DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.47347#0102
86
HISTORICAL ESSAY ON
either sex shall succeed him ; after them the brothers and the
sisters of the king, uncles, aunts, and their legitimate descen-
dants of both sexes.”
This constitution of 1812, twice proclaimed 1 and twice
overturned, which had many adversaries, on account of its
rather unfavourable dispositions to the monarchical principle,
has never been attacked, however, on account of its dispo-
sitions relative to the order of succession; for it introduces
no innovation in them, and does no more than repeat almost
literally the ordinances of las Siete Partidas. Though the
constitution of 1812 has no longer any political value, on
account of the restrictions which it imposed upon the royal
power, it was right to mention it here, in order to show, by
this historical monument, how strongly the Spanish nation
is attached to the fundamental principle of the cognatic suc-
cession to the throne; how intimately connected with the
welfare of the country it is considered to be; and how
deeply it is rooted in the hearts of the people as an ancient
national institution : since the nation, at a period when,
without a king, it gave itself a constitution which imposes
the most excessive restrictions on the royal power ; and at a
period when at perfect liberty to introduce the agnatic order
of succession, it still adhered to the laws of las Siete Partidas,
and admitted them into its new constitution.
With this historical fact are connected other very impor-
tant political and legal considerations. No doubt Ferdinand
VII., on his return to Spain, could have approved, wholly
or in part, of the constitution framed at Cadiz in 1812 ; but
he refused to do so, when there appeared to be an intention
to compel him to it, and he revoked the consent which was
subsequently wrung from him in 1820. But are we thence
to conclude that Ferdinand VII. had not a right to give his
! The second time in 1820, when Don Carlos himself took the oath to it.
HISTORICAL ESSAY ON
either sex shall succeed him ; after them the brothers and the
sisters of the king, uncles, aunts, and their legitimate descen-
dants of both sexes.”
This constitution of 1812, twice proclaimed 1 and twice
overturned, which had many adversaries, on account of its
rather unfavourable dispositions to the monarchical principle,
has never been attacked, however, on account of its dispo-
sitions relative to the order of succession; for it introduces
no innovation in them, and does no more than repeat almost
literally the ordinances of las Siete Partidas. Though the
constitution of 1812 has no longer any political value, on
account of the restrictions which it imposed upon the royal
power, it was right to mention it here, in order to show, by
this historical monument, how strongly the Spanish nation
is attached to the fundamental principle of the cognatic suc-
cession to the throne; how intimately connected with the
welfare of the country it is considered to be; and how
deeply it is rooted in the hearts of the people as an ancient
national institution : since the nation, at a period when,
without a king, it gave itself a constitution which imposes
the most excessive restrictions on the royal power ; and at a
period when at perfect liberty to introduce the agnatic order
of succession, it still adhered to the laws of las Siete Partidas,
and admitted them into its new constitution.
With this historical fact are connected other very impor-
tant political and legal considerations. No doubt Ferdinand
VII., on his return to Spain, could have approved, wholly
or in part, of the constitution framed at Cadiz in 1812 ; but
he refused to do so, when there appeared to be an intention
to compel him to it, and he revoked the consent which was
subsequently wrung from him in 1820. But are we thence
to conclude that Ferdinand VII. had not a right to give his
! The second time in 1820, when Don Carlos himself took the oath to it.