Constitution

 

INTRODUCTION

 

The Equestrian Order of the Holy Sepulchre of Jerusalem, of ancient origins, has its historical roots in the creation of the Canons Regular of the Holy Sepulchre and in the firmly established custom of valiant men being invested with the title of knight at the tomb of Christ in past centuries. It has been reorganised and enriched with privileges by the Supreme Pontiffs who, for a certain period, personally performed the role of Grand Master of the Order. The Order enjoys the special benevolent protection of the Holy See in virtue of the historical, juridical, and religious ties that it has with it. The Order’s history, goals, structure and spirituality confer upon it unique institutional characteristics.

 

Although membership of the Order is, in the first place, for the lay faithful, it is also open to the clergy, especially those engaged in fostering the spiritual growth and progress of all its members. The Order gives primary importance to the vocation to holiness of every Christian and aspires to be an instrument for the development and deepening of personal sanctification, as well as an environment in which faith is practised and lived in all its aspects.

 

The Order, with its structure and activities, participates directly in the Roman Pontiff’s solicitude for places and Catholic institutions in the Holy Land. Its goals spring from papal teachings and are located in the general context of the ends of charity, apostleship and service to the dignity of the human being that are specific to the Catholic Church.

 

In particular, the link with Jerusalem, which is specific to the Order, requires responsibility for its Holy Places (cf. Gal 4:26).

 

The Holy Sepulchre is in fact the symbol of the Passion shared with Jesus and nurtures hope in the Resurrection (cf. Phil 3:10-11). 

 

INSTITUTION

 

Article I

 

Mission

 

The specific mission assigned by the Holy Father to the Equestrian Order of the Holy Sepulchre of Jerusalem is that of animating zeal in the ecclesial community towards the Land of Jesus and sustaining the Catholic Church and the Christian presence there.

 

The Order, in its members, is resolved to practise the evangelical virtues.

 

Article 2

 

Nature

 

§ 1. The Order is a public Juridical Person under canon law, as stated in the Apostolic Letters of Pope Pius XII dated 14 September 1949 and Pope St.John XXIII dated 8 December 1962, as well as a Juridical Person in the Vatican according to the rescript of Pope St.John Paul II dated 1 February 1996. Because of its activity, the Order acts as a Central Entity of the Catholic Church, in accordance with Art. 11 of the Lateran Treaty dated 11 February 1929.

 

§ 2. The Order, due to its nature and its strictly religious and charitable purposes, is extraneous to any movement or stances of a political character. The members of the Order cannot take part in the activities of bodies, organisations and associations whose character, purpose and programs are contrary to the doctrine and teachings of the Catholic Church or belong to aledged orders or institutions of asserted chivalric character that are not recognised by the Holy See or not permitted by Sovereign States.

 

§ 3.  In order to sustain its institutional activity, in compliance with the rules of canon law and the specific rules of the Holy See, as well as the provisions of this Constitution and the General Regulations, the Order avails itself of a patrimony made up of funds obtained by its central, national and local bodies, the economic contributions of its members, voluntary donations, as well as revenue derived from the economic and financial management of its personal and real property.

 

Article 3

 

Seat

 

The Order has its legal seat in the Vatican City State and the centre of its activities in the religious house located near the Church of Sant’Onofrio on the Janiculum, as set out in the Motu Proprio of Pope Pius XII dated 15 August 1945.

 

CHARACTERISTICS

 

Article 4

 

Commitments

 

The Equestrian Order of the Holy Sepulchre of Jerusalem, in the field of its responsibilities, seeks to foster:

 

1.         Personal renunciation through self-discipline, witness to one’s faith and zeal for good. This commitment requires cultivating an interior aptitude for detachment, a wish to subordinate one’s own personal interests to the needs of others and the common good, and a marked generosity in using one’s own material and spiritual resources, talents, influence, time and energy for the benefit of one’s neighbour.

 

2.         Generosity in line with the mandate conferred on the Order which requires from its members solicitude in extending their help to the most vulnerable and least fortunate and, in particular, in the exercise of their solidarity to benefit the populations of the Holy Land. This involves material, moral and spiritual support for people in a state of need and for those who do not have an opportunity to make their voices heard or who are without the means to defend themselves and their rights.

 

3.         Courage in the struggle for justice and peace. The practice of this virtue involves the adoption of initiatives in the field of formation at all levels and the wish to provide support for the recognition of, and respect for, the dignity and human rights of individuals, especially freedom of religion and worship and equality before the law, as well as reasonable safety as regards their lives for those who live in the Holy Land.  

 

4.         Solidarity through the prayer and generous help of its members. This is expressed principally in support for the Latin Patriarchate of Jerusalem and contributes to the maintenance of religious, charitable, educational, cultural and social institutions, as well as activities that are specific to the Catholic Church in the Holy Land.  The Order cooperates with the local Churches in which it is present.

 

5.         Concern for the Christian presence in the Holy Land. This commitment includes both the defense of the Church in loco, providing financial contributions for the Holy Places as well, and the survival and the continuity of the Christian communities. This commitment must also develop prayer and activity to promote mutual understanding between peoples, dialogue, forgiveness, reconciliation and other fundamental values that are pre-conditions for the peaceful co-existence of all the peoples of the Holy Land.

 

6.         Involvement of the members of the Order. This involves the obligation to be actively committed and take part, with enthusiasm and generosity, in activities in the field of charity, evangelisation and ecumenism promoted by the local Churches. Members must be aware of the spiritual and ecclesial meaning of their membership of the Order and be witnesses to ties not only with the universal Church and the Holy Land but also with the dioceses and parishes to which they belong.

