The legal status of the Portuguese Brotherhoods and Orders of Saint Michael of the Wing

Brotherhoods and Orders of Saint Michael

In history, there have been several Orders of Saint Michael. The most prominant ones are listed hereafter.

Bavarian Brotherhood and Order of Saint Michael

Guido Reni’s Michael (in Santa Maria della Concezione church, Rome, 1636) tramples Satan. A mosaic of the same painting decorates St. Michael’s Altar in St. Peter’s Basilica.

On 8 May 1693, Joseph Clemens, duke of Bavaria, then Archbishop-Elector of Cologne, formed the Bruderschaft des hl. Erzengels und Himmelsfürsten Michael, that still exists today and has about 800 members, mostly in Germany and Austria. On 29 September 1693, Joseph Clemens created the Bavarian Orden zum Heiligen Michael or Königlicher Verdienstorden vom heiligen richael, as a Military order. Initially, the latter was only open to the Catholic nobility. On 16 February 1837, the Order was abolished by king Louis I of Baviaria.

Portuguese Brotherhoods and Orders of Saint Michael

The original Knights of St. Michael’s Wing founded an order in the Cistercian monastery of Alcobaza about 1171, by Alfonzo I, King of Portugal, in commemoration of victory over the Moors, in which, according to tradition, he was assisted by St. Michael in person. The knights were placed under the jurisdiction of Abbot of Alcobaza and were pledged to recite the same prayers as the Cistercian lay brothers. Some authors state that the Order only existed briefly in the 12th century (Alston, George Cyprian “The Benedictine Order”. The Catholic Encyclopedia. Vol. 2. New York: Robert Appleton Company 1907); some claim it lasted until 1732 (James Anderson. Royal genealogies: or, The genealogical tables of emperors, kings and princes, from Adam to these times; in two parts. London), and some claim it existed until 1910, the year Portugal became a republic (Rodrigues Lima, Carlos [2009-01-09]. “Nuno da Câmara Pereira ganha batalha judicial a D. Duarte”Diário de Notícias. Archived from the original on 2011-09-28. Retrieved 2011-01-21Juíza vinca que Portugal é uma República, desvalorizando herança. O Tribunal Cível de Lisboa acaba de dar razão a Nuno da Câmara Pereira num conflito que o opunha a D. Duarte de Bragança, obrigando este último a desistir da denominação Real Ordem de São Miguel de Ala, uma ordem que criou em 2004. (Judge stresses that Portugal is a Republic, and values heritage. The Civil Court of Lisbon had initially ruled in favor of Nuno da Câmara Pereira in a conflict with Dom Duarte de Bragança, forcing the latter to give up the name the Royal Order of Saint Michael of the Wing, an order created in 2004.)

The history of the ancient Order is obscure, but the current Order’s predecessor was revived sometime in the 19th century (Almeida, Gomes Abrunhosa Marques de and Manuel Ângelo (2007), Precedentes histórico-teóricos dos regionalismos dos Açores e da Galiza. Santiago de Compostela: Univ Santiago de Compostela) as a secret society – not as a knighlty order – with political motives, aiming to restore Miguel’s branch of the Bragança family to power in Portugal.

The newly created entity in 2004 is not a dynastic award of the House of Bragança (Carlos Rodrigues Lima. “Nuno da Câmara Pereira ganha batalha judicial a D. Duarte“, 9 January 2009).

American Royal Brotherhood of Saint Michael of the Archdiocese for Military Services

The Royal Brotherhood of Saint Michael of the Archdiocese for Military Services was canonically erected by Decree of His Excellency Archbishop Timothy Broglio STD (2016), specifically as an Association of the Faithful for active or reserve military personnel. Dedicated to Saint Michael it is headquartered in the Military Archdiocese of the United States Armed Forces. The Commandry is a registered non profit Charity 501 C3. Its activities, fall under the canonical jurisdiction of Royal Brotherhood of the Archdiocese governed by the Canonically confirmed Judge, Col. Stephen Michael Besinaiz. The Royal Brotherhood was canonically erected in 2016 in the Archdiocese for Military Services, and is a Member of the Federation of Royal Brotherhoods of Saint Michael of the Wing. This branch of the Order is affliated with Dom Duarte Pio.

French Order of Saint Michael

The French Order of Saint Michael (French: Ordre de Saint-Michel) was a French chivalric order, founded by Louis XI of France in 1469, in competitive response to the Burgundian Order of the Golden Fleece, that was founded by Philip the Good, duke of Burgundy. As a chivalric order, its goal was to confirm the loyalty of its knights to the king. Originally, there were a limited number of knights, at first thirty-one, then increased to thirty-six including the king. An office of Provost was established in 1476. The Order of St Michael was the highest order in France until it was superseded by the Order of the Holy Spirit.

The Order was abolished by the French authorities in 1830. However, in 1929-1930 Jaime, Duke of Anjou and Madrid, and in 1960 Infante Jaime, Duke of Anjou, Segovia and Madrid, granted membership of the Order to their confidants, thus de facto reviving the Order.

Intellectual Property issues

Nuno da Câmara Pereira ganha vitória em tribunal contra D. Duarte Pio
Fadista ganha em tribunal a exclusividade de título da Ordem de São Miguel da Ala. Saiba que outros temas falaram nos ‘Sem Papas na Língua’. https://www.cmjornal.pt. 29 March 2016.

On 4 August 1981, Nuno da Câmara Pereira, José da Câmara Gonçalves, Gonçalo da Câmara Pereira, António de Sousa Lara and João Ferreira Rosa established the association Ordem de São Miguel da Ala by public deed at the Instituto dos Registos e do Notariado, which was recorded in the database of the Institute, the Registo Nacional de Pessoas Colectivas. Nuno da Câmara Pereira is the great grandson of Dom Vasco António de Figueiredo Cabral da Camara, 3rd count of Belmonte. As a monarchist, Nuno da Câmara Pereira disputes the validity of the dynastic claims of the Miguelist Branch of House of Bragança, of which the current pretender is Dom Duarte Pio de Bragança, his distant cousin. Dom Nuno de Figueiredo Cabral da Câmara Pereira, is Marques de Castelo Rodrigo and President of the Council of the Portuguese Nobility and Chancellor of all Knightly Orders of the House of Loulé, the second major claimant to the dynastic rights to the throne of Portugal.

In 2004 Dom Duarte Pio de Bragança registered the association Real Irmandade (=Brotherhood) de São Miguel de Ala. In 2007, Câmara Pereira sued  Dom Duarte on charges of breaching the intellectual property rights of his Ordem de São Miguel da Ala and won the case in 2009.

The judge noted that in the current legal-constitutional order, which configures Portugal as a Republic and enshrines the principle of separation between Church and State, it is irrelevant whether the association is a dynastic order,  if the use of the insignia is exclusive to the putative heir of the royal house (which is not recognized in the legal order of the Republic), or if it was canonically erected. Despite the historical arguments put forward by the Dom Duarte, the judge determined the problem as “purely legal”. In this respect, the simple apposition of the word ‘Real’ (royal) before the name already used by the association “Ordem de São Miguel da Ala” is not enough to achieve an effective and objective differentiation between the two associations. In 2011, Dom Duarte, saw 17 of his properties seized as well as a bank account worth more than 260 thousand Euros, as a result of a judicial execution.

Dom Duarte appealed and on 1 October 2015, the Portuguese Supremo Tribunal de Justiça (Supreme Court of Justice) finally condemned Dom Duarte, forbidding him to use the name and insignia of the “Ordem de São Miguel da Ala“, forcing him to indemnify the rightful holders and preventing him from even requesting a new appeal in the face of that process. However, the case was turned upside down when on 3 November 2015 Nuno da Câmara Pereira’s intellectual property rights to use the symbols expired. Subsequently, on 7 December 2016 Dom Duarte regained the intellectual property rights to use the insignia. Although admirers of Dom Duarte, often mention that the legal procedures show that Dom Duarte is the dynastic successor to the historical Order of Saint Michael of the Wing, the matter was a legal one (not historical) and solely a matter of intellectual property law.

The revived Order is organised as an entirely new private entity and not a dynastic award of the House of Bragança. Aspirant members can apply for membership and subsequently pay a fee to members of the House of Bragança or their representatives. In recent times, it has been alleged that Dom Duarte himself no longer approves membership in his society. The Order is said to be de facto controlled by other members. Many members of the Order today are Americans and citizens of the British Commonwealth.

Current holder of the intellectual property rights

The European Union Intellectual Property Office shows the IP registration for the word combination “QUIS UT DEUS” and the accompanying graphic representation in the name of “Duarte Pio De Bragança, Rua do Campo, 4, San Pedro P-2710, Sintra, Portugal” since 7 November 2016. This registration (nr. 016009748) also shows that the registered trade mark has been published for opposition, at which time one or more challenges to registration were filed but they have not yet been decided. On 23 March 2020 the case was still pending before the Board of the Office. The representative of the opposition is Mr António José Caeiro da Mota Veiga (b. Lisbon, 8 June 1951), a lawyer, who married in Sintra on 31 October 1974 to Maria José Trigueiros de Aragão Acciaioli de Avilez (b. Lisbon, Santa Maria de Belém, 21 June 1954), youngest of the only three daughters of José Maria de Avilez Juzarte de Sousa Tavares (Lisbon, 14 August 1926 -), 7th Count of Avilez, Representative of Viscount of Torre do Terrenho, of the Viscounts of Reguengo, and his wife (m. Castelo Branco , Alcains, 28 September 1947) Ana Maria de Portugal Lobo Trigueiros de Aragão ( Fundão , Aldeia de Joanes, 16 August 1923 -), of the Counts ofIdanha-a-Nova and Viscounts of o Outeiro.

Conclusions

Under Portuguese law, the dynastic rights to the ancient Brotherhoods and Orders of Saint Michael of the Wing are not recognised. There is a tradition of affiliation between the House of Bragança and the Brotherhood/Order, but the headship of the House is disputed. The jurisprudence in this case shows that the intellectual property rights regarding the insignia of the Order are irrelevant to the question of whom the legal successor is to the dynastic rights regarding the Order. Simply, because Portuguese law is not interested in the historical aspects, but judges the matter in terms of IP-rights only. The holder of the IP rights to the insignia can be anyone. It is only a matter of who registered the IP-rights first (or forgot to reregister them).

In my opinion, (knightly) orders or brotherhoods should not be subject to costly legal battles. Historical evidence should be the key to the question if an order or brotherhood has historical substance. An example of a total escalation is the long-running intellectual property dispute between two knightly orders:  the Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta on the one hand, and the  Florida Priory of the Knights Hospitallers of the Sovereign Order of Saint John of Jerusalem, Knights of Malta, the Ecumenical Order on the other hand.

SMOM alleged that The Florida Priory had infringed on five of its registered trademarks including its cross and shield imagery. The organization also alleged that The Florida Priory engaged in false advertising by claiming a historical background that belongs to the SMOM.

The legal costs for both parties have been enormous. Such a waste of money and effort is an insult to their donors, who think that their money benifts the poor. Instead, their donations end up in the pockets of overpaid lawyers. In a published opinion, one district judge wrote the following disparaging comment (Appeal from the United States District Court for the Southern District of Florida, October 15, 2015, Case: 14-14251, Page: 9 of 49):

“The parties present themselves as Christian charities. The Court struggles with the parties’ characterizing themselves in that manner, however. The amounts of money each party has raised for charitable purposes are unimpressive, which leads the Court to believe that the members of both [the Sovereign Order] and the [Florida Priory] are more interested in dressing up in costumes, conferring titles on each other and playing in a “weird world of princes and knights” than in performing charitable acts.”

The Michael of the Wing-dispute has similar characteristics.

Sources

Lines of succession of the Peerage, created by William III of England, Ireland and Scotland

The reign of William III

Willem III of Orange by Benjamin Arlaud. Collection: Rijksmuseum.

In December 1653, Oliver Cromwell (25 April 1599 – 3 September 1658) was appointed ‘Lord Protector of the Commonwealth of England, Scotland and Ireland, and the dominions thereto belonging’, with powers akin to those of a monarch. Cromwell was an English general and statesman who led the Parliament of England’s armies against King Charles I during the English Civil War and ruled the British Isles as Lord Protector from 1653 until his death in 1658. He acted simultaneously as head of state and head of government of the new republican commonwealth. After the Protectorate collapsed, Charles II, the eldest surviving child of Charles I of England, Scotland and Ireland and Henrietta Maria of France had very wide support for his taking of the throne in 1660. He was king of Scotland from 1649 until his deposition in 1651 and king of England, Scotland and Ireland from the 1660 Restoration of the monarchy until his death in 1685. Charles’s wife, Catherine of Braganza, bore no live children, but Charles acknowledged at least twelve illegitimate children by various mistresses. He was succeeded by his brother James II with widespread support in England, Ireland and Scotland, largely based on the principle of divine right or birth. James was not a supporter of religious tolerance, as his time in France had exposed him to the beliefs and ceremonies of the Roman Catholic Church. He and his wife Anne became drawn to the Roman Catholic faith.

In June 1688, two events triggered a constitutional crisis. First, in April 1688, James re-issued the ‘Declaration of Indulgence’ and subsequently ordered Anglican clergy to read it in their churches. William Sancroft, the archbishop of Canterbury, and six other bishops petitioned him against this and were prosecuted for seditious libel. In reaction, they were arrested and tried for seditious libel. Secondly, their acquittal almost coincided with the birth of a son, James Francis Edward, on 10 June 1688, to James’s Roman Catholic queen, Mary of Modena. Because James’s only possible successors were his two Protestant daughters, the English establishment could see his pro-Catholic policies as a temporary phenomenon. The birth, however, of his son James Francis Edward promised an indefinite continuance of his policy and brought wide discontent. Several influential Protestants had already entered into negotiations with the Protestant Stadholder William III of Orange when it became known the Queen was pregnant. In the same year, seven eminent Englishmen, including one bishop and six prominent politicians of both Whig and Tory persuasions, wrote to the Protestant Stadholder (Dutch: Stadhouder) William III of Orange, inviting him to come over with an army to redress the nation’s grievances and to help expel James II.

William was both James’s nephew and his son-in-law, and, until the birth of James’s son, William’s wife, Mary, was heir apparent. William’s chief concern was to check the overgrowth of French power in Europe. Between 1679 and 1684, England’s impotence and the emperor Leopold I’s preoccupation with a Turkish advance to Vienna had allowed Louis XIV to seize Luxembourg, Strasbourg, Casale Monferrato, and other places vital to the defense of the Spanish Netherlands, the German Rhineland, and northern Italy. By 1688, however, a great European coalition had begun to form to call for a halt to aggressions. Its prospects depended partly upon England. Thus, having been in close touch with the leading English malcontents for more than a year, William accepted their invitation. Landing at Brixham on Tor Bay (November 5 1688), he advanced slowly on London as support fell away from James II. James’s daughter Anne and his best general, John Churchill, were among the deserters to William’s camp. Thereupon, James fled to France (source: Britanica.com).

After his successful invasion, William and his wife, Mary Stuart, were crowned king and queen King of England, Ireland and Scotland.  William III was sovereign Prince of Orange from birth, Stadtholder of Holland, Zeeland, Utrecht, Gelderland and Overijssel in the Dutch Republic from the 1670s and King of England, Ireland and Scotland from 1689 until his death in 1702. In his capacity of King of Scotland, he is known as William II and is informally also known as “King Billy” in Northern Ireland and Scotland. For the next half century, James II and his son James Francis Edward Stuart and grandson Charles Edward Stuart claimed that they were the true Stuart kings, but they were in exile, and attempts to return with French aid were defeated.

Granting of titles

The following is an examination of three cases: the ennoblement by William III of William Bentinck, of Arnold van Keppel, of and of Alexander Hume. Described below are the similarities and differences among the three cases and an analysis of the questions that arise in the line of succession of the awarded titles.

Earl of Portland

The title ‘Earl of Portland’ was created for a second time in 1689 in favour of Hans William Bentinck (20 July 1649, in Diepenheim, Overijssel – 23 November 1709, in Bulstrode Park, Buckinghamshire), the Dutch favorite and close advisor of King William III. He made Bentinck Groom of the Stole, first gentleman of the bedchamber, and a Privy Counsellor. In April 1689 Bentinck was created Baron Cirencester, Viscount Woodstock and, in its second creation, Earl of Portland. The first creation of the earldom had been made for Richard Weston in 1633, but it became extinct in 1688. On the death of Bentinck, his eldest son Henry or Hendrik in Dutch (1680-1724) succeeded as second earl. He was created marquess of Titchfield and duke of Portland in 1716.

Hans Willem Bentinck (1649 – 1709), 1st earl of Portland, created 1689

  1. Henry Bentinck (1682 – 1726), 2nd earl and 1st duke of Portland
    1. William Bentinck (1709 – 1762), 2e hertog en 3e graaf van Portland
      1. William Henry Cavendish Cavendish-Bentinck (1738 – 1809), 3rd duke and 4th earl of Portland; change of name to Cavendish-Bentinck in 1801
        1. William Henry Cavendish Cavendish-Scott-Bentinck (1768 – 1854), 4th duke and 5th earl of Portland; change of name to Cavendish-Scott-Bentinck
          1. William John Cavendish Cavendish-Scott-Bentinck (1800 – 1879), 5th duke and 6th earl of Portland
        2. William Chalrles Augustus Cavendish-Bentinck (1780 – 1826)
          1. Arthur Cavendish-Bentinck (1819 – 1877)
            1. William Cavendish-Bentinck (1857 – 1943), 6th duke and 7th earl of Portland
              1. William Cavendish-Bentinck (1893 – 1977), 7th duke and 8th earl of Portland
        3. Frederik Cavendish-Bentinck (1781 – 1828)
          1. George August Cavendish-Bentinck (1821 – 1891)
            1. William George Frederik Cavendish-Bentinck (1856 – 1948)
              1. Ferdinand Cavendish-Bentinck (1888 – 1980), 8th duke and 9th earl of Portland
              2. Victor Cavendish-Bentinck (1897 – 1990), 9th duke and 10th earl of Portland
  2. Willem Bentinck (1704 – 1774)
    1. Christiaan Frederik Bentinck (1734 – 1768)
      1. Johan Karel Bentinck (1763 – 1833)
        1. Karel Anton Ferdinand Bentinck (1792 – 1864)
          1. Hendrik Karel Adolf Bentinck (1846 – 1903)
            1. Robert Bentinck (1875 – 1935)
              1. Henry Noel Bentinck (1919 – 1997), 11th earl of Portland
                1. Timothy Bentinck (* 1953), 12th earl of Portland

 

Earl of Albemarle

Arnold van Keppel (baptized Zutphen 30 January 1670  –  The Hague 30 May 1718), 1st Earl of Albemarle, became Groom of the Bedchamber and Master of the Robes in 1695. In 1696, he was created the Viscount Bury in Lancashire, and the Baron Ashford of Ashford, Kent. On 10 February 1697, William made Van Keppel the Earl of Albemarle. In 1699, he was awarded the command of the First Life Guards. After the death of William III, who bequeathed to him ƒ 200,000 and the lordship of Bredevoort, Albemarle returned to The Netherlands, took his seat as a noble in the States-General, and became a general of cavalry in the Dutch army.

1. Arnold Joost van Keppel, 1st earl of Albemarle (1670–1718)

1. Willem Anne van Keppel, 2nd earl of (1702–1754)

1. George Keppel, 3rd earl ofvan Albemarle (1724–1772)

1. William Charles Keppel, 4th earl of Albemarle (1772–1849)

1. William Keppel, Viscount Bury (1793–1804)

2. Augustus Frederick Keppel, 5th earl of Albemarle (1794–1851)

3. George Thomas Keppel, 6th earl of Albemarle (1799–1891); through whom is descended Camilla, Duchess of Cornwall.

          1. William Coutts Keppel, 7th earl of Albemarle (1832–1894)

1. Arnold Allan Cecil Keppel, 8th earl of Albemarle (1858–1942)

              1. Walter Egerton George Lucian Keppel, 9th earl of Albemarle (1882–1979)

1. Derek William Charles Keppel, Viscount Bury (1911–1968)

1. Rufus Arnold Alexis Keppel, 10th earl of Albemarle (1965-)

1. heir apparant: Augustus Sergei Darius Keppel, Viscount Bury (2003-)

 

Earl of Dunbar

Sir Alexander Home of Manderston.

1. George Home, 1st Earl of Dunbar (ca. 1556 – 20 January 1611) died without male issue. In the last decade of his life, George Home, KG, PC was the most prominent and most influential Scotsman in England. He was knighted on 4 November 1590, and known as “Sir George Home of Primrose Knowe”, then in 1593, “Sir George Home of Spot”. Spott is a village in East Lothian. Upon James’s accession as James I of England in 1603, Home accompanied his sovereign to Westminster, where he became Chancellor of the Exchequer (and ex officio the Second Lord of the Treasury) from 1603 to 1606. In 1603 he was also appointed to the Privy Council of England, and on 1 June of that year, he received a grant as Keeper of the Great Wardrobe for life. On 7 July 1604, he was created Baron Hume of Berwick in the Peerage of England. In 1605 he was appointed a Knight of the Garter, and on 3 July was created Earl of Dunbar in the Peerage of Scotland.
2. John Home, de jure 2nd Earl of Dunbar (a 1628), brother of 1st Earl, according to the Lord Advocate in 1634, he “conceiving his fortune too mean, forebore to assume the dignity.” He died without male issue.

    • George Home, de jure 3rd Earl of Dunbar (a 1637), son of Alexander Home of Manderston and nephew of 1st Earl, certified his claim in 1634 by the same Lord Advocate.
      • Alexander Home, de jure 4th Earl of Dunbar (d 1675), son of 3rd Earl, is said to have been confirmed in title by Charles II in 1651, but does not appear in The Great Seal of Scotland and died without male issue.

Creation by William III

Alexander Hume, of Manderstone, de jure 5th Earl of Dunbar (b. 1651, d. 4 Jan. 1720 Aurich, Germany), nephew of 4th Earl. Capt. of a troop of horse in the service of the States of Holland, later Geheimrat in Aurich, Germany. To him 14 Oct. 1689, William III, King of England, Ireland and Scotland confirmed the Earldom of Dunbar exemplifying the previous confirmation thereof by Charles II. It is not known if Alexander Hume styled himself “Earl of Dunbar” in Germany, where he and his descendants rather are known as Grafen (Counts) Hume of Manderstone. He married the daughter of Leonard Fewen, General Steward of Emden, who inherited the manor house and estate of Stikelkamp at Hesel, East Frisia. His son – Leonard Hume (1684-1741), de jure 6th Earl of Dunbar – inherited the estate in Stikelkamp from his father. Leonard married Gesina Bruncken (1701-1763). An alleged son of Leonard – Heeres Andries Hume – was de jure the 7th Earl of Dunbar (b. 1738 in Norden). Leonard’s daughter Helena Hume of Manderstone (1722-1784) inherited the estate of Stikelkamp; she married Bebäus Scato Kettwig; their daughter Isabella (1742-1797) married Eger Carl Christian Lantzius-Beninga (1744-1798); the Lantzius-Beninga family owned the Stikelkamp estate untl 1971, when it was purchased by the Landkreis Leer. Note: No claimant has progressed his claim before the House of Lords Committee for Privileges to a satisfactory conclusion. This Committee was – until the Dissolution of Parliament on 12 April 2010 – the only body which was authorised to decide whether or not a claimant may be confirmed in the title. The Lord Advocate of Scotland, for instance, has no authority in these matters, especially in the 17th century, given the corruption and nepotism rampant at that time. The usual way to establish the right to inherit a title is to apply for a Writ of Summons to attend Parliament (a procedure that will have to be reviewed in the light of new legislation abolishing the hereditary parliamentary rights of peers). Then the Committee for Privileges examines the validity of the documentation supporting the line of descent of the claimant and his relationship to the previous holder of the peerage title. Source: Wikipedia.

Conclusions

In the case of Keppel and Bentinck, the succession to the peerage was confirmed by the subsequent heads of state of the United Kingdom:

  1. The Peerage of England — titles created by the Kings and Queens of England before the Act of Union in 1707; The Peerage of Scotland — titles created by the Kings and Queens of Scotland before 1707.
  2. The Peerage of Great Britain — titles created for the Kingdom of Great Britain between 1707 and 1801.
  3. The Peerage of the United Kingdom — titles created since 1801 to the present.
Coat_of_arms_Sir_George_Home,_1st_Earl_of_Dunbar,_KG
Coat of arms Sir George Home, 1st Earl of Dunbar, KG. Artwork by R. S. Nourse on WikiCommons.

In the case of Hume, the succession to the title is not confirmed. The genealogical lines from the creation by William III to the current descendants is clear, however no state recognition, by incorporating the title to Peerage of the United Kingdom, has been granted. As the original title was created by the House of Stuart, it could be said that the current head of the House still has the fons honorum to recognize the title dynastically as an alternative to recognition by the United Kingdom.

After the Battle of Culloden, the Jacobite army of Charles Edward Stuart was decisively defeated by a British government force under William Augustus, Duke of Cumberland, on Drummossie Moor near Inverness in the Scottish Highlands. The House of Stuart lost its position as a dynastic alternative to the Hanoverians. The movement of the supporters of the House of Stuart called ‘Jacobitism’ went into a rapid decline, and in 1788, with the death of Charles, the ‘Young Pretender’, the Jacobite succession lost its political importance. His younger brother, Henry, Cardinal of York, died in 1807, and the male line of the House of Stuart thereby became extinct. According to the Royal Stuart Society, the claim to the Headship of the House of Stuart takes its descent from Henrietta-Anne (1644-1670), daughter of King Charles I, and her husband Philippe, Duke of Orléans. It was inherited by their heirs, the House of Savoy. Marriages of the subsequent heirs then saw it pass to the House of Modena-Este and later to the House of Wittelsbach (Bavaria), with whom it rests today, and the Head of which is Franz Bonaventura Adalbert Maria Herzog von Bayern:

House of Savoy (Sardinia) Charles IV 1807-1819
Victor 1819-1824
Mary II* 1824-1840
House of Este (Modena) Francis I 1840-1875
Mary III 1875-1919
House of Wittelsbach (Bavaria) Robert I and IV 1919-1955
Albert 1955-1996
Francis II 1996-

According to the Society, the elder daughter of King James II and VII, who was married to William III and styled herself Mary II, was not part of the de jure succession, with her father and brother being alive at the time. I do not quite agree with this statement, as Duke Franz has declined such a claim. It is therefore perfectly legitimate for other successors to come forward.

Marie Anne de Mailly-Nesle by Jean-Marc Nattier. Marie Anne de Mailly-Nesle, duchesse de Châteauroux (5 October 1717 – 8 December 1744) was the youngest of the five famous de Nesle sisters, four of whom would become the mistress of King Louis XV of France. She was his mistress from 1742 until 1744. Photo: Public Domain.

An even more obvious authority who could recognize the use of the title Earl of Dunbar would be the successor of William III, since he was the most recent monarch to create the title. However, in 1702, the first House of Orange-Nassau became extinct with the death of William III. John William Friso, Prince of Nassau-Dietz, inherited part of the possessions and the title “Prince of Orange” from his cousin, William III. From then on, the rulers used the title Fürst von Nassau-Oranien in Germany and the title Prins van Oranje-Nassau (English: Prince of Orange-Nassau) in The Netherlands. When the branches of Nassau-Dillenburg and Nassau-Siegen died out in 1739 and 1743, all Nassau areas of the Ottonian Line were reunited and inherited by the branch of Orange-Nassau. The Prince of Orange-Nassau from then on had two seats in the Council of Princes of the Reichstag: Hadamar-Nassau and Nassau-Dillenburg. On 31 May 1815, Prince William VI of Orange-Nassau signed a treaty at the Congress of Vienna with his Prussian brother-in-law and first cousin, King Frederick William III. The treaty ceded the Principality of Orange-Nassau to the Kingdom of Prussia in exchange for Luxembourg which was elevated to a Grand Duchy. On the same day, the Prussian King gave most of the principality to the Duchy of Nassau (thereby uniting the areas of the Ottonian Line and the Walram Line of the House of Nassau). Only Siegen remained with Prussia. Thus, naming a successor to the dynastic rights of William III is difficult. Rival claims to the title ‘Prince of Orange’ have been made by German emperors and kings of the House of Hohenzollern.

Another claiment to the title “Prince of Orange” is the head of the French noble family of Mailly. In 1673, Louis XIV bestowed the titular princedom on Louis Charles de Mailly, Marquis de Nesle, whose wife was a direct descendant, and heiress-general by primogeniture, of the original princes of Orange. After the marquis (who died in 1713), the next holder was Louis of Mailly-Nesle, marquis de Nesle (1689–1764). Although no longer descended from Louis-Charles, a branch of the Mailly family still claims the title today.

Therefore, the current claimants to the title “Prince of Orange” are: Princess Catharina-Amalia of the Netherlands (Amsberg), Georg Friedrich Prince of Prussia and/or Philip Kirill Prince of Prussia (Hohenzollern), and Guy de Mailly, Marquis de Mailly-Nesle (Mailly). In my opinion, all three have the dynastic authority to recognise the title “Earl of Dubar” as issued by William III. This authority is based on dynastic succession. In addition, the Queen of the United Kingdom and the other Commonwealth realms also has the authority in her capacity of legal successor of William III. This authority is based on constitutional law.

Sources

In Britain, who is entitled to the suffix of “Esquire” (“Esq.”)?

Introduction

William-Rees-Mogg-Baron-Rees-Mogg
The Right Honourable The Lord Rees-Mogg Kt. William Rees-Mogg, father of politician Jacob Rees-Mogg, was a British newspaper journalist who was Editor of The Times from 1967 to 1981. In the late 1970’s he served as High Sheriff of Somerset, and in the 1980s was Chairman of the Arts Council of Great Britain and Vice-Chairman of the BBC’s Board of Governors. In 1988, William Rees-Mogg was made a life peer as Baron Rees-Mogg, of Hinton Blewett in the County of Avon. Photo: National Portrait Gallery London.

British politician Jacob Rees-Mogg has marked his arrival as a senior minister in Prime Minister Boris Johnson’s government by issuing a detailed style edict (see appendix) for his departmental staff. Under the new rules, “untitled” men are to be described in writing as “Esquire” rather than “Mr.”  In this respect, it is interesting to see who in Britain is entitled to the suffix of “Esq.” from both a modern and historical perspective.

Historically, the term “Esquire” has an exclusive bearing. An esquire (Latin: scutarius; shield-bearer) originally was a personal attendant to a knight. Over time, the title evolved into that of an apprentice knight and later into a lord of a manor. With the rise of the use of the term “Gentleman” as a rank, it became increasingly difficult to know where the lower limit should be drawn. Traditionally, Esquire ranked socially above Gentleman but below Knight.

In the post-medieval world, the title of ¨Esquire” came to be attributed to all men of the higher landed gentry. Sir John Fearn, in his Glory of Generositie of 1586, referred to four sorts of esquires; by creation, birth, dignity, and office. He commented that this title “is no less abused and profaned” than that of Gentleman, and that,

the degree of esquire is through custom tolerated to many other sorts of gentlemen, but they all, or most of them, are…in function of some offices of justice or government in the King’s palace, as…annexed to the dignities of judges and barons of the benches and courts of justice; to the advocates and procurators of the sovereign; to the degree of sergeants at the coif; to the office of sheriff, escheator, and serjeant at arms; to the eldest born of a baron and peer of the realm or of a knight, besides many others. But that the same should descend from the father to the son, as the state of gentry doth, is mere fabulous. For the title of esquire of common right doth appertain to none, except that by creation he receives the same at the sovereign’s hand, or else through the bearing of such an office as a dignity anent to the same, or else by right of birth as in cases aforesaid, and that through custom.

Based on this definition and on other literature, the entitlement to the suffix of “Esquire” included the following persons:

Category A: Esquires by birth

  • The eldest sons of knights and their eldest sons in perpetual succession;
  • The eldest sons of younger sons of peers and their eldest sons in perpetual succession;
  • Eldest sons of esquires created by letters patent or other investiture, and their eldest sons;
  • Foreign noblemen.

In this context, the term is used to pay an informal compliment to a male recipient by way of implying noble birth.

Category B: Esquires other than by birth

  • Lords of the Manor;
  • Esquires created by letters patent or other investiture;
  • Esquires by virtue of their offices: as the heralds and serjeants at arms and some others, who are constituted esquires by receiving a Collar of Esses; Judges and other officers of state, justices of the peace, and the higher naval and military officers who are designated esquires in their patents or commissions; Doctors in the several faculties and barristers at law.

None  of these offices or degrees convey gentility to the posterity of their holders.

Conclusions

There are protocols for identifying those to whom the suffix should properly be given, especially in very formal or official circumstances. However, no fixed criteria distinguishing those designated “Esquire” exist. They differ over time and have the character of customary law. A number of authorities have tried to create criteria, but none of these are entirely correct or complete. The use of the term “Esquire” essentially remains a matter of impression as to whether a person qualifies for this status. For example, British men have ‘Esq.’ after their names whereas all men from overseas are called ‘Mr.’ on the envelope containing an invitation to Buckingham Palace. The same counts for letters sent to employees of the Royal Household. This protocol does not convey gentility. It is different when the suffix is used in official diplomas issued under the auspices of HM the Queen. In such cases, the suffix implies noble birth (category A, above).

The context of the use is therefore crucial to establishing the meaning of the suffix and determining whether the suffix is correctly used or not. The same is true for the prefix “Sir.” This prefix is used for men titled Knights, i.e., of orders of chivalry, to baronets and other offices. Since the Late Modern era, “Sir” has been increasingly used also as a respectful way to address any commoners of a superior social status or military rank.

Therefore, the specific context can be linguistic, involving the linguistic environment of the suffix “Esquire”, as well as situational, involving extra linguistic elements that contribute to the construction of the meaning of the suffix.

Literature

Appendix 1: Use of the suffix of “Esquire” by the Dutch in the East Indies (currently Indonesia) during the British period

Screenshot from 2020-04-10 23-00-19
Regerings-Almanak Nederlandsch-Indië of 1815, p. 39 (during the British period). From 1811 to 1816, Sir Thomas Stamford Bingley Raffles, FRS (5 July 1781 – 5 July 1826) was Lieutenant-Governor of the Dutch East Indies.

Appendix 2: full text of Jacob Rees-Mogg’s writing style document

RULES FOR UNDERLINGS.

To combat a shocking decline in standards, all but myself must obey the following rules. I shall not be bound by them, as evidenced in my recent excellently-written, well-received and best selling book, ‘Eminent Victorian’s’.

Do not use the Metric System. Or any other French invention, including pasteurisation, mayonnaise or aspirin. Use good, honest British alternatives or, better still, do without. Show some pluck!

