The 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 had suggested that the succession law in force be altered to give preference to females of main descendant lines over males of collateral lines. The proposal was accepted and formally adopted as the Cortes' petition to the king. However, a corresponding law was not published until 1830, triggering both a dynastical conflict and a series of civil wars known as the Carlist Wars. Whether the succession law was effectively changed in 1789 became a heated juridical, historical, and political debate which continued well into the 20th century. In current historiography it is usually considered of secondary importance and dealt with in highly ambiguous terms.
Background
Carlos IV ascended to the throne of Spain in December 1788 under the existing succession rules. In May 1789, he issued circular letters calling for the convening of the Cortes. The primary objective of the Cortes was to swear an oath of allegiance to the heir to the throne, Prince Fernando, at the time five years old and the elder of the two living sons of Carlos IV. The procedure was completely routine. The absolutist Bourbon rule even stripped the Cortes of its fiscal prerogatives. The formality of taking oath to the heir was the principal reason for the very limited number of meetings held by the diet in the 18th century.Throughout the 18th century the Cortes was convened 6 or 10 times, depending upon whether only full-size or also limited-size gatherings are counted. Rosario Prieto, Las Cortes de 1789: el orden sucesorio, [in:] Vicente Palacio Atard, Manuel Espadas Burgos (eds.), Estudios sobre el siglo XVIII, Madrid 1978, p. 266. However, the circulars also urged the deputies, at that time called procuradores, to be provided with sufficient powers to discuss and decide on unspecified other matters, were such to be proposed.Numerous works quote in extenso the documents referred to here, see e.g. Placido Maria de Montoliu y de Sarriera, ¿Don Alfonso ó Don Carlos? estudio histórico-legal, Madrid 1872. The most complete English-language set of translations is in William Walton, Spain! Or, Who is the Lawful Successor to the Throne?, London 1834, p. 12. Some scholars note that when issuing the circular letters, particular attention was paid to the deputies being equipped with full powers, Prieto 1978, p. 295.
In the late 18th century, the Spanish Cortes GeneralesThe name distinguished the body from other gatherings also named Cortes and specific to some regions of the country. consisted of 70-odd members, delegated according to different local procedures, including elections, by councils of municipalities entitled to representation.A detailed discussion of the composition of the Cortes is found in Longares Alonso 1974, pp. 138-142, Prieto 1979, pp. 262-296. The deputies started to arrive in Madrid in the summer, but the diet formally met for the first time only on September 19, 1789. The deputies were addressed by the king, who confirmed the principal objective of the convocation, adding also that they would "treat and conclude other matters".Prieto 1978, p. 294. 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 of this was specified vaguely as "to take measures respecting the Law of Succession".Walton 1834, p. 14.
The procuradores gathered again on September 23, when the pompous and solemn ceremony of swearing allegiance to Prince Fernando took place as planned in the church of San Gerónimo in Madrid. Another week passed as deputies attended various religious or royal feasts without the Cortes having been convened.Prieto 1978, p. 302. However, at least once, on September 28, the king met with Campomanes and the Count of Floridablanca, head of the Junta Suprema de Estado and effectively the prime minister of Spain. The three discussed disturbing news about ongoing events in France. Still, they also pondered planned changes to the law of succession, apparently an issue that had already been discussed earlier. The king, the prime minister, and the Cortes president decided to launch the procedure of altering the succession regulations at the first Cortes session; they also agreed that it must be kept secret.Prieto 1979, pp. 328-329.
September 30, 1789: succession law proceeded
The deputies formally met again in the Sala de los Reinos of the Buen Retiro palace on September 30, early or late morning.Earlier historiographical works suggested that the deputies gathered around 11 AM. Longares Alonso p. 115, claims they met around 8 AM. With one minor exception, which did not affect the legality of the proceedings, all deputies entitled were present.The one missing was a deputy from Teruel, who felt unwell. Antonio Aparisi Guijarro, La cuestión dinastica, Madrid 1869, p. 47. The president informed the gathering that the king expected them to take a strict oath of secrecy before the start of the proceedings. The pre-prepared text was read by the president. It specified that all convened would agree to never disclose anything discussed at the meeting unless permitted to do so by the king or the president. The deputies acknowledged this with a collegial "amen".Walton 1834, p. 15. None of the sources consulted specifies whether the secret mode of proceeding was exceptional, unusual, or customary in the Cortes of that time.
