I consider an obligation for me and for all the spanish Monarchic subjcts of the Sovereign King to focus our attention in one of the most important discussion about the legal and legitimate system to occupy the Spanish Throne.
In order to be clear I suggest to look at the legal system before the Royal Dinasty of the House of Bourbon who began to reign in 1700 year
In fact since the foundation of the Crown of the Kingdom of Castille in 1061 year by King Fernando I D.G, untill the reign of Carlos II D.G in 1700, the way that different successors occupy the Crown consisted in assuming that the elder male of the children of the reignig King was the heir and if he died the second male will be selected and so on and in te same time it was clear that females only could inherit the Throne if there was no male brother in his generation, prefering allways the eldest female to the second or the next when ther was no male brother .
And if a male heir died having descendants, those children were prefered to their oncles and aunts, even if there was only a female , and this system explains that in certain occasions a female was the Queen in Castille for example in 1109 Year the King Alfonso VI of Castille had only one female named Urraca, because of the disparison by death of his male heir prince Don Sancho and she became Queen Urraca I of Castille D.G untill 1126.
But there are more examples and in 1214 king Alfonso VIII of Castilla D.G died and his male heir King Enrique I D.G died in 1217 so his sister became Queen Berenguela I of Castille D.G
And showing more cases we can find another case in 1474 when King Enrique IV of Castille D.G died having only one daugther Queen Juana I of Castille D.G called » la Beltraneja », the legitime heiress, in this spetial case another Princess who was her aunt Princess Isabel half sister of king Enrique IV by male line usurped the Crown by an illegal rebellion, but in fact two females fought themselves for being Queen, and definitely the aunt was successfull becoming Queen Isabel I of Castilla D.G called « La Catolica » who died in 1504, she had a male heir with his cousin, but Don Juan Prince of Asturias died being young and the eldest Princess was his sister Juana who become Queen Juana I of Castilla D.G called « La Loca «
The same system continue to exist untill King Carlos II D.G who died in 1700,without children and without another brothers consequently according to this system dinastic rights come to the eldest sister of the last King who was The Infanta María Teresa of Spain, and after her his first son Louis de Bourbon Grand Dauphin de France, and after him his first son who was Louis de Bourbon Duke of Burgundy and as he must inherit the Crown of France , his second brother Philippe de Bourbon Duke of Anjou assumed the dinastic rights to become King Felipe V of Spain and Indies D.G in 1700 when the last Spanish Habsbourg died without posterity.
This is an important moment of spanish History because this king was French and he belonged to the Capetian Salic Dinasty so he would retain the Spanish Crown in his family or lignage and he decided to change the system of succession of the Throne but conserving some rights for females in an extraordinary cases, in order to respect in a certain way the old tradition of Castille, not applicating the pure Salic Law as in France.
So using legal proceedings a fondamental Law was approoved in 1713 by the agreement of CORTES that represented the different estates of the traditionnal society: Nobility, Clergy, and Cities with privilege to be integrated in the CORTES, represented by their Procuradores (who can only the mission to express the decision voted in each Estament to the discussion proposed by the king when calling the constitution of CORTES) because procuradores can not have any right to propose a discussion or a debate to regulate anything they where only transmetters of the decision of their Estaments. So in Sovereign Spanish monarchy only the King had the right to have the initiative to make a proposal in order to regulate something. This was the systewm of producing a Law, In CORTES when they where constituted procuradores of Nobility express the opinion of NOBLE ESTAMENT according the internal vote adopted by the Nobility of the kingdom about the proposal of the king, then Procuradores of Clergy and Procuradores of Cities do the samething, there was 3 estaments so a vote was adopted and by mayority two against one CORTES express the opinion of the Nation to the Royal proposition.
If this opinion of CORTES was the same at the King wish he approoves the Law project by SANCION REGIA (royal acceptation) and he ordered to publy this new law by the proceeding of the PROMULGACION (Royal Order to publy new law)
If the opinion of CORTES was not the same of the King, he didn´t give the SANCION to his project and the CORTES couldn´t do any thing because only the King could propose a new Law project never CORTES, because the King was the souvereign and he has the source or the origin of the political powers of the STATE by the Grace of GOD.
The new system consisted in rejecting female rights to inherit the Crown if there was male members of the reigning dinasty alive in situation to inherit the Throne even if they were situated very far in consanguinity relation referred to the king without male heirs, this king if he has a daughter, this one could not have dinastic righs if ther was a descendant of king Don Felipe V de Bourbon D.G by male line and with legitimate Catholic origin of course the order of PRIMOGENITURA (eldest were prefered to youngest males).
