Line of succession to the French throne (Orléanist)
Encyclopedia
The Orléanist
claimant
to the throne of France is Prince Henri, Count of Paris, Duke of France. He is the uncontested heir to the Orléanist position of "King of the French" held by Louis-Philippe
, and is also King Charles X
's heir as "King of France" if the 1713 Treaty of Utrecht
(by which Philip V of Spain
renounced for himself and his agnatic
descendants any claim to the French throne) is considered valid. According to provisions of that treaty, only the descendants of the current pretender's father are considered to be dynasts of the House of France. The founders of the cadet branch
es of Orleans-Braganza and Orléans-Galliera, by becoming foreigners, are considered under house law
to have renounced their rights to the throne. If the current line were to become extinct, the Orleans-Braganza have, however, reserved their right to renew their claims.
, rules of succession to the crown of France were deemed to have evolved historically and additively, rather than to have been legislated or amended, constituting part of the fundamental laws of the nation.
Aside from these, the succession devolves only upon descendants born in legal Catholic marriages. Further, children issuing from marriages expressly forbidden by the king are considered illegitimate.
.
The Treaty of Utrecht in 1713 caused a breach in the traditional rules of succession to the throne of France. It had been opposed by members of the Parlement of Paris because, aside from requiring the exclusion of the future Spanish Bourbons from the French throne (which potentially conflicted with the principles of indisposability of the crown and primogeniture), it also prohibited, on threat of continental war, any possibility of union of the kingdoms of France and Spain. Nonetheless, termination of the eligibility of Philippe de France, duc d'Anjou and his heirs male to inherit the French crown, on the one hand, and international recognition of Philippe's retention of the crown of Spain (as King Felipe II) on the other, were agreed to by negotiators for France, Spain and the other European powers
who crafted and then obtained ratification of the treaty.
Philippe officially signed the renunciation of any future claim for himself or his descendants to the crown of France, and the treaty incorporates the effects of his renunciation. That renunciation was formally ratified by King Louis XIV and registered, pursuant to French law, by the Parlement of Paris. Letters patent
issued by Louis XIV authorising his Anjou grandson to leave France to reign as king over Spain, while retaining his French nationality and dynastic rights in 1700, were officially retracted. These modifications were never officially repudiated by the organs of government of the Kingdom of France.
For Unionists, who consider the Treaty of Utrecht invalid, the departure of Prince Philippe of France to Spain in order to assume the kingship over that kingdom as Philip V, struck him and his progeny, a "defect pérégrinité" (foreignness) which excluded himself and his descendants forever from the succession. Finally, the renunciation of Prince Philip was deemed an abdication; they believe that with the death of Count of Chambord in 1883, the House of Orleans had become the seniors of the Capetian dynasty in France.
).
The agreement of the family in 1909, known as the "Family Compact" (Pacte de Famille) confirms the exclusion of members of these branches from the succession on grounds of pérégrinité. Further, it "takes note" of a written promise given by the Comte d'Eu and his son to refrain from asserting any claim to the Crown of France and to the position of Head of the House of France until the total extinction of all the other princely branches of the House of France (the Montpensiers were already deemed excluded).
Alfred de Gramont alleged in his diary, L'ami du Prince, journal of a novel, published by Eric Mension Rigau-Fayard in 2011) that this decision was made by the Orléans for two reasons: first, the desire of other dynasts to exclude the Comte d'Eu and the princes of Orléans-Braganza (who became heirs presumptive to the Empire of Brazil), and second, the influence of French nationalism. However, exclusion from the succession as a consequence of permanent emigration to Brazil had been acknowledged and accepted in writing by the Comte d'Eu prior to his marriage to the Brazilian princess imperial.
Later, in 1984, the Count of Paris also excluded his eldest son, Prince Henri (then known as "Count of Clermont") from the succession because of his divorce from Duchess Marie Thérèse of Württemberg
and civil remarriage with Micaela Cousiño y Quiñones de León, a divorcée. As Head of the House of Orléans, his father considered that by divorcing and remarrying without obtaining prior approval, his eldest son had excluded himself from the order of succession.
