Appendix IV:  (Volume II)
Table of Contents
Documents of the Kingdom of the Two-Sicilies:
1. The Pragmatic Sanction or Declaration of 6 October 1759 by Charles III of Spain
2. The Pragmatic Decree translated
3. The 14 December 1900 Renunciation of Prince Don Carlos: Translation of the renunciation of all royal and sovereign rights for himself and his heirs to the de jure Kingdom of the Two Sicilies
4. The Naturalization of Prince Don Carlos as a Subject and Infante or Prince of Spain as well as his Renunciation of his Citizenship in the Kingdom of the Two Sicilies: Translation of the Certificate of Citizenship and Civil Registry at the Palace in Madrid of 7 February 1901
5. Spanish Investigation
6. The Declaration of all the Adult Members of the Royal House of the Two Sicilies
7. Act of Family Reconciliation of the House and Dynasty of BourbonTwo Sicilies

 Documents of the Kingdom of the Two-Sicilies

          When reading international agreements or treaties:

          The principle rule [is to] . . . follow the ordinary . . . plain and obvious meaning of the language employed.  This rule, is in fact, inculcated as a cardinal maxim of interpretation equally by civilians, and by writers on International Law.[1]

          The following translations of the Pragmatic, the Renunciation, the Naturalization, and the Declaration are all fairly easy to understand and provide their own witness to the legal realities of the royal Bourbon House with claims to the Two Sicilies.

 1. The Pragmatic Sanction or Declaration of 6 October 1759 by Charles III of Spain

          First, what is a Pragmatic Decreed, Treaty, or Declaration?

          [A] Pragmatic Sanction (Sanctio Pragmatica) [is] a public edict relating to important state business . . . a declaration of law in answer to a question propounded on behalf of an individual.  The pragmatic decree was considered irreversible.[2]

          The Pragmatic that Charles III of Spain promulgated on 6 October 1759 constituted the basic law of succession within the Kingdom of the Two Sicilies, and it governs the present juridical relationship between the royal Bourbon House that rules Spain and the royal Bourbon House with claims to the Two Sicilies.  The Pragmatic was enacted to accomplish the following objectives:

(1)  the abdication of Charles III from the Crown of the Two Sicilies in order to assume the Crown of Spain separate from the Two Sicilies, pursuant to a prohibition of international law (similar to that in the Treaty of Utrecht between France and Spain) requiring the separation of Spain from all interference or involvement in Italian affairs;

(2)  the transference of the Two Sicilies and all of the other Italian possessions and rights of Charles III to his third son, Ferdinand I, and the exclusion or disinheriting of his two older sons (destined to become potential Kings of Spain) from these possessions;

(3)  the enactment of a law of succession that united all of the above possessions into a real sovereign union;

(4)  the emancipation of Ferdinand I (whose descendants now comprise the royal Bourbon House of the Two Sicilies) from the paternal power, authority, and jurisdiction of the King of Spain, thereby establishing Ferdinand I and his descendants as a new and completely independent royal House in order to guarantee the separation of Spain from any involvement in Italian affairs;

(5)  the creation of a reversion between the royal Houses of Spain and the Two Sicilies in the contingency that the royal House of Spain might become extinct under the express provision that the two crowns could never be united.

          Therefore, the Pragmatic excluded the senior reigning line of Charles IV of Spain (the immediate older brother of Ferdinand I of the Two Sicilies) from the succession to the Two Sicilies.  This was to ensure that no one forming part of the royal House of Bourbon that ruled Spain had vested rights to the succession of the Two Sicilies.

          Thus, while members of the Spanish Royal Bourbon House could never possess rights of succession to the Two Sicilies, members of the royal Bourbon House of the Two Sicilies can succeed to the Spanish Crown through the Pragmatic if there is a complete extinction of the senior line.  In this event, there would still be a required separation between royal claims for Spain and Italy.

