DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.47347#0049
THE SPANISH SUCCESSION.
33
and liis direct descendants, and, in their default, the arch-
duke Charles of Austria, the emperor’s second son and his
direct descendants, and in their default the duke of Savoy
and his descendants. All this is confirmed and regulated
according to the ancient laws concerning the succession to
the throne of Spain. To obviate the doubt which might
arise relative to the right of the descendants of the elder
Infanta Maria Theresa, in consequence of her renunciation
of the throne, Charles II. remarked in his will that this
renunciation, as well as that of the Infanta Anne, wife of
Louis XIII., was solely designed to prevent the union of
the two crowns, that this fear no longer existed, and that
consequently there was nothing to hinder the nearest heir
from ascending the throne, according to the ancient Spanish
laws—a decision against which the policy of the great powers
would not be able to raise any objection b In case Heaven
should still grant him descendants of either sex, Charles II.
declared in the same will, that, conformably to the laws,
the eldest son, or, in default of a son, the eldest daughter,
should inherit the crown of Spain 1 2.
There was ground therefore for discussion, and a discus-
sion was actually raised and carried on by force of arms, in
the war of the Spanish succession, which broke out shortly
afterwards, as to whether Charles II. could thus annul the
renunciation of the Infanta Maria Theresa3.
1 See the second clause, Art. XIII. of the will.
2 See the same will, I. clause 12.
3 See the discussions on the nullity of the renunciation of the Infanta Maria
Theresa, which took place at the court of Madrid, and which are cited in the
Histoire des negotiations relatives a la succession d’ Espagne, by M. Mignet,
2 vols. 4to, Paris, 1835. We there find that Louis XIV. the moment Maria
Theresa had crossed the Pyrenees, refused to recognize the validity of her act of
renunciation ; that he never ratified it, neither did he permit the Infanta, his
wife, to ratify it, as had been done at the time of the marriage of Louis XIII.
with the Infanta Anne. Louis XIV. always alleged that this renunciation was
D
33
and liis direct descendants, and, in their default, the arch-
duke Charles of Austria, the emperor’s second son and his
direct descendants, and in their default the duke of Savoy
and his descendants. All this is confirmed and regulated
according to the ancient laws concerning the succession to
the throne of Spain. To obviate the doubt which might
arise relative to the right of the descendants of the elder
Infanta Maria Theresa, in consequence of her renunciation
of the throne, Charles II. remarked in his will that this
renunciation, as well as that of the Infanta Anne, wife of
Louis XIII., was solely designed to prevent the union of
the two crowns, that this fear no longer existed, and that
consequently there was nothing to hinder the nearest heir
from ascending the throne, according to the ancient Spanish
laws—a decision against which the policy of the great powers
would not be able to raise any objection b In case Heaven
should still grant him descendants of either sex, Charles II.
declared in the same will, that, conformably to the laws,
the eldest son, or, in default of a son, the eldest daughter,
should inherit the crown of Spain 1 2.
There was ground therefore for discussion, and a discus-
sion was actually raised and carried on by force of arms, in
the war of the Spanish succession, which broke out shortly
afterwards, as to whether Charles II. could thus annul the
renunciation of the Infanta Maria Theresa3.
1 See the second clause, Art. XIII. of the will.
2 See the same will, I. clause 12.
3 See the discussions on the nullity of the renunciation of the Infanta Maria
Theresa, which took place at the court of Madrid, and which are cited in the
Histoire des negotiations relatives a la succession d’ Espagne, by M. Mignet,
2 vols. 4to, Paris, 1835. We there find that Louis XIV. the moment Maria
Theresa had crossed the Pyrenees, refused to recognize the validity of her act of
renunciation ; that he never ratified it, neither did he permit the Infanta, his
wife, to ratify it, as had been done at the time of the marriage of Louis XIII.
with the Infanta Anne. Louis XIV. always alleged that this renunciation was
D