LAWS OF NOBILITY
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Further evidence of this is given in the express recommendations of the Royal Commission on Titles of Nobility 2nd February and in the Decree of King Francesco II of the Two Sicilies 16th September both of which support the transmission in the female line of the title of Prince of Emmanuel. Georgian succession laws are not Salic.
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Women did rule more than once, in fact, one of the greatest heroes and sovereigns in our history was a woman. King of Kings Queen of Queens Tamara is celebrated as one of great people of our land. The rule of succession in the Bagrationi dynasty is similar to that of Byzantium, according to which the royal throne could be transferred not only to the eldest son, but also to the youngest one. In the absence of a male heir, the throne of Georgia could then pass to the eldest daughter. When a Georgian female heir-to-the-throne got married, the Georgian Dynastic Law of? According to succession law, if a princess of the royal blood marries a noble, he would be recognized solely as the Prince consort and the children become nobles rather than royals.
I t is a general principle of nobiliary law that the head of a dynasty which formerly reigned retains jure sanguinis, that is by hereditary right, the faculty of conferring chivalric and nobiliary honours, known as the jus honorum in the act of so conferring them he is called fons honorum, fount of honours and retains his sovereign rights irrespective of political changes or territorial considerations. Ferrari, Rome, p. By this doctrine the Prince logically retains his sovereignty always suprema potestas, whence supremitas, sovereignty even when he is no longer reigning.
S ince all power is thus centered in the sovereign, he possesses the political authority, jus imperii, the civil and military power, jus gladii, the right to respect and to the honours of his rank, jus majestatis, and finally the right to confer honors and privileges, jus honorum G. A sovereign, whether actually reigning or a Pretender, may not only confer in particular his dynastic Orders, but may also create new ones and revive those which were founded by his ancestors this principle has been determined by the Italian Supreme Court of Appeal without taking into consideration the fact that by the vicissitudes of succession or of politics some of those Orders may have passed in to the hands of another dynasty.
T he Italian Law of admits the existence of non-national Orders and distinguishes them from State Orders, as being conferred by other than private societies or associations. With the exception of the Sovereign Military Order of Malta, we may broadly speaking identify two types and say that non-statutory Orders are none other than non-national Orders. Among the latter we may disregard the capitulary Orders which elect their own Grand Masters and we may concentrate upon those which have been founded by dynasties, which may not in fact be now reigning.
According to the above-mentioned Law, such Orders are legitimately conferred and as such valid. P rof. Powell-Smith writes Submission cit. The Congress of Vienna merely effected the settlement of Europe after the Napoleonic Wars, and nothing more. Changes in the political structure of Europe have occurred since the Congress of Vienna: for example, the establishment of the Balkan kingdoms and the unification of Italy and the sovereigns of these kingdoms acted as fontes honorum.
The purpose of the Congress of Vienna was to reorganize the territorial boundaries of European states. Certain states, the existence of which had been effectively terminated the by Napoleonic settlement were not re-established but were integrated into larger units, the sovereign princes willingly accepting such an arrangement which retained their rights as princes but removed their former territorial rights the case being of numerous small German principalities. The rights of fontes honorum not represented or discussed at the Congress because they had no interest in its decisions which related to de facto territorial adjustments could not have been affected by what was decided at the Congress or later arguments ex silentio on the question.
I t is clear that the concept of sovereignty may have different applications in reference to the sovereignty of a modern state as distinct from that of a Pretender. Generally speaking the sovereignty of a state is exercised within the ambit of a definite territory, upon a population either the subjects of an absolute monarchy or the citizens of a republic in an international context. In the case of a Pretender his sovereignty is exercised neither within the ambit of a territory nor upon a population nor in an international context. T he absence of a territory is not a determining factor; its possession is in fact subject to political vicissitudes, which have no bearing on the rights and the legitimacy of the pretension of a Pretender.
In his case the concept of a population of subjects is replaced by that of the supporters who, by one means or another, uphold his cause.
The international context is subject to political assessments and to the relative policies of governments, which in a changed view of the state the will of the people has replaced the divine right of sovereigns do not recognize the pretensions of once reigning Sovereign Houses unless they enter into the perspectives of the pursuit of the well defined ends of international politics.
I t is clear that henceforth, as it has been for some time, modern states will not recognize either Pretenders or non-national Orders of chivalry. That does not mean to say in the case of many Orders or of formerly reigning Sovereign Houses that they are condemned to a limbo of parchment and tinsel. Countries generally do what they wish to, in spite of international law. For example, a legal opinion written by Willliam P.
Barr, assistant Attorney General on June 21, , declared that the United States "has the power to override customary international law" in certain areas.
1 The Matveyev Incident
This understanding that the US has unquestionable authority " to exercise the sovereign's right to override international law including obligations created by treaty has been repeatedly recognized by courts. Archbishop Hyginus E. Cardinale in his book stated:. No authority [no matter what that authority is] can deprive them of the right to confer honours, since this prerogative belongs to them as lawful personal property iure sanguinis [by right of blood], and both its possession and exercise are inviolable. Although not an international court, the following legal conclusion reflects knowledge of perpetual sovereignty.
