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A54299 The Portugal history, or, A relation of the troubles that happened in the court of Portugal in the years 1667 and 1668 in which is to be seen that great transaction of the renunciation of the crown by Alphonso the Sixth, the dissolution of his marriage with the Princess Maria Frances Isabella of Savoy : the marriage of the same princess to the Prince Don Pedro, regent of the realm of Portugal, and the reasons alledged at Rome for the dispensation thereof / by S.P., Esq. Pepys, Samuel, 1633-1703. 1677 (1677) Wing P1452; ESTC R18510 135,324 356

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of them to take away from her Majesty and the Prince all those scruples of Conscience that they might have in marrying without demanding it Besides they had considered the time and the difficulty which would be in obtaining it from the Court of Rome although contrary to the Will of his Holiness which might endanger the Repose and Health of the State which could not be able to get out of its forepast miseries but in putting it self in a Condition to give Successors to the Crown which was the only way to do it 3. Notwithstanding all these Resolutions of these Doctors and the politick Instances given them by the most considerable Persons of the Realm to oblige the Queen and the Prince to consent to their will yet they had nevertheless so much Respect so much Reverence and so much Submission to the Authority of the Holy See that they believed their Marriage would neither be fully blest nor approved of by God if first it were not so by him who was in his stead and place upon Earth and in this Consideration they employed all their Care and all their Diligence possible to get with speed a Dispensation 4. It is most certain that as the Queen had not recourse to the Holy See the first time that it might judge of the Nullity of the Marriage for no other reason but that aforesaid doubting the way would not be found so easily open as the Case required So the second time also the way seemed open since the peace made between Portugal and Spain the Prince and she had a passionate Desire and full of sincerity and they would not have failed to have had recourse then for right if it might have been so easily had as the urgent necessity required and the length of the Voyage and the unavoidable Factions of those Persons who would not have failed to have opposed it at Rome as they had tried to do at Lisbon had not made them fear that it would be too great a Delay and that the least ill that attended it would be the putting into danger the Quiet and Safety of the State which depended upon the sudden and speedy Consummation of this Marriage 5. This is the Reason wherefore they had Recourse to Mounsieur the Cardinal de Vendosm Legat a Latere in France believing also besides the nearness of Places and the facility of Access that in addressing themselves to his Eminency they had Recourse to the Pope himself and not being able to go to Drink at the Fountain Head it would suffice that they Drank at a Stream which they saw to proceed immediately from its Source 6. And seeing that the Legat gave them the Dispensation which they required believing he had Power so to do The Queen and the Prince received it as not being able to imagine as they ought not to do that a Cardinal so Illustrious and so Wise in whom the Pope had so much Confidence and whom he Esteemed so much and who was his Legat a Latere did not know how far his Power extended or what he did in granting their Request 7. It followed then that from this Dispensation sought for Received Examined Approved and Registred by the Official of Lisbon to whom it was Directed that the Marriage was Made and was Celebrated in the face of the holy Church with all the Formalities requisite by the Bishop of Targa in presence of the Curate of the Palace where it was done and of Four Gentlemen of the Chamber of the Prince commonly called Chamberlains the Duke de Cadaval's Proctor Espousing for the Queen and the Marquess de Marialva for the Prince 8. All the People also Approved of it by the most extraordinary marks of Contentment that ever were seen and the King Alphonso would shew that which he had in particular by the Complements which he sent to the Prince his Brother And Heaven was not backward to let us plainly see that God did give his Blessing to this Royal Marriage by the happy Pregnancy of the Queen which was perceived within a Month after and is now at this time gone half her Time So that all the People hope his Holiness will not refuse them his and that he will have the goodness to have regard First To the most humble Petitions of these two Great and Religious Princes which they make with other Crowned Heads Secondly To the particular Respect and to the sincerity of the Reverence which they have had and which they still have to the holy See in having Recourse to it Thirdly To the great Submission which the Realm of Portugal hath Witnessed at all times to the Will of the Popes and particularly within this Thirty Years whilst it hath Laboured under very great Calamities and which hath Laboured so much as all the World knows for the Propagation of the Faith without so much as Estranging it self so much as in one Point notwithstanding all the Disgraces it had suffered under the Papacy of his Predecessors with so much Patience Fourthly To the perfect and respectful Confidence which it still at present hath for him who hath so worthily Succeeded and who doth surpass them all in Bounty Justice and Wisdom that he will repair all its past Losses and will to render them intirely happy do them the favour to Establish the Repose and the Spiritual and Temporal Peace of these poor People who have Groaned so many Years which depends absolutely on the Approbation and Benediction which he shall have the goodness to give to this Marriage Fifthly And lastly To the Immortal glory that his Holiness and the holy See shall receive after they have by their Applications and their Paternal Cares so happily extinguished the Fire of a War that Consumed all Europe by the means of the Peace made between the two Crowns who are as it were the two Poles of it It shall yet please them to take away the Subject and the Occasion which may be soon able to Rekindle it and to render it more Hot than ever FINIS Books lately Published The Courtiers Calling shewing the Art of Living at Court according to the Maxims of Policy and Morality By a Person of Honour in 12s price bound 1 s. 6 d. The Art of Making Love or Rules for the Conduct of Ladies and Gallants in their Amours in 12s price bound 1 s. Don Carlos Prince of Spain a Tragedy as it is Acted at the Dukes Theatre Written by Thomas Otway in 4. price 1 s. Newly Publisht this Term Titus and Berenice with a Farce called the Cheats of Scapin As it was Acted at the Dukes Theatre Written by Thomas Otway in 4. price 1 s. All Sold by Richard Tonson under Grays-Inn Gate next Grays-Inn Lane 1640. Aug. 28. 1643. April 26. 1648. 1650. May 15. 1653. Nov. 6. 1656. Nov. 15. 1656. * That is in the time of repose after dinner which they all use in those Countrys 1657. A Palace Royal a League from Lisbon A House of the Duke d' A●ei●o's 4 Leagues from Lisbon on this side of the Tagus Stout n●er●y Companions 1661. This Dona Maria is a natural Daughter of the late King Don John This Discourse was addrest to the Assembly This to the King This to the Assembly To the King These were the Lords of the Realm Houses of Pleasure are called Quintes in Portugal That is one of the Extreamest Quarters of Lisbon Because of the Palsie that had enfeebled one side This Charge answers to that of Master of the Ordnance This Charge answers to that of Superintendant of the Sea Affairs The Queen loved these two Persons This is the manner of writing such Billets These Imploys are Triennial in Portugal A Town on the other side the Tagus over against Lisbon This is one kind of the Carouses Which were Monte Claros Evota A little Village at the mouth of the Guadi and in the uttermost parts of Algarves The younger Sons of the Kings of Portugal are not Princes but by Declaration The true cause which they dared not yet to speak of was the Impuissance of the King That is the publick Prison Lewisa Marie de Gonzague
