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B06574 A brief relation of the just and undeniable title of Alphonso the Sixth, King of Portugal, now reigning, 1661. Warranted by the fundamental laws of that nation. / by Raph Whitfeld, Gent. Whitfeld, Raphe. 1661 (1661) Wing W1996AA; ESTC R186536 3,103 14

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A BRIEF RELATION OF THE Just and Undeniable TITLE OF ALPHONSO THE SIXTH KING of PORTVGAL Now Reigning 1661. Warranted By the Fundamental LAWS of that NATION By Raph Whitfeld Gent. Printed at London and Re-printed at Edinburgh 1661. A brief Relation of the just Title of Alphonso now King of Portugal IT is the opinion of many that the Right and Title to the Crown of Portugal resides in the Kings of Spain an Errour springing either from their not knowing the Genealogies of those Princes or from an apprehension that sixty years possession by the Austrian Family could make a Title indubitable which was never warranted by right of blood or by the Laws of Portugal It is true Philip the Second who seized upon that Kingdom was the Son of a Portugal Princess but she had a Brother whose issue yet remains and from whom descends the present King of Portugal who being descended from a Brother must be preferred before the issue of the Sister the Male being adjudged the better by all the Laws of Christendom though perhaps among the Amazons the Laws were otherwise But to make good this Title I must run back to the beginning of the Portugal Monarchy and present you with some of their Fundamental Laws whose Authority can never be gainsaid In the Year 1139. Don Alphonso General of the Portugal Army then ready to encounter with five Mahometan Kings commanding an Army of four hundred thousand Moors was unanimously saluted King which Legion of Locusts by his courage and conduct were put to flight and easily became the first Trophies to this conquering King And now the angry storm of War blown over the King betakes himself to the Arts of Peace to make good Laws which was done by assembling the three Estates in the City of Lamego where were enacted many Laws which they justly account their Fundamentals as unalterable as those of the Medes and Persians made Sacred by the observation of them both by Prince and People to the holy tye of which they both oblieg'd their Faith these Laws then are the ground on which we build and from whence we shall easily justifie the undoubted Title of the now King of Portugal First it was Enacted that his Son and Grandson and so forward should reign after him in secula seculorum but if the King have only Daughters the Eldest should be Queen after her Father upon condition she be married to a Native of Portugal and that he be a Nobleman who shall not take upon him the name of a King untill he hath a Son born nor wear a Crown on his head nor take the right hand of his Wife But that which I insist on is the last clause which I shall faithfully transcribe Sit ista Lex in sempiternum quod Prima Filia Regis accipiat maritum de Portugale ut non veniat regnum ad Extraneos si casaverit cum Principe extraneo non sit Regina quia nunquam volumus nostrum Regnum ire de Portugalensibus qui nos sua fortitudine Reges fecerunt fine adjutorio alieno per suam fortitudinem cum sanguine suo Let it be a Law for ever that the Kings Eldest Daughter marry a Native of Portugal that so the Crown may never descend to Strangers and in case she should marry a Prince that is a Stranger let her not be Queen for we will never have our Kingdom go out of the Race of the Portugals who have made us Kings by their own Valour with out forreign assistance by their own valour and with the effusion of their own blood This Law was put in execution after the death of Fernando the ninth King of that Race for Donna Beatrice his Daughter being married to a forreign Prince was excluded and King John the First was advanced to the Throne from whom descended Emmanuel the fourteenth King who had six Sons and two Daughters 1. Don John afterwards King Father of John Prince of Portugal Father of Sebastian King of Portugal slain in Affrica 1578. without issue 2 Son was Don Lewis who left no issue Legitimate 3 Son Don Fernando who died without issue 4 Son Don Alphonso Cardinal Archbishop of Lisbon and Abbot of Alcobaza never married 5 Son Don Henry Cardinal and Archbishop of Braga afterwards King 6 Son Don Edward who left two Daughters the Eldest was Mary married out of the Kingdom to Alexander