The Scientific Juridical Analysis of the Succession to the Headship of the Royal House of Bourbon Two Sicilies and the Grand Magistry of the Sacred Military Constantinian Order of of St. George -- International Politics in the 21st Century

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Date Posted: 19:49:41 01/25/05 Tue
Author: Dr. Carl Edwin Lindgren
Subject:

The Scientific Juridical Analysis of the Succession to the Headship of the Royal House of Bourbon Two Sicilies and the Grand Magistry of the Sacred Military Constantinian Order of of St. George

An Abstract

The Scientific Juridical Analysis of the Succession to the Headship of the Royal House of Bourbon Two Sicilies and the Grand Magistry of the Sacred Military Constantinian Order of of St. George of Naples

Stephen Kerr, B.A.A., J.D., L.L.M., M.A.T.

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HERITAGE OF THE SACRED MILITARY

CONSTANTINIAN ORDER OF ST. GEORGE

Please note that some parts of the early history of the Order, like that of some others (i.e. Equestrian Order), are deeply embedded in legend and speculation . I have covered this in a historical and legal manner and do not touch upon its actual existence thereof as a factual series of events. My original 1973 study analysed the succession dispute to both the Headship of the Royal House of Bourbon-Two Sicilies and to the Grand Magistry of the order of Constantine St.. George from the perspective of public international law, which may be summarised as follows:

The seed from which sprang the present Sacred Military Constantinian Order of St. George under the Magistry of the Chief of the Royal House of Bourbon-Two Sicilies can be traced to the famous vision of emperor Constantine I �The Great� before the Battle of Ponte Milvio. According to Constantine�s biographer and friend Eusebius, in A.D. 313 the Emperor was pondering how he would defeat his enemy Maxentius who had a larger army, when suddenly he and his worried troops saw a vision of a cross flory in the face of the sun circumscribed with the motto In Hoc Signo Vinces � �By this Sign you will conquer�. Constantine ordered that a special device, called the Labarum, be made for the Roman army to carry into battle.

The Labarum consisted of a long gilt spear with a transverse bar forming a cross, crowned with a wreath of gold and jewels enclosing the Chi-Rho monogram of Christ, also seen by Emperor Constantine in a previous dream, with a square purple banner inscribed TOTT� NIKA (�by this sign conquer�) and embroidered with precious stones interlaced with gold hanging from the cross-bar. There were medallions of the Emperor and his sons immediately above this banner. This present insignia of the S. M. Constantinian Order of St. George is derived from the cross flory seen in the vision, over which is superimposed the Chi-Rho monogram which surmounted the Labarum; the Letters IHSV for In Hoc Signo Vinces are representing God as the Beginning and the End, were added to either army of the cross.

Trusting in God, Emperor Constantine led his now confident army with the Labarum at its head to the Milvian Bridge to face Maxentius. Although far stronger, Maxentius and his army were routed, retreated to the Tiber but were unable to cross the bridge. Constantine and his army drove them into the river where Maxentius and most of his troops perished.

In his thanksgiving to God for this great victory, Constantine discerned that Christianity is the True Faith and that Jesus is, indeed, Lord. He later ordered that Christianity be recognized as the religion of the Roman Empire, encouraged mass conversions to Christianity, and ultimately became a Christian himself. Significantly, Emperor Constantine�s mother, St. Helena, discovered the remains of the True Cross on an expedition to Jerusalem, which is celebrated on September 14th as the Feast of the Exaltation of the Cross.

Constantine also decided to make the Labarum the official standard of the Roman army. He instituted a special honor guard for the Labarum composed of fifty men of the Christian faith from his Imperial Guard who were renowned for courage and strength to carry and defend the Labarum. This guard wore a badge of the Cross seen by Constantine on a chain around their necks. Eusebius describes the institution of this guard as follows (Eusebius, Pamphili II, De Vita Constantini, Lib. II, Chap. Vii; tr. By Migne, Patrologiae Cursus Completus, Series Grueca, tom. 20):

Fifty men were chosen to carry the cross. Therefore, upon men chosen from the Imperial Body Guard possessing strength of body, fortitude of mind, and professing the true religion, he imposed this one duty: that they zealously take care of this sign. There were in all fifty men, who had no other duty than to stand around and protect with their guard the sign, which they carried on their shoulders by turn one at a time. While he was having some leisure, the Emperor himself told these things to us, who write this story, a long time after they had happened.

