AFFIDAVIT OF VERIFICATION
Exeter
)
England)
s.s.:
I, VINCENT WALTER FRANCIS POWELL-SMITH of Hallaton House, Belstone, in the County of Devon MAKE OATH AND SAY as follows:
am a graduate of the University of Birmingham and I
hold the degree of Bachelor of Laws with honours, Master of Laws and Doctor of
Letters. I also hold the diploma of the International Faculty of comparative
Law at Luxemburg. I am a fellow of the Society of Antiquaries of Scotland and a
Fellow of the Chartered Institute of Arbitrators and I am a corresponding
Member of the Institute of Heraldic and Genealogical Studies of Madrid. I am a
former University Lecturer in Law and I am an experienced research worker in
the heraldic, a antiquarian and International legal fields.
or upwards of twenty years I have made a special study of
nobiliary law and practice, the history and development of Orders of Chivalry
and of related topics, as well as continental European heraldic law and
practice. I have written and published extensively upon these topics in leading
heraldic journals in the United Kingdom and abroad.
have considerable knowledge of the dating of
documents by their paper, watermarks,
typography, ink and otherwise, and I have a special and detailed knowledge of
official documents issued by the
Bourbon Kings of the Two Sicilies during the nineteenth century.
ow produced to me and marked "V.P-Sl" is a
bundle of documents in photocopy numbered 1 to 13 respectively, together with a
typescript of twenty five pages headed "In the matter of the Sovereign Order of the Oak -
Submission."
ith respect to the said bundle of documents, I have
examined each and every document in the bundle and each photocopy made was
prepared under my supervision from the original document Each document in the
bundle is a true and faithful copy of its original.
s regards the originals of the documents numbered
1-13 in the bundle I say as follows. Each of the said documents has been
examined personally by me, on September 26th. 1982 in the City of Messina in
the Republic of Italy. The documents numbered 4, 5, 6, 7, 8, 9, and 10 were
produced for my inspection by Don Roberto Paterno Castello di Carcaci, he being
their lawful and proper custodian.
made a
detailed examination and study of the same and compared them with documents of
a similar age and from the same source and in my expert opinion the said
documents as produced to me by the said Don Roberto Paterno Castello di Carcaci
are genuine.
have
been informed and verily believe that the said documents so produced were
adduced in evidence in two cases concerning the Paterno family and heard in the
district Courts of Bari and Pistoia in 1951 and 1964 respectively and resulting
in the written judgements included in the said bundle as documents 12 and 13.
Each of the said documents was notarised and stamped according to the usual
Italian legal practice in such matters.
Vincent
Powell-Smith Signed by and notarised October 8th. 1982
In the matter of the Sovereign Order of the Oak -
Submission
Don
Roberto Paterno Castello Ayerbe Aragona di Carcaci and d'Emmanuel was
hereditary Grand Master of a Dynastic Order of Chivalry dating back to medieval
times known as 'Knights of Sancti Salvatoris in Aragonia, dictus Montis
Regalis", (Knights of St Saviour in Aragon), which was the successor to
the Order of the Oak of Navarre which
originated in 722 A.D. In a formal grant and act of cession dated July 14th
1981 Don Roberto passed all his rights in the Order to the House of Don Joseph
Louis Gregorio. [Successive letters
patent show that Don Joseph Louis Gregorio, in a document signed
and dated April 23rd. 1986 in Malta, transferred all his rights to his Regent
and Grand Chancellor one Augusto Giuseppe M. Agazzi "until a new Grand Master is elected," ... who in
turn transferred all rights to his appointed Grand Magistry by letters patent
dated January 8th. 1989. On July 11th. 1989 the Grand Magistry, which included
the Chancellor Augusto Guiseppe M. Agazzi,
unanimously elected George, Head of the English House of Howarth, as H.S.H.
George, Prince of Montis Regalis, Duke of Mon Real, as the XX1V Grand Master of
the Order.]*
The grant from Don Roberto Paterno Castello Ayerbe Aragona
di Carcaci to Don Joseph Louis Gregorio is very clear in its terms, and its
purported effect is of a twofold nature. Firstly Don Roberto (as grantor)
"renounces all title whatsoever (and) whatever prerogatives, privileges,
and/or other rights vested in the Order for all time to come, and confirms the
absolute independence, autonomy, and Sovereignty of the Order". Secondly,
Don Joseph Louis (as grantee) accepts the Grand Mastership of the Order with
"all inherent charges, prerogatives, privileges and powers carried by this
title"; and he also accepts an annexed Constitution. The grantee covenants
"that he himself and all rightful successors will take over the autonomy,
full Sovereignty and Independence of the Order."