And in the extraordinary situation that the last king of Boubon Dinasty had a female and there were not legitimate male Bourbon member of Dinasty as descendant of the king Felipe V D.G, in wathever line or position in hole lignage or family only at that moment if the Bourbon Spanish Dinasty was extinguished in males so then the eldest daughter of the last male King could inherit the Spanish Throne .
To complicate more the situation king Carlos III of Spain and Indies D.G (1759-1788 )
In 1776 approoved an act Law, because Kings can have the possibility to create a law without CORTES in order to complete other fondamental CORTES LAWS approoved using the proceeding mentionned above and those acts with lower rank receive the name of REAL PRAGMATICA, but if some matter was regulated by CORTES LAW, other new regulation needed another CORTES LAW to change situation and annul and cancel the precedent CORTES LAW.
So the Real Pragmatica of 1776, declared that the heir of the Crown, H.R.H the Prince of Asturias that he possess this Royal title by birth being the first son of the reigning king to inherit the Crown must since 1776 marry a Royal Princess by a Catholic legitimate marriage and if not the marriage would be named morganatic and he will loose all his dinastic rights, he and all his clindren and descendants for ever, passing all rights to his second brother instructed in the same duty.
And this added a new rule consisting in the obligation for the heir of the spanish Crown to marry a Royal Princess by a roman catholic marriage celebration, and by this act all Bourbon Princes of the Royal House of Spain loose their rights to inherit the Crown if they didn´t obey this new rule.
In 1789 during the Reign of King Carlos IV D.G, he ordered to CORTES to constitute them in order to recognise with solemnity his first son H.R.H the Prince of Asturias as the formal heir of the Throne as usual proceeding by a CORTES LAW, and this was only the unique debate.
But when Procuradores where constituted in presence of King Carlos IV D.G an after recognising Prince Don Fernando as the legitimate heir of the Spanish Monarchy, procuradores of Cities, ask to the king to change the system to inherit the Crown changing and annulling CORTES LAW of 1713.
But as we have studied legal proceeding to approove a CORTES LAW, as King Carlos IV D.G has no propose to debate to estaments of Nation (Nobility, Clergy,and Cities with permission to be in Cortes, that they were 17 at that time,so the Estaments or Nation didn´t know anything about this illegal petition suggested to king by some procuradores which hadn´t any right or faculty to make a discuss proposal in this political regime, because King has no made any proposal in this way to be considerate by Nation (composed by three Estaments of kingdom) so consequently, Nation hadn´t discuss about this matter and consequently the different estaments hadn´t express their opinion in this matter, so Procuradores have no opinion to transmit to king .
So the attitude of these Procuradores was illegal and violate absolutely Law and King could´t do anything referred to this revolutionnary and illegal petition (it occurs that in France, social Revolution was exploding at that time and first Spanish liberals wanted too change things by a Revolution) so he considered this illegal petition as non existant and null, and only considered that CORTES of 1789 were correct in the only proposal adressed to Nation that was the recognisance of Prince Don Fernando as legitimate successor of the King Carlos IV D.G.
But King Carlos IV D.G considered this events as very dangerous because they showed an illegal behaviour refered to one of the more important and traditionnal institution of the kingdom so he couldn´t permit not to do something to establish clearly that the system to inherit the Crown has no changed and the illegal attitude of some revolutionnary Procuradores could not create doubts or other revolutionnary attitudes in future so he decide to constitute new CORTES in order to approove the hole body of laws of the Monarchy called the NOVISIMA RECOPILACION DE LEYES DE ESPAÑA, in which legal system of laws was confirmed the fondamental Cortes law approoved legally in 1713 referred to the system to inherit the Throne, and nothing about any change of that situation so in this moment by Cortes Law approoved in 1805 the NOVISIMA RECOPILACION DE LAS LEYES DE ESPAÑA receive the Royal SANCION and the royal PROMULGACION and become the unique and exclusive reference of the legitimacy and legalty.
So if some persons or revolutionnary groups thought to use the false appereance of a change of situation referred to the way to become King in Spain, situation had clearly and properly solved. In 1805 confirming that in 1805 the legal system of succesion to the Spanish throne was the same that King Felipe V D.G and CORTES approoved legally by fondamental law in 1713 receiving in Spain the Semi Salic law.
Some time later in 1808 Spain was conquered by Napoleon armies, Royal family was kipnapped by napoleon Bonaparte in France and the War of Spanish Independece began untill 1813 ended by the triumph of Spanish Monarchy banishing revolutionnary Napoleon armies and permitting to H.M the king Fernando VII Dei Gratia by Valençay´s Act recover his Royal Sovereignty and the Crown of Spain and Indies by the Grace of God in 1814.
