Compendio de
Derecho Nobiliario
Don
Rubén Gavaldá de Gevaudan
Prince
of Septimania and Sovereign Count of Gevaudan
This
article first appeared in Spanish in the Winter 2016 issue of Knightlife
Magazine.
A MATTER OF RIGHT
Singularities of the monarchy and the nobility.
Royal prerogatives and their depositories.
The Holy Roman Empire. The Gotha.
The overall theme that we and the individual who started it is
necessary and substantial starting from the concept of dynasty, it
defines a group of rulers of a State coming directly or indirectly
from a monarchist; her family is its core and epicenter. These
families break at a certain moment in the history of a nation as
sovereign family, the Royal family, the maximum of the village
leaders and representatives will originate.
What defines Royal families is a centuries-old tradition with the
same conduct; based on a heritage of traditions and behaviors in
relation to certain values, concerns and points of view of life,
which are transmitted from generation to generation; This makes it
possible to ensure a succession of people fully identified with
certain types of responsibilities and form a Government to exercise.
The dynasties are produced by history, and collected by the time. The
existence of a monarchy and the Royal families is independent of any
success or institutional failure that surrounds them; Accordingly the
Republican system does not have the power to undo history and break
the traditions.
The doctrine and jurisprudence have reaffirmed that territorial power
is not essential for the exercise of the dynastic prerogatives, which
are linked and you own the person of the sovereign, which preserves
such conditions, even after the loss of the throne, and that happens
with regularity and legitimate right to their heirs and successors.
It is be to take into account the difference between the concepts of
dynasty and Royal House. Dynasty is the set of sovereigns, Princes,
and suitors, which belongs to a lineage with a common ancestor. In a
country, there may be several dynasties, with successive reigns, and
each maintains its traditions and peculiarities. Real House a happily
prevailing or entity in resulting exile usually weddings, various
branches of the family, etc.
A sovereign, happily prevailing in his country, is treated as the
tradition and the local Constitution determines which may be any of
the following official titles: Emperor, King, Prince sovereign,
sovereign Duke, sovereign count, etc. The monarch is the head of
State, carries out international relations, and is the maximum symbol
of that nation; representative of his Crown and traditions. As
President ensures the balance between the three traditional powers
(legislative, Executive and judicial), functioning as authentic and
effective institutional balance. When you lose the territorial power,
the monarch also lost the powers of effective control ("ius
imperii" and "ius gladii"), but will retain the
dynastic prerogatives ("jus majestatis" and "ius
honorum"), which, as already mentioned, are inalienable to his
person. He will assume the title of Chief of the name and arms of the
Royal House, now in exile, this condition is recognized by the
international tradition, such as "Pretender" to a specific
throne, and between their dynastic powers, to intervene in all claims
of titles of nobility of its jurisdiction, recognizing them,
validating them, as well as creating and granting new titles, in its
sole discretion.
The dynastic prerogatives remain "ad aeternum" in an
ancient former reigning family, but return to the functions of them
as heads of State is not secured by any Convention; This peculiarity
is that in modern societies, the choice of rulers belongs to the
people either through their representatives or by the expressions of
popular will, called a plebiscite. If it determined that the
institution of the monarchist is valid and accepted governance, it
would result in the return of the last reigning House suitor, as
likewise if any other precedent, considering the constituent Assembly
the right to call a former ruler or any of its descendants and
Enthrone him, or choose between representatives of old dynastic
families with legitimate right and raise it to the actual function.
As an example, we cite to the courts of Spain, who approved the
appointment of Prince don Juan Carlos de Borbon y Borbon to succeed
Franco, to the detriment of another Royal pretender, Prince don
Carlos Hugo de Borbón y Parma, also holder of legitimate
rights to claim to the throne of Spain. Juan Carlos de España
is a clear demonstration of how a dynasty can return to reign:
enthroned in 1976, after a long period of dictatorship, is grandson
of a King and the father of a future King to be King but son of an
Earl who never came to reign his people.