 

7.         Cooperation with other bodies and organisations, whether religious or secular, which share similar goals and objectives in the Holy Land. The members of the Order seek to call to the attention of Catholics, other Christians, the members of other religions and men of good will of the whole world the good works in which the Order is involved in the Holy Land, as well as the promotion of the union of Christians and inter-religious understanding and cooperation.

 

ORGANISATION AND CENTRAL GOVERNMENT

 

Article 5

 

Cardinal Grand Master

 

§ 1. Appointment. The Grand Master is appointed by the Supreme Pontiff from among the Cardinals of the Holy Roman Church. The duration of his mandate is established by the Roman Pontiff.

 

§ 2. Duties. The Cardinal Grand Master, assisted by the Grand Magisterium and its Presidency, rules and governs the Order, exercising his authority in a spirit of service according to the rules of canon law, the Constitution and the General Regulations of the Order. The Cardinal Grand Master represents the Order with the Holy See and with all ecclesiastical and civil authorities, at international, national and local levels.

 

§ 3. Delegation. The Cardinal Grand Master may delegate to bodies envisaged by the Constitution, to individual members of the Grand Magisterium, Lieutenants, Magistral Delegates or to other members of the Order, the task of working in his name and acting on his behalf in relation to specific questions, economic matters, events or cases.

 

§ 4. Sole responsibilities. The Cardinal Grand Master, after hearing the opinion of the Grand Magisterium or its Presidency, has the duty of approving the choice of external and independent auditors; authorising the transfer of, or issuing other provisions regarding, land, real property or any other assets of the Order; and allowing, in special cases, the leasing, purchase or commitment to expenditure by the Order in relation to any real property, the value of which exceeds the amount established by him periodically in writing.

 

Article 6

 

Grand Prior

 

§ 1. Appointment. The Latin Patriarch of Jerusalem is ex officio the Grand Prior of the Order and is the highest ecclesiastical dignitary of the Order after the Cardinal Grand Master. If the government of the Patriarchate is entrusted to an Apostolic Administrator, he is the Grand Prior pro-tempore.

 

§ 2. Duties. The Grand Prior exercises certain prerogatives of the Cardinal Grand Master on the basis of what is established by the Constitution and the General Regulations. The Grand Prior periodically reports to the Cardinal Grand Master and the Grand Magisterium on the pastoral needs of the Latin Patriarchate.

 

Article 7

 

Assessor

 

§ 1. Appointment. The Assessor is a prelate appointed by the Cardinal Grand Master with the approval of the Roman Pontiff. He remains in office until the appointment of the next Cardinal Grand Master.

 

§ 2. Duties. The Assessor assists the Cardinal Grand Master, the Lieutenant General and the Governor General. He must be consulted by the Cardinal Grand Master on the most important decisions concerning the life and activity of the Order. He participates in any event to which he is invited by the Cardinal Grand Master.

 

§ 3. Substitution. The Assessor temporarily exercises the prerogatives of the Cardinal Grand Master in the event of the latter’s death, resignation, incapacity to act or prolonged absence.

 

Article 8

 

Grand Magisterium

 

§ 1. Tasks. The Grand Magisterium assists the Cardinal Grand Master in the management of the Order and is responsible for its administration and activities, as established by the Constitution and the General Regulations of the Order.

 

§ 2. Members. The Cardinal Grand Master, after consultation with the Presidency of the Grand Magisterium, can appoint – as its members – up to a maximum of twelve members of the Order, of which at least three quarters must be laity, in addition to the following who are members of the Grand Magisterium ex officio:

 

a) The Assessor

b) The Lieutenant General

c) The Governor General

d) The Vice Governors General

e) The Chancellor of the Order

f) The Treasurer of the Order

g) The Master of Ceremonies and Spiritual Assistant of the Order

 

§ 3. Exclusions. In order to avoid any possible conflict of interest, the Grand Prior of the Order, the Lieutenants, the Magistral Delegates, the Priors of Lieutenancies and the Priors of Magistral Delegations currently in office cannot be appointed members of the Grand Magisterium.

 

§ 4. Meetings. The Cardinal Grand Master convenes and presides over all the meetings of the Grand Magisterium and approves their agendas proposed by its Presidency; the Governor General chairs these meetings. The Grand Magisterium must be convened by the Cardinal Grand Master at least twice a year, as well as at any time he deems it appropriate to do so.

 

§ 5. Specific responsibilities. The Grand Magisterium is collegially responsible for approving the Order’s annual budget and for examining and approving both the final accounts and the reports of the auditors.  It also prepares and publishes an annual report for the Lieutenants on its activities and finances.

 

Article 9

 

Lieutenant General

 

§ 1. Appointment.  In special circumstances the Cardinal Grand Master has the faculty, where his judgement cannot be the subject of appeal, to appoint a Lieutenant General chosen from among the lay members of the Order.

 

§ 2. Duties. The Lieutenant General represents the Cardinal Grand Master at events that concern the Order or when he is the delegate of the Cardinal Grand Master; he also carries out any other task that the Cardinal Grand Master deems appropriate to entrust to him.

 

Article 10

 

Presidency of the Grand Magisterium

 

§ 1. Duties. The Presidency of the Grand Magisterium is the executive body of the Grand Magisterium and during the intervals between meetings of the Grand Magisterium exercises its authority and responsibilities, with the exception of matters falling exclusively within the competence of the Grand Magisterium as stated in Article 8. It supports the Governor General in the management of the Order’s ordinary activities and in guaranteeing the integrity of its reserve funds, as indicated in the Constitution of the Order and in the General Regulations. It carries out every other task that the Cardinal Grand Master deems appropriate to entrust to it.

