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Therefore Charles Maria renounced his rights for himself
and his lineage in full awareness and with no conditions.
Moreover «not even the mention
of a renunciation of future succession rights could
have had sense since the acceptation of consequences
ensuing from the renunciation had been clear, and it
had been repeated also on the occasion of the implementation
of the Count
of Caserta’s testament clauses and last will in
1934. Article 702 of the Code of Civil Laws of the
Kingdom of the Two Sicilies already sanctioned: "the
heir that renounces is considered as he never had been
heir", and article 704 stated: "an heir who
renounced would never been taken into consideration
for the succession". These rules find full
confirmation in the French and Italian doctrines of
that time as well as in the dynastic right of the Kingdom
codified in the Constitution of Ferdinand II. Everybody
knows that Francis II re-established this Constitution
by his Sovereign Deed of 1 July 1860».

Official
Deed of the Kingdom of Spain by which HRH Prince
Charless became member of the Royal House and Family
of Bourbon-Spain ( italian version).
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As
further confirmation of what above, we must add
that in his letter to the Regent Queen of Spain
dated 6 October 1900, Alfonso Count of Caserta
clearly explained the terms his son Charles would
abide to in case of his marriage to the Infant
of Spain, and one of these terms was, as Gallo
wrote «a clear,
final and unequivocal renunciation of all his
membership rights to the dynasty of the Two Sicilies;
the entrance in the Royal House of Spain and the
position as Spanish Princes for his lineage "se
trouvera déjà établi à
leur naissance et par le fait même de leur
naissance"». The author
also said: «And
the Infant fulfilled his duties and thirty years
later implemented his father’s testament
clauses"
.
However, there is not even a "Spanish descent"
in the Bourbon Family of the Two Sicilies: there
is a Spanish lineage of the Bourbon Family:
but the lineage of the Two Sicilies has no other
ramifications than the one deriving from King
Ferdinand, son of King Charles III who ascending
the Throne of Spain on 6 October 1759 forever
renounced that of the Two Sicilies in favour of
his son and his son’s lineage».
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Another
objection raised by some people concerns the fact that
from the renunciation of Cannes we should exclude the
renunciation to the Constantinian Magistery.
Also in this case we make recourse to the unquestionable
authority of Ettore Gallo: «We
can reply to this question that, as we saw, the personal
union of the Throne and the Grand Magistery has always
marked the lineage of the dynasty of the Two Sicilies
at juridical and historical level and this was even
more true after 1860, when the Constantinian Magistery
remained the sole concrete and royal asset of an independent
power released from all sovereign states and internationally
acknowledged».
However, the recent judgement issued by the Italian
State Council is fundamental to this matter, because
it finally closed all disputes on the claim of the prince
of the Spanish Family detailed in an Opinion dated 26
November 1981. This judgement says: «Even
after the transfer of its material assets to the State
Property, the Constantinian Order remained part of the
family assets of the above mentioned House now headed
by Ferdinand Duke of Castro as knightly, religious and
military order».
Ettore Gallo concluded: «On
this matter, however, the most famous and important
legal experts gave their opinions and concluded that
the present Duke of Castro and Head of the Dynasty,
Prince Ferdinand of Bourbon Two Sicilies, is the sole
and lawful dynastic heir of the Grand Magistery of the
Constantinian Militia».
Charles,
Duke of Castro,
Grand Master of the Sacred Military Constantinian
Order of St. George |
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As
it is clearly ascertained from both the historical
and juridical points of view, this matter is therefore
only a false problem.
Head of the Royal House of Bourbon Two Sicilies
– and therefore Grand Master of the Constantinian
Order - after the death of Ferdinand Pio, was
his younger brother Ranieri – due to the
renunciation of Charles Maria by the Deed of Cannes
– and therefore since 1973 Ranieri’s
son, Ferdinand Duke of Castro, whose lawful heir
is his son Charles, Duke of Calabria, present
Grand Prefect of the Sacred Military Constantinian
Order. |
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