leave him The King as he lay in his Bed sent to John dos Caes to have a care of his Dogs which was his ordinary employ and which griev'd him in such sort that he could not refrain from Tears We have reported this though but little considerable that you may thereby judge the better of the Spirit of the King and whether he was capable to govern the State When the Infante had made known to all the Realm that which had hapned he signed the Letters which were writ in the King's Name to call together the States on the first of January And because the Act which the King since he was arrested had sent to the Infante gave him power to take upon him the Quality of King which the greatest part of the Nobles and of the People ardently wish'd he would do he order'd by this Decree that they should examine the Cession which the King had made Don Rodrigo de Meneses Gentleman of my Chamber and Master of my Horse Makes known upon my part to Pedro Fernandes Monteiro Councellor of Parliament to Martin Alphonso de Mello Deputy of the Council of Conscience to Joseph Pinhero Councellor of the Finances to Lewis Fernandes Teixeira Judge of the Pleas of the Crown to John Lamprea de Vargas one of the Quarter Provosts and to John de Roxas de Osevedo my Secretary That I desire that they will assemble themselves in the Chamber which Don Rodrique possesses in the Palace to the end that they may let me know after they have made serious reflexions upon the Estate in which they find the King my Lord and the Affairs of these Realms if I ought to demand the Convocation of the States and if that after their Assemblies shall be ended I should continue the Government with the Title of Curator of his Majesty and that of Regent of this Realm which are those which I have taken at this present or whether I ought to consent that they give me that of King with all the Prerogatives that accompany it And I also desire to know if I shall make use of the Renunciation that his Majesty hath made in my favour a little after he was arrested of the Right which he hath to the Crown or of that which they have given me through his incapacity of Governing himself Considering that though I have accepted the Government of these Realms it is not through any Ambition nor Covetousness nor for any End which respects my self but only for the Conservation of the State and to satisfie the desires which the Portugals have incessantly made to me Let them put their Opinions in this Business in writing and I declare to them that I shall follow the greatest number From Lisbon 10 Jan. 1668. The Infante These Ministers assembled themselves according to the Infante's Order and some days after they wrote their Conclusion When it was read in the Presence of the Infante of his Gentlemen and some other Persons of Quality whom he had most Confidence in they found that the greatest part of the Voices were That he should not make use of the Renunciation and that he should not take upon him the Title nor the Quality of King which gave him a very great Contentment because this Conclusion was according to his Desires and moreover this delivered him from the Importunities which he suffer'd under every day upon this Subject The Procurators of the Chapters and those of the Greater and Lesser Cities of the Realm being arrived the three Estates assembled themselves in the Great Hall of the Guards where the Infante was solemnly declared Prince by a publick and Authentick Act conceived in these Terms We Swear and Declare upon the Holy Evangelists which we touch with our Hands That we do acknowledge and receive for our true and natural Prince and Lord the most High and most Excellent Prince Don Pedro the Legitimate Son of the King Don John the Fourth and the Queen Dona Louysa his Wife and Brother to the most Great and most Puissant King Don Alphonso the sixth our Lord his True and Natural Successor to these Realms and as his true and natural Subjects and Vassals as we are we render him Faith and Homage and promise him That his Majesty hapning to die without Legitimate Children we will acknowledge and receive him for our True and Natural King and Soveraign of the Realms of Portugal and the Algarves on this side and beyond the Sea Lord of Guinny and of the Countries conquer'd by our Navigations through the Commerce of Ethiopia Arabia Persia and the Indies c. And that we will obey thorowly and wholly all his Orders and Judgements Soveraign and others making for him War and entertaining Peace with his Allies and that we will not obey any other King nor acknowledge any other than Him And all this which is above said we swear and protest to God and to this Holy Cross and to the Holy Evangelists upon which we lay our hands we will observe and keep fully and wholly and in sign of our Obedience and of our Acknowledgement of this Royal Soveraignty we Kiss the Hand of his Highness here present After this Oath had been made to the Prince every one of the three Estates began to assemble themselves in particular That of the Nobles in the Colledg of St. Roch that of the Commons in the Covent of the Religious of the Order of St. Francis and that of the Clergy in the Covent of St. Dominick The first day of their Assembling the Prince sent to each of the States the substance of this Act with the Dismission of the King I desire that you may see in the Assembly of the People the dismission of the King where'tis inserted and that it should be examined by you as well what hath been pass'd when I took upon me the Government as the Reasons that mov'd me to do it and to take upon me the Quality of Curator of my Lord the King and that of Regent of these Realms by vertue of which I have caused his Royal Person to be arrested And because these two things might be justified by this Act I pray this Assembly to approve them and to Declare whether I shall continue the Government with this Title or whether you think good that I should take any other and in that Case what it ought to be If your Conclusion be found conformable to that of the other Assemblies as I hope it will I shall after that swear to maintain the Laws and the Priviledges of the Realm in the accustomed manner after which also you shall make to me an Oath of Fidelity and Obedience during the time I shall have the Government The Body of the Nobless is composed of Thirty Great Lords Councellors of the King Lords of Castles Lands and Territories the chiefest of their Rank That of the People is of Two Procurators or Burgesses from every City of the Realm who have a deliberative Voice which they call definitive
nature gave to the Queen an excessive trouble The Count D' Odemira was sensibly touched knowing that they ordinarily impute the faults of Princes to their Governours as it happened to Don John Alphonso D' Albuquerque who was charged with the cruel Actions of Don Pedro King of Castile The Count resolved then to withdraw the King at what price soever he did it from this shameful conversation Having one day found in the Court of Lion the King environ'd by Conti and all that Gang he chased them away he forbad entrance to Conti with menaces to chastise him if ever he durst return thither again The King more troubled than Conti at this Prohibition and Menace retired himself into his Appartment with excessive trouble Some of those who were about him had no sooner known that he was discontented with his Governour and that he had an Affection for Conti but they let him understand that to subject his own Inclinations to the Sentiments of another was to consent to the ruine of his Authority This had such power on the mind of the King that after this he rejected whatever advice they would give him he grew obstinate even to rage that he would learn no Lesson nor eat nor drink till they had brought back Conti to him so that they were obliged to bring him to him In the Court of Lyon they oftentimes for his diversion had Dog-fighting which Combats were at first private but at last they became publick These Mastiffs were kept in the great Court of the Palace where being all sorts of Dogs and unty'd they very often fell upon those they found in their way The diversion of Bough-fighting was brought also from the Court of the Chappel to the same place and at last became so common in the Suburbs that what was formerly the sport only of little children became in a short space to be a bloody Combat In all these Diversions those wherein the most Blood was shed pleased the Kingmost These Disorders being come to that excess his Governour thought that it was best for him to find out diversions conformable to his humour but that they might not be so publick so that if any thing should happen that might be any blemish it might be the less taken notice of They resolved then to teach him the use of Weapons and they gave him for his Master therein Diego Gomes de Figueredo but they found it impossible to make him follow any Method for he would not learn to do any thing skilfully as he should do but was all for downright blows This exercise handsom and innocent enough became however very deadly and criminal through the ill use that he made of it That they might cause an emulation in the King they permitted to enter the Palace certain young men who under pretext of making a flourish in his presence brought with them all sorts of Weapons every one having a design to let him see his force and skill But in these exercises there happened almost every day one or other ill accident especially when they darted certain Knives purposely made which many times slipping from their hands wounded some or other in the throng of Spectators John ●e Conti was in all these Exercises and though his skill was not very great he was still recompensed by the King so that he became his Favourite insomuch that whatever violences he committed in the Palace were suffered unpunished This Example was the cause that those Crimes from which they had abstained before for fear of Justice were now committed with Assurance so that the King hereby drew upon himself the ill-will of all the People not only by his own Actions but also by those of others They had lodged the Infante Don Pedro in the Queens Apartment that his Union with the King might thereby become the more strong and easy to be compassed