French Dynastic Disputes: Part V (a)

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Dynastic Disputes, Fundamental Laws of Succession to the French Crown, House of Bourbon, House of Orléans, King Louis Philippe of the French, Louis Alphonse de Bourbon, Louis Philippe

One of the most interesting French Dynastic Disputes is the battle for the vacant or non existent throne of France. The argument rests on the legality of the renunciation of rights to the French throne by King Felipe V of Spain (1700-1746) and his descendents at the end of the War of the Spanish Succession in 1714. Felipe V (Philippe Duc d’Anjou) was born a French prince and a grandson of King Louis XIV of France and Navarre (1643-1715) and also a great-grandson of King Felipe III of Spain (1598-1621) from whose descent he was appointed successor to the childless King Carlos II of Spain (1665-1700).

Prince Louis Alphonse of Bourbon, Duke of Anjou

Today there are two claimants from different lines of the House of Bourbon: Prince Louis Alphonse of Bourbon, Duke of Anjou is the senior male heir of Hugh Capet, King of France (987-996). Louis Alphonse is also the senior descendant of King Louis XIV of France through his grandson King Felipe V of Spain. By the Legitimist faction of French royalists he is recognized as the rightful claimant to the French crown.

Prince Jean of Orléans, Comte de Paris and Duc de France.

The other claimant to the French crown is Prince Jean of Orléans, Comte de Paris and Duc de France. Prince Jean is a descendant of King Louis Philippe (1830-1848), the last King of France and he is the current head of the Orléans line of the Bourbon dynasty.

The issues are complicated so I will attempt to give a basic readers digest version of how the two rival claims arouse. Succession to the thrones of all monarchies are governed by laws. There are two basic fundamental laws that governed the succession to the French throne. The First is the Salic Law which states that the succession is via male only primogeniture and that women could neither inherit the throne for themselves nor pass on succession rights to their sons. The other relevant law is that a French prince could not renounce their rights to the throne.

In 1830 King Charles X of France (1824-1830) was deposed in a revolution. He unsuccessfully tried to abdicate the throne in favor of his eldest son, Louis Antoine, Duc d’Angoulême whom the Legitimist faction call King Louis XIX of France and Navarre. His tenure on the French throne was brief and never recognized for 30 minutes later Louis XIX abdicated his claim to the throne to his nephew Henri of Artois, Count of Chambord. The Count of Chambord claimed the throne of France as Henri V until the Chamber of Deputies proclaimed his distant cousin, Louis Philippe, Duc d’Orléans as King of the French on August 9, 1830. The Legitimist faction view Louis-Philippe as a usurper to the French throne.

Technically he was a usurper. The National Assembly named Louis Philippe Lieutenant général du royaume, and gave him the responsibility to proclaim to the Chamber of Deputies his desire to have his cousin, Henri V, Count of Chambord mount the French throne. Louis Philippe failed to do this in an attempt to seize the throne for himself. This hesitation gave the Chamber of Deputies time to consider Louis Philippe in the role of king due to his liberal policies and his popularity with the general public. Despite Louis Philippe being regent for Henri V the Chamber of Deputies proclaimed Louis Philippe as the new French king, displacing the senior branch of the House of Bourbon which was in direct violation of the Fundamental Laws of Succession to the French Crown.

This concludes part I. Tomorrow Part II will show the rise of the rival claims in the aftermath of the reign of Louis Philippe.

French Dynastic Disputes: Part IV (a).

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Fundamental Laws of Succession to the French Crown, Henri III of France, Henri IV of France, Henri of Navarre, House of Bourbon, House of Valois, Louis IX of France, Louise of Lorraine, Salic Law

The Bourbon succession

At the time of the accession of Henri III, upon the death of his brother, Charles IX on May 30, 1574, France was plagued by the Wars of Religion, and Henri III’s authority was undermined by violent political parties funded by foreign powers: the Catholic League (supported by Spain and the Pope), the Protestant Huguenots (supported by England and the Dutch) and the Malcontents, led by Henri III’s own brother, the Duke of Alençon, which was a party of Catholic and Protestant aristocrats who jointly opposed the absolutist ambitions of the king. Henri III was himself a politique, arguing that a strong and religiously tolerant monarchy would save France from collapse.

Henri III, King of France.

He was expected to produce an heir after he married Louise of Lorraine, age 21, on February 1575, no issue resulted from their union. Louise was the third daughter and youngest child of Nicholas of Lorraine, Duke of Mercœur, and Countess Marguerite d’Egmont. However, as early as the death of François, Duke of Anjou, brother of Henri III of France, in 1584, the succession of Henri of Navarre, Head of the House of Bourbon, had been a likely eventuality. Henri III was the sole remaining representative of the House of Valois, and he was still childless.

