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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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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
permit him to go into the Province of Alentejo to exercise there the Functions of his Charge which obliged him to defend the State that his Mother the Queen had given him where he was under Age the Charge of Captain General and made the Marquess of Marialva his Lieutenant that he did not desire that employment but to shun the Reproaches of Forreign Princes who might accuse him of being unprofitable to the State in a time when he might render it good services and to draw him out of that languishing idleness in which he liv'd This Proposition made those who Govern'd the King to tremble and oblig'd them more than ever to look after their security They perswaded the King that the Charge of Constable was the step whereby the Infante would mount the Throne that to put Arms into his Hand was to put all things under his Discretion and under the pretence of using them to defend the State against the Spaniards he would serve himself with them to conquer Portugal for himself For this cause they resolved the King should not yeild the Infante this request yet however not declaring it so soon that they might weary his patience It was also resolved the King should consult upon that subject with every one of his Councellors in particular which was done with so much leisure that the Infante taking this retardment for a denial was sensibly touch'd for they had promised him at another time what they refused him now so that he could not resolve to stand with his Arms a-cross whilst he heard every-where the rumour of War In this time two of the Infante's Gentlemen were gone from him the Count de la Torre and the Count de St. John under pretence of exercising their Charges they had in the Army but indeed it was because they were fear'd by the Favourite Order was given to the first to go levy Soldiers in the Province of Estremadura and the other to command the Army in Tras os Montes As this Order was given in the heart of Winter the Infante knew it was done to cross him however he sent the King word that he was very joyful these two Officers were employ'd in his service These two Counts parting the Infante stay'd with the King continuing to render him an extraordinary submission The time came in which the King was accustomed to go every year to Salvaterre and the Infante demanded of him permission to take with him thither some Gentlemen besides his own but the King would not grant it As in the time of the late King the Prince Theodosius had the same liberty this refusal was very plain and had almost made him to shew his resentment The Count de la Torre who was executing his Orders at Santarem seeing himself so near to Salvaterre believ'd it was his duty to go thither as well to render an account of his Commission as to kiss the hand of the King and the Infante Those who had removed him from the Court under the pretence aforesaid were surpris'd to see him there and quickly sent him an Order to return to his Employment c. to say better to his Exile although that day by reason of ill weather the River was difficult and dangerous to be pass'd The Levies being made at Santarem he did not receive any Orders to return to Court but on the contrary was stayed there that he might be sent to the Algarves to govern that Realm and if he would not accept that Employ they had ordered him to be sent into Exile to Castromarins The King would they should have given him this Employ as a Punishment but the Favourites remonstrated to him that it were better to give it him under the colour of a Recompence but the Count d' Aveiras did avert this project at the entreaty of the Infante So that the Count de la Torre was permitted to return to Lisbon So soon as he came thither he went to kiss the Kings Hand and in their Discourse it chanc'd that in speaking of the Infante he nam'd him Prince the King told him that his Brother was not Prince only Infante the Count having alleadged some reason to excuse himself could not however satisfie him As it was put into his Head that his Brother aspir'd to the Crown he imagined that this quality was too near approaching his own and that it was in some sort to proclaim him King to name him Prince This apprehension although it were ill grounded was the reason the Infante was not so soon declared as he ought For with less reason they had done it to the Infante Ferdinand in the time of King Alphonso the Fifth and they had done the like to Don Jamie Duke of Braganza in the time of the King Don Emanuel and the Queen Isabella when they went for Spain to be declared Princes and Heirs of that Crown The Queen going some days after the King to Salvaterre found his humour more fierce than formerly as if the rudeness and savageness of that Country had conttibuted to it He treated her with so much inhumanity that he made not only her burst forth into tears but also all those that were present All the time the King was at Salvaterre he went but one time to the Chase which was the more taken notice of because of the great preparation that was made for that design His ordinary occupation or to say better continual was to go to the Quarters of his Patrovilles where he pass'd the most part of the days and nights in Musick Collations and other divertisements according to his humour These Excesses which he committed in this place and the evil treatments the Queen