and therefore they had given to them both one Tutor that they might likewise learn together But this did no good to the King and was a notable prejudice to the Infante for when they should have followed their Books the King would disturb them and often interrupt his Tutor in reciting his shameful Divertisements The King and the Infante had oftentimes differences between them which being grounded but on slight matters quickly ceased However the malice of his Favourites fomented these petty misunderstandings in such sort that the King put himself to oppose the Infante on every occasion It was at this time that the Favour of Conti with the King who was now sixteen began to spread abroad certain Courtiers perswading themselves that he had perfectly established himself in the Heart of the Prince for that he had wholly destroy'd his Governour they grew so shameless as to make him the object of their respects After which he had the boldness to vaunt himself to be descended from a Branch of Vintimiglia an Illustrious Family in the Realm of Sicily and this was maintained by the testimony of some Flatterers For the most part the persons that came near the King were debauch'd in their speeches and it was no wonder to hear him speak dishonest words even before the Ladies Some of his Councellors offended thereat advis'd the Queen that he might be removed into the new Apartment called the Fort where those Persons who Corrupted his Manners should not have so much liberty to come To this end the Queen ordered he should be served there by Don John de Silva Marquess de Govea grand Master of the House Garcia de Mello grand Chamberlain the Count de Padro Master of the Horse Don John de Almeida Master of the Wardrobe and by Lewis de Mello Captain of his Guards The Count de Padro being gone to Command the Army in his absence the Charge of first Gentleman of his Chamber and that of Master of the Horse were given to Don Diego de Lima Vicount de Villanova de Cerveira they gave also the Charge of Chief Gentleman of the Chamber to Lewis de Vasconcelos and Sousa Count de Castlemelhor All these Officers were to serve Weekly and to lie in the Palace and to the end that some of them might always be about the King those before mentioned were to be Relieved in the Day-time by Don Vasco Mascarenhas Count of Obidos Nuno de Mendosa Count de Valdereis Lewis de Silva Tello Count de Aveiras and Francisco de Sonsa Coutinho Councellor of State All these Lords having Keys to enter in at all times when they pleased The Queen ordered this Project to be kept secret and that they should keep open the Door which gave way for a Communication between her Apartment and that of the King 's But he soon frustrated all these Designs The Count de Odemira his Governour having told him That the quarter through which he should go out was made up He answered him briskly that he would then go thorow the Hall of the Almane Guards The Count having told him that there was a great
to render you a true Obedience and to Die for your Service The Queen as well as the People is astonished to see that they have introduced into the Palace near the Person of the King People of no Account who to maintain themselves in the Favour they have acquired by pernicious Artificers make no scruple to sow Division between the Grandees and to Corrupt the good Nature of the King They endeavour by all manner of ways to perswade him that he hath need of their Succour to gain the Hearts of his Subjects and to make them respect Authority for which they would Sacrifice as they say a thousand Lives in the mean time under this false Zeal they abuse this Authority trouble the Order of Government and of Justice and committing Night and Day those Crimes which no Body is ignorant of they cause so much Scandal that if our Lord the King should have a true knowledg thereof he would without doubt Chastise them most rigorously for without any respect for Religion they are so Audacious to make Attempts and Quarrels even in Sacred Places and to maintain thereupon discourses so Insolent that one cannot think on them without Horror As this Complaint is the greatest of all so it is that from which all our evils take their Original so it is no wonder that People without Religion should hinder the Administration of Justice and should help forward the Emportments of the King This is it that doth trouble and may yet in time to come trouble the Publick Tranquility All these things have been represented oftentimes to the Queen by many of the Ministers who are here present and by others who had not the power to help it and also by several Persons very zealous for Religion and for the good of the Realm that it was necessary to appease the Anger of God which seem'd to have prepared for us so grievòus a Chastisement and to turn away the Danger which threatned us in taking from about the King the Enemies of the State who are more to be feared than those on our Frontiers The Queen to follow the Counsel of her Ministers and her Subjects hath willed these things should be so executed to the end that all the Realm might see the Esteem that she had and should always have of the zeal with which they had counselled her so well and the desire she has to bring Comfort to the State so long as she shall be Regent Sir the substance of this Discourse as well as the words of which it is Composed are not only mine but every one of your Ministers and every one of the Subjects who find themselves obliged by their Conscience by their Honour and by the Ardour of their Zeal to represent to the Queen for the Publick Good all that this contains This Discourse is conformable to Reason and to Justice which your Majesty will not oppose It is on the Esteem that you have for Virtue on the Integrity of your Ministers and upon the Aversion you have for Flattery the Liberty of this Remonstrance is founded so that we hope your Majesty will not only approve that which hath been done by so strong Considerations but that you will acknowledg the just Intention of those who gave this Counsel and of those who Executed it This is that which we desire of your Majesty prostrate before you with a profound Respect and the greatest Humility When this Discourse was finished all those who were present according to the Custome of the Country kiss'd the Hand of the King and Queen and then went forth of the Chamber but before their Majesties were withdrawn Lewis de Mello having acquainted the Secretary it was convenient to hinder the Count of Castlemelhor and the Duke of Cadaval from encountring because of the words they had had between them he advertised the Queen who reconciled them It being the Counts Week he continued in the Palace and came in the instant that the Grand Venere had opened the Door to the King of whom he demanded as if he had understood nothing of all which had been said if that Concourse of the People was an Assembly of the States The Grand Veneur answered him that so soon as his Majesty was alone he would inform him of all things and being entred his Chamber he told him For to satisfy the Complaints that all the People had made against Antony de Conti and all those who had diminished his Authority in exposing every day his Life the Queen had ordered they should seise on their Persons and should be carried away far from his Majesty which thing had been executed by the Councel of his most zealous Subjects and that she had rendred him an account of it by that Writing which he had heard read in the presence of the Tribunals The King had no sooner comprehended the sense of this Discourse but he arose from his Seat wholly transported with Choler and went to search for Conti in the withdrawing Chamber and not finding him there swore he would find him in what place soever he were Whereupon the Grand Veneur told him That his Majesty ought not to be angry for what was done and so far from thinking ill of the Queen and his Ministers that he ought them thanks since with so commendable a zeal they had taken from about his person those men who were not tyed to him but for their own Interest and that their nearness would make him lose the Love of all his other Subjects that if he would be beloved and rever'd as Father of his Children there was an indispensable Necessity this Separation should be made it was for that end they had embarqued Conti in a Vessel that had set Sail for Brazil Upon this the King stopping for some time as if he had been forbid sent to find out Emanuel Autunes an intimate Friend and Confident of Conti's At the same time he entred the Kings Chamber at the back-door the Count de Castlemelhor entred at the other as if it had been by Agreement and not by Chance Assoon as the Grand Veneur saw them with the King he withdrew after which they had a grand Conference which lasted till Dinner And though he dissembled his Discontent as much as he could all the while he was at the Table yet they could not but perceive it in his Countenance which was more clowdy than usual nevertheless at night he failed not to go into the Garden to ride his Horses After this Conference he had another the same day with a Lady about the Queen in which they condemned as they had done in the former that which the Queen had acted and counselled the King to be revenged for that affront whatever came of it The next day he appeared more calm so that it was believed he had forgot all that had passed Almost every one praised what the Queen had done and even some of Conti's Partisans also accomodating themselves to the Time seemed to approve
