The Order after the loss of Malta to the French:
After the Order lost Malta everything seemed to point to its extinction or at least disintegration, as M. DE. PIERREDON in his publication: “Histoire Politique de l’Ordre Souverain de Malte depuis la chute de Malte jurquia’ nous jours”, published in Paris in 1926. Instead the old Robust Three, that had outlived a thousand trials, still had great force, stamina and vitality that helped it survive again and to continue.
With some changes and new modelling adaptation to our time, the Order managed to conserve its existence. After leaving Malta, Grand Master Ferdinando Hompesch landed in Trieste and tried to regroup the Order, but considerable number of knights asked for and obtained the protection of the Emperor Paul I of Russia, and therefore they elected him their Grand Master. (This if nothing was very anamalous, he was Orthodox and therefore he was not eligible to head a Catholic Order. He was married and therefore could not take the vow of celibacy, which all the Knights had to profess, and therefore he could not become their Grand Master). However, after the demise of Paul I of Russia, Pope Pius VII nominated for the Grand Mastership Fra. G.B. TOMMASI, who after reconstituting the Grand Counsel at Messina and later in Catania, he was recognised by many nations, but he failed, even through diplomacy to retake Malta.
After, Fra. Tommasi, who incidentally was nominated by the Pope and not elected Grand Master from 1805 to the year 1817, the Order was governed by Lieutenants. Their prime aim was to recons true the Order to organise the National Associations, which in part somehow substituted the Old Langues and to try to revive some Priories. The Seat of the Order was transferred in 1826 to Ferrara and in 1834 to Rome, under the direct protection of the Pope. In 1878 Pope Leo XIII re-established the Grand Mastership.
It is important to point out that in 1312, when the templars were suppressed; their property had passed to the Order of St. John. Another aggregation of property in favour of this Order has taken place in 1439, when Pope Innocentius VIII with his Bollam “CUM SOLERTI MEDITATIONE” had suppressed the Order of the Holy Sepulchre (of Rome) whose founding seems to have taken place during the XII Century. After this, the Grand Master of St. John has added the Title “MAGISTER SACRAE DOMUS HOSPITALIS SANCTI JOHANNES JERESOLIMTANI ET PAUPERUM JESU CHRISTI CUSTOS”.
The second title (which incidentally they still claim to this day) of Grand Master of “Militaris Ordinis Sancti Sepulchri Dominici!. We will expand on this later on, when we consider the Equestrian Order of the Holy Sepulchre of Jerusalem.
To confirm the above we would like to refer you to some authors:
LANGLOS ‘Le proces des Templiers d’apres documents nouveaux’ in
Having ceased to operate their military functions, which have lasted more than five centuries, the Order returned back to its primitive Hospitalier functions. And so, from 1834 has started to operate hospitals, ambulance service, and asylums for children, and in general assist in Social Welfare and Assistance, according to the spirit of the old statutes.
Part II: Other Chivalric Orders bestowed by the Vatican are: The Order of Saint Gregory the Great, The Order of St. Sylvester, the Order of the Golden Spurs. These Orders are given only as honorary Decorations with no duties attached.
Part III: The Equestrian Order of the Holy Sepulchre of Jerusalem. The character of this Order, one of the most ancient and Glorious Military Orders of Christianity, obliges us to give it special treatment. This Order cannot be considered as a Pontifical Order, in as much as it has never been conferred directly by the Holy See, but it has a special place in the history of Christian Knighthood. It is governed and administered by the Latin Patriarch of Jerusalem by a Papal Delegation.
Historical notes: a pontifical note as the most ancient Order of Chivalry classifies This Order; in fact its origin is sometimes attributed to the times of Constantine the Great. In reality, as we already have pointed out befor, no military religious Order has started before the XI century. The most accepted opinion is that this Order knows its origin to a group of knights from the Crusades who had formed themselves voluntarily in a group for the protection and the defence of the Holy Sepulchre, after the conquest of the Holy Land in 1099. They put themselves under the obedience of the Prior of the Chapter of the Holy Sepulchre, who on his part depended on the Latin Patriarch of Jerusalem. This has formed a Sodality – not yet an Order – with a Religious – Laico Military character. It had no constitution until 1114, when the Patriarch transformed it into a regular Order, calling it “Order of the Canons of the Holy Sepulchre”, professing the Rule of Saint Augustine (PERREDON, op. Cit. Pp.21-22 and VISCONTI op. Cit. Pp.23). This fusion was so complete that sometimes even the Ordained Monks took part in Warfare.
After the capture of Palestine by the Turks in 1291, the Canons of the Holy Sepulchre ceased to exercise any military activity, at least in Jerusalem. The old knights continued to create knights both in Palestine and in Europe, under the saying held at that time that any knight can create other knights. But although the Old Knights had the faculty to create others, it was required by Canon Law that the Investiture had to be officiated by a Priest, or a Monk, as per the Old Ritual. Hence the origin of Chaplains of the Orders.