Reports that Henri III engaged in same-sex relations with his court favourites, known as the mignons, date back to his own time. Certainly he enjoyed intense relationships with them. The scholar Louis Crompton maintains that all of the contemporary rumours were true. Some modern historians dispute this. Jean-Francois Solnon, Nicolas Le Roux, and Jacqueline Boucher have noted that Henri III had many famous mistresses, that he was well known for his taste in beautiful women, and that no male sex partners have been identified. They have concluded that the idea he was homosexual was promoted by his political opponents (both Protestant and Catholic) who used his dislike of war and hunting to depict him as effeminate and undermine his reputation with the French people.

Louise of Lorraine

The laws of succession designated the head of the next branch of the Capetian family as heir presumptive. Normally this would not have been controversial; but the 16th century was a period of religious discord in France, and Henri of Navarre was the chief of the Protestant party and he was also next in line to the French throne.

This was an unacceptable choice for Catholic France which was considered the eldest daughter of the Church; and anointing the king implied that he must belong to the Catholic faith. Ultra-Catholics rejected Henri of Navarre as a relapsed heretic; they would not accept him even if he converted. Moderate Catholics supported Navarre, provided that he would convert.

How did Henri of Navarre derive his claim to the French throne? And the objection to his claim was not predicated solely on religious reasons, but also upon genealogical issues.

Bourbon claim to the throne

Henri of Navarre was descended through his father from King Louis IX of France, via Robert, Count of Clermont (d. 1317), the sixth and youngest son of Louis IX, and the only son besides Philippe III to produce a surviving line. Robert married Beatrix of Bourbon and assumed the title of sire de Bourbon. Bourbon was elevated into a duchy for Robert’s son Louis, who became the first Duke of Bourbon.

At the death of Charles IV, Duke of Alençon in 1525, all cadet branches of the House of Valois had become extinct, with the only remaining Valois being the royal family itself. The chief of the Bourbons became the first prince of the blood, the closest to the succession to the throne should the immediate family of the king become extinct. At the death of Charles III, Duke of Bourbon in 1527, the Vendôme branch of the House of Bourbon became the senior line of the family. At that time, represented by Charles de Bourbon, Duke of Vendôme. His son Antoine de Bourbon was the King of Navarrethrough his marriage (jure uxoris) to Queen Jeanne III of Navarre. Antoine’s son, Prince Henri of Navarre, inherited the throne of Navarre on his death from an arquebus wound at the siege of Rouen in 1562.

Despite meeting the criteria for the crown under the Fundamental Laws of the Kingdom, the legitimacy of Henri of Navarre’s claim to the throne was still questioned, however. In similar cases, the throne had earlier passed to successors with a much closer blood link to the throne. Louis XII had succeeded Charles VIII as his second cousin once removed in the male line. François I had succeeded Louis XII as his cousin five times removed in the male line. The successions were legally unproblematic because consanguinity was acknowledged in law to the tenth degree.

Henri of Navarre

Henri of Navarre, on the other hand, could claim only an agnatic relationship to Henri III in the twenty-second degree. When Henri of Navarre had become the heir presumptive to the throne in 1584, on the death of François, Duke of Anjou, polemicist Jean Boucher had been among those who protested that such a distance in blood meant Henri of Navarre’s claim to the throne had effectively lapsed and that therefore the French States-General had the right to elect a new king.

History of the French Dynastic Disputes. Part II.

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Arrêt Lemaistre, Charles VI of France, Fundamental Laws of Succession to the French Crown, Henry of Navarre, Philip III of France, Philip IV of France, Robert II of France

The fundamental laws concerning the royal succession In Ancien Régime France, the laws that govern the succession to the throne are among the fundamental laws of the kingdom. They could not be ignored, nor modified, even by the king himself, since it is to these very laws to which he owes his succession. In the French monarchy, they are the foundation of any right of succession to the throne. They have developed during the early centuries of the Capetian monarchy, and were sometimes transferred to other countries linked to the dynasty.

Heredity: the French crown is hereditary. The early Capetians had their heirs crowned during their lifetime, to prevent succession disputes. The first such coronation was in favor of Robert II, in 987.

Primogeniture: the eldest son is the heir, while cadets only receive appanages to maintain their rank. This principle was strengthened in 1027, when Henry, the eldest surviving son of Robert II, was crowned despite the protests of his mother, Constance of Arles, and younger brother, Robert.

Masculinity: females are excluded from the succession. This issue was not raised until 1316, as the Capetian kings did not lack sons to succeed them for the preceding three centuries. This was invoked by Philip V of France to exclude his niece, Jeanne, daughter of his elder brother.

Male collaterality: the right of succession cannot be derived from a female line. This was invoked in 1328 by Philippe VI of France, to counter the claims of Edward III of England, making the succession exclusive to the Capetian family.

Continuity of the Crown (or immediacy of the Crown): as soon as the king dies, his successor is immediately king because “the King (the State) never dies”. Philippe III, who was in Tunis when his father died, was the first to date his reign from the death of his predecessor (1270), instead of his own coronation.

