Barony of Tabria

From Wikipedia, the free encyclopedia

The Barony of Tabria is a title of Maltese nobility. It is a hereditary title, being passed on to his/her descendants in perpetuity. Each holder of the title has the right to nominate a successor; the default nominee is the first-born male descendant; in the absence of male issue it is the first born female descendant. Members of the clergy are precluded from succeeding by primogeniture.

Contents 1 Titled, De Jures and Heirs 2 History 3 1978 to present 4 References

[edit] Titled, De Jures and Heirs

• (Successor of the last title holder) Titled: Phillip Bugeja Viani, as the 11th Baron of Tabria.
• Heir: (his brother) Julian Bugeja Viani as the Baroncino di Tabria.
• (since there were no nominations, the letters patent clearly state that the title must go back to the senior head of the family). Titled: Salvino Testaferrata Moroni Viani as the 11th Baron of Tabria.
• (His elder son if not nominated) Heir: Christopher Testaferrata Moroni Viani as Baroncino di Tabria.
• (Other claimants)- descendants and claimant of the 7th Baroness of Tabria. Titled: Maria Corinne Ramsay as the 11th Baroness of Tabria.
• (Her heir if nominated) (Her only child). Heir: Marie Christine Pergola, Baronessina di Tabria.

[edit] History

The barony of Tabria (Ta’Brija) was granted to the Barba family in 1315, the Guerardo family in 1398, the Gatto family in 1407, del Carretto family in 1408, and Landolino de Noto in 1453.

As a fief it would have either died out, due to lack of family <> members and be re-granted or be sold as a fief.

The present holders of the Barony of Tabria are descended from Isidore Viani, who was granted the title in 1728 by the Grand Master Manuel de Vilhena with the remainder to his descendants in perpetuity. Each holder of the title has the right to nominate a successor, in default of nomination, to the first born male descendant and in the absence of male issue, to the first born female descendant.

The tower at Wied Znuber was probably built during this period by a member of the Viani family. This tower, in the area of Hal-Far, served as a place of refuge for this family since the Palazzo Viani, also know as Palazzo Hal-Far, was situated in the same district. The tower, the palace and the whole district of Hal-Far were subsequently inherited by Baron Isidore Viani.

The entail of the 1st Baron Viani was established in favour of the eldest son in the direct line. Failing this, it would pass to the eldest male descendant in the female line. This promogeniture could not be held by "priest, deacons, sub-deacons, nuns, monks, imbeciles and those incapable of contracting marriage." The holder was, however, obliged to retain the insignia and surname of the Viani family 'in addition to that of his own family name'. If this was ignored the holder was to forfeit the income for one year.

In 1728, the Baron of Tabria, Isidore Viani, had been ennobled by the Grand Master Vilhena for "service rendered." Less than six years later, the Baron was accused of embezzling the large sum of 60,000 scudi from the Universita of Valletta. He was tried, found guilty, and then imprisoned in the castle of St. Elmo. All his gold, silver, furniture and paintings were confiscated, and most of his property, excluding that which had entailed by his father, was subsequently auctioned. Viani's three houses in Valletta were sold for 4,100 scudi, of which Grand Master Vilhena paid half for the family casa in Strada Stretta. The Baron was subsequently sentenced to death, but was later reprieved by Grand Master Vilhena, who accepted to disentail the family primogeniture. Thus part of the money was refunded. The effect of this misappropriation fell heavily on the family. Many of their properties were sold by the Universita, others which had a high income, were retained and their rents deposited in the treasury. In 1775, these properties were again entailed, this time, by the Baron's son and daughters but "in order to repay the debt of their father" the income was still channelled into the Universita. The entail consisted of five groups of houses at Zurrieq, Cospicua, and Vittoriosa, the palace and territories of Hal-Far and the cow-stalls, pig-sties, pigeon houses, stables, coach-houses and gardens, the tower, hunting lodges, as well as all the citrus trees of Benhisa. In addition, there were 21 fields. The family residence at Paola, Palazzo Viani, which had been built in the eighteenth century was not entailed.

Isidore Viani (of Italian descent) was succeeded by his son Gio Batta, who left two daughters as heiresses. The eldest daughter died without children, and the younger married the 2nd Marquis "Cassar Desain."

