The attempted regicide of King D. José I and the nobiliarchical consequences for the History of Law in 18th century Portugal

Abstract

On September 3, 1758, Portugal was the scene of an attempted regicide that shook the country's noble structure. The target was King D. José I (1714-1777). The event had significant consequences for the analysis of the History of Portuguese Law, especially what was considered regicide within the problematic imperial legislation that prevailed at that time. The attempted regicide occurred when King D. José I was heading to the Palácio da Ajuda, in Lisbon, after a romantic encounter with D. Leonor de Távora, called the “young” marchioness, married in turn to D. José Maria from Távora. A group of dissidents, allegedly led by the Marquis of Távora, José Mascarenhas da Silva and Lencastre, who had organized an attack on the monarch's life, claiming dissatisfaction with his policies. However, the planning was discovered and the conspiracy was quickly combated by the authorities, led by Carvalho e Melo. The event highlighted the need to reinforce the monarch's power and limit the influence of the nobility. This issue greatly modified the analysis of Law in relation to the figure of the king and his protection as a secular institution, separating it from the power of the Church. In this way, the king began to exercise firmer control over political and religious matters, taking measures to weaken the power of high nobility families. As will be demonstrated in the article, one of the most significant consequences was the reform of Portuguese justice, with a notable political influence on the Court of the Holy Office. It is important to say that for the complex analysis that must be carried out, a methodology must be sought that implies a teleological interpretation of the norms and legislation pertinent to the event that pays attention to the intended epistemological approach.