To what extent do religious organizations have a fons honorum to grant titles and awards?

A fons honorum (English: source of honour) can be defined as the legitimate and legal authority of a person or institution to grant titles and awards to other parties (see e.g.: Versélewel de Witt Hamer, 2017, p. 100).

In earlier articles, I examined the fons honorum of certain historical dynasties, like the former monarchs of Georgia, Rwanda and Hawaii. This article investigates, from a legal perspective, the fons honorum of religious organizations to grant titles and awards. I will demonstrate that this fons honorum is based on religious freedom and the freedom of association. Although international law does not define religion, it does identify religion with conscience, and enumerates a number of manifestations of religion that are to be protected.

The freedom of religious manifestation

European legal perspective

Article 9 of the European Convention on Human Rights (ECHR), guarantees the freedom of thought, conscience and religion in relation to the State. From a European law perspective, there are three aspects to the aforementioned freedoms: internal, external and collective aspects.

  • Regarding the internal aspect, the aforementioned freedom is absolute. This freedom concerns deeply held ideas and convictions that are forged in a person’s individual conscience and therefore cannot in themselves prejudice public order. Therefore, these ideas and convictions cannot be subject to restrictions by State authorities.
  • With regard to the external aspect, the freedom is not absolute but relative. This freedom to manifest a person’s beliefs is limited, because it can affect or even threaten a country’s public order. While religious freedom is primarily a matter of individual conscience, it also implies, inter alia, freedom to “manifest [one’s] religion” alone and in private or in community with others, in public and within the circle of those whose faith one shares. Article 9 lists a number of forms which manifestation of one’s religion or belief may take, namely worship, teaching, practice and observance (European Court of Human Rights (ECtHR), Metropolitan Church of Bessarabia and Others v Moldova, judgment of 13 December 2001, ECHR Reports 2001-XII, § 114 et seq. and case-law cited).
  • Most of the rights recognised under Article 9 are individual rights that cannot be challenged. However, some of these rights may have a collective aspect. Accordingly, the ECtHR has recognised that a Church or ecclesiastical body may, as such, exercise on behalf of its members the rights guaranteed by Article 9 of the Convention (ECtHR, 12 June 2014, Martinez Fernandez v. Spain, Comm. 1104/2002, U.N. Doc. A/60/40, Vol. II, at 150 (HRC 2005).

Freedom of conscience and of religion does not protect each and every act or form of behaviour, motivated or inspired by a religion or a belief. In other words, Article 9 of the ECHR protects a person’s private sphere of conscience, but not always any public conduct inspired by that conscience. It does not allow general laws to be broken (Pichon and Sajous v. France (dec.), no. 49853/99, ECtHR 2001-X).

As religious communities traditionally and universally exist in the form of organized structures, Article 9 ECHR has to be interpreted in the light of Article 11 ECHR which safeguards associative life against unjustified state interference. Seen in this perspective, the believer’s right to freedom of religion includes the right of a religious community to function peacefully; free from arbitrary State intervention. This autonomous existence of religious communities is indispensable
for pluralism in a democratic society and is thus an issue at the very heart of the protection which Article 9 affords (Hasan and Chaush v. Bulgaria [GC], no. 30985/96, § 62, ECtHR 2000-XI; Metropolitan Church of Bessarabia and Others, cited above, § 118; and Holy Synod of the Bulgarian Orthodox
Church (Metropolitan Inokentiy) and Others v. Bulgaria, nrs. 412/03 and 35677/04, § 103, 22 January 2009).

There exist a vast number of cases where the ECtHR decided regarding the wearing of religious clothing and the use of symbols. Under Article 9(2) ECHR, the right to freely manifest one’s religion can only be restricted under certain cumulative conditions. These restrictions must (i) be prescribed by law; (ii) be necessary in a democratic society by fulfilling a pressing social need; (iii) have a legitimate aim (these aims are mentioned in Article 9(2) ECHR); and, (iv) the means used to achieve that aim must be proportionate and necessary. The right not to be discriminated against can, according to the ECHR, also be restricted under certain circumstances, where a similar justification test is applied. In addition, article 51(2) Charter of Fundamental Rights of the European Union (EUCFR), is a similar test that also applies to restrictions on the rights in Articles 10 and 21 EUCFR. The bans on the wearing of religious clothing or symbols are justified under Article 9(2) ECHR.

Global legal perspective

The freedom of religion or belief is also guaranteed by article 18 of the (mondial) Universal Declaration of Human Rights, article 18 of the International Covenant on Civil and Political Rights and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. Regarding the use of religious expressions, the United Nations issued the following statements:

Art. 6 (c): The right to freedom of thought, conscience, religion or belief includes the freedom, “To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief;”.

Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Proclaimed by United Nations General Assembly resolution 36/55 of 25 November 1981

4 (b): The Commission on Human Rights urges States, “To exert the utmost efforts, in accordance with their national legislation and in conformity with international human rights law, to ensure that religious places, sites, shrines and religious expressions are fully respected and protected and to take additional measures in cases where they are vulnerable to desecration or destruction;”.

UN Commission on Human Rights, Resolution 2005/40 on Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, 19 April 2005

Para. 4: “The concept of worship extends to […] the display of symbols”.
Para. 4: “The observance and practice of religion or belief may include not only ceremonial acts but also such customs as […] the wearing of distinctive clothing or head coverings […].”

Office of the United Nations High Commissioner for Human Rights, General Comment No. 22: The right to freedom of thought, conscience and religion (Art. 18): 30/07/93, CCPR/C/21/Rev.1/Add.4, General Comment No. 22. (General Comments), 1996-2001.

The aforementioned legal frameworks show that religious freedom and the liberty to manifest this freedom by symbols is a fundamental human right and protected by international law, that is incorporated by states in national law. In my opinion, religious freedom also includes the freedom to grant titles and awards when issued in the context of religious customs, symbols and honorifics. Therefore, the fundamental human rights of religious freedom combined with the freedom of association are the source of authority of religious groups for legally and legitimately granting such titles and awards.

Case studies

Roman Catholic Church

The so-called “Bologna Mozart” was copied 1777 in Salzburg (Austria) by a now unknown painter from a lost original for Padre Martini in Bologna (Italy), who had ordered it for his gallery of composers. Today it is displayed in the Civico Museo Bibliografico Musicale in Bologna in Italy. Leopold Mozart, W. A. Mozart’s father, wrote about this portrait: „Malerisch hat es wenig wert, aber was die Ähnlichkeit anbetrifft, so versichere ich Ihnen, daß es ihm ganz und gar ähnlich sieht.“ (Letter of Leopold Mozart to Padre Martini in Bologna from Dec 22, 1777, MBA II, pp. 204f, No. 396).

At the age of 14, the famous composer Wolfgang Amadeus Mozart (1756-1791) left Salzburg to go on tours to Italy, accompanied by his father, the musician Leopold Mozart (1719-1787). Their principal destinations were Verona, Mantua, Cremona, Milan, Parma, Bologna, Florence and finally Rome, which he reached on 10 April 1770. When Pope Clement XIV was informed of the child prodigy, he received Mozart and his father in a private audience on their return from Naples two months later, on 4 July 1770. On that occasion, the Pope conferred the Order of the Golden Spur on young Mozart (Jahn, 1856, pp. 199-205; Cardinale 1983, pp. 35-42), thus making him a Papal Knight of the Golden Spur. The following day, Mozart received his official insignia, consisting of ‘a golden cross on a red sash, sword, and spurs,’ emblematic of honorary knighthood. In 1777, Mozart had his portrait painted with the star-encircled cross of the order on his coat.

The papal patent of 4 July 1770 for the award stated:

Inasmuch as it behoves the beneficence of the Roman Pontiff and the Apostolic See that those who have shown them no small signs of faith and devotion and are graced with the merits of probity and virtue, shall be decorated with the honours and favors of the Roman Pontiff and the said See.’

Vatican secret archives 2009, p. 183

It is interesting to examine the capacity in which the pope issued the diploma. Roman Pontiff refers to the Bishop of Rome, the Pope. An apostolic see is an episcopal see (a bishop’s ecclesiastical jurisdiction) of which the foundation is attributed to one or more of the apostles of Jesus or to one of their close associates. In Roman Catholicism, the apostolic see refers to the See of Rome. Therefore, both references to the fons honorum are of a religious nature. Although the Papal States on the Italian Peninsula were under the direct sovereign rule of the pope at that time, the fons honorum for the diploma is based on religion, instead of public law. It has an internal character within the church structures.

