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Studies of law Nobility

1) Family

The mother cell of the human community, and especially the community dynastic, is the Family. And among these families, there may be one, marked by circumstances, or the historical saga of a people, which is called the Royal Family, the family they come from the reigning symbols of his people maximum. What comes to be a Royal Family?.

2) the exiled
The Monarchist World magazine, in its paragraph 2, August 1995, brings interesting approach on this issue, the article entitled "royal families: what they are." Says one source:

"What makes royal families is an old tradition of behavior. Only the legacy of traditions and behaviors of respect for certain values, concerns and views of life, passed from generation to generation, it is possible to ensure a succession of persons wholly identified with a craft, including craft-art of leading a state " .

Follows:

. . . dynasties are produced by history, and sedimented by time. . . . If you are a product of history and time, the existence of the monarchy and the royal families is independent of any successes or failures political-institutional. There is no law that Republicans have the power to undo the history and traditions. With or without throne throne "official", the exiled royal families continue to be historically and socially. "

The doctrine and jurisprudence have reaffirmed the territorial power is not necessary for the exercise of dynastic powers, which are embedded in the person of the sovereign, which keeps them even after the loss of the throne and send them regularly to her heirs and successors .

"The loss of its territory in no way reduce its sovereign powers, because these are inherent in the very physics of the sovereign, being given, ad perpetuate their descendants." (Baroni Santos, op cit.., Pp. 197/198).

By royal families, we consider the family units established by the descendants or remnants of the sovereigns who reigned over certain people in their territorial base in some time.

3) Royal Houses and Dynasties

Must consider the difference between Dynasty and the Royal Household. Dynasty is the set of rulers, or princes applicants belonging to a lineage with a common ancestor. In a country, there may be several dynasties, with the successive reigns or overlapping, and each one maintaining its traditions and peculiarities. Casa Real is a single entity (or ex-reigning emperor), which may be the result of the joint, usually for weddings, various branches dynastic.

While in the exercise of territorial and temporal monarchs have the official titles of compliance with the constitutions of their countries, generally, king, prince, emperor, etc.. It is the head of state, international relations, and the symbol of the nation, guardian of his crown and its traditions, to their subjects. As the Supreme Magistrate, exercising the moderating power (or the 4th power, absent in republican structures), ensuring the balance between the three traditional powers (legislative, executive and judicial), functioning as an authentic and effective "balance of power."

The cessation of territorial power, the monarch lost the power of effective control (jus imperii and jus gladio), while maintaining the prerogatives dynastic (jus and jus majestatis honorum), which, as already stated, are inherent to his person. Assume, then, the title of Head of Name and Arms of the Royal House of his country. While this condition is recognized by the international tradition, like "pretender" to the vacant throne of his country, and among his dynastic power, are the judge claims about titles of nobility of their jurisdiction to recognize them, validates them, as well as create and provide new titles in its sole discretion.

4) the vested right to the throne

Not recognized the jurisdiction vested right to the throne. Dynastic prerogatives remain ad aeternum the former ruling family, but the return to state functions is not provided by any agreement. This is because in modern societies, the choice of rulers (in the case, ruling), belongs to the people through their representatives, or expressions of popular will (plebiscite). If agreed the establishment of monarchical form of government (or return to this form), the Constituent Assembly will be able to bring the former ruling or one of its descendants, as well as choose between representatives of the ancient dynasty which has more nationally representative or even specify a new family to the real function.

In recent times even the Cortes of Spain, indicating the former head of state, approved the appointment of Prince Juan Carlos de Borbón y Borbón [2] to succeed him as king, to the detriment of another representative of royal tradition, Prince Don Hugo Carlos de Borbon y Parma, also holds attributes claim to the throne of Spain.

5) the doctrines of the sovereignty
Christian thinkers like St. Augustine, Hobbes and Bossuet supported the theory of Divine Right as a primary source of dynastic prerogatives and canonical.

This doctrine, though the foundation stone for understanding the genesis of the privileges associated with sovereignty, the passing of time, was replaced by other, more in line with the current stage of the peoples (legitimism, constitutionalism, etc.), surviving only in so-called theocratic state, with its multiple derivations.