there received from him caused such a general dislike with all the people that there was no body that would take the pains to justifie him But that which most of all alarm'd the Favourites at this time was that very many people began to render their services to the Queen and to the Infante and to take their parts To prevent beforehand the mischiefs they saw to menace them according to the Maxim they had so well practis'd they order'd Lewis de Souza to go into the Bishoprick of Porto of which he was Governour and Don Lewis de Meneses to go raise Troops in the Country of Feira He having demanded what had been appointed for him for his Charge of General of the Artillery which he had exercised they refus'd it him and he could not touch five and twenty hundred Livres which they had consign'd him for that end The evil intelligence which they saw between the King and the Queen made them lose all hope of seeing Successors and made them very pressingly demand that without any delay they should endeavour to marry the Infante which could not but be most profitable for the State The Marquesses de Nizu and Sande represented so well the importance of this marriage that the Favourites pressed with the force of their Reasons perswaded the
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
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
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
five or six nights after which she promised that she would cause the King to return to the Queen after the same manner as before Things being in these terms and the Queen seeing no Remedy for these evils and dangers to which she exposed her self more and more every day believed that she could no ways save her Conscience her Estate her Repose nor her Honour but by declaring this which she had so carefully hid hitherto for the making null her Marriage And this is the Second Point which I have said is to be considered in the Dissolving of this Marriage being the manner in which they proceeded which we shall clearly and faithfully make known by these following Articles I. The Queen that she might withdraw her self out of the fear of those dangers which I have already spoken of and which were inevitable so long as she should continue in the Palace and being willing to make her Declaration with the security of her Liberty and her Life was resolved to leave it and to retire her self into the Covent of St. Claire called Esperance which is the most considerable and the best regulated in Lisbon and indeed she did as secretly retire her self thither as she could the 22 d of November 1667. 2. This Retreat of the Queen and the Declaration which she made the next Morning of the Motives she had thereto both to the Clergy Nobles and People which her Majesty had made to be called together for that purpose instead of surprising them as one might have imagined made them to make all at the same time one Answer believing very much that she had stayed there long enough and that they had long expected such a Resolution and they were not less informed than surprised at what her Majesty had so long suffered and had so long deferred that they approved of all she had done and intreated her that she would declare the Nullity of her Marriage which was so important and so necessary to the Health of the State but they would never approve of that which her Majesty spake of at the same time of returning into France because her Person and her Assistance would now be more necessary to them and more profitable than ever for the Realm and to save it from the dangers which threatned it when she was at Liberty And that all the City of Lisbon would testify the same general Approbation which they had given of her Retreat 3. The Queen the same day of her Retreat sent to the King by the Count de St. Croix Master of her House and a little after by the Bishop of Targa a solemn Declaration of that which she was obliged in her Conscience to say which was of the Nullity of her Marriage and most humbly to intreat his Majesty to permit that Affair so necessary to the Health of their Souls and to that of the Realm to be judged according to the Forms and Canons Ecclesiastique to the end that being free she might return into France with the good will of his Majesty and without losing his Favour To which the King answered by Writing signed with his own Hand and confirmed by Oath upon the Evangelists as may be seen in the Papers of the Process after he had consulted the Doctors and Divines whom he had called together for that purpose that he would Acquiess that by the sole motive of his Will and by the duty of his Conscience he declared by the Advice of the Theologists which were two Dominicans and one Jesuite that he did believe his Marriage with the Queen was Null because she being a Virgin he had never been able to Consummate the Marriage with her It is very true that the King was Arrested before he had made his Answer and Declaration to that of the Queens but it ought to be taken notice of First That he had before done it Verbally some time before his Detention in talking familiarly to one of his Domesticks who Deposed it afterwards Secondly That his Majesty was not yet Arrested when the Queen demanded that Declaration but after he had received that of the Queens he took two or three Days time to consult with the Doctors and Divines about what he should be obliged by his Conscience to answer It happened that the Night following he was Arrested by an Arrest from his own Council Thirdly That this Detention was