|
CONSTITUTIONAL CHARTER
This free
translation is not be intended as a modification of the Italian text
approved by the Extraordinary Chapter General 28-30 April 1997 and
pubblished in the Bollettino Ufficiale, 12 January 1998. In cases
of different interpretations, the official Italian text prevails (Art. 36,
par. 3 Constitutional Charter).
TITLE I
THE ORDER AND ITS NATURE
Article 1
Origin and Nature of the Order
Par. 1 The Sovereign
Military and Hospitaller Order of Saint John of Jerusalem, of Rhodes, and
of Malta, arose from a group of hospitallers of the Hospice of Saint John
of Jerusalem who had been called upon by circumstances to augment their
original charitable enterprise with military service for the defence of
pilgrims to the Holy Land and of Christian civilization in the East. It is
a lay religious Order, by tradition military, chivalrous and nobiliary,
which in time became sovereign on the islands of Rhodes and later of
Malta.
Par. 2 In nations where it exercises its activity in virtue of its
rights or of international conventions, the Orders structure comprises:
Grand Priories, Priories, Subpriories and National Associations.
Par. 3 In this Constitution and in the Code the Sovereign Military
Order of Malta is also referred to as "the Order of Malta" or
simply as "the Order".
Par. 4 In the rules which follow, the Grand Priories and the National
Associations are also referred to as Priories and Associations. The term
Code refers to the Code of the Order.
Article 2
Purpose
Par. 1 The purpose of
the Order is the promotion of the glory of God through the sanctification
of its members, service to the faith and to the Holy Father, and
assistance to ones neighbour, in accordance with its ancient
traditions.
Par. 2 True to the divine precepts and to the admonitions of our Lord
Jesus Christ, guided by the teachings of the Church, the Order affirms and
propagates the Christian virtues of charity and brotherhood. The Order
carries out its charitable works for the sick, the needy and refugees
without distinction of religion, race, origin and age. The Order fulfils
its institutional tasks especially by carrying out hospitaller works,
including social and health assistance, as well as aiding victims of
exceptional disasters and of war, attending also to their spiritual
well-being and the strengthening of their faith in God.
Par. 3 In order to be able to perform their institutional tasks, the
Priories and Associations may, according to the regulations of the Code,
establish dependent organizations in accordance with national laws and
international conventions and agreements made with States.
Article 3
Sovereignty
Par. 1 The Order is a
subject of international law and exercises sovereign functions. Par. 2
Legislative, executive and judicial functions are reserved to the
competent bodies of the Order according to the provisions of the
Constitution and Code.
Article 4
Relations with the Apostolic See
Par. 1 The Order is a
legal entity recognized by the Holy See.
Par. 2 Religious members through their vows, as well as members of the
Second Class through the Promise of Obedience, are only subject to their
appropriate Superiors in the Order. In accordance with the Code of Canon
Law, the churches and conventual institutions of the Order are exempt from
the jurisdiction of the dioceses and are directly subject to the Holy See.
Par. 3 In the conduct of relations with the Apostolic See, the
acquired rights, customs and privileges granted to the Order by the
Supreme Pontiffs are in force unless expressly abrogated.
Par. 4 The Supreme Pontiff appoints as his representative to the Order
a Cardinal of the Holy Roman Church on whom are conferred the title of
Cardinalis Patronus and special faculties. The Cardinalis Patronus has the
task of promoting the spiritual interests of the Order and its members and
relations between the Holy See and the Order.
Par. 5 The Order has diplomatic representation to the Holy See,
according to the norms of international law.
Par. 6 The religious nature of the Order does not prejudice the
exercise of sovereign prerogatives pertaining to the Order in so far as it
is recognized by States as a subject of international law.
Article 5
Sources of the Order's Law
The sources of the
Order's law are:
1 the Constitution, the Code of the Order and, as an adjunct,
canonical legislation;
2 the legislative provisions according to Art. 15, par. 2, a) of the
Constitution;
3 international agreements ratified according to Art. 15, par. 2, h)
of the Constitution;
4 its customs and privileges;
5 the Code Rohan where not in contradiction to current norms.
Article 6
Flags, Insignia and Armorial Bearings of the Order
Par. 1 The flag of
the Order bears either the white latin cross on a red field or the white
eight - pointed cross (cross of Malta) on a red field.
