Succession laws in Habsburg Spain

I see a daughter could possibly inherit, but does she have precedence if the King has a brother and/or nephews? Also, the laws were different in both Castile and Aragon and even Navarre had something different...And what about their Italian possessions like Naples, Sicily etc...? Can anyone give some details and clarify all this please?
 
I see a daughter could possibly inherit, but does she have precedence if the King has a brother and/or nephews? Also, the laws were different in both Castile and Aragon and even Navarre had something different...And what about their Italian possessions like Naples, Sicily etc...? Can anyone give some details and clarify all this please?

That was never really set in stone. Theoretically the daughter of the reigning King would have precedence over everyone else, whether it be an uncle or a cousin, but in practice it had never been dealt with. Every time an Infanta was heiress presumptive for a significant length of time she was the only heiress, ie no living uncles or cousins. However, realistically if a woman was the permanent heiress (ie no hope of a brother) then provisions would be made for her to succeed to the entire Spanish Monarchy. Hope this helps.
 
That was never really set in stone. Theoretically the daughter of the reigning King would have precedence over everyone else, whether it be an uncle or a cousin, but in practice it had never been dealt with. Every time an Infanta was heiress presumptive for a significant length of time she was the only heiress, ie no living uncles or cousins. However, realistically if a woman was the permanent heiress (ie no hope of a brother) then provisions would be made for her to succeed to the entire Spanish Monarchy. Hope this helps.

AFAIK strictly speaking, that might have ended the personal union between the Crown of Castille and the Crown of Castille, since women couldn't inherit in Aragon.
 
Though there was salic law in the Crown of Aragon, the heir to the throne(s) was in theory elected by representatives of the 4 kingdoms (Aragon, Valencia, Mallora and Catalonia - let's not get in wether Catalonia was a kingdom or not). If the heir was a woman, again in theory, they could elect her husband as king and still proceed as normal (sort of).

If they want to, of course. The situation is a recipe for disaster. Get any other heir enough support, and you have a war at hand. In particular the Generalitat of Catalonia was prone through the ages to claim that it had not just the right to name a heir, but to unseat a monarch and name a different one whenever it pleased it even after such attempts nearly always ended badly for them.

In Castile the heir was the child of the previous king, unless the previous king named someone other, and again in theory at least, such heir had to be recognized by the courts of the kingdom and the heir swear to uphold the courts beforehand. The Habsburgs did largely dismantle the power of these courts though, Charles I/V in Castile after the Comuneros revolt and Philip II in Aragon after the Antonio Perez crisis in 1591.
 
AFAIK strictly speaking, that might have ended the personal union between the Crown of Castille and the Crown of Castille, since women couldn't inherit in Aragon.

So Juana I was never Queen?:rolleyes: Yeah no Salic law basically ended with the union of Castile and Aragon and by the time a woman was heiress to the thrones again (after Juana) the Cortes were in no real position to try and enforce it.
 
In Aragon? Only as much as her son wanted to count her as "co-queen", which wasn't much. She was never queen of Aragon while her father lived. for obvious reasons.

It's not French-style salic law. Descendants of a woman can reign, but not the woman.
 
Yeah, in that respect many of the important men in Joan's life, her father, her husband and her son, didn't always treat her right. They all took advantage, that she was mentally unstable.

AFAIK Charles V technically was co-monarch of Castille for most of his reign, but monarch of Aragon.

OTOH a Maria Theresia scenario for Spain could indeed have lead to Aragon, accepting the spouse of the daughter of the previous king as their king.

That might be a Habsburg or a Bourbon or like with the OTL Austrian succession an acceptable third party like Lorraine.
 
In Aragon? Only as much as her son wanted to count her as "co-queen", which wasn't much. She was never queen of Aragon while her father lived. for obvious reasons.

It's not French-style salic law. Descendants of a woman can reign, but not the woman.

Yeah, in that respect many of the important men in Joan's life, her father, her husband and her son, didn't always treat her right. They all took advantage, that she was mentally unstable.

AFAIK Charles V technically was co-monarch of Castille for most of his reign, but monarch of Aragon.

OTOH a Maria Theresia scenario for Spain could indeed have lead to Aragon, accepting the spouse of the daughter of the previous king as their king.

That might be a Habsburg or a Bourbon or like with the OTL Austrian succession an acceptable third party like Lorraine.

So we're all just ignoring the fact that Juana was was accepted as heir by the Aragonese Cortes in 1502 and was the legal sovereign of the Crown of Aragon from 1516 to 1555? All documents and lists make it clear that she was the legal Sovereign of both the Crown of Castile and of Aragon, her abilities to discharge the offices notwithstanding. Charles V was only co-ruler in both Kingdoms/crowns until 1555, when Juana finally died.

With precedence in existence for a Queen-Regnant in all countries of the Spanish Crown, its clear that if another woman had ascended, she would be Queen Regnant of all thrones like her ancestor.
 
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