neither Resolved nor made upon the Queens Retreat nor upon her Declaration no otherwise than if that had never been but for a necessity far different and more urgent than that so that the Declaration the King made some Days after that of the Queens and after he had taken time enough to think thereon and to satisfie his Conscience and to know the Thoughts and Resolutions of those Divines ought not to be reputed Invalid for want of Liberty or that he was Arrested for that Cause Fourthly That these Divines which his Majesty had Assembled did declare after they had heard him that he was obliged in Conscience to Answer as if he were at full Liberty and that there was nothing that should oblige him to conceal the truth as may be seen by their Depopositions Fifthly That since that when they had demanded of the King in divers Meetings if he Approved or Disapproved the Declaration he had made He always roundly affirmed it and with an Oath he Approved and Ratified it both for the discharge of his own Conscience and of the Queens And Lastly When the Judges Deputed by the Chapter to go to his Majesty to signifie the Sentence which they had given and which was pronounced for the Nullity of his Marriage did demand of him if he would Acquiess therein or whether he would Appeal He answered without Hesitation that he would Acquiess acknowledging they acted according to Justice as may be seen by the Acts of the Process 4. After so universal an Approbation given to the Retreat of the Queen the Council of State attending for the Assembly of the States of the Realm which should have been called together a Month before contrary to the mind of the King to remedy the Disorders of the Realm and of his Government seeing they were not able to Assemble so soon as those Affairs required and foreseeing otherwise all Portugal would be lost it they did not apply some speedy Remedy It was secretly resolved that the King should be Locked up in his Apartment with all the Civility that could be and to put the Regency and the Government of the Realm into the hands of the Prince until they should see what the States General would resolve of which was Executed without any Noise at Night on the 22d or 23d and the end of this Detention was to hinder the King from Flying away with the Count to the Fronteirs or elsewhere out of the Realm as they had understood he had Premeditated to do a Month before Or else seeing for the space of several Years the Misgovernment of his Majesty and since
should have the power to break it off Since there was not any Realm in the World but could shew Examples of the same thing That in Portugal the King Emanuel had Espoused Madam Leonora whom his Son John had thought to have Married that the Infanta Donna Beatrice Daughter to the King Don Fernand after she had agreed with Frederick Duke de Benevent as also with Duarte son of D' Aimond Count de Cambridg and promised to the Infanta John her Unkle after that to Ferdinand Son of John the First King of Castile was notwithstanding all this Espoused to the last That all the World knew that Mary Dutchess of Bourgoyn who had been promised to John and to Nicholas Father and Son Dukes of Anjou to Charles Duke of Guinne to the Duke of Savoy to Frederick Prince of Tarente Espoused Maximilian Arch-Duke of Austria and Emperor That they could not after all maintain with any Reason that to Consummate the Marriage of the King he must necessarily be Espoused to Madomoiselle de Bouillen But the Favourites seeing they were not able to change the mind of the Prince they made him be spoken to about it by the King determining with him the time and place for him to do it They two being together in their Seat on Good Friday though it was no place convenient nor which they had pitched on the King after he had entertained the Infante of many Indifferent things spake to him of this Marriage and reproached him that he had been willing the King should make the Match and that the Queen also had used her endeavours for it but the Infante lookt upon this Accusation but as a Calumny and justified both himself and the Queen As to that of his Marriage since it was not pleasing to God he should Marry contrary to his Affection his Majesty could not constrain him to it without offending him but the King not being able to suffer this resistance of the Prince told him that he would put him in the Tower To which he told him As he was King he might do it but yet although he had an absolute power over him ought not to make use of it to force his will or to do him out-rage On the next morning the Infante being returned to the Seat the King made new Efforts to perswade him But seeing he endeavoured it in vain he made the Secretary of State to tell Rodrigue de Meneses Simon de Vasconsellos and Rodrigue de Acunha that their Services should be no longer acceptable to him if they did not make his Brother change his Mind Rodrigue de Meneses would have made a Tryal on the Infante and rendred him an Accompt of what had passed but instead of hearing him he told him That the King might cut off his Head as well as of the meanest of his Subjects but he had not power enough to change his Heart That they should never make him to resolve upon that Marriage that not being the way to do it for in matters of Love the whole Soul becomes firm against Violence and the most sweet Spirits are provoked when they go about to force their Inclinations The Marquess de Sande before he went back into France to conclude the Marriage of the King spake to the Count de Castlemelhor