Duke of Parma the Younger was Katherine married in Portugal to John Duke of Braganza Grandfather of John the Fourth King of Portugal Father of Alphonso now reigning Of King Emmanuels two Daughters the Eldest was married to the Emperour Charles the 5th Father of Philip the Second King of Spain Grandfather of Philip the Fourth from whom it was regained by the Right Heir The youngest Daughter of Emmanuel King of Portugal was married to the Duke of Savoy Father of Philip Duke of Savoy After the death of King Sebastian slain as aforesaid without Issue the Crown of Portugal sell to his gre●● Uncle Henry the Cardinal at 67. years of age who sweyed the Scepter two years and died unmarried Now the Masculine Race of Emmanuel being extinct the Female according to the Fundamental Laws of Lamego were to succeed There were several Pretenders as Philip the Second of Spain whose Mother was daughter to Emmanuel and the Duke of Savoy descended from the youngest Daughter of Emmanuel and both of them could but pretend a Title for they had no Right The True and Undoubted Right rested in the Children of Don Edward one of the Sons of Emmanuel as aforesaid and Brother to the King of Spains Mother and the Duke of Parma's the fore-mentioned Pretenders He left as we said two Daughters Mary the Eldest married to the Duke of Parma and Katherine the Youngest to the Duke of Braganza Rainuccio Prince of Parma though the Son of the Eldest Daughter of Prince Edward could not succeed because his Mother was married out of Portugal for the Fundamental Laws which were those of Lamego as upon the Failer of the Male Line they made the Female capable of Succession did it with this restriction that they should be married within Portugal if they married any Forreign Prince they should have no Right in the Succession which was barr'd by this Match of Princess Mary with the Duke of Parma an Italian and it was great reason that this Law which was twin-born with the Monarchy of Portugal should be justly observed and was so after the death of Don Fernando the 9th King whose Daughter was excluded the Succession by vertue of this Law of Lamego which both Prince and People were sworn to observe nor can any think it hard measure to the Dukes of Parma to be excluded the Succession to the Crown being descended of Prince Edwards Eldest Daughter and that the Duke of Braganza descended of the Younger Daughter who married with a Native of Portugal should have the undoubted Right For had it not been for that Law which excludes the Daughter of Portugal i● married to a stranger Emmanuel the Father of Prince Edward from whom the Duke of Parma claimes had never been King but it had gone with the Daughter of Fernando the 9th King of Portugal justly excluded by their Laws for marrying with a Forreigner and the posterity of the Eldest Daughter cannot quarrel with this Clause in the Law of Lamego seing it was that very Clause and that alone that brought the Sovereignty to the Line of Emmanuel from whom the Prince of Parma descends Katherine the Youngest Daughter of Prince Edward marryed to the Duke of Braganza a Native of Portugal could only lay a just claim to the Crown But Philip the Second of Spain though he could not pretend so far as the Duke of Parma as being descended from a Daughter whose Brothers Heirs must in all reason be preferred before hers yet to acquire a Kingdom which might joyn the whole Continent of Spain together in one hand he dis-inherits all Right and by his Martial Favourite the Duke of Alva invades Portugal with an Army marching directly towards Lisbon where wisely striking at the Head he brought a whole Kingdom on their Knees and receives a Crown adorned with the richest Jewels of the East that Nation having many rich Factories there which hapned in the Year 1580. Being thus possest he left it to his Son Philip 3d and he to Philip 4th till the Year 1640. When on a sudden not only Portugal but the Islands and Territories thereunto belonging Ceuta in Barbary excepted fell from the Spaniard like a Dream and awakened its old Glory and Freedom in the Person of the Duke of Braganza Grandson of that Duke of Braganza that married Katherine Daughter of Prince Edward Son of Emmanuel King of Portugal then presently proclaimed by the Name of John the 4th King of Portugal and so own'd by all Princes whom the Austrian Greatness did not over-awe who dying left his Crown descending by a Just and Undoubted Title to Alphonso the Sixth now King of Portugal FINIS