DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.47347#0076
60
HISTORICAL ESSAY ON
of several years, the right of the Infantes of the nearest line
was acknowledged, and Philip V., who was its representa-
tive, was seated on the throne of Spain.
“ In the succession of queen Isabella the Catholic, means
were found, in spite of the wars and troubles excited by the
disaffected, to form the great monarchy existing at this
day, uniting the kingdoms of Castile and Aragon by the
marriage of the queen with the king Don Ferdinand of
Aragon.
“ A similar case had occurred at the time of the accession
of queen Doha Berenguela, mother of St. Ferdinand, by
her marriage with Don Alonso of Leon: the crowns of
Castile and Leon were at that period united for ever.
“ In short, the experience of so many centuries has shown
that in Spain it is expedient above all things to preserve
the ancient laws, and the immemorial custom prescribed in
law 2, tit. 15, partida 2, that females of the nearest line and
degree should inherit the crown in the order fixed by the
same law, and that the male children of a more distant line
and degree should never be preferred to them.
“Though, in 1713, there was an intention of changing
this regular method, from motives connected with the cir-
cumstances of that time, which no longer exist, the reso-
lution of that date cannot be considered as a fundamental
law, because it is contrary to that which existed and which
had been sworn to, and because the kingdom had neither
been consulted nor had to discuss so important an alteration
in the succession to the crown as that whereby the nearest
male and female lines were excluded.
“ If a radical remedy were not applied to this alteration
in the time of peace which we at present enjoy, there would
be reason to apprehend, in time to come, wars and disturb-
ances similar to those which took place at the period of the
succession of Charles II., calamities which we shall avoid
by commanding the observance of our ancient laws and
HISTORICAL ESSAY ON
of several years, the right of the Infantes of the nearest line
was acknowledged, and Philip V., who was its representa-
tive, was seated on the throne of Spain.
“ In the succession of queen Isabella the Catholic, means
were found, in spite of the wars and troubles excited by the
disaffected, to form the great monarchy existing at this
day, uniting the kingdoms of Castile and Aragon by the
marriage of the queen with the king Don Ferdinand of
Aragon.
“ A similar case had occurred at the time of the accession
of queen Doha Berenguela, mother of St. Ferdinand, by
her marriage with Don Alonso of Leon: the crowns of
Castile and Leon were at that period united for ever.
“ In short, the experience of so many centuries has shown
that in Spain it is expedient above all things to preserve
the ancient laws, and the immemorial custom prescribed in
law 2, tit. 15, partida 2, that females of the nearest line and
degree should inherit the crown in the order fixed by the
same law, and that the male children of a more distant line
and degree should never be preferred to them.
“Though, in 1713, there was an intention of changing
this regular method, from motives connected with the cir-
cumstances of that time, which no longer exist, the reso-
lution of that date cannot be considered as a fundamental
law, because it is contrary to that which existed and which
had been sworn to, and because the kingdom had neither
been consulted nor had to discuss so important an alteration
in the succession to the crown as that whereby the nearest
male and female lines were excluded.
“ If a radical remedy were not applied to this alteration
in the time of peace which we at present enjoy, there would
be reason to apprehend, in time to come, wars and disturb-
ances similar to those which took place at the period of the
succession of Charles II., calamities which we shall avoid
by commanding the observance of our ancient laws and