Succession of Spain (1680-1701)

This article covers the period 1680 - 1701, of the speculation of the European powers during the reign of Charles II at the beginning of the War of succession of Spain.

The succession of Spain is the great concern of the courses European at the end of the 17th century and the cause of a 14 year old war in Europe: the War of succession of Spain.

Various applicants

In spite of two successive marriages the king of Spain Charles II does not have direct heirs. Born in 1661, it is of very fragile health. Two sovereign families, related with the Spanish sovereigns, claim to be entitled to the Spanish heritage:
  • the Bourbon S of France : Louis XIV is the son of a Spanish princess Anne of Austria, born in 1601, sister of the king Philippe IV and aunt de Charles II. Moreover Louis XIV married a Spanish princess, her cousin, Marie-Therese of Austria, born in 1638, girl of the first marriage of Philippe IV. Louis XIV is thus the first cousin and the brother-in-law of Charles II, who is the half-brother of the queen of France. Louis XIV had a boy: Louis says the Large Dolphin, which had several children:
    • Louis, duke of Burgundy, intended one day to become king de France
    • Philippe, duke of Anjou which can inherit the Spanish crown (great nephew of Charles II)
    • Charles, duke of Berry
  • the Habsbourg S of Austria : The emperor Léopold I {{er}} is the son of a Spanish princess, Marie-Anne of Spain sister of Philippe IV and aunt de Charles II. Léopold is thus the first cousin of Charles II. Of a first marriage with his niece Marguerite of Spain, it had a girl, Antoinette of Spain, which married to Maximilien-Emmanuel of Bavaria has a son, Joseph-Ferdinand of Bavaria (great nephew of Charles II). Of a second marriage with a German princess, Eléonore de Neubourg, Léopold have two male children:

    • Joseph I {{er}}, intended to succeed to him in Austria and Germany
    • Charles which can inherit the Spanish crown (back cousin of Charles II)

The Spanish heritage - stake

The possessions of king d' Espagne are considerable, they include/understand:
  • Kingdoms of Castille and Aragon
  • Other Iberian Kingdoms (although Portugal had obtained its independence in 1640)
  • Catholic Provinces of the Netherlands (corresponding to current Belgium)
  • the Milanese (Duchy of Milan), Tuscany, the kingdom of Deux-Siciles (that is to say Naples and Sicily) and Sardinia
  • All South America (except Portuguese Brazil)
  • the Central America
  • Philippines
  • Of the territories in Africa

The possible recasting of these suzerainties, either in the Kingdom of France, or within the Austrian hereditary possessions, would have upset the fragile balance of the power struggles in Europe, such as it had been instituted in 1648 by the Traités of Westphalia.

The French, the English and the United Provinces wish the dismemberment of the Spanish empire. Habsbourg want the maintenance of the unit.

Charles II wants the maintenance of the unit but does not want a successor French or Austrian. In 1698 it chooses Prince Joseph-Ferdinand of Bavaria.

Hard negociations

The moment of the succession seeming imminent, the European great powers (except Spain) enter into negotiations.
  • in 1698, France and England agree for a dismemberment:
    • the archduke Charles de Habsbourg would receive the Milanese;
    • Monseigneur, the Large Dolphin, wire of Louis XIV, would have Naples, Sicily, Tuscany and Sardinia;
    • Joseph-Ferdinand of Bavaria would inherit Spain, the Spanish Netherlands and its colonial empire.

The goal of the French is to be able to exchange the Italian grounds against Savoy in order to reinforce France in the Alps. The goal of England east to prevent that France can recover the territories of the Netherlands. But the prince of Bavaria dies in 1699.

  • in 1699, there are new Franco-English negotiations, always for a dismemberment:

    • the archduke Charles de Habsbourg would have Spain, the Spanish Netherlands and the colonies
    • Monseigneur Louis, the Large Dolphin would receive Lorraine and Savoy
    • the duke of Lorraine, Léopold for compensation would have the Milanese
    • the duke of Savoy, Victor-Amédée for compensation would receive Naples and Sicily

The emperor Léopold 1stI requires all Italy for his son the archduke Charles, the French receiving America then. That cannot be appropriate to the English and does not arrange Louis XIV. It is the failure.

  • in 1700, there are two new agreements between France, England and the United Provinces:

    • the Charles archduke would receive Spain, the colonies and the Netherlands Spanish;
    • the duke of Lorraine would receive the Milanese;
    • the Large Dolphin would have Naples, Sicily, Tuscany, Guipuzcoa and Lorraine.

Rules of succession

The rules of succession in Spain were determined by the laws II, III and V of title XV of Partida II of 1263, laws XL and XLV of Toro of 1505, law VI of title I of Book II and laws IV, V and VIII of title VII of the book V of Recopilaciòn of 1567. Under the terms of these texts, the Crown of the Kingdoms of Spain and the Indies was transmitted according to primogeniture, the women being excluded from the succession as long as there remained male heirs.

