The Knights of Christ's Mercy

Nobility and Dynastic Law: The End of a Myth

By H.I.R.H. Prince Dr. Mauricio Ahnume Guerios, PhD

Unfortunately monarchy is fading in the world. This sad advent brings not only sorrow for the dissipation of great values and traditions, but also brings huge shadows of doubts regarding royal and noble titles.

On ruling monarchies, we have competent courts to rule over the subject, but when the matter is deposed monarchies or immemorial dynasties, it all goes to the interpretation of the law and mere opinions.

First of all, we have to understand Dynastic and Nobility Law not as a hermetic code, once not only the International law is applied, but basically jurisprudence, history, heraldry, genealogy, etc... Another problem is the lack of competent courts to rule over claims; in the case of deposed monarchies, we can’t consider current republican courts as fair to rule over past kingdoms issues for obvious reasons. [1]

The most competent court to rule over these claims would be the International Court of Justice of the United Nations. But, its statutes of 1945 are very clear:

“Chapter II
The Court’s Competence
Article 34
1. Only States may be parties before the Court.”

So, again any personal claim cannot be examined or judged by the International Court of Justice of the United Nations.

Another point is basic worldwide law. Nothing is official before a verdict from a competent court. For example, it does not’t matter if someone killed another person on live TV, with millions of witnesses. This person is only considered officially a criminal after a competent court’s verdict. There are even many kinds of appeals (“Mutatis, Mutandis”) and higher courts until the last verdict is issued. [2]

Another important thing that must be considered is that every claim, royal or noble, is questionable, otherwise it would not be a claim. Of course, there are more questionable and less questionable claims.

Another intriguing fact is that there is no legitimate or official organization that has to certify any royal or noble claim. All of the so called "Commissions," even the ones with fabulous credentials, are no more than independent associations and their certification is only an allegory. Their appraisals and reports are mere opinions, some more or less well based than others. Of course, a claim with more support from commissions, lawyers or scholars, has more opportunity to be germane. But again, a claim with no certification is no lees authentic.

Here is an extract from the book “Studies on Nobility Law” (Estudos sobre Direito Nobiliário), by Dr. Mario Silvestre de Meroe, pg. 65:

“It is worth mentioning also that the princely families, with the sovereign attributes, requires NO RECOGNITION by the government of their country of origin, or submit any record in countries where its members settle in residence. The dynastic and political independence is based on the sovereignty itself, which guides their social existence and regardless OF ANY LEGAL RECOGNITION, with respect to dynastic and private affairs. "

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Other constantly misunderstood concept is sovereignty.

Sovereignty, by the entry of the Dictionary of Brazilian Legal Letters, comes from the Latin “super + omnium” (above all), and it becomes an essential peculiarity of state power, not subject to any restriction, unless by order dictated by Law.

According with Dr. Paulo Bonavides on his book “Political Sciences” (Ciência Política), page 126:

"Sovereignty is one and indivisible, it cannot be delegated, SOVEREIGNTY IS IRREVOCABLE, SOVEREIGNTY IS PERPETUAL, sovereignty is a supreme power, these are the main points of characterization that made Bodin's sovereignty in the seventeenth century an essential element of State”

There’s three different sovereignties constantly mixed. To understand that we have to see all the sovereign rights and powers[3]:

- “Ius Imperii” - the right to command and rule a territory;
- “Ius Gladii” - the right to impose obedience through command and also control armies;
- “Ius Majestatis” - the right to be honored and respected according with your title;
- “Ius Honorum” - the right to award titles, merit and virtue.

So, there are two “kinds” of sovereignty related with “Ius Imperii” and “Ius Gladii.” One is called “de facto” (by fact) and other “de jure” (by right). They both need to be attached to a territory and a people (in other words, a State). A third sovereignty is related to the other two rights “Ius Majestatis” and “Ius Honorum” and it’s related to a dynasty and a family and does not depend on a State.

