DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.47347#0072
56
HISTORICAL ESSAY ON
was to have rendered unassailable, or to modify them in
any manner without having obtained the consent of the
Cortes, without observing the formalities required for modi-
fying a fundamental law. Instead of pursuing the legal
course, Philip V. took pattern from his grandfather, Louis
XIV. His motu proprio, and the words with which it con-
cludes : “ This is my will,” were, according to him, to stand
in lieu of legal formalities and the consent of the Cortes.
We abstain from passing any opinion upon this conduct:
we leave the reader to decide if the appellation of legal
measure can be given to the abolition of a fundamental law,
existing for ages, and declared inviolable by the oath of the
king at the time of his accession, by a mere act emanating
from his sole will. If it is not so, it is evident that this law
could not be abolished by Philip V. Accordingly, the act
of this monarch is null in principle; it destroys no ancient
right; it establishes no new right.
It is true that the advocates of Don Carlos have always
alleged that the auto acordado was enacted with the consent
of the Cortes. But if we follow history step by step with
attention, we shall not be able to discover any where
the least trace of the execution of the necessary legal for-
malities. We must, therefore, persist in our opinion, that
the auto acordado is a nullity, so long as our adversaries
cannot oppose to us facts which we have hitherto sought in
vain in the writings of those who defend the claims of Don
Carlos. But these facts have never existed. We are at no
loss, therefore, to guess why the partisans of Don Carlos
pass so rapidly over such an important point; why they never
enter into any particulars of the facts, and admit the legality
of the auto acordado as a necessity of their reasoning.
But let us now quit this point. We know with what
respect we ought to treat the acts of a sovereign, even when
we cannot forbear doubting their legality. We shall, there-
HISTORICAL ESSAY ON
was to have rendered unassailable, or to modify them in
any manner without having obtained the consent of the
Cortes, without observing the formalities required for modi-
fying a fundamental law. Instead of pursuing the legal
course, Philip V. took pattern from his grandfather, Louis
XIV. His motu proprio, and the words with which it con-
cludes : “ This is my will,” were, according to him, to stand
in lieu of legal formalities and the consent of the Cortes.
We abstain from passing any opinion upon this conduct:
we leave the reader to decide if the appellation of legal
measure can be given to the abolition of a fundamental law,
existing for ages, and declared inviolable by the oath of the
king at the time of his accession, by a mere act emanating
from his sole will. If it is not so, it is evident that this law
could not be abolished by Philip V. Accordingly, the act
of this monarch is null in principle; it destroys no ancient
right; it establishes no new right.
It is true that the advocates of Don Carlos have always
alleged that the auto acordado was enacted with the consent
of the Cortes. But if we follow history step by step with
attention, we shall not be able to discover any where
the least trace of the execution of the necessary legal for-
malities. We must, therefore, persist in our opinion, that
the auto acordado is a nullity, so long as our adversaries
cannot oppose to us facts which we have hitherto sought in
vain in the writings of those who defend the claims of Don
Carlos. But these facts have never existed. We are at no
loss, therefore, to guess why the partisans of Don Carlos
pass so rapidly over such an important point; why they never
enter into any particulars of the facts, and admit the legality
of the auto acordado as a necessity of their reasoning.
But let us now quit this point. We know with what
respect we ought to treat the acts of a sovereign, even when
we cannot forbear doubting their legality. We shall, there-