Do not use decimal currency. Pounds, shillings and pence will suffice, but florins and groats for preference.

Terms of address. Untitled men are ‘Esquire’, after the totally most excellent example set by our colonial cousin Mr. Bill S. Preston, Esq, of California.

Unmarried women are ‘spinster of the parish’. Correspondence to married women should be addressed to their husband.

Use multiple spaces after a full stop. The more white space you can leave the better, in order to camouflage the lack of meaningful content.

FACT-CHECK YOUR WORK. If you find any, remove them immediately.

Certain words and phrases are strictly forbidden in communications, including

’I understand your concerns’ – I have never understood anyone’s concerns and I do not propose to start now.

’Get’, as in ‘Can I get a coffee?’ – I would immediately sack any member of the cast of Friends, and I will do the same to you if you speak like them.

’Friends’ – I watched it once. Awful moving daguerreotype ‘programme’. Do not mention it.

’Hopefully’ – There shall be no hope during my tenure.

’Unacceptable’ – Nothing is forbidden, everything is acceptable. This applies only to the actions of the Prime Minister.

’Equal’ – Equality has no place in our administration.

’Disappointment’ – this will go without saying.

‘Flaps’ – Can people please stop saying this to me? I do not understand it but makes me feel funny.

 

American Royalty – Succession to the dynastic rights of the Hawaiian monarchs

Introduction

The Crown Jewels of Hawaii – Photo by the Bernice Pauahi Bishop Museum, Honolulu, Hawaii.

The formation of the Kingdom of Hawaii started in 1795 with the unification of the independent islands of Hawaiʻi, Oʻahu, Maui, Molokaʻi and Lānaʻi. In 1810, all of the Hawaiian Islands became unified in one kingdom when the islands of Kauaʻi and Niʻihau were voluntarily added. Two major dynastic families ruled the kingdom subsequently: the House of Kamehameha and the House of Kalākaua until the monarchy was abolished in 1893. This article examines the legitimacy of the current claimants regarding the dynastic rights to the former throne of Hawaii.

Monarchs of Hawaii

The following historical chronology and biographies of Hawaiian monarchs were originally documented in Encyclopedia Britannica.

Kamehameha I (1758?-1819). reigning 1795-1819 – Founder and first ruler of the Kingdom of Hawaii. A shrewd businessman, Kamehameha amassed a fortune for his kingdom through a government monopoly on the sandalwood trade and through the imposition of port duties on visiting ships. He was an open-minded sovereign who rightfully deserves his title Kamehameha the Great. Acclaimed as the strongest Hawaiian ruler, he maintained his kingdom’s independence throughout the difficult period of European discovery and exploration of the islands—a task that proved too great for his successors (source: britannica.com).

Kamehameha II (1797-1824), reigning 1819-1824 – Kamehameha resisted conversion to Christianity, allegedly because he refused to give up four of his five wives as well as rum drinking. In 1823 he sailed on a visit to England, in a delegation that included two of his wives. Stricken with measles in London in June 1824, Kamehameha and his favourite wife, Kamamalu, died there (source: britannica.com).

Kamehameha III (1813 – 1854), reigning 1825-1854 – Only 10 years of age when he succeeded to the throne, he was initially under the regency of Kamehameha I’s favourite wife, Kaahumanu, who had been regent ever since Kamehameha II had visited England in 1824 and died there. Converted to Christianity in 1824, she became known for her wise and beneficent rule. On her death in 1832 the regency fell to Kamehameha I’s daughter Kinau, but in the following year Kamehameha III assumed power in his own right. After hearing a series of lectures on government delivered by an American clergyman, William Richards, Kamehameha III promulgated the Declaration of Rights, called Hawaii’s Magna Carta, on June 7, 1839, the Edict of Toleration on June 17, 1839, and the first constitution on Oct. 8, 1840. This first written constitution for Hawaii contained several innovations, including a representative body of legislators elected by the people. It also set up a supreme court. The first compilation of laws was published in 1842. With Richards’ aid, Kamehameha also obtained diplomatic recognition of Hawaiian independence by the United States in 1842 and by Great Britain and France in 1843 (source: britannica.com).

Kamehameha IV (1834-1863), reigning 1855-1863 – Kamehameha IV, original name Alexander Liholiho, was known for his firm opposition to the annexation of his kingdom by the United States. As Kamehameha IV, he strove to curb the political power of the American Protestant missionaries in the Hawaiian Islands. Dedicated to protecting his people, who were rapidly dying out because of disease, he sponsored many social and economic reforms. He established Hawaii’s commercial and political relations with other nations on a solid base and tried to balance each country’s influence on island life. The son of Kekuanaoa, governor of Oahu, and Kinau, a woman chief who had been kuhina nui (prime minister), Prince Alexander Liholiho was adopted as a child by his uncle, Kamehameha III. He was rigorously educated by Protestant missionaries and attended the Chiefs’ Childrens’ School. To prepare him further for his future role, Prince Alexander and his brother, Lot, accompanied by the missionary-doctor Gerritt P. Judd, toured the United States, England, and France in 1849. Crowned in 1855 at the death of Kamehameha III, he became a popular monarch and was virtually an idol to the Hawaiian people. The annexation movement of 1853–54, championed by many American missionaries, caused Kamehameha to take steps to ensure the independence of his kingdom. In order to balance foreign relations, which had formerly been dominated by the United States, he invited the Church of England to establish itself in the islands. Impatient with the puritanical American missionaries and suspicious of American businessmen, he gradually removed all American members from cabinet posts and encouraged Hawaii’s commercial interests with other nations (source: britannica.com).

Kamehameha V (1830-1872), reigning 1863-1872 – Succeeding to the throne on the death of his younger brother, Kamehameha IV, he immediately revealed his intention to rule with a strong hand, refusing at his inauguration to take the oath to maintain the existing, comparatively liberal constitution. After calling and dismissing a constitutional convention, he himself wrote and promulgated a new constitution (1864), which remained in effect for 23 years. He also imported the first wave of Japanese labourers, by a contract made in 1868. Kamehameha V never married, and the Kamehameha dynasty ended with his death. The legislature elected a cousin, William Charles Lunalilo, to succeed him (source: britannica.com).

Lunalilo (1835-1874), reigning 1873-1874 – Prince William Charles Lunalilo was born to High Chiefess Miriam ʻAuhea Kekāuluohi (Kuhina Nui, or Premier of the Hawaiian Kingdom and niece of Kamehameha I) and High Chief Charles Kanaʻina. Lunalilo’s grandparents were Kalaʻimamahū (half brother of Kamehameha I) and Kalākua (sister to Kaʻahumanu). His great grandfather was Keōuakupupāikalaninui (father of Kamehameha I).Kamehameha V had not named a successor to the throne before he died on December 11, 1872. Lunalilo wanted his people to choose their next ruler in a democratic manner and requested a plebiscite to be held on New Year’s Day. Prince David Kalākaua and others not in the Kamehameha lineage chose to run against Lunalilo. The people on every island unanimously chose Lunalilo as King. At noon on January 8, 1873, the Legislature met, as required by law, in the Courthouse to cast their ballots to elect the next King. Lunalilo received all 37 votes. The coronation of Lunalilo took place at Kawaiahaʻo Church in a simple ceremony on January 9, 1873. He reigned for one year and 25 days, succumbing to pulmonary tuberculosis on February 3, 1874. As a proponent of democracy and more freedom of choice for his people, he did not name a successor before his death because he believed that the people should, again, choose their leader. His trait of “Lokomaikaʻi” followed him in death because of his desire to do what was best for the people (source: lunalilo.org).

Kalakaua (1836-1891), reigning 1874-1891 – The son of a high chief, Kalakaua was a candidate to the throne in 1873 but lost the election to Lunalilo. When Lunalilo died the following year, the legislature then elected Kalakaua, who inaugurated a decidedly reactionary and pro-American reign. In 1874 he visited the United States, and in 1881 he took a trip around the world. Although he secured a somewhat favourable reciprocity treaty with the United States in 1876, he yielded in 1887 to demands to give the United States the exclusive right to enter Pearl Harbor and maintain a naval coaling and repair station there. There was an ever-increasing endeavor by King Kalakaua to restore the ancient Hawaiian social order with its customs and ideas of absolutism and divine right, but it was accompanied by extravagance, corruption, personal interference in politics, and fomentation of race feeling, until he was compelled to promulgate (1887) a new constitution providing for responsible ministerial government and other guarantees. The struggle continued, however, not only until the end of his reign (1891), during which there was an armed insurrection (1889) by the opposition, but even more hotly during the subsequent reign of his sister, Liliuokalani. Kalakaua died on a visit to the United States, amid rumours that he was about to sell his kingdom (source: britannica.com).

Liliuokalani (1838–1917) – reigning 1891-1893.  On the death of King Kalakaua in January 1891, Lydia Liliuokalani ascended the throne, becoming the first woman ever to occupy it. Kamakaeha was of a high-ranking family. Her mother, Keohokalole, was an adviser of King Kamehameha III. Reared in the missionary tradition deemed appropriate for Hawaiian princesses, she received a thoroughly modern education, which was augmented by a tour of the Western world. After a time as a member of the court of Kamehameha IV, she was married in September 1862 to John Owen Dominis, son of a Boston sea captain and himself an official in the Hawaiian government. In 1874 her brother David Kalakaua was chosen king, and in 1877, on the death of a second brother, W.P. Leleiohoku, who was heir apparent, she was named heir presumptive. She was known from that time by her royal name, Liliuokalani. Over the next 14 years she established herself firmly in that role. She served as regent during King Kalakaua’s world tour in 1881, and she was active in organizing schools for Hawaiian youth. During a world tour in 1887 she was received by U.S. Pres. Grover Cleveland and by Britain’s Queen Victoria (source: britannica.com).Victoria Ka’iulani (1875-1899) was born as the daughter of Archibald Scott Cleghorn and Princess Miriam Likelike. Her mother was a sister of King Kalākaua and Queen Liliʻuokalani, the last Queen of Hawaii. She was baptised on Christmas Day at St. Andrew’s Episcopal Church. She passed her first years with her nurse May Leleo and later her governess Miss Barnes. In 1889, Kaʻiulani was sent to England to receive a private education at Great Harrowden Hall, and although she found her lessons hard, she liked them. Her uncle died in 1891 and was succeeded by her aunt, now Queen Liliʻuokalani. Queen Liliʻuokalani immediately appointed Victoria as Crown Princess. Despite this, she continued her studies in England. In 1893, the Hawaiian monarchy was overthrown, and her aunt was deposed. Kaʻiulani released a statement to the press in England (source: historyofroyalwomen.com).

The end of the Hawaiian monarchy

Newspaper article, announcing the appointment by the King of Hawaii of Mr. J.D. van der Made as vice-consul in Dordrecht, The Netherlands. Source: “Binnenland. Rotterdam, 21 Maart.”. “Rotterdamsch nieuwsblad”. Rotterdam, 22-03-1887. Geraadpleegd op Delpher op 02-07-2019, https://resolver.kb.nl/resolve?urn=ddd:011009134:mpeg21:a0018

The United States began exercising direct influence over the Hawaiian monarchy with the Reciprocity Treaty of 1875. In exchange for exclusive use of Pearl Harbor near Honolulu, Hawaiian sugar would enter U.S. markets under favorable tariff rates. Sugar was suddenly the islands’ premier crop, and revenue more than tripled. This economic boom granted the Big Five sugar companies (Ladd & Company, H. Hackfeld & Company, C. Brewer & Company, Castle & Cooke, and Alexander & Baldwin) enormous leverage, that triggered them to organize a political revolution in 1887 (source: history.house.gov).

In 1893 the last monarch of Hawaii, Queen Lili’uokalani, was overthrown by a group of businessmen, who subsequently installed a provisional government. Thereupon, President Benjamin Harrison proposed the Unites States Sanete to annex the Hawaiian islands. In 1897, this initiative was blocked because the native Hawaiian Patriotic League, successfully petitioned the Unites States Congress in opposition of the initiative. In February 1898 however, at the start of the Spanish American War, the establishment of a mid-Pacific fueling station and naval base became crucial for the United States. The Hawaiian islands were an obvious choice in this respect. In July 12, 1898, a Joint Resolution to annex the Hawaiian islands passed Congress and the Hawaiian islands were officially annexed by the United States (source: archives.gov). The annexation of the Hawaiian islands marked the end of a long struggle between native Hawaiians and white American businessmen for the control over the country.

In 1993, president Bill Clinton signed legislation that apologized for the U.S. role in the 1893 overthrow of the Hawaiian monarchy. The apology, meant as a means of reconciliation with Native Hawaiians, acknowledges the historic significance of the event. It did not however, provide Federal recognition to native Hawaiians as other Federal laws provide to American Indian tribes.

Legal soap

In the 1990’s, two friends, Lance Paul Larsen and David Keanu Sai prepared a strategy to fabricate a recognition of the self-proclaimed “Hawaiian Kingdom”. A classic formula for ‘recognition’ of fantasy claims is to provoke an arbitral award and then claim that this award is proof of the recognition by a judge of the desired claims. Larsen and his friend followed this strategy and managed to bring their fabricated dispute before an arbitral tribunal established under auspice of the Permanent Court of Arbitration (PCA) in The Hague (Netherlands). The parties in the case were designated Lance Paul Larsen as Claimant and the “Hawaiian Kingdom” as Respondent. The appointed arbitrators were Dr. Gavan Griffith QC, Professor Christopher J. Greenwood QC and Professor James Crawford SC (President of the Tribunal). The essence of the case was the question regarding the legality of the annexation of Hawaii by the United States in 1898 and the claim of the continuing existence of the Kingdom as an independent State in international law. The arbitral tribunal did not tackle any of these issues since it concluded that it did not have jurisdiction over the dispute submitted by the Parties. It also noted that it did not recognize anything by designating the Respondent ‘Hawaiian Kingdom’ (par. 1.2):

In the Notice of Arbitration of 8 November 1999 the Respondent is expressed to be “the Hawaiian Kingdom by its Council of Regency”. Without prejudice to any questions of substance, the Respondent will be referred to in this award as “the Hawaiian Kingdom”.

The summary of the case reads as follows.

In 1999, Mr. Lance Paul Larsen, a resident of Hawaii, brought a claim before the Permanent Court of Arbitration in The Netherlands against the Hawaiian Kingdom by its Council of Regency (“Hawaiian Kingdom”) on the grounds that the Government of the Hawaiian Kingdom is in continual violation of: (a) its 1849 Treaty of Friendship, Commerce and Navigation with the United States of America, as well as the principles of international law laid down in the Vienna Convention on the Law of Treaties, 1969 and (b) the principles of international comity, for allowing the unlawful imposition of American municipal laws over the claimant’s person within the territorial jurisdiction of the Hawaiian Kingdom.

In determining whether to accept or decline to exercise jurisdiction, the Tribunal considered the questions of whether there was a legal dispute between the parties to the proceeding, and whether the tribunal could make a decision regarding that dispute, if the very subject matter of the decision would be the rights or obligations of a State not party to the proceedings.

The Tribunal  underlined the many points of agreement between the parties, particularly with respect to the propositions that Hawaii was never lawfully incorporated into the United States, and that it continued to exist as a matter of international law. The Tribunal noted that if there existed a dispute, it concerned whether the respondent has fulfilled what both parties maintain is its duty to protect the Claimant, not in the abstract but against the acts of the United States of America as the occupant of the Hawaiian islands. Moreover, the United States’ actions would not give rise to a duty of protection in international law unless they were themselves unlawful in international law. The Tribunal concluded that it could not determine whether the Respondent has failed to discharge its obligations towards the Claimant without ruling on the legality of the acts of the United States of America – something the Tribunal was precluded from doing as the United States was not party to the case.

I agree with Dr. Kenneth R. Conklin’s conclusions regarding the case:

Gullible people see an opera and mistake it for real life. This staged performance had the backdrop of a building used for the genuine International Court at the Hague, where disputes between nations are resolved and where international war crimes trials are held. Naturally, Keanu and Lance refer to their arbitral panel as “The International Court at the Hague,” which creates a false impression of grandeur.

Claims

In this paragraph I will discuss five claims to the dynastic rights of the former Hawaiian monarchs.

Wilcox Salazar claim

The claim to the headship of the Royal House of Hawaii by Mrs. Owana Ka`ohelelani Kahekili Mahealani-Rose La`anui Wilcox Salazar is summarized  below.

The Succession to the throne is named by the sovereign under a proper royal proclamation or a ratified and approved constitution, naming the heir to the throne or a line of succession according to the law. In 1844, King Kamehameha III ignored wide claims to the dynasty from other chiefly relatives, and thereby, submitted an official list to the Legislature as the Order-in-Council of a selection of the highest ranking native ali’i eligible to rule under the pertaining Articles of the Hawaiian Kingdom’s constitutions. Article 22 states that upon failing to name an heir to the throne, and if the throne should become vacant, the Legislative Assembly, who shall elect by ballot some native ali`i of the Kingdom as successor to the throne. The Legislative Assembly calls on royal candidates of the highest ranking native ali`i from the list of eligibles to the throne submitted by King Kamehameha III. The list of the highest ranking native ali`i to be rulers was never expanded officially after Kamehameha III by any sovereign, including  Kalakaua who was elected from the list in this manner and reigned for 17 years with legal heirs to the throne naming Lili`uokalani. The deposed Queen Lili`uokalani failed to secure a legal heir to the throne after Princess Ka`iulani and dies in 1917 under an illegal occupation, leaving the throne vacant.  In 1917, Queen Lili`uokalani’s cousin, the High Chiefess Elizabeth Keka`aniau La`anui is the hereditary head of the royal house and now the only highest ranking ali`i alive on the list of eligibles to the throne provided for the Legislative Assembly for Article 22. Given the fact of the overthrow and that the Legislative Assembly is no more, the head of the royal house and preemptive to the throne, High Chiefess Elizabeth Keka`aniau, by the Grace of God has the natural right under international law to continue as “de jure” sovereign under the illegally occupied Hawaiian Kingdom in 1917. Princess Elizabeth Keka`aniau announces her status as head of the royal house, a direct descendant of King Kamehameha’s brother and also a cousin of Queen Lili`uokalani. Elizabeth claims the next head of the royal house by primogeniture will be her niece, Princess Theresa Owana Ka`ohelelani and then to her primogeniture descendants, which has been handed down from generation to generation to her great grand daughter, Princess Owana Ka`ohelelani Salazar (source: keouanui.org).

Baker claim

The Baker claim is more modest. The proponent of the claim, Mr. Darrick Baker, substantiates his claim as head of the House of Kamakaheleias and as protector (instead of the head) of “the Royal House” as follows:

The Kingdom of Hawaii was founded by King Kamehameha I in 1795 after unifying the individual Kingdoms of the Hawaiian Islands. Then in 1893 the throne was vacated after a coup d’état against Queen Lydia Liliʻuokalani, who was the last sovereign of Hawai’i. Today there remain descendants of the pre-unication Royal Houses and prominent among them are the House of Kawananakoa and the House of Kamakahelei. H.R.H. Prince Darrick Lane Hoapili Liloa Kamakahelei Baker is the head of the House of Kamakahelei. The House of Kamakehelei is closely related to the former ruling Houses of Kamehameha and Kalakaua and also with the House of Kawananakoa, which is currently headed by Prince Quentin. And as per Hawaiian customs, both Prince Darrick and Prince Quentin are equally positioned to be elected to the Head of the Royal House of Hawaii should the Kingdom be restored.

As Ali’i and a senior member of the Royal House of Hawaii, Prince Darrick considers it his duty to be the protector of the Royal House, actively preserving its legacy and authenticity by maintaining its rich traditions and culture to the maximum extent possible (source: royalhouseofhawaii.com).

The claim is well-documented in a social-cultural study, named: Prince Darrick Baker and the Royal House of Kamakahelei.

Mr. Quentin Kawānanakoa

Mr. Quentin Kawananakoa is a Hawaiian politician and great-grandson of Prince David Kawananakoa — who was a cousin of King David Kalakaua. His great-grandfather’s brother was Prince Jonah Kuhio Kalaniana’ole.

Some Hawaiians also consider Quentin Kawananakoa an heir to the Hawaiian monarchy. However, Mr. Kawananakoa has stated that he neither claims nor rejects the title and it has never been formally bestowed on him. Such a title would be honorific, rather than a source of actual political power, except in the sense that it emphasizes heritage and Island roots, he states in an interview with the Honolulu Advertiser in 2006:

I don’t allude to myself in that fashion, but I certainly am proud of my forefathers who in fact were of the royal family,” he said. “But today what we have is perhaps a remembrance of our culture, and in that respect, I think many Hawaiians do recognize that we do come from our prior ali’i family lines.

Mrs. Abigail Kinoiki Kekaulike Kawānanakoa

Mrs. Kawānanakoa (1928-) is the only child of Lydia Liliuokalani Kawānanakoa and William Jeremiah Ellerbrock. Her great-grandfather was James Campbell, a 19th-century Irish industrialist who made a fortune as a partner in a Maui sugar plantation. At the age of six, Mrs. Kawānanakoa was legally adopted in the Hawaiian tradition of hānai by her grandmother, Princess Abigail Campbell Kawānanakoa. It was the intention that she remain a direct heir to a possible restoration of the monarchy. As Liliʻuokalani’s great grand niece, Mrs. Kawānanakoa is seen as the heir apparent to the Hawaiian throne, should restoration of the monarchy occur. She has been described by US Senator for Hawaii and President pro tempore of the United States Senate, Daniel Ken Inouye as “a member of the family with the closest blood ties to the Kalākaua dynasty” (source: Senator Daniel Ken Inouye, “Anniversary of Coronation of King Kalākaua”, Congressional record 10,098 (27 April 1983, cited in Van Dyke, J.M.  (2009). Who Owns the Crown Lands of Hawai’i?, p. 370). Mrs. Kawānanakoa has been active in various causes for the preservation of native Hawaiian culture, including the restoration of ‘Iolani Palace.

Mr. Sammy Amalu

Also worth mentioning is Mr. Sammy Amalu (1917–1986), a longtime columnist at The Honolulu Advertiser. The 1972 book by Doris Jividen describes the life of this gentleman in much detail. Amalu styled himself as High Chief Kapiikauinamoku, Prince of Keawe and Duke of Konigsberg. He attempted to buy up several Waikiki hotels with counterfeit checks in the 1940s and ended up in prison. Under the alias Kapiikauinamoku, he later wrote “The Story of Hawaiian Royalty” and “The Story of Maui Royalty” in a series of columns written for The Honolulu Advertiser. These articles include genealogies of Hawaii’s aliʻi families including his ancestress, Miriam Auhea Kekāuluohi Crowningburg Kamai (c. 1839–1899). Mrs. Auhea was a high chiefess during the Kingdom of Hawaii. She was a cousin of King Lunalilo and namesake of his mother Kekāuluohi, however was rarely referred to as Kekāuluohi II. Mr. Amalu’s claim ended with his imprisonment.

Conclusions

  1. It is quite peculiar that the anonymous Facebook page “Prestor John Institute” defames the Baker claim on the basis of a book by Mr. Amalu (alias “Samuel Crowningburg-Amalu”), mentioned above. The page states in its Facebook post of 9 April 2019: “Princess Owana Salazar is the undisputed Head of the Royal House and Senior Heir to the Throne.“. Because there exists at least one more claimant (Mrs. Kawānanakoa, mentioned above), this statement is obviously false.
  2. The Larsen  vs. the Hawaiian Kingdom case shows that private persons or entities cannot recognize a state that does not exist. At least, such a recognition does not have legal consequences from a public law perspective. The only authoritative body that could recognize (in a sense of attributing public law consequences) one or more Hawaiian dynastic rights, is the State of Hawaii or the Federal government. Such a recognition could have the form of Act by the government.
  3. Contrary to the Larsen vs. the Hawaiian Kingdom case, there exist transparant and genuine ways to recognise native hereditary rights. In Africa, for example, Botswana has passed several laws to recognise the authority of traditional leaders. These include the Chieftaincy Act; Customary Courts Act, Tribal Territories Act, Marriages Act, and House of Chiefs Act. In Zimbabwe, traditional leaders are selected by their families through rules of succession and eventually endorsed by the executives, a process embedded in the Traditional Leaders Act. In the United States, the Office of Federal Acknowledgment (OFA) within the Office of the Assistant Secretary – Indian Affairs of the Department of the Interior (Department) implements Part 83 of Title 25 of the Code of Federal Regulations (25 CFR Part 83), Federal Acknowledgment of American Indian Tribes. This acknowledgment process is the Department’s administrative process by which petitioning groups that meet the criteria are given Federal acknowledgment as Indian tribes and by which they become eligible to receive services provided to members of Indian tribes. These examples show that governmental recognition of native groups is achievable. Similar legislation by the State of Hawaii or the Federal Government would bring genuine recognition to Hawaii’s heads of dynastic families.
  4. I do not recommend Hawaiian heads of dynastic families to seek recognition from other non-reigning (European) claimants, since this only emphasizes a lack of official recognition. Hawaii’s dynastic families do not need recognition from private parties to show that they are genuine. I recommend sending a petition with scientific, anthropological, genealogical, and historical research to the state of Hawaii to achieve recognition. Hawaii itself is the only authoritative body in this respect.
  5. At the moment, a single Royal House of Hawaii does not exist and a head of the Royal House cannot be elected, since there is no legislature to institute a council of Hawaiian nobles, elected by the High Chiefs. Princess Victoria Ka’iulani did not appoint a successor. In my opinion, the situation before the unification of the Hawaiian dynastic families has currently been revived, and therefore there can only be heads of the pre-unification dynastic families. The Baker-claim is the only claim that is transparent, precise and honest in this respect.

Sources

  • Dumberry, Patrick, The Hawaiian Kingdom Arbitration Case and the Unsettled Question of the Hawaiian Kingdom’s Claim to Continuity as an Independent State Under International Law (October 23, 2008). Available at SSRN: https://ssrn.com/abstract=1288810 or http://dx.doi.org/10.2139/ssrn.1288810
  • Webb, N. B., & Webb, J. F. (1998). Kaiulani: Crown princess of Hawaii. Honolulu: Mutual Publishing.
  • Fornander, A., & Stokes, J. F. (1969). An account of the Polynesian race, its origin and migrations and the ancient history of the Hawaiian people to the times of Kamehameha I. Rutland (Vt): Tuttle.
  • Kamehiro, S. L. (2009). The arts of kingship: Hawaiian art and national culture of the Kalākaua era. Honolulu: University of Hawaii Press.
  • McKinzie, E. K., & Stagner, I. W. (1986). Hawaiian genealogies: Extracted from Hawaiian language newspapers. Laie, HI: Institute for Polynesian Studies, Brigham Young University-Hawaii Campus.
  • Peleioholan, L. S. (1908). Genealogy of the Robinson family & ancient legends and chants of Hawaii. Honolulu: Bulletin Publishing.
  • Düsing, S. (2002). Traditional leadership and democratisation in Southern Africa: A comparative study of Botswana, Namibia, and Southern Africa. Münster: Lit.
  • Jividen, D. (1972). Sammy Amalu: Prince, Pauper Or Phony? Erin Enterprise.
  • Van Dyke, J.M. (2009). Who Owns the Crown Lands of Hawai’i? HonoluluUniversity of Honolulu Press.

Acknowledgement

I gratefully acknowledge the most interesting comments of Dr. Matt Bray.

Nederlandse adeldom via de vrouwelijke lijn

Een afstammeling – via de vrouwelijke lijn – van een Nederlandse adellijke familie vroeg mij onlangs of hij kon worden erkend te behoren tot de Nederlandse adel. Ik moest hem helaas teleurstellen.

Juridisch kader

Volgens vaste jurisprudentie van de Raad van State gaat adeldom in Nederland alleen over via de mannelijke lijn:

Gelet op de vaste rechtspraak van de Afdeling (uitspraken van 5 april 2006 in zaak nr. 200505679/1 en van 22 juli 2009 in zaak nr. 200807914/1), is van discriminatie geen sprake als er voor het maken van onderscheid in het licht van de doelen van de van toepassing zijnde regeling redelijke en objectieve gronden bestaan. In dit verband dient de vraag te worden beantwoord of er voor het verschil in behandeling tussen buitenechtelijke kinderen van een adellijke vader geboren vóór 1 augustus 1994 enerzijds en buitenechtelijke kinderen van een adellijke vader die daarna zijn geboren anderzijds een objectieve en redelijke rechtvaardiging bestaat. De adel is een historisch gegroeid instituut dat zijn bestaansrecht uitsluitend ontleent aan dat historische karakter. Met het naar eigentijdse denkbeelden wijzigen en inrichten van het instituut zal dit instituut zijn grondslag verliezen. Uitgangspunt bij het wetsvoorstel was gelet daarop, het beleid ten aanzien van adeldom en het geldende adelsrecht te handhaven. De modernisering is daarom beperkt tot na 1 augustus 1994 buiten het huwelijk geboren kinderen van een adellijke vader. Gelet hierop bestaat voor het onderscheid een objectieve en redelijke rechtvaardiging.

Commentaar

Poster van de Vereeniging voor Vrouwenkiesrecht.
Bron: Collectie IAV-Atria, kennisinstituut voor emancipatie en vrouwengeschiedenis. Vervaardigd door Th. Molkenboer, 1918.

De logica waarom een historisch gegroeid instituut zijn bestaansrecht uitsluitend ontleent aan dat historische karakter en zijn grondslag verliest als adeldom via de vrouwelijke lijn overgaat, ontgaat mij. Naar mijn mening is de overweging van de Raad van State denigrerend ten aanzien van vrouwen; het zijn kennelijk (als je de overweging leest) inferieure wezens die niet in staat zijn om een historisch instituut ‘in ere’ te houden. Laat het helder zijn: zonder vrouwen kan er geen adel zijn omdat alleen vrouwen kinderen kunnen krijgen. Voorgaande standaard-overweging van de Raad van State is een uitvloeisel van een politiek spelletje en heeft niets met recht te maken. Het is zeer ernstig dat de Raad van State zich hiervoor leent. Ik zal dit nader toelichten aan de hand van een vergelijking met het vrouwenkiesrecht.

Vergelijking met vrouwenkiesrecht

In de grondwet van 1882 werd gesproken van ‘Nederlanders’ als het ging om het kiesrecht. Vrouwen waren volgens de letter van de wet dus niet uitgesloten van het kiesrecht. Toen de arts Aletta Jacobs zich in 1883 als eerste vrouw op de kiezerslijst wilde laten zetten in Amsterdam, werd zij geweigerd. Tot drie keer toe kreeg mevrouw Jacobs nul op haar rekest: eerst van de gemeente Amsterdam, vervolgens van de arrondissementsrechtbank en tenslotte van de Hoge Raad.

Hoewel de grondwet het kiesrecht aan meerderjarige Nederlanders met een bepaald inkomen toekende, stelde de Hoge Raad dat ‘Nederlander en ingezetenen alleen slaat op de mannen, anders ware dit afzonderlijk vermeld’. Ons hoogste rechtscollege overwoog dat (Schokking 1958, p. 24):

de rechtbank (…) terecht heeft beslist, dat het ten enemale onaannemelijk is, dat het in de bedoeling van de Nederlandsche wetgever bij de herziening der Grondwet in 1848 zoude hebben gelegen, om, in afwijking van destijds bestaande toestanden en geldende beginselen van Staatsrecht, het stemrecht aan vrouwen toe te kennen; dat toch, ware deze uitbreiding van het kiesrecht door de wetgever beoogd, dit allergewichtigst beginsel ongetwijfeld in duidelijke en ondubbelzinnige termen in de Grondwet en diensvolgens in de Kieswet van 1850 zoude zijn uitgesproken, wat echter niet is geschied.

Net als met de weigering van de adeldom via de vrouwelijke lijn werd ‘de geest der wet’ belangrijker geacht: “. Bij de Grondwetsherziening van 1887 werd het kiesrecht uitgebreid tot kiezers die ‘over tekenen van welstand en bekwaamheid beschikten’, maar er werd ook uitdrukkelijk opgenomen dat alleen mannelijke ingezetenen kiesrecht hadden. Er zou dus een nieuwe grondwetswijziging nodig zijn om vrouwenkiesrecht mogelijk te maken. Pas in 1917 werd in Nederland het passief kiesrecht voor vrouwen ingevoerd. Vrouwen konden toen voor politieke functies gekozen worden, maar mochten niet zelf stemmen. In 1919 kregen vrouwen eindelijk het felbegeerde actief kiesrecht, waardoor ze zelf mochten stemmen.

Aan het weigeren om adellijke titels (die volgens het Europees Hof voor de Rechten van de Mens een onderdeel van de naam zijn; zie de door mij behandelde zaak: EHRM 18 mei 1999, zaaknr. 45908/99) over te laten gaan via de vrouw, liggen dezelfde ‘objectieve’ overwegingen ten grondslag: de geest van de wet. Ik meen dat de term zombie overwegingen beter de lading dekken. Zelfs in 2007 werden dergelijke zombies nog van stal gehaald bij de totstandkoming van de uitspraak van de Raad van State. Hierin werd beslist dat de Staatkundig Gereformeerde Partij gesubsidieerd moest worden ondanks dat de partij een vrouw-onvriendelijk beleid hanteert ten aanzien van het kiesrecht. Zoals J. Peeters en K. Bleeker in 2008 terecht constateren, een niet te vatten redenering:

Het blijft voor ons toch moeilijk te vatten dat een partij als de SGP, die vrouwen rechtstreeks discrimineert, nog steeds serieus genomen wordt (was zelfs recentelijk nog even bij de kabinetsformatie betrokken). Men kan dit toch moeilijk afdoen als een gevolg van de eis van pluriformiteit die ons democratisch bestel kenmerkt? Dat wordt toch niet minder gekenmerkt door het verbod van discriminatie van vrouwen? Misschien wordt de SGP door velen gezien als een rariteit in ons bestel en niet bedreigend. Men moet dan niet vergeten dat de SGP lokaal in sommige gemeenten een dominante rol speelt. Zelfs wanneer men in de afweging tussen de pluriformiteit van de ABRS [Afdeling Bestuursrechtspraak van de Raad van State, red.] en het discriminatieverbod van het Hof kiest voor pluriformiteit betekent dat toch niet per se dat de SGP actief gesteund moet worden middels subsidie. Wat dit aangaat zijn de vrouwenrechten er niet op vooruitgegaan met de uitspraken van de ABRS en het Hof.

Conclusies

Het is voor mij – en gelukkig voor veel anderen – een enigma dat vrouwen nog steeds geen adeldom kunnen overdragen omdat daarmee het ‘historisch instituut zijn grondslag verliest’. Alleen als de vrouw lid is van het Koninklijk Huis wordt de zombie teruggestuurd naar de plaats waar hij vandaan komt; dan is overerving van adeldom in de vrouwelijke lijn wel mogelijk en verliest het historisch instituut zijn grondslag kennelijk niet. Ik begrijp het niet.