Currently, the Pontifical Orders of Knighthood are secular orders of merit of which the membership is conferred by a direct decision of the Pontiff. The diplomas given to recipients of the most popular Pontifical Orders, the Pontifical Equestrian Order of Saint Sylvester Pope and Martyr (reorganised by Pope Pius X on his own initiative, motu proprio,Multum ad excitandos” on 7 February 1905), and the Pontifical Equestrian Order of Saint Gregory the Great (established on 1 September 1831, by Pope Gregory XVI), are issued in the capacity of pontifex maximus. Although this designation has been used in inscriptions referring to the Popes for some centuries, it has never been included in the official list of papal titles, which is published yearly in the Annuario Pontificio. The official list of titles of the Pope given in the Annuario Pontificio mentions “Supreme Pontiff of the whole Church” (in Latin, Summus Pontifex Ecclesiae Universalis) as the fourth title, the first being “Bishop of Rome“. The title pontifex maximus appears in inscriptions on religious buildings and on coins and medals. Awards are gazetted in Acta Apostolica Sedis, the Gazette of the Holy See. Diplomas of appointment are issued by the Secretariat of State. Papal knighthoods are personal. Perpetual succession is no longer granted.

The Order of Saint Sylvester is intended to honour Roman Catholic lay people who are actively involved in the life of the church, particularly as it is exemplified in the exercise of their professional duties and mastership of the different arts. According to Pope Gregory XVI’s Papal Brief of 1 September 1831, the Order of Saint Gregory is an order of merit to be bestowed on gentlemen of proven loyalty to the Holy See who, by reason of their nobility of birth and the renown of their deeds or the degree of their munificence, are deemed worthy to be honoured by a public expression of esteem by the Holy See (see: appendix 1, underlined sentence).

Clearly, the orders of knighthood focus on religious merit and are issued in a religious capacity. I have not seen an explicit reference to the capacity of the pope as sovereign of the Vatican State. The latter capacity is referred to as the temporal power of the church: the rule of the Church in earthly possessions and the authority of the Pope over civil territories belonging to the Church, as in the former Papal States. This power is an addition to his dominion in spiritual matters and becomes necessary if freedom from civil power is to be assured. The church’s temporal power is presently exercised in relation to the Vatican City State since the Lateran Treaty of 1929. The term may also refer to the exercise of political influence by the bishops formerly through landed estates and currently through financial and other means. The aforementioned orders of knighthood are not issued as part of the Vatican’s temporal power; they are awards, issued for religious merit and therefore have a religious nature.

Considering the foregoing, from both a historical and a legal perspective, for centuries, Popes have exercised their religious fons honorum to grant titles and awards. These awards have an internal effect. They are part of the religious structure of the Roman Catholic faith and are logically recognised as such by the Vatican City State. Other states may choose to either allow their citizens to wear them or to forbid them. The latter could be in breach of religious freedom, as guaranteed by international law.

Abbey-Principality of San Luigi

Since 1970, the Catholic population has nearly doubled, growing from about 650 million in 1970 to about 1.3 billion in 2020. The Church has circa 415.000 priests. As the world’s oldest and largest continuously functioning international institution, it has played a prominent role in the history and development of Western civilization. It is interesting to compare this huge organization to a small religious group, like for example the Abbey-Principality of San Luigi, based in the United Kingdom.

The history of the Abbey-Principality, is described on its webpage:

The Abbey-Principality of San Luigi is an international Christian religious organization, originally founded in 1883 as a sovereign theocratic principality in the Fezzan. Within an overall humane and charitable ethos, the Abbey-Principality carries out its mission today through churches, religious orders, nobiliary, chivalric and scholarly institutions.

The Abbey-Principality is a church in its own right, led by the Prince-Abbot who is its Archbishop. In the spirit of ecumenism, it has over the years also absorbed other churches and religious orders leading to an international ministerial outreach, which are organized under the federation of the Catholicate of the West.

Background

The name of the Abbey-Principality commemorates St Louis, King of France (1214-70), and continues several medieval traditions connected with the Knights Templar and the Crown of Thorns. It was established by a group of Catholic Benedictine monks as a self-governing sovereign religious principality in the Fezzan in 1883 and ruled there for eleven months. In 1884, the Abbey was overthrown and the Prince-Abbot murdered. The remaining monks came to the Bunyoro-Kitara Kingdom (today part of Uganda) where the Abbey-Principality was re-established and the new Prince-Abbot was granted the additional chiefly title of Mukungu (Prince-Governor). After the end of this second establishment in 1888, the title of Prince-Abbot passed to successors in France and the United States.

The designation Abbey-Principality, once prevalent within the Roman Catholic Church along with that of prince-bishop, reflects the fact that in the Fezzan, the Prince-Abbot exercised temporal power as a sovereign prince over its abbey and surrounding area. Today, having been exiled from its former lands (which were subsequently incorporated into present-day Libya), the Abbey-Principality no longer has responsibility for territorial governance, but continues to hold the jus honorum deriving from its former sovereign status as well as preserving for its head the rank of a Prince of the Church.

On 22 March 1962, the then-Prince de San Luigi was the recipient of Letters Patent issued by His late Majesty King Peter II of Yugoslavia. The King’s act recognized the status of the Prince de San Luigi and further appointed the Prince to the ranks of the Royal Yugoslav nobility. The King had in 1960 accepted the High Protectorship of the senior chivalric Order of the Abbey-Principality, the Order of the Crown of Thorns.

(…)

Source: Website of The Abbey-Principality of San Luigi, and the Catholicate of the West.

The Abbey-Principality awards decorations, in the tradition of Archbishop Joseph René Vilatte (1854 – 1929). Vilatte, also religiously known as Mar Timotheus I, was a French–American Christian leader active in the United States and in France. He was associated with several Christian denominations before his ordination as a priest by a Christian Catholic Church of Switzerland (CKS) bishop at the request of a Protestant Episcopal Church in the United States of America (PECUSA) bishop for service in a PECUSA diocese. Vilatte’s orders include the Order of the Crown of Thorns (OCT) and the Order of the Lion and the Black Cross (OLBC). 

Bishop René Vilatte was born Paris, 24 January 1854, Île-de-France, and died Versailles, Departement des Yvelines, Île-de-France, 1 July 1929. He was buried Cimetière des Gonards (No. 133540, Canton J, Alley I, Rank 3G, Tomb 15) Versailles, Departement des Yvelines, Île-de-France. He was raised by his paternal grandparents, who were members of the Petite Église (PÉ), an independent church separated from the Roman Catholic Church (RCC) after the Concordat of 1801. The  had about 4,000 adherents.

Vilatte led a hectic religious life. His dealings with the local Roman Catholic and Episcopal churches are well-documented and detailed in many biographies. His conviction and his challenge to the establishment attracted many followers, who were estranged from the established churches. Most Independent Catholic and Old Catholic bishops in the United States trace at least one of their lines of Apostolic Succession through Archbishop Vilatte. His spiritual successors carry on his work in a variety of ministries which serve especially those disenfranchised from their original church. Vilatte was a principal founder of Independent Catholicism.

For over 70 years Vilatte has often been caricatured as a charlatan and religious opportunist. However, modern scientific research by theologist Dr. Alexis Tancibok shows that, based on the discovery of new historical documents, a reevaluation of Vilatte’s reputation is justified. These documents show that – contrary to the traditional narratives – Vilatte was above all a missionary, and a campaigner for his vision of Catholic orthodoxy. In line with other Old Catholics, Vilatte believed that Rome was an advocate for Catholic unity, and that Rome’s centralized ecclesial model blocked Christian liberty, and hindered missions. Rome’s centralization was largely the product of the First Vatican Council (1870) objectors to which formed the Old Catholic movement of which Vilatte would be such a prominent part. The pre-1870 model of the Church is centred upon the bishop as the principal authority, whereas after 1870, that authority was subordinate to a much greater centralized dogma and bureaucracy.

Under the influence of the famous French preacher Hyacinthe Loyson (1827-1912), Vilatte initially believed that Anglo-Catholics could work together with the Old Catholics in the new mission field of America. After 1889, however, Dutch Old Catholics convinced Vilatte to break his relations with the Episcopalians in Wisconsin. This not only forced Vilatte to clarify the differences between Old Catholicism, Roman Catholicism and Anglicanism, but it resulted in the Syrian Orthodox Patriarch authorising his consecration as a missionary metropolitan in Colombo, Ceylon. In 1892, he changed his mission to a national Independent Catholic movement in the United States (source: early Independent Catholicism in Context: A re-examination of the career of Archbishop Joseph René Vilatte (1884-1929)). From the wording of his consecration certificate, he was consecrated there as Metropolitan of the Old Catholics in the United States. That was an integral and initial part of his episcopate and not a later addition. He was never intended to be a bishop in Ceylon or an ordinary bishop of the Syrian patriarchate.