          As members of both royal Houses often married each other, a new problem was created when Ferdinand VII introduced female succession into Spain in 1832: The overriding objectives of the Pragmatic would be violated if a female member of the Spanish Royal Bourbon House were to marry a male of the royal Bourbon House of the Two Sicilies, as their descendants would simultaneously possess vested rights of succession to both the Crowns of Spain and the Two Sicilies.

          However, the Pragmatic covered this contingency.  If a Spanish princess were to marry a Two Sicilies prince, and, if it was desirable for her future issue to preserve the rights to the Spanish throne that they might inherit through her, it would be necessary to overcome the absolute barrier imposed by the Pragmatic.  This could be easily done if the Two Sicilies prince was to absolutely renounce his eventual succession to the Crown and dynastic rights of the royal House of the Two Sicilies for himself and for his heirs and successors.  This would free his future children to inherit the Spanish throne in the right of their mother.  The above was accomplished by the renunciation of Prince Carlo in December of 1900 in fulfillment of the requirements of the Pragmatic covenant.

          The authority to disinherit a prince of his right to succeed is a fairly well-known topic in international law, which was evidenced in the practice of monarchs throughout the ages.  Grotius explained it as follows:

          The first question is, whether a son can be so disinherited by his father that he shall not succeed to the throne.

          In this inquiry we must distinguish alienable kingdoms, that is, kingdoms which are patrimonial from those that are inalienable.  For there is no doubt that disinheritance can take place in alienable kingdoms, since they differ in no respect from other possessions.[3]

          Pufendorf wrote, "Kings who hold their kingdom as a patrimony, can dispose as they please in regard to the succession. . . ."[4]  Similarly, Textor wrote:

          Transference occurs in virtue of the assent of a King who alienates his Kingdom to another, where it is this which gives the receiver the beginning and foundation of regal right.  Two points call for remark.  It depends on the particular Kingdom whether the consent of the Estates is or is not required in that alienation.  If the Kingship be absolute and patrimonial, as it is when it arises without limitation or condition from occupation or from conquest, the King can dispose of his kingdom and any part of it in his own right. . . .[5]

          A patrimonial king that owns or possesses sovereignty in "fee simple" (the highest interest that can be had in real property) can transfer his whole territory and all the regal rights that go with it in one of two ways: (1) he can transfer or alienate the sovereignty either through will or inter vivos through deed; or (2) he can let the sovereignty pass through intestate succession (i.e., according to the laws of succession) to his heir at law.  This latter method, intestate transfer, is the typical way that sovereignty has passed in the modern era.  There are, of course, notable exceptions throughout history.  Pufendorf explained:

          When, however, a King of this sort [i.e., a patrimonial king] has made no special disposition in regard to the succession, it is presumed in the first place, that he did not by any means wish his kingdom to expire with himself, but that, on account of the ordinary human affection, it should devolve in any case upon his children.  It is further assumed that he wished the monarchial form to be maintained after his death, as the form he had himself approved by his example; also that the kingdom should remain undivided, since division involves the sundering both of the kingdom and of the royal family; further, that among those of the same degree, the male should be preferred to the female, the first-born to those born later; and finally that, if children are lacking, the kingdom should devolve upon the nearest blood relation.[6]

          In other words, ". . . he that makes no mention of his succession, is supposed to consent to the customs of his realm."[7]  The kingdoms of Naples and Sicily (the Two Sicilies) were conquered by Prince Carlos, who, on 3 July 1735, became Carlos VII of Naples and Carlos V of Sicily.  They were patrimonial kingdoms with limited constitutions.  Prince Carlos later became King Carlos III of Spain.  He clearly disposed of the combined Kingdom of the Two Sicilies, as required of the Treaty of Naples, to his third son, Prince Don Ferdinand, through the following Pragmatic Document or Deed that was created in 1759:

 2. The Pragmatic Decree (translated into English)

          We, Charles III, by the grace of God, the King of Castille, Leon, Aragon, of the Two-Sicilies, Jerusalem, Navarre, Granada, Toledo, Valencia, Gilicia, Majorca, Jaen, the Algarves, Algeria, Gibraltar, the Canary Islands, the Eastern and Western Indies, and of the islands in the continent of the Ocean, Archduke of Austria, duke of Burgandy, Brabant, Milan, Parma, Plaisance and Castro; Grand Prince Heir of Tuscany, Count of Habsburg, of Flanders, of Tyrol and of Barcelona; Lord of Vizcaya and Molina, etc., etc., etc.,

          Among the heavy cares in which the monarchy of Spain and the Indies has involved me since the death of my brother the Catholic King Ferdinand VI is that derived from the notorious imbecility of my royal first-born.  The spirit of the treaties concluded in this century proves that all Europe desires the separation of the Spanish power from that of Italy, at least as far is consistent with justice.  Seeing myself therefore required to provide a legitimate successor to my Italian states, now that I am on the point of passing into Spain, and of choosing among the many sons whom God has given me, I am to decide which of them may be deemed the second-born, fit to conduct the government of my Italian states separated from Spain and the Indies.  This conjuncture, in which the tranquility of Europe requires that I should incur no suspicion of my desire to continue in my own person the Spanish and Italian powers, obliges me now to take my resolution.

          A considerable body of my counselors of state, a member of the Council of Castille, of the Chamber of St. Chiara, the Lieutenant of the Sommaric of Naples, and the whole Junta of Sicily, assisted by the six deputies, have represented to me that in every possible investigation, they have not been able to find in the unhappy Prince the use of reason, nor any trace of reflection, and that such having been his state from infancy, he is not only incapable of religious sentiments and the use of reason at present, but no shadow of hope appears for the future.  They therefore unanimously conclude that this Prince cannot be disposed of as nature, duty, and paternal love would require.  In this fatal crisis, seeing then by the divine will the capacity and right of second birth devolve on my third son Don Ferdinand, still in his studies, it is my duty as a sovereign and father, in the transfer of my Italian states, to adopt measures for his guardianship, which I should not be justified in exercising over a son who is an independent a sovereign in Italy as I myself am in Spain.

          Having duly constituted the Infante Don Ferdinand, my third son by the law of nature, in the position to receive from my hand the cession of the Italian states [the Two Sicilies], I proceed in the first place, that perhaps this might not be useless, to emancipate him by this Act, and I wish to be considered in all solemnity, with all the force of a legitimate Act, or higher law, so that from this day the Infante is not only free from my paternal power, but also supreme and sovereign.[8]

          Secondly, I nominate and establish the Council of Regency for the minority of my third son, who will become Sovereign of my States, Master and Lord of my Italian estates, in order to administer the sovereignty and power during his minority in conformity with the method prescribed in a charter drawn up today, and signed by me, sealed with my seal and countersigned by my Councellors, and the Secretary of State of the Department of State and of the Royal House; I want it to be either considered throughout as it is repeated here, in order that it should have the same force as law.

          Thirdly, I stipulate and constitute in the form of a constant and perpetual law of my Italian States and Estates that the age of majority at which the Sovereigns and Lords will have a free administration will be at the moment that sixteen years is attained.

