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Re: King Felipe V
Posted by manuel
on 31/8/2020, 17:55:42, in reply to "King Felipe V
Felipe V was simply adopting the French salic law, although women could inherit if there were no male heirs descending from him. Furthermore, he tried to introduce a clause excluding descendants who were not born and brought up in the Spanish territories. This clause was finally not adopted, but created controversy when the future Carlos IV was sworn in as Prince of Asturias, because he had been born in Naples.
His purpose with the new law was avoiding foreign Princes inheriting the Crown. One war of succession was enough, I can imagine he thought.
The law regulating the succession in Castile was included in the law of Partidas, published between 1256 and 1265, which was observed until 1713 and restored in 1789/1830. But it had been common law since the creation of the Kingdom.
Yes, Infantas had rights during the Habsburgs. That is why Infantas Ana and Maria Teresa renounced their rights to become Queens of France.
Castilian rules did not apply in Aragon.
What exact succession law did the first Bourbon king of Spain try to institute (or if you will, impose), then -- Salic or semi-Salic? And what was his justification for overturning nearly five centuries of official Castilian law (and as you say before, common law)? Especially since he himself derived his own rights to the Spanish throne through a grandmother who had renounced her own rights to it?