Finally, in 1987, the Count of Paris proclaimed his grandson, Prince Jean as Duke of Vendôme, heir apparent
to the claim to the throne in the places of his father (who was demoted to "Count of Mortain") and of his elder brother, Prince François, who suffers from a mental handicap. No historical statutory law or precedent was cited as grounds for this change in the line of succession, although with respect to Henri's second marriage, the royal right to exclude (as illegitimate) descendants born of marriages of French dynasts contracted in defiance of the King's will had been asserted by Louis XIII, both to the Parlement of Paris and to the Church of France, and was officially accepted by both. The fundamental laws of the kingdom, however, do not provide for the exclusion from the succession to the crown of the mentally ill.
Since 1990, relations normalized between the Count of Paris and his eldest son, who recognised Prince Henri as reinstated in the line of succession to the crown, as well as resumption of his dynastic title, "Count of Clermont". He conferred upon Clermont's first wife the title "Duchess of Montpensier", and upon his second wife the title "Princess de Joinville" with the style of Royal Highness
.
and his descendants, and Robert, Count of La Marche
, son of his deceased brother Prince Thibaut, Count of La Marche, succession rights to the French crown, should it ever be restored.
Nevertheless, the new Count of Paris placed the branch of Prince Michel ahead of that of Prince Jacques in the order of succession. It has been argued, however, that since Michel had "seen the day" after his twin brother Jacques, and French primogeniture historically considered the last child to emerge from the womb as senior in the order of birth to other siblings born following a single confinement
, this ruling may have been compliant with the tradition of the Ancien Régime.
In addition, some Orléanists continue to regard the exclusion of Prince François as legitimate because of his severe disability.
Orléanist
The Orléanists were a French right-wing/center-right party which arose out of the French Revolution. It governed France 1830-1848 in the "July Monarchy" of king Louis Philippe. It is generally seen as a transitional period dominated by the bourgeoisie and the conservative Orleanist doctrine in...
claimant
Pretender
A pretender is one who claims entitlement to an unavailable position of honour or rank. Most often it refers to a former monarch, or descendant thereof, whose throne is occupied or claimed by a rival, or has been abolished....
to the throne of France is Prince Henri, Count of Paris, Duke of France. He is the uncontested heir to the Orléanist position of "King of the French" held by Louis-Philippe
Louis-Philippe of France
Louis Philippe I was King of the French from 1830 to 1848 in what was known as the July Monarchy. His father was a duke who supported the French Revolution but was nevertheless guillotined. Louis Philippe fled France as a young man and spent 21 years in exile, including considerable time in the...
, and is also King Charles X
Charles X of France
Charles X was known for most of his life as the Comte d'Artois before he reigned as King of France and of Navarre from 16 September 1824 until 2 August 1830. A younger brother to Kings Louis XVI and Louis XVIII, he supported the latter in exile and eventually succeeded him...
's heir as "King of France" if the 1713 Treaty of Utrecht
Treaty of Utrecht
The Treaty of Utrecht, which established the Peace of Utrecht, comprises a series of individual peace treaties, rather than a single document, signed by the belligerents in the War of Spanish Succession, in the Dutch city of Utrecht in March and April 1713...
(by which Philip V of Spain
Philip V of Spain
Philip V was King of Spain from 15 November 1700 to 15 January 1724, when he abdicated in favor of his son Louis, and from 6 September 1724, when he assumed the throne again upon his son's death, to his death.Before his reign, Philip occupied an exalted place in the royal family of France as a...
renounced for himself and his agnatic
Patrilineality
Patrilineality is a system in which one belongs to one's father's lineage. It generally involves the inheritance of property, names or titles through the male line as well....
descendants any claim to the French throne) is considered valid. According to provisions of that treaty, only the descendants of the current pretender's father are considered to be dynasts of the House of France. The founders of the cadet branch
Cadet branch
Cadet branch is a term in genealogy to describe the lineage of the descendants of the younger sons of a monarch or patriarch. In the ruling dynasties and noble families of much of Europe and Asia, the family's major assets – titles, realms, fiefs, property and income – have...
es of Orleans-Braganza and Orléans-Galliera, by becoming foreigners, are considered under house law
House law
House law or House laws are rules that govern a royal family or dynasty in matters of eligibility for succession to a throne, membership in a dynasty, exercise of a regency, or entitlement to dynastic rank, titles and styles...
to have renounced their rights to the throne. If the current line were to become extinct, the Orleans-Braganza have, however, reserved their right to renew their claims.