[There is no question that H.S.H. George, Prince of Montis
Regalis is a rightful successor, under the terms of the aforementioned letters patent from the grantee;
and the annexed Constitution thereto.]*
Conclusions:
*[The Constantinian precedent alone reinforced the
generally held view that a transfer of Grand Mastership and all inherent rights
and prerogatives is valid in law, and Don Roberto Paterno Castello, in his
capacity as Head of the House of Paterno-Ayerbe-Aragona, was lawfully entitled
to transfer the Grand Magistry of the Order of St. Saviour in Aragon more nobilium to Don Joseph Louis Gregorio, who, by terms of document 1, thereby acquired
all rights to the Order and its appurtenances and became, in effect, its sole
and absolute proprietor, with those attributes of Sovereignty, including the
rights of fons honorum, inherent in the nature of the office and deriving from
the Royal heritage of Don Roberto Paterno Castello the grantor. [ Don Joseph Louis
Gregorio had the same rights to transfer the Order to the Regency of his
Chancellor, who held the same rights to transfer to his appointed Grand
Magistry who in turn held the rights to elect as the XXIV Grand Master George,
Head of the House of Howarth, who, immediately upon his election, thus acquired
all the rights and appurtenances with all those attributes of Sovereignty,
including the rights of fons
honorum, inherent in the nature of
the office derived from the Royal heritage of Don Roberto Paterno Castello the
grantor. The annexed Constitution to the transfer from Don Roberto to Don
Gregorio, andthe letters
patent and instructions of Don
Roberto's and later Don Gregorio's abdication, were followed to the letter.]
Signed:
Dr.
Vincent W.F. Powell-Smith, LLM, D.Litt.
The words in square brackets [ ] have been added in 1997
by written authority of Professor Powell-Smith as reflecting the current
legal position.
BIBLIOGRAPHY:
In
addition to the works cited in the text, the following have been consulted:
SANTIPPOLITO C. "Dagh
Aragona ai Paterno," II Ghi belhno,n.IV- V,pp.1- 8,December 1960.
LABARRE DE RAILLICOURT D. "Rois et Reines d'Espagne," Lers Cahiers de I'Historie, No. 6,
January 1961, pp. 134 148.
SPRETTI E. "Enciclopaedia Storico-nobiliare
italiana ," Vol.
5, Milan, 1932.
ZURITA F. "Annali del Regno di Aragona," Tom. 1,Lib. IV, Ch. 126.
PIETRAMELLARA G. "Elenco degii Ordini
Equestri," Rome,
1901.
CLARK H. "Orders of Knighthood," Vol. 1
IN THE
MATTER OF THE SOVEREIGN ORDER OF THE OAK
and
IN THE
MATTER OF GAINING SOVEREIGN TERRITORIAL RIGHTS
AFFIDAVIT OF
VERIFICATION
Chester )
England) S.S.:-
I, Don
James Arnold Frere, Marques de la Union and Marquis Frere, of Domgay House in
the Parish of Llandrinio in the County of Powys and Kingdom of Great Britain
and Northern Ireland MAKE MY OATH AND SAY as follows:-
1.
I am Mountjoy King of
Arms of the Noblesse which was formally established in the year 1925 at the
International Convention of the Noblesse de Race, by virtue of powers confirmed
to the Noblesse by Francis ll, King of France, and extended by Ordinances of
the Kings of France dated 1725 and 1760 respectively, as recognised and
maintained by Articles XXXVII and XIV of the Capitulation of Montreal 1760 and
guaranteed by the Quebec-Canada Act 1744 and by Articles II and XXIV of the
Treaty of Paris 1763.
2.
I was formerly
Bluemantle Pursuivant to His Britannic Majesty King George VI; and Chester
Herald to Her Britannic Majesty Queen Elizabeth II and I have made a study of
heraldry and genealogy for fifty-six years.
3.
Now produced before me
and marked "JAF 1" is a certificate dated 1st of May 1989 which
attests to the recognition and registration, in the records of the
International College of Arms of the Noblesse, of the Sovereign Order of the
Oak.
4.