Giovanni Battista Viani, Baron di Tabria, died without any male issue, or deciding which of his two daughters should inherit his title. Under the terms of the original patent, the eldest daughter Francesca, should have received the title. But her sister Anna, who married Marquis Mario Testaferrata, contested the claim on the pretext that her sister was not of sound mind. When the unfortunate Francesca had recovered from her illness, she was persuaded to renounce her title in favor of her nephew, Giuseppe, Anna's son. In 1784, Francesca's petition to this effect was approved by Grand Master de Rohan who invested Giuseppe Testaferrata Viani with the Barony di Tabria on 22 October of that same year.

The younger heiress’s eldest son Giuseppe Testaferrata-Viani succeeded to the Barony of Tabria as the 4th Baron. He was also the Capitano della Verga of Malta, and married the daughter of the 5th Baron of San Marciano, siring several children before dying in 1837.

The Marquis Mario Testaferrata had three sons, two of whom, Lorenzo and Filippo, did nothing to enhance the family name. Lorenzo, a cleric, fathered "several children" by Angela Attard, the daughter of the family coachman. Filippo, also a cleric, had "bastard sons" by one of the family maids, Vincenza Falanca. Eventually both brothers married the mothers of their children, nearly driving their father completely mad. Fortunately for these noble cadets, as Lorenzo and Filippo are described, the Marquis was feeble-minded and scarcely capable of managing his own affairs, and was on even worse terms with his eldest son, Giuseppe the Baron di Tabria. As a result of all the bad feelings towards the eldest son, Lorenzo was granted the prerogative of the family benefices and allowed by his father to buy the family palazzo in Valletta, with all its contents. On the other hand, Filipo was the heir to the Castelletti entail. These actions appear rather strange in view of the Marquis's former attitude towards his younger sons, and would appear to bear out the above statement on his mental state. This is even more astonishing since Mario, in his will, had excluded all bastards, even though they may have been legitimised at law. He appears, however, to have inadvertently left a loophole by withdrawing the exclusion in the case of those bastards legitimised by subsequent marriage, provided that the marriage was not contracted with an ignoble female.

His son succeeded as the 5th Baron, Gilberto also sometime Capitano della Verga. His successor was Giuseppe, who became the 6th Baron, who died without issue.

The next successor, by nomination, was Giuseppe sister's younger son Rosario Luigi Testaferrata-Moroni-Viani.

Rosario was a member of the council of Government of Malta, dying in 1935, succeeded by his daughter.

Maria Violet succeeded as the 7th Baroness, and married the Marquis John Scicluna (Papal creation) and sired several children. Maria Violet died in 1955, succeeding by her younger son by act of nomination.

[edit] 1978 to present

Patrick Scicluna succeeded as the 8th Baron, dying without issue in 1978. The Baron was unmarried and before his death failed to nominate a successor. The title therefore passed into abeyance. During this period of abeyance, the Committee of Privileges of the Maltese Nobility considered various claims to the title.

The Committee eventually decided in favour of the Baron’s elder brother, Joseph Scicluna (Marquis Scicluna) who succeeded to the title on 29 September 1983, calling the title out of abeyance.

On 14 January 1985, the 9th Baron renounced his title and by means of an act of nomination inter vivos, nominated a kinswoman, (the late) Lilianina Falzon Sant Manduca (married name, Bugeja) to succeed him.

The Committee of Privileges, having by now already ratified two acts of nomination inter vivos, despite lacking the legal power to do so, could hardly fail to ratify a third! Especially since the then President of the Committee (Francis Sant Cassia) had himself signed a similar act of nomination inter vivos a few weeks earlier in favor of his son!

The Committee on 25 July 1985 ratified the act of nomination inter vivos and (the late) Lilianina Bugeja succeeded as the 10th Baroness of Tabria.

Thus, yet again we have the "succession" to a Maltese title of nobility taking place by virtue of an act of nomination inter vivos without specific Sovereign approval, but merely the approval of a private committee devoid of any legal powers (see footnote below). Such an arrangement had been declared null and void by the 1878 Royal Commission report upon which the Committee of Privileges of the Maltese Nobility based its very existence.