Literatuur

  • Atria; BWN; BWSA; PDC ; W.F. Bynum and Helen Bynum red., Dictionary of Medical Biography (Oxford 2007);  Bonnie Smith red., The Oxford Encyclopaedia of Women in World History (Oxford 2008).
  • Schokking, J.C. De vrouw in de Nederlandse politiek. Emancipatie tot actief Burgerschap, Assen, 1958.
  • Peters, J. & K. Bleeker (2008). Staat moet SGP aanpakken maar ook subsidiëren: over botsende competenties en grondrechten, NJB nr. 10, 7 maart 2008, p. 556-563.

Bijlage – Wet op de Adeldom

Wet van 10 mei 1994, houdende regeling inzake de adeldom

Wij Beatrix, bij de gratie Gods, Koningin der Nederlanden, Prinses van Oranje-Nassau, enz. enz. enz.

Allen, die deze zullen zien of horen lezen, saluut! doen te weten:

Alzo Wij in overweging genomen hebben, dat op grond van additioneel artikel XXV van de Grondwet een voorziening moet worden getroffen ter zake van de adeldom;

Zo is het, dat Wij, de Raad van State gehoord, en met gemeen overleg der Staten-Generaal, hebben goedgevonden en verstaan, gelijk Wij goedvinden en verstaan bij deze:

Artikel 1

Adeldom wordt verleend bij koninklijk besluit. De verlening kan uitsluitend geschieden aan Nederlanders.

Artikel 2

1 De verlening van adeldom geschiedt door verheffing, inlijving of erkenning.

2 Verheffing in de adel bij koninklijk besluit kan uitsluitend plaatsvinden ten aanzien van leden van het koninklijk huis en van voormalige leden daarvan binnen drie maanden na verlies van het lidmaatschap van het koninklijk huis.

De verlening van de titels «Prins (Prinses) der Nederlanden» en «Prins (Prinses) van Oranje-Nassau» wordt bij of krachtens de Wet lidmaatschap koninklijk huis bepaald.

3 Inlijving in de Nederlandse adel kan slechts plaatsvinden ten aanzien van personen wier geslacht behoort tot de wettelijk erkende adel van een staat met een vergelijkbaar adelsstatuut en die het verzoek tot inlijving hebben gedaan.

    • a.te zamen met het verzoek tot verlening van het Nederlanderschap;

    • b.te zamen met het afleggen van de verklaring ter verkrijging van het Nederlanderschap door optie;

    • c.te zamen met het bereiken van de meerderjarigheid bij de verkrijging van het Nederlanderschap van rechtswege indien de vader van de verzoeker het Nederlanderschap niet van rechtswege heeft verkregen.

4 Erkenning te behoren tot de Nederlandse adel kan uitsluitend plaatsvinden ten aanzien van personen die behoren tot een geslacht dat voor 1795 reeds tot de inheemse adel behoorde.

Artikel 3

Adeldom gaat ook volgens de bestaande regelingen met betrekking tot adeldom over op buiten het huwelijk geboren kinderen.

Artikel 4

Bij de verlening van adeldom zijn taxa verschuldigd. Bij algemene maatregel van bestuur worden nadere regels omtrent de taxa gesteld.

Artikel 5

Adeldom wordt vermeld op officiële documenten waar dit vereist is, tenzij de betrokken persoon verzoekt, de vermelding achterwege te laten of te verwijderen.

Artikel 6

1 Er is een Hoge Raad van Adel.

2 De Raad heeft tot taak Onze Minister van Binnenlandse Zaken te adviseren over verzoeken tot verlening van adeldom.

3 De Raad is samengesteld uit vijf leden, die bij koninklijk besluit worden benoemd en ontslagen.

Artikel 7

1 [Red: Bevat wijzigingen in andere regelgeving.]

2 De bestaande regelingen met betrekking tot adeldom en de Hoge Raad van Adel kunnen worden gewijzigd bij algemene maatregel van bestuur.

Artikel 8

Inlijving in de Nederlandse adel kan plaatsvinden ten aanzien van personen wier geslacht behoort tot de wettelijk erkende adel van een staat met een vergelijkbaar adelsstatuut en daartoe een verzoek om inlijving hebben gedaan binnen vijf jaar na de datum van inwerkingtreding van deze wet.

Artikel 9

Deze wet kan worden aangehaald als Wet op de adeldom.

Lasten en bevelen dat deze in het Staatsblad zal worden geplaatst en dat alle ministeries, autoriteiten, colleges en ambtenaren wie zulks aangaat, aan de nauwkeurige uitvoering de hand zullen houden.

Gegeven te ‘s-Gravenhage, 10 mei 1994

Beatrix

De Minister van Binnenlandse Zaken,

E. van Thijn

Uitgegeven de tweede juni 1994

De Minister van Justitie,

E. M. H. Hirsch Ballin

Legal opinion: the legitimate successor of king Kigeli V of Rwanda

Introduction

King Rwanda
King Rudahigwa Mutara III (1911-1959) in Belgium in 1949 with mr. Kamuzinzi ka Rusagara behind him. Photo: Mrs. Majolie F. Uwase. Rudahigwa Mutara III became a Rwandan King in 1931 and effectively worked under the Belgians influence. Rudahigwa, who died in in Bujumbura, is said to have been the first victim of the ID’s introduced by Belgians.

According to tradition, Ruganzu I Bwimba, a Tutsi leader, founded a kingdom in the Bwanacambwe region near Kigali in the 15th or 16th century. What is now central Rwanda was absorbed in the 16th century, and outlying Hutu communities were subdued by the mwami (“king”) Ruganzu II Ndori in the 17th century. In some areas of the country, independent Hutu principalities continued to exist, and in other areas, Tutsi and Hutu lineages lived in interdependent cooperation under the nominal control of the king. The borders of the kingdom were rounded out in the late 19th century by Kigeli IV Rwabugiri, who is regarded as Rwanda’s greatest king. By 1900 Rwanda was a unified state with a centralized military structure (source: Encyclopaedia Britannica).

Upon the arrival of the Belgians in 1916 after the First World War following the defeat of Germany, the Belgians endorsed the Tutsi’s power over the Hutus as a means of controlling the country. The Belgians considered the Tutsis to be superior to the Hutus. They considered the Tutsis as more like themselves. For this reason they supported them to be the upper-class of Rwandan society. Identity cards that distinguished Hutu from Tutsi became mandatory, like the Jews were categorized in during the Nazi regime. Belgium’s worst crime was the introduction of a racial theory aimed at providing proof of the Tutsi’s apparent greater purity and closer ancestry to Europeans. Skull measurements showing larger brain size, greater height, and lighter skin tones all reaffirmed the Tutsis’ superiority over the Hutus.

The final step in Belgium’s racial policy was implementing ‘Corvée’: peasant farmers, for the large part Hutus, were obligated to grow coffee beans on their land for Tutsi officials. Corvée is a system similar to slavery.

When Belgium relinquished power and granted Rwanda independence in 1962, the Hutus took their place. Over subsequent decades, the Tutsis were portrayed as the scapegoats for every crisis. The oppressed Hutus decided to take revenge. During Grégoire Kayibanda’s regime (1961-1973), there was an increasing exodus of Tutsis from Rwanda into neighboring nations. The above mentioned developments culminated eventually in the 1994 Rwandan Genocide that left nearly one million people dead.

Rwanda’s peacekeepers

In 1961, with the support of the Belgian government, Hutu politician Dominique Mbonyumutwa led a coup d’état that took control of the Rwandan state and abolished the kingdom on 25 September 1961. King Kigeli V Ndahindurwa of Rwanda (1936 – 2016) was the last ruling king (Mwami) of Rwanda, from 28 July 1959 until the abolition of the Rwandan monarchy. Like his ancestors, he was a peacekeeper and preserved the unity in his country under the difficult times of Belgium oppression. Their support to overthrow the king as head of state was the last act of betrayal by the Belgians to the Rwandan people: the destruction of its centuries-old cultural identity.

The last official king of Rwanda led a life in exile for almost 60 years, both as a refugee and a consistent advocate for the immediate, safe and unconditional return home of all Tutsi exiles. One of the first to help the king was the Monarchist League, a 70-year-old British group that campaigns for the preservation and restoration of kingdoms the world over. In order to fund this great achievement, Kigeli V turned to westerners who were willing to support him financially in exchange for noble titles and other honors. Such a practice is not an uncommon business model for monarchs (whether reigning or in exile) to fund their court.

However, the living circumstances of this great man remained far from optimal. In 2013, Washingtonian magazine found the former monarch living in subsidized housing in Virginia and living off food stamps. He told the magazine that Paul Kagame, president of Rwanda and a fellow Tutsi, had permitted him to return to his home country but said that he could not resume the throne. In retrospective, I doubt that this was the right decision.

As the return to monarchy could be instrumental in preserving unity and peace in Rwanda and thus preventing further violence, it is interesting to investigate the question of who can be seen as a legitimate successor to king Kigeli V.

Line of succession

During the colonisation by the Belgians, all legislation governing the country was made by Belgian authorities and the mainstay of criminal and civil legislation was the civil and criminal codes of the then Belgian Congo. Though criminal law had universal application, written civil laws was applied only to whites. Customary law continued to apply to the natives. Hence the current Rwanda Civil Law Legal system is based on German and Belgian civil law systems and customary law. It is important to note that Rwanda is a civil law legal system that in the beginning of the 21st century was undergoing a transformation from purely civil law to a merge between civil law and common law. The evolutionary process has led to the reform of several laws such as the penal code, and the law of evidence among others.

During the time that Rwanda was a kingdom, the central government was manned by the Abiru through a complex and secret polity known as ubwiru. The Abiru were ritual loyalists who lived in the king’s palace. Their purpose was to explain occurrences and forecast the future. For instance, the Abiru alone could secretly determine the next king and define his mission during his reign (source: globalsecurity.org).

In my opinion, there currently is no formal law to derive a successor, since the kingdom has been replaced by a republic. The same cannot be said about the Abiru: this ancient institute cannot be abolished by the president of the Rwandan republic as it is part of the king’s personal entourage. Therefore, in respect to the legitimacy of a claim, customary law adopted to general principles of law that are recognized by civilized nations, should be seen as coming close to a law of succession and it is along these lines that I have formed an opinion about the legitimate successor of king Kigeli V.

Legal opinion

Acclamation of the new pretender to the vacant throne of Rwanda Yuhi VI by mr. Benzinge (9 January 2017).

There is no doubt in my mind that Mr. Boniface Benzinge was a close friend and reliable confidant of the king. In many instances he can be seen by his side in the Kigeli V’ company, for example at the king’s last public interview of 30th August 2016. Mr. Benzinge also accompanied the king on his last visit to the United Kingdom in June 2016. The close relationship both men held, was mentioned by the Washingtonian in the 2013 article. Mr. Benzinge was Kigeli’s boyhood friend (source: Mr. Chris Kamo). He played various roles for the King, including his chancellor, counsellor, secretary and interpreter. He stayed with his friend for nearly six decades when almost all other Rwandans abandoned him and only a handful of Westerners circled around the former king with the sole purpose of obtaining royal titles and awards.

Based on the oral evidence, publicly given by Mr. Benzinge on 9 January 2017, in my opinion, the current claimant, Mr. Emmanuel Bushayija (1960), should be regarded as a legitimate successor to the headship of the Royal House of Rwanda. Bushayija is the son of HRH Theoneste Bushayija and grandson of HM King Yuhi V Musinga. He has assumed the title “Yuhi VI” and should be addressed as His Royal Highness in formal correspondence.

Recommendations

  • I recommend to form an Abiru, consisting of Rwandans, who are able to act in accordance with the ancient traditions of customary law but are also open to implementing fundamental rules of modern law (for example regarding gender-neutrality). An Abiru, consisting of Westerners is not acceptable, since this would be in breach with customary law.
  • The composition of the Abiri also needs to be transparent in order not to trigger discussion regarding future successors. The names of the members of the Abiri should be published on the website of the Royal House.

Literature

Lines of succession to the former Portuguese throne

Introduction

Dom Manuel II, last King of Portugal, in full robes during a 1911 Order of the Garter procession. His reign ended with the dissolution of the monarchy in the 5 October 1910 revolution. Dom Manuel lived the rest of his life in exile in Twickenham, southwest London. His death on 2 July 1932 (via suffocation by an abnormal swelling in the vocal folds of his larynx, or tracheal oedema) has been regarded as suspicious due to the fact that he had been playing tennis on the day before and did not have any health issues. Detective Inspector Harold Brust (a member of Scotland Yard Special Branch in charge of protecting public figures) describes in his autobiography an incident surrounding Dom Manual’s sudden death. Brust mentions an incident which probably occurred in 1931. An intruder was discovered in the grounds of Fulwell Park who turned out to be a prominent member of an international secret terrorist group called the “Carbonária”. On 1 February 1908 King Carlos I of Portugal and his eldest son and heir Luis Filipe were assassinated by Alfredo Luís da Costa and Manuel Buíça in a conspiracy involving the Carbonária. By 1910 the Carbonária had some 40,000 members and was instrumental in the Republican 5 October 1910 revolution. Until today, the identity of the intruder remains a mystery. [photo: WikiCommons]
After the death of King John VI of Portugal in 1826, the Braganzas were divided into three main family-branches: (1) the Brazilian branch, with its chief King John VI’s eldest son, Emperor Pedro I of Brazil, (2) the Constitutional branch, with its chief Emperor Pedro I’s eldest daughter, Queen Maria II of Portugal, and (3) the Miguelist branch, with its chief King John VI’s second eldest son and seventh child, King Miguel I of Portugal. The Brazilian branch became the House of Orléans-Braganza. This branch is divided by the Vassouras branch, led by Prince Luiz of Orléans-Braganza, and the Petrópolis branch, led by Prince Pedro Carlos of Orléans-Braganza. The Constitutional branch of Maria II became extinct with the death of King Manuel II (who’s reign ended with the dissolution of the monarchy in revolution on 5 October 1910) in 1932.

It is generally accepted that the claim to the Portuguese Crown, and therefore to the chieftainship of the House of Braganza, passed to Duarte Pio, Duke of Braganza. Another well-known pretender is Pedro, Duke of Loulé. In this article I will show that the Duke of Loulé has an equally serious claim to the defunct throne of Portugal – both from a historical as a legal perspective – as the Duke of Braganza. Apart from the Portuguese parliament, there is currently no authority to decide who’s claim is the most credible. I think it is interesting to see how the two main claims are derived and which facts are relevant to decide which claim is preferred. My conclusion is that this is a matter of opinion, because both claims are quite transparent and none of the two claims can be dismissed on grounds that cannot be challenged.

Family Relations

The genealogical relations among the heirs to the throne of Portugal since the late 18th century are shown below:

I. King John VI (1767–1826), King of the United Kingdom of Portugal, Brazil and the Algarves from 1816 to 1825. Children:

  1. Emperor Pedro I (fourth child), follow IIa.
  2. King Miguel I (seventh child) , follow IIb.
  3. Queen Maria (ninth child), follow IIc.

A

IIa. King Pedro I (1798–1834), nicknamed “the Liberator”, was the founder and first ruler of the Empire of Brazil, as King Dom Pedro IV between 1822-1831, he reigned briefly over Portugal in 1826. Daughter:

IIIa. Queen Maria II (1819–1853), reigned as Queen of Portugal from 1826 to 1828, and again from 1834 to 1853. Maria II’s throne was usurped by Dom Miguel (see below, IIb), Pedro I’s younger brother. Sons:

IVa.1 King Pedro V (1837–1861), nicknamed “the Hopeful” (Portuguese: o Esperançoso), was King of Portugal from 1853 to 1861.

IVa.2 King Luís I (1838–1889), King of Portugal from 1861 to 1889. Son of Luís I:

Va. King Carlos I (1863–1908), known as “the Diplomat” (also known as “the Martyr”; Portuguese: o Diplomata and Portuguese: o Martirizado), King of Portugal 1889-1908 (murdered). Son:

VIa. King Manuel II (1889–1932), “the Patriot” (Portuguese: “o Patriota”) or “the Unfortunate” (Portuguese: “o Desventurado”), was the last King of Portugal, ascending the throne after the assassination of his father, King Carlos I, and his elder brother, Luís Filipe, the Prince Royal. Before ascending the throne he held the title of Duke of Beja. His reign ended with the dissolution of the monarchy in the 5 October 1910 revolution. Manuel lived the rest of his life in exile in Twickenham, South London.

B

IIb. Miguel I (1802 – 1866), “the Absolutist” (Portuguese: “o Absolutista”) or “the Traditionalist” (Portuguese: “o Tradicionalista”), usurper of the Portuguese throne, regent of Portugal from February 1828 and self-proclaimed king from July 1828 to 1834, though his royal title was not  recognized everywhere.

Miguel went with the rest of the royal family to Brazil in 1807, escaping from Napoleon’s armies, but returned with them in 1821 to Portugal. He was then—and remained—much under the influence of his Spanish mother, Queen Carlota Joaquina. On his return, King John VI accepted the liberal constitution of 1821, but Queen Carlota refused to take the oath. When in 1823 the French overthrew the radical regime in Spain, Miguel led a military rebellion that dissolved the discredited Cortes in Portugal. His father promised an amended constitution but appointed liberal ministers, and on April 30, 1824, Miguel again led a military rebellion. When it faltered, his father reluctantly exiled him to Vienna (June 1824). When John VI died (March 10, 1826), his elder son, Pedro I, emperor of Brazil, became Pedro IV of Portugal but constitutionally abdicated in favour of his daughter Maria, then seven years of age. She was to marry Miguel, who was to accept Pedro’s constitutional Charter. Miguel swore to accept the Charter, returned to Portugal, and assumed the regency (Feb. 22, 1828); however, he promptly fell under his mother’s influence, settled old scores, and had himself proclaimed king (July 7, 1828). He was so recognized by the Holy See, Spain, the United States, and Russia but not by the liberal monarchies. In 1830 the Duke of Wellington’s government in Britain was about to recognize him, but it fell. In 1831 Peter abdicated in Brazil, returned to Europe, and initiated a civil war. Michael lost Porto, but the struggle was protracted; he was finally forced by foreign intervention to leave Lisbon and surrendered at Évora-Monte on May 26, 1834 (source: Encyclopaedia Britannica).

In December 1834 the Portuguese Cortes banished Miguel and all his descendants from Portugal upon pain of immediate death. Article 98 of the Constitution of 1838 excluded the collateral Miguelist line from the throne. The 1834 ban remained in effect until revoked in May 1950. Son:

IIIb. Miguel Januário de Bragança (1853 – 1927), Miguelist claimant to the throne of Portugal from 1866 to 1920. He used the title Duke of Braganza. Son:

IVb. Duarte Nuno, Duke of Braganza (1907 – 1976). In 1952, when the Portuguese Laws of Banishment were revoked, Dom Duarte Nuno moved his family to Portugal, where he spent the rest of his life attempting, without success, to restore the Brigantine assets to his family and reestablish the image of the Miguelist Braganzas in Portuguese society. Dom Duarte Nuno’s overall aim was to restore the Portuguese monarchy under the Braganzas. Son:

Vb. Duarte Pio, Duke of Braganza (1945 -), claimant to the defunct Portuguese throne, President of the King Manuel II Foundation, married Dona Isabel Inês de Castro Curvello de Herédia.

C

IIc. Infanta Ana de Jesus Maria of Braganza (1806 – 1857), married Royal Ajuda Palace, 5 December 1827 Dom Nuno José Severo de Mendonça Rolim de Moura Barreto (1804-1875), then Marquis of Loulé and Count de Vale de Reis. As leader of the Historic Party, he was three times appointed President of the Council of Ministers and Prime Minister (1856 – 1859; 1860 – 1865 and 1869 – 1870). Dom Nuno was created 1st Duke of Loulé  by Luís I of Portugal in 1862. He was awarded the Grand Cordon in the Order of Leopold (1857) and was Member of the Military Order of Christ and of the Order of the Tower and Sword. Son:

IIIc. Pedro José Agostinho de Mendoça Rolim de Moura Barreto, 2nd Duke of Loulé, 10th Count of Vale de Reis (1830–1909), married Constança Maria de Figueiredo Cabral da Câmara. Daughter:

IVc. Ana de Jesus Maria de Mendoça (1854 – 1922), married João Maria dos Enfermos da Câmara Berquó (1859 – 1934). Daughter:

Vc. Constança Maria da Conceição Berquó de Mendoça (1889 – 1967), condessa de Vale de Reis (11th, 29 May 1932), married Dom Pedro José de Basto Feyo Folque (1888 – 1969), succeeded to the dukedom of Loulé on 20 April 1947. Son:

VIc. Alberto Nuno Carlos Rita Folque de Mendoça Rolim de Moura Barreto (1923 – 2003), 5th Duke of Loulé married Dona Maria Augusta Amelia de Moraes Cardoso de Menezes. Son:

VIIc. Pedro José Folque de Mendoça Rolim de Moura Barreto, 6th Duke of Loulé (1958 -), claimant to the defunct Portuguese throne, entrepreneur, married Margarida Vaz Pinto and lives in Portugal.

Note: The Government of the Order of Saint Sebastian, called the Arrow is entrusted to the Dom Filipe, Count of Rio Grande, brother of VIIc. This Order was revived in January 1994, by Dom Filipe, with express authorization of his father, Dom Alberto, Duke of Loulé (VIc.).

Conclusions

Dom Pedro José de Mendonça Bragança e Bourbon, was born in Lisbon, Portugal March 9, 1958. He is the son of Dom Nuno Alberto and Maria Augusta Dona Amelia, 5th Duke of Loulé. Dom Pedro completed his studies in Portugal, after having completed training in business management in the United States. He was professionally active in the oil sector in Brazil, Angola and Nigeria and is now engaged as a successful entrepreneur in Portugal.

The Duke of Braganza and the Duke of Loulé share a common ancestor: King John VI of Portugal. Both dukes claim the headship of the defunct throne of Portugal. When validating these claims, it should be taken into account that the direct ancestor of Dom Duarte Pio, Miguel I, usurped Maria II’s throne and that the legitimate Portuguese government banished Miguel I and all his descendants (like Dom Duarte Pio) from Portugal, as well as excluded the collateral Miguelist line from the throne. These facts do not contribute to the legitimacy of the claim of the Duke de Braganza.

However, a formal statement by the Portuguese government in 2006 (see below, sources), makes it clear that the Duke of Braganza is seen as the legitimate claimant to the defunct Portuguese throne. The Duke of Braganza even has the right to grant titles and to name new members of the royal dynastic orders of chivalry, although titles granted after 1905 are not recognized by the Republic. The Duke and Duchess of Braganza are entitled to use their royal title and style in Portugal based on the law that permits those who had a noble status prior to 1905 to use their styles and titles in Portugal. Only the Duke and Duchess of Braganza and their eldest son, the Duke of Beira, have the right to use the style of HRH. Very interesting and an act of social recognition is the fact that the document states that it has long been the custom of the Portuguese Republic to invite the head of the House of Braganza to participate in solemn ceremonies and to represent the country abroad as a living symbol of Portuguese history.

The Duke of Loulé descends from King John VI in the female line and from a younger child than the Duke of Braganza. I think these facts might not entirely fit into the traditional lines of succession, but they do not hinder a legitimate claim regarding the defunct throne of Portugal, especially taking into account that the line of succession in the past already included females. The mentioned statement by the Portuguese government does not exclude or dismiss the Duke of Loulé’s claims. The statement only concerns the legitimacy of the claim of mr. Rosario Poidimani, an Italian businessman.

Modern diploma of the Order of São Sebastião. By a letter dated the 19th July 1999, the Duke of Loulé (Dom Alberto) confirmed in writing the authorisation granted years before, to his son, Dom Filipe, so that he would deal with its registration and ensured the activity of the “Old Order of São Sebastião, said of the Frecha”, expressly declaring “that him (Dom Filipe) and his successors shall be the perpetual Administrators, as Representatives of a Branch of Our House which is in the first line of Succession to the Crown of Portugal”. This document clarifies any doubt about the legitimacy of the “Fons Honorum” underlying the restoration of the Order (See James J. Algrant y Cañete, “El Fons Honorum”, in the magazine “Revista Ibero-Americana de Heráldica”, Colégio Heráldico de España y de las Indias, Madrid, nº 3, January 2004, pages 65-78).

Articles 87 and 88 of the Constitutional Charter of 1826 stated that the throne passed first to the descendants of Queen Maria II, and stipulated that only in the case this line was extinct, the throne succeeded to her collateral heirs. Article 89 of the same Charter stipulated that “no foreigner may succeed to the crown of the kingdom of Portugal”. Maria II had living descendants in 1932, but none of these had the Portuguese nationality. These facts and circumstances make the matter even more complex. The so-called Dover and Paris Pacts (two supposed agreements regarding the line of succession between the Miguelist and the Braganza-Saxe-Coburg branches of Portugal’s royal family in exile) cannot be seen as authoritative in this matter. The existence of both Pacts is a subject of debate (to say the least), since no signed versions have ever been published and Princess Aldegundes de Bragança later announced that the parties had not reached an agreement and that the whole story was just a propaganda stunt with the intention to validate the unsuccessful Miguelist claims. Between 1920 and 1928, Adelgundes acted as the regent-in-absentia on behalf of her nephew and Miguelist claimant to the Portuguese throne, Duarte Nuno (IVb), who was twelve years old when his father Miguel (IIIb) renounced his claim to the throne in favour of his son. These circumstances only contribute to the idea that the last King of Portugal did not want the Miguelist line to succeed him.

Preference for one of the two claims remains either a matter of opinion or a political choice, since there are no absolute legal criteria from which a judgment can be derived. My personal opinion is that both claims are transparent and are based on a reasonably arguable position, but in the end it is for the Portuguese people to decide who has the best claim. Since only about 25% of the Portuguese population wants to return to a monarchy, it is unlikely that the matter will ever be resolved. This is odd because a monarch would create political stability in the country, similar to, for example, The Netherlands. Due to its constant, senseless political quarrels, Portugal saw its credit rating downgraded to junk status. I am certain that this would not have happened when Portugal were a monarchy. In the times of the monarchy, Portugal was an economic super power. Its current status is far from that.

Sources

Legal Opinion: the status of adult adoption in the context of the German nobility

Introduction
On a German website, focussing on selling titles of nobility, it is stated that German nobility can be obtained by adoption:

Members of Germany’s historical nobility up to the Royal Rank offer the rare opportunity to acquire a genuine title of nobility. If you were not born into the noble class, you can acquire a highly prestigious German nobility title by adoption, marriage or, for your firm or product, licensing by a legal title-holder.

In this article, I will answer the question to what extend this statement is correct.

Legal framework

German law

Article 109 of the Weimar Constitution, inter alia, abolished all privileges based on birth or status and provided that marks of nobility were to be valid only as part of a surname. Pursuant to Article 123(1) of the present Constitutional Law,  that provision remains applicable today. It is common ground that under German law a surname which includes a title of nobility continues to vary according to the sex of the bearer if that was the case for the former title of nobility.

Adolf II. Fürst zu Schaumburg-Lippe (23 February 1883 – 26 March 1936) was the last ruler of the Principality of Schaumburg-Lippe. He was succeeded as head of the House of Schaumburg-Lippe by his brother Wolrad (1887-1962), who was succeeded by Philipp-Ernst (1928-2003). The current head of the dynasty is Alexander (1958).

Any head of a dynasty who did not reign prior to 1918 but had held a specific title as heir to one of Germany’s former thrones (such as, Erbprinz (“hereditary prince”)). In a similar way the heirs to a title of nobility inherited via primogeniture, and their wives—were permitted to incorporate those titles into elements of the personal surname. These specific titles were not heritable (1). With the death of the last person styled “Kronprinz” (=crown prince) before 1918, the title Kronprinz ceased to exist as a part of German surnames. Traditional titles exclusively used for unmarried noblewomen by birth, such as Freiin, were also transformed into parts of the legal surname. The could be changed after marriage or upon request (2). All other former titles and designations of Nobility are currently inherited as part of the surname, and protected by German family law as such.

Sections 1297 to 1921 of the German Civil Code (Bürgerliches Gesetzbuch) (BGB) contain rules regarding family law. The competent court of first instance is the District Court (Amtsgericht) (section 23a, Law on the System of Judicature) (GVG). Court hearings are generally held in private (section 170, GVG). Remedies in family cases go to the regional Courts of Appeal (Oberlandesgericht) (section 119 I a and b, GVG).

Adoption of children is possible if it serves the best interests of the child and it is anticipated that a parent-child relationship will arise between the adoptive parent and the child (section 1741 I, BGB). With adoption, the child becomes the legal child of the adoptive parents/person/couple who receives parental custody by law. The legal relationship to the previous parents, to former siblings, grandparents, great-grandparents or cousins ends. In addition, the child receives the surname of the adoptive family.

Austrian Law (3)

In 1919 the Law on the abolition of the nobility, (Gesetz vom 3. April 1919 über die Aufhebung des Adels, der weltlichen Ritter- und Damenorden und gewisser Titel und Würden (Adelsaufhebungsgesetz), which has constitutional status in accordance with Article 149(1) of the Federal Constitutional Law (Bundes-Verfassungsgesetz) abolished the nobility, secular orders of knighthood and certain other titles and dignities, and prohibited the bearing of the corresponding styles. Under Paragraph 1 of the implementing provisions adopted by the competent ministers (Vollzugsanweisung des Staatsamtes für Inneres und Unterricht und des Staatsamtes für Justiz, im Einvernehmen mit den beteiligten Staatsämtern vom 18. April 1919, über die Aufhebung des Adels und gewisser Titel und Würden), the abolition applies to all Austrian citizens, regardless of where the relevant privileges were acquired. Paragraph 2 indicates that the prohibition covers, inter alia, the right to bear the particle ‘von’ as part of the name and the right to bear any title of noble rank, such as ‘Ritter’ (knight), ‘Freiherr’ (baron), ‘Graf’ (count), ‘Fürst’ (prince), ‘Herzog’ (duke) or other corresponding indications of status, whether Austrian or foreign. Under Paragraph 5, various penalties may be imposed for contravening the prohibition.

This prohibition has been applied by the courts with certain adjustments where those bearing a German surname including a former German mark of nobility were concerned. Where a German citizen bore such a surname and acquired Austrian nationality, that name could not be reinterpreted as including a title of nobility and could not be changed. Moreover, an Austrian woman acquiring such a name by virtue of marriage to a German citizen was entitled to bear the name in its entirety; however, she must bear exactly the same surname as her husband, and not a feminine form of the name.

Under Paragraph 9(1) of the Federal Law on international private law (Bundesgesetz vom 15. Juni 1978 über das internationale Privatrecht (IPR-Gesetz), the personal status of natural persons is determined by the law of their nationality. Under Paragraph 13(1), the name which they bear is regulated by their personal status, regardless of the basis on which the name was acquired. Paragraph 26 provides that conditions governing adoption are regulated by the personal status of each adopting party and of the child, while its ‘effects’ are regulated, when there is a single adopting party, by the personal status of that party.

The ‘effects’ thus regulated extend only to those in family law and not to the determination of the adopted child’s name (which remains governed by Paragraph 13(1)). According to a report drawn up by the International Commission on Civil Status (ICCS) in March 2000 (‘Loi applicable à la détermination du nom’) at which time Austria was a member of that organisation, in response to the question ‘What is the law applicable to the determination of the name of an adopted child?’, Austria stated: ‘The (change of) name of an adopted child is one of the effects of the adoption and is determined according to the national law of the adopting party or parties. When the adopting parties are spouses of different nationality, their common national law, failing which their previous common national law if it is still the national law of either spouse, applies. Formerly, the applicable law was that of the habitual residence‘.

Under Paragraph 183(1), read in conjunction with Paragraph 182(2), of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch) a child adopted by a single person takes that person’s surname if the legal ties with the parent of the other sex have been dissolved.

Until a court case in 2018 decided otherwise, the noble prefix “von” was tolerated in Austria when having the meaning of originating from a certain geographical location (thus not designating a noble title). The non-noble designation “van” is still tolerated.

Court cases (4)

Sayn-Wittgenstein

Graf Christian Ludwig Casimir zu Sayn-Wittgenstein-Berleburg-Ludwigsburg) (13 July 1725, Berleburg – 6 May 1797, Rheda) (WikiMedia Commons)

Ms Ilonka Sayn-Wittgenstein, an Austrian citizen resident in Germany, following her adoption, in 1991, by Mr Lothar Fürst von Sayn-Wittgenstein, a German citizen, acquired the surname of the latter as her name at birth, with his title of nobility, in the form “Fürstin von Sayn-Wittgenstein” (“Princess of Sayn-Wittgenstein”). The Austrian authorities proceeded to enter this new name in the Austrian register of civil status. They also renewed and issued a passport and certificates of nationality in the name of Ilonka Fürstin von Sayn-Wittgenstein.

In 2003, the Austrian Constitutional Court held, in a similar case, that the 1919 Law on the abolition of the nobility – which is of constitutional status and implements the principle of equal treatment – precluded an Austrian citizen from acquiring a surname which includes a title of nobility by means of adoption by a German national who is permitted to bear that title as a constituent element of his name. Prompted by that judgment, considering that the birth certificate issued to Ms Ilonka Fürstin von Sayn-Wittgenstein following adoption was incorrect, the civil registrar of Vienna corrected the entry of the surname in the register of civil status to “Sayn-Wittgenstein”. The correction was based on Paragraph 15(1) of the Law on civil status, that requires a registration to be rectified if it was incorrect at the time the entry was made.

Mrs. Sayn-Wittgenstein challenged this decision before the Austrian Supreme Administrative Court, arguing that the non-recognition of the effects of her adoption on her name constituted an obstacle to her right to freedom of movement – since this forces her to use different names in two Member States – and interference with her right to respect for family life – on account of the amendment of her name which she had nevertheless used continuously for 15 years.

The European Court of Justice (ECJ) considered that the justification relied upon by the Austrian Government, i.e. the application of the 1919 Law on the abolition of the nobility and more generally the constitutional principle of equality of all Austrian citizens, should be interpreted as reliance on public policy. After having recalled the margin of discretion of the Austrian authorities and the fact that the Union respects the national identities of its Member States, it considers that it is not disproportionate for a Member State to seek to attain the objective of protecting the principle of equal treatment by prohibiting any acquisition, possession or use, by its nationals, of titles of nobility or noble elements which may create the impression that the bearer of the name is holder of such a rank.

Consequently, the ECJ replies that the refusal by the authorities of a Member State to recognise all the elements of the surname of one of its nationals, as determined in another Member State at the time of his or her adoption as an adult by a national of the latter, where that surname includes a title of nobility which is not permitted in the first Member State under its constitutional law, does not unjustifiably undermine the freedom to move and reside enjoyed by citizens of the Union.