Christian thinkers such as Augustine, Hobbes or Bossuet supported the
theory of divine right as the primary dynastic prerogative. This
doctrine has been replaced by another, more in keeping with the
mindset of the current people, talking about the constitutional
concept. In one case or the other, the doctrine and international
jurisprudence have respected the sovereignty as a concept that
encompasses the exercise of the following four dynastic rights:
(1) "Ius imperii": which translates as the right to send,
to govern a nation. Modern conception in constitutional monarchies
says that the King "Queen but not govern.", but is in fact
the moderator of the exercise of power.
(2) "Ius gladii": i.e., the right to impose obedience and
enforce its orders. At present, this power is exercised with the
Supreme command of the armed forces of the nation.
(3) "jus majestatis", which is the right to be protected
and respected in accordance with the laws and international treaties.
(4) "Ius honorum", understood as the right to reward virtue
and merit award or confirmation of nobility and degrees of knighthood
within those that belong to the heritage of his dynasty.
These rights are inherent in the person of the sovereign,
inseparable, inalienable and imprescriptible. The monarch may,
however, and for personal reasons abdicate them in favour of another
Member of his family, with legitimate rights. The dynastic rights
above are transmitted entirely and solely to their descendants, heirs
or successors, without limitation lines or degrees, through another
law called "Ius sanguinis", i.e. the right of blood.
A sovereign (or their descendants) that it has lost the territory and
are in exile without having committed never debellatio retains the
full exercise of the rights referred to except the "ius
imperii" and "ius gladii", which will be potential,
i.e., suspended temporarily until the time of return to the exercise
of sovereignty.
At the dawn of the 21st century it seems surprising to the survival
of a political system that based its legitimacy on the historical
tradition, although it is true that survives thanks to the support of
his subjects, as without their trust, their existence would be
impossible. Therefore, we can say that the monarchy is an institution
that is based both in history and the will of the people, expressed
in the Constitution.
A former monarch can claim the throne, instance is transmitting
hereditary in perpetuity. For this reason, the direct heirs to
Thrones extinct receive treatment of suitors. Due to the historic and
dynastic requirements that converge in the person of the pretender is
not a common citizen since it is subject to public international law.
The head of a former Royal family retains the title and the heraldic
attributes inherent to the last ruler of his family, whose
territorial power has ceased. Your responsibility in the exercise of
that right, is grant and confirm shields of arms, execute,
acknowledge, confirm and renew the nobility "in illo
tempore", i.e. at that time. A monarchy can be overthrown by
popular decision or what is most common, under the so-called
"coups". In such cases, the ruler and his family went into
exile, in some cases, the prohibition on temporary or permanent
return to their homeland.
The doctrine conceptualized a phenomenon known as 'debellatio' as
explicit and formal renunciation of the monarchical system of
Government and political and institutional to another system of
Government acceptance. The head of name and arms of a royal dynasty
so acting, by voluntarily accepting the break institutional, loses
ipso facto the possibility to claim for himself and his successors,
the throne who has corresponded with him.
Sovereign perpetuity and those deposed without sacrificing dynastic
qualities are recognized by international jurisprudence. A sovereign
family will not be a mere and particular princely family, but a true
and own dynasty, which retains the right to be honored, respected,
and protected by international law. In essence the sovereign remains
the King, still living in exile or in private life, since their
prerogatives are you own from and by birth, staying and transmitting
them over time, from generation to generation. A sovereign from his
exile can raise the degree of nobility to any person unless you can
be branded as illegitimate or illegal; This is based on their
sovereign prerogatives to which it never relinquished, and therefore
always remains the owner of the right as sovereign in exile. It is
also noteworthy that the princely and sovereign houses in exile do
not require acknowledgement by the Government of its country of
origin, or the local government where they have their residence. They
have dynastic and political independence of another State. As
citizens, however, they are obliged to submit to the General legal
principles that are common to all the inhabitants of the country of residence.
A former reigning sovereign and former family has no limitation of
time for the State of exile (we refer to the exile in order to
preserve the dynasty), this will keep its prerogatives "in
pectore et in potentia", with its intrinsic qualities
imprescriptible and inalienable, through the centuries, until they
are restored to the throne of his ancestors. During the interregnum,
the dynasty retains its traditions and can exercise the "ius
conferendi" at the discretion of his boss. Dynasties in exile do
not receive State funds and their members live their own resources,
carrying out professional activities as ordinary citizens, working
silently and on their own account, on a voluntary basis, in the areas
of education, health and assistance to people in need, for example.