Two very important reforms took place in the IV century. Pope Innocentius VIII by the Ball
Again it seems certain that a little short while after Pope Alexander VI “Vivae Vocis Oraculo” has authorised the Custodians (Franciscan Priors) of the Holy Sepulchre to confer the dignity of “knight on the Holy Sepulchre”. By this time many knights asked the Holy See to preserve the Order in their States, thus the Order survived in Germany, in Poland and in Moscow which included those of Hungry, Bohemia, and in many other places like Spain. Pope Julius II in 1505; Pope Leo X in 1513 and 1520; Pope Clement VII in 1524; and also by Pope Sistus V in 1586 confirmed the preservation of the Order.
An institution, similar to the Order of the Holy Sepulchre, with whom it had many relations, was the Order of St. Catherine of Mount Sinai. These Knights who had the rule of St. Basil were similar to the Knights of the Holy Sepulchre (Perrot – “Avaient La Regle de Saint Basile et le memes institutions que les Chevaliers du Saint Sepulcre”). They were mostly Orthodox and therefore they were annexed to the Priories of Moscow.
In reality, though, it is licit at least to suspect that the Ball of Pope Alexander VI did not exist. Many recent historians are of the opinion that at the end of the XV century the reconstitution of the suppressed Order as such did not de facto take place.
The Holy See authorised the continuation of the conferment of the chivalric dignity on the Holy Sepulchre as an honorary title (BOSELLI, “L’Ordre de Saint Sepulcre de Jerusalem” in the
Pope Leo XIII with an Apostolic Letter of the 3rd August 1888 extended the knighthood to the female sex with the title of DAME, while all the Orders of the Holy See were reserved only for the male sex. Several changes have evolved by an Apostolic Letter of the 6th January 1928 by Pope Pius XI, with a Decree of the Holy Congregation of Ceremonies of the 5th August 1931, and finally by the new Statute of the Order approved by a Decree of the same congregation on the 19th of March 1932.
The Apostolic Letter of Pope Pius XI revoked the Apostolic Letter “Quam Multa” of Pope Pius X, which reserved the Grand Mastership of the Order to the Person of the Holy Pontiff. The document of Pope XI established that for the future, the Order (Under the protection of the Holy See) would depend exclusively to the authority of the Latin Patriarch of Jerusalem pro tempore; who as Rector and Perpetual administrator, will have the power to create knights. But why, one may ask, did Pope Pius XI abolish the Grand Mastership assumed by the Pontiffs? Pope Puis XI decided that the Pope is higher than a Grand Master and can dispose of Church Orders. A typical example is the cessation of the Grand Mastership of the Order of St. Lazzarus to the Savoia Dynasty. With the Decree of 1931, the name of the Order was changed to that of “Ordine Equestre del Anto Sepolcro di Gerusalemme” as we know it today. Pope Puis XI established also that on the Diploma would be His Visum and Seal – a necessary condition for His official recognition.
Finally, the reconstitution of the Canons of the Holy Sepulchre, in 1847, who formed part of the Order, and therefore represented the clerical and professed element. This confirms that today the Equestrian Milizia of the Holy Sepulchre has again taken the same shape of the older Order. (Lovera di Gastaglione in “ L’Ordine del Santo Sepalcro, come Milizia” in the Rivista
Part IV: The Independent Orders vis a vis the Holy See and the Italian Law.
A question of notable significance and of great importance in the field of history and of the Chivalric Laws is that of the Equestrian Orders called “Independent”. What is their position in the Italian Law, in the Canon Law and in the International Law?
We have already stated previously how these Chivalric Orders were constituted by groups of knights assuming a Rule; or by the will of Kings, or Princes.
We have seen how these institutions had always asked for the approval, or the protection of the Holy See or Church, which somehow or other exercised full power for their reforms.
Suffice to mention the suppression of the Templars, the amalgamation of the Order of the Holy Sepulchre to that of the Order of St. John of Jerusalem, and other direct intervention by Popes, like the approval of the transition of the Grand Mastership of the Order of St. Lazzarus to the House of Savoia, and that of the Constantinian Order of St. George to the Farnesi and later to the Borbons. In reality, these Orders can be classified or divided into four Categories:
Dynastic Orders: which belong to a reigning monarch or ex-reigning monarch and definitely not the State.
Equestrian Orders: held by a Master General of a Religious Order;
Equestrian Orders: held by a Bishop:
Independent Orders or Private Orders: which have never been approved or controlled by the Holy See, or by a Sovereign State, or by a Dynasty reigning or not, and therefore they should be referred to as: PRIVATE CHIVALRIC ASSOCIATIONS.
