The Distinction of the Laws of the Order
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constitutionRevision history
- Confirmed ACG 1968 River Forest n.
- Guided by the spirit of the Gospel and with its foundations in the Rule of St Augustine, our Order is ruled by all the laws of the Church and the decrees and privileges which apply to us (see Appendix n. 14), and also by the following:
- the constitutions of the Order;
- ordinations found either in the Book of Constitutions and Ordinations, or in the acts of general chapters;
- the ordinations of the Master of the Order;
- legitimate customs.
- Whenever the word ‘constitution’ is used in our legislation, it bears a strict meaning applicable only to constitutions properly so called; however, the words ‘our laws’ or ‘our legislation’ indicate both constitutions and ordinations (see Appendix n. 1).
276
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constitutionRevision history
- Confirmed ACG 1968 River Forest n.
- A particular statute is considered to be a constitution only when it has been accepted by three successive general chapters. The process for this is inchoation in the first chapter, approbation in the second, and confirmation in the third. This process must also be observed for the abrogation or substantial changing of constitutions.
- One most general chapter is equivalent to three general chapters.
277
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constitutionRevision history
- Confirmed ACG 1968 River Forest n.
Inchoations which are made in general chapters do not begin to have force until they have been approved and confirmed by two other chapters and have become constitutions, unless the inchoation was made by way of an ordination.
Inchoations with ordinations which are contrary to constitutions may not be made except rarely and for an urgent reason, which must always be stated expressly by a chapter.
278
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constitutionRevision history
- Confirmed ACG 1968 River Forest n.
Each province is also governed:
- by the statute of the province;
- by the ordinations of a provincial chapter;
- by the ordinations of the prior provincial as well as ofothers who, for whatever reason, are in charge of a province.
279
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constitutionRevision history
- Confirmed ACG 1968 River Forest n.
- The statute of a province is the collection of ordinations on the life and government of convents and of the province, especially concerning those matters which, according to our legislation, are to be determined by each province.
1. Only a provincial chapter is competent to make ordinations to be inserted in the statute of the province, and to change them or abrogate them;
2. the statute of a province or changes in it, just as all other ordinations of a provincial chapter, must be approved by the Master of the Order.- Changes to be inserted in the statute of the province which affect the manner of holding a provincial chapter begin to have force only with the following chapter.
280
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constitutionRevision history
- Confirmed ACG 1968 River Forest n.
Each convent is also ruled by the ordinations of its superior and of others who in various ways can take his place.
281
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constitutionRevision history
- Confirmed ACG 1968 River Forest n.
Our legislation and the ordinations of superiors do not bind the brethren under sin but to a penalty only, unless by reason of a formal precept or because of contempt.