to give you ease As according to the Laws of the Realm I have passed much beyond the Time which renders Princes subject to Tutors I hope with the Divine Assistance the Approbation of your Majesty and the Union which is between me and the Serene Infante Don Pedro my Brother I shall satisfie my People and Triumph over the Enemies of the Crown of Portugal Most High and most Puissant Princess Queen of Portugal and the Algarves c. Who is to me above all others most beloved and most dear Mother and Lady our Lord have your Majesty in his keeping From Aleancantara the 21st of June 1662. Your most Obedient Son kisses the Royal Hands of your Majesty The King The King Wrote also to the Infante in Terms of the same nature which Letter was carried by Antony de Miranda Henriques the Infante made Answer thereunto by Rodrigue de Menesses in which after he had given him thanks for the Honour his Majesty had done him in giving him notice of that Affair he endeavoured to perswade him by very strong Reasons that he should return to the Queen where he should with Honour obtain his desire he hoped his Majesty would grant him permission to wait on him the next Day to Accompany him in his Return The Queen seeing the King was not about to Return try'd a new to perswade him to it but all her endeavours were maliciously interpreted For they said the Queen would not bring him back to the Palace but with a design to continue her Regency They who had stir'd the King up to this feared his Reaccommodation with the Queen and therefore increased his mistrust the better to resist her perswasions The Count de Arces who brought the Kings Letter returned with this Answer from the Queen Most High and most Puissant Prince c. I Wrote to you Yesterday which was presented to you by the Bishop of Targu all that which you demand of me in your Letter I am disposed to do to remit into your Hands the Government of the Realm so soon as you have taken away those Obstacles which hinder that Design God is my Witness I never had nor now have any other intent In the mean time my Son suffer these things to be done with all necessary Decency and return to your Apartment after which you may be assured I will give you full satisfaction Do it for a Mothers sake who hath brought you up with much Affection and who desires nothing so much as to see you Govern the State happily which I hope to see by the Mercy of God And to the end that God may assist your Majesty you ought to be perswaded that what I have said in my other Letter and what I say in this is that which is most convenient for you Most High and most Puissant Prince c. The King returned no Answer to this Letter but sent to the Secretary of State to come to him the next Day of which he advertised the Queen believing it was his duty not to obey the King in this occasion without advising with her she approved of his going to present himself to the King to receive his Orders The Infante went also the same Day to see the Queen who thought it fit he should go to the King although he had not sent him Permission to Intreat him that he would submit to her will But although the King was very Civil to him and they Dined together and went together to the Councel his Prayers were of no effect The Secretary was no sooner presented to the King but he told him he had created six Councellors of State and ordered him presently to Expedite all Provisions thereunto for he would have their Advice in Councel that Day Upon which the Secretary beseeched him he would surcease that Creation of Councellors of State because although all the Gentlemen he had Chosen were worthy of that Employment the time was not proper for it besides the number would make them be the less esteemed That whereas his Father the late King had employed six years in choosing one Councellor of State his Majesty had Created six in one Night the thing being done with precipitation without his Majesty's conferring with the Queen in whose Hands the Government yet was and by consequence the Nomination of these Ministers they would say it was but an unhappy Choice It was to be feared the Honour that his Majesty would do those Gentlemen would draw upon them Derision by a Circumstance which would render the thing Ridiculous which was Reasonable of it self That it would then please his Majesty to return to his Mother who would Remit into his Hands with the ordinary Ceremonies that which he went about to obtain by unjust and violent means It was not Congruous or fit for his Majesty to take that as it were by Force which was his own by Legitimate Succession This manner of Acting would make People see that this Precipitation was by the Council given him and cause a Suspition as if the Queen through Ambition had no mind to part with the Government although she desired nothing more of which his Majesty ought to be assured since she had Wrote so to him For as the Word of a Soveraign is sacred she could no ways fail in that without doing wrong to her self The King was as little touched with this Remonstrance as if he had never heard it One of the new Counsellors of State seeing he answered nothing undertook to speak for him and endeavoured to answer all which the Secretary had touched upon and as the King had more trust in that Councellor than in the Secretary he followed his Opinion ordering the Secretary to make all things ready thereto according to his place He had hardly taken the Pen into his hand when there entred into the Kings Chamber another Minister of State who asked the Secretary What he thought of that Affair Who answered him He thought very ill of it to which he replied He was of the same opinion But what Remedy can you give for it said the Minister of State Upon which the Secretary gave him a Recital after what manner the Government ought to be remittted to the King adding He would maintain it true in full Councel if called thereunto That what the King was about to do was contrary to the Custom always observed in Portugal Upon this the ancient and new Councellors of State being met this Minister told the King His Majesty should hearken to the advice of the Secretary of State before others delivered theirs because after he had instructed them in the ordinary Usage they would be able to speak with more Solidity He followed the Councel of this Minister and the Secretary said However Kings claim their Realms by Right of Succession they do not take upon themselves the Government but according to the ancient Laws and Ceremonies of each Nation by a publick Act For the Power is not communicated to the Successor until that
Tribunals assembled with the Ministers of State the Titulares Councellors Governors of Castles the Lords of the Realm Gentlemen the Ecclesiasticks and the chief of the Orders which being done the Grand Master of the Wardrobe placed before the King a little Table of Crimson Velvet with a Cushion of the same and the Secretary of State put upon the Cushion a Purse in which were the Seals some time after having taken them up he put them into the Queens Hands and she into the Kings saying to him these Words See here the Seals with which I have been Charged by the States of the Realm by virtue of the Testament of the King my Lord who is now with God I remit them into the Hands of your Majesty and at the same time the Government which I have received with them of the same States God grant that all things may be Prosperous under the Government as I desire The King taking them put them at the same time into the hands of the Secretary after which all the People came to kiss the Hands of these three Royal Persons and so the Assembly broke up The Queen seeing her self Discharged of the Burthen of the Monarchy had now no other thought but to execute the Resolution she had taken to Retire and her self to found a Religious Covent of the Order of St. Augustine Being willing to begin to Build she ordered Doctor Belchoir de Andrade in the time he was her Secretary to visit divers Places but they raised a thousand difficulties to hinder her so that she found no fit Place Whereupon her Enemies published she had hidden Designs and feigning to seek for a place to Build a Covent she had no mind the leave the Palace She had no sooner begun to make a passage of Communication from the Quinte to the Covent of Religious of the Order of St. Dominic being situated near it but they said the Queen had chosen this House that she might flie away when she pleased These malicious Reports pressed the Queen to execute her Enterprise Having remembred her self one day that the Marquess of Sandy had offered her a● House which he had at Grillo she spake of it to Garcia de Mello Son to the Marquess who having also offered it to her she accepted it and presently began to Build there When the Queen had rendred the Government to the King the Courtiers began to change their Discourse and many of them who before were still speaking o● the Incapacity of the King now extolled the quickness of his Wit and made him seem more worthy of a greater