 

§ 2. Members. The Cardinal Grand Master, after consultation with the Governor General, can appoint other members of the Grand Magisterium to be members of the Presidency in addition to the holders of the following offices who are ex officio members of the Presidency:

 

a)  The Governor General

b)  The Vice Governors General

c)  The Chancellor of the Order

d)  The Treasurer of the Order

 

§ 3. Meetings. The Governor General convenes and presides over the meetings of the Presidency of the Grand Magisterium and decides their agendas. The Presidency of the Grand Magisterium is convened by the Governor General each time that he deems it necessary or when requested to do so by a majority of its members.

 

Article 11

 

Governor General

 

§ 1. Appointment. The Governor General is appointed by the Cardinal Grand Master from among the lay members of the Order for a period of four years and can be reappointed.

 

§ 2. Duties. The Governor General is the central administrator of the Order and is responsible for its direction as well as its financial and economic management, under the supervision of the Cardinal Grand Master.

 

The Governor General supervises the activities of the members of the Grand Magisterium, of its Presidency, of the Council and of the Commissions of the Order. Furthermore, he analyses and reports to the Cardinal Grand Master the needs and activities of the Order in the Holy Land; he issues directives to the Lieutenancies and Magistral Delegations and provides for their possible needs; he ensures compliance with the Constitution and the General Regulations of the Order and with the provisions issued by the statutory bodies of the Grand Magisterium; and he represents the Order in courts of law.

 

Article 12

 

Vice Governors General

 

§ 1. Appointment. The Vice-Governors General are appointed by the Cardinal Grand Master, in agreement with the Governor General, from among the lay members of the Order.

 

§ 2. Duties. The Vice Governors General have the responsibility of assisting the Governor General in the management and general administration of the Order if they are delegated by him to do this. They can be entrusted with tasks involving the coordination and supervision of the activities of regional or special groups of Lieutenancies and Magistral Delegations.

 

§ 3. Substitution. The longest serving Vice Governor General can be called to take the place of the Governor General when necessary.

 

Article 13      

 

Chancellor of the Order

 

§ 1. Appointment. The Chancellor of the Order is appointed by the Cardinal Grand Master, in agreement with the Governor General, from among the lay members of the Order.

 

§ 2. Duties. The Chancellor is the secretary of the Grand Magisterium, of its Presidency and of the Council, and ensures that all their respective proceedings are collected, arranged and kept in the archives. His tasks include the assessment and processing of proposals for admission to the Order and for promotions, in line with what is established by the Constitution and the General Regulations of the Order. He coordinates the activities involving communication and the publications of the Grand Magisterium of the Order.

 

Article 14

 

Treasurer of the Order

 

§ 1. Appointment. The Treasurer of the Order is appointed by the Cardinal Grand Master, in agreement with the Governor General, from among the lay members of the Order.

 

§ 2. Duties. The Treasurer is the custodian of the patrimony of the Order and follows its financial and economic management in accordance with canon law, the Constitution and the General Regulations, as well as the specific directives received from the statutory bodies.

 

The Treasurer’s duties include the ordinary management of the Order’s patrimony in collaboration with the Economic Commission and the drawing up of the annual budget of the Order; the management of economic and financial resources according to the expenditure forecasts; and the drawing up of the related accounts.

 

Article 15

 

Master of Ceremonies and Spiritual Assistant of the Order

 

§ 1. Appointment. The Master of Ceremonies and Spiritual Assistant of the Order is appointed by the Cardinal Grand Master, in agreement with the Governor General, from among the ecclesiastical members of the Order.

 

§ 2. Duties. The Master of Ceremonies and Spiritual Assistant assists the Cardinal Grand Master in the spiritual direction and organisation of the ceremonies of the Order. He has the task of informing the Cardinal Grand Master and the Governor General about all questions relating to the spiritual growth of the Order, indicating the problems related to this, and providing any possible revisions of publications on the liturgy and the rules of the ceremonies.

 

Article 16

 

Other Dignitaries

 

The Cardinal Grand Master, in agreement with the Governor General, can appoint other Dignitaries for a specified period in order to carry out certain specific tasks.

 

Article 17

 

Council

 

§ 1. Role. The Council is an advisory body of the Cardinal Grand Master. It is not a deliberative body but its proposals form a part of the decision-making process relating to the most important issues concerning the Order.

 

§ 2. Members. The following members are part of the Council ex officio:

 

a)  The Grand Prior

b)  The Assessor

c)  The members of the Grand Magisterium

d)  The Lieutenants and Magistral Delegates

e)  A representative of the Secretariat of State

f)  A representative of the Congregation for the Oriental Churches

 

§ 3. Further members. The Cardinal Grand Master, in agreement with the Governor General, can appoint further members, consultants and observers, in addition to the ex officio members mentioned in the preceding paragraph.

 

§ 4. Plenary meetings. The Cardinal Grand Master convenes the Council, approves its agenda proposed by the Presidency of the Grand Magisterium, and presides over its plenary meetings. The Governor General chairs the meetings of the Council which must be convened by the Cardinal Grand Master at least once every four years, as well as any time that he deems it appropriate to do so.

 

§ 5. Regional meetings. The Vice Governors General with regional responsibility for a specific geographical area, or the Governor General, can convene and preside over local meetings of Lieutenants and Magistral Delegates, with other members of the Order.