During bonaparte´s occupation, spanish revolutionnary groups have approoved according to the constitution of french Revolutionnary Parliament a LIBERAL CONSTITUTION in 1812, declaring that the sovereignty remained to Nation not to the King, but a Nation cosidered in leberal views without ols traditionnal Estaments but CITIZENS all equal between them .
It is obvious that King Fernando VII D.G in 1814 declared that this constitution approoved in Cadix in 1812 was null and had no value and king ordered inmediately persecute liberals and revolutionnary chiefs of the rebellion and kill them for traitors and rebellious subjects.
King Don Fernando VII Dei Gratia restored the Traditionnal Sovereign Monarchy by the Grace of God and all the law body of the Spanish traditionnal Monarchy untill his death in 1833, time when LIBERAL REVOLUTION exploded in Spain against the sovereign Monarchy and his representant according to legal laws His Majesty the King Don Carlos V of Spain and Indies Dei Gratia (1833-1845), second brother of the King Fernando VII D.G death without male succession.
To make clear the side of legitimacy we have to study deeply what occured in 1830 when king Fernando VII D.G was seriously ill and with mental disorders because if not it is impossible to understand what it happened because in 1830 the King ORDERED TO PUBLISH THE ILLEGAL 1789 YEAR ACT.
Those are the facts without any subjectiv comments, king Fernando VII, apparently wanted to publish an illegal act, without SANCION REAL in 1789 nor in 1830 and besides declared null and without value by a posterior LEGAL CORTES LAW in 1805 .
And in 1833 liberals and revolutionnary spanish groups wanted to assure that in 1830 king Ferdinand VII D.G by this ILLEGAL PROCEEDING changed and abroged the fondamental law approoved in 1713 and confirmed legally by law approoved in 1805 , in order to justify the rebellion of the liberal and revolutionnary groups of the Royal army against le legitimate king Carlos V D.G , declaring that as 1713 law had been annulled by 1830 act so now spanish Throne remain to the little daughter of the death King and of course a liberal Constitution was necessary to change body law of the Country.
Obviously these arguments are nonsense because if king Fernando VII D.G would have changed 1805 law referred to the semisalic law , he could have succeded perfectly according to the legal proceeding to change a CORTES LAW in order to regulate differently an essential Institution of the kingdom which was the Crown.
The only legal and legitimate way to alter the system of succession of the Crown would have been:
1º) Ask for CORTES to constitute them (of course according to traditionnal form by three Estaments) in order to debate the royal proposal consisting to alter the system to inherit the spanish throne declaring null 1805 law.
2º) So after, three Estaments of the Kingdom , had to debate this proposal in each Estament and adopting a final decision, and nominating Procuradores in Order to transmit the opinion of each estament when CORTES would have been constituted in presence of the King.
3º) At the date fixed by the king CORTES would have been constituted with the representants called Procuradores of each Estament and in one session procuradores of Nobility would transmit the decision adopted by hole noble estament of Nation, so would have done Procuradores of Clergy and procuradores of 17 Cities with right to be in CORTES, with of course any changement introduced by Procuradores because they have no powers in Sovereign Monarchy political system.
4º) with a majority Two against one CORTES would have voted their decision about the new regulation wished by king and proposed to CORTES as the more representative Institution of traditionnal Nation divided in three estaments or groups. Nobility, clergy and (Cities or twons) in order to change a fondamental law expressing that if the king agreed this final decision annulled law must be expressed declaring that this law in fact 1805 law is abroged and substitute by new law approoved by another CORTES law legally approoved according to law so.
5º) if the final decision of CORTES is the same of the will of the King, he would have given to this new law his SANCION and he would have ordered to publish it PROMULGACION.
6º) so at his death Crown of Spain and Indies by the Grace of God legally would have remained to H.R.H la Infanta doña Isabel de Bourbon Bourbon.
BUT NOTHING OF THAT PROCEEDING HAD BEEN EXECUTED SO IN 1833 I AM SORRY FOR LIARS AND FOR REVOLUTIONNARY LIBERALS, BUT LEGALLY AND LEGITIMATELY THE BROTHER OF THE KING BECAME THE NEW KING:
H.M DON CARLOS V OF SPAIN AND INDIES DEI GRATIA
(1833-1845) succeded by his eldest son.