The institution of this guard is depicted in one of the sculptured panels in the triumphal arch erected by the Senate in 315 near the Colosseum to commemorate Constantine�s victory: Constantine is seated on a throne distributing copies of the cross seen in his vision. Beneath the panel is the inscription: Constantinus Maximum Imperator postquam Mundatus a lepra per medium Baptismatis milites sive equites deauratos creat in tutelam Christiana nominis (Constantine the Great Emperor, after he had been cleansed from leprosy through the medium of baptism, elected soldiers or knights [literally �gilded horsemen or noble horsemen�] for the protection of the Christian name.�).

The language milites sive equites deauratos indicates that the Labarum Guard was composed of �gilded horsemen� or noble horsemen, signifying they were either persons of high social station or officers rather than foot soldiers or enlisted men. This archaeological evidence is supported by the Code of Theodosius the Great (Imperabat 379-395) which treats the Labarum Guard and states Emperor Constantine was its founder.

Religious significance was added to the Labarum Guard by St. Basil�s (vivebat 329-379) institution of a religious rule for the Guard, which began to live a common religious life. The ideals in the Rule of St. Basil are followed by the modern S. M. Constantinian Order of St. George and can be translated into contemporary understanding as follows:

1. In the first place be ever mindful of the Passion of the Lord Jesus Christ who shed His blood to free us from the fall of our first parent, and on this account fast every Friday.

2. Fight for the Christian Faith and for all of Christendom.

3. Deliver the Church of God and its priests from the plots of its aggressors.

4. Wage war only against the enemies of God and the Church and Christendom.

5. Remember the Scorn which Christ endured, and therefore be patient under injuries and, like Him, meek and gentle.

6. March under the Cross, for it is Christ�s token and standard.

7. Take vengeance for His death on anti-clericals, secularists, liberal-socialists, and all traitors.

8. Protect and succor in their necessities widows, orphans, destitute children, and all that be in distress.

9. Live under obedience and do not be a knight-errant.

10. Live chastely and be content with one wife.

Pursuant to a request from Emperor Marcian, Pope St. Leo I the Great confirmed in July 456 the Rule of St. Basil for the Labarum Guard which erected it into a religious community of warriors as a right in Canon Law under the spiritual jurisdiction of the Holy See:

Joining apostolic authority to the rule of Basil, Bishop of Caesarea, of a most holy life, which he prescribed for the officers [literally, soldiers] of the Constantinian Brotherhood, who are signed with the brand of the red cross, I acknowledge and confirm for you and for this very Prince Alexius, the Supreme Moderator of the Brotherhood, this very rule filled with Christian and moral doctrine. Thus joined and signed by my hand, I transmit it as you desire.

A letter dated March 489 from Emperor Zeno (Imperabat 474-491) to Prince Alexius Angelus Flavius Comnenus (mentioned in St. Leo I�s Bull as the hereditary Supreme Moderator of the Guard) and his son Michael affirms (1) Emperor Marcian had, indeed, petitioned Pope St. Leo I to confirm the Rule of St. Basil for the Labarum Guard and (2) that the Guard had been founded by their ancestor, Emperor Constantine (the Comnenus family claimed descent from Constantine):

Now your forefathers had already approached us a long time ago when they were eager to gather various officers [literally, soldiers] into bands and to instruct them by a certain rule of moral and pious training. Through the most serene Marcian, our predecessor, you had sought from the most holy Leo, Bishop of Rome and the universal church, the confirmation of this same rule which Basil, Bishop of Caesarea, of holy and venerable memory, wrote for the said Brotherhood of Knights [literally, horsemen], which indeed was willingly granted by the same Roman patriarch as you have shown.

The famous St. George (of Cappadocia) became the patron saint of the Labarum Guard due to the symbolism of his defeat of the dragon as victory over evil, which is an allegory to the spiritual combat that every Christian must wage in this life. He is the Patron of Knighthood, of all Christian warriors, and of the historic St. George orders such as the S. M. Constantinian Order of St. George, the Order of the Garter, and the Royal Order of St. George of Bavaria.

Evolution into an Order of Chivalry: Although Emperor Constantine�s foundation of the Labarum Guard in 313 is well enough documented, no one claims that it was established as an order of knighthood as of that date. It was simply a religious community of fifty soldiers (officers) entrusted with guarding the original Labarum, existing as a hereditary right or estate of the Comnenus family.

The Constantinian Labarum Guard under the patronage of St. George had been in existence for 877 years when the crusaders of the Fourth Crusade passed through Constantinople in 1190. Byzantine Emperor Isaac II (Imperabat 1185-1195) studied the chivalry of the west, especially the three great military-religious orders, the Knights of St. John (Now termed the Sovereign Military Order of Malta or S.M.O.M.), the Teutonic Order, and the Templars (defunct since 1307).