 

The purpose of these meetings is to allow Lieutenants and Magistral Delegates to discuss and analyze common interests and questions with each other and with the central authorities of the Order.

 

Article 18

 

Spiritual Commission

 

§ 1. Duties. The Spiritual Commission is a consultative body of the Order with the task of advising and assisting the Cardinal Grand Master and the Grand Magisterium as regards the development of spirituality in the Order and the increase of the practice of Christian life amongst its members.

 

§ 2. Members. The Cardinal Grand Master, in agreement with the Governor General, appoints the members of the Spiritual Commission, two of whom must be members of the Grand Magisterium, in addition to the Master of Ceremonies and Spiritual assistant of the Order who is its President ex officio.

 

Article 19

 

Economic Commission

 

§ 1. Duties. The Economic Commission is a consultative body of the Order with the task of advising and assisting the Grand Magisterium in supervising the economic administration of the Institution, including acquisitions, properties and the management and transfer of the temporal goods of the Order, as well as the assessment of risks. The Economic Commission also has the task of examining the annual budget of the Order and the financial accounts.

 

§ 2. Members. The Cardinal Grand Master, in agreement with the Governor General, appoints the members of the Economic Commission, two of whom must be members of the Grand Magisterium, in addition to the Treasurer of the Order who is its President ex officio. Preferably, its members must be experts in economics and civil law.

 

Article 20

 

Holy Land Commission

 

§ 1. Tasks. The Holy Land Commission is a consultative body of the Order with the task of advising and assisting the Grand Magisterium in examining, assessing (also with visits in loco) and possibly proposing the approval of the requests addressed to the Order to finance projects in the Holy Land. It supervises and reports on the state of progress and the completion of the approved projects.

 

§ 2. Members. The Cardinal Grand Master, in agreement with the Governor General, appoints the members of the Holy Land Commission. It is made up of three members, one of whom must be a member of the Grand Magisterium who as such assumes the role of President of the Commission.

 

Article 21

 

Appointments Commission

 

§ 1. Duties. The Appointments Commission is a consultative body of the Order with the task of examining, processing and submitting for the approval of the Cardinal Grand Master the requests for admission and the proposals for promotion in the Order.

 

§ 2. Members.  The Cardinal Grand Master, in agreement with the Governor General, appoints the members of the Commission, two of whom must be members of the Grand Magisterium, in addition to the Chancellor of the Order who is its President ex officio.

 

Article 22

 

Temporary Commissions

 

§ 1. Institution. The Cardinal Grand Master, in agreement with the Governor General, can institute Temporary Commissions for specific ends with a consultative function.

 

§ 2. Members. The Cardinal Grand Master, in agreement with the Governor General, appoints the members of Temporary Commissions. The person who presides over such Commissions must be designated from among the members of the Grand Magisterium.

 

§ 3. Duration. The duration of such Commissions is established by the Grand Master and normally does not exceed three years.

 

Article 23

 

Advisers

 

The Cardinal Grand Master, in agreement with the governor General, can appoint advisers for each of the bodies of government or consultative bodies of the Order. They remain in office for as long as the need that determined their appointment continues.

 

Article 24

 

Financial Budget and Accounts of the Order

 

§ 1. Budget. The annual budget is drawn up by the Treasurer of the Order, examined by the Economic Commission, reviewed by the Presidency of the Grand Magisterium and presented to the Grand Magisterium for its final approval.

 

§ 2. Financial accounts. The annual financial accounts of the Order are drawn up by the Treasurer, examined by the Economic Commission, reviewed by the Presidency of the Grand Magisterium, audited by professional and independent auditors and sent to the Grand Magisterium with the written report of these auditors.

 

§ 3. The annual financial budget and accounts after their approval by the Grand Magisterium are submitted to the Secretariat of State through the Grand Master.

 

ORGANISATION AND LOCAL MANAGEMENT

 

Article 25

 

Lieutenancies and Magistral Delegations

 

§ 1. Nature. The life of the Order expresses itself in its local structures called Lieutenancies, within which candidates that have already been selected are given formation. The spirituality of the Order is promoted and developed in them and this is renewed in the brotherhood and love that unites its members and is openly borne witness to in the society in which they live.

 

§ 2. Institution. The right to institute, to sub-divide or otherwise to modify the territorial jurisdiction of a Lieutenancy is the task of the Cardinal Grand Master alone and is exercised in agreement with the Presidency of the Grand Magisterium. Before institution, the written approval must be obtained of the Diocesan Ordinary of the Bishops’ Conference within whose boundaries the future Lieutenancy will be instituted.

 

In the same way, following a joint proposal of the Lieutenant and the Grand Prior of the Lieutenancy, with the assent of the Ordinary of the Place, Sections can be instituted in the territory of each Lieutenancy and these, in their turn, can be sub-divided into Local Delegations.

 

The Cardinal Grand Master, for serious and well-founded reasons, after consulting the Presidency of the Grand Magisterium, can dissolve a Lieutenancy.

 

§3. Territory. Where possible the boundaries of Lieutenancies, Sections or Local Delegations must match respectively the boundaries of the regional Bishops’ Conferences, ecclesiastical Provinces and local Churches.

 

§ 4. Local organisation. The Lieutenancies can be further organised in line with the practices of the local Church and the civil laws of the places in which they operate, as long as such usages and laws are in conformity with canon law, the Constitution and General Regulations of the Order, and approved by the Governor General, after an opinion expressed by the Presidency of the Grand Magisterium.

