Appendix V:  (Volume II)
Possible Juridical Declaration of Ascension by Members of the House of Habsburg-Lorraine

DECLARATION OF ASCENSION

          Their Imperial and Royal Highnesses, the Archdukes and Princes Imperial of Austria and Princes Royal of Hungary, Bohemia, Croatia, Moravia, Slovakia, Slovenia, and Bosnia, de jure Members of the Arch-House of Habsburg-Lorraine in accordance with the 19 April 1713 Pragmatic Sanction, the 3 February 1839 Family Statute, and the 12 June 1900 Amendment thereto:

(Include the list names of Archdukes and Archduchesses signing this Judicial Declaration of Accession)

UNDER COMPETENCE GRANTED BY PUBLIC, INTERNATIONAL, AND DYNASTIC LAW as follows:

A. The original 3 February 1839 enactment of the Habsburg Statute;
B. The subsequent 12 June 1900 Amendment to the Family Statute;
C.  The classic doctrines of Public and International Law declaring that all public law "rights of jurisdiction" or competence in "patrimonial" dynastic matters regarding "the right of succession" to a "true kingdom" have been "transferred" by the 19 April 1713 Pragmatic Sanction to the "royal family" concerned conferring competence or legal capacity upon Us to act as impartial "arbitrators among the royal family" to resolve all factual and legal issues relating to the dynastic succession to the Chiefship of our House. (See Hugo Grotius,  De Jure Belli ac Pacis Libri Tres, Book II, Chapter 7, No. 27(2); and the authoritative publicist, Samuel von Pufendorf, De Officio Hominis et Civis Libri Duo, Book II, Chapter 10, No. 12, p. 135):

          WE, the adult male Agnate Archdukes as legal "Members" re Title I, §1 Family Statute of the "House of Habsburg-Lorraine" possessing dynastic rights of succession vesting under the 19 April 1713 Pragmatic Sanction as "authentically interpreted" (ABGB 8) by the 3 February 1839, whose specific "Beirath und Zustimmung" (advice and consent) was required for the 1839 enactment of the Family Statute and the 1900 enactment of the Amendment thereto, possessing the full right of legal competence under the aforementioned doctrines of Public and International Law to adjudicate all relevant issues of "law" and of "fact" surrounding the succession to the Chiefship of the House of Habsburg-Lorraine, together with our Mothers, Wives, Sisters, and Adult Daughters also legal "Members" re Title I, §1 Family Statute of the "House of Habsburg-Lorraine" meeting as the Family Council of the Arch-House of Habsburg-Lorraine in Brussels this _____ day of ______, 2015 in person or by delegation, and

           WE as de jure "Members of the Arch-House of Habsburg-Lorraine" re Title I, §1 Family Statute, inter alia:

          A.  Qualifying legally under the 3 February 1839 Family Statute, and the 12 June 1900 Amendment thereto as Princes Imperial and Archdukes of Austria, Princes Royal of Hungary, Bohemia, Croatia, Moravia, Slovakia, Slovenia, and Bosnia, the de jure Members of the Arch-House of Habsburg-Lorraine either (1) "by birth" re Title I, §3 Family Statute as "die Geburt erworbenen" into the Arch-House to two parents who were, themselves, legal "Members" re Title I, §1 Family Statute of the Arch-House at the time of our conception or (2) by marriage into the Arch-House qualifying dynastically in accordance with the legal requirement of "Standesgemässe" in Title I, §1 Family Statute as defined with specificity in the 1900 Amendment thereto;  

          B.  Possessing de jure rights of dynastic succession to the heritage of the "inseparable and indivisible" permanent and unbreakable dynastic "real union" vesting under the 19 April 1713 Pragmatic Sanction in the Primogenitus or First-Born Heir of Holy Roman Emperor Charles VI;

          C.  In Our Collective Dynastic Capacity as the direct or collateral descendants of the Blessed Karl I & IV and Kaiserin Zita, Kaiser Franz Joseph, Kaiser Ferdinand, Kaiser Franz II, Römisch-deutscher Kaiser Leopold II, Römisch-deutscher Kaiser Joseph II, Maria Theresa Ehzgin v. Österreich, Kgin v. Ungaren und Böhmen -- Römisch-deutscher Kaiser Franz I, and Römisch-deutscher Kaiser Karl VI, who enacted the Pragmatic Sanction of 19 April 1713;

          D.  Sitting as the formal Family Council of the Arch-House of Habsburg-Lorraine in Our Judicial Capacity as the lawful and impartial "arbitrators among the royal family" concerned so designated by the traditional and most venerable doctrines of public and International Law;

          WE are the only body seized with full judicial competence and dynastic legal capacity to adjudicate all relevant issues of "law" and of "fact" surrounding the succession to the Chiefship of our House of Habsburg-Lorraine arising recently, because:

          A.  particularly after the 6 September 2011 death of Archduke Felix of Austria, born 31 May 1916 at Schönbrunn, the last living Member of our House possessing de jure public law dynastic rights of succession vesting under the 19 April 1713 Pragmatic Sanction acquired in Public International Law before re ABGB 5 the 11 November 1918 withdrawal from power by Blessed Kaiser Karl I & IV whose claims in public law need to be renewed before they lapse through the rules and principles of prescription, and