In his 2020 thesis, Tancibok describes some challenges Vilatte faced as a missionary, because he was unsupported by traditional institutions. Tancibok’s thesis examines Vilatte’s view of Christian reunion, which he believed could only happen through Catholic unity, led by the universal episcopate rather than one church or individual. The most puzzling aspect of Vilatte’s career was his relationship with the Roman Catholic Church. On three occasions he negotiated reconciliation, but the available evidence shows that on all three occasions he did not abandon his belief in Catholic reform, nor did he intend to not function as a missionary (source: early Independent Catholicism in Context: A re-examination of the career of Archbishop Joseph René Vilatte (1884-1929)).

These new insights show that Vilatte was a renowned preacher, an inspiring leader, and published books and papers on the subjects of theology, liturgy and church history. Based on his teachings, the Abbey-Principality issues Orders to worthy individuals, of which The Chivalrous and Religious Order of the Crown of Thorns or L’Ordre Souverain, Chevaleresque, Nobilaire et Religieux de la Couronne d’Epines and The Sovereign, Knightly and Noble Order of the Lion and the Black Cross or L’Ordre Souverain, Chevaleresque, et Noble du Lion et de Croix Noire, are the most prominent.

According to its statutes, the Order of the Crown of Thorns, is religiously focussed:

The chief Aims of the Order are: (1) to defend the Christian Ideology, Tradition and Cultural Inheritance; (2) to preserve the best ideals of Knighthood of past centuries and the noble spiritual virtues of the Knights Templar; and (3) to help forward any charitable works under the Patronage of the Order.

The Order also has the aim of rewarding persons who have distinguished themselves in defence of the Church, of humanity, or in philanthropic work initiated by the Order and have shown a Christian spirit, a clean life and a noble example. The Order seeks to encourage in its members a spirit of active Christian charity and service.

Source: Statutes of Order of the Crown of Thorns.

The Order of the Lion and the Black Cross is focussed on merit and charity (statutes sub 6 and 7):

The chief Aims of the Order are (1) to unite together those who accept the ancient standards of Chivalry; (2) to help forward any charitable works under the Patronage of the Order; (3) to reward those who have distinguished themselves in the service of mankind or of the San Luigi Orders, without distinction as to race or creed.

The Order seeks to encourage in its members a spirit of active charity and service. In contrast to the Order of the Crown of Thorns, which is open to Christians only, it is open to members of all religions as well as those who do not profess any religious belief.

Source: Statutes of the Order of the Lion and the Black Cross.

Both orders are at least 130 years old and well-documented. Therefore, they have a respectable history and tradition. Although criticised by some individuals, mostly regarding their foundation narratives, both orders can legitimately claim a historical background in the context of the development of the Independent Catholic churches. The church’s titles, awards and other religious elements do not enjoy state recognition and bestow no privileges, but they remain nonetheless monuments of the church’s history and part of its religious and cultural heritage. Branding them as ‘self-styled’ is a form of religious intolerance. Therefore, the Prince-Abbot processes the legitimate and legal fons honorum to issue religiously-inspired honours. This fons honorum is protected by the freedoms of religion and association, embedded in national and international law.

Royal Brotherhood of Sao Teotonio

HRH Prince Dom Miguel Gabriel Rafael Xavier Teresa Maria Felix de Braganca (Bern, 3 December 1946), Duke of Viseu, Infante of Portugal, in the uniform of Bailiff Grand Cross of Honour and Devotion of the Sovereign Military Order of Malta.

Another religious organization that issues chivalric-like awards, is the Royal Confraternity of Saint Teotonio (RCST). This group was formed in Portugal on 2 November 2000, under the Royal Protection of Dom Miguel de Bragança, Duke of Viseu, Infante of Portugal (Versélewel de Witt Hamer, 2017, pp. 86-87). Dom Miguel (1946) is a member of the Portuguese Royal Family. He is the second child of Duarte Nuno (1907-1976), Duke of Braganza, and Princess Maria Francisca of Orléans-Braganza (1914-1968). Dom Miguel is fourth in the line of succession to the former Portuguese throne, behind his elder brother, Dom Duarte Pio, Duke of Braganza, and his three children. He is a noted patron of the arts and painter. Dom Miguel is the founder and sponsor of the Annual Luso-Brazilian Week of Aldravist Art, held in Portugal and in Brazil. He is also an active member in various orders of chivalry, notably the Sovereign Military Order of Malta and the Sacred Military Constantinian Order of Saint George.

From a legal perspective, the RCST is a secular association of the Christian faithful (Latin: consociationes christifidelium); a group of baptized persons, clerics and laity, who, according to Cann. 313-319 of the 1983 Code of Canon Law, jointly foster a more perfect life and promote public worship and Christian teaching. The RCST focusses in particular on maintaining and honouring the Portuguese saint Theotonius of Coimbra (c. 1082 – 1162).

       Alberto Sampaio Museum, Object Inventory Number: P 49. Category: Painting. Title / Title: São Teotónio celebrating before D. Afonso Henriques and his entourage. Date: XVII century. Dimensions: 126 x 125 cm. Author / Production: Simão Álvares (?). Technical information: Oil on canvas. Photographer: José Pessoa, 1996. Copyright: © DGPC

Theotonius was the nephew of the Bishop of Coimbra in Portugal and educated at the University of Coimbra. He became a parish priest and was assigned to work in Viseu, Portugal. Theotonius was a trusted advisor of Portugal’s first king, Afonso Henriques (ruled 1139-85). The king attributed his success at the Battle of Ourique to the prayers of Theotonius, who was thus able to persuade the king to release Mozarabic Christians captured during forays into land held by the Moors.

Theotonius had a great devotion to the poor, and to souls in purgatory. Each Friday, he combined these devotions by singing a Solemn Mass for the dead, leading a large procession to the cemetery to pray for the local dead, collecting alms there, and distributing the money to the local poor. He was twice a pilgrim to the Holy Lands and an Augustinian Canon Regular, which order he helped bring to Portugal in 1131, entering the monastery at Coimbra. Theotonius spent his last 30 years there as monk and prior. He devoted to the daily offices, never allowing the monks to hurry through them. Theotonius is celebrated as the reformer of religious life in Portugal, and is the first Portuguese saint (Bangley, 2005).

Anyone who has an interest in the development of the mission of the Confraternity can be admitted by the Grand Prior. An applicant is required to present a baptism certificate or a parochial certificate. An applicant is required to present a signed Petition for Admission, supported by two sponsors, and a documented Curriculum Vitae.

RCST’s main purposes are recorded in the statutes of the Confraternity (see: Appendix 2):

Help in all possible ways the works of charity and assist the Dioceses of the Universal Church;

Diffuse the cultural and historical aspects that surrounded the figure of Saint Teotonio (first Portuguese Saint);

Lend help and mutual aid between confrères, in case of need and with the necessary discretion;
Relate among themselves holders of Titles of Nobility, members of Confraternities, of Military Orders and of Chivalry and Nobiliary Corporations; those distinguished with Orders and Medals of Merit and Commendation, Civil and Military; Members of Academies and Institutes, National or International.

Statutes of the Confraternity, article 1

The RCST is led by a Grand Prior, Ulisses Pauleta Rolim, Comte de Rolim et Reigada (Peerage of Rwanda, 2007). Its members are designated as Confrades and Confreiras in different grades (knight, commander, grand cross, see article 3 of the statutes).

The RCST is affiliated with several prominent royal dynasties (amongst others):

In addition, several high-ranking religious leaders have supported the Confraternity (amongst others):

  • HH Patriarch Abune Paulos +, former Patriarch of the Ethiopian Orthodox Tewahedo Church
  • HEm Cardinal Don Carlos Amigo Vallejo, OFM, Cardinal Priest and Archbishop Emeritus of Seville in the Roman Catholic Church
  • HEm Cardinal Jean-Claude Hollerich, SJ, Luxembourgeois prelate of the Catholic Church, who has served as the Archbishop of Luxembourg since 2011. He has been the president of the Commission of the Bishops’ Conferences of the European Union (COMECE) since March 2018.

The RCST has chosen to be very transparent about their formation date, statutes, structure and affiliations. This contributes to the legitimacy of the RCST and to its international success.