Desiring a military-religious order of his own, Isaac II decided to transform the Labarum Guard into an order of chivalry. Guided by the statutes of the western orders, Isaac II promulgated a new constitution of 77 chapters for the Labarum Guard on 22 June 1190. This act transformed the original Labarum Guard into the Sacred Military Constantinian Order of St. George. The following sovereigns of the west, leading the Fourth Crusade, were present at this ceremony and attended the first General Chapter of the new Order: Emperor Frederick II of the Holy Roman Empire, King Philip II of France, King Richard I (the Lionhearted) of England, King Alfonso of Castile, King Casimir II of Poland, King William II of Sicily, King Alfonso of Aragon, King Sancho of Navaree, and Count Philip I of Flanders. Hence, the birth of the S.M. Constantinian Order of St. George from the womb of the Labarum Guard was truly an international affair.

Under Isaac II�s constitution, the new Order consisted of two types of knights: officers who were permitted to marry and celibate religious. The duty of the former was to fight for the Faith and the Empire (Eastern Roman), and the office of the latter was to pray for and minister to the spiritual needs of the military knights. The Grand Master of the Order was the Commander-in-Chief of the military knights, made all appointments to the Order, and was responsible for its temporal affairs. The Grand Prior, a priest, was the spiritual head of the Order. The Grand Inquisitor was the Order�s disciplinarian.

Heretofore, the Supreme Moderatorship of the Labarum Guard had been hereditary in the Chief of Isaac II�s Imperial Byzantine House of Angelus Flavius Comnenus. To provide for the contingency that his House might become extinct, Isaac II amended the Constitution in September of 1193 as follows:

If at any time, which God forbid, my family should perish, then the Brethren of this Sacred Order should choose from among themselves a Commander-in-Chief, unless, the last surviving member of my House, with the consent of the principal brethren, shall have already appointed his successor.

This was exercised in 1697 by the last Chief of the House of Comnenus is transferring the Order to the Chief of the House of Farnese and is contained in Chapter 5, Article I, of the current (1965) Statutes should the House of the present hereditary Grand Master, Chief of the Royal House of Bourbon-Two Sicilies (Heir to the Chief of the House of Farnese) become extinct.

The fifty officers of the old Labarum Guard became the chief military dignitaries of the Order and were termed (Senator Knights� (now, Baliffs, Knights of the Grand Cross of Justice). They were assigned to command the principal houses of the Order, consisting of 10 Grand Priorities, 21 Priories, and 19 Bailiwicks with jurisdiction over Constantinian knights in various parts of Eastern Europe. When the Order became a specifically Roman Catholic order of Chivalry in 1706, the 50 houses in Eastern Europe were given corresponding jurisdiction over knights in areas of Western Europe. Today, each of the 50 Bailiff Knights Grand Cross of Justice is assigned the title of one of the ancient houses and has the style of �Excellency� and (in Latin countries) �Don�.

Evolution into a Western Religious-Military Order: The S.M. Constantinian Order of St. George came under the spiritual jurisdiction of the Eastern Patriarch of Constantinople at the time the latter fell into final schism with the successor of St. Peter in Rome. When Constantinople and the remnants of the Eastern Empire fell on 29 May 1453, the Grand Master of the S.M. Constantinian Order of St. George and most of the knights perished. The younger brother of the Grand Master, Prince Andrew, succeeded him as Chief of the House of Comnenus, and, as such, hereditary Grand Master and took the last knights to Italy where they were welcomed by Pope Calixtrus III. The Pope congratulated them on their heroism at Constantinople, confirmed their constitutions, and granted them several important privileges.

Pope Paul III by Bulls dated 21 November, 6 and 9 December 1545, took the Order under his special protection, recognized it as a true military-religious order of chivalry, and endowed it with special privileges. This status was confirmed by Pope Paul IV in the Bull Cum a Nobis Petitur, issued on 28 November 1555, which also recognized other rights granted by Popes Calixtus III, Pius II, Sixtus IV, Innocent VIII, and Julius III.

Pope Pius IV by Bull of 1 May 1565 declared that religiously professed knights of the S. M. Constantinian Order of St. George could hold ecclesiastical benefices. Later the Bull Cum a sicut accepimus, issued by Pope Sixtus V on 10 July 1585, confirmed the rights of Professed Knights to hold ecclesiastical benefices and authorized lay or married Knights to hold pensions on ecclesiastical benefices. In the Brief Cum sicut of 27 August 1672, Pope General in Rome with a place in the Papal Chapel immediately after that of the Servites and authorized the appointment of a Cardinal Protector for the Order. All Roman Catholic orders, be they religious (i.e. Dominicans) or chivalric (military-religious) are entitled to a Cardinal Protector to represent their interests at the Vatican. The S.M. Constantinian Order of St. George continued this tradition into the twentieth century. Although under the Grand Magistry of the chief of an Eastern Orthodox House, the Order could be so recognized by the Holy See because the original Labarum Guard of Constantine received its religious rule (of St. Basil), becoming a hereditary right of patronage of the Comnenus family in Canon Law (Canon 1449), and was converted into an Order of Chivalry before the final schism of the East from Rome and, hence, could be regarded as �Catholic� under Canon Law.