Bogendorff von Wolffersdorff

Mr. Nabiel Peter Bogendorff von Wolffersdorff changed his name while living in the United Kingdom to Peter Mark Emanuel Graf von Wolffersdorff Freiherr von Bogendorff. He has dual German-UK citizenship. Mr Bogendorff von Wolffersdorff lived in the United Kingdom between 2001 and 2005. He changed his name under United Kingdom rules and became a citizen of both countries. On his return to Germany, Mr. Bogendorff von Wolffersdorff requested the registry office of the city of Karlsruhe to register his new name, which would allow him to update his German identity papers. The Karlsruhe registry refused.

Mr Bogendorff von Wolffersdorff stated that this has created problems with identity documents, including getting German officials to recognise his passport. He also has trouble convincing people that his young daughter is related to him. Her (United Kingdom) name is Larissa Xenia Graefin von Wolffersdorff Freiin von Bogendorff. Mr Bogendorff von Wolffersdorff took his case to a district court in the town of Karlsruhe, which asked the ECJ for advice.

On 2 June 2016 the ECJ decided that Germany was not bound to recognise the name Bogendorff von Wolffersdorff when he also holds the nationality of another Member State in which he has acquired that name which he has chosen freely and which contains a number of tokens of nobility, which are not accepted by the law of the first Member State, provided that it is established, which it is for the referring court to ascertain, that a refusal of recognition is, in that context, justified on public policy grounds, in that it is appropriate and necessary to ensure compliance with the principle that all citizens of that Member State are equal before the law.

Case study: Schaumburg-Lippe

677px-Coat_of_Arms_of_the_Principality_of_Schaumburg-Lippe.svg
Coat of Arms of the Principality of Schaumburg-Lippe (WikiMedia Commons). Artwork by Glasshouse using elements by Sodacan – Own work.

Schaumburg-Lippe was a county in Germany until 1807 when it became a principality. From 1871 until 1918 it was a state within the German Empire. The current heir apparent of the House of Schaumburg-Lippe (according to the traditional rules that were applied before 1919) is Ernst-August Alexander Wilhelm Bernhard Krafft Heinrich Donatus Prinz zu Schaumburg-Lippe (1994), the son of Ernst August Alexander Christian Viktor Hubert Prinz zu Schaumburg-Lippe (1958), head of the dynasty.

The House of Schaumburg-Lippe is an interesting subject to study in this respect because of the adult adoption by Prince Waldemar of Schaumburg-Lippe, a socialite. Officially Prince Waldemar is called Waldemar Stephan Ferdinand Wolrad Friedrich Karl Prinz zu Schaumburg-Lippe (born 19 December 1940 in Glienicke, Germany). He is a son of Christian Prinz zu Schaumburg-Lippe and Prinzessin Feodora of Denmark, and the great-grandson of King Frederick VIII of Denmark. Prince Waldemar’s fourth marriage was with Gertraud-Antonia Wagner-Schöppl, a politician, on 20 September 2008 in Schönbrunn Palace, Vienna. He adopted the adult son of his wife: Mag. iur. Dr. iur, Mario-Max Schaumburg-Lippe, MAS, LLM, a well-known actor and journalist.

Mario-Max Schaumburg-Lippe was born on 23 December 1977 as Mario-Max Wagner, in Salzburg, Austria. His father was Dr. Helmut Wagner, MD. Mario-Max Wagner was adopted in Austria in 2001 by Helga Claire Lee Roderbourg (1911-2005), widow of Max Prinz zu Schaumburg-Lippe (nephew of the mentioned Prince Waldemar) and daughter of the German industrialist Dr. Carl Roderbourg. In the process, he changed his surname from Wagner to Schaumburg-Lippe. At the occasion of the mentioned marriage of his mother, Gertraud-Antonia Schöppl to Prince Waldemar in 2008, Mario-Max was adopted again, this time by Prince Waldemar. Due to his (German) adoption by Prince Waldemar he obtained the surname Prinz zu Schaumburg-Lippe and the German nationality. Mario-Max legally changed his given names to Mario-Max Prince Antonius Adolf Albert Eduard Oliver Gertraud Edith Helga Magdalena.

Under German law adults can be adopted (§ 1770 BGB), but the German law considers this to be a so called “weak adoption”, which means that the relationship is limited between the adopting parents and the adoptee (thereby excluding other familial ties of the adopting parents). This also implies that in general the German citizenship is not passed on to the adult adoptee. According to § 1772 BGB, however, adults can also be adopted according to the rules of the adoption of a minor (full adoption) with the same legal effects. This way, the family name is also inherited. According to his birth certificate, shown on his personal internet page, this type of adoption has taken place in the case of Mario-Max Prinz zu Schaumburg-Lippe.

I disagree with the negative attitude towards adoptees who have been adopted (being adult or minor) by members of the German nobility when the intensions of such an adoption are genuine. I am convinced that this is the case in the Schaumburg-Lippe situation. During the legal proceedings, this is also tested by the judge who decides whether or not the adoption should be ratified. I therefore do not have any problem with the change of name from Wagner to Prinz zu Schaumburg-Lippe.

Whether an adopted child can legally be treated as descendent depends upon the law in the particular jurisdiction. In America e.g., the States have different rules and statutes. Some allow a person to inherit from both his/her biological parents and the adoptive parents, while others preclude an adoptee from inheriting from his/her biological parents and allow them only to inherit from his/her adoptive parents. Under Florida law e.g., adopted children are considered descendants for the purposes of Probate. Applying these remarks to the Schaumburg-Lippe case, it would be incorrect for Mario-Max Prinz zu Schaumburg-Lippe (who often resides in America) to e.g. designate Feodora of Denmark as his grandmother or to state that he descends from King Frederik VIII of Denmark, since in everyday language, as well in a legal context, a descendent is a blood relative in the direct line of descent (Black’s Law Dictionary):

One who Is descended from another; a person who proceeds from the body of another, such as a child, grandchild, etc., to the remotest degree. The terms the opposite of “ascendant,” (?. v.). Descendants is a good term of description in a will, and includes all who proceed from the body of the person named; as grandchildren and great-grandchildren. Amb. 397; 2 Hil. Real. Prop. 242.

In the context of family law, an adoptee can be treated in the same way as a descendent, but this is a legal construct and therefore not identical to actually being a descendent. Mario-Max Prinz zu Schaumburg-Lippe is an heir to his adoptive father, but not a descendent. There is no biological relation between the adoptee and the dynasty of Schaumburg-Lippe and the genealogical chart that is presented on the website of Mario-Max Prinz zu Schaumburg-Lippe is misleading. This observation is without prejudice to Mario-Max Prinz zu Schaumburg-Lippe’s achievements in life.

Genealogical chart showing that Mario-Max Prinz zu Schaumburg-Lippe is a descendent of King Frederik VIII.of Denmark. This impression is false. The addition “of Germany” is misleading, since Mario-Max nor the House Schaumburg-Lippe have been rulers over Germany. “from Germany” would be the correct description. Source: https://schaumburglippe.org

Conclusions

Traditionally (especially before 1918), adult adoption has been used as a way to save a noble family from extinction.

Genealogisches Handbuch des Adels, Fürstliche Häuser Band XIX, C.A. Starke Verlag, Limburg a.d. Lahn 2011. Example of an adoption with the consent of the German nobiliary law association, obtained after the adoption agreement was ratified by the court and the change of name had been processed in the public registers.

In such cases, in order to be accepted as belonging to the nobility, the adoption had to be followed by a Royal consent; after 1918 replaced by a declaration of no-objection (“adelsrechtliche Nichtbeanstandung der Führung ihres adeligen Namens”) from the German nobiliary law association (“der Deutsche Adelsrechtsausschuß“). Adoptees who obtain(ed) the mentioned consent are treated as founding father of a new family (Heiner Baron v. Hoyningen gen. Huene, Der Deutsche Adelsrechtsausschuss (ARA), pp. 1,4,5,6 ):

Als auch nach 1945 die DAG und mit ihr die Nachfolgeorganisation der APA zu existieren aufhörte, bildete sich nach wenigen Jahren im Jahre 1949 – noch vor der Gründung der Vereinigung der Deut- schen Adelsverbände (VdDA) – der Ausschuss für adelsrechtliche Fragen. Initiator war Hans Friedrich v. Ehrenkrook, der bereits seit 1925 zusammen mit früheren Mitgliedern des aufgelösten Heroldsamtes dem APA angehört hatte und der bis zu seinem Tode 1968 stellvertretender Präsident des ARA war. Er war somit Garant für die erstaunlich kontinuierliche Arbeit in adelsrechtlichen Fragen in einem langen Zeitraum, seit der Auflösung des Heroldsamts bis in die jüngste Vergangenheit, in einer Zeit, die durch ständige Veränderungen geprägt war. Der Ausschuss, der seit 1977 nicht mehr “Ausschuss für adels- rechtliche Fragen der deutschen Adelsverbände” sondern “Deutscher Adelsrechtsausschuß” heißt, wur- de und wird gebildet von Vertretern der einzelnen Deutschen Adelsverbände bzw. historischer deut- scher Landschaften, für die kein Adelsverband besteht.

(…)

Für alle diese Fälle, in denen der Adelsname nach dem staatlichen bürgerlichen Recht zurecht geführt wird, ohne indessen eine Zugehörigkeit zum historischen Adel zu begründen, hält sich der ARA als Rechtsnachfolger seiner Vorgänger, der von 1918 bis 1945 bestehenden Spruchorganisationen des deutschen Adels, für befugt, in besonderen Fällen die Führung eines Adelszeichens, die nach früherem Adelsrecht unzulässig gewesen wäre, adelsrechtlich nicht zu beanstanden mit der Folge, dass der Betroffene als zum Adel gehörend angesehen wird, in das Genealogische Handbuch des Adels aufgenommen und Mitglied eines Adelsverbandes werden kann. Hierbei handelt es sich aber um seltene Ausnahmen bei Vorliegen besonderer Umstände. Denn es kann nicht Aufgabe des ARA sein, Neuadel zu schaffen. Es muß sich um Fälle handeln, in denen angenommen werden kann, dass der Monarch früher eine Nobilitierung vorgenommen hätte.

(…)

Seit 1949 hat die II. Kammer (bis incl. 2016) 105 Entscheidungen getroffen, davon 49 positiv und 56 negativ. Die Probanden, deren Namensführung adelsrechtlich nichtbeanstandet worden sind, begründen adelsrechtlich eine neue adelige Familie, die im GHdA einen eigenen Artikel erhält.

Without the mentioned consent, adult adoption by a German noble person of a non-noble adoptee as such does not create German nobility in a historical sense. Therefore, these adoptees are not listed in e.g. the Genealogisches Handbuch des Adels that contains the genealogies of these families. The position of Mario-Max Prinz zu Schaumburg-Lippe could change when he would obtain a consent from the head of one of the former reigning German dynasties. 


Notes

(1) Several heirs filed suits against this regulation. On 11 March 1966 the supreme Federal Administrative Court of Germany ruled, based on Art. 109 of the Weimar Constitution and an earlier decision of the Reichsgericht, that German law on names does not recognise hereditary surname variants for heads of families distinct from the legal surname borne by other family members. (cf., N.N. Primogenitur – Nur eine Silbe (“primogeniture – only a syllable”), in: Der Spiegel, No. 15 (1966), p. 61.

(2) Das Bürgerliche Gesetzbuch mit besonderer Berücksichtigung der Rechtsprechung des Reichsgerichts und des Bundesgerichtshofes; Kommentare (=Großkommentare der Praxis (in German); “Civil Law Code with Special Attention to Jurisdiction of the Reichsgericht and the Bundesgerichtshof: Commentaries”), edited by members of the Bundesgerichthof, vol. 1: §§ 1–240, compiled by Kurt Herbert Johannsen, 12th, newly revised edition, Berlin and New York: de Gruyter, 1982, § 12 (p. 54). ISBN 3-11-008973-4.

(3) According to the Advocate General Sharpston, delivered on 14 October 2010, in case C‑208/09 (Ilonka Sayn-Wittgenstein) of the European Courts of Human Rights.

(4) ECJ, Case C-208/09 Ilonka Sayn-Wittgenstein vs. Landeshauptmann von Wien, judgment of 22 December 2010, summery of the judgment, provided by the court.

The legitimacy of issuing European-style titles of nobility by traditional leaders in modern Africa

The role of traditional leaders in modern Africa is complex and has many aspects. It is discussed by advocates of “traditionalists” and of “modernists.” The traditionalists regard Africa’s traditional chiefs and elders as the true representatives of their people, accessible, respected, and legitimate, and therefore essential to politics on the continent. “Modernists,” by contrast, view traditional authority as a gerontocratic, chauvinistic, authoritarian and increasingly irrelevant form of rule that is antithetical to democracy (C. Logan, working paper 93, Afro Barometer).

Togbe Osei III, 25th Togbe of Godenu, in a gathering with other traditional rulers (picture: royalgodenu.org)

In modern Africa the “traditionalists” represent the more popular view. An Afrobarometer survey of 36 African countries in 2014-15 found that 61% of people trusted local chiefs. Faith in ancient power structures has increased as people have grown more wary of modern and democratic institutions and politicians (The Economist, 19 December 2017); which is more or less the same as in West Europe. One reason is because the state in Africa is often absent. It is far more effective to ask a chief than a far-ocourt to rule in a case. Because the chief is local, his ruling may be better understood and accepted. Another reason may be that traditional leaders are seen as less corrupt, even though they tend to follow unwritten customs rather than written laws (The Economist, 19 December 2017).

These unwritten rules and customs, also called “customary law”, are defined as meaning the customs and practices traditionally observed among the indigenous African people of South Africa, which form part of the culture of those people (Bekker Seymour’s Customary Law in Southern Africa (1989) 11-13). Some African countries have definitions, whereas in other countries only descriptions can be applied and thus rules are more complex to derive. Allott says about the definitions: “Whether these definitions of customary law contribute anything by way of precision or facilitation of choice of laws is an open question.” (Allott New Essays in African Law 1970, 157).

Modern African Legal Systems

Most African legal systems consist of a complex combination of customary law, religious laws, received law (such as common law or civil law) and state legislation. In particular customary law can be hard to define in a set of rules as we know in continental Europe. The complexity becomes apparent when the application of different sources of law leads to different outcomes in specific legal cases. In Bhe v The Magistrate, Khayelitsha; Shibi v Sithole; South African Human Rights Commission v President of the Republic of South Africa, for example, the Constitutional Court declared customary rule of male primogeniture, which allows only an oldest male descendant or relative to succeed to the estate of a Black person, unconstitutional and invalid. It also declared unconstitutional and invalid, section 23(7) of the Black Administration Act which unfairly discriminates against women and others with regard to the administration and distribution of black deceased estates. The court imposed, as an interim measure, the provisions of the Intestate Succession Act on estates previously dealt with under the Black Administration Act. It also made special provision for estates relating to polygynous marriages and that estates previously administered in terms of the Black Administration Act must be administered by the Master of the High Court in terms of the Administration of Estates Act.. (J.C. Bekker and D.S. Koyana, The judicial and legislative reform of the customary law of succession, De Jure, 45 Volume 3 2012 pp 568).

In this context some traditional African leaders have started to issue ancient European titles of nobility to westerners in order to help their people fund health care and education. The question arises to what extend such titles can be regarded as legitimate, both from a historic and legal perspective. I will discuss two cases in this respect.

Case study: Ghana

On the internet, examples of European-style titles of nobility can be found that are issued by Togbe Osei III. of Godenu. For example: “The hereditary noble title of “Baron of Todome” has been conferred on November 13, 2016 by H.R.H. Togbe Osei III., by the Grace of God The Dufia of Gbi-Godenu in the Volta Region, Ghana, The Lion of Godenu, officially recognized, protected and guaranteed by the Constitution of the Republic of Ghana.“. The passage fees are used to contribute to important local social projects.

Ghana has a mixed system of English common law and customary law. Article 11(3) of the 1992 Constitution defines customary law as the rules of law which by custom are applicable to particular communities. Customary law is now a question of law to be determined by the courts. In Muslim communities, the reference to customary law is a reference to Islamic law or the Sharia. Customary law is not codified. Under Sections 42 and 43 of the Ghana Chieftaincy Act, 1971 (Act 370), as amended by Chieftaincy (Amendment) Decree, 1973(NRCD 166), Chieftaincy (Amendment) (No. 2) Decree, 1973 (NRCD 226), Chieftaincy (Amendment) Law, 1982 (PNDCL25) and Chieftaincy (Amendment) Law, 1993 (PNDCL 307), the National House of Chiefs and/or a Regional House of Chiefs, can draft their declaration of customary law for approval and publication as a legislative instrument by the President after consultation with the Chief Justice (V. Essien, Researching Ghanaian Law, Hauser Global Law School Program, New York University School of Law, 2005).

I have not discovered in Ghana’s common law nor in Ghana’s customary law (as determined by the courts) a rule or basis that makes it possible to issue European-style titles of nobility. In particular, Ghana’s Constitution makes no mention of such a practice. Therefore, it seems to be the case that this practice has no legal basis. From a historical perspective, the mentioned practice has never occurred. Does this mean that such titles are not legitimate? More specifically, the question is: are there any objections regarding the issuance of western titles by Togbe Osei III and what is their value? I already addressed this question in my article about the former King Kigeli of Rwanda. That case involved a former head of state. In the Ghana-case it concernes a ruling traditional chief, as legally embedded in Ghana’s constitution.

It could be hard to embed a local nobility in Ghana’s regions, since there is no legal basis for it. Nobility can even be seen as unlawful. The President of the National House of Chiefs, the Agbogbomefia of the Ho Asogli State, Togbe Afede XIV, recently said one of the objectives of his administration would be to restore the nobility and reverence of the chieftaincy institution to enable it to effectively play its roles in society as expected (Ghanaweb, 2 February 2017, Do not meddle in politics. Togbe Afede tells chiefs). Issuing European-style titles may currently be the only safe way to bestow honours, since Ghana law is neutral about them in the same way as e.g. Italian law.

Like other major Western noble titles, baron is sometimes used to render certain titles in non-Western languages with their own traditions (e.g. the Indian equivalent Rao and the Székely equivalent primor, historically used among a specific population of Hungarians in Transsylvania). From a historic perspective these titles are unrelated and thus hard to compare. They are considered comparable in relative rank. Even in Western Europe the term Baron can hardly be compared among the different European countries or even among different regions within a country. Therefore, when using the title in public, the source of the title should be mentioned; although the word is the same, internationally it has a different meaning.

In my opinion, European-style titles and honours might be unconventional, but can be accepted. There is no authority to forbid the Togbe (literally meaning “grandfather”, the Ewe (1) reference for a chief) to style Europeans and Americans in a European manner. I think the Togbe simply wants to make his titles more attractive to westerners, which is understandable. Issuing original Ghanese-style titles to westerners would be unconventional  as well and could even be unlawful. On the other hand, at least one example exists that contradicts the latter suggestion. Therefore, it remains an open question to what extend it is legitimate to issue European titles. I tend to see them as legitimate, but only when used in proper circumstances as described below.

Advice

  • African leaders might not have enough insight regarding the intentions of westerners that want to be involved in charity in Africa in exchange a title of some kind. Frankly, these intentions are not important as long as the titles are bestowed upon worthy individuals and the passage fee is used for the good. However, not taking into account the character and behaviour of the recipients might lead to situations in which the issuer is disgraced. Low passage fees will contribute to attracting gold diggers. More importantly, it also designates low value.
  • Today’s internet facilities attract numerous title hunters that make ridiculous appearances on the internet, thus jeopardising the reputation of the honour- or award-issuer. Such persons also decrease the value of the titles that are awarded. It is not easy to spot such title and medal hunters from an African perspective. Therefore, African leaders, that choose to issue titles to fund their regional charities are advised to carefully select a western intermediary of high reputation to represent them in such matters. Appointing the first person who comes knocking on the door is unwise.
  • The use of the title should not lead to confusion and irritation with European title holders. Therefore, on social media (e.g. the “Awards” section on LinkedIn) mentioning the title should e.g. read as: Baron of Todome (13 November 2016), title issued by the Togbe Osei III, 25th Togbe of Godenu. Extravagant use of the title should be avoided: less is more.
  • I have a problem with use of the terms “King” and “Royal”, without any further explanation. In the context of antiquity and contemporary indigenous peoples, the title can refer to tribal kingship. Germanic kingship is cognate with Indo-European traditions of tribal rulership (c.f. Indic rājan, Gothic reiks, and Old Irish , etc.), but it differs from the modern use of the term “King” (head of a state). It needs to be explained that the terms “King” and “Royal” refer to tribal kingship. I suggest that this explanation is put on the website of the House of Godenu.
  • I also have a problem with creating all kinds of “Royal” institutions, without any real substance. Some representatives of African Houses have e.g. created non-accredited Royal Universities, Honorary Guards, a Hall of Fame, a Royal Society, a Royal Warrant Holder Society, a Royal Commission of Nobility and Royalty, a Royal College of Technology Foundation, a Royal General Register of All Arms and Bearings and other institutions that try to mimic those of reigning European monarchs. All these institutions are presented in a manner that immediately shows a lack of good taste. In my opinion, these institutions are – to put it in a diplomatic manner – not appropriate and therefore should be avoided. African chiefs have their own identity and should not try to become European because of possible commercial gain. The result of these creations without any substance will be that ancient historic African families are again disgraced by westerners. They will be regarded as fake and ridiculous by the public. An example of a genuine and modest presentation, with a focus on history, research and good intentions, is the website of the House of Rwanda. I suggest this website is used as an example.

Comments and different points of view regarding this article are most welcome.

References

(1) Ewe (Èʋe or Èʋegbe [èβeɡ͡be]) is a Niger–Congo language spoken in southeastern Ghana by approximately 6–7 million people as either the first or second language.

Protection against illegitimate use of titles of nobility

Petronilla Queen of Aragon (ruling 1137 until 1164) and Ramon Berenguer IV, Count of Barcelona depicted later in a 16th-century painting (Photo: Wikimedia Commons).

In Italy a person may call him/herself by any title of nobility desired. Titles of nobility are not forbidden, nor recognized by the Italian state. The Italian judicial system does not forbid the use of titles of nobility, but remains totally indifferent regarding its use. This means that Italian law does not attribute any value (neither value nor disvalue) to noble titles (see e.g. a recent ruling by the Italian court of Reggio Emilia (Tribunale di Reggio Emilia) of 12 December 2017, translated here). In other countries, like e.g. The Netherlands, it is forbidden to use a national title of nobility without being entitled to it. The use of foreign titles is not prohibited. Does this mean that in Italy a person can use/issue any title he likes? And does this mean that in The Netherlands any foreign title of nobility can be used freely? In this article I will show that this is not the case and that the legal protection of titles in various legal systems can be very effectively pursued.

Impersonating

With some exceptions, in most jurisdictions it is not unlawful to impersonate someone per se. In numerous countries however, it is a criminal offence to dishonestly make a false representation with the intention of making a gain or causing a loss. Very often a false representation has the intention of causing some kind of tangible gain or loss. Gain or loss can be loss of money or property. Loss to reputation can have incalculable damage in this regard. It is very difficult to impersonate someone without then going on to commit another offence (either civil or criminal). Those who communicate with a impersonator, and share personal or confidential information, may have very serious damages claims.

One of the most common claims against an impersonator is passing off. In commerce, an example is where an individual misrepresents himself as a representative of a company, or his services to be those of company. In more personal cases, the result is the same, for example when someone falsely suggests that such a high-profile person has endorsed him. Impersonation takes place if any part of a person’s identity is used in a way that does not fit with the characteristics of the actual person concerned. Depending on the legal system, impersonation can result in a criminal offense and/or in civil liability.

Case study: impersonating and its consequences

Diploma, issued by mr Stefan Cernetic, bestowing a false knightly order.

Publicly impersonating being a descendant from a monarch and belonging to a specific royal family, thus not having a legitimate historical claim to a so-called fount of honor, in my opinion, can lead to both criminal and civil liability. One example would be when someone pays a fee to a illusionary royal descendant in order to obtain a noble title. Another example would be when a reputation is damaged if it turns out that a title of nobility has no historical background, such as in the case of Mrs Pamala Anderson, a famous actress and animal rights campaigner. Mrs Anderson was “officially” declared Countess de Gigli at a ceremony in Genoa (Italy) in 2015. The deed was carried out by the self-declared Prince of Montenegro, a man called Stefan Cernetic. The deed was a horrible act of abusing the trust of a vulnerable lady. Cernetic has been charged with impersonation by the Italian police in 2017.  Mr Cernetic is not in any way related to Nikola II Petrović-Njegoš, Crown Prince of Montenegro (born 7 July 1944), who is the legitimate Head of the House of Petrović-Njegoš, which reigned over Montenegro from 1696 to 1766 and again from 1782 to 1918. A third example of impersonation would be to use a title that is connected to an existing family of noble descent, e.g. Count Bismarck, thus giving the impression that the impersonator is part of that noble family.

Mr Cernetic with the Archibishop of Monaco, His Eminence the Cardinal Bernard Barsi (source: STEFAN CERNETIC/FACEBOOK)

It should be remembered that historical fact-finding is achieved through scientific reasoning and solid evidence, not via “approval” from a self-appointed “authority” or by somebody who happens to be descended from royalty. Violating these conditions and subsequently issue noble titles may lead to an impersonation. The recipient of the title is deceived. That impersonators gain social acceptance on the internet or edit entries on Wikipedia does not make them real. The recipient believes that the title has a historical background, but in fact this background is fabricated. In contrast, the mentioned criminal court ruling of the Italian court of Reggio Emilia (Tribunale di Reggio Emilia) of 12 December 2017 shows that Prince Thorbjorn Paternò Castello (see below) is not impersonating recipients of his honorific accessories, because the prince has a legitimate claim regarding such honors. This does not mean that such a claim cannot be challenged, only that the claim is reasonable (meaning: not fabricated or false), like in the Cernetic-case.

Breach of Intellectual Property rights

In most countries it is also a civil and criminal offense to falsely claim that someone is the author of a literary, dramatic, musical or artistic work. It might seem odd to think of title of nobility as being included. Copyright can be seen as a law that gives a person ownership over the things created by that person (the author). As defined by the Berne Convention, the moral rights of the author include: the right to claim authorship of the work (1); the right to object to any distortion, mutilation or modification of the work (2) and the right to object to any derogatory action that may damage the authors honor or reputation (3). It is not always easy to establish whether a work falls within the definition of artistic works. Therefore, whether a title of nobility cannot be solved by detailed definitions of artistic works without creating the opposing problem that such a definition is too narrow. Cited in the 2011 ruling by the Supreme Court of the United Kingdom in Lucas films vs. Ainsworth, Judge Mann believes that in many cases it is only the artistic purpose of the artist which makes an otherwise banal object an “artistic work”. I believe that this factor for determining whether a work is an artistic work is crucial. It avoids judges becoming the arbiter of “what is an artistic work” and instead places the onus on the intentions of the artist. A title of nobility can be intended as a artistic work when its specific elements, which alone do not need to attract copyright, together form a ‘unity’ with an own, original character (compare Court of Appeal of Amsterdam 27 June 2002). The latter meaning that it carries the personal character of the maker.

Case study: IP-law protection of legitimate titles

Prince Thorbjorn Paternò Castello, descendent of an ancient Sicilian noble family and claimant to the dynastic rights of the former kingdom of Aragon, signing a nobility diploma.

To demonstrate originality, the question should be answered whether the author has made use of the creative space to produce an intellectual creation that can be considered the author’s own (Van Gompel 2014, p. 138). This is the case with titles created by Prince Thorbjorn Paternò Castello, in his capacity as claimant to the dynastic rights of the ancient Royal House of Valencia and Aragon. With the creation of the title, the prince becomes the author of the artistic work, consisting of a written description of the historic background, a description and a color image of the coat of arms that is connected to the title, a chosen and unique combination of words that are designated as a noble title (e.g. Count of Vall de Almonacid of the Sovereign House of Valencia) and can be used as an honorific accessory to a person’s name/identity, and the subsequent courtesy by the relevant community of addressing the person by his noble title. It can be said that the creation of such a title is intended to be an artistic work by both the issuer and the recipient, since it is intended to be a unique honorific accessory to the recipient’s name, based on the personal historical background of the issuer. The title has commercial value because the recipient often pays a fee for the transfer, that is used to fund charity projects of the prince. Therefore, the title is protected by IP-law.

Coat of arms beloning to a title of nobility, issued by prince Thorbjorn.

Such IP-rights are transferred in the diploma from the prince to the recipient with the right to transmit them perpetually from male to male in order of primogeniture, and, in the absence of heirs, to the firstborn of the closest line, and, in the absence of males, una tantum to females. Both male and female collaterals have the title of “Noble of the”, as is the custom, and in any case, the title of “Don” and “Donna” (letter of patent issued to John Wayne Rinkle, 28 September 2010).

Conclusions

In countries where there does not exist a direct protection against illegitimate issuance or use of titles of nobility, the law still offers a serious degree of protection against misuse. Historical legitimacy is required. Therefore, only under this condition, issuers and recipients of noble titles can claim legal protection as described above.

Literature
Van Gompel, S. (2014). Creativity, autonomy and personal touch: A critical appraisal of the CJEU’s originality test for copyright. In M. van Eechoud (Ed.), The work of authorship (pp. 95-143). Amsterdam: Amsterdam University Press.

Koningin Juliana, een onderschatte vorstin

Een opinie-artikeltje met deze naam wilde ik al langer schrijven. Toevallig zag ik, voordat ik er aan begon, dat er al een boek was met dezelfde titel: Juliana, een onderschatte vorstin, door journalist Bert van Nieuwenhuizen. De auteur heeft veel artikelen op zijn naam staan, die de Nederlandse monarchie als onderwerp hebben.

In zijn boek legt Van Nieuwenhuizen de nadruk op de rol die Juliana heeft gespeeld bij de wederopbouw en het sociale gezicht van Nederland. Koningin Juliana heeft vaak gezegd dat zij graag maatschappelijk werkster was geworden als zij niet tot vorstin was geroepen. De biografie van Van Nieuwenhuizen is vooral interessant omdat hij deze mede heeft gebaseerd op biografieen van politici met wie Koningin Juliana nauw heeft samengewerkt, zoals Willem Drees en Louis Beel.

Anderen zijn kritischer over de koningin en noemen haar een goede actrice: ‘Juliana hoefde alleen maar in te stappen.’ en ‘Juliana is van alle vorsten die we hebben gehad de beste actrice geweest.’ (M.G.Schenk en M.van Herk, Juliana, vorstin naast de rode loper). Naar mijn mening is dit onjuist. Makkelijk instappen en aan boord blijven was er niet bij. Denk aan het moeilijke huwelijk met Prins Bernhard, de uitdagingen van de wederopbouw, de Greet Hofmans-affaire en het huwelijk van haar dochter Beatrix, waar een deel van Nederland (achteraf volkomen misplaatst) zo veel moeite mee had. Koningin Juliana heeft het allemaal weten te doorstaan.

Een prima voorbeeld van politieke behendigheid, is de rol die Koningin Juliana speelde bij de totstandkoming van het kabinet Den Uyl. Uit recent onderzoek van politicoloog Wilfred Scholten blijkt dat de koningin deze ultra linkse politicus in het zadel heeft geholpen. Koningin Juliana was namelijk de initiatiefnemer voor de zogenaamde “inbraak van Burger”. Met deze term wordt de succesvolle poging van PvdA-informateur Jaap Burger in 1973 aangeduid om de anti-revolutionaire prominenten Boersma en De Gaay Fortman te winnen voor een progressief kabinet-Den Uyl. Daarmee legde Burger de basis voor het beruchte kabinet-Den Uyl. Hiervoor was geen parlementaire meerderheid. Burger had kans gezien Boersma en De Gaay Fortman zover te krijgen dat zij wilden toetreden tot dit kabinet. De ARP-fractie, die van niks wist, stond perplex. Boersma kreeg als ‘verrader’ een stortvloed aan verwijten over zich heen. Het beeld van de simpele ziel aan de zijde van de flashy Prins Bernhard is dus onjuist. Net als het beeld van Den Uyl overigens (maar dan omgekeerd). Terwijl Nederland de jaren zeventig in de krant las dat ‘Joop en Liesbeth’ met de caravan naar het zuiden waren afgereisd, zagen mijn ouders en ik het echtpaar in een duur hotel in Zweden de meest exclusieve gerechten naar binnen werken.

Een wederdienst van de van huis uit koningsgezinde Den Uyl was op zijn plaats. Onderzoeker Anet Bleich ontdekte dat Den Uyl in 1976 van de ’Commissie van drie’ (1) sterke aanwijzingen ontving dat Prins Bernhard zowel van vliegtuigbouwer Lockheed als van concurrent Northrop steekpenningen had aangenomen. Den Uyl heeft die informatie echter achter gehouden. Hij was bang voor een koningscrisis en natuurlijk ook voor het feit dat zijn eigen positie daarin meegezogen zou worden. Hoewel Den Uyl met zijn torenhoge belastingen ons land op de rand van de afgrond heeft gebracht, moet ik hem nageven dat hij ten aanzien van de monarchie de juiste keuzes heeft gemaakt. De politiek van Den Uyl was een “afschrikwekkend voorbeeld van socialistisch beleid” (premier Rutte op BNR Radio, 25 augustus 2012), maar Den Uyl heeft (uit dankbaarheid) de monarchie wel gered.

Bij mij roept dit alles de vraag op waarom Koningin Juliana zo graag Den Uyl aan het roer wilde. Ik kan er geen eenduidige verklaring voor vinden. Ik denk dat Koningin Juliana oprecht geloofde in de linkse ideeën van Den Uyl. Zij vond het mooi om Koningin te zijn maar hechtte ook veel waarde aan een sociale samenleving. Uiteindelijk ben ik van mening dat Koningin Juliana onder de meest moeilijke omstandigheden haar rol als staatshoofd op een prima wijze invulling heeft gegeven.

Geraadpleegde Literatuur

  • W. Scholten, Mooie Barend. Biografie van B.W. Biesheuvel 1920-2001 (Uitgeverij Bert Bakker; Amsterdam 2012)
  • A. Bleich, Joop den Uyl 1919-1987. Dromer en doordouwer (Uitgeverij Balans; Amsterdam 2008)
  • B. van Nieuwenhuizen, Juliana, een onderschatte vorstin (Uitgeverij Oorsprong; Deventer 2010)

Noot

(1) Voorzitter van de Commissie van Drie was mr. A.M Donner, rechter bij het Europees Hof van Justitie. De overige leden waren dr. M.W. Holtrop (voormalig president van De Nederlandsche Bank) en de president van de Algemene Rekenkamer, drs. H. Peschar.