H.M DON CARLOS VI OF SPAIN AND INDIES DEI GRATIA
(1845-1861 ) with no children is succeded by his second brother
H.M DON JUAN III OF SPAIN AND INDIES DEI GRATIA
(1861-1868) succeded by his eldest son
H.M DON CARLOS VII OF SPAIN AND INDIES DEI GRATIA
(1868-1909) succeded by his unique son
H.M DON JAIME I OF SPAIN AND INDIES DEI GRATIA
(1909-1931) with no children is succeded by the second brother of his father:
H.M DON ALFONSO-CARLOS I OF SPAIN AND INDIES DEI GRATIA
(1931-1936) without children, before his death he created a Regency declaring H.R.H Prince javier de Bourbon Bragance REGENT of SPAIN D.G, with mission according to traditionnal system of 1805 and 1713 laws never changed legally to propose the dinastic rights of the souvereing spanish monarchy to the legal successor according to traditionnal law, and REGENT began his mission without loosing his personnal rights obviously as a member of Royal Spanish House of Bourbon.
The dinastic successor is in 1936 was :
1º) H.R.H Prince Alfonso de Bourbon Habsburgo, but he refused to recognise king Alfonso-Carlos I Dei Gratia and he didn´t recognise Royal sovereignty, so he is excluded inmediately acording law, rights passes to his eldest son
2º ) H.R.H Prince Alfonso de Bourbon Battenberg, he refused in the same conditions of his father and besides he contracted two morganatic marriages so he was excluded inmediately according law rights passed to his second brother:
3º) H.R.H Prince Jaime de Bourbon Battenberg, he refused in the same conditions of his brother and father and beside he contracted a morganatic marriage so he was inmediately excluded according law, rights passed to his young brother
4º)H.R.H Prince Juan de Bourbon Battenberg, he refused to recognise as legitimate king H.M Don Alfonso-Carlos I D.G and Royal Sovereignty by the Grace of God, so he was inmediately excluded according traditionnal law, rights passed to his eldest son
5º) H.R H Prince Juan Carlos de Bourbon, he refused to recognise as legitimate king H.M Don Alfonso Carlos I D.G and he refuses to recognise and obey the rule of royal sovereignty by the grace of God, and at that time when he was adult he hasn´t children (after his unique son Don Felipe, born in 1968 contracted a Morganatic marriage) so his rights passed to
6º) H.R.H Prince Carlos de Bourbon Sicily, that he was excluded for the same considerations mentionned above according to traditionnal law, his dinastic rights passed to his son:
7º) H.R.H Prince Alfonso de Bourbon Sicily, that he was excluded for the same considerations mentionned above according traditionnal law, his rights passed to his son
8º) H.R.H Prince Carlos de Bourbon Sicily, that he was excluded for the sameconsiderations mentionned above according traditionnal law , his rights passed (because he have no children being adult at the moment of refusal, after his unique son Don Pedro, born in 1968 contracted a Morganatic marriage) to
9º) H.R.H Prince José de Bourbon Parme, excluded for the same considerations mentionned above, without succession his rights passed to his second brother
10º) H.R.H Prince Elías de Bourbon Parme, excluded for the same considrations mentionned above, his rights passed to his unique son
11ª) H.R.H Prince Roberto de Bourbon Parme, excluded for the same considerations mentionned above, his rights passed to his cousin
12º) H.R.H Prince Javier de Bourbon Parme, Regent of Spain D.G since 1936 instituted by H.M the King Don Alfonso-Carlos I of Spain Dei Gratia, he recognised the legitimacy of the king Alfonso Carlos I D.G, he promised to assume the Royal Sovereigny by the grace of god, he recognised the traditionnal old law called fueros in 1950 in Guernica and in 1951 in Montserrat and in 1952 he assumed his royal dinastic inheritance as King of Spain D.G during the fascist dictature of General Francisco Franco (1939-1975) absolutely independent of this illegal regime, being the only member of the royal family to dare to assume his dinastic rights and he was proclamed as Sovereign King by the Grace of God in Barcelona at this date 1952 he became:
H.M DON JAVIER I OF SPAIN DEI GRATIA (1952-1975) he abdicated his rights in his eldest son in 1975:
H.R.H Don Carlos-Hugo de Boubon Prince of Asturias, but he was not able to become the successor of his father because he didn´t recognise the Royal sovereignty and he created and leaded a Socialist Political Party, so he was inmediately excluded of the Royal succession to Traditionnal sovereign Monarchy by the grace of God, so his dinastic rights passed to his eldest son born in 1970:
H.R.H Don Carlos Javier de Bourbon Orange Nassau, he hasn´t assume his dinastic rights as King of Spain D.G formerly being 38 years old and his political and dinastic position is unknown for the moment, he has a young brother born in 1972 named Don Jaime.
Due to his minority the closer relative to assume the Regency was:
H.R.H the Infant Don Sixto de Bourbon Bourbon, Duke of Aranjuéz
Regent of Spain Dei Gratia since 1975, (born in 1940 second son of King Don Javier I D.G), without issue.