"Today, the theory of Divine Right has become that of expectation based on which a dynasty, which for a time, albeit minimal, has reigned over any territory that has little, by this fact, acquired in perpetuity, the right to govern her destinations, albeit nominally, in the event that has lost the direct rule. Therefore, the Sovereign is always deposed sovereign will not be a reigning sovereign, it is only one sovereign reigning and former suitor, but remains, however, always sovereign.

It is the sovereign one person, and subject of public international law. You can keep treaties and appoint ambassadors, ministers plenipotentiary and other members of diplomacy. "[3]

6) the basic dynastic rights

The doctrine and jurisprudence based, have conceptualized the sovereignty, as the exercise of dynastic four basic rights:

1) The ius imperii, which translates as the right to command, govern a nation of rule (modern, it is said that King, in constitutional monarchies, "reigns but does not govern." It is, in fact, Office of the moderating power, already mentioned);

2) The ius Gladio, meaning the right to enforce obedience to his command (actually, this "power" is to affect the supreme command of the armed forces, exercised by the Heads of State);

3) The ius majestatis, which is the right to be protected and respected in accordance with the laws and international treaties, and

4) The ius honorum (source of honors), the right to award the merits and virtues of nobility and chivalry, belonging to the heritage of his dynasty.

These rights are inherent in the person of the sovereign, indivisible, inalienable and indefeasible. The monarch may, however, and for personal reasons, have such rights, upon refusal or abdication in favor of another member of your family. In such cases, however, he will renounce the exercise of those rights do not imply the renunciation of sovereignty, which is native and constitutes an inalienable personal right. These qualities are transmitted in toto to their descendants, heirs or successors, without limitation of lines or grades.

When one loses the sovereign territory on which exercised the jus imperii and jus sword, not lost, ipso facto, the rights of sovereign. The exercise of these two powers is temporarily suspended until they restore the status quo ante. Preserved, however, in its fullness, the powers of justice and justice majestatis honorum and preserves in its fullness, the law-creating power in the internal relations of the dynasty.

7) The Pretender

This circumstance (the deposition) is inserted in the person of ex-monarch to claim the throne vacant, or extinct, this view of law that is transmitted hereditarily, in perpetuity. For this reason, the direct heirs to thrones extinct receive treatment of applicants.

Because of historical and dynastic qualifications included in his person, the "applicant" is not an ordinary citizen and subject of Public International Law, according to the best doctrine.

The head of a former ruling family, provided that the sovereign retains title and heraldic attributes inherent to the last ruler of his family, whose territorial power ceased.

"It is your responsibility in exercising that right, grant and confirm Coats of Arms, grant, acknowledge, confirm and renew peerages supported the family name (cognomen south) or a predicate ideal taken from names of cities, islands , rivers and other features of the territory that belonged in former times, the crown of his dynasty. " (Baroni Santos, op.cit., Pp. 198).

The constant passing of time (not always for the better, however), there may be political, cultural and behavioral characteristics of such magnitude, which triggers a change in the structure of the state. A monarchy can be overthrown by popular decision (plebiscite) or (which is most common), under the so-called "coups". In such cases, the ruler and his family left for exile, while retaining full, the powers under the ius ius majestatis honorum, inherent in dynastic quality, as described above.

8) Subito la debellatio

The doctrine conceptualizes this occurrence as subito la debellatio, ie the elimination of political and institutional throne, with change to another system of government.

There are bursts of political crises in front of which the monarch himself voluntarily accepted (sometimes even want) that break institutional 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 offspring, lacking, however, attributes the claim.

This "new order", often, attempts to overcome once the old regime, not leading to eventual reversal. Uses, and the physical elimination of the monarch and his descendants, as in shameful that occurred in the assassinations of the Russian Czar and his entire family, and the kings of France and his crown prince, who had the time, only 9 years age. Are regrettable pages of history, which have not benefited at all those people, not yielded usable policy lessons for your future.

Memorials of Dynasties

The aristocratic international law has been unanimously recognized, the monarchs deposed without waiving the right to fully exercise the so-called dynastic powers inherent in their person, such as: the ius ius majestatis and honorum. The two other powers - ius ius imperii Gladio and are linked to the exercise as real as Head of State monarchy.

Representing a gubernatio in exsilio, can the ex-reigning monarch to exercise the fullest rights dynastic remaining, which is perpetuated in the family, as the exclusive jurisdiction of the Head of Name and Arms, and transmission on death or resignation, its heir or successor regular.