In light of RCST’s religious foundations and therefore protected by the legal principles of freedom of religion and association, the Grand Prior of the RCST processes the legitimate and legal fons honorum to issue religiously-inspired honours. The fact that these honours look like chivalric honours (knight, commander, grand cross) does not affect their legitimacy and legality, because these honours have been clearly stipulated in RCST’s statutes and are therefore part of RCST’s religious perception.

Conclusions

The fons honorum for issuing honours and decorations of religious organizations is protected by the religious freedom and the liberty to manifest this freedom by symbols. In addition, the freedom of association ensures that every individual is free to organise and to form and participate in (religious) groups, either formally or informally. Both freedoms are embedded in national and international law. They include the freedom to grant titles and awards, issued in the context of religious customs, symbols and honorifics.

Religious ceremonies where titles and awards are issued have meaning and sacred value for the believers if they have been conducted by religious authorities empowered for that purpose in compliance with pre-specified rules. The personality of the religious leaders is undoubtedly of importance to every member of the community. Participation in the life of the community is thus a particular manifestation of one’s religion, which is in itself protected by Article 9 of the Convention (Hasan and Chaush v. Bulgaria [GC], no. 30985/96, and Perry v. Latvia, no. 30273/03, § 55, 8 November 2007).

Defaming or condemning less popular religious orders, like the Order of the Crown of Thorns, is in breach with religious freedom and the freedom of association. It implicates religious intolerance. On an international level, EU law does not preclude a remedy against private parties in case any such remedies would be available as a matter of national law (opinion of Advocate General Bobek, delivered on 25 July 2018, Case C‑193/17, Cresco Investigation GmbH, vs. Markus Achatzi, Paragraph 185). Therefore, the freedoms of religion and association can be upheld against national governments as well as against private parties. The legal principles on which the aforementioned freedoms are based, protect the fons honorum of religious organizations to issue orders, titles and awards to manifest its participants’ thoughts and convictions.

Value of religious titles and awards

In the context of religion, the value of titles and awards, is mostly a matter of personal opinion and religious conviction. However, there are parameters that help determine the value of honours, issued by religious organizations. I suggest the following parameters:

  • Legal structure, financial transparency (Hoegen Dijkhof 2006, pp. 427-432);
  • Contribution to society (inspired by the remarks of Freiherr von Boeselager in the Frankfurter Allgemeine of 14 July 2019);
  • Transparency and honesty regarding their origin and history.

Literature

Appendix 1. Papal Bull founding the Pontifical Order of Saint Gregory the Great

BREVE GREGORII PP. XVI PRO INSTITUTIO EQUESTRIS ORDINIS S. GREGORII MAGNI

GREGORIUS PP. XVI

AD perpetuam rei memoriam.— Quod summis quibusque Imperatoribus maximae curae est praemia virtutis et insignia honoris et monumenta laudis iis decernere, quos optime de re publica meritos noverint, id et Romani Pontifices Praedecessores Nostri praestare pro personarum, temporum, actuumque ratione consueverunt erga eos, qui Sanctae Romanae Ecclesiae imperium ope, armis, consiliis, aliisque recte factis iuvarent. Haec reputantibus Nobis, ac de honore iis habendo deliberantibus, qui fidelem assiduamque asperioribus etiam temporibus operam Principatui navarunt, placuit ex more institutoque maiorum Ordinem Equestrem constituere, in quem homines spectatae in Sedem Apostolicam fidei ex Summorum Pontificum auctoritate cooptentur, quos vel praestantia generis, vel gloria rerum gestarum, vel insignum munerum procuratione, vel demum gravibus aliis ex causis dignos ipsi censuerint qui publico Pontificiae dilectionis testimonio honestentur. Inde enim nedum praemium virtuti conferri, sed et stimulos addi ceteris palam est quibus ad bonum rectumque impensius in dies excitentur. Quare hisce Nostris Apostolicis Literis Equestrem Ordinem constituimus, quem, et ex praecipuo Nostrae in Sanctissimum Praedecessorem Gregorium Magnum venerationis affectu, et ob assumptum ipsius Nomen quando Humilitati Nostrae impositum Pontificatum suscepimus, a Sancto Gregorio Magno volumus nuncupari; reservantes Nobis ac Romano Pontifici pro tempore existenti ius eligendi Equites Equites, quos constet virtutum laude, conditionis honestate, splendore munerum, atque eximia in rebus gerendis sedulitate, communi demum bonorum suffragio commendari. Erit porro peculiare Ordinis Insigne Crux octangula ex auro artificiose elaborata, rubram superficiem habens, in cuius medio, veluti parvo in numismate, extet affabre caelata imago S. Gregorii Magni. Taenia ad eam sustinendam erit serica rubra, cuius extrema ora flavo colore distinguatur. Cum vero stati quidam in Equestribus Ordinibus gradus dignitatem illorum, qui iisdem accensentur, designent, quatuor in Gregoriano Ordine gradus Equitum praefinimus; quorum primi Equites Magnae Crucis primae classis, secundi Equites Magnae Crucis secundae classis, tertii Equites Commendatores, quarti Equites simpliciter nuncupabuntur. Serica fascia praelonga binis Ordinis coloribus picta, dextero humero imposita, transversaque ad latus sinistrum propendens, et magnam Crucem sustinens, Insigne erit Equitum primi generis; qui insuper medio sinistro latere pectoris innexam vestitui gestabunt alteram maiorem Crucem radiis undique ac gemmis circumornatam, opereque magnifico caelatam. Equites secundae classis Crucem magnam, instar Numismatis, latere pectoris sinistro habebunt, praeter Crucem alteram grandem collo ex fascia serica appensam. Equites Commendatores Crucem magnam gerent, quae e fascia collo inserta dependeat; privilegio tamen carebunt ferendi pracdictum numisma seu Crucem alteram in latere pectoris sinistro. Equites quarti ordinis Crucem parvam, iuxta communem Equitum morem, ad pectus apponent in parte vestis sinistra. Ceterum eos omnes, qui publico hoc Pontificiae voluntatis testimonio sint honestati, monitos volumus ut animadvertant sedulo praemia virtutibus addici, nihilque diligentius curandum ipsis esse quam ut rebus praeclare gestis expectationem ac fiduciam quam excitarunt cumulate sustineant, delatoque sibi honore dignos sese in dies magis exhibeant. Haec quidem suscepti huiusce consilii ratio est, haec praecipua muneris ipsius conditio, cui apprime satisfiet constanti erga Deum et Principem fide, prout in aversa Crucis parte scriptum est; atque ita boni omnes et ii praesertim, quorum maxime interest ob Ordinis coniunctionem, de fausto felicique Nostri Instituti progressu gratulabuntur. Haec statuimus ac declaramus non obstantibus in contrarium facientibus, etiam speciali mentione dignis, quibuscumque. Datum Romae apud Sanctam Mariam Maiorem sub Annulo Piscatoris die I Septembris MDCCCXXXI, Pontificatus Nostri anno primo.

TH. CARD BERNETTI

BREVE GREGORII PP. XVI PRO TRIBUS TANTUM GRADIBUS IN EQUESTRI GREGORIANO ORDINE SERVANDIS ET PRO INSIGNIBUS SINGULORUM GRADUUM PROPRIIS STATUENDIS