 

§ 5.  Magistral Delegations. The placing of the Order in a geographical area in which it was not present or the autonomy granted to a Section in relation to the original Lieutenancy to which it belonged takes place initially with the creation of a Magistral Delegation. The Magistral Delegation can be raised to the level of a Lieutenancy when it reaches a minimal duration of existence and a specific number of members, as envisaged by the General Regulations.

 

The rules of the Constitution and the General Regulations of the Order concerning Lieutenancies and Lieutenants must be understood as being equally applicable to the Magistral delegations and Magistral Delegates, unless the contrary is expressly envisaged.

 

Article 26

 

The Lieutenants

 

§ 1. Appointment. The Lieutenants are appointed from the lay members of the Order by the Cardinal Grand Master, in agreement with the Governor General, after consulting the Presidency of the Grand Magisterium and the authorities of the local Church. The Lieutenants hold office for four years and can be re-appointed only once.

 

The Cardinal Grand Master, in agreement with the Governor General, for serious and well-founded reasons, after consulting the Presidency of the Grand Magisterium, can revoke the appointment of a Lieutenant in compliance with the procedures envisaged by Art. 39 of this Constitution.

 

§ 2. Duties. The Lieutenants direct the Lieutenancies that are entrusted to them in a spirit of service, exercising their authority in compliance with the rules of cannon law, of the Constitution and of the General Regulations of the Order.

 

The Lieutenants are responsible for the life, the spiritual growth and the activities of their Lieutenancies; for the selection of candidates; for the continuous formation of their members; for the contacts with the local hierarchy and for the ecclesial communion of the members; for the collection of funds to be allocated to charitable aid for the Holy Land; for the organisation of the annual meetings of all the members; and for the correct application of the Constitution and the General Regulations of the Order and the directives of the Grand Master, the Grand Magisterium and the Governor General.

 

They have the task of representing their respective Lieutenancies with the local, ecclesiastical and civil authorities.

 

§ 3. Collaborators. The Lieutenants are assisted in the performance of their duties by the Grand Prior of the Lieutenancy and by the Council of Lieutenancy of which they are the President.

 

§ 4. Regent. A Regent can be appointed by the Cardinal Grand Master, in agreement with the Governor General, after consulting the Presidency of the Grand Magisterium, from the members of the Order, to exercise temporarily the authority of the Lieutenant in the case of the Lieutenant’s death, resignation, incapacity to act or prolonged absence for serious and well-founded reasons.

 

§ 5.  Economic administration. The Lieutenant, in cooperation with the Treasurer of the Lieutenancy, is responsible for the administration of the temporal goods of the Lieutenancy, in compliance with canon law, the Constitution and the General Regulations of the Order and civil law.

 

§ 6. Report. The Lieutenant must send to the Governor General an annual report on the activities, the general administration and the economic management of the Lieutenancy and its Sections and Local Delegations.

 

Article 27

 

Grand Prior of the Lieutenancy

 

§ 1. Appointment. The Grand Prior of the Lieutenancy is appointed from the ecclesiastical members of the Order, preferably of an episcopal character, by the Cardinal Grand Master after consulting the Assessor, the Governor General, the Lieutenant and the competent authorities of the local Church. The Grand Prior remains in office for a period of four years and can be reappointed.

 

§ 2. Duties. The Grand Prior assists the Lieutenant and cooperates with the Lieutenant in the spiritual direction of the Lieutenancy, is its spiritual guide, issues directives, and follows the action of the Priors of the Sections and Local Delegations.

 

§ 3. Coadjutor. When circumstances so require, the Cardinal Grand Master, after consultation with the Assessor, the Governor General, the Grand Prior involved and the Lieutenant, can appoint a Coadjutor to assist the Grand Prior of the Lieutenancy.

 

The Cardinal Grand Master, for serious and well-founded reasons, after consulting the Assessor, the Governor General and the Grand Prior involved, and after hearing the opinion of the Lieutenant, can revoke the appointment of a Coadjutor to the Grand Prior of the Lieutenancy.

 

Article 28

 

Council of the Lieutenancy

 

§ 1. Duties. The Council of the Lieutenancy is a consultative body that assists the Lieutenant in the direction of the Lieutenancy, in particular in the development of the spiritual life of its members, in guiding its charitable activity and in attending to its administration. 

 

§ 2. Members. The Lieutenants institute the Council of Lieutenancy and, in agreement with the Grand Prior of the Lieutenancy and with the approval of the Presidency of the Grand Magisterium, appoints its members, of whom at least three-quarters must be laity, in addition to the following members who are part of it ex officio:

 

a)  The Chancellor of the Lieutenancy

b)  The Treasurer of the Lieutenancy

c)  The Secretary of the Lieutenancy

 

§ 3. Meetings. The Lieutenant convenes and presides over all the meetings of the Council of the Lieutenancy and decides their agendas. The Council of the Lieutenancy must be convened at least twice a year and can be further convened for as many times as the Lieutenant thinks necessary.

 

§ 4. Revocation of the appointment of members. The Lieutenant, for serious and well-founded reasons, after consulting the Grand Prior of the Lieutenancy and informing the Presidency of the Grand Magisterium, can revoke the appointment of one or more members of the Council of the Lieutenancy. However, the revocation of one of the ex officio members requires the approval of the Presidency of the Grand Magisterium.

 

Article 29

 

Chancellor of the Lieutenancy

 

§ 1. Appointment. The Chancellor of the Lieutenancy is appointed from among the lay members of the Lieutenancy, in agreement with the Grand Prior of the Lieutenancy and with the approval of the Presidency of the Grand Magisterium.