There is no time limit for the status of exile (we refer to exile for the purpose of preserving dynastic), a family of former reigning sovereign. This will retain their privileges in pectore et in potentia, with its intrinsic qualities of inalienability and reprobation, through the centuries, until they restore the throne of his ancestors. In the interim period, the dynasty keep their traditions and may exercise the ius conferenda, at the discretion of your boss.

It is noteworthy that the so-called prerogatives, although originating from active participation in the history of their countries of origin, after the overthrow of the reigning family become purely honorary decorations, totally disconnected from any power or political commitment.

Thus, the dynasties in exile do not receive state funding, or write to the public purse with no personal money. Its members live on their own resources and perform professional activities as ordinary citizens, working quietly and at his own expense, voluntarily, in education, health and helping people in need.

There are few day care centers and institutions for the disabled maintained solely by personal effort and direct without a throne of princes - who keep alive the ideal of solidarity and brotherhood of man who inherited from their ancestors. Without political power, they represent, however, the historical and moral reserve of his people, who can claim around at the right time, as recent examples (Spain, Cambodia, Afghanistan, among others).

On the other hand, the expression is incorrect ex-king, often used to denote a monarch stripped the throne.

A sovereign enthroned according to accepted traditions, retain their sovereign dynastic ad aeternum, whether to lie or not in the exercise of state power. With the enthronement, the effects of consecration, the real mandate is part indelibly on your person, forever, and is transmitted to their heirs or successors. Alienated from the temporal power, the monarch becomes ex-reigning, but always have the personal quality of king, with the treatment protocol inherent in ius majestatis, as is their right.

From our personal archive, reproduce below document from Prince Vittorio Emanuele di Savoia, heir to the throne of Italy, on the death of HM King Umberto II [4], last ruler of that nation, deposed without resignation in 1946, and retaining ipso facto, the majestic powers, which will be transmitted to their heirs or successors, ad infinitum.

No institutional or legal difference between a dynasty is overthrown earlier, and one that does not reign for centuries. Both retain in its fullness dynastic prerogatives, inalienable, and inviolable imarcescíveis, and can be restored to state power through popular call (plebiscite) or determination of the constitutional assembly.

For study purposes, may be mentioned, however, some nuances. A recently deposed dynasty still keeps alive the memory of the people and institutions. Often, there are social and cultural remnants that are derived for comparisons, the policy framework can be reversed. Recent examples: Cambodia, after that terrible and disastrous experiences dictatorial, decided to ask the retorrno the monarchical system, demanding the return of King Sihanouk Norodon. Other examples: Spain, which enthroned Juan Carlos I in 1976, after a long period of dictatorship.

Suffered in Afghanistan after the military attacks of 2001 and subsequent dismantling of the state structure, it is thought the presence of the former Shah (King) Mohamed Zahir, in exile since the 1970s as an alternative to enable a return to normal country's institutional.

A dynasty's long-deposed, resent the erosive effects of the chronological factor. Generations succeed each other, without interruption, and the memories of people are going out. There are official records, not always complete or, in some cases, deliberately silent as to important aspects of history.

Generally, the schemes that follow the dynasties fighting for forced forgetting, erasing or minimizing the importance of the social gains of the monarchic period, denying future generations the opportunity to know the past history of his country and his lessons learned, and warnings to the future.

 
This is a historical and social responsibility should outweigh the political injunctions, which generally does not occur.

Therefore, it remains for researchers, private collections, with your documents, notes, pictures or objects, usually preserved thanks to the devotion of the children, fans and employees of family deposed.

When possible keep them, these collections can rebuild the dynastic line and upgrade its representation in cases where children are located in line of succession.

However, when it comes to dynasties long in the wilderness, a task not without difficulties, given the length of time elapsed and the calls family, necessitating the examination of the reliability of the notes.

As a component for research, we can see the so-called memories of the cycles of civilization, which are the historical narratives, official or not, so the notes and memories recorded by reputable witnesses, in person.

  
These statements, written or otherwise, describe and convey certain ideas about certain historical moments, also called for this characteristic, such as historical periods, namely those in which decisions were made that formed or diverted the course of events in the march of civilizations .

With the scope to present a study of easy understanding of the dynasties, our proposal is to classify the royal families in three groups:

  
I) ruling dynasties, effectively acting as head of the royalists, whose head bears the official title of that match (King, Emperor, Prince, Grand Duke, Sultan, Emir, Shah (SHA), and others;

II) dynasties deposed less than a century, about three generations, called the recent deposition;

III) dynasties deposed more than a century, which will name as memorials.

