to the Catholick Kings, because every Oaths given unto an Usurper in reciproeall; and
saillng on th' one side, th' other is at liberty; And then shewed wherein the said kings
had, in many respects, fallen from that which they had promised, and sworne in the said
publick, and Solemn[nl]e Assemblies of their Parliaments.
And as to th' Objection of the said 60 years possession which the said Kings had of the
Kingdom of Portingale, he answered, that 60 years time sufficed not for a Prescription,
which was not accomplished under 100 years, and although it were, yet had the Catholick
Kings no manner of advantage by it, their possessions being very wrongfull, the first
of them having by upon force usurped the kingdom before he would come to any tryall
of his right unto it, and his Sonne, and Grandsonne having succeded him in the same
unjvst and wrongsull course.
In the end, he shut up his discourse with this conclusion, That the King his Master
having all this right unto the possession of the Kingdom, he had also a capacity of
sending an Embassadour to his Hollnesse, who likewise was bound to receive him with the
same ceremonies wherewith he entertained the Embassadours of other Christian Kings
and Princes, without valuing the contradiction of the Christian Ministers, the holy
Apostolick See being wont to respect onely the possessions of kingdoms: The which
he proved by the l ke answer given by the Pope Pins Sceundus, in the Town of Siena,
to th' Emperour Frederick the Third, complaining that his Holinesse had received Embassadours
from the King in possession of Hungarie. The King of Portingale having no
other end in his Embassage but to assure the holy See of his Submission and Obedience,
where unto his Holinesse might force him if he should neglect or delay to tender the
same.
These Reasons, and others of the like alley, were of such aforce, and wrought such
effect in the Court of Rome, that there was no man doubted either of the Piety of his
Majesty of Portingale, of the right which he had in the possession of his Kingdom,
in so much, as the Castilians themselves, durst not publish any thing to the contrary.
In the mean while, after some other conference, the Cardinal Barbarian made this Answer
in his Holinesses name, That the Obedience which the King of Portingale had sent
to signifie unto him, was more in Words then Effects; shewing himself rebellious enough,
when there was occasion for him to give proofs thereof, seeing that the continued
the Detention of the Chapels which had been usurped from the Holy See within Portingal,
to the violation of Ecclesiastical Immunities. And that he refused to give him the
just satisfaction which he expected for the Expulsion of the Bishop of Nicastro (the A. postolical
Collector) whereof the said Detention had been the cause. Moreover, that
he had newly scandalized all Christendom, by imprisoning D. Sebastian de Netogna,
Archbishop of Brague, and Primat of Spain, whereas he should have restored unto
the Church the Goods which were violently taken from him; and set the said Archbishop
at liberty, or, at the least, have sent him under Guard unto his Holinesse: whereunto
the Agent replyed, That the Bishop de la Meguis Commission gave him no surther
power then to kiss the feet of the supream Bishop in the King his Majesties name,
with assurance of his obedience unto him, and not to resolve these Difficulties which had
not been fore-seen. Neither could they hinder the Execution of his Embassage, more
then the act of a voluntary submission, which was not subject unto any charge: and
yet, that the said Bishop, knowing well his Kings devout respect unto the Apostolical
See, assured himself the should satisfic these two Propositions in manner following:
And First, as to the said Chapels, that he should procure his Majestic, to vouchsafe
to yeeld unto an Accommodation favorable unto the Church, so as his Holinesse would,
to that purpose, be pleased to send a Nuncio into Portingal, as it had been practised
upon the like occasions, during the Pontificate of John the 21th. and Sextu[nl]s the 4th. &