Not to unnecessary prolong this history we tend to ignore, ‘b’ Orders held by a Master General of a Religious order, and ‘c’ Orders held by a Bishop because of their small value. But ‘a’ and ‘d’ cannot be ignored and must be given the importance they deserve.
DYNASTIC ORDERS: These Institutions form part of the Heraldic Patrimony of a Sovereign House, based on the direct descendants of the same House, independent by whether it is still exercising or not their Sovereignty which in its full exercise hold four fundament rights, namely:
The Jus Imperii or the right to command and govern.
The Jus Gladii or the right to impose and demand obedience by their command.
The Jus Maestatis or the right to be honoured and respected.
The Jus Honorum or the right to reward merit and virtue.
When a Sovereign loses his throne and political dominion, without abdication of those rights, and without acquiescence to the new dominion or power, he would definitely suffer unavoidably a decrease in the above mentioned power and rights. He loses the first two prerogatives, namely the Jus Imperii and Jus Gladii, but he will definitely reserve these two prerogatives, In Pectore et In Potentiae, as the person who is a Pretender to the lost throne.
To the deposed Sovereign remain intact the other two rights, namely, the Jus Maestatis and the Jus Honorum, which in their integrity remain in this particular case his prerogative under the name of Fons Honorum preserving this right in his person and his blood descendants to create nobles, to give knighthood and honours in the established Chivalric Orders belonging to his Dynastic House.
This right will be transmitted AD INFINITUM to his descendants Jure Sanguinis in the person of the Head of the Name and Arms of his Dynasty. It is therefore not by chance, but by God’s given right that to this day the Head of the Savoia Dynasty still confers the knighthood in the Order of S.S. ANNUNZIATA and the Order of S.S. MAURIZIOE e LAZZARO both forming an exclusive part of his late Sovereign House. Under the same privilege the Head of the AUSBURGE DYNASTY conferees the kinghthood in the Order of the Golden Thistle (Toson d’Oro). They have never been challenged to desist from doing so by any government.
In the International Genealogy and Heraldry conventions held at Stockholm in 1960 and successive meetings held at Edinburgh in 1962. During different sessions of the permanent historical commission for the study on Chivalric Orders, it was defined by which principles whe can establish the validity of Dynastic Orders. They also published list called the Register of the Orders of Chivalry. Report of the International Commission for the Orders of Chivalry
Tout Etat independent a le droit de creer et de reglementer a sa guise ses propres ordres et decorations de merite. Mas il faut souligner que seuls les degres superiers des Ordres d’tats modernes peuvent etre consideres comme vraiment chevaleresques a condition, toutefois, toutefois, qu’ils soient conferes par la Couronne ou par le Chef pro tempore d’ un Etat traditionnel.
Les Ordres dits dynastiques ou de famille, appartenant jure sanguinis a’ des Maisons souveraines (c’est-a-dire reconnues internationalement commen telles, au temps du Congres de Vienne en 1814 ou plus tard) soit qui’ils relevent d’une Maison actuellement sur le trone, soit d’une Maison qui ne regne plus, gardent intacte, en depit des changement de regime, toute leur validite historique et sociale. Ce serait ultra vires se les Etats, qui ont pris la place des anciennes Monarchies, s’avisaient par des mesure legislative ou autres de s’immiscer dans les affiare interieures des anciens Ordres. Que ces derniers ne soint pas officellement rreconnus par les nouveaux gouvernements n’entache pas leur valeur traditionelle, sur le plan historique, healdique ou nobiliaire.
Il est generalement admis par les juristes que les ex-Souverains n’ayant pas abdique, et don’t la position est differente de celle de simples pretendants, conservent leurs droits comme
Bien qu’autrefois – il y a plusiurs siecles – des particuliers de haut lignage aient pu creer des Ordres de Chevalerie independants, qui ayant acquis, par la suite, un prestige considerable purent obtenir d’etre valides formellement par las Couronne ou par l’Eglises, cette faculte de creation est tombee depuis longtemps en desuetude et un Ordre de Chevalerie, tei qu’on le concoit de nos jours, ne saurait exister valablement sans dependre d’une autorite souveraine, et en etre legitime. . .
Translation from French to English:
Every independent state has the right to create and regulate as it sees fit – its own orders and decorations of merit. But it must be underlined that only the higher degrees of merit. But it must be underlined that only the higher degrees of orders of modern States can be considered as authentic knightly degrees on condition, however, that they are conferred by the Crown or by the Chief ‘pro tempore’ of a traditional State.
Dynasty or family Orders, belonging jure sanguinis to soveriegn houses (i.e. recognized internationally as such as from the Congress of Vienna in 1814 or later) or coming from a House that is actually on the throne or from a House that is no longer in power, keep intact, in spite of any changes of government all their historic and social validity. It would be ultra vires if the States, which have replaced the Old Monarchies, intend to get mixed up by means of legislative measures or other in the internal affairs of the Orders. That the latter are not officially recognized by the new governments does not diminish their traditional value, in the historic, heraldic or nobility level.