about the report of his Inability but the Count told him it was an Imposture whether he was so perswaded indeed or whether he spake for his Interest against his Conscience is uncertain Whilst every one expected the good success of this Marriage that was negotiated and began before hand to tast the Joy of it there chanced a Subject of Affliction which troubled that Joy by the death of the Queen Every one was preparing their Habits to celebrate the Reception of the new Queen but were forced to turn them into mourning to honour the Funerals of the old She fell sick the 25th of February 1666 of a Disease that at first put her into extream Danger taking from her the liberty of Breathing She no sooner knew the estate she was in but she disposed like a most Christian and most Pious Princess of all things that concerned her after which she wrote to her two Children who were at Salvater in these Terms For the King My Son I am in such a Condition the Physicians doubt of my Life and I my self am very sensible that I have not long to live I have therefore resolved to give advice to your Majesty not knowing that time will permit me to do any thing else in a moment in which I ought to think on nothing but the health of my Soul and because I find it almost impossible to discharge it of that which presses it it is from you alone I expect this Comfort I believe I shall say all in saying I am your Mother and I hope all things of you if you would but remember your self of the duties of your Birth I attend Death amidst the Tears of those who have always followed me and as the loss which they will have by it is one of my greatest Greifs I demand of you that after you have acquitted your self of that which you owe to my Soul you will for my sake recompence the good Services which they rendred me and that you finish those Foundations which I have begun for God would have it so If I dy without seeing you I leave you my Blessing which is the only thing I have left me to give you assuring you that God will not require an Accompt of me for not at all times treating your Majesty as my Son From Xabregas the 26 of Feb. 1666 For the Infante My Son the Time I have to live is so short that every moment I am ready to expire I am your Mother and seeing I am upon the point of appearing before God I would not leave you without my Blessing I recommend to you always the Fear of God and the Obedience which you owe to your Brother in whom are all your hopes and in the end after my death be mindful of my Soul since you ow all things to my Love From Xabregas c. When the Infante heard these sad tidings he could not but by tears express his Greif but the King was very far from being touched with it and rallied his Brother for his tenderness and opposed his design of going away post Both of them answered the Letters of the Queen and sent her Word that they would come speedily to kiss her hand The Grand Master of the Kings House and the Super-Intendant of the Infante's carried their Answers The King made this Voyage with a great deal of delay going in his Brigantine he made many turns and returns upon the Water to speak words of Railery to the Boats and Barques he met with so that he arrived at the Quinte not till Saturday the 28th of February 1666 about eight a clock and it was not to be doubted but that this delay was a thing designed The King and
Kingdom as he might have done But on the contrary it was at this time that his modesty more apparently shew'd it self for seeing that the People redoubled their importunity to make him accept of the Scepter he redoubled his resolution to refuse it And indeed if under the Reign of the King Alphonso the Portugals had gained a Battle at Elvas another at Mount Elaros a third at Canal a fourth at Castle Rodrigo all the part that he had in it was under the Fortune of his Generals for the Marquess of Marialva the Count de Villaflor and Pedro Jaques de Magellanes had all that Glory But the Peace which was better than all these Victories since that it rendred to the Realm that Calm it had so long breath'd after was the work of the Prince Don Pedro more than of any of his Ministers In the mean time they went about to make the Marriage void before Francisco de Soto Major Bishop of Targa Coadjutor of the Arch-bishoprick of Lisbon the Doctors Valentine Fejo de Motta Vicar-General of the same Arch-bishoprick Pantaleon Rodrigue Pacheco nominated to the Bishoprick of Elvas in whose place after his decease they subrogated Antanio de Faria de Sylva Canon of the same Metropolitain Sebastian Denis Velho being Register to this Assembly After that upon the Report of the Coadjutor they had examined this Business according to the Laws they took the Voyces of those we have named publickly with those of Emanuel de Saldunha nominated to the Bishoprick of Visen Francisco Baretto nominated to that of the Algarves Pedro de Alaide de Castro Inquisitor of Conimbra Nuno de Acunha d'Eca Canon of the Metropolitan of Lisbon Gonzalo Peixoto de Sylva Canon of the said Cathedral Gaspar Barata de Mendosa Prior of the Church of St. Gracia John de Pasos Magelhans Prior of that of St. Julian and John Seraon Prior of that of St. Thomas all of them Judges named by the Chapter the Affair having been examined before them in private with much care and mature deliberation they pronounc'd this Sentence the 24th of Morch 1668. Upon the Report which hath been made in the presence of the Chapter in which there assisted besides the ordinary Ministers who compose it the Judges named by them to