GREGORIUS PP. XVI

AD perpetuam rei memoriam.—Cum amplissima honorum munera iure meritoque parta hominum mentes atque animos ad virtutem amplectendam, gloriamque assequendam vel maxime excitent atque inflamment, tum Romani Pontifices provide sapienterque praecipuos honorum titulos iis tribuere ac decernere semper existimarunt, qui egregiis animi ingeniique dotibus praestantes nihil non aggrediuntur, nihilque intentatum relinquunt, ut de Christiana et Civili Republica quam optime mereri conentur. Hac sane mente in ipso Pontificatus Nostri exordio, ob tantam temporum asperitatem iniucundo ac permolesto, singulare praemium rectefactis impertiri, itemque ad suas cuique partes demandatas impensius oboundas quoddam veluti incitamentum addere in animo habentes illis praesertim viris, qui singulari studio, consilio, fide, integritate Nobis et Romanae Petri Cathedrae omni ope atque opera adhaererent, novum Equestrem Ordinem instituere decrevimus, quem ob praecipuum Nostrae in Sanctissimum Praedecessorem Gregorium Magnum venerationis affectum, et ob assumptum ipsius Nomen quando ad Universae Ecclesiae regimen evecti fuimus, a Sancto Gregorio Magno voluimus nuncupari.
Quapropter Apostolicas dedimus Literas die primo Septembris Anno MDCCCXXXI Annulo Piscatoris obsignatas, quarum vi omnibus notam perspectamque fecimus novi Gregoriani Ordinis institutionem, simulque praescripsimus eius Insigne Crucem esse octogonam exauro affabre elaboratam, rubra superficie imaginem S. Gregorii Magni in medio referentem, tacnia serica rubra, extremis oris flava, sustinendam. Clare insuper significavimus quibus dotibus viros hoc honore decorandos praeditos esse oporteat, Nobisque et Romanis Pontificibus Successoribus Nostris ius reservavimus eiusmodi Equites renuntiandi, quos virtutis et religionis laude, conditionis honestate, muneris splendore, eximia in rebus gerendis sedulitate, communi denique bonorum suffragio pateat esse commendatos. Ad desinandam autem eorum dignitatem, qui huic Ordini sunt adscribendi, Nobis opportunum vide sapienterque praecipuos honorum titulos iis tribuere ac decernere semper existimarunt, qui egregiis animi ingeniique dotibus praestantes nihil non aggrediuntur, nihilque intentatum relinquunt, ut de Christiana et Civili Republica quam optime mereri conentur. Hac sane mente in ipso Pontificatus Nostri exordio, ob tantam temporum asperitatem iniucundo ac permolesto, singulare praemium rectefactis impertiri, itemque ad suas cuique partes demandatas impensius obeundas quoddam veluti incitamentum addere in animo habentes illis praesertim viris, qui singulari studio, consilio, fide, integritate Nobis et Romanae Petri Cathedrae omni ope atque opera adhaererent, novum Equestrem Ordinem instituere decrevimus, quem ob praecipuum Nostrae in Sanctissimum Praedecessorem Gregorium Magnum venerationis affectum, et ob assumptum ipsius Nomen quando ad Universae Ecclesiae regimen evecti foimus, a Sancto Gregorio Magno voluimus nuncupari. Quapropter Apostolicas dedimus Literas die primo Septembris Anno MDCCCXXXI Annulo Piscatoris obsignatas, quarum vi omnibus notam perspectamque fecimus novi Gregoriani Ordinis institutionem, simulque praescripsimus eius Insigne Crucem esse octogonam ex auro affabre elaboratam, rubra superficie imaginem S. Gregorii Magni in medio referentem, taenia serica rubra, extremis oris flava, sustinendam. Clare insuper significavimus quibus dotibus viros hoc honore decorandos praeditos esse oporteat, Nobisque et Romanis Pontificibus Successoribus Nostris ius reservavimus eiusmodi Equites renuntiandi, quos virtutis et religionis laude, conditionis honestate, muneris splendore, eximia in rebus gerendis sedulitate, communi denique bonorum suffragio pateat esse commendatos. Ad designandam autem eorum dignitatem, qui huic Ordini sunt adscribendi, Nobis opportunum visum est eumdem ipsum in quatuor classes dividere; quarum altera Equitibus Magna Crucis primi ordinis, altera Equitibus Magnae Crucis secundi ordinis, tertia Equitibus Commendatoribus, quarta Equitibus tantummodo constat. Praescripsimus idcirco, ut Equites a Magna Cruce primi ordinis magnam Crucem e serica fascia praelonga binis Ordinis coloribus picta, dextero humero imposita, transversaque ad latus sinistrum descendente sustineant, ac praeterea medio sinistro pectoris latere innexam vesti gestent alteram maiorem Crucem radiis undique ac gemmis circumornatam: ut Equites a Magna Cruce secundae classis praeter magnam Crucem, ut supra appensam, medio sinistro pectoris latere alteram Crucem nullis coruscantibus gemmis refulgentem deferant: ut Equitibus Commendatoribus liceat Crucem magnam gerere, quae e fascia collo inserta dependeat, haud tamen Crucem alteram in latere pectoris sinistro: ut Equites demum quarti ordinis Crucem parvam ex communi Equitum more in parte vestis sinistra ad pectus apponant. Quin etiam ac removendum quodcumque discrimen, quod in hoc gestando Insigni posset contingere cuiusque Crucis shema typis excudi mandavimus, novis quibusque Equitibus una cum Di plomate tradendum. Iam vero, cum honoris ac dignitatis splendor eo magis refulgeat quc minor est eorum numerus quibus confertur, Nostris profecto fuisset in votis in Gregorianc Ordine constituendo eorum numerum praefinire, qui in singulas illius classes essent coop tandi. Sed quoniam eo tunc praecipue spectavimus, ut praemium iis potissimum repende remus, qui incorrupta fide et egregio in Nos atque hanc Sanctam Sedem studio et obse quio effervescentes id temporis seditionis impetus propulsarent, et Religionis causam a Civilem Apostolicae Sedis Principatum pro viribus tuerentur, haud potuimus extemple consilia Nostra certis quisbusdam limitibus circumscribere. Nunc vero rebus divini Numinis ope conversis, atque exoptato in Pontificiis Nostris Provinciis ordine restituto, cum fi dis fortibusque viris mercedem proposuerimus, in eam venimus sententiam, aliquid ircommemoratis Nostris Literis immutare, pluraque etiam ab integro decernere, quae ac eiusdem Ordinis splendorem augendum maiestatemque amplificandam pertinere posse vi dentur. Hisce igitur Literis statuimus atque mandamus, ut posthac ex utraque classe Magnae Crucis una tantum constet, cui nomen erit primae classis. Nobis vero et Romanic Pontificibus Successoribus Nostris reservamus Magna Cruce gemmis ornata in peculiaribus quibusdam casibus eos decorare, qui Nostro eorumdemque Successorum Nostrorum iudicio singulari ratione honestandi videantur. Quapropter eos omnes qui Magnam Crucem secundae classis iam fuerint adepti, ad primam classem pertinere omnino volumus et declaramus. Itaque deinceps Gregorianus Ordo tribus tantummodo constabit classibus, nempe Equitibus a Magna Cruce, Commendatoribus et Equitibus. Numerum autem cuiuslibet ex tribus iis classibus praefinire volentes, quemadmodum in pluribus Militiis vel Equestribus Ordinibus provide sapienterque factum est et Nos ipsi vehementer optabamus. plena Auctoritate Nostra edicimus atque praecipimus ut Equites a Magna Cruce numerum triginta non praetergrediantur: Commendatores septuaginta, Equites demum tercenti esse possint. Quem quidem singularum classium Equitum numerum pro iis tantum viris, qui Civili Apostolicae Sedis Principatui subsunt praescriptum volumus; proptereaquod ad Nostrum et Successorum Nostrorum arbitrium semper pertinebit homines etiam exterarum gentium in cuiusque classis coetum praeter hunc numerum adlegere. Praeterea, ut huius Ordinis ratio perpetuo servetur neque temporis lapsu diuturna vetustate ullatenus immutetur, mandamus ut Summus ab Actis Gregoriani Ordinis seu, ut dicitur, Magnus Cancellarius sit S. R. E. Cardinalis a Brevibus Apostolicis Literis; penes quem Equitum nomina, gradus, admissionis dies, ac numerus diligenter servetur. Haec decernimus atque statuimus, non obstantibus editis Nostris Literis, de quibus habitus est sermo, nec etiam speciali mentione dignis in contrarium facientibus quibuscumque. Nobis quidem sperare fas est novam hanc consilii Nostri instaurationem optatum exitum assequuturam, eosque simili honore auctos vel in posterum augendos votis Nostris ac fini, ad quem referentur, quam cumulatissime responsuros, ac Pontificia benevolentia magis magisque dignos futuros, praesertim quod ipso in Insigni inscriptum legant hoc munus eorum potissimum esse, qui PRO DEO ET PRINCIPE vel maxime praestant. Datum Romae apud S. Petrum sub Annulo Piscatoris die xxx Maii MDCCCXXXIV, Pontificatus Nostri anno quarto.
PRO DOMINO CARD. ALBANO A PICCHIONI substitus

EX CANCELLARIA ORDINUM EQUESTRIUM

DIE 7 FEBRUARII 1905

SS.mus Dominus Noster Pius PP. X, animo repetens omnia, quae sive ad homines virtute formandos sive ad praemia eisdem pro rectefactis rependenda ab Apostolica Sede proveniunt, iis legibus iugiter moderanda esse, quibus et decori eiusdem S. Sedis et congrue rationi consultum sit, opportune mentem suam ad Equestres Ordines admovit.
Hinc est quod re acta cum infrascripto Cardinali a Brevibus, magno Equestrium Ordinum Cancellario, praeter ordinationes de ceteris Equestribus Ordinibus hoc ipso die latas, volüit ut quae etiam de Gregoriani Ordinis vestibus et Insignibus propriis illorumque usu adhuc non satis certa et definita viderentur, servata eiusdem Ordinis, quae hactenus usu venit, in Civilem unam et Militarem alteram Classem partitione, omnia forent adamussim statuta per leges quae hic sequuntur:

PRO EQUITIBUS COMMENDATORIBUS CUM NUMISMATE CLASSIS CIVILIS

Vestis e panno viridi nigrante siet in longos post tergum producta limbos.
Opera phrygia, omnia acu picta ex argento, circa collum, extremas manicas et supra peras laciniae sint quernea folia referentes, et dentata tacniola quae extremas totius vestis oras circumeat.
Novem pectori globuli: tres vero sint, minoris moduli, manicis.
Posteriores vestis limbi inter utramque peram duobus maioribus globulis, nec non corona querna decorentur; ipsisque peris tres subsint globuli minores.
Femoralia praelonga sunto e panno viridi nigrante; fascia ornentur ex argento querneis foliis intexta, cuius altitudo quatuor centesimarum metricae mensurae partium siet.
Galero nigro ex sericis coactilibus, duplici transversa utrinque et circum ducta limbos, ut in schemate, nigra undati operis fascia ac parvo argenteo flocco in utraque cuspide distincto, nigra superemineat pluma; eique Insigne Pontificium quatuor ex argento funiculis globulo coniunctis innexum sit.
Globuli, omnes ex argento, Crucem Ordinis caelato opere referent.
Item et ensis argenteo cingulo suffultus Crucem Ordinis, prout a schemate apparel, in capulo caelatam referat; capulus ipse sit e concha albida ornatus auro, cum aureo dependente fimbriato funiculo; vagina e corio nigro aureis fulcro et cuspide terminetur.
Praeter Crucem, non aliter ac serica taenia e collo dependentem, Numisma Ordinis argenteum sinistro pectoris lateri ingestum deferre fas esto.
Crucem corona laurea ex enchausto viridi ut in schemate, parve taenia ex auro inferius vincta, superemineat.
Crux, Numisma, globuli quoad formas et modulos, sic et tacnia quo ad colores et altitudinem a schemate non different.

ALOISIUS CARD. MACCHI
MAGNUS CANCELLARIUS ORDINUM EOUESTRIUM

Appendix 2. Statutes of the Royal Confraternity of Saint Teotonio (English version)

Article 1st

OF THE NATURE, IDENTITY AND ENDS

The Royal Confraternity of Saint Teotonio, founded the 2nd of November of 2000, under the Royal Protection of Dom Miguel de Bragança, Duke of Viseu, Infante of Portugal, is a secular organization of the faithful with common ends, a group of men willingly desiring to defend the origins and Christian values, maintain and honor the spirit of and remember and promote devotion to Saint Teotonio;

Help in all possible ways the works of charity and assist the Dioceses of the Universal Church;

Diffuse the cultural and historical aspects that surrounded the figure of Saint Teotonio (first Portuguese Saint);

Lend help and mutual aid between confreres, in case of need and with the necessary discretion;
Relate among themselves holders of Titles of Nobility, members of Confraternities, of Military Orders and of Chivalry and Nobiliary Corporations; those distinguished with Orders and Medals of Merit and Commendation, Civil and Military; Members of Academies and Institutes, National or International.

Article 2nd

OF THE MEMBERS
Anyone may join who is of age and has an interest in the development of the ends and who are admitted by the Grand Prior.

One is required to present a Baptism Certificate or, in its absence, a Parochial Certificate may take its place. In exceptional cases and based on his own knowledge, the Grand Prior or respective Prior General can excuse such presentation.

One is still required to present a properly signed Petition for Admission with two sponsors, Curriculum Vitae, a photograph of equal kind, and copies of documents judged necessary in support of the statements made.

It is the responsibility of the respective Priors General and/or Commanders to propose to the Grand Prior the Class and Category in which the applicant will be admitted them; they should deliver the documents referred to above and be in the possession of all of the Civil Rights.

Those will not be able to be admitted who have incurred some canonical penalty ferendae or latae sententiae.

Article 3rd

OF THE CLASSES OF MEMBERS
The Royal Confraternity of Saint Teotonio is established with Three Classes of Confrades, as follows:

• Brothers Confreres of Justice (holders of Title or Titles of Nobility)
• Brothers Confreres of Merit
• Brothers Confreres Honorary

The Ladies will be designated Sisters Confreiras in identical Classes.
The categories established under these classes:

• Brother Confrere – Knight
• Brother Confrere – Commander
• Brother Confrere – Grand Cross

Article 4th

OF THE ORGANS OF GOVERNMENT

The Grand Prior is the delegate of all the Authority and Power.
The Organ of Government is the Grand Priory, presided over obligatorily by the Grand Prior, that will have vote of quality.
The Grand Priory is composed of the Grand Prior, Vice Grand Prior and Grand Chancellor.

The Consultative Organ of the Grand Priory, the Capitulo of Priors General, will be able to be called whenever the Grand Priory understands.

It is competent for the Grand Prior to nominate the Priors General, Priests and Commanders, as well as to create National or International Priories.
For formation of a Priory, there should be a Commandery in operation with a minimum of seven Confrades.
It is competent still for the Grand Prior to nominate Commanders, as well as to create the respective Commanderies, and decide of their eventual passage to Priories.
Each Priory should have a Chaplain, competent for the respective Prior to nominate.

The Grand Prior is nominated “AD VITAM” [for life]. Upon his death he should be replaced by the Vice Grand Prior or Chancellor, who will ascend to the maximum charge, should be confirmed by the Spiritual Protector. The new Grand Prior will nominate a new Vice Grand Prior and Chancellor.
It is mandatory Condition that the Grand Prior be of Portuguese Nationality.

Article 5th

OF THE LOSS OF THE CONDITION OF MEMBER

The quality of Brother Confrade or Sister Confreira will be lost:
• By voluntary renunciation.
• By the public conduct of the Confrade, that be judged by the Grand Prior
as being able to bring dishonor upon the Royal Confraternity of Saint
Teotonio, or by actions or offenses against other Confrades.

Article 6th

OF THE RIGHTS

It is a right of all of the Confrades to watch all of the actions of the Royal Confraternity and to use the respective Insignia inherent to their Class and Category, as well as the cloak Capitular, or another Uniform that be established for internal regulation.

Article 7th

OF THE REQUIREMENTS

It is required of all of the Confrades to fulfill the statutes and internal regulations, as well as the decrees emitted by the Grand Priory or their respective Priors, to honor the quotas that are established and give maximum contributions to the Royal Confraternity of Saint Teotonio, looking to spread the principles that brought about its foundation.

Any contingency not covered by law will be dealt with in a meeting of the Grand Priory.

Article 8th

OF THE OFFICIAL DATES

These are the official dates of this Royal Confraternity:
• Anniversary of the Birth of Saint Teotonio (unknown date)
• Anniversary of the Death of Saint Teotonio -18th of February
• Anniversary of the Conference of Zamora 1123 – 4th of October
• Anniversary of the Restoration – 1st of December

Article 9th

OF THE CEREMONIES

They must, whenever possible, be commemorated with a Eucharistic Celebration, followed by a Lunch or Gala Dinner.

The Ceremony of reception of new Confrades should be carried out following the Holy Mass whenever possible and be governed by internal regulation.

Article 10th

OF THE INVESTITURES

The Grand Prior is the only legitimate authority for investing new members, rewarding their merits, and promoting their promotion in Class and Category.
He will be able to delegate his prerogatives, when the circumstances so advise him, to the Vice Grand Prior or to the Grand Chancellor.

Article 11th

OF THE INSIGNIAS

The Insignia of the Royal Confraternity of Saint Teotonio, by excellence, is a golden, oval shield, within a laureate frame at the center the figure of Saint Teotonio holding the right hand of Dom Afonso Henriques to whom, facing, he genuflects the left knee to the ground, under a background of blue. Above is the golden Royal Portuguese Crown with a cap of red.

Article 12th

OF THE MOTTO

SURGE REX MEUS, ERIGE REGNUM TUUM

(Rise Up My King and Build Your Kingdom)

Article 13th

OF THE COLORS
The colors are the Blue and White of the first Flag of Portugal.