Kingdom than his own To hide their Incon●●●stancy they protested the King was become another Man and spake of his Change as of a Miracle but this added nothing of belief in the Case for his Reason being hurt by his Maladies it rendred him incapable to conceive either that which they made him say or that which they said to him When he was to say something in Publick they instructed him before hand as well as they were able what he should say but as they could not instruct him to answer to things that would be spoke on the sudden he was then mute or else answered far from the purpose and if on these occasions it happened that he spake something of good sense these Flatterers would say more by half than the King had said But in his good Intervals if he had made some liberal Discourse his Favourites would be sure to Preach on it but this did but serve to render him Ridiculous for they would render those things which came from him by chance to appear otherwise and that his ordinary Discourse was not the same Before the King had taken Possession of the Government the Earls of Atouguia and Castlemelhor and Sebastian Cesar de Menesses had taken possession of him As in policy these three Favourites did praise one another before the King he was perswaded they were filled with rare Qualities so that he Reposed on them all the Affairs of State But at the first they judged it best for the King to assist in all Publick Affairs and though there was nothing more contrary to his Inclinations yet they so brought it about that he gave Audience went to Councel dispatched Businesses but this Application lasted not long whether it were that the King was weary of it or some of them had perswaded him otherwise by the Counsel of those who Governed him But it is thus that Favourites inspiring Idleness into Princes invade their Authority under the pretext of discharging them of the Care of their Affairs There is yet another ordinary Artifice of such Favourites to maintain their Credit and to hinder any from doing any thing against them to Banish from Court all those who were not tied to their Interests and to introduce in their places either their Creatures or their Friends The Count de Castlemelhor and his two favoured Companions very admirably practised this Maxim as we shall see in a little time Henry Auriquez de Miranda began about this time to put himself near the King by the Services which he had rendred him in his Pleasures and within a while entred into so much Trust and had so great a share in his most secret Thoughts that if the Count de Castlemelhor had more of Authority about the King than Don Henry Auriquez yet it might be said that Don Henry Auriquez de Miranda had more of his Heart than the Count Castlemelhor This new Favourite according to appearances ought to have given some trouble to the favour of the Count however it happened quite contrary and he so well ●anaged the Spirit of that Gentleman and of the Kings that he made that a support to his Fortune which it was thought might have ruin'd him And indeed after this he became the most Puissant of the three Favourites by the consent of his Competitors having more Facility than the Count de Atouguia who did not profit by the occasion which was presented him either by Moderation or otherwise The Count de Castlemelhor being in Italy whither he had withdrawn himself because of the death of Don Lewis of Portugal Count de Vimioso who was there vaunted that one Day he would return into that Realm as its Governour From these happy beginnings he conceived so much hope that his Prophesie should not be in vain he was therefore resolved to push on his Fortune as far as he was able So soon as he had found he was Master of the Kings Affections he took the liberty to Lodg in the Apartment of the late Prince Theodosius as he enterprised to have himself the whole Favour this was not ill aimed at to find a means to render himself inseparable to the Person of the King But it was not enough to establish himself near the King he must have some Charge which might serve to make his Credit seen and valued There was then nothing at Court with which he could
that he declare that what he hath remonstrated to the Councel is false and demand pardon since he hath therein offended God your Majesty and Me and the Councellors whom he hath also deceived as well as Justice which he hath abused with divers lies and malicious suppositions and that there may be an Act made of this beginning of Satisfaction and that it be inserted in the place of that detestable Conclusion in the Registry of the Councel of State My Lord May it please your Majesty to order that this Crime and my Complaint may be examined since that there ought to be satisfaction given to an offended Queen to repair her Honour which is inseparable with that of your Majesties as well as of your Sovereign Authority I demand Justice my Lord against this Decree which were unjust had it been given against the least of your Subjects without being heard and therefore with more reason being given against a Queen oppressed with the Artifices the Violence and the great Credit of her Enemies The King put this Letter into his Pocket without reading it and very unbecoming his State publickly solicited the Secretaries Return which the Queen not being able to consent to shut her self up in her Apartment without seeing any one but the King who gave her nothing but cross and unbecoming words In the mean time the Secretary appears in the Palace with all his Accou●rements and there went a Report that the King was resolved to leave the City and to carry with him all the Cavalry with an order to all the Gentlemen who were about the Infante to follow him to which they added that in case they did not obey that Order he would come back into the City to cut off the Heads of some of whom he had a List Upon this the same thought which formerly the Queen had to chase away Anthony de Conti came into the mind of the Infante to demand from the King that he should oblige the Secretary to retire from about his Person so that on the 5th of October 1667 the Infante went to the Palace followed by the most part of the Nobility and by a grand concourse of the People The King was yet in his Chamber which obliged the Infante to attend with some Councellors of State with whom being entred he spake to the King with very much vehemency nevertheless without losing the Respect which he owed him but the King falling into a rage cry'd out in a fury that they should give him his Sword the Infante had no sooner heard that but he drew his half way out of his Belt and presenting the Guard to him said my Lord if it is against me that your Majesty asks for a Sword dispose of mine if it be against any other suffer me to defend your Majesty But the King would not take it only continued his cries The Queen who knew nothing of this enterprize ran to the Chamber of the King trying to appease him by reasons and prayers but she was not able to gain any thing upon him being perswaded they had killed the Secretary although they did assure him he was not slain saying he would not believe it unless he saw him which obliged the Duke de Cadaval to go fetch him from the Chamber where he had shut himself up that he himself might satisfie the King that they had done him no violence but however they had much a-do to keep him safe for bringing him to the Kings Chamber through the crowd of people they had kill'd him if the Duke turning himself about to those who had that design had not said to them with an angry countenance and imperious tone that he was his Conductor The presence of the Secretary having a little appeased the King the Queen retired and also the Infante Upon this there was heard a Voice that cry'd oftentimes that all would be well The same Voice having called on the Queen and the Infante the King went out of his Antichamber with them having the Secretary by his side going to a window which looks into the grand Place of the Palace where the people seeing him cry'd out oftentimes God save the King After this the King withdrew thorow the people who had fill'd the Antichambers those who went before him saying he pardon'd all the people which offended them so much thinking that they had committed no fault that John Mascarenhas Count of Sabugal was fain to tell the King that they would not have a Pardon but Thanks The King who did not well hear those last words repented he granted them Pardon but having at last comprehended that the Count refused it and that he asked of him only his Thanks he replied he granted both the one and the other But that which most of all astonish'd the people was to see him in the midst of this trouble and importment fall to playing upon a Flagelet it very ill becoming so grave a person to do so This boyish divertisement and his crying out were remark'd as an unbecoming thing in the mind of a King and imputed to the default of his Organs This success so different from what they had imagined made them conceive such an indignation against the King that they said aloud they ought to take from him the Crown and give it to the Infante insomuch that one pronounc'd these words Either take it your self or we will take it for you but the Infante growing angry made him hold his tongue with his