A sovereign enthroned according to the accepted traditions, kept
their dynastic prerogatives "ad aeternum", regardless of
whether it is or not in the exercise of State power. With the
enthronement, with the effects of the consecration, the current
mandate falls indelibly in his person forever, and is transmitted to
his heirs or successors. Away from the temporal power, the monarch
becomes ex-gobernante, but always have the personal quality of King,
with inherent to their status protocol treatments.
Dynasties can be classified into:
I) prevailing: acting effectively as a monarchical head of State, are
the representatives of the countries; its external relationship is
governed by norms, treaties and the provisions of the international
public and diplomatic law. As head of State, its internal position is
defined by the Constitution and the laws of your country.
(II) recently deposed dynasties: i.e. within one period of less than
a century
(III) dynasties deposed with a term of more than one century:
typically calls as memorials. In this context, are considered as
dynasties memorials those families whose ancestors have wielded
supreme power over a nation, whose current representatives distance
themselves from the throne for more than three generations, i.e.,
more than one century.
The former reigning monarch with the title of Chief of name and arms
of their dynasty can validly carry out formal acts, grant or
recognize noble actions, the Organization of protocol services for
your home, the maintenance of diplomatic relations with heads of
State, monarchs or other leaders in exile. Also you can organize,
create or restore orders of knighthood of the heritage of his family,
as well as appoint ambassadors and Ministers. Obviously, these
appointments are merely honorary, and try to maintain social and
cultural relations amen to represent the Royal family in exile.
Former monarchs can claim the vacant throne, this perspective of law
is hereditary, transmitted in perpetuity, for this reason, the direct
heirs to Thrones extinct, vacant or occupied by another dynasty,
called the suitors. The heads of dynasties memorials can be appointed
as guardians of the Royal Crown and national traditions.
If the holder does not have valid for blood offspring may appoint a
successor that has no blood link with it, this resource is called:
aristocratic heraldic adoption. We know that the succession should
always be kept blood link with the family, but at the prospect of the
extinction of the dynastic rights due to lack of heirs, an adopted
child in monarchy can be named, by putting in place in the future a
new dynasty that will be recognized and honored, as was its
predecessor. The appointment will be formalized by an act of the
dynastic head, in full exercise of its powers, usually with proper
protocol before notary and public proclamation of the graceful and
free Act.
As epilogue of this chapter we will refer to two great institutions:
the first is the Sacrum Romanum Imperium, known since the 13th
century as the Holy Roman Empire: was a political entity of the
Western Europe, with its epicenter in Germania, born in the year 800
with the coronation of Charlemagne, first emperor of the West, and
completed in 1805 with the abdication of its last holder the emperor
Francis. The concept of sacred derives from the figure of the Pope
who usually, not always, participated in the election, crowned or
eventually acknowledged to the chosen; at the same time it ratified
to the elect in the Chair of St. Peter. Instead the denomination of
Roman was symbolic in memory of what it was and I represent this at
some point.
The Holy Roman Empire was an entity established by the Church to
serve, not a universal sovereignty, but a kind of leadership over all
the Kings of the West. The emperor could not give an order to the
King of France, but it was the natural leader in the fight against
the heretics, in the domain of the adversaries of the Church. There
were then two Supreme monarchies, first the Pope and the emperor.
Under Pope, to open the entire ecclesiastical hierarchy as a fan.
Under the Emperor, all monarchies and then all the feudal and
municipal structures opening up also as a fan. On one side the King,
and on the other the Pope. Above the King, the Emperor of the Holy
Roman Empire, above all ("reductio ad unum") the Supreme Pontiff.
This relationship of legitimacy through the sacred throne the crowns
they received special treatment and titles, by what was up and
happily reigning Royal houses today is: the King of Hungary,
Apostolic King; the King of France, all King; the King of Spain,
Catholic King; the King of Portugal, most faithful King; and the King
of England, defender of the faith.
