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

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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
sayde Agent more regarding the Kinges preseruation then his owne safety very earnestly intreted his maiesty to permit him to confer with the sayd Ieronimo sith it woulde bee a good meane to further his highnes embarquing which was in hand to be prepared Insomuche that Kinge Don Anthonie at laste consented therevnto Therefore the next day the sayde Agent signified aswell to Jeronimo de Mendoza as to Emanuell of Portugall that he was come to his wyfe to the place afore sayde and therefore they might come and declare what they had to saye First therefore came Emanuell the next day to the sayde Agent and they concluded to meet Mendoza the daye following in a place halfe a myle from the sayde Agents house Now at the howre appoynted meeting togeather the sayd Mendoza declared to the sayd Agent how the King of Castile woulde giue vnto Don Anthonio the Kingdome of Naples vpon condition that he would yeeld himselfe into his handes and renounce his right action which he pretended to the kingdome of Portugall promising also large recompence on the King of Castiles behalfe to the sayde Agent in case he could procure king Anthony to accept this offer Herevpon the sayd Agent to lengthen this busines and winne tyme fained he knew not where King Don Anthonio was but yet told Mendoza he was well content to break the matter to his maister assoone as he could vnderstand where to finde him alleadging how his maiestie neuer stayed two dayes togeather in one place At which communication the sayd Ieronimo de Mendoza made earnest entreatie to go in the company of the sayde Agent to conferre with Don Anthonio when it shoulde bee knowne where he was Whereof the sayde Agent did put him in good hope and helde him in suspence about the space of twentye daies space applying neuerthelesse in the meane time the businesse of his maiesties shipping which beeing readie the saide agent returned to king Anthony certifying Mendoza thereof and sending him word how he would with speed aduertise him what resolution the saide king Don Anthonio tooke in those matters which the said Mendoza had propounded But the said agent thought nothing lesse then to returne to Mendoza fearing least he wold by sōe pretēce either deteine him captiue or not leaue til he had brought him to king Don Anthonie Moreouer the king of Castile commaunded manie other most ample and beneficiall offers to be made on his behalfe to king Don Anthony after his arriuall in Fraunce yea and after the taking of thisle of Tercera which for breuities sake are here omitted Nowe when kinge Don Anthonio vnderstoode what offer Mendoza propounded vnto him he made none account thereof but went by night with his agent and others of his traine to a secrete place not farre from Lisbon adioyning neere the sea there staying for a barke which was to come from the saide citie of Lisbon to carrie him aboard the ship wherein hee was to saile away This barke was partlie prepared by the care and diligence of Peter de Alpoen Doctor of the lawes a man of great learning and integritie hauing alwaies constantlie maintained king Don Anthonies cause wherein hee purposed himselfe with certaine of his freendes and kinred to meete king Anthonie and passe into France with him But this matter being discouered by the tresō of one Peter de Oliuera to whose charge king Anthonie had also committed this businesse certaine gallies of Castile lying in waite for the said barke in the sea in the place where it was to passe assaulted and tooke it wherein Peter de Alpoen with his vncle and nephue and two religious men and certaine other persons were taken and all put to the torture to confesse whither they went But it happened by Gods permission that before the barke was taken Bastian Figuera one of the Kings seruauntes afore mentioned passed along the sea side to seeke for his maiestie and spied the Gallies there dispearsed about the same place where the barke that his highnesse staied for was to passe And brought present word therof to his highnesse who immediatlie tooke horse and in great hast retorned with his companie to his accustomed pilgrimage vntill about two moneths after it was his hap to be embarqued in deede to come into Fraunce as is afore declared This also is not to bee omitted in this place howe king Don Anthonio in his passage from Lisbon towarde Fraunce was driuen by contrary winde about two hundred leagues from land toward the west where hee met a great and mightie ship of warre whereof Ambrose de Guyar was captain who had the conduction of aboute 300 Spanish souldiers to place in garrisons in the said Isle of Saint Michael This ship as the manner is had a carauel with her which came to aboard the ship wherein his maiestie was The men of the carauel demanded of the master of his highnesse ship frō whence they came he answered from Calice in Andalousie Being demaunded what newes there he aunswered how the people died of the plague some of his mariners were alreadie deade others yet very sick of the same disease Vpon thunderstanding whereof they of the carauell abandoned the kinges ship taking their course toward the said ship of warre When the King of Castile vnderstood how King Anthony was arriued in Fraunce he was so highlie offended therewith that hee caused Peter Dalpoen to be forthwith beheaded and his vncle and nephue to be perpetually banished the realm condemning the 2. religiouse men to the gallies whō neuerthelesse afterward changing his sentence he condemned to close prison for manie yeres causing the wife of King Anthonies agent with his children his cosens of whom he had the bringing vp and his mother in Law 3. religious sisters of his of thorder of S. Clare to be all brought into Castile put into diuerse monasteryes Likewise appointing to be brought into the said kingdō of Castile the Countesse of Vimioso mother of the said constable with 3. sonnes and 7. daughters together with the wife of Emanuel de silua thē gouernor of the said Isle of Tercera whom he detained there vntill the said Constable Emanuel de silua had lost their liues as is afore mentioned Also it is not to be passed in silence how the King of Castile euen since king Dō Anthony arriued in fraunce hath vsed al practises possible to procure the said king Don Anthonio his cousin germaine to be murdered sending many castilians and Portugalls into Fraunce for that speciall purpose Of which the first chiefe was Edward de Castro a man of base birth though very rich a portugal borne who notwithstandinge had in former time done much good and faithfull seruice to King Don Anthonio in Portugal This man faining himself to be malcontent toward the King of Castile for detaining him prisoner a certain time came into France to K. Anthony to whome at his first comming for the better cloaking of his treason he