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

DOI Page / Citation link:
https://doi.org/10.11588/diglit.47347#0138
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APPENDIX.

have deemed it useful to refute it, in order not to leave
unanswered any thing that has been urged in support of the
claims of Don Carlos, and to show the nullity of all those
reasoning's.
ct
To make amends, the author objects against the validity
of the laws of las Partidas, that those laws have been fol-
lowed in Castile only, and not in Aragon.
But the validity of the decisions of las Partidas respect-
ing the succession to the throne was acknowledged in Aragon
during the lifetime of Ferdinand the Catholic, as well as
after his death, especially at the epoch when that kingdom
was really and permanently united with Castile.
The first solemn recognition of these laws in Aragon
occurred when Ferdinand the Catholic assembled the states
of that kingdom in 1502. It took place with all the formali-
ties required for proclaiming as heiress to the crown Dona
Juana, the king’s daughter, already acknowledged by the
Cortes of Toro heiress of the kingdom of Castile. The
states paid fealty and homage to the princess, and acknow-
ledged her without difficulty as heiress and as queen after
the death of her father.
The acknowledgment of the Infanta Juana by the states
of Aragon is a fact the more important and the more deci-
sive, inasmuch as there was still living at that period a
brother of Ferdinand the Catholic’s, Don Fernando \ who
would have been king of Aragon, had the agnatic order of
succession still subsisted there. But in this case the vali-
dity of the cognatic succession was considered as established
by king Ferdinand the Catholic and by the states of Aragon,
and thus were obviated all the doubts that might have resulted
from the ancient legislation of that kingdom.
This act was subsequently confirmed by king Ferdinand
1 Mariana, Hist, de Espana, t. x. p. 530, 531. Dr. Sabau, Continuation de la
His Loria de Espana de Mariana, t. i. p. 8.
 
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