In 1963 the Association of noblemen of sacred Roman Empire was
created to bring together the descendants of various invested as
Nobles to the Holy Roman Empire, also, including a number of honorary
members. This Association of Nobles was founded by Prince Giovanni
Allita di Montereale and count Giancarlo Bonifazi de Statte. Its
Chancellor is Prince Mario Pignatelli Aragona Cortés
(descendant of Prince Ferdinando Pignatelli Aragona Cortés
founder and second President of the Heraldry Institute of Buenos
Aires). They form part of this Noble institution, in its different
areas, count Giancarlo Bonifazi de Statte, Prince Domenico Napoleone
Orsini, don Carlo de los príncipes Giovanelli, the Marquis
Henri de Thoran, the Marquis de Cosimo Dragonetti Torres, among many others.
The Association of the nobility of the Holy Roman Empire for many
centuries has been preserved for the defense of the Christian faith.
Today it consists formally of the old and new families of the Holy
Roman Empire and is, therefore, a closed Association. The Holy Roman
Empire manages its own traditions through the surviving families, and
has never suffered any and less even than the domination of any
foreign power interference.
We emphasize the essence of this international organization
constituted by a United and loyal group of nobility which share the
same goals and ideals.
The second institution to mention is the Almanac Gotha, a metonymy in
book form that originated in the mid-17TH century in the city of
German Gotha, where he was to meet members of the Royal houses of
noble families. It had an uninterrupted Edition until in 1945 Soviet
rule banned it, it was reborn under the auspices of the King Juan
Carlos de España. The Gotha Almanac Edition is a guide to
royalty in the world, but not the only one.
The first edition of this Yearbook genealogico-heraldico - diplomat
was made in 1763 under the patronage of the Princess Louise Dorothea
of Saxe-Meiningen, Duchess of Saxe-Gotha, his Edition was in German
(local language) and French (language of the courts).
The first Almanac de Gotha consisted of two parts, a genealogical and
other diplomatica-estadistica containing a detailed list of senior
officials and agents diplomats from all States of the world; This
second part is not already published. The genealogical part was in
turn divided into three sections: places and dates of birth,
marriage, titles, positions, decorations, etc. Commented the
genealogy of former reigning Royal, reigning or former families from
all over the world. Specifying the genealogy of the old houses
relevant of the Holy Roman Empire, princely and County with law of
equal birth with sovereign houses. I will review the genealogy of the
most important princely houses and non-sovereign Ducal in Europe,
among other important data.
The main language in the beginning of the Holy Roman Empire was
logically German, although there were also many other languages that
were used to it. English was not an official language within the
Member States of the Holy Roman Empire; but both this and the German
language evolved to become the two major Germanic languages. Between
the V and IX centuries, Germanic tribes such as the angles, Saxons,
Lombards, Franks, and others invaded England. It is from the angles
and the Saxons originated the terms Anglo-Saxon and Anglican.
The old English is a West Germanic language, closely related to the
Saxon and old Frisian; This primitive English is also known as
Anglo-Saxon. There was talk between the mid-5th century and the
middle of the 12th century. The English language, as such, began to
develop at the end of the 11th century; through it the Germanic
languages were linked to the romantic languages.
The Normans ruled England during the period of the conquest of the
11th century, making it the French language was inappropriate and
beginning to be replaced by the English invaders. Today English,
modern is the successor language direct that English medium and
continues to be the main link between the family of Romance languages
and Germanic languages, such as French, Italian, latin, and the
Spanish language.
1650-1702, the House of Orange ruled Great Britain. From 1714 onwards
the House Hanover has held the British Throne. His Government
effectively brought a supremacy of the English language in the Holy
Roman Empire. In fact, Jorge I, King of England and his successors
were prominent and influential Princes electors until the Government
of Queen Victoria. Today, the House Hanover still reigns in Britain
under the name of Windsor, a name adopted during the first world war
due to the conflict presented by its Germanic origins.