The heads of the dynasties of the first group are representatives of States, its foreign relations are governed by rules, treaties and provisions of international law. As the supreme place, his position here is defined by the constitution and laws of your country. The study of these dynasties could desbordar the plan of work, why limit ourselves to consider the other two groups.

We believe that the time gap generally accepted by scholars to determine the generations is around 30 to 35 years. Thus, the period of a century (comprising, in theory, three generations), it seems reasonable as a landmark to simplify the concepts presented.

In this context, we consider how dynasties memorials [5] those families whose ancestors actually exercised supreme royal power over a nation and that the current representatives are far from the throne for more than three generations, ie more than a century.

The case nobility considers irrelevant the length of time that the last ruler of the royal family remained at the original power. By assuming the supreme office, the king receives the dynastic powers, which fall on your person, producing an immediate and perpetual.

For example, King Umberto II of Savoy, a nostalgic memory, with the abdication of his father Vittorio Emanuele III, King of Italy reigned only during the month of May 1946, leaving for exile [6] without the waiver in because of the referendum that has deployed in that country, the republican regime. The Italian courts, in repeated decisions, always recognized its right to exercise the privileges dynastic king of Italy in exile, not considering any obstacle on the narrow length of his reign.

Many dynasties memorials retain in their custody important historical records, about his own family and also about others. The old ruling families maintained close family relationship with each other, to ensure greater cohesion war against the common enemies. The relationship seemed to reinforce the sense of security and strengthening social and military. Thus, in their records, often are related entries and settlements related to families, which greatly helps the researcher.

When a monarch is in the exercise of state power, their actions are recorded in official protocols, ie, part of the official history of the country. Are the annals of history, replaced by modern Official Gazettes. With the deposition, given the direction of the new order, cease the state interest for the acts of the former ruling family, which now considered to be private records.

There are, however, records or mere ordinary family notes: The ex-reigning monarch, with the designation of Head of Name and Arms of his dynasty may validly perform acts formal granting or acknowledging favors nobility, organizing the protocol services of your house maintaining diplomatic relations with heads of state or other monarchs in exile.

You can also organize, create or restore [7] order of chivalry of the heritage of his family, accepting on its staff who consider worthy of this honor, and appoint ambassadors and ministers. Of course, such designations are purely honorary, and aim to maintain social and cultural relationship, as they represent the Royal Family in exile, and not the state. Holders engaged in volunteer work, imbued with the importance of maintaining traditions and historical and moral strength that comes from them.

No more power to moderate exercise, not command the armed forces or open sessions of parliaments. They represent, however, the perpetuity of the true nature of the cultural and moral traditions of their people more.

The deposition is inserted in the person of the former monarch to claim the vacant throne or extinct, this view of law that is transmitted hereditarily, in perpetuity. For this reason, the direct heirs to thrones extinct, vacant or occupied by another dynasty, they are called applicants. There are current doctrinal consider the applicant as a subject of public international law, because of their qualifications and dynastic history, which may lead to an institutional reversal in their country of origin.

The heads of dynasties memorials may be called, appropriately, as guardians of the (sacred) royal crown and national traditions.

This designation is reserved and, it seems, the more convenient because it is complete, bundled all the powers and representative of the monarch in exile and preserve the discretion of the royal titulary, which should only be used in official documents of the dynasty or diplomatic communications with their peers.

          
As costs tradition, even without official duties, the dynastic families exert immense range of activities. It keeps under his direct responsibility for the legality of settlements in the family, the records of actions taken by the Chief Dynastic, the Secretary, correspondence, library, armorial, and general files.

Some houses come with the collaboration of dedicated servers, unpaid volunteers. Specialists in heraldry, genealogy and peerage law lend their expertise to assist in the systematization of archives to preserve records, to encourage research and dynastic history, preserving this priceless legacy for future generations.

Many former ruling families, however, does not have the resources to cope with these responsibilities. Whereas the dynastic families in exile do not receive any government aid - they are often rooted in different countries of their original land - to have good discharging these functions, and prevent the spread of its history, many dynasties have formed memorials in communities guided by consistories or advice, co-organized files and records under the overall coordination of a moderator.