 

§ 2. Duties. The Chancellor of the Lieutenancy answers to the Lieutenant and has the task of assisting the Lieutenant in the administration of the Lieutenancy, processing the requests for admission to the Order, and assessing the activities of the individual members of the Lieutenancy and possible promotions. In addition, the Chancellor supervises the activities involving communications of the Lieutenancy.

 

§ 3. Substitution. The Chancellor of the Lieutenancy can temporarily carry out the tasks of the Lieutenant in the case of the Lieutenant’s death, resignation, inability to act or prolonged absence, or in the period prior to the taking of office of a new holder of the position or a Regent.

 

Article 30

 

Treasurer of the Lieutenancy

 

§ 1. Appointment. The Treasurer of the Lieutenancy is appointed by the Lieutenant from among the lay members of the Lieutenancy, in agreement with the Grand Prior of the Lieutenancy and with the approval of the Presidency of the Grand Magisterium.

 

§ 2. Duties. The Treasurer of the Lieutenancy answers to the Lieutenant as regards the administration of the economic affairs of the Lieutenancy. Amongst the Treasurer’s tasks are the management of the property of the Lieutenancy, the drawing up of its annual budget, and the administration of its patrimonial resources in line with the forecast of the approved annual budget, and attends to the preparation of the annual financial accounts of the Lieutenancy.

 

Article 31

 

Secretariat of the Lieutenancy

 

§ 1. Appointment. The Secretary of the Lieutenancy is appointed by the Lieutenant from among the lay members of the Lieutenancy, in agreement with the Grand Prior of the Lieutenancy and with the approval of the Presidency of the Grand Magisterium.

 

§ 2. Duties. The Secretary of the Lieutenancy answers to the Lieutenant and has the task of registering and archiving the proceedings of the Lieutenancy, conserving the data on the members, and providing administrative assistance to the Lieutenant and the Chancellor of the Lieutenancy.

 

Article 32

 

Other Members of the Council of the Lieutenancy

 

The Lieutenant, in agreement with the Grand Prior of the Lieutenancy and after informing the Presidency of the Grand Magisterium, can appoint other members from among the Councillors of the Lieutenancy to perform certain specific tasks that the Lieutenant believes necessary.

 

Article 33

 

Sections and Local Delegations

 

§ 1. Institution. In response to a joint proposal of the Lieutenant and the Grand Prior of the Lieutenancy, with the assent of the local Ordinary, the Cardinal Grand Master, in agreement with the Governor General, after consulting the Presidency of the Grand Magisterium, can authorise the sub-division of the Lieutenancy into Sections. Similarly, the Sections can be sub-divided into Local Delegations.

 

§ 2. Section Presidents and Local Delegates. The Sections are directed by Section Heads and the Local Delegations are directed by Local Delegates.

 

The Section Heads are appointed by the Lieutenant, in agreement with the Grand Prior of the Lieutenancy, after hearing the opinion of the competent Metropolitan Archbishop and with the approval of the Presidency of the Grand Magisterium. The Local Delegates are appointed by the Lieutenant in agreement with the Section Prior and the Section Head after hearing the opinion of the competent Diocesan Ordinary and with the approval of the Presidency of the Grand Magisterium.

 

The Lieutenant, for serious and well-founded reasons, in agreement with the Grand Prior of the Lieutenancy and Section Prior, and after informing the Presidency of the Grand Magisterium, can revoke the appointment of a Section President and, after prior consultation with the Section Head involved, can revoke the appointment of a Local Delegate.

 

§ 3. Regents of Sections and of Local Delegations. A Regent can be appointed from the members of the Lieutenancy by the Lieutenant, in agreement with the Grand Prior of the Lieutenancy and with the approval of the Presidency of the Grand Magisterium, in order to exercise temporarily the duties of a Section President or Local Delegate in the case of the death, resignation, incapacity to act or prolonged absence of that office-holder.

 

§ 4. Section and Local Delegation Priors. The Section or Local Delegation Priors are appointed by the Lieutenant in agreement with the Grand Prior of the Lieutenancy and after receiving the approval of the Presidency of the Grand Magisterium and the Cardinal Grand Master.

 

The Section and Local Delegation Priors co-operate with their respective Section Heads or Local Delegates and perform the role of spiritual guides of the Section or Local Delegation, directing all of its religious activities.

 

The Lieutenant, for serious and well-founded reasons, in agreement with the Grand Prior of the Lieutenancy, can revoke the appointment of a Section Prior and, after informing the President of the Section involved as well, of a Local Delegation Prior.

 

§ 5. Councils of Sections and of Local Delegations. The Councils of Sections and, if they have been created, of Local Delegations, assist the Section Head or Local Delegate in the direction of the activities of the Section or Local Delegation.

 

The Section Head or Local Delegate, in agreement with the Section or Local Delegation Prior and the Lieutenant, after informing the Metropolitan Archbishop or Diocesan Ordinary, decides the number of members of the Council of the Section or Local Delegation and appoints its members.

 

The Lieutenant, for serious and well-founded reasons, after consulting the Council of the Lieutenancy, in agreement with the Grand Prior of the Lieutenancy, and with the approval of the Presidency of the Grand Magisterium, can dissolve the Council of a Section. By the same procedure, after also consulting the Section Head involved, the Lieutenant can dissolve the Council of a Local Delegation or revoke the appointment of one or more of its members.