The president subsequently read to the chamber a text of royal proposal. Its essence was that the 1713 succession regulations, which barred females from inheriting the throne save for extraordinary circumstances, be replaced with the previous Spanish medieval rules, which in terms of succession did not discriminate between the sexes. The text noted that the 1713 rules had been born out of circumstances which no longer existed, that they were incompatible with traditional Spanish customs, and that they had resulted in numerous conflicts, having been a threat to peace.Walton 1834, p. 16, Montoliu Sarriera 1872, pp. 97-98. The proposal was then followed by the reading out of a pre-prepared draft of a petition, to be adopted by the Cortes and directed to the king.It is believed that it had been drafted by Count of Floridablanca. Jesús Longares Alonso, Las últimas Cortes del Antiguo Régimen en España (19 septiembre - 5 diciembre de 1789), [in:] Estudis: Revista de historia moderna 3 (1974), p. 159. Its 2-paragraph text was relatively brief; it proposed that the king order the publication of a law ordaining that "Law 2, Title 15, Partida 2" be observed notwithstanding the changes introduced in the later "Law 5, Title 7, Book 5".For the full text see Montoliu Sarriera 1872, p. 99. The former, known as Ley de Partida, was the succession law of medieval statutory code; the latter was the 1713 regulation which established new succession rules upon the Bourbon assumption of the Spanish throne, usually referred to as the "Semi-salic law" or "Salic law".
There is no information on whether the proposal of such a fundamental change shocked the deputies, merely surprised them, or whether it was anticipated and caused no excitement at all.Prieto 1978, p. 320. The only record available states that the next to speak was Marqués de Villacampo, as the Burgos deputy traditionally speaking for the chamber; in the name of the house, he expressed concurrence.Walton 1834, p. XI. The petition was then signed by all deputies and placed in the hands of Campomanes for further proceedings.Walton 1834, p. 17. The gathering briefly discussed a number of other minor unrelated issues, and around 12 AM the session was closed. According to a present-day historian, the debate on succession lasted "a matter of minutes".Longares Alonso 1974, p. 159.
October 1789: further proceedings
The Cortes met again on October 3, 1789, at which point the record of the September 30 proceedings was read and agreed to. There is no information on any discussion or difference of opinions.Montoliu Sarriera 1872, p. 43. Four days later, on October 7, 1789, the Cortes petition was inspected by the Catholic hierarchs, gathered earlier to attend the ceremony of taking oath.None of the sources consulted clarifies whether this was a routine or extraordinary step in terms of legislative procedure. In the presence of Conde de Floridablanca, 14 bishops and archbishops acknowledged the proposal with their own document, which fully endorsed the changes suggested and recommended that the "original and natural order" be re-established.In Spanish "restituir las cosas a su primitivo ser natural", Montoliu Sarriera 1872, p. 101-103, Prieto 1978, p. 325.
At an unknown date in October, the petition was also reviewed at one or few meetings of a body named Junta de Asistentes de Cortes, serving as a board providing non-binding legal opinion.The Junta comprised the Cortes president and 4 members of Council of Castile. In a separate address to the king, dated October 30, 1789, the Junta fully endorsed the Cortes proposal.For the full text see Montoliu Sarriera 1872, p. 100. The address was then acknowledged with written royal assent, also dated October 30, declaring the resolution to "correspond to the accompanying petition" and enjoining that greatest secrecy be observed.Walton 1834, p. XII. In one modern Castellano version the text reads "He tomado la resolucion conforme con la peticion adjunta, y encomiendo que se guarde provisionalmente el mayor secreto porque asi conviene mi servicio", quoted after Montoliu Sarriera 1872, p. 43-4. A slightly different version is "He tomado la resolucion correspondiente á la súplica que acompaña, encargando por ahora el mayor secreto, por convenir así á mi servicio", Aparisi 1869, p. 50.
Following the October 3 session, the diet met on five other dates, always discussing issues unrelated to the succession question. The agenda was dominated by issues concerning the agrarian regime, principally the huge landholdings, named mayorazgos, their fiscal obligations and hereditary rules.Longares Alonso 1974, pp. 117-138, 155-158. Some authors claim that as the news of the events unfolding in Paris reached Madrid, fearing unrest Campomanes dissolved the Cortes on October 17, ending it abruptly.Martínez Ruiz, Enrique (1992). La España moderna. Madrid, , p. 561. Detailed studies by other authors claim that the Cortes proceedings went on as planned.