look As it was the design of the Infante to make the Secretary leave the Palace he resolv'd to lie there that night to finish the Work he had begun but the Secretary fearing it would be fatal for him sent to tell the Infante that if he did not leave the Palace that very moment it was because he could not do it in security and that he would not fail to depart assoon as it was night for which Laurence de Sousa de Meneses Count de Santiago Don Pedro D'Almeida Admiral of the Realm became Sureties Emanuel Autunes sent at that time to demand the same Grace which was likewise granted him although he had merited a more severe Chastisement This man who had been the Son of a Sexton to the Church of Miserecorde de Vilaviciosa had passed from the Charge of the Repostery to that of Groom of the Chamber besides that the King had granted him the Order of St. Jaques and several other Favours it was he that made the secret dispence but the 〈◊〉 and the profusion of it had rendred this private expence too publick The near access that he had with the King came from the service that he rendred him in his secret pleasures his boldness was such that at all times he intermedled with the Affairs of the Infante and the King Upon these assurances the Infante withdrew to his own Palace followed by the greatest part of the Nobility and an innumerable concourse of People The King the next day seeing neither
it In the mean time the Queen seeing they took no consideration of her Complaints took a generous resolution not to suffer any longer such contempt So long as they did not lose the respect they ow'd to her person she knew how to dissemble but so soon as she was perswaded the King did not love her as his Spouse nor consider her as a Queen and by his Example the Pavourites despised her she then had so much resentment that she resolved to let all the world know that which hitherto she had hid with prudence and moderation The Queen used oftentimes to visit the Nunneries in the City and particularly that of Esperance of the Order of St. Francis in which were many Ladies of great Quality The 21th of November 1667 she left the Palace with her ordinary Train to go to this Covent So soon as she was entred there the first thing she did was to write this following Billet to the King which was carried to him by the Count of S. Croix I have left my Country my House and my Parents selling all my Goods that I might be your Majesties Companion not without a great desire of contributing as much as I was able to your satisfaction But whatever my endeavours have been I have not been able to compass it which has given me a mortal displeasure I will not therefore hide from you that I have resolved pressed by my Conscience to return to France in those Vessel● of War which are here I desire o● your Majesty that you will do m● the favour to grant me permission to execute this design and to ordain that my portion be returned since your Majesty knows very well I am no● your Wife I hope from the Greatness of your Majesty that you will no only not refuse me any of these Favours but that you will add yet a● those which a Princess and a Strange● may merit one that is abandon'd by all in this Realm one who hath com● so far to find your Majesty So soon as the Queen had sent thi● Billet to the King she sent for the Lad● of her Attire and her Maids of Honour and those Ladies that accompanied her to tell them her resolution o● staying in that Covent she declared to them that since she was not married to the King she was not Queen of Portugal and that they might retire themselves to their own Houses and sinc● Fortune did separate them she would all her life time remember the obligation she had to them and the passion they had testified for her in being Companions of her misfortune This resolution extreamly surpriz'd these Ladies and they could by no means be made to leave her staying there all that night and a good part of the next day At last there stay'd none in the Covent to wait on her but Dona Antonia de Silva her Lady of Honour and Dona Antonia Mauricia de Silva and Dona Isabella Francisca de Silva her Maids of Honour The Ladies however visited her in the Covent with the same exactness and assiduity as they had done when she was at the Palace The King had no sooner heard the Billet read which was sent by the Queen but he descended from the Palace and mounting briskly into his Coach caused them to carry him immediately to the Covent accompanied with all those who were to go with him on hunting for he was going to the Chase when he received this Letter from the Queen He made them knock at the Gate with fury when the Infante came thither with some Gentlemen to hinder any disorder The Queen was mightily surpriz'd at the innumerable crowd of all sorts of people who were got together and when she heard that he called for Harchets to break open the Gates she fell into a swound And the King had without doubt broke them open if the Infante with some Councellors of State and some Gentlemen had not diverted Him The King was so little concerned at all this that he forgot it when it was night for in the morning when he arose he ask'd as if there had not happen'd any thing extraordinary whether they had given Provendor to the Bulls which he always kept in the grand place of the Palace for sport The Queen the next day after her retreat sent to desire the Infante to come to her which he did with the Kings permission Having her self told him her resolution he answer'd her with all the tenderness that her Quality and the deplorable Condition which she was reduced to required After finding the King he saw he was extreamly anger'd at the motion of her retreat and he would maintain with much passion and in very dishonest terms that he was more a man than they thought for The Queen having at the same time caused the Councellors of State and the most considerable Officers of the Crown to be called she declared to them the cause of her retreat into that Covent and the resolution she had taken to return into France after that she had made her Marriage to be declared null by the care of the Duke de Cadaval her Procurator then she wrot to the Chapter of the Cathedral Church in Lisbon this which follows I am removed from the Company of King whom God preserve because that the Marriage which we have contracted together hath not had any effect I have dissembled hitherto the scruples which have troubled my Conscience because of the kindness I have for the State which is most worthy of it But I cannot longer support it I hope that the King as an irreproachable testimony of that which I have affirm'd will confirm it to the end that I may be able to retire into France with freedom and I pray the Cahpter to whom it belongs to judg of this matter that they will do it with all the diligence possible and to favour in all that shall be just a stranger sensibly touch'd with the unhappiness of not being able to stay in a Countrey which she had come so far to seek with an extraordinary contentment for which the Chapter may assure it self with all imaginable confidence that in what-ever prrt I shall go I shall shew my Acknowledgments Maria Frances Isabella of Savoy This Letter having been read in the Assembly of the Chapter they made to it this Answer Your Majesties Letter of the 22th of this month hath been read in this Chapter with very much grief because by it we understand the resolution that your Majesty hath taken of retiring your self into a Nunnery and from thence to return into France abandoning Portugal where your Majesty is so much loved and rever'd and that your Majosty has demanded from us an Ecclesiastick Judgment for the dissolving the Marriage contracted between our Lord the King and your Majesty Madam the ordinary proceedings of Justice which are granted to private persons may not be refused to your Majesty when things are come to a certain point Nevertheless there are so many
