DOI Page / Citation link:
https://doi.org/10.11588/diglit.47347#0139
APPENDIX.
123
the Catholic in the most formal manner. Ferdinand, more-
over, made three wills 1 : the first at Burgos, three years
before his death; the second at Aranda de Duero, in 1515;
and the third at Madrigalejos, two days before his death ;
and in these three wills he appoints his daughter Juana his
successor on the throne of Aragon, to the exclusion of his
brother, and, on account of the insanity of Juana, declares
regent of the kingdom her son Don Carlos, afterwards the
emperor Charles V. It was through this princess that the
definitive union of Aragon with the other parts of the
monarchy took place, and from that time Spain, constituted
into a single indivisible monarchy, has been legitimately and
invariably governed by one and the same law of succession,
that of the Siete Partidas, lib. ii. tit. xv. p. 2 2, as it is con-
firmed by the wills of the kings of the house of Habsburg,
in which, as we have said, the daughters are always preferred
to agnates, when there is neither a son nor issue of a son3.
The accession of Philip V., lastly, proves, in an incontest-
able manner, that ever since queen Juana the cognatic suc-
cession to the throne has existed in Aragon, upon the same
principles as in Castile; for Philip V., too, as the nearest
cognate, succeeded in preference to the surviving agnates.
It is clearly proved, then, that, ever since the commence-
ment of the 16th century, the cognatic succession has been
invariably maintained in Aragon, as an irrevocable custom
1 Mariana, Hist, de Espana, t. x. p. 530.
2 This is precisely what is said by Molina, quoted by the anonymous author,
in his Fr. act. de primog. Hisp. orig., during the reigns of Philip III., and of
Philip IV., applying it expressly to all the kingdoms of which Spain is com-
posed, 1. i. c. ii. § 10.
3 To dispel every shadow of doubt of the real union of Castile and Aragon, we
shall further observe, that the fueros of Aragon were expressly abolished by
Philip II. Since that time Aragon has not had separate states, but it sends its
deputies to the Cortes of Castile, as it did more especially in the years 1713,
1780, and 1833.
123
the Catholic in the most formal manner. Ferdinand, more-
over, made three wills 1 : the first at Burgos, three years
before his death; the second at Aranda de Duero, in 1515;
and the third at Madrigalejos, two days before his death ;
and in these three wills he appoints his daughter Juana his
successor on the throne of Aragon, to the exclusion of his
brother, and, on account of the insanity of Juana, declares
regent of the kingdom her son Don Carlos, afterwards the
emperor Charles V. It was through this princess that the
definitive union of Aragon with the other parts of the
monarchy took place, and from that time Spain, constituted
into a single indivisible monarchy, has been legitimately and
invariably governed by one and the same law of succession,
that of the Siete Partidas, lib. ii. tit. xv. p. 2 2, as it is con-
firmed by the wills of the kings of the house of Habsburg,
in which, as we have said, the daughters are always preferred
to agnates, when there is neither a son nor issue of a son3.
The accession of Philip V., lastly, proves, in an incontest-
able manner, that ever since queen Juana the cognatic suc-
cession to the throne has existed in Aragon, upon the same
principles as in Castile; for Philip V., too, as the nearest
cognate, succeeded in preference to the surviving agnates.
It is clearly proved, then, that, ever since the commence-
ment of the 16th century, the cognatic succession has been
invariably maintained in Aragon, as an irrevocable custom
1 Mariana, Hist, de Espana, t. x. p. 530.
2 This is precisely what is said by Molina, quoted by the anonymous author,
in his Fr. act. de primog. Hisp. orig., during the reigns of Philip III., and of
Philip IV., applying it expressly to all the kingdoms of which Spain is com-
posed, 1. i. c. ii. § 10.
3 To dispel every shadow of doubt of the real union of Castile and Aragon, we
shall further observe, that the fueros of Aragon were expressly abolished by
Philip II. Since that time Aragon has not had separate states, but it sends its
deputies to the Cortes of Castile, as it did more especially in the years 1713,
1780, and 1833.