Article 14th

FINAL AUTHORITY
Final authority – To the Spiritual Protector, as provided in the Code of
Canon Law and in the present Statutes, belong the following powers:
• The Right to Visit and Inspect the activities of this Royal Confraternity.
• The approval of statutory modifications.
• The conformation and destitution of the Grand Prior.
• The dissolution of the Confraternity in conformity with the Code of Canon Law.
• Everything else that Canon Law attributes to him.
***************************************
I confirm as a Secular Organization of the Faithful the Royal Confraternity
of Saint Teotonio, and, according to the Canon 314 of the Code of Canon Law, I
APPROVE the present Statutes by which it is dictated that the Royal
Confraternity be governed.
I exhort all of the Members to fulfill its ends with generosity and the
spirit of Faith, trusting that this will contribute efficiently to their
Christian formation and apostolic action.
Done in Lisbon the 7th day of the Month of May of the year of the Grace of
Our Lord 2005.
The Spiritual Protector

Dom Abílio Rodas de Sousa Ribas
By the Grace of God and of the Holy Apostolic See
Bishop of the Diocese of São Tomé e Príncipe”

The position of the ICOC principles with respect to fundamental principles of international law

This article examines Noel Cox’ 2009 research paper “The principles of international law governing the sovereign authority for the creation and administration of Orders of Chivalry (Academia.edu)” and the principles of the International Commission for Orders of Chivalry (ICOC) in the context of international law. Cox’ research question is not explicitly cited, but I think he tries to investigate to what extent the principles of the ICOC relate to the principles of the international law. Cox summarises the ICOC-principles as follows:

The principles which the International Commission identified were that only states have the right to create Orders of chivalry; that these Orders [of chivalry] cannot be abolished by republican governments, that exiled Sovereigns retain control of royal Orders [of chivalry], that no private individual can create Orders [of chivalry], that no state or supranational organisation without its own [chivalric] Orders can validate [chivalric] Orders, and that the only sovereign Order is the Order of Malta.

Cox, The principles of international law, p. 1

Cox’ concludes the following:

Firstly, every sovereign prince (or, subject to their respective constitutions, the president or other official in a republican state) has the right to confer honours, in accordance with the constitutional framework of the state. These honours should be accorded appropriate recognition in all other countries under the usual rules of private international law.

Secondly, an exiled Sovereign retains the right to bestow honours, dynastic, state or whatever else they may be styled. This right extends to their lawful successors in title, even for several generations. Appointments may continue to be made, unless this has been expressly prohibited by the successor authorities of the state, or the Order has become obsolete. It also follows that an exiled, or former Sovereign may continue to make appointments to an Order which is also governed by the new regime, thus creating a separate, though related, Order. Whilst an exiled Sovereign may in some circumstances establish a new Order of chivalry, he or she may only do so whilst they remain generally recognised by the international community as the de jure ruler of his country. His or her successors will not have this right to create new Orders, excepting in those rare instances where the son or further issue of an exiled Sovereign has been generally recognised by the international community as the rightful ruler of their country. Only de jure Sovereigns (including their republican equivalents) may create Orders of chivalry.

Thirdly, the international status of an Order of chivalry depends upon the municipal law of the country in which it was created. There can be no international Orders as such, shorn of dependence upon the municipal laws of a state.1 Principles four, five and six together indicate that sovereign Orders are not generally possible, with recognition however being extended to the Sovereign Military Order of Malta.2 The Order of Malta depends upon its own unique history, and, at least in part, its recognition by the Holy See and by secular princes. Any pretended “sovereign” Order is nothing more than a voluntary society or association, and members should not wear any insignia or use any styles or titles to which they may be entitled outside the private functions of such groups

1Thus, the “Sovereign Order of Saint Stanislaus” created 9 June 1979 by Count Juliusz Nowina Sokolnicki, President of the Republic of Poland (in exile), is not, and never could have been, sovereign, irrespective of the regularity of Sokolnicki’s own status as titular President.

2Noel Cox, “The Continuing question of sovereignty and the Sovereign Military Order of Jerusalem, of Rhodes and of Malta”, 13, Australian International Law Journal (2006): 211-232.

Cox, The principles of international law, p. 8

I disagree with both the principles of the ICOC and with Cox’ conclusions, as I shall explain hereafter.

The freedom to create Orders of Chivalry and Knighthood

International law, e.g. the European Convention on Human Rights (ECHR), protects the freedom of association and assembly:

“1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.”

Article 11 ECHR
The Roman keyhole with the viewpoint of three different sovereign states: the Sovereign Order of Malta – owner of the Magistral Villa on the Aventine hill – the Vatican and the Italian Republic.

The right to freedom of peaceful association and assembly is both an individual right and a collective right. It is a fundamental right in a democratic society and, like the right to freedom of expression, is one of the foundations of such a society. Thus, it should not be interpreted restrictively (ECHR, Djavit An v. Turkey, § 56; Kudrevičius and Others v. Lithuania [GC], § 91). In view of the fundamental nature of this right, the European Court of Human Rights has been reluctant to accept objections that the applicants have suffered no “significant disadvantage” and to dismiss Article 11 complaints with reference to Article 35 § 3 (b) of the Convention (ECHR, Berladir and Others v. Russia, § 34; Öğrüv. Turkey, § 18. The protection of opinions and the freedom to express them is one of the objectives of the freedoms of assembly and association enshrined in Article 11 (ECHR, Freedom and Democracy Party (ÖZDEP) v. Turkey [GC], § 37). The link between Articles 10 and 11 is particularly relevant where the authorities have interfered with the right to freedom of peaceful assembly in reaction to the views held or statements made by participants in a demonstration or by members of an association (ECHR, Primov and Others v. Russia, § 92; Stankov and the United Macedonian Organisation Ilinden v. Bulgaria, § 85).

Apart from Europe, the freedom of association and its protection from state influence is guaranteed in all modern and democratic legal systems, including the United States Bill of Rights, the Canadian Charter of Rights and Freedoms, articles 20 and 23 of the Universal Declaration of Human Rights and Article 22 of the International Covenant on Civil and Political Rights. In all Western democracies, these principles have been implemented in national law as well.

The mentioned fundamental rights are not only relevant in the relation between individuals and states. They also dictate a responsibility among civilians and private entities within the constitutional order when interacting with each other. This is called the horizontal effect of fundamental rights, pointing at the relations of private parties among each other.

The mentioned freedom of assembly and association is the legal foundation for any person to create an Order (=Merriam-Webster: a group of people united in a formal way). The freedom of expression is the basis for designating such an Order as an Order of Chivalry (=Merriam-Webster: the system, spirit, or customs of medieval knighthood) or Knighthood (=Merriam-Webster: the qualities befitting a knight). Therefore, in principle, any individual living in a democratic state has the fons honorum to create an Order of Chivalry or Knighthood.

The ICOC itself does not interfere with the right of associations of other individuals by making a list of – in their view – genuine Orders, but there are individuals and entities related to the ICOC, who made it a habit to defame associations that they regard as illegitimate.

SMOM is not a sovereign Order

Situated in the heart of Rome’s historical centre, on Via dei Condotti, the Magistral Palace has been the residence of the Grand Master and seat of the Sovereign Order of Malta’s government since 1834.

The sixth principle of the ICOC states that only the Sovereign Military Order of Malta (SMOM) is a sovereign Order: “The only recognised Order with the style of “Sovereign” existing nowadays is that of St John of Jerusalem, called of Rhodes, called of Malta, whose international headquarters were transferred to Rome in 1834, and whose international diplomatic “status” as an independent non-territorial power is recognised officially by the Holy See and by many other Governments.“. This statement is incorrect. With respect to the SMOM, a distinction should be made between sovereignty in the interstate relations and sovereignty in the public-private relation.

Sovereignty in the interstate relations

The SMOM describes itself not as a state, but as a sovereign subject of international law. The Italian state recognises SMOM’s extraterritorial rights over its properties in Rome. SMOM maintains a recognized permanent observer mission at the United Nations, the European Commission and other international and multinational organizations. SMOM is not categorized by the UN as a non-member state (like e.g. the Holy See), but among entities and intergovernmental organizations having received a standing invitation to participate as observers. For interstate-sovereignty, it is generally considered that the entity should be recognised as such by other sovereign entities or states. SMOM has diplomatic relations with numerous states and thus clearly possesses such an interstate-sovereignty. From a public international law perspective, SMOM is not a ‘sovereign Order’ (as the ICOC states), but a sovereign subject of the part of public international law that governs interstate relations. This interstate law does not recognise ‘Orders’, but only organisations, entities, subjects et cetera.