circumstances in this business worthy of examination that we demand permission of your Majesty before we enter upon this examination to recommend it and to cause it to be recommended to God that he may be pleased to guide us according to those pious intentions which shall be for the universal good of the State and for the conservation of your Majesty whom we pray the same God to keep and to whom we all wish long and happy Years The Queen sent into France to give notice of the estate of Affairs by Monsicur Verjus Envoy in the Court of Portugal on the part of the Princes of the House of Vendosme a Gentleman very much esteemed for his Worth and for his rare Accomplishments So soon as this Process was begun to be framed and the King's inability became to be publickly talk'd on and of which no body doubted the people began to wish that the Infante might Espouse the Queen And this desire was grounded vpon very many Reasons but chiefly on the Virtue and the prudent Conduct of this Princess which had gained her the Esteem of all the People And moreover this Marriage was not without example since that in Poland John Casimir had succeeded to the Crown and to the Wife of Sigismond Casimir his Brother and the City of Lisbon heretofore desired that the Queen Dona Eleanor Widdow of the King Don Emanuel should be Married to King Joh. the 13 th his Son so that after the dissolution of the Marriage of the King and Queen there might be a Marriage between the Infante and the same Queen Monsieur Verjus having made known the Estate of this Affair to Monsieur the Cardinal of Vendosm ●ogat in France for Clement the 9 th he obtained a Dispensation for the Prince Don Pedro and the Queen in case the first Marriage was adjudged null Although the King had knowledg of all these Negotiations they were not able to make him consider with himself But on the contrary he acted and spake with so much indiscretion that there was no body who did not believe they ought to employ these last remedies against his ill Conduct This so urgent a necessity obliged the Councellors of Estate the Nobility and People of Lisbon to conjure the Infante that he would take upon him the Regency because the Kingdom was in War and full of Troubles the King incapable to govern and the Queen retired into a Nunnery and therefore there was great reason to substitute the Infante in the place of the King The Common Council of the City and of the Four and twenty having sent their Deputies to the Infante to demand of him permission to proclaim him Regent in the Palace and if he would not yield to it they would do it against his mind he answered them that they should deliberate whether it would be convenient they should accompany him to the Palace The Marquess of Cascars thrust on by his Zeal and his Age went the next morning to the King when he was in his Antichamber the Grooms of the Wardrobe told him he was yet in Bed but approaching to him told him it was time for him to awake and if he didnot leave that Lethargy out of which he had awaked him he would in a very little time lose a Kingdom which he had already ruined by his negligence and incapacity that it were better to do that of his own motion which he would be made to do by force That he should send to seek for the Infante his Brother and to put into his hands the Government which was the only way he had to conserve the Crown This Remonstrance was immediately followed by that of the Counsellors of State who made theirs publickly to him and represented to him that after he had left the Government of the State to his Favourites who had ruin'd it he at present had abandoned it altogether there being none that would intermeddle with it unless he himself would act in it But he was nothing moved neither with the one nor the other which obliged the Duke de Cadaval to press the Infante on the part of the Counsellors of State to go to the Palace to begin his Regency Novemb. 23. 1667 the Infante accompanied with the Common Council of the City the Chamber of the Four and Twenty the Nobility and an innumerable company of people entred into the Gallery of the Palace and from thence he entred with the Counsellors of State into the Antichamber of the King where after a short Conference had together they Arrested the King in his Chamber by making fast the doors without touching him any other way The Infante presently named for Secretary of State Dr. Pedro Vieira de Sylva who had been Secretary to the King Don John and to the Queen Mother who having taken his place the Motives of this change were read and approv'd of in the first Assembly of the Council of State The next thing agitated was in what place they should put the King and after what manner he should be served It was then concluded he should be kept in his Apartment and serv'd by those persons who should be most agreeable to him and that he should want nothing either for his necessity or pleasure or the Dignity of his Character But he treated with so much cruelty those who serv'd him that divers Gentlemen came to excuse themselves from the Employment But whilst the Infante was yet in the Council of State Antonio Cavide brought to him this which was wrote in his own hand and signed by the King Our Lord the King having regard to the Estate in which now the Kingdom is and to what hath been represented to him by his Ministers and also to divers other things and reasons of his own proper motion and by his Absolute and Royal Authority and for the advantage of his Realm doth dismiss himself and resign in favour of the Infante that he may possess the Realms in the same manner as he did and his Legitimate Descendants after him declaring that of all the Revenue belonging to his Crown he reserves to himself two hundred and seventy thousand Livres of yearly Rent of which he may also dispose for ten years after his death and moreover he doth reserve to himself the House at Bragansa with all its dependances In the Faith of which and in assurance that what his Majesty hath Ordained shall be executed and observed he hath enjoyned me to draw up this present Act which he hath signed Antony Cavide done at Lisbon this 23d November 1667. The King The Infant having granted to the King all that he demanded they expedited the Dispatches necessary for it but he would not accept the Crown of which the King would have made a Cession As they had judg'd it convenient that the King should not go out of the Palace the Infante resolved to stay there also with those Councellors of State and a great part of the Nobility and People who would not
the Prince made once more an attempt upon him but he was no more to be shaken now than he was at other times he only let the Three States know that on the 9th of June 1668 He would take his Oath to maintain the Laws of the Realm and he would then receive from them theirs of Fidelity This day being come they all Assembled in the Great Hall of the Guards where that Ceremony was done with all the Pomp requisite thereunto and the Prince took his Oath in these Terms I do swear and promise the Grace of God assisting to rule and govern well and Equitably and to administer to you Justice in all Cases as far as the frailty of Humane Nature will permit and to keep and preserve your good Customes Priviledges Graces Recompenses Liberties and Franchises which hath been given granted and Confirmed by the Kings my Predecessors And the Three States of the Realm took theirs in these Terms We swear upon the holy Evangelists which we touch with our hands that we do acknowledge and receive for our Governour and Regent of these Realms because of the perpetual Impuissance of his Majesty as we have adjudg'd the most High and most Excellent Prince Don Pedro Legitimate Son of the King Don John the Fourth and of the Queen Dona Lewysa his Wife Brother and Curator of the most high and most excellent King Don Alphonso the sixth and his True and Natural Successor to these Realms And as the True and Natural Subjects as we are of the Prince Don Pedro we make to him Faith and Homage in the same manner as we have made to the King Don John the Fourth his Father and to the King Don Alphonso the Sixth his Brother whom we do at this present deprive of his Government because of his Incapacity with the same Jurisdiction Power and Authority that any of the Kings and Lords of this Crown have ever had and wee will obey fully and wholly all his Orders and Judgments be they high or be they low Jurisdictions and we will make War with his Enemies for him and entertain Peace with his Allies as it shall please him without obeying any other King but him All this abovesaid we swear to before God by this Cross and by the Holy Evangelists which we touch with our Hands to observe on our parts fully and wholly And as a Mark of our Submission and Obedience and of our acknowledging his Royal Soveraign Jurisdiction we kiss the Hand of his Highness here present These Oaths being made all the Dispatches began to be expedited in the Name of the Prince as Governour Regent of the Realm in the same form as had been formerly done when the Infante Don Alphonso Count de Bologn was made Governour of this same Realm because of the Incapacity of his Brother having been acknowledg'd for such by the Kings of France Spain and England at whose Courts his Embassadors and Envoys had been received with all the prerogatives which they had given to Kings After this Act the Three States continued to deliberate about the Affairs of the Realm until the First day of August 1668. when they separated This change was approved of by all the People excepting some persons who had no reason to approve of it because of their Interest In truth the deposing the King Don Alphonso was maintained not only by those Reasons which have been rehearsed but for many others which they were willing to have Concealed besides the same thing hath happened heretofore in Portugal in the Person of Don Sanche the Second In France in that of Childerick Philip and Theoderick In England in that of King Edward In Germany in that of Charles le Gross In Denmark in that of Christian In the Realm of Naples in that of Charles and in many other Kingdoms As soon as the Prince and the Princess had Consummated their Marriage in good earnest which they had made by Virtue of the Dispensation which they had obtained of Monsieur the Cardinal of Vendosme Legat a Latere in France to the end that there might remain no scruple they sent Father Francis de Ville Jesuit to Clement the 9th to supplicate on their part that he would Confirm this Dispensation His Holiness having received this Request as a Testimony of