Succession under the Ancien Regime
Prior to the Treaty of UtrechtTreaty of Utrecht
The Treaty of Utrecht, which established the Peace of Utrecht, comprises a series of individual peace treaties, rather than a single document, signed by the belligerents in the War of Spanish Succession, in the Dutch city of Utrecht in March and April 1713...
, rules of succession to the crown of France were deemed to have evolved historically and additively, rather than to have been legislated or amended, constituting part of the fundamental laws of the nation.
- Unavailability of the crown: no one has the power to change the dynastic order.
- Continuity of the crown: the throne cannot be declared vacant and a new ruler succeeds as soon as his predecessor dies
- Heredity: The crown is hereditary in the House of Capet
- PrimogeniturePrimogeniturePrimogeniture is the right, by law or custom, of the firstborn to inherit the entire estate, to the exclusion of younger siblings . Historically, the term implied male primogeniture, to the exclusion of females...
: The elder son is preferred over the younger; the senior descendant represents his deceased ancestor in the line of succession. - Masculinity: The heir must be male.
- Male collaterality: In the absence of male descendants in male line, the closest male collateral relative of the King is the heir.
- Catholicism: the King must be Catholic.
- Nationality: the heir must be FrenchPrince du SangA prince of the blood was a person who was legitimately descended in the male line from the monarch of a country. In France, the rank of prince du sang was the highest held at court after the immediate family of the king during the ancien régime and the Bourbon Restoration...
.
Aside from these, the succession devolves only upon descendants born in legal Catholic marriages. Further, children issuing from marriages expressly forbidden by the king are considered illegitimate.
Treaty of Utrecht and the "defect pérégrinité"
Main article: Treaty of UtrechtTreaty of Utrecht
The Treaty of Utrecht, which established the Peace of Utrecht, comprises a series of individual peace treaties, rather than a single document, signed by the belligerents in the War of Spanish Succession, in the Dutch city of Utrecht in March and April 1713...
.
The Treaty of Utrecht in 1713 caused a breach in the traditional rules of succession to the throne of France. It had been opposed by members of the Parlement of Paris because, aside from requiring the exclusion of the future Spanish Bourbons from the French throne (which potentially conflicted with the principles of indisposability of the crown and primogeniture), it also prohibited, on threat of continental war, any possibility of union of the kingdoms of France and Spain. Nonetheless, termination of the eligibility of Philippe de France, duc d'Anjou and his heirs male to inherit the French crown, on the one hand, and international recognition of Philippe's retention of the crown of Spain (as King Felipe II) on the other, were agreed to by negotiators for France, Spain and the other European powers
Historical powers
Historical powers include great powers, nations, or empires in history.The term "Great power" represent the most important world powers. In a modern context, recognised great powers came about first in Europe during the post-Napoleonic era. The formalization of the division between small powers and...
who crafted and then obtained ratification of the treaty.
Philippe officially signed the renunciation of any future claim for himself or his descendants to the crown of France, and the treaty incorporates the effects of his renunciation. That renunciation was formally ratified by King Louis XIV and registered, pursuant to French law, by the Parlement of Paris. Letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
issued by Louis XIV authorising his Anjou grandson to leave France to reign as king over Spain, while retaining his French nationality and dynastic rights in 1700, were officially retracted. These modifications were never officially repudiated by the organs of government of the Kingdom of France.
For Unionists, who consider the Treaty of Utrecht invalid, the departure of Prince Philippe of France to Spain in order to assume the kingship over that kingdom as Philip V, struck him and his progeny, a "defect pérégrinité" (foreignness) which excluded himself and his descendants forever from the succession. Finally, the renunciation of Prince Philip was deemed an abdication; they believe that with the death of Count of Chambord in 1883, the House of Orleans had become the seniors of the Capetian dynasty in France.
The Family Compact of 1909
Recognizing the principle of pérégrinité and therefore the impossibility for foreign princes to claim the crown of France, the Orléans claimants and their supporters excluded from the succession to the throne the foreign descendants of King Louis-Philippe I: the Brazilian Orléans-Braganza (descendants of the Comte d'Eu) and the Spanish Orléans-Galliera (descendants of Antoine, Duke of MontpensierAntoine, Duke of Montpensier
- Titles and styles:/*13 July 182421 September 1824: His Serene Highness Prince Antoine d'Orléans*21 September 18249 August 1830: His Royal Highness Prince Antoine d'Orléans...