Fourthly, I equally decree in the form of a constant and perpetual law that the succession of the Infante Don Ferdinand, as explained in the above disposition, is regulated by primogeniture, with the right of representation in the masculine descendants, from male to male, of the line nearest to the last sovereign, who could be a paternal uncle or brother or in the same degree more distantly related, on condition that the first born son in line, in the form as mentioned above, belongs to the branch which is nearest or least distant from the direct line of the first born son of the Infante Don Ferdinand or that of the last reigning sovereign.  Furthermore, I ordain that in the case that all of the male descendants of the Infante Don Ferdinand are extinguished, then the succession, male by male, must pass to the person of the Infante Don Gabriel my son, and his descendants, male to male, as has been stated.  In default of the said Infante Don Gabriel and his male descendants, the succession will pass in the same order to the Infante Don Antonio and his male descendants, as stated above.  In case of the default of the latter and his male descendants, in the same order as given above, to the other Infantes, my sons, who God has given me in the order of their birth, and to their male descendants.  If all of my male descendant have died off, then the woman who is closest by blood and by agnation to the last of the above must succeed; she can be my daughter, or the daughter of another male prince of my male descendants, provided, however, that she is nearest in relation to the last kind and to the last male agnate who had died or to another prince who had previously died.  It is to be well understood that in the direct line the right of representation will be observed as to the nearest line together with the quality of primogeniture and agnation.  If the succession should pass to a woman, her male descendants must observe the established order.  Should the female descent also be extinct, then the succession reverts to the person of my brother the Intante Don Phillip and to his male descendants ad infinitum.  And if this also fails, then the succession passes to the female relation as per the order prescribed above.  It is to be well understood that the order of succession prescribed by me can never provoke the union of the monarch of Spain with the Italian sovereignty and possessions; hence, if either the males or females of my descent inherit the Italian sovereignties, there is an express condition that none of them can be King of Spain or Prince of the Asturias if there is another male who can succeed to the Italian states and possessions in conformity to this act.  If there is not such a person, then the King of Spain, if God has given him another son, grandson or great-grandson, must transfer to him the Italian states and estates.

          Having established the succession of my descendants to the Italian states and estates, I humbly recommend to God the Infante Don Ferdinand, giving him my fatherly blessing, hoping to inculcate in him the Holy Catholic Religion, justice, gentlemaness, vigilance, and the love of the people who have obeyed and served me faithfully and thus have merited the gratitude of my Royal House; therefore, I cede, transfer and give to the said Infante Don Ferdinand, my third son by the law of nature, the Kingdoms of the Sicilies and my other States, Estates, Claims, Rights, Titles, and Privileges in Italy, and at this instant I make complete the transmission of the same so that they do not remain with me any longer.  On the other hand, from the moment that I abandon this capital, he can, with the aid of the Council of State and of Regency, administer all of this which I have transferred, ceded, and given to him.

          I hope that my Law of Emancipation, constitution of majority, choice of guardianship and care of the King in his pupilage and minority will be for the benefit of the people and the tranquility of my Royal Family when he succeeds to the above-mentioned Italian States and Estates and will finally contribute to the peace of all of Europe.

          I present this Act, signed by myself and by my son the Infante Don Ferdinand, sealed by my seal, and countersigned by the undersigned Counselors and Secretaries of State, in their capacity as Regents and Guardians of the Infante Don Ferdinand.[9] (emphasis added)

          King Charles III concluded this legally binding document by the signing of the Pragmatic Decree and giving Ferdinand a sword with the following words:

          Louis XIV, King of France, gave this word to Phillip V your grandfather.  I received it from him, and I now resign it to you, that you may use it for the defense of your religion and your subjects.[10]

          It is patently obvious that by the Pragmatic, Charles III of Spain emancipated Ferdinand from any control by the Spanish Bourbon House.  He set Ferdinand up not only as a completely independent sovereign but also as chief of his own separate and distinct royal House.  Indeed, the Pragmatic makes it very plain that the Spanish House of Bourbon is to never exercise any control of any degree or kind over the completely independent Bourbon House of the Two-Sicilies.  In fact, any holding that the Spanish Royal Bourbon House retained, or any other type of suzerainship, over the royal Bourbon House of the Two Sicilies would be a violation of the Pragmatic.[11]

 3. The 14 December 1900 Renunciation of Prince Don Carlos

          Translation of the Renunciation of All Royal and Sovereign Rights for Him and His Heirs to the De Jure Kingdom of the Two Sicilies

Document: the Act of Cannes, with which HRH the Prince Don Carlos of Bourbon Two Sicilies solemnly renounces, for himself and his heirs any rights in the Royal House of the Two Sicilies, joining the Royal House of Spain (1900).