          B.  after the 4 July 2011 death of Dr. Otto von Habsburg-Lorraine by the means of issuing the following formal Judicial Decision and Declaration of Accession:

          NOW THEREFORE WE DO MAKE AS A FAMILY COUNCIL sitting in our judicial capacity the following findings of fact, determine the necessary conclusions of law derived from such facts, and following the precedents established by the 3 February 1839 enactment of the Family Statute and the 12 June 1900 enactment of the Amendment thereto grant our specific dynastic "Beirath und Zustimmung" to issue the following formal JUDICIAL DECLARATION OF ACCESSION pursuant to the doctrines of Public and International Law, to resolve every potential "issue" surrounding the undoubted succession of our Brother, and Cousin, His Imperial and Royal Highness, the Archduke Lorenz of Austria-Este, Duke of Modena, married to Princess Astrid of Belgium, daughter of King Albert II of the Belgians to the following, upon the 6 September 2011 death of our beloved Uncle, and Cousin, Archduke Felix of Austria, possessing de jure rights of succession under the Pragmatic Sanction acquired on 31 May 1916 before re ABGB 5 the 11 November 1918 withdrawal from power by the Blessed Kaiser and King Karl I & IV as well as upon the 4 July 2011 death of our beloved Uncle, and Cousin, the late Dr. Otto von Habsburg-Lorraine, WE thus acclaim HIRH Archduke Lorenz of Austria-Este, Duke of Modena as:

          A.  The undoubted Chief of OUR ARCH-HOUSE OF HABSBURG-LORRAINE in his dynastic capacity as the qualifying PRIMOGENITUS of Holy Roman Emperor Charles VI under the 19 April 1713 Pragmatic Sanction in his dynastic capacity as the First-Born legal "Member" re Title I, §1 Family Statute of the "House of Habsburg-Lorraine" qualifying "by birth" re Title I, §3 Family Statute as "die Geburt erworbenen" into the Arch-House to two parents who were, themselves, legal "Members" re Title I, §1 Family Statute of the Arch-House at the time of his conception (ABGB 22) as well as by dynastic marriage of 22 September 1984 to H. R. H. Princess Astrid of Belgium meeting, prima facia, the legal requirement of "Standesgemässe" in Title I, §1 Family Statute as defined with specificity in the 1900 Amendment thereto;

          B.  The Holder of the Usufructuary Fideicommiss consisting of all of the "components" united permanently together in "Inseparable and Indivisible" dynastic "real union," particularly the legitimate Holder of the title of "Duke of Burgundy" and as such Chief and Sovereign of the Order of the Golden Fleece (re authentic interpretation [analogous to ABGB 8] made under Article LXVI of 1431 Statutes of the Order of the Golden Fleece), established by Article 7 of the 19 April 1713 Pragmatic Sanction;  

          C.  Our lawful Chef de Familie and Familien-Oberhaupte under the 3 February 1839 Family Statute and 1900 Amendment thereto;

          D.  The Holder of the personal hereditary non-territorial dignity of de jure "Kaiser von Österreich" vesting as a personal title in the Chief of our Arch-House under the 11 August 1804 Imperial Patent of Holy Roman Emperor Franz II;

          E.  The Inheritor of the public law claims of Blessed Karl I & IV, the most recent Emperor of Austria, Apostolic King of Hungary, King of Bohemia, Croatia, Duke of Salzburg, Styria, Carinthia, and Carniola, Margrave of Moravia, Count-Prince of Habsburg and the Tyrol, Count of Hohenembs, Feldkirch, Sonnenberg in Vorarlberg, etc; and,

          F.  The Successor Fondschef of the 1936 FVF qualifying fully under the specific provisions of §4(2), §6(1)(Abs. 1), §6(1)(Abs. 2), §6(1)(Abs. 3), §6(2), §6(3)(a), §6(7) of the 29 April 1936 FVF Statute issued by the Austrian Government under competence granted by §§2-7 BGBl. 299/1935, during the Legal Order of the 1934 Constitution and registered on 29 April 1936 upon the Official Books of the Austrian Federal Chancellery as Zl. 147.334-4/36, which created a real right of intangible incorporeal property consisting of the "legal personality" (ABGB 26) of the 1936 FVF or Habsburg Family Trust.

          At the same time, WE renew the 24 March 1919 Feldkirch Manifesto and 4 November 1921 Tihany Protest of our Father, Grandfather, and Great-grandfather, the Blessed Karl I and IV, Emperor of Austria, Apostolic King of Hungary, King of Bohemia, Croatia, Archduke of Austria, Duke of Salzburg, Styria, Carinthia, Carniola. Margrave of Moravia, Count Prince of Habsburg and of Tyrol, Count of Holhenems, Feldkirch, Bregenz, Sonnenburg in Vorarlberg, etc., etc. made on upon departing Austria for exile and upon departing Hungary to die on the Isle of Madeira.  This constitutes in Public International Law a renewed protest claiming the continuing right to rule as required by prescriptive law to maintain our rights as non-territorial sovereigns.

(The full Declaration of Accession should to be signed by the Members and/or duly authorized representatives of the Arch-House as a proclamation to the world.)

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