The current release, limited by the way, epicenter of London Edition
has been simplified and are just mention prevailing or exiled houses,
houses of the Holy Roman Empire and some other Princely houses and
Ducal less influential in Europe. Some revisionists history intended
to affirm today that original almanacs, as the Almanac de Gotha, were
legal documents, but were in fact not. They were simply an early
version of a "Who's who" among the royalty and nobility and
served mainly as a social register. The fact that a name or title
does not appear often says a lot about the petty nature of editors
and their supporters who deliberately omitted this to many, who
appeared as well as "less reliable", an ancient and common
tactic that currently continues basically by Internet.
Constitute a third instance the international directory of houses
sovereign and Nobles known as the Almanac of Würzburg.
Several monarchies, sovereign houses and States have maintained a
register of members of the Royal and noble houses for a long time.
The Almanac de Gotha served as a form of social register private and
published until the end of the 18th century since its official
records were destroyed by the Soviets in 1944. In this unfortunate
situation of diligent researchers found medieval data in archives of
Würzburg in the former residence Wurzburger, Germany. The
Würzburger Residenz, was the official residence of the
Prince-Bishops of Würzburg, the castle is considered one of the
best examples of Baroque architecture. The Principality-bishopric of
Würzburg was a State of the Holy Roman Empire from 1168 until
1803, when it was absorbed by the electorate of Bavaria. In 1805, he
became an independent State again as the electorate of Würzburg.
The following year it was renamed the Grand Duchy of Würzburg.
The residence has argued for a long time the Würzburg files that
date back to the time of the Prince-Bishop. The data that were found
there helped form the basis for the Almanac of Würzburg, it is a
historic and useful directory that compiles the ancient and the
modern aristocracy. The Almanac includes reigning and non-reigning
houses, houses sovereign, data of the high nobility, and a list of
nobles of many Nations. Its latest edition dates back to July 2014 in
commemoration of the 846 of the State of Würzburg.
Surely there are many other institutions that gather the nobles in
different latitudes of the world, named as a corollary to the
fraternity international of noble houses titled founded in South
America at beginning of 21st century and the Noble company of Santa
Maria of Walsingham in North America.
TITLED NOBILITY
Titles, dation, loss and confirmation classes
LÈSE MAJESTÉ
VALID DOCUMENTS
Etymologically the word noble, comes from the latin
"nobilis", and defines someone who stands out for his
virtues. The word "nobilis", is a middle term between
"notabile" (notable) and "noscibile" (known) and
describing a magnanimous person and elevated feelings. This first
meaning is the original, and corresponds to the so-called moral
nobility. From this meaning derives a second later, that might be
called Civil nobility or policy, and that it corresponds to a
privileged social status.
Nobility was formerly synonymous with privilege and of belonging to a
social order differentiated and hierarchically superior, for example
in Spain where King Alfonso XIII until the nobles with greatness had
Passport diplomatic, today is not so though belonging to the same
open even many doors, and close others.
There was always a person ennobled for the first time, is elevated to
the nobility by another individual regio in full, valid and I lawful
use of his "fons honorum". This primitive nobility is
called the privilege given that it holds "ex novo" (for the
first time) by a graceful as a reward for his military exploits,
heroic attitudes, merely by loyalty and faithfulness to the cause of
his Lord or motu proprio of this. This mercy could be "ad
personam" i.e. only the person that would gratify, we can
mention as an example to Antonio Devoto nominated count on his
surname by King Víctor Manuel III, a few months before his
death; or also to grant it "ad perpetuam" i.e. in
perpetuity with the ability to transmit to their heirs by
primogeniture male or female or who wanted to leave it, what
constitutes a new so-called nobility of blood, either, by descend
from a noble ancestor; who has rights to others to inherit and want
the title will always need to be valid, the confirmation of the same
by stop of the name and arms of the grantor dynasty Chief, therefore
it is not legal or valid to say that you are noble by inheritance if
it is a confirmed title.
Nobility is also understood as the quality or condition of noble;
likewise defines the Assembly of nobles considered a privileged
social class who, either by law or by a sovereign award, enjoy
special privileges. Many nobles often grouped into related, such as
aristocratic corporations the jurisdiction in Hispanic America of
Hidalgos of charters of New Granada and Rio de la Plata.
