DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.47347#0074
58
HISTORICAL ESSAY ON
more appropriate expression; no occasion had yet occurred
for applying the auto acorda.do, nor for excluding the daugh-
ter of a king in favour of an agnate of a collateral line. At
any rate, it is certain that the object of the Cortes, in abro-
gating the auto acordado, was to establish its nullity; the
proof of this is, that the royal proposition of the 23rd of
September, 1789, which we shall presently give literally,
at the same time that it invites the Cortes to abrogate the
o
auto acordado, and to declare the validity of the ancient
laws, expressly specifies nullity and defect of forms as the
reasons for which this invitation is addressed to the Cortes,
in order to obviate the doubts, confusion, and discontent,
which might some day result from it.
We shall now examine, under the point of view of history
and law, the repeal of the auto acordado in 1789. The first
general Cortes that had been for a long time called together
on any other occasion than the accession of a prince, were
convoked by king Charles IV., father of king Ferdinand
VII. and of Don Carlos, and grandfather of queen Isabella,
by virtue of a decree of the 31st of May, 1789. On occa-
sion of this solemn convocation, the nation was apprized that
the deputies ought to be furnished with powers which should
authorise them to accomplish all the important acts that the
king purposed to submit to them *. The towns, perfectly
sure that very important questions would then be brought
forward, chose their deputies accordingly, and these met in
a mistake in the original text in Dr. Zopfl in quoting abrogation, for his reason-
ing applies to the modified expression.—Note by the English Translator.
1 It has been objected against the validity of the powers of the deputies, that
they were given solely for the purpose of acknowledging the prince of the Astu-
rias. It is true that there is no special mention of modifications of the funda-
mental laws, because the king, for political reasons, wished to keep that matter
secret; but the deputies were authorized to discuss every question, without dis-
tinction, which the king should submit to them ; a form of power which has ever
been considered in Spain as perfectly sufficient to enable the deputies to turn
their attention to the most important affairs of the state, and especially to the
fundamental laws relative to the succession to the throne.
HISTORICAL ESSAY ON
more appropriate expression; no occasion had yet occurred
for applying the auto acorda.do, nor for excluding the daugh-
ter of a king in favour of an agnate of a collateral line. At
any rate, it is certain that the object of the Cortes, in abro-
gating the auto acordado, was to establish its nullity; the
proof of this is, that the royal proposition of the 23rd of
September, 1789, which we shall presently give literally,
at the same time that it invites the Cortes to abrogate the
o
auto acordado, and to declare the validity of the ancient
laws, expressly specifies nullity and defect of forms as the
reasons for which this invitation is addressed to the Cortes,
in order to obviate the doubts, confusion, and discontent,
which might some day result from it.
We shall now examine, under the point of view of history
and law, the repeal of the auto acordado in 1789. The first
general Cortes that had been for a long time called together
on any other occasion than the accession of a prince, were
convoked by king Charles IV., father of king Ferdinand
VII. and of Don Carlos, and grandfather of queen Isabella,
by virtue of a decree of the 31st of May, 1789. On occa-
sion of this solemn convocation, the nation was apprized that
the deputies ought to be furnished with powers which should
authorise them to accomplish all the important acts that the
king purposed to submit to them *. The towns, perfectly
sure that very important questions would then be brought
forward, chose their deputies accordingly, and these met in
a mistake in the original text in Dr. Zopfl in quoting abrogation, for his reason-
ing applies to the modified expression.—Note by the English Translator.
1 It has been objected against the validity of the powers of the deputies, that
they were given solely for the purpose of acknowledging the prince of the Astu-
rias. It is true that there is no special mention of modifications of the funda-
mental laws, because the king, for political reasons, wished to keep that matter
secret; but the deputies were authorized to discuss every question, without dis-
tinction, which the king should submit to them ; a form of power which has ever
been considered in Spain as perfectly sufficient to enable the deputies to turn
their attention to the most important affairs of the state, and especially to the
fundamental laws relative to the succession to the throne.