Prince John Andrew Angelus Flavius Comnenus, Chief of the House of Comnenus and, as such, hereditary Grand Master of the S.M. Constantinian Order of St. George, was the last of his House. On 27 July 1697 he used the privilege in Emperor Isaac II�s September 1193 amendment to the Order�s constitution to name Francisco Farnese, Chief of the Sovereign House of Farnese, and Duke of Parma, Piacenza, and Castro, as his successor and transferred to him and his heirs as Chief of the House of Farnese all of the rights and privileges over the S. M. Constantinian Order of St. George that the House of Comnenus had enjoyed. This cession was ratified by Holy Roman Emperor Leopold I on 6 August 1699, and its canonical status was affirmed by the Brief Sincerae Fide of 24 October 1699. The latter indicated that the succession to the Grand Magistry of the Order, technically rights of patronage under Canon Law, was to be hereditary in Francisco Farnese in his capacity as Chief of the House of Farnese as it had been in the Chief of the House of Comnenus rather than in his capacity as Dukie of Parma, per se. Juridically the S. M. Constantinian Order of St. George exists as a right of Patronage in Canon Law (Canon 1448) hereditary in the chief of its designated Sovereign House (Canon 1449) in the same manner that the original, historical (circa 1429) Order of the Golden Fleece is hereditary in the Chief of the House of Habsburg in his capacity as successor to the rights of the Chief of the House of Burgundy.

Francisco Farnese had the ancient church of Santa Maria della Steccata in Parma erected as the conventual church of the Order and revised Emperor Isaac�s Statutes of 1190. The new statutes, leges fundationis in Canon Law, were promulgated on 23 May 1705 and confirmed by Pope Clement XI on 12 July 1706, which transformed the order into a specifically Roman Catholic military-religious order of chivalry. In confirmation of its previous tradition, the Grand Magistry was declared to be hereditary in the person of the Chief of the House of Farnese. However, the new Statutes gave the Grand Master broad authority to deal with any contingency that might arise concerning the Order or the succession to the Grand Magistry: Chapter II, Paragraphs 3 and 5, of the Farnese Statutes declare that the Grand Master has authority to issue new regulations and statutes and whenever he judges it expedient, to interpret, annul, or repeal the same as well as to overcome or change any difficulty created by any of them. Likewise, Chapter II to the Appendix of the Farnese Statutes declare that whenever the Grand Master finds it expedient, he may amend, abolish, proclaim the meaning, and interpret the Statutes and regulations of the Order as well as when it may be necessary to dispense the Knights and to do all things to meet the expectations and needs of any particular occasion whenever it is judged necessary to do so. In sum, the Grand Master is the absolute monarch of the Order under its leges fundationis.

In recognition of the Order�s crusade in 1716 against the Ottoman Turks in Morea, Pope Clement XI granted the Bull Militantis Ecclesiae on 6 June 1718 from which the S. M. Constantinian Order of St. George derives its present ecclesiastical status as a military-religious order of chivalry. The Bull ratified the cession of the Grand Magistry and the new Statutes and confirmed the juridical position of the Grand Master as the absolute monarch of the Order. Militantis Ecclesiae emphasized that, like the House of Comnenus, Francisco Farnese held the Grand Magistry in his capacity as Chief of the House of Farnese rather than as Duke of Parma. The Order, its churches, houses, and members were exempt from the authority of the local bishop, and the Conventual Seat of the Order, the Church of Santa Maria della Steccata, was placed under the immediate jurisdiction of the Holy See. This, in effect, invested the Grand Master with the canonical power of a bishop over the Order. The Grand Prior was given the rank and insignia of a mitred abbot, and priests of the Order were given the rank and insignia of prelates (Monsigniori). Therefore, canonically the S. M. Constantinian Order of St. George as an official military-religious order of the Roman Catholic Church differed from the Sovereign Military Order of Malta only in that it had a hereditary Grand Master rather than one elected from among the Professed Knights. Today, the Order has neither Professed Knights (with canonical vows of Poverty, Chastity and Obedience) nor Conventual Chaplains (priests having specific violations in the Order), and the canonical status of all existing Knights is equal to the Third Grade of Malta.

Dr. Carl Edwin Lindgren

Note website: http://dynastic-law.com/law.html

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