The titles can have different origins, but always by legal
acquisition, as honorary rights which are, the titles are out of
trade between the men and are not susceptible of that takes place
upon them any kind of commercial transaction. They can be newly
created, obtained by succession, authorization and rehabilitation
(both direct rehabilitation, judicial).
It is appropriate to define the terms, dignity and title. Dignity,
from the latin "dignitas" refers to enhancement and
Excellence Office or honorary employment or authority. Title, on the
other hand talks about a noble, like baron or Marquis dignity with
which a sovereign distinguishes some of its citizens; It carries the
name of a place which are the highest among them, e.g. count of
Torrelavega; or a surname as we gave the example in the case of don
Antonio Devoto, count of devotee; or a memorable event, landform or a
Saint, for example is that of Doña Ana María
Dávila Porcel Lorenzetti, Baroness de san Jorge, of happy
memory and who had opportunity to meet personally.
The titles of nobility, are dignity granted by the sovereign Lords, a
person, whether you are a citizen of your country or abroad, such as
praise for a creditable record in any of the areas of life: Labor
(jobs, research...), or social (humanitarian work, social
improvements, etc.) In summary, we can say, that the titles are
social recognition given to discretion by a certain work or merit.
We know that the titles originally had to do with geopolitical
administration of a Kingdom, but beginning in the 14th century the
reality of the titles difumó and that many of them were purely
honorary, conferred by diploma or patent letter which is also known
as letter of ennoblement, pragmatic, decree or you real cedula.
The increasing order of the titles is:
1 noble (no specific title): actually it is not a formal title but a
form of courtesy to those who didn't come from the title and are near
a titled noble brothers or relatives.
2. Knight: were the children called cadets of nobles, were excluded
from the inheritance to the eldest son (law of Majorat). They had two
possible to be socially paths: to devote themselves to life religious
or Knight. The Knights were put to the service of other nobles, or
towns or monasteries; many had spared no resources to do by the way
that was of some of some stronghold. The Church transformed these
adventurers into a real order, a social class with precise rules, and
a moral code of behavior, which included among others: loyalty, the
defense of the weak, and justice. Controversy exists about whether it
implies or not nobility, according to our criteria, but there are
orders dynastic giving it as a prerogative of the income in this Corporation.
3. baron: of great importance in the Holy Roman Empire and the French
Kingdom since they were members of the high aristocracy, they should
own fiefdom which answered directly to the sovereign.
4 Viscount: who took the place of the count when it went to court.
Originally in the 10th century was use of the French institution.
5. Count: was the first title of nobility which indicated to the
companion of the Emperor, and in whom he trusted and delegated.
6. Marquis: born in the 9th century in the Organization of the
Carolingian Empire, later as head of a count.
7. Duke: originally in the Byzantine and Lombard Italy was an officer
with civil-military functions; in free time disappears to return at
the end of the 14th century as a noble title, the highest awarded by
some crowns.
8 Prince (not blood): little granted given that causes confusion with
the sons of a monarch in exercise or dynasties memorials in exile who
use it as a synonym for Monarch; in the United Kingdom it is only
used by members of the Royal family.
9. other: elector of the Holy Roman Empire chose the Emperor
(something similar happens at present with the College of Cardinals
and the Pope); Prince of blood are those belonging to the Royal
family being relatives of the King: children, grandchildren, etc.;
relatives of the King, are United by ties of blood, but not in a
direct way, for example: cousins, nephews, etc.; Hereditary Prince is
the first in the line of succession to the throne; Prince Consort is
the husband of the Queen.
Titles granted "ex novo", that is to say for the first
time, any outside, they are given by the regio Lord of motu proprio,
regio Act and must not be flawed or the use of the "fons
honorum", i.e. no should mediate pressure or cohesion in the
offeror, as nor should it have the person who accepts it and
receives. Publicly, are granted one of its conditions intrinsic to
its validity, since you must have witnesses and be public. (Received
by heirs) already confirmed titles do not need this solemnity and
notoriety but the novelty and news will be given publicly announced
by means deemed necessary.
The modes in which the nobility can be acquired are: by granting:
when title is awarded to the person who is worthy of the same on
different grounds or merits; by inheritance: when the title is
inherited by way of succession; marriage: when the title holds as
consort of a person with a title.