Cannes 14 December 1900

We continue to uphold D. Alfonso of Bourbon, Count of Caserta, as the legitimate successor of the deceased king, His Majesty King Francis II, our august brother Alfonso to succeed him as Head of the Royal House of the Two Sicilies Dynasty, and His Royal Highness Prince Ferdinand of Bourbon, Duke of Calabria, our beloved son, to be witnessed by His Excellency the Baron D. Dominic Carbonelli of Letino, son of the late Baron Louis, aged 69, resident in Naples, the Marquis of Ruffano D. Stanislaus was the son of Ferrante Marchese Augustine, aged 39, residing in Cannes, Commander D. Vincenzo Scala, son of the late Joseph Knight, aged 56, resident in Naples, and Earl D. Marulli Francis son of the late Gennaro Conte, aged 49, residing in Cannes.

He [Alfonso, the Head of the Royal House of the Two Sicilies] presented His Royal Highness the Prince Don Carlos, our beloved son, who declares that he will marry Her Royal Highness the Infanta Donna Maria Mercedes, Princess of the Asturias, and accepts the nationality and this marriage as a Spanish prince, will resign, by this present Act, and solemnly renounces for Himself and his Heirs and Successors, every right and claim to the eventual succession to the crown of the Two Sicilies and to all the Royal Household Goods of the Royal House in Italy and elsewhere according to our laws, constitutions and customs of the family, and in execution of the Pragmatic of King Charles III, our august ancestor of October 6, 1759, whose prescriptions he freely and explicitly declares to subscribe to and to obey.

He also declares to particularly renounce for himself, his Heirs and Successors to those goods and values in Italy, in Vienna and Monaco of Bavaria . . . but retaining his rights to that portion of its assets in the will of Uncle King Francis II. . . .

In view of this statement made by the Royal Prince, we accept the premise and renunciation, we therefore have signed together with the Royal Prince himself, in the presence of His Royal Highness, the Duke of Calabria, and the witnesses to this document, which bears the Royal Seal, and it will be temporarily stored in the Archives of Our Royal House to enforce if necessary.

Signatures:

Alfonso [Chief and Head of the Royal House at that particular time]
Ferdinand of Bourbon, Duke of Calabria [Prince Carlos’ father]
Charles of Bourbon Two Sicilies [Prince Carlos himself]
Domenico Barone Carbonelli of Letino
Marquis Ferrante Ruffano Stanislaus
Comm Vincenzo Scala
Count Francesco Marulli

          The head of a deposed royal House, holding supremacy as a non-territorial internal and legal sovereign, exercises almost absolute authority over the members of it.  As the chief administrator of the affairs of the royal House and guardian of its House rules, it is his or her consent to a renunciation by a member of the House that changes a member’s renunciation from a private unilateral affair into a public bilateral affair.  In essence, the consent by the head of the House gives a renunciation legal effect.  Once a renunciation becomes legally effective, the renouncing prince becomes legally dead insofar as his legal relations to the royal House are concerned.  The person previously below him or her in the order of succession now advances one step, as do all House members that were previously junior to the renouncing member.

          The last statement on the laws of succession in the Kingdom of the Two Sicilies, Article 70 of the Constitution of 10 February 1848, specifically confirms all of the past practices and laws relating to the succession to the Crown:

          The solemn Act of the august King Charles III, of the 6th of October 1759, concerning the order of succession to the Crown confirmed by the august King Ferdinand I in article 5 of the law of 8 December 1816, and by the sovereign Acts of 7 April 1829, and of 12 March 1836, and all of the acts relating to the Royal Family remain fully in force.

          Obviously, Prince Carlo’s renunciation of 14 December 1900, made pursuant to the "laws, constitutions and customs of the Family and in execution of the Pragmatic of King Charles III," would be valid under the municipal law of the Two Sicilies.  This act was completely legal and binding upon Prince Carlo and his heirs.