The will of Charles II

Charles II not having a descent, his succession posed problem: the genealogy indeed designated as heir the Dolphin, wire of his/her late older sister Marie-Therese, wife of the King de France Louis XIV. Envisaging concern that would not fail to cause an increase in the French power, that in the context of a deterioration of the Franco-Spanish relations during the years 1690, Charles considered initially a solution which supported neither France nor Austria, probable candidates with the Throne, and designated a younger heir with his succession: it was about the Duke Joseph-Ferdinand of Bavaria (1692-1699), last grandson of the youngest sister of his late father, Infante Marguerite; it was indicated heir and raised with the row of Prince of Asturies. However, Joseph-Ferdinand died before his great-uncle and without descent: the crisis of succession became inevitable. Charles II had lined up meanwhile in the opinion that the Crown was to be transmitted in agreement with the secular laws governing the succession.

Charles II of Spain, in his Will of October 2nd, 1700 affirmed: “ Considering, in agreement with the various opinions uttered by Our Ministers of state and Our Magistrates judging that the Renunciations of their respective rights on our Kingdoms, agreed by the Ladies Anne and Marie-Therese, both Queens of France, Our aunt and Our sister, had of another reason only their fear of the consequences for Spain of a meeting with the Kingdom of France; and considering that although this concern does not have any more a base, the right of collateral to succeed the throne nearest remains in force according to the laws of these Kingdoms; and considering that this right perhaps asserted now by the second wire of the Dolphin; by the present one, and in agreement with these laws, We indicate as Our successor (if God were to recall Us to Him such as We are, without descent) the duke of Anjou, second wire of the Dolphin, and We name it heir to all our Kingdoms and Fields without exception no (…). Anxious to preserve the peace of Christendom and all Europe, concerned of the wellbeing of Our Kingdoms, Our intention is that this Crown which is Ours and that of France remain forever separate, and for this purpose We declare solemnly, while referring to Us with the aforesaid stipulations, which if duke of Anjou says it had suddenly died before We Ourself were recalled to God, or if it were to reach the Throne of France and to prefer this Crown with Ours, at the time the aforementioned Crown would pass to the duke of Berry, to His brother, and third wire of known as Dauphin, and that in this possibility the aforesaid conditions would remain in force. And that, if the duke of Berry had suddenly died before We Ourself were called, or if It were to reach the throne of France, We declare that Our will is to see passing the Crown to the Archduke, second wire of Our uncle Empereur, by preference, for the same reasons that We gave more high-and under the terms of the same concern that We higher expressed for the good common-with first-born of the Emperor Our uncle. And if the Archduke had suddenly died before We were called with the Eternal Life, We declare that Our will is to see passing the Crown to the Duke of Savoy and to his heirs.

This will obviously overlooked the obvious rights of the Orleans branch. The duke of Orleans conceived a certain rancour of it: he expressed it while making promulgate the Pragmatic Decree of 1703, with the means of which he reaffirmed his rights. Charles II died on November 1st, 1700. The will is known in Madrid on November 2nd, 1700. It worries the English, dissatisfied the Austrians and embarrasses Louis XIV. The will arrived in Fontainebleau on November 9th.

The the Council of in top, consulted, is divided:

  • two of them would prefer to accept the will: Pontchartrain and the Dolphin;
  • two others advise to refuse: the Marquis de Torcy and Beauvilliers.
Madam de Maintenon, consulted lastly, thinks to accept.

November 16th, Louis XIV accepts the will of Charles II and makes of his grandson future king d' Espagne Philippe V. Are Spanish good, it is at present your first duty. But remember that you were born French to maintain the union between the two nations; it is the means of making them happy and to preserve the peace of Europe advises Louis XIV with his grandson. Torcy, Foreign Minister, immediately forwarded to the Ambassadors of the Netherlands and of England a note stipulating that if the King approved the Will, monarchies of France and Spain would remain distinct.

But the 1st févier 1701, the Parlement of Paris retains the right to the crown of France of Philippe V, which worries the English and the Austrians. In at the beginning of February Louis XIV fact of occupying by the French Army of the fortified towns in Belgium what makes furious the Dutchmen.

The Emperor Léopold I {{er}} (1640-1705), which immediately disputed the rights of the duke of Anjou to the succession, was the last wire surviving of Infante Marie-Anne, the youngest sister of Philippe IV and Anne, Reine of France. He refused to recognize the validity of the will of Charles II, demanding whom one took act of the Renunciation of Infantes Marie-Therese and Anne of their rights on the Crown of Spain, renunciations which made of him the first in the order of the succession. He was thus at the origin of fourteen years a long conflict, the War of succession of Spain.

See too

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