The 9th Baron, Joseph Scicluna (Marquis Scicluna) died on the 6th June 1995. He is supposed to have confirmed the late Lilianina Bugeja as his successor in his last will and testament; if this information is correct then the late Lilianina Bugeja was undoubtedly the 10th Baroness of Tabria. If he did not nominate her to succeed him in his last will and testament, the succession to the Barony of Tabria would be thrown wide open. The earlier instrument of nomination, an act of nomination inter vivos, lacked the Sovereign’s specific consent and was consequently totally null and void.

However, forgetting for the moment the 9th Baron’s last will and testament, her succession could not legally have taken place until the Baron’s death. As seen above, even a straightforward succession normally takes about one year. Thus, the very earliest date upon on which the late Lilianina Bugeja could have succeeded was June 1996.

For a number of years, during the period 1985-1996, the late Lilianina Bugeja, served on the Committee of Privileges, passing judgement on matters of nobility, including the succession to titles, when she had no right to do so.

The marquis then nominated a distant cousin, his kinswoman, as his heir to the Barony and renounced the title in her favor in 1985. The renunciation and nomination was ratified by the Committee of Privileges on the 25th July, 1985.

Lilianina Falzon-Sant-Manduca succeeded as the 10th and present Baroness of Tabria and is a descendant of the 2nd Baron of Tabria, through the Marquisate Cassar-Desain. The Baroness married John Bugeja and had several children. The 10th Baroness was very active for a number of years on the Committee of Privileges until her sad and untimely death on 13 March 2000. Her son is presently the de jure 11th Baron and is pursuing through the courts of Malta on the decisions made regarding succession.

A claimant to a barony yesterday filed a constitutional case claiming that he was denied the right to a court hearing in violation of his fundamental human rights.

Philip Bugeja Viani filed his application against the Attorney General. He said that his late mother held the title of Baroness of Tabrija and that, after her demise in 2000, he had requested the Committee of Privileges of the Maltese Nobility to recognise him as Baron of Tabrija.

But the committee had informed Mr Bugeja Viani, in July last year that his request was to be denied and that Corinne Ramsay Scicluna was to be recognised as Baroness of Tabrija. Mr Bugeja Viani said that the Gieh Ir-Repubblika Act specifically provided that no public authority could recognise, in any manner, a title of nobility.

As a result, he was being deprived of his right to have recourse to the courts to contest the committee's decision.

The Gieh Ir-Repubblika Act specifically precluded the courts from deciding upon cases of recognition of titles of nobility.

This, said Mr Bugeja Viani, was in violation of his fundamental human right to have recourse to the courts.

It was also in violation of his right to an effective remedy.

Lawyer Tonio Azzopardi acted for Mr Bugeja Viani.

Reference: [1]

The Committee of Privileges had in late 2005 announced that Marie Corinne Ramsay, succeeded as the 10th Baroness of Tabria. Marie Corinne is the elder sister of the last Baron Scicluna.

[edit] References

• Said Vassallo, C.M.,Charles Said-Vassallo's Research site and Maltese Nobility web site.
• Montalto, J., "The Nobles of Malta-1530-1800", Midsea Books Ltd, Malta, 1980.
• Burkes Peerage, Baronetage and Knightage of the UK.- 1914 ed.
• Cassar Desain, Marchese L.A., " Genealogia della famiglia Testaferrata di Malta." Malta, 1880.
• Gauci,C.A.," The Genealogy and Heraldry of the Noble Families of Malta", Gulf Publishing Ltd, Malta, 1981.
• Gauci,C.A.," The Genealogy and Heraldry of the Noble Families of Malta, Volume Two", Publishers Enterprises Group (PEG) Ltd, 1992.
• Gauci,C.A and Mallet, P.,"The Palaeologos Family- A Genealogical Review" ,Publishers Enterprises Group (PEG) Ltd, 1985
• Gauci, C.A.," A Guide to the Maltese Nobility", Publishers Enterprise Group (PEG) Ltd, Malta, 1986.
• Giles Ash, S., "The Nobility of Malta", Publishers Enterprises Group (PEG) Ltd, 1988.