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Before a notary and witnesses (among which, as the Deed
shows, his father Alfonso Count of Caserta and Head
of the Royal House, his elder son Ferdinand Pio –
Alfonso’s successor – and his younger brother
Ranieri), and therefore in unquestionable way, Charles
of Bourbon forever renounced the Kingdom of the Two
Sicilies and all relevant assets (therefore also the
Grand Magistery of the Sacred Military Constantinian
Order) for himself and his heirs.

Deed
of Cannes
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As
shown by this text, Charles of Bourbon was forced
to make this solemn renunciation in compliance
with the dynastic laws of the Bourbon family,
still in force today.
Before a quick analysis of these laws, let us
conclude the historical events linked to this
issue.
At the very moment in which Charles of Bourbon,
second-born of Alfonso, signed the Deed of Cannes,
he and all his direct lineage are forever excluded
from the lineage of the Two Sicilies (and in fact
he became a prince of the Spanish lineage of the
Bourbon), and therefore at the death of his elder
brother Ferdinand Pio in 1960, since the latter
had no male heir, the entitlement of the Family
of the Two Sicilies (and Grand Magistery of the
Sacred Military Constantinian Order) went not
to Charles but to his young brother Ranieri of
Bourbon (1883-1973), and therefore to his son
Ferdinand, present Head of the Royal House of
Bourbon Two Sicilies and Grand Master of the Order. |
Even
without giving full historical and legal details, everybody
can see from this evidence that the unavoidable dynastic
law assured the entitlement of the Royal House and all
its assets and the Sacred Military Constantinian Order
of St. George to Ferdinand of Bourbon Two Sicilies –
and therefore to his son Charles.
However, an historian of unquestionable fame, Prof.
Coniglio, Director of the Historical and Political Division
of the Department of Political Sciences of “Federico
II” University of Naples, wrote: "the firstborn
lineage of the Bourbon of Naples did not die out with
Francis II, although he died without heirs. Ferdinand
II’s second born son, Alfonso Count of Caserta,
continued the dynasty... He fathered many children,
among which Ferdinand Pio Duke of Calabria and Ranieri
Maria. Ferdinand Pio died in 1960 with no male heir
(...) Therefore his brother Ranieri Maria Duke of Castro
became Head of the family. Ranieri died in 1973 and
left the title to his son Ferdinand Maria (…)
who, in 1963, had a son that he named Charles... and
the latter continues the lineage".
Further
Historical and Legal Explanations
Therefore
the international and dynastic laws assure the loss
of all rights on the Kingdom of the Two Sicilies and
its relevant assets for Charles of Bourbon and his heirs.
However, the reader could ask a simple and correct question.
Why Charles was forced to renounce his rights? Could
he have married the Infant and kept his rights over
the Two Sicilies?
If you read the Deed of Cannes, you will see that Charles
of Bourbon was forced to renounce his rights due to
the fact that he was becoming a “Spanish Prince”
and therefore possible heir to the Throne of Madrid.
Why?
History and international law give a certain answer
to this doubt.
A famous legal expert, Prof. Ettore Gallo, member of
the Supreme Law Council and President of the Constitutional
Court, in the last book he wrote before his death he
said: «This deed of renunciation,
expressed in compliance with the laws then in force,
and in particular the laws regulating dynastic and family
rights, was and will always be universally recognised
since it embodies the clear outcome of the Treaty of
Naples and the Proclamation of Charles III, two documents
dating back to 1759» .
To better understand the historical dynastical and legal
reasons for which the Head of the Royal House of Bourbon
Two Sicilies cannot be at the same time member of the
Royal House of the Bourbon of Spain, we must remember
that when in 1759 Charles of Bourbon, until that date
King of Naples and Sicily since 1734, inherited the
Throne of Madrid, he, before leaving Naples, had to
abdicate the Throne of Naples and Sicily in favour of
his young son Ferdinand, and this need is explained
already in the Treaty of Aachen of 18 October 1748,
therefore an important law of the Bourbon – Spain
family, called "New Regulation for the Succession
of these Reigns", which prohibited to Charles (and
all his descendants) to be Kings of both Kingdoms.
Moreover, when he left Naples, Charles signed the Treaty
whose article 2 still reads: «The
Kingdom of Spain and Indies cannot be united under the
same king of the Two Sicilies, unless – God forbids
– the Royal Families of Spain and the Two Sicilies
are reduced to only one person: in this case, a Prince
who is not King of Spain nor Prince of the Asturias
should be found within this family and he must take
an oath and become the King of the Two Sicilies and
its relevant Italian States, assets and prerogatives;
therefore His Imperial and Royal Apostolic Majesty and
his lineage and heirs will recognise this Prince and
his lineage as lawful sovereigns». |