 4. The Naturalization of Prince Don Carlos as a Subject and Infante (Prince) of Spain as well as His Renunciation of His Citizenship in the Kingdom of the Two Sicilies

          Translation of the Certificate of Citizenship and Civil Registry at the Palace in Madrid of 7 February 1901:

          The minutes show: HRH Infante Don Carlos de Borbon y Borbon at The Town and Court of Madrid at twelve noon on the seventh day of February nineteen hundred and one, made in the rooms of the Royal Palace in the presence of Her Majesty the Queen Regent and its servant and minister, D. Francisco Javier Gonz'lez Castejón and Elio, Marquis of Vadillo, Grand Cross of the Order of Isabella the Catholic, Professor of Law, Central University, Member of Parliament, Minister of Grace and Justice and with this character, in charge of civilized state registration of the Royal Family, and Don Oliver and Esteller Welcome, Commander of the Order of Carlos III, Grand Commander of St. Michael of Bavaria, Commander of the Orange Nassau of the Netherlands, Official Leopold of Belgium, Guy of the Royal Academy of History, permanent Judge of the Court of Arbitration International, Director General of Civil Registries and property and in that capacity Notary and Secretary of the Civil Registry noted the Royal Family appeared before the same Lord Infante Serene Highness of Spain Don Carlos de Borbón y Borbón and was pleased to say and declare, That having obtained today by Royal Decree on the recognition of the Spanish naturalization, was his free will and volition fulfilling the precept stated in section one hundred one of the Civil Registration Act, to enable it to extend the corresponding certificate of registration in the civil state of the Royal Family, for the purposes stated in section three hundred thirty of the Code Civil, showing the transfer of Royal Decree and his birth certificate.  In his view and the demonstration that His Royal Highness had given those documents and Her Majesty, the Queen Regent, on the proposal of the Minister of Grace and Justice, considering that sufficient, HRH and those invited to the fulfillment of the formalities required in that section one hundred one of the Civil Registry Law did so.  In consequence of this, HRH desires to declare with plain words, that he has solemnly and formally renounced his former nationality and accepted the Spanish.  He then held his hand on the book of the Holy Gospels, then HRH in a clear and intelligible voice said: "I swear by God and the Holy Gospels to be faithful to HM King Alfonso XIII and save the Constitution of the Monarchy and the laws of the Kingdom.  So help me God and be in my defense and do not demand it of me."  Then and after the permission of Her Majesty the Queen Regent was given.

The change of status was then certified (emphasis added)

 5. Spanish Investigation

          Troubled by the dispute, King Juan Carlos in 1983 commanded an investigation by five institutions: the Institute "Salazar y Castro" (part of the Superior Institute of Scientific Investigation), the Royal Academy of Jurisprudence and Legislation, the Ministry of Justice, the Ministry of Foreign Affairs and the Council of State.  After a detailed examination of the issue, fully described in their reports, all five bodies reported unanimously to the King that the heir to the Headship of the Royal House of the Two Sicilies and its prerogatives was H.R.H. Don Carlos de Borbón-Dos Sicilias y Borbón-Parma, Duke of Calabria (now also Infante of Spain [the Spanish rather than the Italian claimant).  On March 8, 1984, this decision was conveyed to H.R.H. [the Spanish claimant] in a formal letter. . . .[12]

          However, there are tremendous conflicts of interest found here that renders this verdict completely unsound.  A number of people involved in this "investigation" received high recognitions in the Grand Cross of Constantine Order of St. George from the Spanish claimant.  Objectivity cannot exist when the "victorious" side immediately bestows high honors upon the investigators – this is merely a form of bribery.  Therefore, the probative value of these institutions is obviously suspect.

          Furthermore, a large problem beyond the lack of objectivity is that this "investigation" violates the cardinal principle of non-interference into the affairs of an independent royal House.  The Two Sicilies is a sovereign, de jure royal House, and it was a huge breach of natural law for it to be attacked by Spanish minions.  

          Therefore, it is for the royal House of Bourbon – Two Sicilies, and it alone, to determine what person is the head of the House, subject to its House law.  The House makes its own decisions; this is addressed below.  (See the sub-chapter entitled, "Legal and Lawful Solutions to Succession Conflicts Provided under International Public Law" in Chapter V.)

