Jus
collationis
de
la Maison Royale et Comtale
de David-Toulouse-Gevaudan
Principles
involved in assessing the validity of Orders of Chivalry:
1)
Every independent State has the right to create its own Orders or
Decorations of Merit and lay down, at will, their particular rules. But
it must be made clear that only the higher degrees of these modern State
Orders can be deemed of knightly rank,provided they are conferred by
the Crown or by the “pro tempore” ruler of some traditional State.
2)
The Dynastic (or Family or House) Orders which belongjure sanguinisto
a Sovereign House (that is to those ruling or ex-ruling Houses whose
sovereign rank was internationally recognized at the time of the
Congress of Vienna in 1814 or later) retain their full historical
chivalric, nobiliary and social validity, notwithstanding all political
changes. It is therefore consideredultra viresof any republican
State to interfere, by legislation or administrative practice, with the
Princely Dynastic Family or House Orders.That they may not be
officially recognized by the new government does not affect their
traditional validity or their accepted status in international heraldic,
chivalric and nobiliary circles.
3)
It is generally admitted by jurists that such ex-sovereigns who have
not abdicated have positions different from those of pretenders and that
in their lifetime theyretain their full rights as “fons honorum” in
respect even of those Orders of which they remain Grand Masters which
would be classed, otherwise, as State and Merit Orders.
4)
Although, at one time - many centuries ago - private people of high
standing could and did create some independent Orders of Knighthood,
some among which came, in due course, to gain considerable prestige and
obtained formal validity from the Church and the Crown, such rights of
creation of Orders have long since fallen into desuetude and, nowadays,
Orders of Chivalry as we understand the term must always stem from or be
-by longstanding uninterrupted tradition- under the protection
of Chiefs or of Houses of recognized sovereign rank.
5)
The recognition of Orders by States or supranational organizations
which themselves do not have chivalric orders of their own, and in whose
Constitutions no provisions are made for the recognition of knightly
and nobiliary institutions,cannot be accepted as constituting
validation by sovereignties, since these particular sovereignties have
renounced the exercise of heraldic jurisdiction. The international
“status” of an Order of Knighthood rests, in fact, on the rights offons
honorum, which, according to tradition, must belong to the
Authority by which this particular Order isgranted, protected or
recognized.
JUS COLLATIONIS
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