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Zoepfl, Heinrich
Historical Essay Upon the Spanish Succession — London: Whittaker, 1840

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https://doi.org/10.11588/diglit.47347#0133
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APPENDIX.

117

charge d’affaires of France, against the abolition of the auto
acordado of 1789.
It is true that M. Le Marchand did address the Spanish
government on the subject, but the steps taken by him were
disapproved when they came to the knowledge of the French
government; and this diplomatic agent was recalled and
superseded by M. de la Vauguyon ’.
The last portion of the anonymous pamphlet which we
have undertaken to examine, treats of the history and the
ancient law of the Spanish monarchy. We find in it no fact
that can overthrow what we have said of this ancient law,
for the purpose of proving by history two principal propo-
sitions : 1. That the purely agnatic order of succession was
not in force in the ancient kingdoms of Leon, of Castile, and
of Navarre, nor even in that of Aragon, in a fixed and uni-
form manner ; 2. That, after the domination of the Goths,
the cognatic succession was established, at first by custom,
and afterwards by express laws, in all these ancient petty
kingdoms.
To this historical part we shall add some explanations, in
order to show the truth in the clearest ligdit.
When we asserted what we here repeat, that the right of
succession of females rests in Spain upon a very ancient
custom, which passed into a formal law, and has been fol-
lowed for eight centuries in all accessions to the throne, we
meant by no means to prove, that during these eight centu-
ries no case occurred of a king ascending the throne con-
trary to the custom and contrary to the dispositions of that
law. All who are acquainted with the history of the Euro-
pean nations during the middle ages and the centuries
which followed them, know that exceptions of this nature
1 The Moniteur contains an explanation on this subject, given by the Due de
Broglie, formerly president of the council, to the French Chambers on the 6th of
January, 1836.
 
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