 6. The Declaration of All the Adult Members of the Royal Bourbon House of the Two Sicilies

          On 6 June 1962, the entire adult membership of the Royal House of the Two Sicilies, in full accordance with international law regarding succession rights, assembled in Naples either personally or by delegation to finally and conclusively resolve the succession dispute that flared up at the death of His Royal Highness Prince Ferdinand Pius, Duke of Calabria [the Italian claimant].  After giving the entire matter deep thought and considering various opinions put forward by eminent jurists, they rendered an unequivocal decision.  The following is a translation of this important juridical document:

DECLARATION

Their Royal Highnesses: The Princes of Bourbon-Two Sicilies: Don Gabriel, Don Antonio, Don Giovanni, Don Casimiro; Don Ferdinando, Duke of Calabria; the Royal Princess Donna Maria Giuseppa, Donna Urraca, Donna Maria del Carmen; met in Naples this day, in person or by delegation, and agree upon following formal declaration:

         To renew their expression of deep loyalty and obedience to His Royal Highness the Prince Ranier Maria of Bourbon, Duke of Castro, rightful Head of the Royal House and Family of Bourbon-Two Sicilies, in conformity with the laws and constitution of the Royal House and Family of Bourbon of the Two Sicilies;
         To protest, in their quality of sole members of the said Royal House of Bourbon of the Two Sicilies, the inadmissible and unqualified intrusion of His Royal Highness Don Juan of Borbon y Battenberg, Count of Barcelona, Head of the Royal Spanish House of Bourbon [the father of HM King Juan Carlos I of Spain], in questions pertinent exclusively to the Royal House of Bourbon of the Two Sicilies;
         To rebuff, once more, the absurd pretense put forward by His Royal Highness Don Alfonso de Borbon y Borbon, Infante of Spain, of being part of our Royal House of the Two Sicilies, in the face of the agreements and solemn pacts signed by Her Majesty the Queen Regent Maria Christina of Spain and His Royal Highness Don Alfonso of Bourbon, Count of Caserta, Head of the Royal House and Family of Bourbon of the Two Sicilies, and the Official Acts of the Kingdom of Spain, still valid today;
         To reaffirm their strict adherence to the Laws, Constitution, Pacts, Forfeitures, and Renunciations in conformity with the usages of the Royal House and Family of Bourbon of the Two Sicilies, consecrated by two centuries of history, and always respected and scrupulously observed by their dead Forefathers, including their beloved Brother and Uncle, His Royal Highness Don Carlo de Borbon y Borbon, Infante of Spain.

Naples, 6 June 1962 (emphasis added)

          Apart from every other consideration, this declaration conclusively resolves the succession dispute in favor of the Italian claimants.  Such a grand or royal council is the established way in international law to settle and conclude succession difficulties. (See the sub-chapter entitled, "Legal and Lawful Solutions to Succession Conflicts Provided under International Public Law" in Chapter V).  That said, the following is the recent first step towards reconciling the two Houses:

 7. Act of Family Reconciliation of the House and Dynasty of Bourbon Two-Sicilies

          ON THE ONE PART HRH Prince Don Carlo of Bourbon Two Sicilies, Duke of Castro, and his Consort HRH Princess Donna Camilla, Duchess of Castro, both on their own behalf and in personal and dynastic representation, and on behalf of their daughters HRH Princess Donna Maria Carolina of Bourbon-Two Sicilies, Duchess of Palermo and HRH Princess Donna Chiara of Bourbon-Two Sicilies, Duchess of Capri.

         AND ON THE OTHER PART HRH Prince Don Pedro of Bourbon-Two Sicilies, Duke of Noto, on his own behalf and on behalf of His Father HRH Prince Don Carlos of Bourbon-Two Sicilies, Duke of Calabria, Infante of Spain, by whom he has been expressly delegated to complete this RECONCILIATION, together with his spouse HRH Princess Dona Sofia, Duchess of Noto, and their son HRH Prince Don Jaime of Bourbon-Two Sicilies, Duke of Capua.