Trivia

  • Holtrop (1902 – 1988) was op 30 aug. 1926 gehuwd met Josina Juchter (1901-1965). Uit dit huwelijk werden twee zoons en een dochter geboren.
  • PvdA-man-Peschar was in 1965 een van de vier leden van de PvdA-fractie die tegen de Toestemmingswet voor het huwelijk van prinses Beatrix en Claus van Amsberg stemden. Peschar had echter minder moeite met het accepteren van een koninklijke onderscheiding. Hij was Ridder in de Orde van de Nederlandse Leeuw en Grootofficier in de Orde van Oranje-Nassau.
  • De prinsen-titel voor Pieter van Vollenhoven stuitte destijds op politieke bezwaren. Op 25 maart 1966 schrijft minister-president (14 april 1965 tot 22 november 1966) Jo Cals ‘Allen tegen titel Prins der Nederlanden,’ behalve minister van Defensie De Jong, ‘die overigens geen uitgesproken voorkeur heeft.’ Verder zijn de bewindslieden tegen de verheffing van Pieter in de adelstand. De Hoge Raad van Adel was voor verheffing. Koningin Juliana was ook tegen: ‘Kwalificatie Prins der Nederlanden te hoog’, wel mag Pieter ‘lid van ons Huis’ worden. De koningin wijst een compromisvoorstel af om Pieter dan toch ‘Graaf van Buren’ te laten worden: ‘Dat is een on-Hollandse oplossing.’ (bron: Nationaal Archief). Enige decennia later werd daar gelukkig anders over gedacht bij de verlening van titels aan zijn kinderen.

Papal Nobility in the United States

This article (San Francisco Call, Volume 102, Number 121, 29 September 1907) has been transcribed from the original scan. I have added comments and biographical notes to provide more information about the titled persons. The article gives insight in the social background of the new nobility.

The Papal Nobility of America

Ida Ryan

Mrs. THOMAS FORTUNE RYAN has been made a countess by Pope Pius X. This announcement comes close on the heels of the report that her husband is to be made a prince of the church. It has been whispered in high church circles in New York and in Rome that for the flrst time in years the red hat of a cardinal would be bestowed upon -a man of the world – and an American. While this report may be groundless, the fact has come to light that during the last few years what may possibly be termed a papal nobility has been created in the United States. Theoretically Pope Plus IX was a friend of the United States and an admirer of the church in this country, but not until the reign of Leo XIII and of the present pontiff has there been any acknowledgment of the high standing of the church in this country other than the creation of two cardinals in a hundred years. “Nobility lies not in heritage alone, but in the deeds of the living generations.” was one of the epigrams of Leo XIII. Taking this for his maxim, he placed the ancient titles of Rome upon men and women whose lives distinguished them among the good doers of the generation. Pius X has followed his policy. During the four years of his reign he has created an unprecedented number of nobles in recognition of both scientific achievement and – philanthropic work. While Pope Pius has accepted the precedent set by Leo XIII, which accorded to Cardinal Gibbons the distinction of being “the American cardinal,” and has intimated that during the life of his eminence no other prelate will be given the red hat, he has in every other way possible elevated the standing of the American church.

Thomas Fortune Ryan, 1913 painting by Joaquín Sorolla

Thomas Fortune Ryan (1851–1928) was an American tobacco, insurance and transportation magnate. Although he lived in New York City for much of his adult career, Ryan was perhaps the greatest benefactor of the Roman Catholic Diocese of Richmond in the decades before the Great Depression. In addition to paying for schools, hospitals and other charitable works, Ryan’s donations paid for the construction of the Cathedral of the Sacred Heart in Richmond, Virginia. Ryan also made significant donations to Catholic institutions in New York City and Washington, D.C. (source: Wikipedia). As her husband’s wealth grew exponentially, Ida Barry Ryan began making large benefactions to Catholic charitable organizations in New York, Virginia, and across the country. The Ryans funded churches, convents and hospitals in Manhattan, including the architecturally important St. Jean Baptiste Catholic Church on the Upper East Side. In Washington, D.C., they paid for a gymnasium and dormitory at the Jesuit-founded Georgetown University. Pope Pius X recognized the couple’s generosity by naming him to the papal nobility and giving Ida Ryan the cross Pro Ecclesia et Pontifice for her work in the Diocese. The couple’s lifetime contributions to Catholic charities around the country totalled $20 million.

Ida Mary Barry Ryan (1854 Baltimore, Baltimore City, Maryland – 1917 (aged 62) Suffern, Rockland County, New York). Although there was a place for her in the crypt of Richmond’s Sacred Heart Cathedral, she was ultimately interred in the cemetery at St. Andrews-on-Hudson Seminary in Hyde Park, New York (now The Culinary Institute of America). Photo by R.C.

The raising of Mrs. Ryan (1854-1917) to the Catholic nobility was expected by many prelates in this country during Pops Leo’s administration. Decorations and privileges were accorded to her, but the rank of countess was held in the country only by Mils Annie Leary. Mrs. Ryan, the builder of churches and iiospitals and schools, the story of whose remarkable life was recently told in the Herald, never has sough any recognition for her deeds. While it Is known that she gives away $1,000,000 a year for charitable purposes, little Is known of her philanthropy. She has built more churches  and schools in the United States than any other person in the entire world. The number of these gifts alone exceeds 30 and there is hardly a Catholic church or Institution In the eastern states or in the southwestern section to which she has not lent material aid. In placing the title of “Countess Ida” upon Mrs. Ryan Pope Pius is said to have remarked that it was not alone for the cathedrals and churches and public institutions with which Mrs. Ryan has enriched the church in this country that she has been made a member of the Vatican nobility, but more especially because of the daily Christian life she leads. Few religious orders require from their nuns more of abstinence and labor and prayer than Mrs. Ryan gives every day of her life. She begins her morning by attending mass, and from that time until she retires at night her mind and her hands are ever busy in some good work. She is a lover of working men and women, and her munificence has done much to relieve the burdens of hundreds In New York and In the far west, where she has materially aided destitute consumptives. She gave to Virginia Its cathedral at Richmond, which cost $ 1.000.000.

Annie Leary

Annie Leary (b. 1832 – d. 1919), philanthropist, was born in New York City, daughter of James and Catherine Leary, who were also born in New York. She is descended on her mother’s side from The Netherlands, while her paternal grandfather came from Ireland to the United States during his boyhood.

The only other papal countess la the United States is the Countess Annie Leary, whose title was ctven by Pope Leo XIII, and expired at the pontiffs death. One of the first acts of Pope Pius’ administration waa to renew the Countess Leary’s title, with that of from other temporary nobility. Countess Leary received the title because of her extensive work for the “Welfare of working girls and emigrants. Years ago, when she very young girl, before the emigrants bureau was as well organized as it is now and prior to the time when State street was lined with homes for emigrant girls, terrible stories of the snares and temptations which were laid In the way of young girls coming as strangers to this land reached the ears of Miss Leery. She was horrified at such conditions and determined to try to find a remedy for the evil. She possessed an ample fortune and she resolved to share it with her less fortunate sisters. She gave freely to the support and management of the Irish emigrants’ home, at No. 7 State street, and also aided the German and Italian homes around Castle Garden, where a housed that steady stream of friendless girls coming to these shores to seek true honest living. But even those homes where the girls were taken on their arrival here did not solve the problem. Places of employment were found for them, and yet too often they went out Into a world they so little understood, unlearned of the ways of the world, unfitted to cope with the conditions friendless girl has to meet. Many ol those girls were of simple faith and trusting natures, and the stories which reached the ears of the clergy and those interestet in the question necessitated some action.

Countess Leary learned some of these facts from her own servant girls. She became Interested, made Investigations and then resolved upen a line of action. She was the mind and often the means of establishing working girls’ clubs and homes, there being a regular network of them throughout, the east and lower west sides. She has devoted most of her life to this work, giving her personal attention and encouragement to these institutions. She goes, among the girls and hears their stories, their little problems and their great troubles. Any woman’s heart oppressed finds eympathy and encouragement from Countess Leary. Her heart has a b!g place in it for all wage earning women.

Countess Leary is a stanch American and, realizing that the future of the state lies In the children of today, she spends much of her time and her wealth for the boys and girls of the poor. She has established boys’ clubs and gymnasiums and girls’, clubs and reading rooms and sewing clubs and playrooms for the youth of the other half. At Christmas and New Year’s and Thanksgiving and national feast days the countess arranges celebrations In the various Institutions she is interested in. Christmas eve of every year she assembles several hundred little tots and gives to each of them a warm, pretty cap and coat, besides candies and a book of some kind. “The Man Without a Country” Is one of her favorite books for boys, and she has given many copies of it. In addition to her charities among children and working women, Countess Leary has lent much aid to hospital work for the poor. She Is a patron’ of all the children’s hospitals and goes often with flowers and dainty foods and pleasing toys to visit  the unfortunate young folk. Countess Leary presented to Bellevue-hospital the fine chapel which was built there several years ago. Another pretty charity of hers is to send a beautiful quantity of pure, rich cream for the ward patients at various hospitals on hot days.

Annie Leary (1832 – 1919) was the daughter of the hatter James Leary who was a childhood friend of William Backhouse Astor Sr., then, later bought many beaver pelts from William’s father John Jacob Astor and operated a shop in the basement of the original Astor House Hotel across from New York City Hall. She had three brothers Arthur, Daniel, and George who made a fortune in shipping during the U.S. Civil War. Arthur was a bachelor who Annie accompanied to society functions in New York City as well as Newport, Rhode Island. It has been suggested that James friendship with the Astors is what led to Arthur and in turn Annie’s being the only Catholics to be included on Caroline Astor’s “The 400”. When Arthur died she inherited his fortune as well as his social prominence and recognition via the aforementioned 400 list. Coming into large sums of money Annie Leary soon became an ardent philanthropist. Among her notable bequests was the Chapel of the Blessed Sacrament at Bellevue Hospital (dedicated 1897 – razed 1938 in order to make way for a Bellevue administration building which encompasses a new chapel where the original stained glass panels including nine made in Munich remain today) the first Catholic chapel at Bellevue. It was dedicated in memory of her late brother Arthur (source: Wikipedia).

Archbishop Farley

To Archbishop Farley, whom Pope Pius greatly esteems, the pontiff has given a court of monsignor, which lends to any diocesan ceremony a dignity of splender which is found nowhere outside Rome. At the consecration of the cathedral, which occurs, it is planned, soon after the work is entirely finished on the Lady chapel, there will be, in addition to the archbishop and his coadjutor, Bishop Cusick, the archbishop’s seven diocesan bishops, 25 purple robed monsignori and seven lay nobles around the episcopal throne.

John Murphy Farley (April 20, 1842 – September 17, 1918) was an Irish-born prelate of the Roman Catholic Church. He served as Archbishop of New York from 1902 until his death in 1918, and created a cardinal in 1911 (source: Wikipedia).

Joseph Florimond Loubat

Loubat was born in New York City to Alphonse Loubat and Susan Gaillard Loubat. His father was a French inventor and businessman who was engaged in transport infrastructure development in New York City and Paris.

The only papal duke the United States has ever claimed is the duke de Loubat., the last son of the aristocratic family of that name. The title was conferred by Pope Leo in recognition of the duke de Loubat’s generous support of Catholic and nonsectarian schools and colleges. Duke de Loubat lent his aid to every Catholic college in this country and to many in France. He gave a million dollar endowment to Columbia university at the time when is was in financial straits. He also added much to Columbia library. He was made duke in 1898.  He decides his time between New York and Paris and swell known in France as a man of great learning and philanthropy. Is a graduate of the University of Paris.

Joseph Florimond Loubat (January 21, 1831 – March 1, 1927) was a French and American bibliophile, antiquarian, sportsman, and philanthropist. He was ennobled as Duc de Loubat by Pope Leo XIII in 1893 (source: Wikipedia).

Loubat was a philanthropist who gave in 1898 Columbia University a gift of $1.1 million in property, and later gave Columbia money to fund the Loubat Prize. He also endowed chairs at several universities across Europe and the United States, including Columbia. He donated a statue of Pope Leo XIII to The Catholic University of America in 1891.

Loubat contributed monetary funds towards the founding of the Musée d’Ethnographie du Trocadéro and Musée de l’Homme in Paris. Loubat also donated to the American Museum of Natural History a large collection of Mexican archaeological artifacts assembled on his behalf by Edward Seler in the State of Oaxaca, Mexico; a series of casts of the original Cotzumalhuapa sculptures from the ruins of Santa Lucía Cotzumalguapa, Guatemala, kept in the Ethnological Museum of Berlin; a photographic copy of the “Codex Legislatif,” an ancient Aztec codex, preserved in the Library of the Chamber of Deputies, Paris; and a facsimile of the “Codex Vaticanus, No. 3773,” an ancient Aztec book preserved in the Vatican Library, Rome (source: Wikipedia).

 John D. Crimmins

Crimmins had entered his father’s construction contracting business at the age of 20. He took over the firm in 1873 and by now the boy with a public school education was a director in at least a dozen corporations or banks. His company was responsible for constructing the Croton Aqueduct, multiple gas facilities, most of the elevated railroads and would construct the early subway system—what the New-York Tribune called the “underground trolley system.”

John D. Crimmins has recently made a count by Pope Pius X. Mr Crimmins is a trustee of St. Patrick’s cathedral and is a member of nearly all the boards of importance in archbishop’s Farley’s diocese. The scarlet cloak of the Knight of St. Gregory was given to Mr. Crimmins as a token of the pope’s of his work for the church in New York. Count Crimmin’s most distinguished gift in the diocese is the splendid monastery at Hunts point, where he established the Dominican Sisters of Perpetual Adoration. These nuns devote their lives to prayer, and some one of their order kneels every hour of the night and day before the chapel alter in the monastery.

Born in New York City to Irish immigrant parents, John Daniel Crimmins attended the College of St. Francis Xavier (now Xavier High School). After graduating he took a job at his father’s contracting firm, eventually taking over the business. His firm employed some 12,000 workers. It built more than 400 buildings in New York City and most of the elevated railways. He was also involved in local politics, serving as New York City Parks Commissioner. Crimmins was one of the few Catholic millionaires of his time and he was an active benefactor of the Archdiocese of New York. Among the building projects he aided was that of St. Joseph’s Seminary, Yonkers. Crimmins was named a Knight Commander of the Order of St. Gregory the Great and a Papal Count. He was active in Irish-American organizations, particularly the American-Irish Historical Society. He wrote two books on Irish-American history (source: patheos.com). Pictures of his house van be found here.

Martin  Maloney

Marquis Maloney, beter known to the political and financial world as Martin Maloney, received his title about six years ago at the request of cardinal Satolli, whom the marquis met when the cardinal was papal delegate for this country. A strong friendship developed here between the prince of the church and the American millionaire. Some time after Cardinal Satolli was called back to Rome, Marquis Maloney went to Italy on a visit and the friendship was renewed. The American when taken to the dilapidated ruins of St. John’s cathedral asked how much it would take to reconstruct the ancient structure.

“How much money?” asked Cardinal Satolli. “Why, who ever thought about that? It would take at least $ 50.000 and that amount might be spent to better advantage.”.

“It might, but it won’t” remarked Martin Maloney, and the very next day saw work begun on the cathedral. It is said that twice $50.000 was spent on the work. While this gift is accredited as the cause of the bestowal of the noble title on Marin Maloney, it is by no means his largest gift to the church.

He has just given to to Pennsylvania a home for aged men and women, the building alone of which will cost $ 150.000. This home will be dedicated to Martin Maloney’s father and mother, who, when they emigrated to this country from Ireland many years ago, made their first humble home in Scranton. It was here that Marquis Maloney spent his boyhood.

At the time of the expulsion of the nuns in France four years ago Marquis Maloney went abroad with a definite purpose in mind. He purchased many of the small convents with the nuns had been ordered to vacate and held them as his private property in order that the religious might not be disturbed. Among the larger convents he purchased was that of the Little Sisters of the Assumption in Paris, where Marquis Maloney’s two daughters, Margaret and Katherine, were educated. After the death of the older daughter, Margaret, Marquis Maloney built near his summer house at Spring Lake N.J. one of the handsomest churches in this country, which he dedicated to his daughter and called St. Margaret’s.

Maloney Hall is the home of the Busch School of Business and Economics at The Catholic University of America. It is located on the southeast corner of Catholic University’s main campus. Maloney Hall was named for Martin Maloney, a Philadelphia philanthropist and papal marquis (a layman who has received a high title of nobility from the reigning pope), who gave $120,000 for the main building and $100,000 for the auditorium. The building originally housed the Martin Maloney Chemical Laboratory, the laboratory where the chemical weapon lewisite was first invented by Julius Nieuwland and later Winford Lee Lewis, with the help of CUA and Army researchers, developed it into a now-banned chemical weapon. It served as a laboratory for Armyresearchers developing chemical munitions for World War I (source: Wikipedia).

John Goode

Count John Goode of Brooklyn and Dr. Thomas Addis Emmet of New York aro the only two Americans who, have been titled by Rome in recognition of signal scientific achievements. Count Goede, well known as an inventor, was given his title after evolvIng a machine for the making of ropes. Until this time all the rope made was twisted by hand, and for this labor young boys and girls were employed, the wages paid being too small for the employment of men. Count Goode at that time was a very rich man, having amassed a fortune in the cordage business. He used to stand and watch the boys and girls at the hard labor of rope twisting, and determined to evolve a method for lightening this work. The machine he invented resulted in revolutionizing the cordage enterprise In the world. Count Goude Is a very devoted Catholic and has given much of his wealth to the Brooklyn diocese. He enriched Brooklyn by the church of St. John.

Thomas Addis Emmet

Thomas Addis Emmet is the latest member of the papal knighthood. He was vested, with the scarlet cape and sword In Archbishop Farley’s residence last spring and will appear in his regalia at the formal celebration In the cathedral this fall. Dr Emmet is a proud descendant of Robert Emmet. He was Knighted in recognition of his medical research.

Charles Astor Bristed

Charles Astor Bristed, grandson of William Astor has for a ‘number of years been conspicuous at all the state ceremonies at St. Patrlck’s cathedral, where. with his cape and sword he has, according to the privileges of his title, knelt in the sanctuary to participate in the ‘ceremonies. Sir Charles Brlsted was knighted for his widespread philanthropies and his strict adherence to his church.

William J. Onahan

Onahan quickly became prominent in that Chicago’s civil affairs. He was a member of the city school board, president of the public library, city collector for six terms, city comptroller and jury commissioner. He was the chief architect of the American Catholic Congress at Baltimore in 1889.  This gathering of 1,500 Catholic lay people from all over the United States discussed and planned for the future of the Church in America. Photo: Journal of the Illinois State Historical Society. 

William J. Onahan of Chicago who was made a knight of St. Gregory by Pope Leo, has enjoyed the actual privileges of his title probably more than any other member of the nobility in this country. He spends a great  deal of his time abroad and is a frequent visitor at the Vatican. Accordingly to his rank, he can I enter the Vatican at any time without seeking permission for asking an audience. He was in the Vatican at the time of the death of Pope Leo and was in the very room where the late pontiff’s body was carried to be laid in state. According to ancient customs, the gates were locked at that time and Sir William Onahan was cloistered in the Vatican the remainder of the night.

After ,the death of his mother the family struggled along in Liverpool for a while. Then the voice that had called them from Ireland called again. The little home was again broken up and the Onahan family set sail for America. The voyage took six weeks in a sailing vessel and they reached the harbor of New York on St. Patrick’s day. There was a small boyish figure in the prow of the ship, and two little girls by his side all looking eagerly to the land in which their lot was to be cast. Bands were playing, men were marching, the green flag was flying everywhere. It was a happy omen to the young Irish lad whose staunch Americanism was to be all the hardier for the Celtic root from which it sprang.

Arrived in New York he immediately got a job in a lawyer’s office, sweeping and dusting and doing the usual office chores for the munificent sum of $1.00 per month and his board and clothes. Once in later life when he was testifying in a lawsuit the judge said to him: Mr. Onahan, from your answers you must have studied law.” No. your honor,” he replied, ^Hhe only law I ever studied was what I picked up in the sweepings of a lawyer’s office in New York when I was a lad.” But he had the legal mind (source: Journal of the Illinois State Historical Society (1908-1984) Vol. 11, No. 4 (Jan., 1919), pp. 636-653).

John Creighton

Count John Andrew Creighton (October 15, 1831 – February 7, 1907)

Count John Creighton of Omaha. Neb., who died, last month, was ono of the best known members of the papal nobility. He donated to Nebraska the Creighton university, the largest university In that state, and also gave several hospitals and a number of churches to Omaha.

Count John Andrew Creighton (October 15, 1831 – February 7, 1907) was a pioneer businessman and philanthropist in Omaha, Nebraska who founded Creighton University. The younger brother of Edward Creighton, John was responsible for a variety of institutions throughout the city of Omaha, and was ennobled by Pope Leo XIII in recognition of his contributions to Creighton University, the Catholic community in Omaha, and the city of Omaha in general. From its founding in 1878 to the time of his death in 1907 Creighton was said to have donated at least $2,000,000 to Creighton University. In 1888 Creighton financed the Creighton University Observatory, and in 1898 he gave money towards a medical school, which was named in his honor. In 1904 he created the Edward Creighton Institute.Creighton is also credited with establishing Omaha’s St. Joseph’s Hospital and bringing the first monastery of the Poor Clares in the country to the city. He paid for almost the entire cost of St. John’s Parish at Creighton, where the cornerstone was laid in 1888. Today Creighton University in Omaha is viewed as being named in honor of the entire Creighton family, particularly John and his brother Edward, as well as their wives Sara and Emily.He was named a Knight of St. Gregory on January 15, 1895 by Pope Leo XIII, and in 1898 was titled a Count by the same. In 1900 Creighton received the Laetare Medal from the University of Notre DameOmaha’s John A. Creighton Boulevard was named after him immediately after his death in 1907, as is the existent “John A. Creighton University Professorship” at Creighton University (source: Wikipedia).

Adrian Iselin

John Singer Sargent, Eleanora O’Donnell Iselin (Mrs. Adrian Iselin) 1888 oil on canvas.

Adrin Iselin Is amons the prominent New York men who have received titles from Rome. Mr. Iselin was vested with the cape and sword of the Knights of St. Gregory soon after the beginning of the present administration. One of Sir Adrian Iselin’s most valuable gifts to New York is the $150,000 chapel at New Rochells. This was presented to the diocese after the crest of St. Gregory was bestowed upon him.

Adrian Georg Iselin (January 17, 1818 – March 28, 1905) was a New York financier who invested in and developed real estate, railroads, and mining operations. For many years during his early business career he was engaged in importing with his brother, William Iselin, being one of the most successful merchants of New York in the middle of the century. After retiring from the importing trade, he established the banking house of Adrian Iselin & Co. He is considered the founder of the Iselin family in the United States.

Eleanora O’Donnell Iselin (1821–1897) was born into one of Baltimore, Maryland’s most prominent and wealthy families. In 1845 she married Adrian Iselin, an affluent banker and dry goods merchant. The Iselins lived in New York City, where they were active members of high society and supporters of the city’s cultural centers, including the Metropolitan Opera House, the American Museum of Natural History, and The Metropolitan Museum of Art. Eleanora’s daughters Georgine and Emily commissioned the portrait from Sargent in the spring of 1888, as the artist’s first professional visit to America was nearing its end (source: National Gallery of Art). 

According to family tradition, when Sargent arrived at the Iselin home for the sitting, Mrs. Iselin entered the drawing room followed by a maid carrying an armful of ball gowns and asked him which one he wanted her to wear. To her dismay, Sargent insisted on painting her exactly as she stood without even removing her hand from the table. Some art historians have suggested that this interaction explains the sitter’s somewhat severe expression. When late in life Sargent was asked if he remembered Mrs. Iselin, he diplomatically replied, “Of course! I cannot forget that dominating little finger.” (Source: National Gallery of Art).

Richard C. Kerens

Richard C. Kerens (1842 – September 4, 1916) was an American contractor and politician.

Richard C. Kerens of St. Louis, railroadman and politician. Is a chamberlain to Pope Pius-X. Mr. Kerens, who came to America a poor emigrant boy, went west and amassed a fortune, has carried through his life the strong Roman faith instilled to him by his Irish mother. With his Increased prosperity he has given accordingly to his church. He has enriched the St. Louis university, which is under the direction of the Jesuits, and the Catholic university of America, at Washington, and has aided nearly every charitable institution in St. Louis. He has also done much for institutions in his native land and for Irish charitable enterprises in this country. It Is said that Mr. Kerens is trying to purchase a strip of land in Rome which will reach from the Vatican to the sea, in order to give to the pope a greater freedom and to relieve his present restrictions, which forbid him leaving the Vatican grounds. It is understood that Mr. Kerens has offered $5,000,000 for this purpose.

Kerens was born in Killberry, County Meath, Ireland, and was brought to the U. S. in infancy. He was educated in the public schools of Jackson Co., Iowa. Throughout the Civil War he served in the Union army. After the war he lived in Arkansas and at San Diego, Cal., and was contractor for the Overland Mail. In 1876 he moved to St. Louis, Mo., and thereafter was interested in the construction of railroads and was active in the Republican politics of Missouri. In 1892 he became a member of the Republican National Committee. From 1909 to 1913 he was Ambassador to Austria-Hungary (source: Wikipedia).

Eugene and Thomas Kelly

Among the younger members of the nobility in the United States areEugene and Thomas Kelly, sons of the late Eugene Kelly, a New York banker, who gave the white marble Lady Chapel to St. Patrick’s cathedral. Eugene and Thomas Kelly were made Knights of St. Gregory, with the title of sIr.

The Order of the Knights of St Gregory was reorganized by Pope Gregory XVI In 1831 since which time Catholics who are not of the state nobility or aristocracy have been vested with the title.

Ellen Ewing Sherman and Mary Caldwell

The late Mrs. Tecumseh Sherman was decorated several times by pope Leo for her charitable work. Mary Caldwell, the Virginia, beauty, now the Marquise de Merinville (Mary Gwendolen Caldwell, Marquise de Merinville, Laetare Medalist, VOL_0032_ISSUE_0023, 1899), and who before her marriage presented to the hierarchy of the United States the funds for the establishment of the Catholic university at Washington, was also decorated.

Ellen Ewing Sherman (October 4, 1824 – November 28, 1888), was the wife of General William Tecumseh Sherman, a leading Union general in the American Civil War. She was also a prominent figure of the times in her own right. Like her mother, Ellen was a devout Catholic and often at odds with her husband over religious topics. Ellen raised her eight children in that faith. In 1864, Ellen took up temporary residence in South Bend, Indiana, to have her young family educated at the University of Notre Dame and St. Mary’s College. One of their sons, Thomas Ewing Sherman, became a Catholic priest. She also took an ongoing interest in Indian missions and was credited as the principal organizer of the Catholic Indian Missionary Association. In “the most absorbing and monumental work of her life,” Ellen played an active role in U.S. observances of the Golden Jubilee of Pope Pius IX (May 21, 1877) for which she later received the personal thanks of the Pope (source: Wikipedia).

Mary Elizabeth Breckenridge and Mary Guendaline Byrd Caldwell were the daughters of William Shakespeare Caldwell who made his fortune building and operating gas plants throughout the Midwest. Both daughters married titled European aristocrats. Mary Guendaline was first engaged to the Prince Joachim Murat, the grandson of the King of Naples, who was not only twice her age but an invalid. The engagement was canceled when the couple could not agree on how much of Miss Caldwell’s fortune was to be given to the Prince.

 

 

 

Mr. and Mrs. Joseph Kulage

Mr. and Mrs. Joseph Kulage of St. Louis, Mo, are the latest additions to the Catholic nobility in the country. They were both knighted by Pope Pius X on August 20 with the Order of St. Gregory, and the Equestrian Order of the Holy Sepulchre. Mr. Kulage is created a knight commander of the Gregorian Order, a distinction to few men outside of Rome, and Mrs. Kulage is termed a “Matronae” or lady knight of the Equestrian Order of the Holy Sepulchre. This is the first tlma this honor has been conferred upon a woman.

The Equestrian Order of the Holy Sepulcher, is one of the most ancient orders in existence, having been founded in the thirteenth century during  the crusades. The pope himself is the supreme master of the noble order. The insignia of the order is a Jerusalem cross, which is really a combination of five crosses In one. The insignia, is almost entirely of gold, but the obverse and reverse sides are overlaid with crimson enamel. In addition to the cross Mrs. Kulage will appear at all state functions in a mantle of white cloth upon which is embroidered in gold the Insignia of her rank. Mr and Mrs. Kulage been elevated to the Catholic nobility in recognition of their charitable and educational work, especially among the children of the poor in Rome. [the original article ends here]

Sarita Kenedy East (1889-1961). Mrs. East, like her mother and grandmother, gave generously to the Catholic Church, especially to the Diocese of Corpus Christi. She also gave many anonymous donations to museums, hospitals and other charitable organizations throughout South Texas. Mrs. East received two special honors from the Pope – the medal Pro Ecclesia et Pontifice and membership in the Equestrian Order of the Holy Sepulchre of Jerusalem. She founded the The John G. and Marie Stella Kenedy Memorial Foundation; her parents (source: The John G. and Marie Stella Kenedy Memorial Foundation).

The historical origins of the Order are somewhat obscure, although according to an undocumented tradition they are traced back to the First Crusade. In fact, the first documentary evidence of an investiture of Knights referred to as “of the Holy Sepulchre” dates to 1336. Since this first testament to the Order’s existence, that is, from the  XIV century, the popes gradually and regularly expressed their desire to juridically annex the organization to the Holy See.

The Equestrian Order of the Holy Sepulchre of Jerusalem has always benefited from the protection of the Popes who, over the centuries, have reorganized it, augmenting and enriching its privileges. Clement VI entrusted custody of the Holy Sepulchre to the Franciscan friars in 1342, but that was still during an era when Knights alone had the right to create other members of the Order. Alexander VI declared himself the supreme moderator of the Order in 1496, and delegated to the Franciscans the power to bestow a knighthood upon nobles and gentlemen pilgrims on pilgrimage to the Holy Land (power of investiture). Confirmation of this Franciscan privilege, either verbally or by papal Bull, was renewed by Pope Leo X in 1516, by Benedict XIV in 1746, until the restoration of the Latin Patriarchate of Jerusalem by Pius IX in 1847.

Thus the pontifical delegation was transferred to the Patriarch when, in 1868,  Pius IX issued Apostolic letters announcing the restoration of the Order. The Order of Knights opened up with the appointment of the Dames of the Holy Sepulcher thanks to Leo XIII, in 1888. Moreover, in 1907 Pius X decided that the title of Grand Master of the Order would be reserved to the Pope himself.

In 1932 Pius XI approved the new Constitution and permitted Knights and Dames to receive their investiture in their places of origin and not only in Jerusalem. In 1940, Pius XII named a cardinal as Protector of the Order and centralized the organization in Rome, as part of the Grand Magisterium, transferring the title of Grand Master to Cardinal Canali. John XXIII approved the new Constitution presented by Cardinal Tisserant in 1962.

With the renewal of the Second Vatican Council, a new Constitution was approved by Paul VI in 1977.  Following this, John Paul II made the Order a legal canonical and public personality, constituted by the Holy See. Today the Order seeks to garner the commitment of its members in local churches hopeful for their sanctification. This is the essential and profound reason that motivated the revision of the Constitution during the “Consulta” that took place in 2013 (source: The Vatican).

Conclusions

Most persons that were ennobled, were of Irish catholic descent. Emigration to the United States increased exponentially due to the Great Famine in the mid 1800s. In the 19th century United States, Irish catholics faced hostility and violence. By the 20th century, Irish Catholics were well established in the United States. The extremely wealthy ones, who were also devoted to catholicism and donated large amounts of money to the church and other good works, were ennobled or obtained a knighthood from the church.  In this context it cannot be said that nobility was ‘bought’. Spiritualism and good works, in most cases, led to the rewards. The titles are part of this spiritual experience. Women played an important role in this context.

The legitimacy of the Sovereign Military Order of the Temple of Jerusalem

Introduction

This weekend, I had the pleasure of attending a very interesting lecture, given by a good friend, regarding the history of the Knights Templar (1119-1307). The lecture mentioned the Sovereign Military Order of the Temple of Jerusalem (OSMTH) as a modern successor of the ideology of this ancient and famous Order.

Detail of the Chinon Parchment, with details of the trail of the Knights Templar and the Pope's involvement (Vatican Museum secret archives library)
Detail of the Chinon Parchment, containing details of the trail of the Knights Templar and the Pope’s involvement (Vatican Museum secret archives library, reference number Archivum Arcis Armarium D 218. ASV, Archivum Arcis, Arm. D 217)

The original order of the Knights Templar was founded by Hugh de Payens, a French nobleman from the Champagne region, along with eight of his companions, in Jerusalem around 1119. In 1307, Philip IV of France arrested the Knights Templar on charges of blasphemy, idolatry, and sodomy. The investigation and trial into the alleged misdeeds of the Knights Templar took place in Rome between 1307 and 1312. On 18 March 1314 the Grandmaster and other knights of the Order were burned alive by order of King Philip. In September 2001, Barbara Frale, an Italian paleographer at the Vatican Secret Archives, found a copy of a document, known as the ‘Chinon Parchment’ in the Vatican Secret Archives. The document explicitly confirms that in 1308 Pope Clement V absolved Jacques de Molay and other leaders of the Order including Geoffroi de Charney and Hugues de Pairaud (Barbara Frale 2004, “The Chinon chart – Papal absolution to the last Templar, Master Jacques de Molay”, Journal of Medieval History 30 (2): 109–134). Another Chinon parchment dated 20 August 1308 addressed to Philip IV of France, stated that absolution had been granted to all those Templars that had confessed to heresy “and restored them to the Sacraments and to the unity of the Church” (Pierre Dupuy, Histoire de l’Ordre Militaire des Templiers Foppens, Brusselles 1751; Étienne Baluze, Vitae Paparum Avenionensis, 3 Volumes, Paris 1693. Nonetheless, the Pope suspended the order (see appendix 1, below for the details).

Wikipedia describes the OSMTH as follows:

The Sovereign Military Order of the Temple of Jerusalem, (Latin: Ordo Supremus Militaris Templi Hierosolymitani, OSMTH), is a self-styled order founded in 1945 by Antonio Campello Pinto de Sousa Fontes (1878-1960), claiming to be a continuation of the self-styled l’Ordre du Temple founded in France, 1705, officially reconstituted in 1804 by Bernard-Raymond Fabré-Palaprat, and recognized as an Order of Chivalry by its patron Napoleon Bonaparte in 1805; Fernando Campello Pinto Pereira de Sousa Fontes succeeded his father as the head of the order in 1960.