The learned Italian judge officially recognized that:. Giovanni de Gioca, March 13, Let us examine the prerogatives of fons honorum only from the point of view of a right to grant nobility and titles of nobility :. The Republic of the United States of America abstains to confer or recognize nobility and noble titles coming from foreign sovereigns or powers. There was and there are still Republics conferring nobility and titles of nobility.
The United States of America does not grant titles of nobility and limts citizens' ability to accept titles from abroad.
Reign of Louis XIV
Its fons honorum emanates from the people of San Marino themselves represented by it? So the noble honors of San Marino come really from the nation. These titles of nobility are granted only to non-citizen foreigners for services rendered. They are symbolically attached to precise places, villages or towns of the territory without being linked to any property ownership. That resembles the British system of peerage, and to a lesser degree the French system, generally accompanied by a genuine property.
Now we find here below the American Constitutional basis. The American system of honors is relatively close to this model in many aspects. First let us note that in the United States of America, the Constitution completely denies to the nation state any rights to grant titles of nobility and furthermore forbids its citizens from accepting any titles of nobility from any foreign sovereigns or powers. The sanction is heavy : the loss of citizenship". The US Constitution does not ban American citizens from receiving titles of nobility from other countries, and one may be born into both.
While there is a proposed Constitutional amendment currently pending that would more broadly revoke the citizenship of any person who accepts a foreign title of nobility, it has been pending since ". Now let us see an element of the legal doctrine:. Congress, and most state legislatures, are otherwise precluded from issuing domestic titles of nobility, as Article I, Section 9, clause 8 , of the original Constitution makes clear.
Let us examine the consequences. The article 1, section 9, clause 8 and 10 of the American Constitution forbids to the United States and evidently the states of the Federation to grant notably titles of nobility, and forbids also to the American citizens from accepting or bearing such titles coming from foreign sovereigns or powers except for the permission of the Congress, which is never given. The sanction is heavy : the loss of citizenship. We see also, that the title of squire or esquire is excluded. See Blackstone quoted by Carlton F. February 23, "In prison but innocent": 40 euro compensation for Vittorio Emanuele of Savoy..
Royal Patrons Website. Please do not change this code for a perfect fonctionality of your counter bibliography counter. Internationale Monarchiste.
The defined nobiliary law as "national legislation, or international or national customs, regulating nobiliary issues. In many cases this is not codified, but rather a set of rules and traditions having gained acceptance". Claims to nobility by noble persons, where the claims cannot be automatically verified.
This could be e. Borderline cases, such as which among the ancient patrician families were, and were not, to be numbered among the nobility. Heraldry, and more specifically the use of certain symbols usually reserved for the nobility, such as coronets of nobiliary rank, the use of supporters, etc. Also marshaling of arms, that is the proper combination of two or more coats of arms due to marriage between two noble families, and similar issues may be regulated. In fact, research has shown that those countries that have constitutional monarchsgenerally have the best economies, wealth, prosperity, freedom and stability on the earth.
The International Commission on Nobility and Royalty was originally conceived to protect the field of nobility and royalty from modern day pirates who impersonate, and by their fraudulent declarations defame and denigrate those who hold authentic titles and valid claims. Education through articles are the chief means the Commission will use to defend and preserve the field from the menacing forces that are presently besieging it and denigrating its members. Regrettably, there are literally thousands of people with phony titles of nobility, who claim royal or noble descent.
They are masquerading as genuine title holders throughout the earth. Some thirty or more foul organizations are deceifully pumping out hundreds of counterfeit title holders, and at least forty plus self-appointed phony orders of chivalry exist -- giving out imitation knighthoods rather than authentic ones. By the turn of the century, this kind of fraud has more than quadrupled. The problem is, not only are they fake, but title inflation cheapens the greatness of those who are real, and hold authentic titles and genuine honors.
Another way this hurts what is real, is that number of these self-deceived impersonators believe they are suddenly high class and give out bad examples, which makes what is real look bad. That is, instead of being unpretentious and dignified, they are, to some degree, showy, high minded and haughty, which behaviour turns people off; such that, those who deal with them tend to consider all title holders with distain as snobby individuals.
The legitimate nobles are not this way, but it is often quite difficult to discern the actual and real from the fakes without specialize knowledge -- hence, the existence and importance of this website. Others claim illustrious ancestors based on nothing more than family fairy tales or vague legends passed down through the generations, or because of unscrupulous greedy men who sell unproven pedigrees on the internet to the unwary and unguarded.
In general, internet fraud is a frightening and growing problem. This huge amount only expresses what has been complained about to the authorities. Much more fraud actual occurred -- probably seven to eight times as much, but was never reported.
This kind of crime is rampant and epidemic. It also exists in the field of nobility and royalty. It is a very sad and undeniable fact that we live in a day of increasing frauds, bogus titles and scoundrels who plunder and take advantage of the innocent and the ignorant. Hence, there really needs to be a practical and effective organization designed to help protect the public and safeguard it from the lies and deceit of the self-proclaimed title consultants, fake knighthoods and unaccredited genealogists.
Another threat to the field is the domestic or nationalistic belief that any title of nobility given by a former sovereign house in current times is for private use only and has no worth or value, because no government will recognize it.
However, under international law, deposed royal houses are legally sovereign and therefore can preserve those rights by obedience to the laws that can preserve it intact from generation to generation.