Orders made under Charles VI, in 1403 and 1407, anxious to avoid any interregnum, declared that the heir to the throne should be considered King after the death of his predecessor. But even after these decisions, Joan of Arc persisted in the old position by calling Charles VII, whose father died in 1422, the “Dauphin” until his coronation at Reims in 1429.

Inalienability of the Crown (or unavailability of the Crown): the crown is not the personal property of the king. He cannot appoint his successor, renounce the crown, or abdicate. This principle arose circa 1419, in anticipation of the Treaty of Troyes, which sought to exclude the Dauphin Charles from the succession. The succession can no longer be regulated by the king, and would rely only on the force of custom.

Catholicism: this principle was not specifically identified in the Middle Ages, but it was implied. Since the baptism of Clovis, the kings of France were Catholic. The Protestantism of Henri of Navarre led to a civil war wherein the king had to reestablish his legitimacy. In the famous Arrêt Lemaistre (1593), Parlement protected the rights of the legitimate successor, Henri of Navarre, but deferred his recognition as legitimate king, pending his conversion.

It is clear that the constitution of the fundamental laws is empirical: masculinity, Catholicity and inalienability for example, have been added or rather clarified because there is uncertainty on points considered already implied by others or by custom (as was the case for masculinity, practiced with the rule of male collaterality, in 1316 and 1328 before being formulated in 1358 and formally put into effect in 1419).

The ‘fundamental’ character of the laws was that they could be supplemented in order to clarify, but not changed, or have any or all of the basic laws ignored to change the direction of the whole. It also appears that the role of parliaments is essential in these various clarifications, the fourteenth to the eighteenth century or the nineteenth century if we add the episodes from the history of the French Capetian dynasty in 1830, 1848, 1875 and 1886.

Pretenders to the Throne ~ France, part I

Tags

Fundamental Laws of Succession to the French Crown, Hugh Capet, King Charles X of France, King Felipe III of Spain, King Felipe V of Spain, King Louis XIV of France, King of France, Louis Philippe, Pretenders to the Throne, Salic Law

One of the most interesting battles for the claims to a vacant or non existent throne is that of France. The argument rests on the legality of the renunciation of rights to the French throne by King Felipe V of Spain (1700-1746) and his descendents at the end of the War of the Spanish Succession in 1714. Felipe V (Philippe Duc d’Anjou) was born a French prince and a grandson of King Louis XIV of France (1643-1715) and also a great-grandson of King Felipe III of Spain (1598-1621) from whose descent he was appointed successor to the childless King Carlos II of Spain (1665-1700).

Today there are two claimants from different lines of the House of Bourbon: Prince Louis Alphonse of Bourbon, Duke of Anjou is the senior male heir of Hugh Capet, King of France (987-996). Louis Alphonse is also the senior descendant of King Louis XIV of France through his grandson King Felipe V of Spain. By the Legitimist faction of French royalists he is recognized as the rightful claimant to the French crown.

The other claimant to the French crown is Prince Henri of Orléans, Comte de Paris and Duc de France. Prince Henri is a descendant of King Louis Philippe (1830-1848), the last King of France and he is the current head of the Orléans line of the Bourbon dynasty.

The issues are complicated so I will attempt to give a basic readers digest version of how the two rival claims arouse. Succession to the thrones of all monarchies are governed by laws. There are two basic fundamental laws that governed the succession to the French throne. The First is the Salic Law which states that the succession is via male only primogeniture and that women could neither inherit the throne for themselves nor pass on succession rights to their sons. The other relevant law is that a French prince could not renounce their rights to the throne.

In 1830 King Charles X of France (1824-1830) was deposed in a revolution. He unsuccessfully tried to abdicate the throne in favor of his eldest son, Louis Antoine, Duc d’Angoulême whom the Legitimist faction call King Louis XIX of France and Navarre. His tenure on the French throne was brief and never recognized for 30 minutes later Louis XIX abdicated his claim to the throne to his nephew Henri of Artois, Count of Chambord. The Count of Chambord claimed the throne of France as Henri V until the Chamber of Deputies proclaimed his distant cousin, Louis Philippe, Duc d’Orléans as King of the French on August 9, 1830. The Legitimist faction view Louis-Philippe as a usurper to the French throne.

Technically he was a usurper. The National Assembly named Louis Philippe Lieutenant général du royaume, and gave him the responsibility to proclaim to the Chamber of Deputies his desire to have his cousin, Henri V, Count of Chambord mount the French throne. Louis Philippe failed to do this in an attempt to seize the throne for himself. This hesitation gave the Chamber of Deputies time to consider Louis Philippe in the role of king due to his liberal policies and his popularity with the general public. Despite Louis Philippe being regent for Henri V the Chamber of Deputies proclaimed Louis Philippe as the new French king, displacing the senior branch of the House of Bourbon which was in direct violation of the Fundamental Laws of Succession to the French Crown.

This concludes part I. Tomorrow Part II will show the rise of the rival claims in the aftermath of the reign of Louis Philippe.

Louis Philippe, King of the French 1830-1848