 
This "Superior General," usually possessing extensive expertise on matters dynastic and deep knowledge of history, chosen from among his peers, plays an important role dynastic and administrative urging and guiding the princes in their assignments. It is recognized and respected for his experience and knowledge, with particular useful suggestions and valuable advice for the proper management and preservation of historical legacy, without interfering in the affairs of private dynasty or its sovereignty.

The Moderator is the president of the councils or natural consistories, which are gathered to give their opinions in the cases before them, as presumptive succession, can recognize and acknowledge the heir or successor indicating, in case of vacancy.

The Moderator also has special powers to make decisions monocratic to better focus the work and streamline the procedures of the jurisdiction of the college.

Under interna corporis, dynasties memorials can be arranged by special decrees, which regulate the records of the acts of government, the protocol, the use of weapons and titulary, and have on the succession. These statutes govern the internal relations and the granting of honors with their own records in books, or computer resources, in order to perpetuate the history and family activities.

This formal document may bear several names, such as statutes, regulations, Acts of the institution or restoration, among others. It seemed especially appropriate the name "Institutional Organization of the Crown of Theocratic Kash" established by the Domus Augusta [8], the overarching document for the regulatory activities of the Domus Regia aethiopiae above Ægyptum (Grand Nubia).

Under item VII of art. 127 of Law No. 6015/73 (Public Records Act), these documents may be registered in Registry of Deeds and Documents, for its conservation. This measure is recommended to be perpetuated in the public record and insurance documents of historical value and able to clear up any controversy about the bonds of succession, and changes in the structure of the entity and its titulary.

         
As an example of practical use of such records, in our research, we located an old document of the revised Statutes of the Order of the Cid, of 09/05/1977. [9] In cartouche (Decree No. 001/75-GR, art. 2 and § §), is that the Order belongs to the heritage and heraldry of the Royal House dynastic Del Doge Bivar and its civic patron the noble hero of the Iberian Peninsula Del Don Rodrigo Bivar, who has passed into history as El Cid, The Cid, Mr de Bivar . There is a change in title of his masterful manager of (usually called a Grand Master): the Order of the Cid, the dominus of the Order has the title of Regent, keeping the inheritance of the House and Ducal family and the powers inherent in the grain -dynastic masters of that institution.
Dynastic Orders

         
The dynastic orders of chivalry or may face in their cycles of succession, similar situations. Either by the premature death of their Grand Master, no dynastic successor or legal ruling, or dispersal of its members, the regularity of function and even the existence of those orders can be made impossible, leading to the disappearance of its historical archives and its traditions. Thus, valuable documents, ancient dynastic institutions can lie dormant for many generations in a family archive, awaiting eventual restoration.

14) Of Priories

To expand the geographical scope of activities of their orders, some dynasties organized priories, autonomous or not, depending on the provisions of their institution. Generally, the monasteries are created by a sovereign act, in favor of a prince or high noble, dynast grantor trust, and follow the same guidelines of the Grand Master of the Order of Mother, as the titles, awards, social and cultural activities, and his succession.
References

Sources Consulted

◙ Baroni Santos, W., Treaty of Heraldry, vol. I, 5th ed., 1978

◙ Lavardin, Javier, Historia del Last Pretendiente a la Corona de España, Ruedo Iberian Editions, Paris, France, 1976, Journal d'édition: 119

◙ Files Estado de Sao Paulo, edition 24.12.2001

◙ File 1 Registry of Deeds and Documents - Civil Registry of Legal Entities of Sao Paulo, Reg No 7072 of 09/05/1977.

◙ Federal Law No. 6015/73 - Public Records

◙ Cito, Angelo (Fr Adeodato the Sacred Heart of Jesus), Brief Historical Genealogical Heraldic Legal Ilustre Casa Angelo Comnenus and the Order of the Sacred Imperial Angélica Cross of Constantine the Great. Rio de Janeiro-RJ, 1954.

◙ Petrucci, Basil, and Ordini cavallereschi titoli nobiliare in Italia, ed. CD Roma, 1972, in Baroni Santos, W., Treaty of Heraldry, vol. I, 5th ed., 1978, p. 198.

◙ Center for Information and Documentation of the Crown of Kash

◙ Files CID of the Imperial House of the Romans

◙ Archives of the Holy Apostolic Pro-Ecumenical Patriarchate.










 
   
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