 

MEMBERS

 

Article 34

 

Candidacy for Admission

 

§ 1. Selection. The Prerogative of selecting candidates for admission to the Order belongs in the first place to the Lieutenants; this task is exercised in close cooperation with the Grand Prior of the Lieutenancy and the Council of Lieutenancy, after hearing the opinion of the relevant ecclesiastical authorities. The exercise of this responsibility involves not only an assessment of the suitability of candidates but also the identification, within the territory of the Lieutenancy, of people who possess the moral, religious and personal requisites that are required for admission to the Order.

 

§ 2. Requisites. The candidates for admission to the Order must be Catholics of exemplary faith and corresponding moral conduct who actively take part in the life of their local Churches and generously support their spirituality. In addition, they must be animated by the wish to live the spirituality of the Order intensely and to contribute to the carrying out of its mission.

 

§ 3. Requirement. The candidates for admission to the Order must present a written undertaking that demonstrates that they are ready and willing to become part of the Order, accepting all of the obligations established by this Constitution and the related General Regulations.

 

§ 4. Formation. The candidates for admission to the Order must complete a period of formation, usually with a duration of not less than a year. The period of formation must be directed by a member endowed with proven experience and adequate seniority in the Order.

 

Article 35

 

Admissions and Resignations

 

§ 1. Competent authority. The ordinary power of admitting candidates into the Order and conferring investiture upon them lies with the Cardinal Grand Master according to the Constitution and the General Regulations of the Order. This power is normally exercised in response to a proposal made by a Lieutenant, exceptionally to a proposal made by the Grand Magisterium, and in particular cases motu proprio.

 

§ 2. Faculty of the Patriarch Grand Prior. An extraordinary power of admitting candidates into the Order lies with the Patriarch Grand Prior. He has the faculty to admit to the Order Canons of the Patriarchal Basilica of the Holy Sepulchre with a rank corresponding to their dignity. He may also admit members of the secular clergy who belong to the Latin Patriarchate, religious who have obtained the permission of their major Superior, as well as members of the lay faithful, both men and women. This extraordinary power is exercised in relation to ecclesiastics, religious and members of the laity who are permanently resident in the territory of the Latin Patriarchate and have acted in a particularly meritorious way for the Patriarchate itself, its works and institutions, and the Custody of the Holy Land or the Holy places.

 

These admissions, carried out by a letter of appointment by the Patriarch Grand Prior, must be submitted with the relevant documentation to the Cardinal Grand Master who validates them through the issuing of a corresponding diploma.

 

§ 3. Ceremony of investiture. The celebration of the ceremony of investiture of new members of the Order is the task of the Cardinal Grand Master; in his absence, authority to celebrate the ceremony of investiture is delegated to Grand Priors in their respective Lieutenancies, through his implicit delegation. The Grand Priors of the Lieutenancies, in their turn, can sub-delegate this task to another ecclesiastical authority who belongs to the Order.

 

§ 4. Cessation of membership of the Order. Members can give up their membership of the Order through the presentation in writing of their resignation to their Lieutenant. Resignations have effect from the date at which the recipient receives them. The effectiveness of a resignation does not depend upon its acceptance by any authority of the Order.

 

§ 5. Self-suspension ad interim. With what is envisaged in the previous paragraph remaining valid, the members of the Order are invited to suspend themselves when personal situations occur that can cause injury to the Order itself.

 

Article 36

 

Obligations

 

§ 1. General obligations. The members of the Order are required to participate actively both in an individual and in a collective way in the life of the Order and in particular in those activities designed to achieve the goals of the Constitution; to observe precisely the rules of the Constitution and the General Regulations; and to follow fully and faithfully the directives of the Cardinal Grand Master, of the Grand Magisterium and of the Governor General, and of all the other members of the Order deputised to act in their name.

 

§ 2. Pilgrimage. Except for justified reasons, the members of the Order must go on a pilgrimage to the Holy Land at least once in their lives, preferably taking part in one organised officially by the central or local authorities of the Order.

 

§ 3. Local activities. The members of the Order are called to participate in the life of the Order, in particular taking part in the liturgical celebrations and the religious, charitable and institutional activities proposed by their Lieutenancy, including, except when there are justified reasons, the annual meeting of their Lieutenancy.

 

§ 4. Economic support. The members of the Order are obliged to make an annual economic contribution to the Order in accordance with the rules in force in their respective Lieutenancies. They must also make the envisaged contribution established at the moment of their admission and of any possible subsequent promotions.

 

§ 5. Rules of behaviour. The members of the Order must abstain from any action or form of behaviour that, in the judgement of the competent authority of the Order, can constitute a serious public violation of divine or ecclesiastical law, threatening ecclesial communion seriously or damaging in any way the reputation and the honourability of the Order.

 

§ 6. Violations. An unjustified non-observance of one or more of the obligations envisaged in paragraphs 1, 3, 4 and 5 of this Article can involve the revocation of membership of the Order.

 

Article 37

 

Spiritual Benefits

 

The members of the Order can acquire special spiritual benefits according to the provisions of the Roman Pontiffs as set out in the General Regulations of the Order.

 

Article 38

 

Promotions

 

§ 1. Competent authority. The power to promote members of the Order to higher ranks lies with the Cardinal Grand Master according to the Constitution and the General Regulations of the Order. Normally, this is exercised in response to a proposal made by a Lieutenant, in exceptional cases in response to a proposal made by the Grand Magisterium, and in particular cases motu proprio.

 

§ 2. Requisites. The promotion of a member of the Order to a higher rank constitutes a recognition of the seniority, commitment, participation and quality of service of the member in the rank to which they belong.