The titles, in turn can be: lifetime: i.e. When are borne by the
owner until his death; perpetual and hereditary: are those that hold
for the lifetime of the owner and then passed to his heirs. The
inheritance can be "ad infinitum" or limited to one or more
generations that are stated in the award document.
By its nature, could also could carry out the following
classification: vested titles: they are those that are granted by a
patent letter of concession, it is a title "ex novo";
refreshed titles: those who are claimed by people who are considered
worthy of it (titles extinct for lack of heir, for being in
possession of a person which should not belong, etc.); Titles
recognized: they are those titles granted abroad but that are
recognized in other different "fons honorum" sovereign and
country and that you want to use. Recognition is equal to the
confirmation and authentication of the title. When this
authentication they become confirmed titles; and confirmed titles:
are those where an heir is obliged to submit documents and request a
license for use of the title that has the authority to "jure mutuae".
The Royal houses, in exile or not, retain a protocol copy of titles
granted with Protocol, carried date and file number generally by or
in the custody of the Chancellor's House.
The titles are owned by each owner?, the specific answer is, no. Is a
wrong tradition thinking that the title is perpetual ownership of a
family originally its depositary, given that the title always belongs
and is linked to a "fons honorum" the licensor; It is as if
they were being enjoyed by a graceful. Therefore they may lose it?,
the response returns to be specific, if. The titles may lose
basically for the following reasons: death of the holder; lack of
claim of the inheritance; lèse majesté: i.e. proceed
with serious offense against the real person, successor or Regent.
They are also cause for cancellation of the noble worship: libel,
prejudicial in some way against the Crown or the nation, or simply by
motu proprio of the name and arms of the dynasty awarding head who no
longer sees the graceful person reason to exalt it. It is commonly
said that the title returned to the Crown.
TITLE OF PRETENSION AND TITLE OF WAITING
Certain nobility titles, mostly of the heads of the extinct Royal
houses, with the expression of titles of pretence, not being correct
have been validated. Thus, explained that the heir of the branch of
the Orleans from France used the title of count of Paris claim; just
as after the renunciation of his rights to the succession, the
infante don Alfonso de Borbón, son of Alfonso XIII, he used
the title of count of Covadonga claim; in the same way that has been
expressed that the brother of the former, infante don Jaime, used
after his resignation to his dynastic rights to the Crown of Spain
the title of pretence of Duke of Segovia; and recently, talking about
the count of Saint Germain, heir to the Principality of Transylvania.
Titles of claim are those who use the sovereigns, relating to
territories that are no longer within the territory in which exert
their own sovereignty to have been dispossessed the dynasty of the
exercise of the power in that area.
Let's look at the example in don Felipe VI King of Spain, which holds
the title of pretence of Duke of Burgundy since it is successor of
rights of which were sovereign Dukes of that independent nation. Or
the title of pretence of Duke of Milan, who also holds the sovereign
as inheritor of the rights to that place. Or the title of pretension
of King of Jerusalem, that the King of Spain has also. I.e., the
title of pretension is a sovereign in demand of their rights lost to
the sovereignty of a territory which boasts.
On the other hand, expressions of waiting or degree of memory, refer
to uses a sovereign or a Crown Prince while he is not the exercise of
power, well by having moved the institutional form of the State,
either by having seen the throne occupied by another dynastic branch.
This title of pretension will be maintained until the restoration of
monarchy in the nation as or until the expulsion of the usurpante
dynastic branch. Thus, the title of Admiral don Juan de Borbón
awaiting was the count of Barcelona; the title of waiting for the
head of the branch of Orléans is the count of Paris; the title
of the dynast don Carlos, seventh of the Carlist numbering waiting,
was the Duke of Madrid; and the title of the Kings of the two
Sicilies in exile is the Duke of Calabria.
Finally, is means that the title incognito is which effectively
reigning monarchs used to go unnoticed, to maintain anonymity, due to
circumstances that thus advise him. It is the case of the title
incognito from Duke of Toledo used the King Alfonso XIII as the owner
of a stud farm of competition.
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