It is interesting to see to what extend the current OSMTH can be seen as a successor of the ideology of the ancient Templer Order.

Inspiration

An important personality regarding the revival of Templer history was Andrew Michael Ramsay. Raised a Calvinist, Ramsay converted to Catholicism in 1709. Leaving England for Holland in 1709, he soon moved to Cambrai (France) where he lived with the well-known mystical theologian, François de Salignac de la Mothe-Fénelon (1651-1715), Archbishop of Cambrai.

Chevalier Andrew Michael Ramsay (1686–1743)
Chevalier Andrew Michael Ramsay (1686–1743)

In 1713 or 1714, Ramsay moved to Blois where he was employed as secretary to a co-founder of Quietism (a Christian philosophy), Madame Guyon. In 1716 Ramay moved to Paris, where he spent the rest of his life in and near that city (Ars Quatuor Coronatorum, pp. 280-315 vol 81 (1968). Much of Ramsay’s life is only known from Anecdotes de la vie de Messire André Michel de Ramsay a manuscript dictated by Ramsay, and now in the Bibliotèque Méjanes at Aix-en-Provence. Cited AQC, vol 81 (1968). Cf. Mackey’s Encyclopedia for a 1680 birth date).

It was in Paris where Ramsay met the Duc d’Orleans who admitted Ramsay as a member of the Royal and Military Order of St. Lazarus of Jerusalem. This entitled him to use the prefix of Chevalier. James, the Old Pretender, granted Ramsay a certificate of nobility in 1723. In 1728 he succeeded in having a diploma of nobility registered by the King of Arms in Edinburgh (Ars Quatuor Coronatorum, pp. 280-315 vol 81, 1968). In his famous  Oration of 1737, Ramsay suggested that Freemasons were closely connected to the Knights Templar (Gould’s History of Freemasonry – Vol. III, page 11, Compiled and Edited by R.’.W.’. Gary L. Heinmiller, Director, Onondaga & Oswego Masonic Districts Historical Societies):

At the time of the Crusades in Palestine many princes, lords and citizens associated themselves and vowed to restore the temple of the Christians in the Holy Land, to employ themselves in bringing back their architecture to its first institution. They agreed upon several ancient signs and symbolic words drawn from the well of religion in order to recognize themselves amongst the heathen and the Saracens. These signs and words were only communicated to those who promised solemnly, even sometimes at the foot of the altar, never to reveal them. This sacred promise was therefore not an execrable oath, as it has been called, but a respectable bond to unite Christians of all nationalities in one confraternity. Some time after our Order formed an intimate union with the Knights of St. John of Jerusalem. From that time our Lodges took the name of Lodges of St. John. This union was made after the example set by the Israelites when they erected the second Temple who, whilst they handled the trowel and mortar with one hand, in the other held the sword and buckler.

Ramsay’s statements increased interest in Freemasonry. It also generated a strong desire among Masons to participate in orders with a knightly background. As a result, the Scottish Rite and York Rite branches of Freemasonry incorporated a number of knightly degrees. On 16 July 1782 a Masonic congress was held at Wilhelmsbad, near the city of Hanau in Hesse Cassel. The meeting was chaired by Ferdinand, Duke of Brunswick, who was at that time the Grandmaster of the Order of the Strict Observance. The meeting lasted for thirty sessions. When the congress was finally closed it concluded that ‘Freemasonry was not essentially connected with Templarism, and that, contrary to the doctrine of the Rite of the Strict Observance, the Freemasons were not the successors of the Knights Templars.” The result of its finding was that very soon many of the other Templars degrees and orders died out (Eugen Lennhoff, Oskar Posner, Dieter A. Binder, Internationales Freimaurerlexikon. 5. überarbeitete und erweiterte Neuauflage der Ausgabe von 1932. Herbig, München 2006; Ferdinand Runkel, Geschichte der Freimaurerei. 3 Bände. Reprint von 1932, Edition Lempertz, Königswinter 2006, Bd. 1, S. 193 ff.). The current Masonic order of Knights Templar derives its name from the medieval Catholic Order. However, it does not claim any direct lineal descent from the original Templar order.

l’Ordre du Temple

These events have been the seeds for a second important rivival of the Templar Order. In 1804 Bernard-Raymond Fabré-Palaprat (29 May 1773 – 18 February 1838) founded the l’Ordre du Temple, The Order of the Temple (see the Manuel des Chevaliers de l’Ordre du Temple).

In 1804 two French Freemasons, Philippe Ledru (1754-1832) and Bernard-Raymond Fabré-Palaprat (1775-1838) founded the Order of the Temple (l’Ordre du Temple). Fabré-Palaprat was made its grandmaster. The order attracted personalities like the Duke of Choiseul-Stainville. Fabré-Palaprat was the son of a surgeon in the French city of Cahors. He studied at the diocesan seminary and was ordained a priest. He left the priesthood to study medicine. Fabré-Palaprat was awarded the Legion of Honour for his defence of Paris in 1814. He received the July Medal for his actions during the Three Glorious Days of the Revolution of 1830. Napoleon I, who viewed freemasonry favourably, authorized and presided over a “solemn ceremony” for the Order in 1808 (Introvigne, Massimo (1995): “Ordeal by Fire: The Tragedy of the Solar Temple,” in The Order of the Solar Temple: The Temple of Death, ed. James R. Lewis, Ashgate, 2006, pp. 19-38 and Introvigne, Massimo (2005): “Fabré-Palaprat, Bernard-Raymond” entry in Dictionary of Gnosis & Western Esotericism, ed. Wouter J. Hanegraaff, Brill Academic Publishers,  pp. 354-356). He allowed the Order of the Temple to carry on their activities, including solemn processions in the streets of Paris with mantles and toques (see Malcolm Barber (ed): The military orders : fighting for the faith and caring for the sick Aldershot, Great Britain, 1994; Variorum and the Manuel des chevaliers de l’Ordre du Temple. Paris, 1817 (2d ed.: 1825); The manual of Palaprat’s French order).

Palaprat’s order was not a continuity of the Knights Templar, although Fabré-Palaprat fabricated the so-called Larmenius Charter. This document, started in Latin in 1324, listed 22 successive Grand Masters of the Knights Templar from 1324 to 1804, with Fabré-Palaprat’s name appearing last on the list.

Admiral Sir William Sidney Smith, GCB, GCTE, KmstkSO, FRS
Admiral Sir William Sidney Smith, GCB, GCTE, KmstkSO, FRS

In 1815, Admiral Sir William Sidney Smith, GCB, GCTE, KmstkSO, FRS (1764–1840) became associated with the French Order of the Temple. Smith was a British naval officer. Serving in the American and French revolutionary wars, he later rose to the rank of admiral. Napoleon Bonaparte said of him: “That man made me miss my destiny” (Thomas Pocock, “A Thirst for Glory: The Life of Admiral Sir Sidney Smith”, p.114, Pimlico 1998).

As admiral of the British navy Smith successfully defended Acre against Napoleon in 1799, and supposedly was given by the Greek archbishop a Templars’ cross (left in Acre by Richard Lionheart) in gratitude. This cross opened the doors for Sir Sydney who became a Templar and tried to create a branch of the Order in England, for which he was made Grand-Prior. His aim was to send the order to participate in the liberation and pacification of Greece and other areas under Ottoman control. He also tried to establish a base in Malta and taking over the old activities of the order of Saint-John (since Malta was then in the hands of the British). He managed to get Augustus-Frederick, Duke of Sussex (1773-1843) interested in the project. The duke of Sussex (6th son of George III) became Grand Prior of England. The duke was the Grand Master of the Premier Grand Lodge of England. In addition, the English politician Charles Tennyson d’Eyncourt (uncle of the famous poet Alfred Tennyson) was attracted to the Order. On the death of Fabré-Palaprat, Smith became Regent of the order, but his subsequent death soon followed by that of the duke of Sussex dissipated the order in England. D’Eyncourt himself lost interest and resigned from the order in 1849 (see: François Velde, Heraldica, Revived and Recently Created Orders of Chivalry). The succession of the French branch of the Order is described by Serge Caillet in his important study: Trois siècles de résurgences templières:

Au tout début du XIXe siècle, en France, la légende templière commence à se répandre en marge de la franc-maçonnerie, dans le cadre d’un Ordre d’Orient et de la loge parisienne des chevaliers de la Croix, dirigée par un certain Dr Ledru, qui prétend détenir la succession magistrale du dernier Grand Maître secret de l’Ordre du Temple, le duc Timoléon de Cossé-Brissac (1734-1792) . Élu Grand Maître en 1804 [le 4 nov.], Bernard Raymond Fabré-Palaprat (1773-1838), un ancien séminariste devenu médecin, propage véritablement ce nouvel Ordre du Temple, sous le patronage de l’empereur Napoléon 1er, ce qui lui vaut d’attirer quelques personnages de renom. Fabré-Palaprat revendique en ligne directe la succession de Jacques de Molay, et, pour attester son lignage, produit même une charte, portant la signature de tous les Grands Maîtres depuis le Moyen Âge… C’est un faux, qui sera vite reconnu et dénoncé comme tel. Il n’empêche que l’Ordre eut en France sa période faste, ses notables, son clergé. (…) Peladan passe aussi pour avoir été Grand Maître, de 1892 à 1894 dit-on, de la lignée templière de Fabré-Palaprat. Je ne puis le garantir. (…) Le 19 janvier 1932, des Templiers de la lignée de Fabré-Palaprat (Joseph Cleeremans, Gustave Jonckbloedt et Théodore Covias) fondent à Bruxelles l’Ordre souverain et militaire du Temple, dont l’enregistrement paraît au Moniteur belge, le 20 janvier 1933. (…) En 1934, un Conseil de régence de ce qu’il reste de l’Ordre de Fabré-Palaprat place à sa tête Émile Vandenberg – avec un intermède par un certain Théodore Covias, de 1935 à 1942 – qui, le 23 décembre 1942, transmet ses pouvoirs au Portugais Antonio Campello Pinto de Sousa Fontes (1878-1960). En 1945, celui-ci fonde l’Ordre Souverain et Militaire du Temple de Jérusalem (OSMTJ), qui a son siège à Paris. L’OSMTJ s’est divisé en 1970, quand Fernando Campello Pinto de Sousa Fontes, fils d’Antonio Campello Pinto, a fondé l’Ordo Supremus Militaris Templi Hierosolymitani (OSMTH), qui a son siège à Porto. Nouvelle scission en 1996 quand naît  l’Ordre Suprême Militaire du Temple de Jérusalem, dont les membres souhaitent servir, tout comme les chevaliers des origines ont servi. La devise de l’ordre Non nobis, Domine, non nobis, sed Nomini Tuo da Gloriam est tirée du Psaume 115, verset 1 ‘Pas à nous, Seigneur, pas à nous, mais à Ton Nom seul donne la Gloire’

Thus, Caillet’s study shows that the OSMTH has its roots in 1804.

Historical link to the OSMTH

A Belgian priory of the Order of the Temple was founded in 1815 by Albert-Francois marquis du Chasteler. After 1840, this Priory split into “Legitimate” and Masonic priories. After the death of Sidney-Smith in 1840, a compromise was reached in 1841 under the leadership of Jean-Marie Raoul (1766-1850). The Masonic Trinity of the Tower priory of the Order lasted until 1930, when it was abolished.

The original Order of the Temple had, however, lost most of its members. In 1871 one of Raoul’s successors, A.M. Vernois, made it dormant (Introvigne 1995: 22). Vernois was the last Regent of “the palaprien faction” and had “deposited the records of the Order into the National Archives of France” in 1871. The records can still be found at the Archives Nationales, Fonds “3 AS 1-34 (anc. AB XIX 125-158)” with additional material deposited in 1920 and 1921. According to Introvigne the Regency was handed over to the influential occultist Joséphin Péladan (1858-1918) by some of Fabré-Palaprat’s surviving members.

In Dutch historian Milko Bogaard’s “Gnostic Church History,” published by gnostique.net, Bogaard writes:

In 1892 Joséphin Péladan (1859-1918) receives the “regency” of the Neo-Templar Order … a connection is made with i.a. Lodge “KVMRIS”. Péladan had founded in 1891 his own order, “Ordre de la Rose-Croix Catholique et Esthetique du Temple et du Graal” … Belgian Martinists were also member of Péladan’s “Ordre de la Rose-Croix et Catholique”, among such men as Francis Vurgey, Nicolas Brossel, and Clement de Saint-Marcq. Brossel and Vurgey were directing Lodge “KVMRIS”, the former being its President … “the Gnostic elements which influenced the works of such lodge-members as Clement de Saint-Marcq were part of the doctrine of the Johannite church.” […] The book “Ordre des Chevaliers du Temple” reports an international Templar Congress held in Brussels in 1894. With the exception of the English branch of the Templars all other European Templar Orders were represented on the Convention of Brussels. It was decided to establish an “International Secretariat” under the direction of the leaders of Lodge “KVMRIS”, Brossel and Vurgey. They were later succeeded by Selliers de Moranville, Georges le Clément de Saint-Marcq, Georges le Roy van Daems, Oscar Jamar, Arthur van Hecke, Carlos Mosias and Joseph Daems. The next date which is given in the book is the date of the foundation of the “Ordre souverain et militaire du Temple de Jérusalem” (OSMTJ) or ‘Sovereign Military Order of the Temple of Jerusalem’ (SMOTJ) or ‘Ordo Supremus Militaris Templi Hierosolymitani ‘ in 1932.

Utilizing internal documents and archives of the Order, Jean-Pierre Bonnerot, in “Deodat Roche et L’Eglise Gnostique,” was more specific regarding Péladan’s regency: 1892-1894; which would correspond with the Belgian branch taking the reins afterwards through the “Secretariat International des Templiers” (source: the blog of Terry Melanson).

The reason for creating the “Secretariat International des Templiers” was that Vernois’ move was not accepted by the Belgian members of the Order. This body governed the Order until 1932. In 1932 several former members established a new Grand Priory of Belgium, restored the Catholic tradition, and adopted the name  Knights of the Sovereign and Military Order of the Temple (Chevaliers de l’Ordre Souverain et Militaire du Temple), having as its ‘Regent’ Théodore Covias. Shortly after, a move was made to restore the International Order with a Magisterial Council led by a regent.

Dom Antonio Campelo Pinto de Sousa Fontes (30-03-1878 / 15-02-1960) 50° Magnus Magister et Princeps Regens 1942-1960
Dom Antonio Campelo Pinto de Sousa Fontes (1878-1960) 50° Magnus Magister et Princeps Regens 1942-1960

The second regent, Emile-Isaac Vandenberg was of jewish descent and used the name of his wife “Vandenberg” to protect himself from the Nazis. He played a key role is the further development of the Order. Vandenberg married on 21 November 1921, to Josefina Vandenberg and with his father-in-law and brother-in-law they founded the company of Vandenberg & Isaac, Furniture Manufacturers, based in Mechelen. Vandenberg was one of the eight founding members of the Sovereign and Military Order of the Temple in 1932, and succeeded Theodore Covias as Regent on 8 August, 1935. On 1 October 1935, he was elected 49th Grand Master of the Order although he occupied this post for only a relatively short time. In 1941 Germany invaded Belgium. On 23 December 1942, he issued a Decree transferring the office and the custody of the archive to Antonio de Sousa Fontes, Grand Prior of Portugal. On 11 April 1943, the day after very heavy bombardments on Martsel, Vanderberg died when the car he was driving left the road and plunged into a small river called “Veste van Berchem,” near Antwerp, but, not being able to swim, he drowned. Vandenberg was buried at Mechelen. Unique documentation regarding his membership of the Order remains in the procession of his descendants.

Vandenberg’s main focus was to re-establish unity, in particular with priories in Italy, Portugal and Switzerland. The International Order became a confederation of Autonomous Grand Priories, known as OSMTH. To ensure Templar survival, Vandenberg made a temporary transfer of the archives to the care of the Portuguese Prior, Antonio Pinto de Sousa Fontes. It is often said that, once the war ended in 1945, de Sousa Fontes refused to return the archives. This cannot be the case, since Vandenberg died in 1943. After the sudden death of Vanderberg, de Sousa Fontes assumed the title of Regent. The International Order (OSMTH) became divided. Some Priories rejected De Sousa Fontes’ leadership. Two years later the Regent issued updated Statutes, in which he described the Order as being “traditionally Catholic, chivalric, cosmopolitan, independent and conservative.” In 1948 De Sousa Fontes designated his son, Dom Fernando de Sousa Fontes as his successor.

Crolian William Edelen (1920 - 2006)
Crolian William Edelen (1920 – 2006)

On 15 February 1960 De Sousa Fontes died. His son, Fernando de Sousa Fontes, succeeded him, assuming the title of Prince Regent. In the meantime, the Grand Prior of Switzerland, Anton Leuprecht, had been receiving Americans into the Swiss Grand Priory. As more Americans joined the Order, an American Grand Priory was formed. One of them was Crolian William Edelen. He was educated at the University of North Carolina, and was with Signal Intelligence in the India-Burma theatre of World War II. His actively pursued memberships numerous Orders. From 1966 until 1976, under the royal protection of the former King Peter II of Yugoslavia, he was Grand Master of the Sovereign Order of St. John of Jerusalem, Knights of Malta. As Emeritus remained a member of the Supreme Council. Formerly he had been Grand Prior of the U.S. Sovereign Military Order of the Temple of Jerusalem, and held the Grand Cross from the autonomous Priory of Switzerland and from the Regent in Operto, Portugal. The Corporate Charter for the American Grand Priory was signed on 4 June 1962 by Edelen, William Y. Pryor, Herschel S. Murphy, Warren S. Hall, Jr., John D. Leet, Lawrence Stratton and George J. Deyo. The Grand Priory was incorporated in the State of New Jersey on 29 June. Edelen was chosen the first Grand Prior. The Prince Regent recognized the Autonomous Grand Priory of the United States (SMOTJ-GPUSA). In April 1964 the former king Peter II, became the Royal Patron of the American Grand Priory. He remained in this office until his death on 3 November 1970.

The International Order continued to have problems. In 1970 the De Sousa Fontes called together a Convent General of the Order to meet in three sessions: Paris, Chicago and Tomar, Portugal. Resolutions were passed that recognized the Order as “universal and not limited to any one nationality or Language”, and that the Order “shall be a Christian Order”. These efforts did not bring back unity to OSMTH.

Dom Fernando Pinto Pereira de Sousa Fontes, The Grand Master of the OSMTH
Dom Fernando Pinto Pereira de Sousa Fontes, The Grand Master of the OSMTH

With increasing opposition from European Grand Priories, De Sousa Fontes turned to the American Grand Priory, appointing members to the Grand Magistry. The situation remained calm until 1993 when de Fontes revised the Statutes so that he could become the “Grand Master”, a title his father previously assumed. Again the Prince Regent called a Convent General to meet in three sessions. At the first session in Santiago, Spain, the revised Statutes were presented, but no decisions were made. The final session held in London. In 1995, a proposed agenda, calling for basic reforms, was sent to De Sousa Fontes, now calling himself Grand Master. De Sousa Fontes cancelled the session. In reaction, the British Grand Prior, Major-General Sir Roy RedgraveKBE MC (16 September 1925 – 3 July 2011) called for an International Conclave, to explain his objections and concerns. At its meeting in June 1995 a list of reforms were drawn up to be presented to De Sousa Fontes. The Grand Priors agreed to meet in Salzburg, Austria on 3 November 1995 to receive the response. Besides the fate of De Sousa Fontes, during the Salzburg meetings, the future structure of the Order and its administration was discussed. On 2 November 2 1996, a document, known as the “Coordinated Statutes of the Ordo Supremus Militaris Templi Hierosolymitani” was adopted, stating the goals and structure of the Order as an international confederation of Autonomous Grand Priories. The separation from De Sousa Fontes was settled in New Orleans in 1999, where the Grand Magistral Council approved a previously drawn up Statement of Separation. A Grand Council of Grand Priors was formed to govern the Order, since the office of Grand Master was considered vacant (Source: personal notes from the archives of Sir Roy Redgrave – June 5, 2003). The current Order is therefore structured as a federation.

Conclusions and recommendations

OSMTH’s charitable works are of great importance to society. Therefore, it is essential to preserve a solid foundation of this internationally operating organisation. Despite OSMTH’s general disclaimer that it does not claim a direct heritage to the medieval Knights Templar, its aims, symbols and rites are obviously patterned after the medieval Order. The OSMTH can therefore best be described as a commemorative order. Nevertheless, in spite of these official disclaimers, other neo-templar groups insist that they have direct Templar origins.

The OSMTH cannot be seen as a self-styled or pseudo-order, as its direct predecessor (the Order of the Temple) was approved by Napoleon Bonaparte, by imperial decree in 1807. On 13 June 1853, it was given recognition by Napoleon III.  In 1918, the Order was re-registered in France in accordance with French law. The Grandmaster De Sousa Fontes was the direct link with the Order that was founded by Fabré-Palaprat. In my opinion, it is therefore a legitimate commemorative order. Wikipedia’s description of the OSMTH is incorrect.

I recommend the following regarding the future development of the OSMTH.

  • OSMTH enjoys the Patronage of HH Princess zu Schleswig-Holstein-Sonderburg-Glucksburg (princess consort to the current Head of the Ducal House of Schleswig-Holstein-Sonderburg-Glücksburg) and the Religious Protection of His Beatitude the Most Blessed Theodosius, Metropolitan (ret.) of the United States and Canada. These patronages are interesting but they have no historical relevance and therefore do not add to the legitimacy of the Order. The OSMTH should seek the patronage of a member of the House of Bonaparte to confirm the continuity with the original Order of the Temple. The headship of this family is in dispute between Charles, Prince Napoléon, (1950) and his son Jean-Christophe, Prince Napoléon (1986). The only other male member of the family is Prince Jérôme Napoléon (1957). A descendant of Napoleon’s sister Caroline Bonaparte is the American actor and singer René Murat Auberjonois. There are also a number of descendants of Napoleon’s illegitimate, but recognized son Alexandre Colonna-Walewski from his relation with Marie Countess Walewski. DNA studies have also confirmed the existence of descendants (the Clovis family) of Lucien Bonaparte, who was detained at sea by the British when on his way into exile in America. His son, Louis-Lucien Bonaparte, was a comparative linguist and dialectologist, and was born in England.
  • Another very good option is to seek the patronage of the current chief of the House of Murat, a descendant of Joachim Murat (1767-1815), Marshall and Grand Admiral of France, prince of the Empire and of the imperial family, the Great Duke of Berg and Clèves, King of Naples and the Two Sicilies, member of the imperial family.
  • Electing a Grandmaster is in accordance with the traditions of the Order. Try to find an honorary (or second) Grandmaster with historical connections to the OSMTH. Legitimate honorary Grandmasters sould be related to the persons mentioned in this article.
  • Adequately conserve the archives of the Order, by making a professional description of its content and then make sure the archives are stored in a solid public library, such as the Bibliothèque nationale de France (already containing important documents regarding the Order of the Temple) or the Library of Congress. Interesting documents can be found in city the archives Reims as well.
  • Use only one single website (instead of multiple local websites) to promote coherence and avoid confusion.

Appendix 1: Statement by the Vatican regarding the parchment of Chinon

THE PARCHMENT OF CHINON THE ABSOLUTION OF POPE CLEMENT V OF THE LEADING MEMBERS OF THE TEMPLAR ORDER

Chinon, Diocese of Tours, 1308 August 17th-20th

Original document formed by a large parchment folio (700x580mm), initially provided with the hanging seals of the three papal legates who formed the special Apostolic Commission ad inquirendum appointed by Clement V: Brenger Frdol, Cardinal Priest of the titular church of the Most Holy Nereus and Achilleus and nephew of the pope, tienne de Suisy, cardinal priest of St. Cyriac in Therminis, Landolfo Brancacci, cardinal deacon of St. Angelo. In a reasonable state, even though there are some big violaceous stains, caused by bacterial attack. An authentic copy was enclosed to the original document, which is still kept in the Secret Vatican Archives, with the reference number Archivum Arcis Armarium D 218. ASV, Archivum Arcis, Arm. D 217.

The document contains the absolution Pope Clement V gave to the Grand Master of the Temple, friar Jacques de Molay and to the other heads of the Order, after they had shown to be repented and asked to be forgiven by the Church; after the formal abjuration, which is compelling for all those who were even only suspected of heretical crimes, the leading members of the Templar Order are reinstated in the Catholic Communion and readmitted to receive the sacraments. The document, which belongs to the first phase of the trial against the Templars, when Pope Clement V was still convinced to be able to guarantee the survival of the military-religious order, meets the apostolic need to remove the shame of excommunication from the warrior friars, caused by their previous denial of Jesus Christ when tortured by the French Inquisitor. As several contemporary sources confirm, the pope ascertained that Templars were involved in some serious forms of immorality and he planned a radical reform of the order to subsequently merge it into one body with the other important military-religious order of the Hospitallers. The Act of Chinon, which absolves the Templars, but does not discharge them, was the assumption required to carry out the reform, but it remained dead letter. The French monarchy reacted by triggering a true blackmail mechanism, which then urged Clement V to reach the ambiguous compromise ratified during the Council of Vienne in 1312: unable to oppose himself to the will of the King of France, Phillip the Fair, who imposed the elimination of the Templars, the pope removed the order from the reality of that period, without condemning or abolishing it, but isolating it in a sort of hibernation, thanks to a clever device of the canon law. After explicitly declaring that the trial did not prove the charge of heresy, Clement V suspended the Templar Order by means of a non definitive sentence, imposed by the necessity to avoid a serious danger to the Church that banned them, under penalty of excommunication, to use such name or their distinctive symbols.

Appendix 2: Grandmasters OSMTH and its predecessors

1804-1839  Bernard Fabre-Palaprat (Order of the Temple)
1839-1840  Sir William Sidney Smith
1840-1850  Edward VII, King of the United Kingdom and the British Dominions and Emperor of India – George V., King of Hanover
1850  Narcisse Valleray (Regent)
1866  A.G.M. Vernois (Regent)
1892  Joséphin Péladan (Regent)
1894  Secretariat International des Templiers
1934  Conseil de Regence – Joseph Vandenberg (Ordo Supremus Miltaris Templi Heirosolimytani)
1935  Théodore Covias (Regent)
1935-1942  Emile Isaac (Vandenberg) (Regent)
1942-1960  Antonio de Sousa Fontes (Regent)
1960- 1999 Fernando de Sousa Fontes (Regent)

The current Grandmaster of the Order is Patrick E. Rea, Brigadier General – US Army (Ret.)

Line of succession to the former throne of Germany

Heraldic Ring of Kaiser Wilhelm II with Royal Crown, Coat of Arms of Hohenzollern and The Prussian Order of The Black Eagle
Heraldic Ring of Kaiser Wilhelm II with Royal Crown, Coat of Arms of Hohenzollern and The Prussian Order of The Black Eagle.

Introduction

The claims to the (combined) thrones of Kingdom of Prussia and the German Empire are related to the Constitution of the German Empire (Verfassung des Deutschen Reiches) of 1871.  According to this constitution, the empire was a federally organised national state of 25 German states. The office of Bundespräsidium was held by the King of Prussia, who had the title of German Emperor.

The Wikipedia article about the line of succession of the former German throne reads:

The German Empire and Kingdom of Prussia were abolished in 1918. The current head of the former ruling House of Hohenzollern is Georg Friedrich, Prince of Prussia. The Law of Succession used is Agnatic Primogeniture.

The Telegraph of 26 December 2001  reads:

THE man (Prince Georg Friedrich of Prussia) who has just won a legal victory to declare himself the head of Germany’s last ruling royal family says he is perfectly happy with life as a citizen of a republic.

Did the courts really rule in favour of Prince Georg Friedrich of Prussia as being head of Germany’s last ruling family?

German law of succession to the throne

Wilhelm of Prussia, ex-crown prince, with the participation of former emperor Wilhelm II, named his second son – Louis-Ferdinand prince of Prussia (d. 1994) – as first heir (Vorerb).  After his death his eldest son (unborn in 1938) was to be the next heir (Nacherb), or, should that son not survive Louis Ferdinand, in his stead his eldest male offspring; in the absence of male issue his eldest brother (or in his stead his sons). The contract, however, made one exception to the rule on the succession of the next heir: any son or grandson of Louis-Ferdinand was ineligible to inherit if he were not the issue of a marriage made in accordance with the house laws of the house of Brandenburg-Prussia, or if he was in a marriage not in accordance with said laws (so-called ineligibility clause).

Legal disputes

This clause led to several legal disputes.

Crown of William II, Hohenzollern Castle Collection (photo Wiki Commons)
Crown of William II, Hohenzollern Castle Collection (photo Wiki Commons)

The legal question, which was a question of civil or private law, was whether the designation was valid, and the exclusion of unequally-married or -born offspring was valid. The matter decided was not “headship of the house” but inheritance of a certain estate; indeed, the term “head of  house” or some equivalent has not been decided.  The issue was a contract which set up a specific rule of transmission.  The court decided that the clause which Wilhelm had created in his testament was valid, because of the right to dispose of one’s estate. If Wilhelm had decided to impose a religious requirement, or a height requirement, or to leave his estate to his cat, the court might well have upheld it as well, because of the right to dispose of one’s estate without infringement of the personal rights of one’s offspring (see the important article of F. Velde, The Hohenzollern Succession Dispute, 1994-present).

The succession rules regarding the throne of Germany have ceased to exist when the Constitution of the German Reich (Die Verfassung des Deutschen Reiches), usually known as the Weimar Constitution (Weimarer Verfassung) came into effect. The constitution declared Germany to be a democratic parliamentary republic with a legislature elected under proportional representation and thus abolished the German Empire. Therefore, the courts of the German Federal Republic have no jurisdiction regarding the headship of the House of Hohenzollern. In the mentioned cases, the courts therefore never ruled regarding the headship. The media have not quite understood the rulings.

Conclusions

Louis Ferdinand, Prince of Prussia was the third in succession to the throne of the German Empire, after his father, German Crown Prince William and elder brother Prince Wilhelm of Prussia. The monarchy was abolished in 1918. When Louis Ferdinand’s older brother Prince Wilhelm renounced his succession rights to marry a non-royal from the lesser nobility in 1933, Louis Ferdinand took his place as the second in the line of succession to the German throne after the Crown Prince. Louis Ferdinand married the Grand Duchess Kira Kirillovna of Russia in 1938. The couple had four sons and three daughters. Their sons are listed below:

1. Prince Friedrich Wilhelm of Prussia (9 February 1939 – 29 September 2015). Sons:

  • (a) Philip Kirill Prinz von Preußen (born 23 April 1968).
  • (b) Friedrich Wilhelm Ludwig Ferdinand Kirill (born 16 August 1979).
  • (c) Joachim Albrecht Bernhard Christian Ernst (born 26 June 1984).

2. Prince Michael of Prussia (22 March 1940 – 3 April 2014).

3. Prince Louis Ferdinand of Prussia (25 August 1944 – 11 July 1977). Son:

  • (a) Georg Friedrich, Prince of Prussia (born 10 June 1976 Bremen).

4. Prince Christian-Sigismund of Prussia (born 14 March 1946). Son:

  • (a) Prince Christian Ludwig Michael Friedrich Ferdinand of Prussia (born 16 May 1986).

Louis Ferdinand’s two eldest sons (1) and (2) both renounced their succession rights in order to marry commoners. His third son, and heir-apparent, Prince Louis Ferdinand died in 1977 during military maneuvers. It is generally accepted that his one-year-old grandson Georg Friedrich Prince of Prussia (3a, son of Prince Louis Ferdinand) became the new heir-apparent to the Prussian and German Imperial throne. According to these lines, Georg Friedrich became the pretender to the thrones and Head of the Hohenzollern family upon Louis Ferdinand’s death in 1994. However, a well-found alternative viewpoint is possible.

Since about 1.000 years, the Agnatic Primogeniture rules have been used to determine the succession of headship of the House of Hohenzollern. These rules do not have any legal binding in the Federal Republic of Germany since 1919. A “headship of the House of Hohenzollern” does not exist under German law. Renouncing the headship of a family or the claim to a non-existing entity (throne), therefore does not have any legal effect in Germany. The only legal fact that German law can determine is the fact that Philip Kirill Prince of Prussia (1a) is the oldest living relative in the male line of the last German emperor. If the head of the House Hohenzollern is, analogues to customary law, defined as the last living male relative according to German law, then Philip Kirill (1a) is – from an historical (dynastic) perspective – head of the House Hohenzollern. If the head of the House Hohenzollern is defined as the man who is selected as such by some members of the family (holding a certain authority), then Georg Friedrich (3a) is head of the House. The choice of definition is a personal one, not a legal one. Head of the House cannot mean a person who inherits or has a right of inheritance in the property of a family member following the latter’s death, since this can be anyone.

The legitimacy of modern knightly orders from a theological perspective

An early 14th-century German manuscript depicting a knight and his lady.
An early 14th-century German manuscript depicting a knight and his lady.

Remembering the past is an important theme in both the Old (e.g. Hebrews 13:2-3) and New Testament (e.g. John 14:26). I am working on a research project that will have a historical focus. In particular, I would like to focus on the history of a specific Christian knightly order from a practical theological (therefore empirical) perspective and examine to what extent its Christian traditions have survived the course of time. These religiously-based Catholic societies, originally established during the medieval crusades and mostly made up of confraternities of knights, were formed to protect the Christians against foreign aggression and persecution, especially against the Islamic conquests and Baltic Paganism in Easter Europe. The original features of these societies consisted of a combination of religious and military actions. Some of the Christian knightly order, in particular the Knights Hospitaller, also cared for the sick and poor.

Since 2007, I am working on a study that focuses on the legitimacy of modern Christian knightly orders. Such orders were originally characterized as orders, confraternities or societies of knights, often founded during or in inspiration of the original Roman Catholic military orders of the medieval crusades (circa 1099-1291). They were inspired by medieval notions of chivalry, being an ethos in which martial, aristocratic and Christian elements were fused together (Stair Sainty 2006; Keen: 2005). In modern days similar (mimic) orders have been established by monarchs (or their descendants) and governments with the purpose of bestowing honors on deserving individuals. Examples of ancient knightly orders that survived in modern times are the Sacred Military Constantinian Order of Saint George and the Order of Saints Maurice and Lazarus.

The legitimacy of Christian knightly orders is discussed heavily on the internet and in literature (Stair Sainty’s book of about 2000 pages focusses on the issue). The current study is inspired by a PhD thesis of Hoegen Dijkhof (2006), addressing the legitimacy of a number of knightly orders from a historical and legal perspective. In my study I will address the issue of legitimacy from a Christian perspective. A major and often overlooked problem is the definition of both the terms legitimate and knightly order. This aspect of the problem has been raised by Velde (1996).