Before issuing the said
certificate and attesting to the authenticity of the Sovereign Order of the Oak
and authorising its recording in the appropriate register I examined and
considered judicially the proofs of evidence referred to in the said
certificate. All the documents which I so considered and scrutinised are listed
in the schedule hereto.
5.
As regards document number
2 in the schedule, this is a table of genealogical descent establishing the
descent of Don Roberto Paterno Castello di Caraci from Oriol, Count of Aragon,
in the ninth century. It shows the de jure royal descent and establishes
that Don Roberto Paterno Castello di Caraci is head of the de jure royal
line. The other documents listed in the schedule establish, inter alia, Don
Roberto's right to the title of Prince of Emmanuel and the Grand Mastership of
the dynastic orders of the Royal House of Aragon, and also attests to his
quality as fons honorum.
Signed
Sworn by the above named James Arnold Frere in Chester in the County of Cheshire 17th May 1989 and Notary Seal before me B.A.G. King a Notary Public
Signed B.A.G.
King
THE
INTERNATIONAL COLLEGE OF ARMS OF THE NOBLESSE:-
TO ALL AND SINGULAR to whom these presents shall come,
We Don James Arnold Frere, Marques de la Union, Marquis Frere, otherwise
Mountjoy King of Arms and Judge-at-Arms of the International College of Arms of
the Noblesse and sometime Bluemantle Pursuivant to His Britannic Majesty King
George V1 and Chester Herald to Her Britannic Majesty Queen Elizabeth ll send
Greetings.
HEREAS the Sovereign Prince Grand Master and the
Supreme Council of the Sovereign Order of the Oak, otherwise known as the Order
of St. Saviour in Aragon called of Montis Regalis are desirous that the said
Order be recorded and recognized in the archives of the said International
College of Arms of the Noblesse to the intent that all men hereafter should
have notice of same.
ND
WHEREAS the Statutes of the said Order together with certain notarial documents
and proofs of evidence have been submitted to our scrutiny and examination.
ND
WHEREAS the said statutes and other supporting documents have been duly
examined and it appearing to us that the said Sovereign Order of the Oak is
ancient, authentic and worthy to be enregistered and enrolled in the records of
the said International College of Arms of the Noblesse.
OW KNOW
YE THEREFORE that it has been adjudged and is hereby adjudged that the said
Sovereign Order of the Oak is worthy to be so enregistered and enrolled and it
is hereby certified that the said Order together with a copy of its Statutes
and supporting documents has been enregistered and enrolled in the records of
the said International College of Arms of the Noblesse in BOOK OC under NUMBER
3 of one thousand nine hundred and eighty nine.
N WITNESS WHEREOFWe have set our hand and seal at
Domgay House in the Parish of Llandrinio in the County of Powys and Kingdom of
Great Britain and Northern Ireland this first day of May in the Year of Our
Lord one thousand nine hundred and eighty nine.
Signed
Mountjoy King of Arms and
Judge at Arms of the International College of Arms of the Noblesse.
Witnessed
by: E.W. Sharp
THE SCHEDULE OF DOCUMENTS ABOVE REFERRED TO:
1. Affidavit of Dr. Salvatore C. Ruta dated September 21st 1982 executed as a Notarial Act under the Laws of Italy and attesting to the validity of the under mentioned documents which are enumerated herein.
2. The authenticated birth certificate of Don Roberto Paterno Castello di Carcaci.
3. Capitular genealogical table of Royal Descent.
4. Circular letter of the Judicial Procurator of the Two Sicilies dated June 18th 1851.
5. Letter of Don Giovanni Paterno Castello dated May 20th 1851.
6. Ordinance of the Intendent of Catania.
7. Family Pact (actio familiae) setting succession dated June 14th 1853 and duly notarised.
8. Decision of Royal Commission on Titles of Nobility 1859.
9. Royal Decree and letters patent of His Majesty King Francesco II.
10. Royal Commission Decree of March 8th 1860.
11. 'letters patent' of His Majesty King Francesco ll dated September 16th 1860.
12. History of the Royal Aragonese House and Orders in English.
13. Decision of the District Court of Bari dated March 30th 1951.
14. Decision of the District Court of Pistoia dated June 1964.
15. Extract "Libro d'Oro della Nobilita," Rome, entry for Paterno.
16. Extract "Almanach de Gotha" 1943.
17. Extract' Albo d'Oro,' ibid.
18. Documents showing the sale of the Order of St. Saviour in Arargon to HSH Prince Gregorio, together with all royal rights.