Another common mistake is regarding the active use of the titles or the active claim of the rights over the State. It was said that it does not matter if the sovereign uses his title or not or claims his State or not. Nothing, absolutely nothing but the “debellatio” and the peaceful acceptance of the new regime at the time of the deposition, makes the Dynasty forfeit its rights. What may happen, and is commonly mistaken by many people regarding international law, is the forfeiting of the claim for the “de facto” rights. Example: in Brazil , the monarchy was deposed by a “coup-d’etat” in 1889. The Emperor Peter II was forced to exile himself and his family. There was not a “debellatio” and no peaceful acceptance of the new regime at that time. So, by international law, the republicans were considered usurpers and even without the “de facto” rights, the Emperor Peter II was the rightful Head of State. The republicans, at that time, had (illegally) the “de facto” rights. If the Emperor decided no longer use his title or active claim his rights, he would forfeit his legality as legitimate Chief of State and the republicans would hold legally the “de facto” rights over Brazil . But, it does not depend exclusively of the Emperor’s acts. If the international community accepts the new regime, the rights are forfeited anyway (as it happened). Then, the emperor went to an interregnum period when he’s “de jure” (by right) Emperor of the Brazilian Empire. Those rights cannot be forfeited.

A Court sentence of the Republican Italy (Pretoria de Vico Del Gargano, Repubblica Italiana sentence number 217/49) corroborates the above mentioned:

“(…) it’s IRRELEVANT if that Imperial family is no longer ruling FOR CENTURIES, because the deposition does not harm the sovereign prerogatives even if the sovereign renounces, spontaneously, to the throne. In substance, in this case, the Sovereign does not cease to be King, even living in exile or IN PRIVATE LIFE (WITHOUT CLAIMING HIS SOVEREIGNTY), because his prerogatives are, itself, by birth and CANNOT BE EXTINGUISHED, but remains and may be transmitted in time, from generation to generation.”

So, a dynasty never forfeits its rights. It does not matter how long ago the dynasty ruled and the duration of the reign. If there’s no “subito la debellatio” (total family’s extermination) or the agreement of the new regime by the head of the Dynasty at the time of the deposition, there’s no extinction of the Dynasty and its sovereignty.[4]

Here an extract from the book “Chivalry Orders and Nobility titles in Italy ” (Ordine Cavallereschi e titoli nobiliari in Italia), Basilio Petrucci, pg.87:

“So does the former King Umberto II of Savoy , once there was no ‘subito la debellatio, he conserves the royal prerogative in granting honorific titles of nobility and chivalry, along with other sovereigns of the former Italian and foreign states…”

Here is an extract from the book “Studies on Nobility Law” (Estudos sobre Direito Nobiliário), Dr. Mario Silvestre de Meroe, pg. 63:

“There outbreaks of political crises in front of which the monarch himself voluntarily accepted - sometimes even want to - that institutional rupture, expressly agreeing with the new order of things. In such cases, AND ONLY THOSE, he loses the dynastic rights, retaining only the princely qualities inherited and transmitted to their descendants, without, however, the attributes of 'pretender'.”

Today we have 70-80% of the European stock descending from some royal family, does that make everyone of them sovereigns? Of course not. There’s basic rules to determinate the sovereign of a Dynasty like the firstborn in the blood line, etc… There can be only one head of each Dynasty, therefore, one sovereign. But, there’s no limit for princes or princesses in each Dynasty, for example, the Saudi Arabian Royal Family have over 7.000 people, from that, at least 500 princes. But, the only person aloud to give titles is His Majesty King Abdullah Bin Abdul. [5]

Sometimes, the concept of Dynasty may be confused with “family”. The most accurate should define Dynasty as “Family ruling – or ruled - over a State”. You can have one family with many Dynasties like the Bourbons (France and Spain ) and one only State with many Dynasties like France (Valois, Bourbons and Bonapartes).

Other vital fact is that Sovereignty over a Dynasty cannot be sold. [6] Even the Sovereign being legitimate he cannot do anything but abdicate his personal rights and then they will be transmitted “in totum” to his descendants. Only the sovereignty over a territory can be sold, like Alaska and Louisiana was sold to United States . Never in history, a whole kingdom or empire was sold “in totum”, only parts of its territory. Legally, it’s similar to what happens with the name and the rights to explore a copyright; for example, anyone can buy the rights of the Beatles songs, but even being rightful owner, no one can state that one is then the composer of the songs but The Beatles themselves.