It is generally admitted by jurists that ex-Sovereigns not having abdicated and whose position is different from that of simple pretenders, conserve their rights as fons honorum including that of disposing of the Orders “of the Crown”, of which they continue to be, on a personal level, the Grand Masters, and not being considered as dynastic, can still be classified as forming part of the State or Merit Orders.
Although in the past – centuries ago, particulars of noble lineage were able to create independent knightly Orders, acquiring in the process considerable prestige which allowed them to be formally recognized by the Crown or by the Church. The practice is no longer practiced nowadays, and an Order of Knighthood, as it is conceived today, cannot really exist without the dependence of a sovereign authority, which gives it its legitimacy.
For the reason given above, it is necessary to point out that Jurisprudence, even to this day, has recognised an international juridical position, in all and for all identical as under the International Law, as the one recognized to the holy See (Vatican) in the period between 1870 and 1929, even if it was an entity without territorial Sovereignty to the Sovereign Princely Families and ex-Monarchs (the Sovoia of Italy and the Grand Dukes of Moscow).
Therefore, it is proper to point out, that Sovereignty is a perpetual quality, firmly connected and united in centuries to all the descendants of the person who has achieved it or revindicated it the first time “ad infinitum”, in the physical person of the Head of the name and arms of the Dynasty. Independently of whatever consideration or inquiry of politico – juridical nature, moral or social nature, that the latter can do; and that, as history teaches, cannot absolutely interfere on the quality of the Sovereignty of the holder.
From this principle also follow, that even if the Sovereign abdicates and renounces these rights, it is Null and Void in any juridical sense, because these rights, inseparable from Sovereignty, will return to Him, for the fact that He is the Sovereign. An eventual abdication, declarative or translative act would acquire juridical effect, it is required that He will Divest Himself of His Sovereignty, that of His Rights and the Title as Head of the Name and Arms of the Dynasty.
These Titles are in effect, a particular quality acquired by birth, both in the sense of the State, and in that of a Dynasty which is Perpetual, not only in the physical person of the so called Sovereign, even if He is dispossessed, but also by all direct line descendants. (cit. Prof. Ant. Accogli of Predesklava, “La Cas Granducale di Mosca nella storia”, ED. Accademia di San Cirillo, Rome).
In Italy two of the most famous amongst the dynastic orders, which are tied to great ex-Sovereign Dynasties, are worth mentioning. Firstly, the Constantinian Order of Sain George which is still being given. Secondly, the Order of Saint Stephen of Toscany, which for some reason or other is not being conferred anymore. One reason, some say, is that Napoleon in 1809 signed an Imperial Decreed for the Suppression of the Order of St. Stephen, butjuridically he was not competent to do so and therefore this decree was ultra vires, and therefore null and void. The Italian government, with a Decree of 1859, again abolished this Order. However, the jurists held that the Italian government was also ultra vires, after taking in consideration the partial religious nature of the Order.
For this reason heraldists maintain that this Order still exist De Jure and De Facto as a Dynastic Order and the Head of the Lorenese House is still its hereditary Grand Master.
Other Orders belonging to the Grand Duke of Toscany in Italy are, the Order of Saint Joseph, the Order of the White Cross or Fidelity, both instituted by Ferdinand III, and another is the Order for Military Merit founded by Leopold II. These three Orders are considered as Stately Orders (belonging to the State) and therefore have to be considered as ceased to exist (extinct).
The same fate had the Order of Saint Lodovico instituted by Carlo Ludovico of Borone in 1836 (Parma and Lucca); the Order of Saint George (Lucca) and the order dell’ Aquila Estense, under the patron Saint San Cantardo (Modena) instituted by Francesco V d’Este.
They are princely Orders whose prototype is the English Order of the Garter (c.1348). These were societies of favoured knights gathered by Sovereign Princes. Among the Orders of this type, there are the Most Ancient and Most Noble Order of the Tistle (Scotland c.1480 and revived in 1687), the Order of Saint Michael and Saint George, the Order of the Bath, Knights Bachelors and the Order of Saint Patrick, founded in Ireland in 1783 by George III (no conferment since 1934).
The Order of the Holy Sepulchre founded by Henry II.
Under this Order, Richard the Lionheart captured Acri. The Knights of this Order profess the Rule of St. Basil. From Henry II until Henry VII, all English Kings were Crowned and held the title of Defender of the Holy Sepulchre. There was also the Order of the Golden Fleece in 1430, which later were established in Spain and Austria. It is difficult to say whether these Orders belong to a Dynasty or to the Realms.
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Order of the Holy Sepulchre.