Par. 2 The armorial bearings of the Order display a white latin cross
on a red oval field, surrounded by a rosary, all superimposed on a white
eight - pointed cross and displayed under a princely mantle surmounted by
a crown.
Par. 3 A special regulation, approved by the Grand Master with the
deliberative vote of the Sovereign Council, defines the characteristics
and the use of the flags, the insignia and the armorial bearings of the
Order.
Article 7
Language
The official language of
the Order is Italian.
************
TITLE II
THE MEMBERS OF THE ORDER
Article 8
The Classes
Par. 1 The members of
the Order are divided into three Classes:
A) the First Class consists of Knights of Justice, also called Professed,
and of Professed Conventual Chaplains who have made religious vows;
B) the Second Class consists of members in Obedience, who make the Promise
according to Art. 9, par. 2, and who are subdivided into three categories:
a) Knights and Dames of Honour and Devotion in Obedience
b) Knights and Dames of Grace and Devotion in Obedience
c) Magistral Knights and Dames in Obedience;
C) the Third Class consists of those members who do not make religious
vows or the Promise but who live according to the norms of the Church and
are prepared to commit themselves to the Order and the Church. They are
divided into six categories:
a) Knights and Dames of Honour and Devotion
b) Conventual Chaplains ad honorem
c) Knights and Dames of Grace and Devotion
d) Magistral Chaplains
e) Knights and Dames of Magistral Grace
f) Donats (male and female) of Devotion.
Par. 2 The requisites for admission to the various classes and
categories of membership are determined by the Code.
Article 9
Obligations of the Member
Par. 1 The Knights
and Chaplains belonging to the First Class profess the vows of poverty,
chastity and obedience in accordance with the Code, thus aspiring to
perfection according to the Gospel. They are religious for all purposes of
Canon Law and are governed by the particular rules which concern them.
They are not obliged to live in community.
Par. 2 By virtue of the Promise, members of the Second Class oblige
themselves to strive for the perfection of Christian life in conformity
with the obligation of their state, in the spirit of the Order.
Par. 3 The members of the Order are to conduct their lives in an
exemplary manner in conformity with the teachings and precepts of the
Church and to devote themselves to the charitable activities of the Order,
according to the provisions of the Code.
Par. 4 Members of the Second and of the Third Class, with the
exception of priests, make a financial contribution through their national
organizations to the Grand Magistry, fixed by the Chapter General.
Article 10
Assignment of Members
Par. 1 Where only a
Priory already exists, all members of the three Classes automatically
belong to it.
Par. 2 Where a Subpriory is established, only the members of the First
and Second Class belong to it.
Par. 3 Where an Association is established, the members of the three
Classes belong to it. Par. 4 Where a Priory or Subpriory is
established in the territory where an Association already exists, all the
members of the First and Second Class are also members of the Priory or
Subpriory.
Par. 5 Where neither a Priory nor a Subpriory exists in the territory,
the members of the First and Second Class are also aggregated in gremio
religionis (dependant directly on the Grand Commander).
Par. 6 Where neither a Priory nor an Association exists in the
territory, the members of the Third Class are assigned to an institution
of the Order as the Grand Master decides. Par. 7 The Grand Master with
the deliberative vote of the Sovereign Council, having heard the Priors,
Regents or Presidents concerned, may transfer a member of the Order, with
his consent, to a Priory, Subpriory or Association, according to the above
norms.
Article 11
Duties and Offices
Par. 1 The duties and offices of Grand Master and of Grand
Commander are conferred upon Professed Knights in Perpetual Vows.
Par. 2 The office of Prior is entrusted to Professed Knights in
Perpetual or Temporary vows.
Par. 3 The High Offices and the offices of the Sovereign Council, in
keeping with Art. 20,
par. 4, and the offices of Chancellor, Receiver and Hospitaller of the
Priories and Subpriories as well as those of Regent, Lieutenant, Vicar and
Procurator, are held preferably by Professed Knights.
If Knights in Obedience are elected for their specific qualifications,
their election must be confirmed by the Grand Master.
Par. 4 The positions of High Officers, Priors, Vicars, Lieutenants,
Procurators, Regents, Chancellors of Priories, and of at least four of the
six Councillors of the Sovereign Council, are reserved to Knights having
the requisites for Honour and Devotion or Grace and Devotion.
************
For more details about the Constitutional Charter and Code
visit The Order of Malta Official Site
www.orderofmalta.org
|
