iolenta the which sentence was also pronounced and confirmed in the Chauncerie of the saide order howbeit secretly for the cause afore aleaged In the meane tyme King Henry assembleth the estates of his kingdome to treate of diuers matters concerning the common-wealth and tranquillitie of the same and speciallye to deliberate who should be the next and meetest Heire to the crowne after his decease and yet neuerthelesse gaue expresse commaundement to Don Anthonio not to come to the said assembly but to send some deputie or agent that might represent his person there Also the same king Henry being very fearefull least Don Anthonio should proue himselfe to be legittimate required the Pope of Roome to voutchsafe to commit vnto him the hearing and examination of the cause touching the legittimation of the said Don Anthonio In the meane time the same king Henry proceedeth with the conuocation of the saide estates and commaundethe that these personages should be cited thither to wit Philip King of Castile as sonne of Isabell eldest daughter of the said King Emanuell which Isabell as is afore alleaged was married to the Emperor Charles the fift Also the Duke of Sauoy as nephew of Beatrice daughter of
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