respect render'd to the Holy Sea he ordained with his Paternal Love That they should expedite this Brief with this Superscription To Our Well-Beloved Sons Deigo de Sousa Chief Inquisitor in the Inquisition against the Hereticks in the Realms of Portugal and Algarves Antony de Mendosa Commissary-General of the Bull of the Croisaide and Deputy of the Inquisition Martin Alphonso de Mello Dean of the Metropolitan Church of Evora also Deputy of the Inquisition Lewis de Sousa Dean of the Church of Porto and Emanuel de Meneses Arch-deacon of the Metropolitan of Evora Clement the 9th Pope Sends Health and Apostolick Benediction to Our Well-beloved Sons The Charge of Pastor which God hath given to us Commands us that according to the understanding which he hath granted us we should provide according to the Laws of Justice and Prudence repose to all the faithful Servants of Jesus Christ and chiefly to the Great Ones And because we have understood by the tenour of a Request which hath been presented to us a little while since on the part of our Son in Jesus Christ the most Beloved and most Noble Don Pedro Prince of Portugal and of our Daughter in Jesus Christ the most Beloved and most Noble Maria Isabella de Savoy Dutchess of Nemours That the said Princess after she had contracted a Marriage with our most Dear Son in Jesus Christ Alphonso the Illustrious King of Portugal and Algarves and lived with him about the space of six months as his Wife during which time she perceived his perpetual inability to consumm●● the said Marriage being pressed in her Conscience she hath been obliged to cause the said Marriage to be adjudged Null beginning her Process the Sea of the Archbishoprick being vacant before our Well beloved Sons the Vicar of the Chapter of the Metropolitan Church of Lisbon lawfully deputed and the Chapter and the Cannons of the same Church who hold by reason of the said vacancy an ordinary Jurisdiction and before several other Judges named by the same Chapter joyntly with the said Grand Vicar of the Chapter to the end that they might be the better instructed in that Affair and that they might deliberate thereon more maturely by whom there was given a Sentence that declared the said Marriage Nul because of the aforesaid Impotence which Sentence having been read and shewed to the King Alphonso was approved by him by word of Mouth and by Writing Moreover the aforesaid Princes Mary Isabel and the aforesaid Don Pedro Brother of the aforesaid King Alphonso being willing to Contract a Marriage together at the Requests of the States of the Realm who were at that time assembled at Lisbon to the end that
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
particular Power thereto from the Holy Sea Given at Paris in the Year of our Lord 1667 the 17th of the Calends of April in the First Year of the Papacy of our Father the Pope Lewis Cardinal de Vendosm Legat. De Lione Protonotary and Datary Apostolique The Reasons of the Nullity of the Marriage of Don Alphonso the VI. King of Portugal and the Validity of that of Don Pedro's Prince of the Realm presented to Pope Clement the IX THere are Three things to be Considered in this Business of the King and the Queen of Portugal I. That which passed in the first Marriage with the King Alphonso II. The Nullity of that Marriage III. The Queens second Marriage with the Prince Don Pedro. In the First it is to be Considered as follows 1. That the Marquess of Sande who was sent Ambassador into France to Treat of the Marriage of the King Don Alphonso his Master having before he went from Portugal told the Count de Castlemelhor the Chief Minister of State the scruple of his Conscience and the Politique Consideration that he had to go Treat of a Marriage for a Prince who was commonly said through all the Kingdom not to be capable ever of having any Children unless that he should have before-hand some assurance to the contrary that he might deceive said he neither his own Conscience nor the Kingdom nor the Princess who should take his word The Count answered him rudely in these Terms as the Marquess declared since and as it appears by the Depositions I am astonished Sir said he at the Doubt that you make and I am surprised that you do not know that the Girl which is bred up at my House is the Natural Daughter of the King Which the Marquess believed but it was found to be false since by the Deposition of the Mother of the Girl who being called to declare upon Oath in Court though the same Count had done all that he could possibly to oblige her to say that she had that Child by the King Yet moved by the Truth and by the remorse of Conscience she declared that it was false and that the Girl was one of his Cousins whom she named to the Judges And besides in all the Conversation she had with the King she never found that he was capable of doing the Venereal Act and that by Consequence he was unable for Marriage and uncapable ever of having Children 2. That seeing the Incapacity and Inability of the King Alphonso the Queen his Mother who knew the thing well enough having made a secret Consultation with his Physitians as may be seen by the Papers and Depositions was resolved to let the Scepter fall into the hands of the Infante her second Son at this time Prince Regent to the end lest in default of a Successor it should fall again a second time into the power of the Spaniards but this she had not been able to Execute 3. That the King Alphonso himself when they went about to Treat secretly of his Marriage and to send for that end an Ambassador into France he was very hardly brought to resolve upon it and avowed to his most intimate Friends that he never had any intention to Marry and should never consent to it but because the Count and his Friends had represented to him that the People seeing themselves deprived of the Hope of seeing him ever to have any Lawful Successor would not suffer him any long time upon the Throne and that they would soon make the Prince his Brother to Marry and to Reign in his Place But although they might attribute this Aversion which the King had for Marriage to the Liberty in which he had been brought up and to the continual Practises which he had with the most loose and debauched Women from whom one might say he would not be obliged to separate by Espousing so Chast and Honest a Princess as the Queen It is however much more probable that it should be attributed to the knowledg he had of his own Impuissance and Inability for Marriage which would make him pass the rest of his Days in a continual Repentance as he hath since said to one of his Domesticks blaming the Count and his Friends for having forced him contrary to his Will to Marry and by consequence to be exposed to the Affront which he hath received by the Sentence of the Nullity of his Marriage 4. That the first time the King lay with the Queen which was three or four Days after she arrived in Portugal his Impotence was well known to that Princess notwithstanding her Innocency and although she was Ignorant of things of that nature so that her Confessor who saw her extremly Melancholly and who feared with reason the truth of that which they had talkt of having taken the liberty to ask her in the time of Confession with all the Modesty and Honesty and Trust which his Charge permitted him if that which had been reported had any Ground or Appearance of truth or if she had any hopes to see soon any Fruits of her Marriage She gave him such an Answer as may be seen in those Papers but it was after such a manner that she let him know she judged already of the Condition of her Marriage and of the Inability of the King to get Children 5. That although the Queen since her Arrival in Portugal had been continually Reproached by the King and his chief Ministers and that she had always received very ill Treatments as all the World knows and which is not necessary to be put here in Writing Her Majesty nevertheless had never made any Complaint and had never witnessed any Resentment being on the contrary resolved to Live with the King her Spouse as if he had been the most Accomplished and the best Husband in the World if that she had not believed for three sorts of indispensible Necessities that she ought to make a Declaration of it and to separate her self from his Company To wit 1. For her Conscience sake which without ceasing strongly perswaded her Majesty and urged her that after an Experience of Sixteen Months which was long enough and troublesome enough she might separate from the King without making any greater Trial her self knowing very well in this time his incurable Inability And having divers times consulted with her Confessor that she might Act with the more security in an Affair of so great Importance The same Confessor after he had maturely thought upon it and considered what she should do to satisfie her Duty declared before God That he knew nothing more but that her Majesty seeing that which had passed should no longer do Violence to her Consclence in Inhabiting any longer time with the King 2. For the necessity of the State and safety of the Realm which otherways was absolutely Lost and which her Conscience as well as the Affection that the Kingdom bore to her and which she ought to have for the Kingdom obliged her to