Here an extract from the book “Studies on Nobiliary Law” (Estudos sobre Direito Nobiliário), Dr. Mario Silvestre de Meroe, pgs. 49-50:

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“The transfer of dynastic rights"

The rights of the dynastic leadership can be transferred from one owner to another person. It is not, of course, a TRANSACTION IN THE USUAL SENSE, but a transfer of rights and ‘ideal’ powers, reflecting the country's history or in the case of the former ruling houses, in line with expectation of inheritance of a vacant throne - dynastic claim. For these reasons, the abdicator monarch’s rights claim CAN ONLY DO SO FOR A PERSON IN HIS FAMILY, OR LINKED TO THE CROWN’S TRADITION BY BLOOD’S TIES.”

Therefore, any so called transaction of Dynastic rights is considered null and void once these rights, as well as any nobility title, are considered immaterial property. [7]

Also regarding nobility titles, on contrary of many people think, they cannot be sold. [8] The only thing that can be sold is a real state linked to it. The reason is because they don’t belong to the person who uses it, but to the crown that bestows it. It can be revoke by the lender’s crown any time, once is its property. One important point is that even the title’s rightful owner cannot decide to whom he’ll pass it. That would be a violation of the “fons honorum” of the lender’s crown.

Another cited fact to be pointed is that, as said, the very same empire or kingdom (ruling or deposed) can have two or more legitimate pretenders. Sometimes, also as said, you may have two dynasties in the same family not only in different States but also in the same. The example is Spain , the heir of King Carlos V (1788-1855), a different line of the Bourbon Family (called “Carlist “) is a legitimate pretender of the throne in exile. The ruling King Juan Carlos himself recognized many titles from that dynasty and therefore their rights. So, there are no limitations of claimants per current State. Back to France ’s example, there are at least two legitimate pretenders: the Bourbons ( Kingdom of France ) and the Bonapartes (Empire of France). As long as the monarchy isn’t restored in France , nobody in the world can decide who is the more rightful pretender to the throne of France. It doesn’t matter how credible is the scholar, jurist, historian, authority of any kind, nobody can decide who’s claim is valid or not.

The dynasty can be restored anytime by the rightful heir, and unfortunately, any family dispute cannot be solved until the monarchy is restored in that particular State. One perfect example of this is the Brazilian Imperial Family. The firstborn branch, popularly called “Petropolis Branch”, had an abdication document signed by its ascendant, including his person and all his descendants. Therefore, the cadet branch, popularly called “Vassouras Branch”, supposes to be the rightful owner of the “de jure” rights. What happens is that there’s no abdication for the descendants according tko the Dynastic Law. At least it isn’t accepted by the majority of the jurists. Many international ruling and deposed courts accepted both claims, many highly acclaimed jurists support both sides, so, there’s no way of saying who is valid until there is a monarchy restoration in Brazil. All we can do is give opinions.

Other frequent mistake is regarding the “fons honorum” (fountain of honor). The authentic fountains of honor are [8]:

- Heads of State (both monarchists or republican – although the republicans don’t give nobility titles only merit awards),
- Heads of Dynasty (deposed monarchies)
- Heads of Traditional Churches (both Roman Catholic and Orthodox) following authentic apostolic succession. In other words, the Head of the church should prove direct lineage of ordination from the apostle Saint Peter.

Regarding the Episcopal “fons honorum”, there’s an important point to be clarified. A few jurists don’t accept Episcopal “fons honorum” alleging that the only Episcopal legitimate fountain of honor is the Pope. Not because he’s from the clergy or successor of the apostle Peter, but because he’s a sovereign of an actual State, the Vatican . This is a mistake, because it’s known that the Vatican State only exists after the Lateran Treaty in 1929. Even stating that the Pope was the sovereign of the so called Papal States, that only happened in the end of the VIII century and is known that, a lot before that, the Pope and other bishops were already “legalizing” kings all over Europe .

A great enlightenment about the Episcopal matter can be achieved here:
http://www.apostoliccommissionroyaltynobility.com/fons_holy.html

Finally, the myth of the Dynastic and Nobility law is finished.