 

§ 3. Classes and ranks. The Order is composed of Knights and Dames who are divided into two classes:

 

A) The class of Knights of the Collar and Dames of the Collar. The collar is conferred on most eminent ecclesiastical personalities or lay personalities of most high dignity. The Collar of the Order belongs by right to the Cardinal Grand Master and to the Latin Patriarch of Jerusalem.

 

B) The class of Knights and Dames of the following separate ranks:

 

a)  Knights and Dame

b)  Knight Commander and Dame Commander

c)  Knight Commander with Star (Grand Officer) and Dame Commander with Star

d)  Knight Grand Cross and Dame Grand Cross

 

§ 4. Initial rank. Usually a candidate enters the Order with the initial rank of Knight or Dame.

 

§ 5. Uniform in church. The distinctive uniform of a Knight or Dame is a cape with a cross potent and can be worn only on the occasion of liturgical ceremonies where it is expressly envisaged.

 

§ 6. Insignia of rank. Specific insignia correspond to each rank according to the binding directives of the General Regulations.

 

Article 39

 

Disciplinary Measures

 

§ 1. Disciplinary measures. In the case of the violation of the obligations and duties that derive from membership of the Order, the sanctions are as follows:

 

a)  Admonition. This is usually issued by the Lieutenant in the form of a written communication.

 

b)  Suspension. This is usually issued by the Cardinal Grand Master and, in cases of especial gravity and urgency, by the Lieutenant involved.

 

c)  Expulsion. The Cardinal Grand Master has the faculty to revoke membership of the Order for serious and well-founded reasons, according to the rules of canon law, the Constitution and the General Regulations. This faculty is normally exercised in response to a proposal made by a Lieutenant and in exceptional cases in response to a proposal made by the Presidency of the Grand Magisterium, always after carrying out in-depth inquiries and engaging in the necessary consultations with the Presidency of the Grand Magisterium.

 

Amongst the causes for expulsion there can be violation of the obligations of members cited in article 36, paragraphs 1, 4, 5 and 6. The member subject to inquiry must be immediately informed and placed in a condition to present their own defence by the date assigned to them, which must be congruous.

 

§ 2. Confidentiality. The Cardinal Grand Master, or any Dignitary acting in his place, is not obliged to communicate to anyone else who is not the interested party the reasons why the disciplinary action has been initiated in relation to them.

 

GENERAL RULES

 

Article 40

 

Terms of Office and Unpaid Service

 

§ 1. Terms of office. All members appointed to an office in the Order remain in office for four years and can be reappointed only once, unless envisaged differently by the Constitution and the General Regulations of the Order or, in specific cases, when stipulated differently by the Cardinal Grand Master.

 

Where the office of Lieutenant, Magistral Delegate, Regent of the Lieutenancy or Magistral Delegation, Section Head or Local Delegate becomes for any reason vacant, the members of the respective Councils remain in office, with their offices ending automatically when the successor enters office. This last, however, can reappoint them to their offices.  

 

§ 2. Resignations from offices. Every member appointed in the Order can resign at any moment through a communication in written form to the authority that has conferred the office.

 

§ 3. Revocation from an office. With the exception of more specific provisions connected to the special nature of individual offices, the reasons that can determine the revocation from an office are the same as those envisaged in the above Article 39.

 

§ 4. The unpaid character of service. All members of the Order perform their service without payment. However, the refunding of all legitimate and documented expenses met in the performance of their duties can be requested.

 

Consultants who are not members of the Order and auditors can receive a fair fee for their services, in addition to the refunding of legitimate and documented expenses for the performance of their tasks.

 

§ 5. Limits of age. No member of the Order can hold actual offices when over the age of 75 years, although it remains the case that the Grand Master can grant individual derogations when special circumstances require this.

 

Article 41

 

Distinctions

 

§ 1. Precedence. The order of precedence for the ceremonies and processions of the Order is established according to the General Regulations of the Order.

 

§ 2. Recognitions. Distinctions of the Order can be conferred on particularly meritorious members of the Order, or on other equally meritorious individuals, according to what is envisaged by the General Regulations of the Order.

 

§ 3. Dignitaries of Honour. The Cardinal Grand Master, after consulting the Presidency of the Grand Magisterium, can confirm, at the end of their respective mandates, the title of Honour of the office previously held on members of the Grand Magisterium, Lieutenants and Grand Priors of a Lieutenancy who have made themselves particularly meritorious of it.

 

Article 42

 

Emblems

 

The Order has its own badges, banners, seal, coat of arms and heraldic privileges. The rules for their respective use are contained in the General Regulations of the Order.

 

Article 43

 

General Regulations

 

§ 1. General provisions. The Cardinal Grand Master, after consulting the Grand Magisterium, can promulgate general provisions supplementary to the Constitution of the Order and in strick keeping with its founding principles.

 

 § 2. Local provisions. The Lieutenants, after consulting the Presidency of the Grand Magisterium, can draw up specific provisions (applicable exclusively within the boundaries of their Lieutenancies) supplementary to the Constitution and the General Regulations of the Order. They must be in line with the rules of canon law, the Constitution and the General Regulations of the Order and must be previously approved in written form by the Presidency of the Grand Magisterium.

 

Article 44

 

Final Provisions

 

The text of the Constitution in Italian is the only authentic and official version. In the case of differences between the version in Italian and translations into other languages, the version in Italian prevails and is the only one to which reference must be made.

Print Print | Sitemap
© Scottish Lieutenancy of the Equestrian Order of the Holy Sepulchre of Jerusalem. A charity registered in Scotland Reg No SCO 22356