The ascendancy of France, 1598-1715Wakeman, Henry Offley
History
The ascendancy of France, 1598-1715
Wakeman, Henry Offley
Europe -- History -- 17th century
If Charles II. had no child, and his two sisters had renounced their
claims, it was clear that there was no descendant of Philip IV. who
could make out a valid title by descent and law. Recourse must be had
to the descendants of Philip III. [Sidenote: =Claim of the Emperor.=]
Here again the question lay between two sisters, for Philip IV. was
the only son. The elder daughter of Philip III. was Anne of Austria,
the wife of Louis XIII. and the mother of Louis XIV. of France, but
she, like her niece Maria Theresa, had expressly renounced her claims
to the crown of Spain upon her marriage. The younger daughter, Maria,
had married the Emperor Ferdinand III., and was therefore the mother
of the Emperor Leopold I., who was the living representative of her
rights. She had made no renunciation whatever, and the Emperor Leopold
accordingly maintained that by the combined effect of descent and law
he and he alone was the rightful inheritor of the Spanish monarchy. But
Leopold was much too sensible to dream for a moment that Europe would
permit the resuscitation of the empire of Charles V., just as Louis
XIV. was too sensible to dream of uniting the crowns of France and
Spain upon the same head, and he passed on his rights to his second son
the archduke Charles, just as Louis and the Dauphin passed on theirs to
the second son of the Dauphin, Philip duke of Anjou.
[Sidenote: =Legal difficulties of the question.=]
A more difficult problem has rarely presented itself to statesmen.
The simplest solution no doubt was to be found in the purely legal
view of the matter taken by the Emperor Leopold. The renunciations
had been legally made, and they must be considered legally valid,
otherwise there was no sure basis of procedure at all. But whatever
force might be attributed to an argument of this sort with reference
to the renunciations of Anne of Austria and Maria Theresa, it was
very difficult to admit its validity in the case of Maria Antonia,
and permit a father to profit by a renunciation, which he himself had
imposed upon his own daughter in her extreme youth and in contemplation
of marriage. Yet how could any one maintain the invalidity of the
renunciation of Maria Antonia on account of parental influence, and
the validity of that of Maria Theresa, when it was an admitted fact
that the consideration for the latter, _i.e._ the dowry, had
never been paid? But then, if the renunciations were to be considered
invalid, there was no question as to the right of the Dauphin to the
whole succession, and Europe would find itself face to face with a
danger far greater than the resuscitation of the empire of Charles
V.
[Sidenote: =Political difficulties.=]
Public-domain text, read in full here on John Shaqi.
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