Activities of modern knightly orders

Modern knightly orders have abandoned their original military mission and focus on spiritual and charity activities. Normally knightly orders demand of its members that the are living their lives as Christians and remain mindful of their obligations to undertake hospitaller assistance, as well as charitable and other good works. The Spanish Constantinian Order for example stresses that it is important for members to lead a life as “perfect” Christians:

Members of the Order are expected to live their lives as perfect Christians and contribute to the increase of religious principles both by action and example. They must be faithful to the traditional teachings of the Church and regularly participate in the solemn celebration of the Liturgy according to the Ordinary and Extraordinary forms and, when appropriate, the particular local forms (notably the Ambrosian, Latin-Byzantine or Mozarabic Rites).

Henri d'Orléans, aujourd'hui comte de Paris, duc de France et actuel chef de la maison royale de France, pose pour le photographe, le 10 juin 2002 au Sénat à Paris, avant un discours officiel qu'il doit donner au Sénat à l'occasion de la présentation de son livre : "La France à bout de bras". AFP PHOTO MEDHI FEDOUACH
The French branch of the Order of Saint Lazarus enjoys its official Temporal Protection from the Royal House of France. AFP PHOTO MEDHI FEDOUACH. Other branches of the Order enjoy the protection of the Duke de Borbon Parma and the Duke of Sevilla.

The hospitaller mission is also considered of great importance. The biggest and most effective knightly order (the Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta or SMOM) has developed numerous projects in 120 countries of the world. The order organizes medical, social and humanitarian projects. The SMOM has 13,500 members, 80,000 permanent volunteers and qualified staff of 25,000 professionals, mostly medical personnel and paramedics (SMOM website, 2016). The SMOM’s relief organisation in South Africa, the Brotherhood of the Blessed Gerard, focusses on AIDS patients (mostly children) and runs a hospice in KwaZulu-Natal.

The historical foundations of the knightly orders and their current activities show that the Christian inspiration is one of the most important aspects and characteristic of Christian knightly orders. This inspiration is manifested by the hospitaller activities that Christian knightly orders promote. It is unthinkable that a modern Christian knightly order lacks Christ-inspired hospitaller activities.

The case study in my research will focus on the Military and Hospitaller Order of Saint Lazarus of Jerusalem, also known as Order of Saint Lazarus. The legitimacy of this Order has been heavily disputed by Stair Sainty (2006). Stair Sainty states:

The Order of Saint Lazarus, although it is to be complimented for its considerable charitable efforts (notably in Germany), need not pretend to an historical continuity to which its claims, at the very least, are unsubstantiated. Were it to assume the character of a private association, founded in 1910, to emulate the traditions of the ancient crusader Order, it could deflect much of the hostility it has attracted from those bodies which can be more properly characterized as Orders of Knighthood, founded by Papal Bull or Sovereign act or charter. Without such authority behind it, it is difficult to find any justification for this body’s claim to be considered an Order of Chivalry. Private individuals do not have the authority to form Orders, at least none that will be generally recognized.

It therefore serves as an interesting case study for the legitimacy of a knightly order from a Christian perspective.

Research questions

  • What is the background of the Order of Saint Lazarus and how did its history develop?
  • Which kind of goals are selected by the most well-known Christian knightly orders to help and support people who are in distress and which goals are specified amd implemented by the Order of Saint Lazarus?
  • Can the goals of the Order of Saint Lazarus and their implementations be considered effective?
  • To what extent is the Order of Saint Lazarus’ smart-strategy and its implementation of this strategy, Bible-based and therefore legitimate from a Christian perspective?

Literature Review

Adams, J.E. (1986). A Theology of Christian Counseling, More Than Redemption, Grand Rapids: Zondervan.

Anderson, R.S. (2003). Spiritual Caregiving as Secular Sacrament, A Practical Theology for Professional Caregivers, London: Jessica Kingsley Publishers.

Baljon, J.M.S. (1900). Commentaar op het Evangelie van Mattheus. Groningen: J.B. Wolters

Bruggen, J. van (1993), Lucas. Het evangelie als voorgeschiedenis. Kampen: Uitgeverij Kok.

Bruggen, J. van (2004), Matteüs, Het evangelie voor Israël, Kampen: Kok.

Brotherhood of the Blessed Gerard (2008). Retrieved 15 January 2008 from http://bbg.org.za/index.htm.

Grossheide, F.W. (1954). Het heilig evangelie volgens Mattheus. Kampen:   Uitgeversmaatschappij J.H. Kok

Hampton Keathley III, J. (1996), One Another’ commands of Scripture. Biblical Studies Press. Retrieved from http://www.bible.org/series.php?series_id=71 .

Heitink, G. (1993). Praktische theologie, geschiedenis, theorie, handelingsvelden. Kok: Kampen

Hoegen Dijkhof, H.J., The legitimacy of Orders of St. John : a historical and legal analysis and case study of a para-religious phenomenon, 2006 Doctoral thesis, Leiden University.

Keen, M.H., Chivalry, Yale University Press, 2005

Klein, H. (2006), Das Lukasevangelium, übersetzt und erklärt, Goettingen: Vandenhoeck & Ruprecht. 2006

Order of the Hospital of St John of Jerusalem (2016a) website retrieved 10 July 2016 http://www.saintjohn.org/who/Chivalry

Order of the Hospital of St John of Jerusalem (2016b) website retrieved 10 July 2016 http://www.stjohn.org.za/About-Us/What-We-Do

Stair Sainty, G., World Orders of Knighthood and Merit, 2006 Burkes Peerage.

Velde. F., Legitimacy and Orders of Knighthood, (retrieved 14 July 2016) http://www.heraldica.org/topics/orders/legitim.htm

Watke, E. (1992). “Biblical Couseling Seminar Material”. Retreived on 21 July 2008 from http://www.ntslibrary.com/PDF%20Books/Biblical%20Counseling.pdf

Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta, website https://www.orderofmalta.int/humanitarian-medical-works/ 2016)

Wierzbicka, A. (2001). What did Jesus Mean? Explaining the Sermon on the Mount and the Parables in Simple and Universal Human Concepts. Oxford: Oxford University Press.

Legal opinion: To what extend can the Hungarian title of “vitéz” be seen as a designation of nobility?

Order of Vitéz Breast Badge, bronze gilt, 57x36 mm, one side enameled, multipart construction, reverse with two clasps
Order of Vitéz Breast Badge, bronze gilt, 57×36 mm (photo: sixbid.com).

Legal Question

The Order of Vitéz, founded in 1678, revived in 1920 by Hungarian Regent Horthy, and abolished by the Soviet-imposed Communist government of Hungary in 1946, has been an important symbol of Hungary’s historic commitment to independence and territorial integrity. It is often assumed that “the Regent had no powers to grant nobility, nor did he try” (e.g Wikipedia) and that therefore the title of vitéz cannot be seen as a title of nobility. Is this assumption correct?

The Order of Vitéz

This Hungarian Order was initially founded in 1678 by Count Imre Thököly de Késmárk, (1657-1705), a Hungarian nobleman, who lead a rebellion against Leopold I of Austria. This Holy Roman Emperor suspended the Constitution and placed Hungary under a Directorate headed by the Grand Master of the Teutonic Order. Thököly gathered behind him a force of disaffected Hungarians. This group was mainly composed of disbanded soldiers and peasants. Thököly’s followers were known as kuruc (crusaders). This  designation was also given to the followers of another rebel leader, György (George) Dózsa (1470-1514).

The Order of Vitézi was re-established (Prime Ministerial Decree number 6650 of 1920, 6650/1920 M.E. in Hungarian usage, included as paragraph no 77 in the land reform act, Law XXXVI of 1920) by His Serene Highness the Regent of the Kingdom of Hungary Miklós vitéz Horthy de Nagybánya. The Hungarian state was legally a kingdom, although it had no king. The Entente powers would not have tolerated any return of the Habsburgs. Horthy’s objective was to form an organization with strong national dedication in order to contribute to the stability of Hungary after the first world war. By 1943 about 14.000 vitéz designations were issued.

The treaty signed between the Soviet Union and Hungarian Government of National Unity in Moscow on 20 January 1945, included a list of organisations that were not allowed to be re-established under Soviet rule. The National Council of Vitéz, governing the Order, was placed on this list (Prime Ministerial Edict no. 1945/529).

The current Order of Vitézi, lead by HIRH Archduke Josef Arpád of Austria, is considered by the International Commission on Orders of Chivalry as the legitimate successor of the founder (HSH Miklós v. Horthy de Nagybánya) of the Knightly Order of Vitéz.

Title of vitéz

The word ‘vitéz‘ in late 19th and early 20th century Hungarian usage, meant ‘knight‘, or ‘hero‘. In the South Slavic languages; Bosnian, Croatian, Slovenian, Serbian and Macedonian, the word “vitez” literally means knight. In German, the title can be compared to “Ritter von” (Orden und Ehrenzeichen – Das Magazin für Sammler und Forscher, BDOS Jahrbuch 2003, p. 24). Therefore, the term “Vitézi Rend’ can be translated as ‘Order of Knights’. During Horthy’s reign, the title was recorded in official papers, for instance in birth, marriage or death certificates, and was usually written as ‘v.’ in front of the surname. In Hungary, the surname precedes the Christian name. In an honourable discharge document of a officer, the vitéz order is not mentioned as an award but as a title added to the name (Erik Naberhuis, The Hungarian Vitéz Order, 2005). Admission into the Order was accompanied by a land grant of 40 cadastral holds to an officer, 8 cadastral holds to other ranks based on need (1 cadastral hold = c. 1.43 acres). The honour of Vitéz was hereditary, and the grants (title, badge and land grant) were to be passed on by the recipient to his eldest son.

Hungarian law regarding noble titles

1929
The knighting ceremony pictured above took place in 1929 in Székesfehervar, at the ruins of the original church where the early kings of Hungary were crowned and buried. The new vitéz’ were knighted with a sword, especially designed for the ceremony. This sword is now on display in the Military Museum of Hungary in Budapest.

Horthy was internationally recognised as His Serene Highness the Regent of the Kingdom of Hungary (and addressed as such by e.g. the United States).  He was head of state and appointed to administer the state because the monarch was absent. There are – next to Horthy’s vitéz order – other examples of regents who founded orders, such the Royal Guelphic Order (also known as the Hanoverian Guelphic Order) by George, Prince Regent in the name of his father King George III in 1815. In France, nobility and hereditary titles were abolished by the Revolutions of 1789 and 1848, but hereditary titles were restored by decree in 1852 and have not been abolished by any subsequent law. In order to grant noble titles it is not necessary to be a royal head of state. Therefore, theoretically, the President of the Republic could, in his capacity as head of state, create titles of nobility. The same counts for Horthy’s Hungary. It is not relevant that Horthy was not a king. He was head of state of a Kingdom.

In Hungarian law, Act IV of 1947 on the abolition of certain titles and ranks has abolished all Hungarian noble ranks and titles and prohibited their future bestowal. Article 1. § (1) of the Act declares annulment of the Hungarian aristocratic and noble ranks, such as duke, marquis, earl, baron, noble, primor, and primipilus (“lófő“). Article 3. § (1) prohibits the use of rank titles mentioned in 1. §. Furthermore, it explicitly forbids the use of the “vitéz” (“valiant”) title. § (2) prohibits the use of nobiliary particles, coats of arms, insignias or the use of any expressions referring to descent from a noble clan (“de genere“). § (3) forbids the use of honorifics referring to ranks or titles abolished by this Act, such as “főméltóságú” (His/Her Serene Highness), “nagyméltóságú” (His/Her Excellency), “kegyelmes” (His/Her Grace), “méltóságos” (The Honourable), “nagyságos” (The Worshipful), “tekintetes“, “nemzetesetc.

The Act of 1947 remains in force today, although it does not contain any explicit sanctions in case the law is not observed. Act I of 2010 on the Civil Registry Procedure prohibits the registration of titles and ranks which would be contrary to Act IV of 1947 [55. § (1a)]. The 1947 Act has survived two challenges before the Hungarian Constitutional Court (HCC) in 2008 [Decision 1161/B/2008] and in 2009 [Decision 988/B/2009]. The Court has held in the 2008 decision that the prohibition of ranks and titles is intended to guarantee the equality of Hungarian citizens, as any discrimination based on hereditary titles and ranks would be contrary to the values of a democratic state and society based on equality; the Act itself is based on a firm set of values that forms an integral part of the values deductible from the Constitution [specifically Article 70/A paragraph (1) of the Constitution of Hungary at that time (Act IV of 1949)]. In the 2009 decision the HCC has found that the 1947 Act is not contrary to human dignity (the petitioner had claimed that the right to bear a name, which is deductible from human dignity, had been infringed by the Act), as nobility titles did not form official parts of a name, and that the state had the right to decide what it accepts as part of name and what it does not. The HCC has also referenced these decisions following the entry into force of the Fundamental Law of Hungary (2011, replacing the previous Constitution) in a recent decision [27/2015 (VII. 21.)] (Ágoston Mohay – Norbert Tóth, What’s in a name? Equal treatment, Union citizens and national rules on names and titles, working paper, University of Pécs, 2016, p. 9).

Conclusions

Members of the Vitéz Order are addressed as “nemzetes úr/asszony”, in German: “Edler (-e) Herr/Dame”. Members with non-Hungarian names used to add the nobility suffix “-y” or “-i”.  The characteristics of the vitéz capacity (hereditary, estate-related, the touch on the vitéz‘ shoulders with the sword at the bestowing of his knighthood, the title/suffix, the registration as a title instead of award in official papers and the emblem) are in full accordance with a title of nobility as we know it in for example the United Kingdom. The Act IV of 1947 also places the title on the same level as the noble titles. It is therefore not correct to say that the vitéz title is not a title of nobility. In the context of the mentioned Act, the history of the Order, its characteristics, and the recent Hungarian court decisions, the vitéz title should – from a historical perspective – be seen as a noble title. It is not recognized by the Hungarian state.

Sources

Legal opinion: Lines of succession to the former Russian Empire

Background

The Russian Imperial Romanov family (Tsar Nicholas II, his wife Tsarina Alexandra and their five young children Olga, Tatiana, Maria, Anastasia, and Alexei) were brutally murdered in Yekaterinburg on 17 July 1918. The Tsar, his family and some servants were shot, bayoneted and stabbed in a room of the “House of Special Purpose of the Ural Soviet Committee” by Bolshevik troops led by Yakov Yurovsky under the orders of the Ural Regional Soviet. Therefore, the last Tsar does not have any living descendants. There exist however, a number of claimants to the former Russian throne. In this article I will examine the legality of these claims.

Branches

St. George's Hall, Grand Kremlin Palace. President Vladimir Putin with Prince Dmitri Romanovich of Russia and his spouse at a state reception devoted to National Unity Day. (Source: Wikipedia)
St. George’s Hall, Grand Kremlin Palace. President Vladimir Putin with Prince Dmitri Romanovich of Russia and his spouse at a state reception devoted to National Unity Day. (Source: Wikipedia)

Since 1992, the Headship of the Imperial House of Russia has been claimed by two branches of the Romanov family: the Vladimirovichi Branch and the Nikolaevichi branch. The Vladimirovichi branch descends of Tsar Alexander II (1818-1881),  the successor son of Tsar Nicholas I. The Nikolaevichi branch descends from Grand Duke Nicholas Nikolaevich of Russia (1831–1891), who was the third son and sixth child of Tsar Nicholas I of Russia and Alexandra Feodorovna.

I. Tsar Nicholas I (1796-1855) x Princess Charlotte of Prussia (1798-1860). Nicholas was born in Alexander Palace, Saint Petersburg, Russian Empire, the eldest son of Emperor Alexander III and Empress Maria Feodorovna of Russia (formerly Princess Dagmar of Denmark). Emperor Alexander III was born on 10 March 1845 at the Winter Palace in Saint Petersburg and succeeded this father Emperor Alexander II of Russia. Alexander II succeed Tsar Nicolas I, son of Paul I and Sophie Dorothea of Württemberg.

Children:

II a. Tsar Alexander II (1818-1881) x Princess Marie of Hesse (1824-1880). Son: Grand Duke Vladimir Alexandrovich (1847-1909) X Duchess Marie of Mecklenburg-Schwerin (1854-1920) -> Vladimirovichi branch

II b. Grand Duke Nicholas Nikolaevich (1831-1891) x Princess Alexandra of Oldenburg (1838-1900) -> Nikolaevichi branch

Claimants

Vladimirovichi branch(es)

I. Cyril (Kirill) Vladimirovich, (Кирилл Владимирович Рома́нов), born 12 October [O.S. 30 September] 1876 – deceased 12 October 1938), Grand Duke of Russia (assumed the Headship of the Imperial Family of Russia and, as next in line to the throne in 1924).

HIH Grand Duchess Maria Vladimirovna, Pope Benedict XVI and Grand Duke George Mikhailovich (Source: Paul Gilbert).
HIH Grand Duchess Maria Vladimirovna, Pope Benedict XVI and Grand Duke George Mikhailovich (Source: Paul Gilbert).

II a. Maria Kirillovna (1907–1951), eldest daughter of Kirill Vladimirovich (I). She was born in Coburg when her parents were in exile because their marriage had not been approved by Tsar Nicholas II. The family returned to Russia prior to World War I, but was forced to flee following the Russian Revolution of 1917.

III. Emich, 7th Prince of Leiningen (1926-1991), titular Prince of Leiningen from 1946 until his death, x Eilika of Oldenburg.

IV. Prince Karl Emich of Leiningen.

II b. Vladimir Cyrillovich, (Влади́мир Кири́ллович Рома́нов) born 30 August [O.S. 17 August] 1917 – 21 April 1992), claimed the Headship of the Imperial Family from 1938 to his death, Grand Duke of Russia (1938–1992).

III. Maria Vladimirovna (Мари́я Влади́мировна Рома́нова), born 23 December 1953 in Madrid), has been a claimant to the headship of the Imperial Family since 1992 Grand Duchess of Russia (1992–present).

IV. Grand Duke George Mikhailovich of Russia

Nikolaevichi branch

I. Nicholas Romanov, Prince of Russia (1992–2014)

II. Prince Dimitri Romanovich of Russia (2014–present)

III. Prince Andrew Andreevich (born 1923)

 Applicable law

Karl Emich of Leiningen signs an address to Vladimir Putin aksing permission to assign a land in Ekaterinburg for creation of the Sovereign State Imperial See (Source: Wikipedia).
HSH Karl Emich Prince of Leiningen signs an address to Vladimir Putin aksing permission to assign a land in Ekaterinburg for creation of the Sovereign State Imperial See (Source: Wikipedia).

The Russian laws governing membership in the imperial house, succession to the throne and other dynastic subjects are contained in the Fundamental State Laws of the Russian Empire and the Statute of the Imperial Family (codification of 1906, as amended through 1911). These laws, referred to collectively as “the succession laws” in this essay, are sometimes described as “the Pauline law”, because their original version was promulgated in 1797 by Emperor Paul I.

At the present time, not one of the Emperors or Grand Dukes of Russia has left living descendants with unchallengeable rights to the Throne of Russia. When marrying a foreigner of Equal Rank, or member of a Reigning Family, family members were obliged to renounce their and their issue’s rights to the succession to the Throne of Russia.

Since 1917 the Russian Empire and its laws regarding social classes ceased to exist (Central Executive Committee and the Council of People’s Commissars, Decree on the Abolition of Social Estates and Civil Ranks, 10 November  1917):

  1. All classes and class divisions of citizens, class privileges and disabilities, class organizations and institutions which have until now existed in Russia, as well as all civil ranks, are abolished.
  2. All designations (as merchant, nobleman, burgher, peasant, etc.), titles (as Prince, Count, etc.), and distinctions of civil ranks (Privy, State, and other Councilors), are abolished, and one common designation is established for all the population of Russia-citizen of the Russian Republic.
  3. The properties of the noblemen’s class institutions are hereby transferred to corresponding Zemstvo self-governing bodies.
  4. The properties of merchants’ and burghers’ associations are hereby placed at the disposal of corresponding municipal bodies.
  5. All class institutions, transactions, and archives are hereby transferred to the jurisdiction of corresponding municipal and Zemstvo bodies.
  6. All corresponding clauses of the laws which have existed until now are abolished.
  7. This decree becomes effective from the day of its publication, and is to be immediately put into effect, by the local Soviets of Workmen’s, Soldiers’, and Peasants’ Deputies.

Conclusions

In addition to the abolishment of the public laws regarding social classes, none of the current Romanov family members has unchallengeable rights to the Throne of Russia according to the Pauline Laws. Therefore the headship of the House of Romanov remains a political matter that cannot be determined from a legal perspective. The only authority that can restore the rights to the Russian throne is the Russian Federation. In my opinion, the imperial nobility and the titles it awarded may theoretically remain valid but for the Russian Federation they are quasi foreign.

Sources

Links

Legal Opinion: The Fons Honorum of the House of Paternò Castello

Antonino Paternò Castello, Marquis di San Giuliano (Catania, 9 December 1852 - Rome, 16 October 1914), Italian diplomat and Minister of Foreign Affairs.
Antonino Paternò Castello, Marquis di San Giuliano (Catania, 9 December 1852 – Rome, 16 October 1914), Italian diplomat and Minister of Foreign Affairs.

1. Introduction

It may be safely said that the legitimate claimants to the headship of formerly reigning families can continue the prerogative to award their dynastic Orders and, to the extent that the last constitutions of those particular monarchies so permitted, enjoy the right to create or confirm titles of nobility. From a historical point of view, such creations should be in accordance with the legal requirements established before the fall of the monarchy. This may be a problem because it may not always be possible for a head of a dynasty to comply with the precise requirements of the dynastic law. The disappearance of an historic office or position however, is a fact that does not stand in the way of exercising the ancient dynastic rights, since these rights are connected to a specific family. To the extent that it is possible and practical, such requirements should be met and the various acts properly recorded (see for example: W.H. Jones, Granting of Orders and Titles by H.M. King Kigeli V of Rwanda) in order to make the awards of Orders and titles in accordance with its historical origin and therefore acceptable.

This article examines the Sovereign right (fount of honour or in Latin: fons honorum) to grant noble titles (see appendix) and create and administrate dynastic orders of three members of the well known Sicilian House of Paternò Castello, more in particular of prince Roberto II Paternò Castello and his two sons, the princes Francesco and Thorbjorn Paternò Castello. The House of Paternò claims dynastic rights regarding the ancient kingdoms of Aragon, Majorca, Sicily, Valencia and Sardinia. In an earlier article I studied what is meant by a person having the fons honorum to grant e.g. titles. The research question of this article is: to what extend do Roberto II Paternò Castello and his two sons have the right to grand titles of nobility and the right to administer dynastic knightly orders? My approach will be to examine the relevant documents and literature and to answer the question from both a historical (legitimate) and legal point of view.

2. Family background

The House of Paternò Castello is among the most prominent historical families of Italy. Over the course of the centuries the family held more than 170 main fiefs. The Paternò family were Peers of the Realm in Sicily until 1860, when the Kingdom of Sicily was annexed by the Kingdom of Sardinia to form the Kingdom of Italy in 1861. Since the beginning of the 18th century members of the family possessed five hereditary seats in the Sicilian Parliament.

Palazzo Biscari, a private palace in Catania, Sicily, was built by will of the Paternò Castello family, the princes of Biscari, starting from the late 17th century, lasting for much of the following century.
Palazzo Biscari, a private palace in Catania, Sicily, was built by will of the Paternò Castello family, the princes of Biscari, starting from the late 17th century, lasting for much of the following century.

The House of Paternò traces its origins to Prince Robert of Embrun and to the Sovereign House of Barcelona and Provence. The family arrived in Sicily in 1060 as part of the entourage of King Roger, seizing the castle of Paternò and assumed its name. The family obtained numerous honors and titles of nobility (see: Libro d’oro della nobiltà italiana). Amongst the principal titles of nobility held by the house of Paternò are: Princes of Biscari, Sperlinga (1627), Manganelli, Val di Savoja e Castelforte (1633); Dukes of Carcaci (1723), Furnari (1643), Giampaolo, Palazzo (1687), Paternò, Pozzomauro e San Nicola; Marquises of Capizzi (1633), Casanova, Desera (1806), Manchi, Regiovanni, Roccaromana, San Giuliano (1662), Sessa, del Toscano; Counts of Montecupo (1772); Barons of Aliminusa, Aragona, Spedolotto Alzacuda, Baglia e Dogana di Milazzo, Baldi, Belmonte, Bicocca, Bidani, Biscari, Burgio, Capizzi, Castania e Saline di Nicosia, Cuba, Cuchara, Cugno, Donnafugata, Ficarazzi, Gallitano, Gatta, Graneri, Imbaccari e Mirabella, Intorrella, Manchi di Bilici, Mandrile, Manganelli di Catania, Marianopoli, Mercato di Toscanello, Metà dei Terraggi di Licata, Mirabella, Motta Camastra, Murgo, Nicchiara, Officio di Mastro Notaro della Corte Capitaniale di Catania, Oxina, Placabaiana, Poiura, Porta di Randazzo, Pollicarini, Pozzo di Gotto, Raddusa e Destri, Ramione, Ricalcaccia, Salamone, Salsetta, San Giuliano, San Giuseppe, Sant’ Alessio, Scala, Schiso, Sciortavilla, Solazzi, Sparacogna, Spedalotto, Terza Parte della Dogana di Catania, Toscano; Lords of Baglio, Collabascia, Erbageria, Gallizzi, Mandrascate, Sciari, Sigona, del jus luendi of Camopetro (see: Libro d’oro della nobiltà italiana and real-aragon.org).

3. Criticism

The fons honorum of the House of Paternò is heavily challenged by Guy Stair Sainty, stating that as a junior member of a junior branch of the family don Roberto has no right to claim any prerogative pertaining to its chief, whether or not such prerogative actually exists (Guy Stair Sainty and Rafal Heydel-Mankoo, World Orders of Knighthood and Merit 2006).

In 1973 Lt Col Robert Gayre published a booklet in which he states that “certain observations should be made which, in our opinion, destroy completely these historical claims. The Papal legitimation which is brought forward to allow the desired descent was, in itself, insufficient to transfer any title to the Crown of Aragon. Furthermore, as Aragon dit not have the Salic law, the descent of  the crown could pass through a female line. Consequently, even if the legitimization had put Don Pedro Sancho into the line of succession, that succession would have gone through a female line on the extinction of the male descent – and so to the house of Paternò would have been out of succession in any case.”. (…) It is clear that no matter how distinguished is the house Paternò, it cannot claim to be the heirs of the Kingdom of the Balearic Isles or of Aragon.” (Lt Col R. Gayre of Gayre and Nigg, A Glimpse of the Chivalric and Nobiliary Underworld, Lochore Enterprises (Malta) Ltd. Valetta, Malta, pp. 27-28).

Therefore, the question arises if the Paternò claims can be taken seriously (both legitimate and legal).

4. Legitimacy of the claims

The Crown of Aragon became part of the Spanish monarchy after the Marriage of Isabella I of Castille and Ferdinand II of Aragon in 1469. This dynastic union laid the foundations for the kingdom of Spain. It is considered a de facto unification of both kingdoms under a common monarch. The Decretos de Nueva Planta (promulgated between 1707 and 1715) ended the kingdoms of Aragon, Valencia and Mallorca and the Principality of Catalonia, and merged them with Castile to officially form the Spanish kingdom (I. Ruiz Rodríguez, Apuntes de historia del derecho y de las instituciones españolas, Dykinson, Madrid, 2005, p. 179; Albareda Salvadó, Joaquim, (2010). La Guerra de Sucesión de España (1700-1714). Barcelona: Crítica. pp. 228–229. ISBN 978-84-9892-060-4). The Decretos de Nueva Planta were a number of decrees issued between 1707 and 1716 by Philip V, king of Spain (grandson of Louis XIV, during and shortly after the end of the War of the Spanish Succession by the Treaties of Utrecht (1713-1714). An important document in this respect is the will of James I.

Recognitions of the claims

At the end of the 18th Century, Ignazio Vincenzo Paternò Castello, prince of Biscari, a man who took a deep interest in history (see: Giuseppe Guzzetta, Per la gloria di Catania: Ignazio Paternò Castello Principe di Biscari), , made a visit to the Balearic Islands. The notes he made during this visit were the basis of the investigations of Francesco, duke of Caraci, in the succeeding century. The events that followed are described by the website real-aragon.org as followed (documents retrieved from mocterranordica.org):

A family conclave, on the initiative of the Duke of Carcaci Don Francesco Paternó Castello e Sammartino, was called on the 14th of June 1853, and held in Palermo in the palace of the Marchese di Spedalotto, head of one of the more senior branches of the family. After a review of the relevant evidence and a wide-ranging discussion, it was the finding of the conclave that the royal rights, which had been the subject of the debate, should be confirmed as belonging to Don Mario, son of the Duke of Carcaci’s younger brother Don Giovanni and his wife Donna Eleonora Guttadauro of Emmanuel Riburdone, the heiress of the House of Guttadauro. This conclusion which had in fact already received the assent of King Ferdinand II of the Two Sicilies (in whose realm they resided), subject to ratification by the conclave, was reached on the recognition that Don Mario alone had the royal blood of Aragon in his veins from two sources, through the separate descents of both his mother and his father from King James the Conqueror. A family pact was then signed, registered on 16 June 1853 and sealed in the Chamber of Seals and Royal Registers of the Kingdom of the Two Sicilies. It was decreed that during the minority of Don Mario, his father Don Giovanni should be Regent.

Important documents in this respect are the book “L’Ordine del Collare” by the 7th duke of Carcaci, Don Francesco Maria Giuseppe (1786–1854), 1849/51; the funeral eulogy for the 7th duke of Carcaci,  by Francesco Tornabene, 1854; the letter from the Attorney General of 18 May 1851 and the circular from the governor of the province of Catania, 30 March 1853.

The sealing of the family pact was but one of a series of events following the death of the last Prince of Cassano which determined and confirmed the dynastic rights of the House of Paternó Castello Guttadauro. The final endorsement came on 2nd February 1860 when the Royal Commission for Titles of Nobility recommended to the new king Francis II that a petition by the Most Excellent Lord Don Mario Paternó Castello Guttadauro of the Dukes of Carcaci be granted. The petition was that the Prince should receive all confirmation of the Sovereign’s assent for those “chivalrous distinctions” which he wished to bestow. On 11th February 1860 the king approved the recommendation of the Royal Commission and directed the Secretary of State for Sicilian Affairs to give effect to his approval.

Important documents in this respect are the communication of the Royal Secretary of State, Palermo, 8th March 1860, the decree of H.M. Francesco II, Gaeta, 16 September 1860 and the verification of authenticity regarding the decree, from the City of Padova

The designated Regent, Don Giovanni, worked vigorously to assert the dynastic rights of the family. In doing so he was crowning the work of his elder brother the great Duke of Carcaci who had died in 1854, having spent his life establishing his family’s Royal dynastic rights and regulating the succession.

This series of events shows that a number of members of the family established recognized claims regarding the dynastic rights of ancient independent kingdoms in Italy and Spain.

Succession

The line of succession is claimed by the House of Paternò as follows: After the death of the last Prince of Cassano the heads of the different branches of the Paternò family met in family council at Palermo and recognised that the family’s royal rights were vested in Don Mario Paternò Castello Guttadauro d’Emmanuel of Don Giovanni Paternò Castello iure maritale Prince of Emmanuel (son of Don Mario Guiseppe IV Duke of Carcaci) and his wife Eleanor Guttadauro, last of the house of the Princes of Emmanuel and herself a descendant of the Kings of Aragon (real-aragon.org). The succession of the claim follows both the male and the female line:

  • 1859-1906 Mario I Paternò Castello, Prince of Emmanuel, m. Anna Spitaleri e Grimaldi of the Barons of Maglia and had issue:

1.  Giovanni (-1900) sp.
2.  Felice (-1880) sp.
3.  Enrico Prince of Emmanuel d. 1908 and was succeeded by his sister
4.  Eleanora who succeeded her brother

  • Eleanora Paternò Castello, princess of Emmanuel  m. 1906 her second cousin Roberto I Paternò Castello, Regent 1908-1934 B. of Francesco Mario I (1850-1915) 9th duke of Carcaci and had issue:
  • Francesco Mario II Paternò Castello,  prince of Emmanuel (1913-1968) succeeded when of age in 1934 m. (1) 1932 Angela Reboulet and had issue:
  • Roberto Enrico Francesco Mario Gioacchino Paternò Castello (1937-1996) married (1) Maria of the counts Fattori and has issue:

1.  Aurora (1962-), Duchess of Palma
2.  Francesco Nicola Roberto Paternò Castello (1964-), duke of Gerona m. on Jul 1990 Nob Guiseppina Campesi. Issue:

– Maria b. and d. 17 Mar 1991
– Roberto b. 15 Jul 1992 Duke of Palermo;
– Domenico b. 4 May 2001 Duke of Ayerbe

Prince Roberto m. (2) Bianca Monteforte (1948-1990), marchioness of Montpellier and had issue:

1.  Thorbjorn Paternò Castello (1976-), duke of Valencia

Don Roberto Paternò Castello abdicated in favor of his first son as well as in favor of his second son. To his first son (Francesco) he left the claims to the prerogatives the ancient kingdoms of Aragon, Majorca and Sicily. To his second son (Thorbjorn) he left the claims to the prerogatives of the ancient kingdoms of Valencia and Sardinia (see documents below).

Following these lines of succession, the legitimacy of the fount of honor of the House of Paternò in present circumstances is backed by the prestige of being a descendant in the female line of the early rulers of the ancient kingdoms of Aragon, Majorca, Sicily, Valencia and Sardinia, as well as the recognition of the fount of honor by the King of the Two Sicilies.

5. Legality of the claims

The pretensions of the House of Paternò Castello where also investigated more than once by various judicial courts in the 20th and 21st centuries. The little known 20th century cases were described as an example of the concept of fons honorum in and important Leiden PhD-thesis of Dr. Hans J. Hoegen Dijkhof. This section of the present article is also based on this thesis.

The Fount of honour and the power to grant nobility played a role in the various Paternò cases in Italy. On 1 April 1952, the ‘Pretura Unificata di Bari’, evidently a court of first instance in criminal cases, had to decide a criminal case against a certain Umberto Z., a resident of Bari, who had publicly presented himself as Count of St. Ilarico. Z. was prosecuted for violating article 496 of the Italian Penal Code, as he was denounced by an anonimous person for having committed this crime.

Important document: judgment of the Court of Bari (13 March 1952).