deliberate of the cause c. Having view'd the Acts and the Request of the Queen our Soveraign Mary Frances of Savoy which hath been here received and the Contestation by the Negotiation of the Promotor in default of the party in Form and stile the proofs having been verified the said Princess hath let us know that she was Contracted in Marriage in the Face of the Church with the most SerenePrince Don Alphonso the Sixth King of Portugal on the 27th of June 1668. in the City of Rochel in the Kingdom of France from whence the said Princess being come into this City she hath here lived in the Palace Royal with the King her Spouse for the space of six Months leading with him a Conjugal life but dureing this time it appear'd they two having tryed to Consummate the Marriage they could not effect it although they had used all their Care and diligence requisite thereto and this because of the Inability of the Prince which proceeded from an Infirmity which he had in his Infancy and which is at present altogether incurable Which doth more than sufficiently justifie them by those means approved of by the Canon Law so that the Impediment is held at least to be morally assured after which there is no need of Inspection nor of greater proofs as that of three years or of any other Arbitrary Term. All this having been examined by all the Acts Conformable to the Laws it is Judged That the Marriage between the said most Serene Prince and Princess was Contracted in Fact and not in Law and that it is declared Nul and that the said Prince and Princess may dispose of their persons as to them shall seem good and make a division of their goods according to the form of their Contracts This Sentence having been pronounced the Saturday before Palm-Sunday the Queen sent to declare to the 3 States the Resolution she had taken to return into France demanding at the same time that they would restore to her the dowry she had brought with her The 3 States having understood this News with much trouble and considered that this Princess for the Rare perfections of Mind and Body which Heaven had bestow'd upon her and for other considerations was most worthy of the Prince Don Pedro each of the States made a Memorial which they sent to him representing the Reasons which made them desire this Marriage The Common Councel of the City of Lisbon having done the same thing the Prince answer'd to them all That he was ready to do what should be Judg'd best for the Interest of the Realm After that the ThreeStates had received this Answer they and the Common Councel of the City went to make the same Petition to the Queen that since the Nullity of her Marriage the Portugals did desire she would espouse the Prince and they hop'd the felicity of this second Marriage would repair the misfortune of the first in giving them Successors to the Crown This Princess being touch'd with the violent passion of the People of the Realm and not being able to resist their pressing desires was willing to Content them by renouncing her own Country After this the Prince gave Notice of this Proposition to the Councel of State who not onely approv'd of the Marriage but they besought him that he would instantly accomplish it For this end the Marquess of Nisa and Don Rodrigo de Meneses were named Proctors for the Prince and the Duke of Cadaval and the Marques of Marialva for the Princess who drew up the Articles of Contract between them But when this Marriage was divulged there began to arise a doubt if with Reputation this Contract might be lawfully and effectually made and consummated without a dispensation But as they had chosen a great many Learned persons to resolve this Question Monsieur Verjus arrived from France with the Brief of Dispense which took away all doubt and scruple that they might have about it So that the Marquess de Marialva as Proctor for the Prince and the Duke de Cadaval as Proctor for the Princess were by vertue of the Brief and their Procurations espoused by the Bishop of Targa in the Oratory of the Palace and on the second of April which was the next day after Easter a little after Noon the Prince accompanied with his Grandees and all the Lords and Noblemen of the Court went to the Queen in the Covent of Esperance from whence they went to the Quinte of Alcantara followed by innumerable multitude of People who witnessed their good Will to this Marriage where they received the Nuptial Benediction by the hand of the same Bishop After this those who had been of the Opinion for the Crowning
Act be performed which gives equally a Title both in regard of the Present and of Posterity That by Virtue of the Testament of the King the States had given the Government to the Queen and had put into her hands the Seals to which is tyed the Royal Power which if his Majesty should exercise without them he would do Violence to the Laws and Justice That those who should yield him Obedience would do it rather for fear than by reason because although the Crown did belong unto his Majesty the Queen his Mother nevertheless as Regent had the Royal Power in her hands so that if they owe an equal respect to both their Majesty's they owed only their Obedience to the Queen That he would not chang a Custom which had been always inviolably observed It was not reasonable his Majesty should take the Government by force since the Queen desired with so much passion to surrender it to him that besides the Violence so contrary to the good hopes they had conceived of his Reign it would lessen his Reputation not only in his own