          BOTH PARTIES, animated by a desire for family and dynastic rapprochement and reconciliation between the two branches of the Royal House of Bourbon - Two Sicilies, which, due to historical circumstances, misunderstandings and misconceptions by family members, has been for many years the subject of disputes both personal and among its supporters:

          BEING AWARE that the divisions and disputes between the two branches produced nothing except greater division and loss of prestige for the dynasty, aside from the good example of family harmony that is expected from such a distinguished Royal House.

          UNDERSTANDING on the one hand in accord with the times and because the judgment of history requires them to leave evidence of a good example and harmony and on the other hand because the division between the Constantianian knights and dames militating with in the Sacred Military Constantinian Order of Saint George is harmful to the Order and its aims.

          BOTH SIDES BEING AWARE of the continuous efforts of our recent Popes, and in particular, of our recent Holy Father, Pope Francis, in favor of the re-evangelization of Europe and of the unity of all Christians.

          DECLARING their common desire for reconciliation, as a family and as Constantinians of both branches and to put an end to the rivalries and misunderstandings between family members and their supporters, in a renewed Constantinian and Catholic spirit of service to the Holy Church and spreading our Holy Faith.

          CONFIDENT on the part of both that Divine Providence is charged with indicating the way to dynastic unity of the Royal House of Bourbon Two Siclies.

          AGREEING that both parties shall in the meanwhile put all their efforts to a dynastic and family commitment towards achieving a spirit of harmony and understanding not only between themselves but also between their followers and supporters, RECOGNIZINGLY RESPECTIVELY AS COUSINS THE TREATMENT AND TITLES PRESENTLY USED BY BOTH PARTIES AND THEIR DESCENDANTS, ACTING PUBLICLY TOGETHER AS A SINGLE FAMILY.

          And in good faith and family concord to invite to join in this ACT OF RECONCILIATION all members of the dynasty of Bourbon Two Sicilies, to whom both parties will make known this private ACT OF RECONCILIATION.

Signed at Naples the 24 January 2014 [13]

[1]  Sir Robert Phillimore, Commentaries upon International Law, vol. 2, 1871, p. 94.

[2]  The Americana: a Universal Reference Library, vol. 17, Frederick Converse Beach and George Edwin Rines, eds., "Pragmatic Sanction," 1912.

[3]  Hugo Grotius, The Law of War and Peace, Book 2, chapter 7, no. 25.

[4]  Samuel Pufendorf, On the Duty of Man and Citizen According to the Natural Law, Book 2, chapter 10, no. 6.

[5]  Johann Wolfgang Textor, Synopsis of the Law of Nations, chapter 9, no. 19.

[6]  Samuel Pufendorf, On the Duty of Man and Citizen According to the Natural Law, Book 2, chapter 10, no. 7.

[7]  Thomas Hobbes, De Cive, chapter 9, no. 15, 2004, p. 83 originally printed in 1651.

[8]  Sir Charles Petrie, King Charles III of Spain: An Enlightened Despot, 1971, p. 65.

[9]  Edmund Burke, The Annual Register or, a View of the History, Politics, and Literature for the Year 1759, 8th ed., 1792, pp. -252-255.

[10] Op.cit., Sir Charles Petrie, p. 66.

[11]  Article 2 of the Treaty of Naples of 3 October 1759, in Carl Wenck, Clemens V Und Heinrich VII: Die Anfange Des Franzosischen Papstthums, vol. 3, 1882, p. 206.

[12]  Guy Stair Sainty, Two Sicilies Succession – Detailed Analysis; 2011: http://www.chivalricorders.org/royalty/bourbon/twosicilies/dispdetl.htm.

[13]  L. Mendola, In Defence of (Real) History: Who is Head of the Royal House of Bourbon of the Two Sicilies and Grand Master of the Constantinian Order?; 2014: http://www.regalis.com/2sicilieshead.htm and http://www.regalis.com/reconciliation.pdf.

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