Retaining the Fons honorum
His decisive defense was inter alia that this title had been validly conferred upon him by the ‘Prince Emanuel Francesco Mario Paternò Castello di Caraci’. It appeared after a full investigation of all relevant documents by the Court, that this Prince belonged to one of the first families of Sicily, a family who are descendants of William I, the Conqueror, descendants of the Counts of Gascogne, the Kings of Navarre and Castil and that the Prince was a direct descendant of the Kings of Mallorca and the Baleares and was still Pretender to this throne. The Court found that on these grounds, he had retained his full rights of fons honorum, which meant according to the Court, that he had the power to nobilitate, to grant and confirm coats of arms and to award predicates, taken from places in which his ancestors in fact had exercised sovereign powers, not to mention his right to constitute, resuscitate, reform and exercise the ‘Grand Magistry’ of the chivalric Orders of the dynasty, which are passed from father to son as an insupprimable heredity of birth, which in the ascendants of the Prince had found in fact also a confirmation by Francesco II of Bourbon, King of the Two Sicilies, in 1860. Z. was acquitted.

Legitimate power to grant honours
Then it was the Prince’s own turn. He was denounced on 14 July 1958 and prosecuted, as a resident of Brunate, before and condemned on 29 May 1962 by the ‘Pretore of Monsummano Terme’, the competent judge in first instance, to 4 months and 15 days imprisonment for having allegedly conferred false titles to a number of persons (Article 81 of the Penal Code and article 8 of Law 3.3.51 N.178.) but he was acquitted of several connected alleged counts (Articles 81cpv 640, 56, 640 of the Penal Code) for lack of evidence. He appealed with the ‘Tribunale di Pistoia’ and on 5 June 1964, this court of appeals confirmed his acquittal in first instance and annulled his condemnation in first instance. Basically, the Court said that the conferment to and acceptance of foreign honours, the honours conferred being foreign, by Italian citizens, was legal, while only the public use of these honours by Italian citizens was subject to authorisation by the President of the Republic, to properly safeguard the merits reserved to and represented by the honours bestowed by the Italian State. The Court had also investigated the fons honorum of the Prince and had found that he was the legitimate possessor of this faculty, which according to the Court was an expression of the honorific power of his house, which had been conserved by family tradition and had not suffered ‘debellatio’, the forced surrender of power. He was therefore entitled to grant the honours given by him, because the Court deemed that he had the legitimate power to grant these honours.

Important document: judgment of the Appeal Court in Pistoia (5 June 1964).

The quote from the website of the Corpo della Nobiltà Italiana Circolo Giovanilegt, section ‘Alcune domanda sulla nobiltà’, dated 24 December 2004, may further elucidate this point.

The Public Prosecutor did not institute cassation and it was therefore definitively established between the Italian State and the Prince that the Prince or his direct descendants, by using their fons honorum, can validly confer noble titles.

The courts involved had consulted independent experts who provided concurring opinions in arriving at their judgments. In this connection, reference can also be made to the well known legal  notion of res judicata (the principle that a matter may not, generally, be relitigated once it has been judged on the merits), which is based on the principle of public order of lites finiri oportet, the policy that there must be an end to litigation

6. Conclusions

Some critics regarding the dynastic claims of the House of Paternò lack objectivity. Their statements often do not express the idea that judging the Paternò-claims should not be influenced by particular perspectives, value commitments, community bias or personal interests, to name a few relevant factors. Stair Sainty’s remarks however are fully understandable. The question whether as a junior member of a junior branch of the family don Roberto had the right to claim any prerogative pertaining to its chief can be answered from both a legitimate and a legal point of view. From a legitimate perspective there are a number of cases where a junior branch came to eclipse more senior lines in rank and power, for example the Kings of Prussia and German Emperors who were junior by primogeniture to the Counts and Princes of Hohenzollern, and the Electors and Kings of Saxony who were a younger branch of the House of Wettin than the Grand Dukes of Saxe-Weimar. It is clear that the senior members of the House do not claim the any rights regarding the former kingdoms of Aragon, Majorca, Sicily, Valencia and Sardinia. Therefore it is perfectly legitimate that members of a cadet branch of the House pursue these claims.

Robert Gayre’s remarks concern the succession in the female line. He claims that succession is not possible in the female line. The House of Paternò’s claim is in accordance with the agnatic (or semi-Salic) succession, prevalent in much of Europe since ancient times. This succession is reserved first to all the male dynastic descendants of all the eligible branches by order of primogeniture, then upon total extinction of these male descendants to a female member of the dynasty. Former monarchies that operated under semi-Salic law included Austria (later Austria-Hungary), Bavaria, Hanover, Württemberg, Russia, Saxony, Tuscany, and the Kingdom of the Two Sicilies. Now that it clear that no male successors of the former kingdoms of Aragon, Majorca, Sicily, Valencia and Sardinia exist, the succession in the female line should also be considered as legitimate.

Over the last 60 years at least two independent judicial courts came to the conclusion that the fount of honor of the House is valid. It is very rare that the fons honorum of a family is backed by judicial decisions. As a matter of fact, the House of Paternò is one of the few royal Houses whose pretensions are not only raised by the family but also declared valid by the courts.

It is therefore surprisingly that in the 21st century the claims were again challenged in court in a matter regarding an interlocutory freezing order by an Italian public prosecutor. The seizure was lifted because the court (again) confirmed the fons honorum of the House of Paternò.

Important documents: Tribunale Ordinario di Roma dated 19 December 2013 and  A. Squarti Perla, Sulla sovrana prerogativa come patrimonio famigliare dinastico-titolarità delle sovrane prerogative e del patrimonio araldico della famiglia ex regnante spettanti, jure sanguinis, al re spodestato, purché non debellato, in «Studi della real casa di Savoia», Torino 2007..

The court explicitly states (appendix 2):

Well, on the basis of the voluminous documentation produced by the defense, the attribution to Paternò Castello of the power to confer honors, decorations and chivalric distinctions, cannot be doubted. The suspect is a descendent of the Paterno dynasty, whose consanguinity with the House of Aragon was recognized by numerous judicial findings; (…)

The House of Paternò Castello’s claims regarding the former kingdoms of Aragon, Majorca, Sicily, Valencia and Sardinia are therefore also perfectly legal.

Further reading

  • Abate, A. “Esequie del Duca di Carcaci” Catania 1854
  • Agnello, G. “Il Museo Biscari di Catania nella Storia della Cultura Illuministica del ‘700” in Archivio Storico della Sicilia Orientale, 1957, a. X p. 142
  • Amico, “Catana Illustrata”, 1741
  • Amico, “Sicilia Sacra” 1742
  • Maria Concetta Calabrese, I Paternò di Raddusa, C.U.E.C.M. 1998
  • G. Carrelli, Hauteville e Paternò, in Rivista Araldica, n.3, 1932
  • Enciclopedia Treccani Vol. XXVI, voce “Paternò”, curata dal prof. Giuseppe Paladino dell’Università di Catania
  • Francesco Gioeni, Genealogia dei Paternò, Palermo,1680
  • G. Libertini, Il Museo Biscari, Milano 1930.
  • V. Librando, Il Palazzo Biscari in Cronache di archeologia e di storia dell’arte, 3, 1964, p. 104 e ss.
  • Denis Mack Smith, “Storia della Sicilia Medioevale e moderna”, Universale Laterza (1970) pp. 367 e ss, 376-377.
  • Filadelfo Mugnos, Theatro Genealogico, 1650, s.v. “Paternò” p. 27
  • Filadelfo Mugnos, Teatro della nobiltà del mondo, 1654, s.v. “Paternò“, p. 297
  • Muscia, Sicilia Nobile, 1408, s.v. “Paternò
  • Scipione Paternò e Colonna, Storiografia della Casa Paternò, Catania. 1642
  • Francesco Paternò di Carcaci, I Paternò di Sicilia, Catania, 1935.
  • Vincenzo Notaro Russo, Genealogia della Casa Paternò, 1721, – Archivio Comune di Catania
  • Gaetano Savasta, Storia di Paternò, Catania, 1905
  • F. Ughello, Antonius Paternò, nobilis neapolitanus”, Palermo,1729
  • Bruno Varvaro, Nuove indagini sulla contea di Paternò e Butera nel sec. XII, in Rivista Araldica, n. 4 – dicembre 1931
  • Bruno Varvaro, Hauteville e Paternò in Rivista Araldica, n. 1 – 20 gennaio 1933 *G.E. Paternò di Sessa, F. Paternò, “Dell’origine regia e aragonese dei Paternò di Sicilia”, in Rivista Araldica Fasxcicolo n. 6, giugno 1913
  • Salvatore Distefano, Ragusa Nobilissima – Una famiglia della Contea di Modica attraverso le fonti e i documenti d’archivio, contributo alla Historia Familiae Baronum Cutaliae, Ancillae et Fundi S. Laurentii, Richerche (2006), 109-160, a pag.128 si ricorda che Eleonora Paternò e Tornabene, vedova Biscari, sposò Guglielmo Distefano, duca di San Lorenzo.
  • Librando, V. “Il Palazzo Biscari” in Cronache di Archeologia e di Storia dell’Arte, 1964, n. 3 p. 104 e ss.
  • Guzzetta, G.: “Per la gloria di Catania: Ignazio Paternò Castello Principe di Biscari” Agorà, Luglio- settembre 2001
  • Garuffi, Archivio Storico della Sicilia Orientale, anno IX, 1912
  • Garuffi, Gli Aleramici ed i Normanni, Palermo 1910, Vol. I
  • La Dinastia Sovrana Paternò-Ayerbe-Aragona – L Pelliccioni di Poli
  • 1956 Rome Nobiliario Internazionale – C Santippolito
  • 1985 RAM Messina Corpus Historiae Genealogicae Italiae et Hispaniae – J.W. Imhof 1702 Nurnberg
  • Los Condes de Barcelona Vindicados Cronologia y Genealogia – Prospero de Bofarull y Mascaro Secretario de SM Archivero de la Corona de Aragon
  • 1836 Barcelona Rivista Araldica 1922 p295-305, 343-346
  • Rivista Araldica 1913 p330-335
  • Anales de la Corona de Aragon by Jerònimo Zurita, Tom 1 libro IV cap.126
  • J Lee Shneidman, The Rise of the Aragonese-Catalan Empire 1200-1350, New York and London 1970

Websites

Credits

I wish to thank mr Stephen Screech for his contributions and help.

Appendix 1

A diploma of nobility, issued by Thorbjorn Paternò Castello typically contains the following considerations and conditions:

We, Our Royal Highness Thorbjorn I Paternò Castello di Carcaci Guttadauro di Valencia D’Ayerbe D’Aragona D’Emanuel etc… etc… For the grace of God and by right of hereditary succession, Sovereign Prince, Head of Line and Arms of the Royal House of Valencia and Sardinia, by land and by sea, to all those who will read the present paper, under the eternal protection of the Lord, Having evaluated the high merits and the illustrious and distinguished deeds of Faith, Virtue, Compassion, Feats and Intelligence and the worthy and beseeching requests by [name].(…)

We have decreed and proclaim, certain in science and out of our free will, with a decided and resolute spirit, for special grace and in the fullness of Our Royal Authority at every effect of the ius nobilitandi according to civil, religious, noble, heraldic and chivalric laws, and according to the ways and customs of any time and place, every Country and Nation, that We recognize, concede and bestow on [name] The title of [e.g. Count] with the predicate of [geographical name]. (…)

With the right to transmit them perpetually from male to male in order of primogeniture, and, in the absence of heirs, to the first born of the closest line, and, in the absence of males, una tantum to females. Both male and female collaterals have the title of “Noble of the“, as is the custom, and in any case, the title of “Don” and “Donna” to the most beloved Don [name] [title, e.g. Count] of [geographical name]of the Sovereign House of Valencia (…).

Appendix 2

N. 1080/2013 R.G. SEQ.

Ordinary tribunal of Rome
Section for appeal from attachment measures

Composed by the Messrs. Judges:
Dott. Filippo Steidi                                        President
Dott. Roberta Conforti                                  Judge
Dott. Laura Previti                                        Judge
Gathered in the council chamber, under dissolution of the reservation undertaken at the hearing of 19 December 2013, have pronounced the following

ORDER
on the appeal from a preventive attachment measure, presented on behalf of Paterno Castello Dei Duchi di Carcaci Principi d’Emmanuel Thorbjorn Francesco Giuseppe Nicola Roberto, dated 9 December 2013, regarding a decree issued with respect to the suspect dated 26 November by the GIP of the Tribunal of Rome
– – – – –

The objection is well founded and is admitted.
Paterno Castello Dei Duchi di Carcaci Principi d’Emmanuel Thorbjorn Francesco Giuseppe Nicola Roberto has instituted appeal against the decree indicated above, by virtue of which are subjected to preventive attachment the bank accounts with Cariparma in the name of the Sovereign Order of St John of Jerusalem with Branch 4 of Reggio Emilia and with Banca Intesa in the name of Delio Cardilli with branch Roma Ostia 12, in connection with the crime of forming a criminal association aimed at committing crimes of serious fraud through the constitution of a false chivalric order, of having committed continuous fraud in unison as well as the crime of illicit conferment of decorations under art. 8 of law 178/1951, better described in the provisional indictments which are deemed integrally inserted here.
The defense has contested the existence of suspicion of crimes committed, attaching a voluminous documentation, having examined which, the Court deems the exception well founded.
In the first place it must become clear that the Sovereign Order of St. John of Jerusalem Knights of Malta O.S.J., according to the accusatory hypothesis mainly organized and promoted by Paterno Castello and used to confuse an indeterminate multitude of subjects, thus as to draw unjust profits through the conferment of false decorations, is a real order and operating at a supranational level falling under the list of the non authorized “non-national Orders”, as appearing from the annex C to f.n. M_D GMIL III 10 4/051891 of the Ministry of Defense, produced by the defense in Annex 7.
To correctly define the question, it is useful to recall the norms issued in the matter of conferment and use of decorations which were introduced after the birth of the republican order with law 178/1951 which, by instituting the Order of Merit of the Italian Republic, sanctioned the general prohibition for Italian citizens if not authorized by the President of the Republic at the proposal of the Ministry of Foreign Affairs, to use in the Republic’s territory honors, decorations or chivalric distinctions conferred to them in non-national Orders or by Foreign States (art. 7).  The norm maintains the dispositions valid before with regard to the use of honors and chivalric distinctions of the Sovereign Military Order of Malta. Article 8 of the law cited on the other hand forbids the conferment of honors, decorations and chivalric distinctions on behalf of entities, associations and private parties.

On the basis of a systematic reading of the two norms, it appears that the subject law distinguishes with regard to the penal effects between the activity of conferment of honors and their use. In the case of Non-national Orders or foreign States, the conferment of honors, of which it may not be excluded this can also take place on the national territory, remains indifferent to the Italian national order which is only concerned with the use, which is prohibited, unless, it is repeated, the use is authorized. In all other cases (institutions and private parties) the possibility of conferment, with the measure of the criminal sanction, is fundamentally excluded
From this follows the permissibility, in abstracto, of the conferment of the honors granted by the O.S.J., being a non-national Order.
It remains in concreto to verify the possibility of Paterno Castello to confer these honors, or rather the entitledness of the suspect to the ius honorum (the faculty to create nobles and chivalric arms) which transfers itself iure sanguinis to the proper descendants, in the person of the Head of the Name and Arms of the Dynasty.
Well, on the basis of the voluminous documentation produced by the defense, the attribution to Paterno Castello of the power to confer honors, decorations and chivalric distinctions, cannot be doubted. The suspect is a descendent of the Paterno dynasty, whose consanguinity with the House of Aragon was recognized by numerous judicial findings; the Sovereign Order of St. John of Jerusalem Knights of Malta, whose Grand Master was H.R.H. Prince Don Roberto II Paterno Castello di Carcaci Ayerbe-Aragona, ascendent of the present suspect, to whom the Grand Mastership was transferred by public act, is a branch historically derived from the original Hospital Order of Malta; from which follows that Paterno Castello as Grand Master of the Order and titulary to the fons honorum (including the ius honorum and the ius maiestatis) had and has the power to confer honors of the same Order.
Furthermore, in view of the existence of the Sovereign Order of St. John of Jerusalem, the question might be raised of induction in error of ignorant subjects beneficiaries of the honors, through taking advantage of the similarity (in the symbols and the insignia) with the Sovereign Military Order of Malta, whose honors can be used on Italian soil.
However, this hypothesis can already be excluded by reading the document ” list of documents to be annexed to the request for admission” which is furnished to who wishes to become part of the order and wherein the difference between the O.S.J. and the Sovereign Military Order of Malta is expressly set out.
In conclusion, the decree objected to, is annulled because of the non existence of suspicion of committed crimes with respect to the alleged crimes.

FOR THESE MOTIVES,
ANNULLS

The decree objected to and orders the Chancery to do the necessary
Rome, 19 December 2013
The Editing Judge

Deposited at the Chancery
Rome, 31 December 2013
The Chancellor

Lines of succession: the case of Faustin Soulouque, emperor of Haiti

soulouque-adelina2
Adélina Soulouque (b. c. 1795-after 1859), née Lévêque, was Empress Consort of Haiti from 1849 until 1859, as wife of Faustin I of Haiti.

The order or line of succession is the sequence of members of a royal family in the order in which they stand in line to the throne. The basis for the succession is often determined in the nation’s constitution. As a matter of personal interest, I have examined the line of succesion of the emperors of Haiti, starting with Faustin I.

Legal basis of the succession

The legal basis for the line of succession at the time that it was in force, was the Constitution of 20 September 1849.

The Constitution made the Imperial Dignity hereditary amongst the natural and legitimate direct descendants of Emperor Faustin I, by order of primogeniture and to the perpetual exclusion of females and their descendants. The Emperor could adopt the children or grandchildren of his brothers, and become members of his family from the date of adoption. Sons so adopted enjoyed the right of succession to the throne, immediately after the Emperor’s natural and legitimate sons (Les constitutions dHaiti, 1801-1885).
Art. 108. — La dignité impériale est héréditaire dans la descendance directe, naturelle et légitime, de Faustin Soulouque, de mâle en mâle, par ordre de progéniture, et à l’exclusion perpétuelle des femmes et de leur descendance.
Art, 109. — La personne de l’Empereur est inviolable et sacrée.
Art. 110. — L’Empereur Faustin Soulouque est proclamé sous le nom de Faustin 1er.
Art. 112. — L’Empereur pourra nommer son successeur, s’il n’a point d’héritier mâle et s’il n’a point de fils adoptif. Cette nomination devra être secrète et enfermée dans une cassette déposée au palais impérial de la capitale.
(…)
Art. 115.— A défaut d’adoption et de nomination par l’empereur, le grand conseil de l’Empire nomme son successeur. Jusqu’au moment où l’élection du nouvel empereur est consommée, le grand conseil exerce le pouvoir exécutif.
Art. 134. — Les princes et les princesses de la famille impériale ne peuvent se marier sans l’autorisation de l’Empereur.
Art. 135. — Les enfants mâles deviennent membres à vie du Sénat lorsqu’ils ont atteint l’âge de 18 ans.
Art. 145. — Il est institué un grand conseil de l’Empire, composé de neuf grands dignitaires choisis par l’Empereur. L’Empereur préside le grand conseil ou en délègue le pouvoir à un de ses membres.
Art. 146. — Les attributions du grand conseil sont :
1° D’exercer l’autorité exécutive dans le cas où il y aurait empêchement pour l’Empereur de l’exercer lui-même;
2° De nommer le successeur de l’Empereur et d’exercer le pouvoir exécutif dans les cas prévus par l’article 115;
3° D’élire le régent dans le cas de l’article 141 ;
4° D’être le conseil de la régence ;
5° De procéder à l’ouverture de la cassette qui renfermera le nom du successeur de l’Empereur, conformément à l’article 112.
tHoDOwZ
Sword with Scabbard of Faustin I (1782–1867), Emperor of Haiti. Inscription: Inscribed on the guard beneath the crowned coat of arms of Haiti: DIEU MA PATRIE ET MON EPEE LIBERTE INDEPENDENCE; on the obverse of the blade: HOMMAGE DU G•O•D’ HAITI; on the reverse of the blade: A L.’ ILL. FAUSTIN SOULOUQUE EMPEREUR D’ HAITI (The Metropolitan Museum of Art)

Genealogy

In order to see how the line of succession has developed, I have tried to make a fragment of the genealogy of the imperial family.

I. Marie-Catherine Soulouque. b. at Port-au-Prince, Saint-Domingue, 1744. A slave of the Mandingo race. She d. at Port-au-Prince, 9 August 1819.

IIa. H.I.M. Faustin-Élie Soulouque (Faustin I), by the grace of God , and the Constitution of the Empire, Emperor of Haiti. b. at Petit-Goâve, 1782. Freed by Felicite Sonthonax 29 August 1793. Fought in the War of independence as a private soldier 1803-1804, Cmsnd. as Lieut. and ADC to General Lamarre 1806, Lieut. Horse Guards under Presdt. Petion 1810, prom. Capt., prom. Maj. under Presdt. Rivière-Hérard, prom. Col. under Presdt. Guerier 1843, prom. Brig-Gen. and later Lt-Gen. and supreme commander of the guards under Presdt. Riche. Became President of the Republic of Haiti (*1) and took the oath of office 2 March 1847.

Crown Soulouque
Crown of Faustin-Élie Soulouque, decorated with emeralds, diamands, garnets, and other jewels. It had been exhibited in the Musée du Panthéon National Haïtien (MUPANAH)

Proclaimed as Emperor Faustin I, by the Senate and the Chamber of Deputies, and assumed the style of His Imperial Majesty, 26 August 1849. Crowned at Port-au-Prince, by the Abbe Cessens according to Episcopalian (Franc-Catholique) rites, 18 April 1852. Attempted to conquer, but failed to take, Santo Domingo in 1856. Founded the Military Order of St Faustin and the Civil Haitian Order of the Legion of Honour, 21st September 1849. Also founded the Orders of St Mary Magdalen and St Anne, 31 March 1856. Deposed 15 January 1859.

Founded the Imperial Academy of Arts in 1856. Fled to the French legation, seeking asylum, but was later taken into exile in Jamaica, aboard a British warship 22 January 1859 (1). Married at Port-au-Prince, December 1849, H.I.M. Empress Adélina (b. ca. 1795), raised to the title of Empress of Haiti with the style of Her Imperial Majesty 26th August 1849, Crowned with her husband at Port-au-Prince 18th April 1852, daughter of Marie Michel Lévêque. After the death of her husband, Adélina fled to the Dominican Republic and then went to Spain, where she was received by the King of Spain himself. She remained at the Royal Palace of Spain in Madrid from 1868 to 1874.

Adélina then left for France and remained there from 1875 to 1877. She ended her days in Rome, Italy in 1879, until her death at the age of about 84 years. She was buried first in Rome near the Vatican and then in Haiti near her husband in 1907, 28 years after his death (*2).

Daughter:
1) H.I.H. Princess Célita Soulouque, m. Jean-Philippe Lubin, Count of Petionville, who was very rich. Together they had four children: three daughters and a son who died at birth.
Adopted daughter:
2) H.S.H. Princess Geneviève Olive [Madame]. b. 1842 (quinze à seize ans in September 1858), d. 1936. Adopted by Emperor Faustin, raised to the title of Princess and granted the style of Her Serene Highness 1850. m. Amitié Lubin (b. ca. 1800), son of Jean Philippe Vil Lubin, Count de Pétion-Ville, by his wife, Elizabeth Ulcénie, née Amitié (*3). Princess Olive travelled around the world: France (1893-1894); Portugal (1894-1899) with her daughter Marie; Canada 1901; America (Philadelphia) (1902-1913); Dominican Republic (1913-1914); France (1914-1918); Dominican Republic (1918-1923); Thailand (1923-1927) as a guest of a friend of the Royal Family; Australia (1927-1929); Haiti 1929-1936) (*4) [Oliva Soulouque, Biografia].

Prince Mainville Joseph and Prince Jean Joseph Soulouque
Prince Mainville Joseph and Prince Jean Joseph Soulouque

IIb. (Prince) Jean-Joseph Soulouque. He d. after 1850, having had issue, eleven sons and daughters, including:
1. H.I.M. (Prince) Mainville-Joseph Soulouque, pretender under the name Joseph I, m. 1854 with Princess Olive (IIa,2). He did participate in some attempts to restore the monarchy in Haiti, without success and d. in 1891. Children:

a. “S.A.S. la princesse” Maria Soulouque, d. Portugal 1899.
b. H.I.M. (Prince) Joseph Soulouque, “prince impérial”, pretender to the throne as Joseph II, left for France with his mother in 1914, fought for the Allies in WWI, returned to the Dominican Republic in 1918 and lived there until his death on 18 June 1922. In 1930 Princess Geneviève Olive received a letter from the new pretender to the throne, her great grandson of 31 years told her that his wife was pregnant. Their names are unknown to me.
c. “S.A.S. le prince” Faustin-Joseph Soulouque, lived in the United States (Philadelphia) until his death in 1913.
d. Marie Adelina Soulouque, daughter of Mainville-Joseph Soulouque with Marie d’Albert. Daughter: Marie Adelina Soulouque, who married Johan Carl Sictus Weijgel Quast (*1, *5), pharmacist [Santa Domingo].

Son?

De Curaçaosche courant 24-07-1852 delpher.nl
De Curaçaosche Courant 24-07-1852 delpher.nl

H.I.H. Princess Célita Soulouque is said to have been the only daughter of Faustin. It has been reported in the Curacaosche Courant of 24 July 1852 that Faustin made preparations for his son “Bobo” to marry the actress Lola Montez. In 1846, the actress arrived in Munich, where she was discovered by and became the mistress of, Ludwig I of Bavaria. Ludwig made her Countess of Landsfeld on his birthday, 25 August 1847. Along with her title, he granted her a large annuity. In 1848 Ludwig abdicated, and Montez fled Bavaria, her career as a power behind the throne at an end. From 1851 to 1853, Lola Montez performed as a dancer and actress in the eastern United States, one of her offerings being a play called Lola Montez in Bavaria.

Interesting comments by mr Christopher Buyers (FB 27 January 2016):

Bobo was actually an escaped galley-slave who had been “candidate” for president several times, but was persuaded to join Soulouque’s cause. After the latter became Emperor, Bobo was ennobled and created a Prince. In April 1851, while serving as Governor and C-in-C of the Northern Province, he was suspected of rebellion and summoned to court. Fearing a certain death, he fled. Later captured and executed along with some other generals the following year. He is mentioned by Helen O’Donnell Holdredge in her biography “The Woman in Black: The Life of Lola Montez”, Putnam, 1955. There, he is described on p 141 as Grand Chamberlain to Faustin I, sent by him to persuade Lola Montez to visit his court in Haiti. Prince Bobo had a son named Alexandre, who was in turn the father of Dr Pierre François Joseph Benoit Bobo aka “Rosalvo”, who was a leading politician, Secretary of State for the Interior, and leader of the revolution which toppled President Sam II in 1915, prompting the US to intervene and occupy Haiti to prevent him becoming president.

Sources

(*1) Website of Chistopher Buyers

(*2) ayudamosconocer.com

(*3) Roman Catholic Church Kingston (Jamaica) Marriages 1839-1869. Act of marriage: Pierre Joseph Amitie Vil Lubin, native of Haiti, lawful son of His Lordship Earl Philippe Vil Lubin and by his wife, Elizabeth Ulcénie. Lord Amitie Vil Lubin, maried on 26 December 1861 HSH Princess Geneviève Olive Soulouque, native of Haiti, lawful daughter of Emperor Faustin Elie Soulouque and Empress Adélina Lévêque. Witnesses: Alexandre Bravo, Charles Grant, widow Lubin, Amitie Lubin, widow of Louis Lubin, Elizabeth Grant, James Male, Jean Baptiste Vil Lubin, George Clermont, A.M. Lhoste, Felicite Faustin, Ameisima Amitie, Elina Mainvaille, L. Bedonet, Elizabeth Bourke, Caroline Crosswell. Source: website of Thierry Jean-Baptiste Soulouque Vil Lubin.

(*4) ayudamosconocer.com

(*5) The Church of Jesus Christ of Latter-day Saints, “Pedigree Resource File,” database, FamilySearch (https://familysearch.org/ark:/61903/2:2:9HXC-TTG : accessed 2015-11-14), submitted by rcsimon2749685.

Literature

  • Alaux. Soulouque and His Empire: From the French of Gustave d’Alaux. 1861. Reprint. London: Forgotten Books, 2013. Print.      
  • Facebook Almanach Royal d’Hayti
  • Constitutions of the World from the late 18th Century to the Middle of the 19th Century, The Americas. Multi-volumed work Constitutions of the World from the late 18th Century to the Middle of the 19th Century Sources on the Rise of Modern Constitutionalism / Quellen zur Herausbildung des modernen Konstitutionalismus.  Ed. by Dippel, Horst The Americas Vol. 10 Constitutional Documents of Haiti 1790–1860 / Documents constitutionnels d’Haïti 1790-1860 / Verfassungsdokumente Haitis 1790-1860  Ed. by Dubois, Laurent / Gaffield, Julia / Acacia, Michel
  • Hartog, [dr.] Johan Curaçao; From Colonial dependence to autonomy. Oranjestad, Aruba: De Wit publishers 1968 (Faustin’s exile on the island of Curaçao)

Discovery (1)

Proof that Soulouque was a free masonI recently discovered that Faustin I was a member of a Masonic lodge in France. This was in tradition with other Haitian leaders. In 1743, after the death of Louis de Pardaillan de Gondrin , duke of Antin, Louis de Bourbon-Condé (1709-1771), count of Clermont, prince of the blood and future member of the Académie française, succeeded him as “Grand Master of all regular lodges in France”. He remained in office until his death in 1771. Around 1744 there were around 20 lodges in Paris and 20 in the provinces. Lodges in the provinces were most often founded by Masons out of Paris on business or via the intermediary of military lodges in regiments passing through a region – where a regiment with a military lodge left its winter quarters, it was common for it to leave behind the embryo of a new civil lodge there. The many expressions of military origin still used in Masonic banquets of today date to this time, such as the famous “canon” (cannon, meaning a glass) or “poudre forte” (strong gunpowder, meaning the wine). 

Discovery (2)

Imperial and Military Order of St Faustin
Imperial and Military Order of St Faustin

In France, only decorations recognised by the Chancery of the Legion of Honour may be worn publicly, and permission must be sought and granted to wear any foreign awards or decorations. Failure to comply is punishable by law. A non-exhaustive list of collectively authorised orders is published by the French government. According to a report in Chambers’s Journal of Popular Literature, Science, and Art, XI, jan-jun-1859, pp. 150-152), the Order of Saint Faustin seems to have been recognized by the Legion of Honour. Further research is being conducted.

Is het in Duitsland strafbaar om ten onrechte een adellijke titel te voeren?

Duitsland, dat moet worden beschouwd als rechtsopvolger van het Heilige Roomse Rijk der Duitse Natie, heeft de adel als stand in 1919 bij wet afgeschaft. Artikel 109, derde lid, tweede volzin, van de Grondwet van de Republiek Weimar van 1919 Weimarer Reichsverfassung) luidt immers als volgt: “Öffentlich-rechtliche Vorrechte oder Nachteile der Geburt oder des Standes sind aufzuheben. Adelsbezeichnungen gelten nur als Teil des Namens und dürfen nicht mehr verliehen werden”. Openbare voorrechten van geboorte en stand zijn middels deze bepaling sedertdien blijvend opgeheven. Onder meer de voorheen adellijke titel “Freiherr” maakt vanaf 1919 uitsluitend onderdeel uit van de geslachtsnaam. De overgang van dit onderdeel van de naam wordt in Duitsland niet beheerst door adelrechtelijke bepalingen, maar door regels van naamrecht, zoals geregeld in het Bürgerliches Gesetzbuch. De vraag kan worden gesteld hoe het zit met het onterecht voeren van adellijke titels in Duitsland. Doorgaan met het lezen van “Is het in Duitsland strafbaar om ten onrechte een adellijke titel te voeren?”

Lex Salica

Als het gaat om de erfopvolging binnen vorstenhuizen, wordt regelmatig een beroep gedaan op de zogenoemde Lex Salica. De Frankische koning Chlodowich I (Clovis) gaf tussen 507 en 511 de opdracht de zogenoemde Lex Salica op schrift vast te leggen. Het is interessant na te gaan in hoeverre een beroep hierop gerechtvaardigd is.

Verspreiding van de Lex Salica

De Salische Franken kwamen in 358 het Romeinse Rijk binnen bij Toxandrië (een gouw die zich uitstrekte van de Kempen in het zuiden tot de Maas in het noorden). In 440 stichtten ze een koninkrijk met als centrum Doornik. Ze breidden hun rijk steeds verder uit naar het zuiden. De Salische Franken leefden voorafgaande aan de Grote Volksverhuizing rond de IJssel, maar zij verplaatsten zich later naar het tegenwoordige Vlaanderen en Frankrijk. Onder Karel de Grote werden stammen in Duitsland, Zwitserland en Noord-Italië onderworpen. Hierdoor kwam een groot deel van West-Europa onder de Salische Wet (zie het proefschrift van W. J. D Boone, De Franken van hun eerste optreden tot de dood van Childerik, Groningen 1954). Doorgaan met het lezen van “Lex Salica”

De term “fons honorum”

In de literatuur over adel wordt regelmatig de term “fons honorum” gebruikt. Uitgereikte (adellijke) titels en decoraties worden pas als “echt” gezien als de verlenende persoon of instantie een fons honorum heeft. Mij is nooit geheel duidelijk geworden wat hieronder binnen een juridische context wordt verstaan. In een Italiaanse zaak, de zogenaamde Paterno-case, wordt wel duidelijk dat het al dan niet hebben van een fons honorum van groot belang is als het gaat om misleiding en fraude bij het verlenen van onderscheidende kwalificaties als “baron” en “ridder in de Orde van (…)”.

Juridische positie

De term “fons honorum” ben ik niet tegengekomen in nationale of internationale wetgeving. De verschillende definities hebben dan ook geen actuele juridische grondslag. Fons honorum is naar mijn mening gekoppeld aan het internationaal staatsrechtelijke beginsel van soevereiniteit omdat het recht om eerbewijzen te verlenen naar zijn aard een vorm van erkenning impliceert door een staat. Voor een definitie van het begrip staat wordt vaak artikel 1 van de Conventie van Montevideo aangehaald (Convention on the rights and duties of states; Montevideo, 26 december 1933 (165 LNTS p. 19). Het betreft hier de bekendste formulering van de criteria voor het ontstaan van een staat; Werner 2007, p. 166):

The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations.

In de onderlinge relaties tussen staten betekent soevereiniteit dat staten niet in een hiërarchische verhouding tot elkaar staan, maar dat zij in juridische zin aan elkaar gelijk(waardig) zijn (zie ook: art. 2, eerste lid, Handvest van de VN: “De Organisatie is gegrond op het beginsel van soevereine gelijkheid van al haar leden”). Doorgaan met het lezen van “De term “fons honorum””