Posted on 10/14/2022 6:19:24 PM PDT by ebb tide
The Pope’s reforms of the Order of Malta are illegal under UK law and has placed the organisation on a collision course with the Charity Commission, a senior British knight has said.
Richard Fitzalan-Howard, a recently-retired President of the British Association of the Sovereign Order or Malta (BASMOM) and a Bailiff Grand Cross, also broke his silence to tell members that the Order’s sovereignty has been “severely damaged” by papal reforms unveiled early last month.
In a letter to all members of the BASMOM, Mr Fitzalan-Howard said that “in good conscience” he could not allow the reforms to pass without comment.
He said the papal decree transferring control of BASMOM, a stand-alone English charity, from the trustees to the Grand Priory of England was “a clear breach of UK charity law” because it effectively amended the charitable constitution without either the consent of a majority of the trustees or the members of the charity.
“Neither Roman canon law nor Melitense law have any legal standing in this country,” he wrote. “Members must make their own decisions as to the legality of otherwise of the reforms imposed.”
He continued: “The funds of BASMOM have also been bequeathed to it for certain purposes as set out in the existing articles, and any attempt by the Grand Magistry to divert these funds, say, in the form of a levy, to a different purpose would be illegal and would be likely to attract the attention of the Charity Commission.
“It would of course only require one member of BASMOM (including those who are members of the Grand Priory) to initiate a complaint to the latter body.
“Whatever happens the trustees of BASMOM will have a duty to ensure that these funds are administered properly in accordance with the existing Articles lest they be at legal risk.”
He said the composition of the new council, rising to 18 members, was also at odds with Charity Commission guidance, which suggests such bodies have no more than 13 members.
“The new Council would be almost unmanageable in practical terms,” he said, adding that it would also be “less democratic”.
He continued: “The real tragedy for the Order has been the work of the Vatican’s canon lawyers who have ignored the ‘sui generis’ nature of the Order as a lay (not clerical) religious order and have shoehorned it into a religious institute constitution.
“This reduces the role of the Third Class and our Dames who have been responsible for the vast majority of the growth of the good works of the Order and its vibrant youth movement.
“These canon lawyers mistakenly seem to believe that BASMOM’s charitable funds should be the property of the Order in Rome and, ultimately, the Vatican.
“Without question, the sovereignty of the Order has been severely damaged. It remains to be seen whether many of the 112 countries who exchange ambassadors with the Order will do so with an entity which appears to be a vassal of the Vatican. The knock-on effect to the works will be considerable.”
He added: “I hope I am wrong to be so jaundiced in my views. The Order has survived worse crises in the past but this one seems so unnecessary.
“Nevertheless … many of the proposed changes to the governance of BASMOM and its finances can’t be implemented without the members’ consent and I hope you will give these matters your serious consideration. I am sure the President will be in touch, in due course, seeking your views and consent to changes and amendments.”
Francis took the first step to trying to seize control of the Order when he demanded the abdication of Fra Matthew Festing, the British-born former Grand Master who died in November last year, because of his attempt to force the resignation of Fra Albrecht von Boeselager, a German, as Grand Chancellor over the controversial discovery that condoms had been used as part of the Order’s humanitarian relief efforts in Africa.
The Pontiff unveiled his swingeing reforms six months after directly intervening to end an impasse in negotiations between his special delegate Cardinal Silvan Tomasi and the Order amid fears of the loss of 900 years of sovereign independence.
“After listening and dialoguing with various representatives of the Order, the time has come to complete the renewal process that has been initiated, in fidelity to the original charism,” Francis said in the decree last month.
The reforms seek to grant an expanded but controversial governing role to the Professed Knights (or Knights of Justice or Fras) – under the Pope’s authority, reducing the order to a “subject” of the Holy See.
The new designation would spell the loss of the Order’s sovereign status in international law and by the United Nations, resulting in a possible impact on relations with the many countries in which it carries out relief and charitable work. There may also be an impact upon the Order’s cash flow and finances.
Francis has revoked the titles of the Order of Malta’s four High Offices – Grand Commander, Grand Chancellor, Grand Hospitaller, and Receiver of the Common Treasure – and he has established a provisional government and convened an extraordinary general chapter for January 2023.
The Lieutenant Grand Master of the Order of Malta remains Fra’ John Dunlap, a Canadian-born New York lawyer, who was appointed by Pope Francis after the sudden death of his predecessor Fra’ Marco Luzzago.
Under the new constitution, knights who are not of noble birth, like Fra’ John, may attain highest office but the head of the order, who serves a five-year term, must be confirmed by the Pope.
The Order of Malta is the world’s oldest Christian charity. It employs some 45,000 staff, assisted by almost 100,000 volunteers. The order’s humanitarian projects budget is said to amount to $2.3 billion.
For Humble Jorge, money always triumphs over morality in his little frankenchurch.
Knights of Malta Ping
“Richard Fitzalan-Howard, a recently-retired President of the British Association ...”
A little inside baseball... Mr. Fitzalan-Howard is a member of England’s most illustrious Catholic family (the Dukes of Norfolk, St Philip Howerd et al., a family that’s pushed back against anti-Catholic tyranny for 450 years. Nice to see this gentleman carrying on tradition, even though, this time, the anti-Catholic tyranny is coming from the pope himself.
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