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Spanish succession issue of 1789


Spanish succession issue of 1789 was a series of debates and decisions, taking place and adopted prior, during and after the Cortes sittings. They were initiated by king Carlos IV, who suggested that the succession law in force be altered; the change would consist of giving preference to females of main descendant line over males of collateral lines. The proposal was accepted and formally adopted as Cortes’ petition to the king, but a corresponding law was not published until 1830, which triggered a dynastical conflict and a series of civil wars. The question whether the succession law was effectively changed in 1789 turned into a heated juridical, historical and political debate and continued well into the 20th century. In current historiography it is usually considered of secondary importance and dealt with in highly ambiguous terms.

In line with standard succession rules Carlos IV assumed the throne of Spain in December 1788. In May 1789 he issued circular letters which convened the Cortes; the single declared purpose was to take the oath of allegiance to the heir to the throne, Prince Fernando, at the time 5 years old and the older one of two living sons of Carlos IV. The procedure was a perfectly routine one. In fact, the absolutist Borbonic rule stripped Cortes of its fiscal prerogatives, and the formality of taking oath to the heir was the key reason why the diet used to meet few times across the 18th century. However, the circulars enjoined also to see that the deputies, at that time named procuradores, were to be provided with sufficient powers to discuss and conclude unspecified other matters in case they should be proposed.

In the late 18th century the Spanish Cortes Generales consisted of 70-odd members, delegated according to different local procedures, including elections, by councils of municipalities entitled to representation. Those deputies started to arrive in Madrid in the summer, but the diet formally met for the first time on September 19, 1789. The deputies were addressed by the king, who confirmed principal objective of the convocation, adding also that they would "treat and conclude other matters". Once the king had withdrawn the president of the Cortes, Count of Campomanes, informed the gathering that the Cortes would remain open also after the ceremony of taking oath; the purpose was specified vaguely as "to take measures respecting the Law of Succession".


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