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[1] International Nobiliary Traditions (Tradições Nobiliarias Internacionais) , Dr. Mario Silvestre de Meroe, pg.62-63
[2] Principles of Public International Law, Ian Brownline Q.C., pg.615
[3] Studies on Nobiliary Law (Estudos sobre Direito Nobiliário), Dr. Mario Silvestre de Meroe, pg. 61
[4] Studies on Nobiliary Law (Estudos sobre Direito Nobiliário), Dr. Mario
[5] The House of Saud, David Holden and Richard Johns, pg. 14 Silvestre de Meroe, pg. 63
[6] Studies on Nobiliary Law (Estudos sobre Direito Nobiliário), Dr. Mario Silvestre de Meroe, pg. 49
[7] International Nobiliary Traditions (Tradições Nobiliarias Internacionais) , Dr. Mario Silvestre de Meroe, pgs.77-78
[8] International Nobiliary Traditions (Tradições Nobiliarias Internacionais) , Dr. Mario Silvestre de Meroe, pg. 85

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Dr. Mario Silvestre de Méroe

Dr. Mario de Meroe is a Professor member of the Brazilian Academy of Social and Political Sciences, and Honorary Doctor of Social Sciences. Honorary Professor of heraldry and nobility and honorary Rector of Accademia di Scienze Araldiche and nobiliare San Wenceslas ( Bolzano , Italy ). Member of the Brazilian Union of Writers (UBE). Honorary Professor of St.Luke Antwerpen Akademie Bamberg, Germany, received in 1998, the diploma of merit of the 'Istituto Superiore per gli studi Greco-bizantini' (Higher Institute for Greek and Byzantine studies), being mentioned in Albo D'Oro ( Golden Album) of the Accademia Constantiniana di Lettere, Arti e Scienze, in Palermo, Italy.

Brazil 's diplomatic adviser and member of the “Parlamento Mondiale degli Stati per la sicurezza e la pace” (the world parliament for security and peace), based in Italy . He received the degree of Honorary Doctor of Nobility Law of the Institute of Heraldry Historical and Genealogical Barcelona, and also received the same degree of Doctor of the Institute of Historical Studies Medieval Catalonia , both in Spain .

Member of the International Writers and Artists Association in Ohio , USA . Member of the College of Arms Heraldry Society Spanish. Honorary Colonel of the Commonwealth of Kentucky (USA).Of his own, the first book on modern law Nobility, Brazil (Studies on Law Nobility, Ed Centaur-SP, 2000). For this volume, won the Oscar in 2000, per Arti visible and Letterario, Academy Ferdinandea - Scienze, Lettere, Arti ( Catania , Italy ). His work aristocratic traditions and international integration into the Brazilian Civil Law (Ed. Centaur - SP, 2005, p. 432) was the subject of special interview broadcast by Consulex Law Journal, publishing, 15/02/2008. On 08/11/2008, he was awarded by the Associazione Libera Abruzzi (Italy), the International Cultural Award "Abruzzo - Trentino Alto Adige", 15th edition, section Literature (Right Nobility), Traditions for his books and his aristocratic International Integration the Brazilian Civil Law, Law Studies Nobility, and the perpetuation of Qualities Sovereign in former reigning dynasties.

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Books, E-Books and published works:

- Studies on Law Nobility - 1st edition setembro/2000 - Ed Centaur ( São Paulo ) - (Civil Law, Law and dynastic Nobility. Award-winning 2000, the Accademia Ferdinandea ( Catania , Italy ).
- International aristocratic traditions and integration into the Brazilian Civil Law. (history, doctrine nobility, civil law, constitutional law Noble and dynastic Premial law, jurisprudence nobility, with full transcripts of judgments of various courts of Europe ). Applicability of the law peerage in Brazil . Ed Centaur - São Paulo-SP. 432 p. April/2005.
- The Most Ancient Dynastic Constitution (Citation of Merit in 2002, the International Association Writers - Toledo , USA ).
- Perpetuation of sovereign qualities in former ruling dynasties. (studies and legal reasoning on the law imperishableness dynastic)
- Hereditary Captaincy: A legal approach to the dynastic feudal experience in Brazil .

His books can be purchased here:
http://www.centauroeditora.com.br/