Sovereignty in the public-private relation

The SMOM has obviously lost its sovereignty in the public-private relation when it recently experienced a leadership crisis and during that crisis, the Vatican City State took over control of the Order. In December 2016, Albrecht Freiherr von Boeselager protested his removal as Grand Chancellor by Grand Master Matthew Festing. In a confidential letter of 6 December 2016 (see below: sources), to Grandmaster Festing, cardinal Burke pushed the Grandmaster for cooperation and even threatened with a visitation of the Order by the Pope. In January 2017, Pope Francis ordered Von Boeselager to be reinstated and required Festing’s resignation. The Pope also named Archbishop Giovanni Becciu as his personal representative to the Order until the election of a new Grandmaster. This move ignored the Order’s Cardinal Patron Raymond Burke. In May 2017, the Order named Mauro Bertero Gutiérrez, a Bolivian member of the Government Council, to lead its constitutional reform process. In June 2017, at their annual papal audience, the leadership of the Order wore informal attire instead of the traditional full dress uniforms. In May 2018, when a new Grandmaster was elected, Pope Francis extended Becciu’s mandate indefinitely. When the Order’s General Chapter met in May 2019, the participants included three women; a novelty. OnePeterFive of 14 July 2020 revealed that the program of Boeselager and the German SMOM associations is to modernize the Order by reducing its character as a religious order and to have it run by its lay members as a kind of medical NGO.

With regard to the public-private relation, as governed by public national law, public international law and private national law, it cannot be said that the Order is still sovereign, due to the mentioned Vatican City State interventions.

Conclusions

The mentioned events show that the Pope, not the Grandmaster nor the members of the SMOM, are in charge of the Order. Because SMOM allowed interventions by a religious leader and de facto gave up control over the Order, it is not, in any respect, an autonomous or sovereign Order. In contrast, any private association (Order) that is protected by law from state-interference, can be designated as ‘sovereign’ (=Merriam-Webster: enjoying autonomy).

I think it is important that this great Order gets modernized. This way, it can adapt better to a changing world and be more effective in supplying medical care. The Frankfurter Allgemeine puts it perfectly:

Albrecht Freiherr von Boeselager führt den ehrwürdigen Malteserorden. Er bricht mit der Tradition, damit der Orden besser helfen kann.

Frankfurter Allgemeine Sonntagszeitung, 14 July 2019, nr. 28

New principles of the ICOC

In my opinion, the ICOC should develop a new set of principles that can be applied to answer one simple question: “Does, in the opinion of the ICOC, the Order of Chivalry in question have a historical background“? If so, it can be placed on the ICOC-list. I suggest applying an adjusted framework of the one that I used earlier to determine the value of nobiliary titles, issued by Prince David Bagration of Georgia (but this could be an interesting discussion within the ICOC):

  • The status of the issuer (dynasty and person);
  • The status of the Order (original status, current status and their compatibility);
  • The acceptance of the Order (acceptance by the legal successors of the dynasty, and/or by other royal houses and/or by relevant authorities).

Apart from the historical background, I would add a fourth criterium, in order to protect potential members from malversation:

  • Legal structure, financial transparency (Hoegen Dijkhof 2006, pp. 427-432) and contribution to society (inspired by the remarks of Freiherr von Boeselager in the Frankfurter Allgemeine of 14 July 2019).

Conclusions

The principles of the ICOC are in breach with the fundamental rights of association, assembly and freedom of speech. The ICOC should revise its task and should not concern itself with the question ‘who has the right to create orders of chivalry‘, since, in a democratic society, this is legal question that is answered by law and by independent and impartial judges; not by a commission of private individuals. From a legal point of view, the current activities of the ICOC come down to one association, judging another association. Legally, both are to the same extent protected to express their opinions by the freedom of speech. There exists no superiority in this respect.

Instead of focussing on recognition issues, I suggest that the ICOC focusses on criteria to determine that an order has historical legitimacy (a positive approach). This information could be of enormous importance to the public. It is e.g. dishonest for organizers of an Order to make false claims about the historic background in order to attract funding. In addition, members of an Order risk becoming involved in trademark and copyright disputes, when they use emblems that belong to another entity. The primary task of the ICOC should be to protect the public in this respect, since in many Orders high passage and membership fees have to be paid to become and remain a member. To achieve this, the ICOC does not need to make major adjustments. The list of the ICOC itself is, to a large extent, a list of Orders that are historically legitimate, but the pretentions of the ICOC regarding their list are incorrect.

Sources

Confidential documents. These documents include an alternative timeline of events from a number of different sources. The documents report that Cardinal Burke told Grand Master Matthew Festing, that if Von Boeselager was not removed he would “instruct the Holy Father to initiate a visitation of the order”.

Grotius, Hugo, De iure belli ac pacis, ed. Barbeyrac, Jean (Amsterdam, 1720), Prolegomena, n. 52 Google Scholar.

Hugo Grotius, The Rights of War and Peace, edited and with an Introduction by Richard Tuck, from the Edition by Jean Barbeyrac (Indianapolis: Liberty Fund, 2005). Vol. 1. 7/15/2020. <https://oll.libertyfund.org/titles/1425>

Evans, M. D. (2018). International law. Oxford: Oxford University Press.

Evans, M. (2015). The changing nature of religious rights under international law. Oxford: Oxford University Press.

Steinerte, E., & Wallace, R. M. (2008). International law. London: Sweet & Maxwell.

The principles of international law governing the Sovereign authority for the creation and administration of Orders of Chivalry”, in Rory Stanley (ed.), Féil-Scríbhinn Liam Mhic Alasdair – Essays Presented to Liam Mac Alasdair, FGSI (Genealogical Society of Ireland, Dublin, 2009) 15-25 ISBN 9781898471677.

European Court of Human Rights, Guide on Article 11 of the European Convention on Human Rights, Freedom of assembly and association, Updated on 31 May 2020.

Tornielli, Andrea (26 January 2017). “The Order of Malta’s crisis”La StampaArchived from the original on 26 January 2017. Retrieved 26 January 2017.

Hoegen Dijkhof, Hans J. (2006). The Legitimacy of Orders of St. John: a historical and legal analysis and case study of a para-religious phenomenon. Doctoral thesis. Leiden: University of Leiden. ISBN 9065509542.

“Vatican condom row: pope prevails as Knights of Malta chief resigns”The Guardian. Reuters in Vatican City. 24 January 2017. Retrieved on 10 July 2020.

Pullella, Philip (29 January 2017). “The Knights of Malta-Vatican feud: a tale of chivalry and sovereignty”. Reuters. Retrieved on 10 July 2020.

Sack, J. (2000). Report from practically nowhere. Lincoln: IUniverse.

“Pope intervenes in Knights of Malta after head resigns under pressure”. Reuters. 24 January 2017. Retrieved on 10 July 2020.

Pentin, Edward (26 January 2017). “Pope Francis Declares All of Festing’s Recent Acts ‘Null and Void'”National Catholic Register. Retrieved on 10 July 2020.

Brett, A. (2019). The subject of sovereignty: law, politics and moral reasoning in Hugo GrotiusModern intellectual history, 1-27. doi:10.1017/S1479244319000040

Allen J., John L. (13 May 2011). “A triptych on Benedict’s papacy, and hints of what lies beyond”National Catholic Reporter. Retrieved on 10 July 2020. Becciu was Substitute for General Affairs of the Secretariat of State, a position akin to that of a papal chief of staff.

“Lettera Pontificia al Sostituto per gli Affari Generali della Segreteria di Stato per la nomina a Delegato Speciale presso il Sovrano Militare Ordine di Malta”. Holy See Press Office. 2 February 2017. Retrieved on 10 July 2020.

Lamb, Christopher (30 January 2017). “Cardinal Burke ‘in Office but out of Power’ as Job Handed to Papal Delegate”The Tablet. Retrieved on 10 July 2020.

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.

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

1. Introduction

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.

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 a 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 extent 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 the will of the Paternò Castello family, the princes of Biscari, starting in the late 17th century, and 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 did 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.

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

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 favour of his first son as well as in favour of his second son. To his first son (Francesco) he left the claims to the prerogatives of 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 honour 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 honour by the King of the Two Sicilies.

5. Legality of the claims

The pretensions of the House of Paternò Castello were 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.

Dr. Hans J. Hoegen Dijkhof

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.

Judgment of the Court of Bari (13 March 1952).

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.

Judgment of the Appeal Court in Pistoia (5 June 1964).

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

Coat of arms of the pretender of the Crowns of Aragon, Majorca and Sicily
Coat of arms of the pretender of the Crowns of Aragon, Majorca and Sicily

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 of whether 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 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 honour 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

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””