).
The agreement of the family in 1909, known as the "Family Compact" (Pacte de Famille) confirms the exclusion of members of these branches from the succession on grounds of pérégrinité. Further, it "takes note" of a written promise given by the Comte d'Eu and his son to refrain from asserting any claim to the Crown of France and to the position of Head of the House of France until the total extinction of all the other princely branches of the House of France (the Montpensiers were already deemed excluded).
Alfred de Gramont alleged in his diary, L'ami du Prince, journal of a novel, published by Eric Mension Rigau-Fayard in 2011) that this decision was made by the Orléans for two reasons: first, the desire of other dynasts to exclude the Comte d'Eu and the princes of Orléans-Braganza (who became heirs presumptive to the Empire of Brazil), and second, the influence of French nationalism. However, exclusion from the succession as a consequence of permanent emigration to Brazil had been acknowledged and accepted in writing by the Comte d'Eu prior to his marriage to the Brazilian princess imperial.
Throne of Albania
The Orléans were consistent in applying the nationality requirement, as exemplified by an example involving the prospect of acquisition of yet another throne by a member of the family. Albania was emerging as an independent nation in 1913, and sought an appropriate European prince to whom they might offer their new throne. Apparently an approach was made to the younger brother of the Duke of Orléans, Prince Ferdinand, Duke of Montpensier, who responded "There is no crown in the world that could attract me if, to obtain it, I must put into question two titles of which I am rightly proud, that of French citizen and that of French prince. I am resolved to decline any candidacy to the throne of Albania" Eventually, Albania chose the Prince of Wied to wear its crown. He reigned from March to September 1914.Rulings of 2nd Count of Paris
Henri, Count of Paris (1908-1999) had amended the order of succession several times within the House of Orléans. Considering the marriages of his sons Michel and Thibaut with non-royal women and without his prior approval as misalliances, the Count of Paris excluded them and their descendants from the royal succession in 1967 and 1973. However, morganatic marriages never existed in French law and the fundamental laws of the kingdom do not require the royal princes to marry women of equal rank.Later, in 1984, the Count of Paris also excluded his eldest son, Prince Henri (then known as "Count of Clermont") from the succession because of his divorce from Duchess Marie Thérèse of Württemberg
Duchess Marie Therese of Württemberg
Marie Therese of Württemberg was a member of the House of Württemberg and a Duchess of Württemberg by birth and a member of the House of Orléans and Countess of Clermont and Princess of Orléans through her marriage to Prince Henri, Count of Clermont Marie Therese of Württemberg (born 12 November...
and civil remarriage with Micaela Cousiño y Quiñones de León, a divorcée. As Head of the House of Orléans, his father considered that by divorcing and remarrying without obtaining prior approval, his eldest son had excluded himself from the order of succession.
Finally, in 1987, the Count of Paris proclaimed his grandson, Prince Jean as Duke of Vendôme, heir apparent
Heir apparent
An heir apparent or heiress apparent is a person who is first in line of succession and cannot be displaced from inheriting, except by a change in the rules of succession....
to the claim to the throne in the places of his father (who was demoted to "Count of Mortain") and of his elder brother, Prince François, who suffers from a mental handicap. No historical statutory law or precedent was cited as grounds for this change in the line of succession, although with respect to Henri's second marriage, the royal right to exclude (as illegitimate) descendants born of marriages of French dynasts contracted in defiance of the King's will had been asserted by Louis XIII, both to the Parlement of Paris and to the Church of France, and was officially accepted by both. The fundamental laws of the kingdom, however, do not provide for the exclusion from the succession to the crown of the mentally ill.
Since 1990, relations normalized between the Count of Paris and his eldest son, who recognised Prince Henri as reinstated in the line of succession to the crown, as well as resumption of his dynastic title, "Count of Clermont". He conferred upon Clermont's first wife the title "Duchess of Montpensier", and upon his second wife the title "Princess de Joinville" with the style of Royal Highness
Royal Highness
Royal Highness is a style ; plural Royal Highnesses...
.