Kingdom but with Strangers If his Majesty doubted of the Sincerity of the Queen he should send one of his Gentlemen to look in the Cabinet belonging to the Secretary where he might see all the Orders necessary for the formalities of that Ceremony And since these Orders did manifestly make known the Queeens Intention his Majesty ought to follow his Councel and to return to the Palace where the Business should be done not only with all necessary Congruity but also with an universal Applause That that manner of acting will be beneficial to all the people and especially to those who are nearest to his Majesties Royal Person who were obliged above all the rest to give good Councel to his Majesty which he hoped from all those who were present The Ministers of State touched with the force of these Reasons all of them became of the Secretaries Opinion and omitting what they had before said to the contrary thought of another thing That the King should send to demand the Seals by the Secretary himself and having them once in his hands he might continue his Government and no body be able to say any thing against it Upon this the Secretary replied That he had not Authority enough to demand them and the Queen ought not to render them unless it should be to the King himself without the interposition of any Minister That his Majesty ought not to undertake any thing against Justice and good Order he should not at least do it if he would follow his Councel As it was not the King who did decide these things he would not determine for either side but told the Secretary he should attend and within a while he should receive an Answer upon which the Councel broke up But after that the King asked the Secretary in private If he would assure him that the Queen would in good earnest resign up the Government To which the Secretary answered That indeed it was impossible for him to make such a Promise since he was not able to answer but for his own proper Actions however he was perswaded the Queen would execute what she had promised provided his Majesty would return to the Palace The Favourites did not hold themselves satisfied with what the Secretary had said The King once again sent for him back and ordered him he should go to the Palace and assoon as he should come thither he should write a Letter signed by the Queen which should in express terms signify That she would the first day he arrived remit to him the Government promising so soon as he had received that Letter he would return to the Palace as the Queen did desire So soon as the Assembly was finished the Infante took leave of the King and went to the Queen to whom he rendred an Accompt of that which passed in his presence The Secretary also having told her the order he had received from the King she was resolved to execute it After which he retired home to take order in some Affairs and did not return to his Office till night to write that Letter which was demanded He had hardly begun to write when the Count de Pombeiro arrived from Alcantara with order to know the Queens mind from her own mouth Being entred into the Secretaries Room he told him That the King and Councel doubted the success of that Affair because of the delay of the Letter which he had made them hope for and which they had waited for with much impatience that all that which he had said was but an Artifice to engage the King by his return to the Palace to perpetuate the Regency of the Queen That it was absolutely necessary speedily to carry a Remedy to that Suspition to put some stop to the Violence of the King which was almost upon breaking forth But the Secretary having told him the Reasons which caused the delay of the Letter which he complained of he made an end of writing it which being signed by the Queen he put it into the hands of the Count who carried it to Alcantara where being opened they found these Words Most high and most puissant Prince c. To morrow at ten a clock the Tribunals shall be advertised to assemble to the end that in their presence I may remit to you the Seals and the Government of all your States in the accustomed manner I pray you earnestly that you will be there Most High and Mighty Prince c. So soon as this Letter was sent the Queen gave order for all Preparatives necessary and sent to advertise all those who ought to assist at this Ceremony to the end she might do it with all the Authority and Demonstration of Content that so considerable an Action required The Reading of that Letter calmed the Spirits a little at Alcantara and it was resolved by the King that he would be with the Queen at the time appointed The 23d of June 1662. the King being within a Month of Nineteen Years of Age came from Alcantara to Lisbon accompanied with all the Nobles and followed by a great Concourse of People The Infante was yet in his Palace for he had not got ready his Coach soon enough which obliged him to send to tell the King as he passed by that his People were he cause he could not come sooner to him which he pray'd him to excuse and not stay for he would follow him The King having consulted thereupon those who were about him ordered that they should pass before the Infante's Palace which he seeing from the Window immediately went down to the King and going into his Coach they went strait to the Palace by the New-Street that they might make their entry by the great Place where being arrived they went up into the Chamber where the Queen was and and then being placed the King at her right and the Infante at her left Hand all the