Lesson 3 Part 2
The Chivalry - Classification of the Orders
The historians of Chivalric Orders have diversely classified the institutions and the Equestrian Orders:
The bibliography of the Orders and (information) about their institutions of Chivalry is considerable. I limit myself at this stage to quote only a group of works particularly worthy of note, to serve our purpose. (Later I will provide the list of most of the others.) (Here quote list on (I) on Bascape P. 6)
The famous Sansovino F., in the middle of the XVI century, has formulated the first partitions:
1. The Orders of the COLLAR, reserved to Sovereigns and high Personage, have no religious vows not even other rules except those of honor and of chivalry, and generally "NATIONAL" (S. S. ANNUNZIATA, TOSON D'ORO or GOLDEN FLEECE, those of the GARTER etc.);
2. The Order of the Cross, known also as ECCLESIASTICAL MILITANTS or RELIGIONS, they were subject to special rules, and lived in community life. They also professed vows, and had an international character, (E.G. THE SACRED RELIGION and MILITARY Order of SAINT JOHN OF JERUSALEM;)
3. The Order of the SPURS, (was) conferred by the Popes or the Kings to reward persons who performed good and exceptional deeds. This tripartition is still accepted now by some heraldists and some jurisprudence experts.
Another division was developed by one of the most recognized professors of the XVIII century, his name P. ONORATO di SANTA MARIA. He distinguishes the Hereditary and National from that which is acquired, which he divides in: ROMAN; MILITARY - for military fetes, Honorary - destined to reward civil and religious good deeds -, SOCIAL; ECCLESIASTIC - Knighthood of honor; REGULAR - which has a Religious Rule; and FEMALE, which is considered only as an honorary reward.
Another famous author MAIGNE, in 1861, limiting his comments on the Honorary Knighthoods has proposed to divide these in three types: "GREAT ORDERS" destined only to Reigning Monarchs and distinguished high ranking persons; "COURTESAN ORDERS" destined only for aristocracy. "ORDERS OF MERIT", accessible to all as Decorations as a Thank- You reward for distinguished services.
The critics have pointed out the defects of these and other classifications which I prefer to omit for brevity.
However, I would like to trace down a system of division of Orders under the jurisprudential aspect and in this system I am going to consider only existing Orders and excluding those who have been extinct. Note: (cfr. F. PETETTA, Studi Storici e Note SOPRA alcuni ISCRIZIONI Medio-vali, nelle "MEM. R. ACCADI, SCIENZE E LETTERE" Modena 1909, Series III, Volume VII; PIVANDC, "Lineamenti Storici e giurichici della cavalleria mediovale, nelle "MEM. R. ACAD. SC." TORINO 1907, and the Treatese of C. ARNONE, "Classificazione degli Ordini Cavalereschi, nella "RIVISTA ARALDICA" 1938, fase. IX, P.P. 404 - 414.
1. STATE ORDERS: Those which appear as a moral person or juridical public person: e.g. The State Orders like the LEGION OF HONOUR considered as a model of Chivalric Orders, in the democratic state, which existed after the French Revolution.
2. DYNASTIC STATE ORDERS: Those which before the French Revolution belonged to the Heraldic Patrimony of the Crown. In Italy these would include the Orders of the ANNUNZIATA and that of SAINT MAURIZIO and SAINT LAZARUS.
3. DYNASTIC ORDERS: These Orders are considered Dynastic because it is an accepted juridical tenet, and also under International Law de facto, a dethroned Prince although he loses his throne, he will still hold his "JUS COLLATIONIS" of his Dynastic Orders. Therefore, even in the present time there exist pure Dynastic Orders, which (are) attached to the Sovereignty of the State.
This is the case of the CONSTANTINIAN ORDER OF SAINT GEORGE, whose DE JORE LEGITIMACY is out of any discussion. Another Order considered as the one above is the ORDER of the HOLY SEPULCRE (previously known as Orthodox Order of the Holy Sepulchre belonging exclusively to the RURICK DYNASTY, through the marriage in A.D. 1472 between ZOE (Sofia) PALEOLOGINA, niece of the east Emperor of Constantine XI Paleologo, and IVAN III VERICKY (the Great), Grand Duke of Russia). This marriage brought to IVAN and his descendants the Title of Pretender to the Throne of and encourage the absorption of many noble Houses and Chivalric Orders founded during the Empire. Hence, the title of "ZAR" which means "CAESAR". We will expand on Dynastic Orders later in a different Chapter.
4. PONTIFICAL ORDERS: These are directly or indirectly controlled by the Church. These Orders are to be considered as emanating from the spiritual sovereignty of the Church, which Sovereignty is to be considered Gerarchically superior, in theory, to that of the State.
Some jurists, seem to prefer to put the JUS HONORUM of the Holy See on the temporal sovereignty rather than on that which is spiritual, but in this case when Rome, that is the Holy See, lost its temporal status from 1870 to 1929, (it) would have lost the right to confer honors, which is contrary to the de facto truth.
The majority of these Orders do not derive from the old monastic Orders of the Church and therefore they mostly practice the secular or laical character of the State orders, in fact they have a laical crisma, in as much that they are not conferable to ecclesiastics, whether they are secular or regular, (with the exception of the Order of the Holy Sepulchre) and in as much as vice versa can be conferred even if exceptionally to non Christians.
5. MAGISTRAL ORDERS:
In this category by right we can only put the Order of Saint John of Jerusalem, of Rhodes, and of JERUSALEM, which is commonly known by the nickname of the Sovereign Military Order of JERUSALEM (S.M.O.M.), whose juridical position is most special, because this Order contains two distinct prerogatives: The Religion (Monkhood) and the Chivalric Order annexed to the Religion hence "RELIGIO MILITARIS" military Order of monks.
The Sovereignty, in the form of a person of international law, is an attribute of the religion, (which) is understood under the technical Juridical Canon Law Subject. The Grand Master, Head of the Religion (monks), the Supreme Head of the Order appears to be the holder of the Sovereignty: In fact, in some cases he was referred to as the "SOVEREIGN", for as much as he appeared a Temporal Prince like all the others of that time and eras. Therefore, because this Order is dependent on the Grand mastership, (it) seems opportune to the jurists to call this Chivalric Order "MAGISTRAL" and not of the State.
Substantially, the Orders mentioned in these categories are all based and depend on the existence of a Sovereign State, Sovereign Prince, High Pontiff who is a spiritual and temporal Sovereign, and Sovereign Order. This is what is always undoubtedly accepted in the Juridical Law and Public Law.
Out of these Order's categories therefore, no proper Orders can exist. Those out of this category will be considered as simple "ASSOCIATIONS"; because the JUS HONORUM (Fons Honorum, - Jus Honorandi) has a Transcendental Character and therefore it can only be emanated from a legitimate Sovereignty.
This classification of these Orders under the aspects of modern Public Law, jurisprudence, serves mostly to clarify the meaning of the terms which will be used as we go along this dissertation. Naturally, when we come to talk about the Chivalric Orders emanating from the Church, or those subject to its protection, we have to make another different distinction, of fundamental value: on one side the Chivalry defined as military, regular or effective; on the other side that which is called Honoraria (Honorary).
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