Rulings of third Count of Paris
Becoming the Head of the House of Orléans on his father's death in 1999, the new Count of Paris and Duke of France cancelled the dynastic exclusions imposed by his father. Acknowledging that no one has the power to change the order in succession of a prince of the blood royal of France, he recognised his brother, Prince Michel, Count of EvereuxMichel, comte d'Evreux
Prince Michel of Orléans, Fils de France, Count of Évreux is the son of the late Prince Henri, Count of Paris and Princess Isabelle of Orléans-Braganza...
and his descendants, and Robert, Count of La Marche
Robert, comte de la Marche
Robert Benoît Paul Henri James Marie d'Orléans, Petit-Fils de France, Prince de France, comte de la Marche is the son of the late Thibaut Louis Denis Humbert Marie d'Orléans, Prince de France and Marion Gordon-Orr. His paternal grandfather was the late Henri, Count of Paris who was the Orleanist...
, son of his deceased brother Prince Thibaut, Count of La Marche, succession rights to the French crown, should it ever be restored.
Nevertheless, the new Count of Paris placed the branch of Prince Michel ahead of that of Prince Jacques in the order of succession. It has been argued, however, that since Michel had "seen the day" after his twin brother Jacques, and French primogeniture historically considered the last child to emerge from the womb as senior in the order of birth to other siblings born following a single confinement
Pregnancy
Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...
, this ruling may have been compliant with the tradition of the Ancien Régime.
In addition, some Orléanists continue to regard the exclusion of Prince François as legitimate because of his severe disability.
Order of succession
- Jean, duc de VendômeJean, duc de VendômePrince Jean of Orléans, Dauphin of France, Duke of Vendôme , also named as Jean d’Orléans, is the second son of Prince Henri, Count of Paris, Duke of France, the Head of the House of Orléans, and Duchess Marie Therese of Württemberg...
(born 1965) - Prince Gaston of Orléans (born 2009)
- Eudes, duc d'AngoulêmeEudes, duc d'AngoulêmePrince Eudes Thibaut Joseph Marie d'Orléans, Duke of Angoulême is the youngest son of Henri, Count of Paris, Duke of France, Orleanist claimant to the throne of France, and of Duchess Marie Therese of Württemberg.-Biography:...
(born 1968) - Prince Pierre d'Orléans (born 2003)
- Jacques, duc d'OrléansJacques, duc d'OrléansPrince Jacques Jean Jaroslaw Marie d'Orléans, Fils de France, Duke of Orleans, was born on 25 June 1941 in Rabat, Morocco. He is the son of the late Henri Robert Ferdinand Marie Louis Philippe d'Orléans and Isabelle Marie de Orléans Bragança.-Family:He married Gersende Thérèse Françoise de...
(born 1941) - Charles-Louis, duc de ChartresCharles-Louis, duc de ChartresCharles-Louis Henri Foulques Benoît Elzéar Jean Marie d'Orléans, Petit-Fils de France, duc de Chartres was born on 28 July 1972. He is the son of Jacques Jean Yaroslaw Marie d'Orléans, Prince de France and Gersende de Sabran-Pontèves. His paternal grandfather was the late Henri, Count of Paris who...
(born 1972) - Philippe, duc de Valois (born 1998)
- Prince Constantin of Orléans (born 2003)
- Foulques, duc d'Aumale, comte d'EuFoulques, duc d'Aumale, comte d'EuFoulques Thibaut Robert Jacques Géraud Jean Marie d'Orléans, Petit-Fils de France, Prince de France, comte d'Eu and duc d'Aumale was born on 9 July 1974. He is the son of Jacques Jean Yaroslaw Marie d'Orléans, Prince de France and Gersende de Sabran-Pontèves...
(born 1974) - Michel, comte d'EvreuxMichel, comte d'EvreuxPrince Michel of Orléans, Fils de France, Count of Évreux is the son of the late Prince Henri, Count of Paris and Princess Isabelle of Orléans-Braganza...
(born 1941) - Charles-Philippe, duc d'Anjou (born 1973)
- Prince François d'Orléans (born 1982)
- Robert, comte de la MarcheRobert, comte de la MarcheRobert Benoît Paul Henri James Marie d'Orléans, Petit-Fils de France, Prince de France, comte de la Marche is the son of the late Thibaut Louis Denis Humbert Marie d'Orléans, Prince de France and Marion Gordon-Orr. His paternal grandfather was the late Henri, Count of Paris who was the Orleanist...
(born 1976)