208 THE REGENCY OF FERDINAND. II. PART took the oaths of allegiance to Joanna as queen and lad J proprietor, and to Philip as her husband. Thej then determined that the exigency, contem- plated in the testament, of Joanna's incapacity, actually existed,^ and proceeded to tender their homage to King Ferdinand, as the lawful governor of the realm in her name. The latter in turn made the customary oath to respect the laws and liberties of the kingdom, and the whole was terminated by an embassy from the cortes, with a written ac- count of its proceedings, to their new sovereigns in Flanders. ^ All seemed now done, that was demanded for giving a constitutional sanction to Ferdinand's au- thority as regent. By the written law of the land, the sovereign was empowered to nominate a regen- cy, in case of the minority or incapacity of the heir apparent.^ This had been done in the present in- stance by Isabella, and at the earnest solicitation of the cortes, made two years previously to her death. It had received the cordial approbation of that body, which had undeniable authority to control such testamentary provisions. ^ Thus, from the 3 The maternal tenderness and 5 Siete Partidas, part. 2, tit. 15, delicacy, which had led Isabella ley 3. to allude to her daughter's infirmi- Guicciardini, with the ignorance ty only in very general terms, are of the Spanish constitution natural well remarked by the cortes. See enough in a foreigner, disputes the the copy of the original act in Zu- queen's right to make any such rita, tom. vi. lib. 6, cap. 4. settlement. Istoria, lib. 7. 4 Abarca, Reyes de Aragon, 6 See the wliole subject of the tom. ii. rey 30, cap. 15, sec. 2. — powers of cortes in tliis jjarlicular, Zurita, Anaies, tom. vi. lib. 6, cap. as discussed very fully and satisfac- 3. — Marina, Tcoria, part. 2,cap. 4. torily by Marina, Teoria, part. 2 — Mariana, Hist, de Espafia, tom. cap. 13. ii. lib. 28, cap. 12. — Sandoval, Hist, del Emp. Carlos V., tom. i. p. 9.
