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455-ter

  1. If our laws provide for an election by letter (cf. n. 455-bis), it also permits an election through electronic instruments.
  2. It pertains to the prior provincial with the consent of his council to discern if the election should proceed by letters or through electronic instrument, and to choose the electronic instrument which is fitting and of good repute.
  3. An election through electronic instruments proceeds according to the following norms:
    1. the presider sends to all the vocals instructions for accessing the electronic instrument chosen;
    2. within the time established by the presider, each vocal should submit his ballot according to the received instructions;
    3. When the time determined for the balloting has expired, the presider certifies its ending in the presence of the Provincial Council or of the two counters approved by the Council;
    4. it proceeds in accord with n. 455-bis, § II, 5°, 6° and 7°.
  4. For the validity of an election through electronic instruments it is necessary that:
    1. no vocal be excluded from the election because of the instrument chosen;
    2. no brother having passive voice be excluded from the election of vocals because of the instrument chosen;
    3. it be made certain that only the vocals cast a ballot, and no vocals cast multiple ballots;
    4. the ballots of the individual vocals remain secret.
  5. It pertains to the provincial chapter to establish other norms for elections through electronic instruments.
Ordination
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

434

The postulator general for causes of beatification and canonization:

  1. discharges his office in accordance with the norms es­tablished by the Holy See and the statute approved by the Master of the Order;
  2. presents reports to each general chapter on the state of each cause.
Ordination
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

409

The following are assembled and have votes in a general chapter of priors provincial:

  1. the Master of the Order;
  2. ex-Masters of the Order;
  3. each prior provincial;
  4. each vice-provincial and vicar general;
  5. delegates of the vicariates chosen from regional priors and vicars provincial in accordance with n. 409-bis;
  6. one delegate from among the brothers assigned under the immediate jurisdiction of the Master of the Order if the total is less than one hundred, two if the total is one hundred or more, elected in accordance with n. 409-ter.
Constitution
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

408

The following are assembled and have votes in a general chapter of diffinitors:

  1. the Master of the Order;
  2. ex-Masters of the Order;
  3. diffinitors elected by each province;
  4. delegates elected by each vice-province and general vicariate;
  5. delegates of other vicariates, chosen in accordance with n. 409-bis, but excluding regional priors and vicars provincial;
  6. one delegate from among the brothers assigned to convents under the immediate jurisdiction of the Master of the Order if the total is less than one hundred, two if the total is one hundred or more, elected in accordance with n. 409-ter.
Constitution
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

388

The officials of a regional vicariate shall be appointed as laid down in the statute.

Ordination
In fieri:
No
Valere coepit:
Primo promulgata:

271

  1. A general chapter or the Master of the Order may freely assign brothers to any province or convent.
  2. A provincial chapter or a prior provincial may make assignations within their own province.
  3. A provincial chapter or a prior provincial may assign a brother from another province to theirs, with the consent of the provincial chapter or of the prior provincial of the province of affiliation, the Master of the Order having been informed.
  4. A brother who in accordance with § I or § III has been assigned to a province also needs to be assigned to a specific convent.
  5. Direct or indirect assignations by reason of study must be made in writing (see Appendix, n. 13).
Ordination
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

270

  1. Assignation is the appointment of a brother to a province or to a specific convent with all rights and obligations unless it is clearly stated otherwise.
  2. Assignation is either direct (simply made), or indirect by reason of office or of studies.
  3. Assignation outside one’s own province for the purpose of study does not entitle one to a vote in elections. The prior provincial of the province of assignation, with the previous consent of the prior provincial of the province of affiliation, determines other rights and obligations of the brother assigned by reason of study, without prejudice to n. 208.
  4. Assignation by reason of office applies only to superiors; that made by reason of study applies only to students outside their province.
  5. Every brother needs a direct assignation to a specific convent from the time of first profession, which assignation of itself has no time limit. An indirect assignation lasts only for as long as the office. As for the duration of an indirect assignation by reason of study, that is determined by the prior provincial of the province of assignation, with the consent of the prior provincial of the province of affiliation. When the time of indirect assignation has elapsed, the direct, or simple, assignation revives.
Constitution
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

258

  1. If any Province or Vice Province for a period of three years to the norm of n. 253 or n. 257 § I does not fulfill the conditions requisite, the General Chapter or Master of the Order consulting with his council may declare it hardly large enough to enjoy the rights of the Province or Vice Province, saving always the right to participate in a General Chapter already convoked. If, for a period of three years, a province does not have three convents or thirty-five voters assigned in that province and habitually living there, the Master of the Order, having consulted his council, shall declare that it no longer enjoys the right to take part in general chapters as a province and shall reduce it to a vice-province in accordance with n. 257, unless a general chapter has already been convoked.
  2. This declaration having been published, if the Province fulfills the requisite conditions by the norm of n. 257 § I, it would enjoy the rights and is bound to the obligations of a Vice Province. Otherwise the Master of the Order in and over this Province or Vice Province msy institute a vicar (cf. n. 400) for four years, who would have all the requisite conditions for a Prior Provincial, and rules this entity according to the norms established by the Master of the Order. This declaration having been published, if the Province fulfills the requisite conditions by the norm of n. 257 § I, it would enjoy the rights and is bound to the obligations of a Vice Province. Otherwise the Master of the Order in and over this Province or Vice Province msy institute a vicar (cf. n. 400) for four years, who would have all the requisite conditions for a Prior Provincial, and rules this entity according to the norms established by the Master of the Order.
  3. If afterwards the Province or Vice Province about which in § I fulfills the requisite conditions by the norm of n. 257 § I, the General Chapter or Master of the Order with the consent of his council may declare it to enjoy the rights of a Vice Province and to be bound to its obligations.
  4. III. In regions where, because of adverse circumstances, a provincial chapter cannot be held, the Master of the Order, with the consent of his council, may provide for its equitable representation at the general chapter.
Constitution
In fieri:
No
Valere coepit:
Primo promulgata:

256-bis

  1. For the union of two entities (provinces, vice-provinces or vicariates) the following are required:
    1. the vote of the council of each entity with respect to the mutual negotiations to be worked out about the union;
    2. consultation of the brethren and the chapters of all the convents and houses in the same entities, to be conducted in a way worked out in the individual entities;
    3. a special statute, approved by the Master of the Order, providing for a meeting for the chapter of each entity, enabling the entities to vote whether the union is to be proposed to the Master of the Order; and providing also for the first assembly ad instar capituli of the new entity;
    4. the decision of the Master of the Order with his council; the first superior of the new entity is appointed by the Master of the Order.
  2. The union of two entities and the union or fusion of several entities should be done in the way described in § I, making the appropriate changes.
  3. If a province is to be divided, the procedures to be followed shall be worked out by the provincial council and approved by the Master of the Order with his council. (B, n. 254)
Ordination
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

249

  1. Student priests living outside the studentate are to be introduced gradually to the priestly life and apostolate through appropriate conferences and activities. This is the responsibility of the prior or another father priest designated by the prior provincial.
  2. They are, however, always under the authority of the prior with due provision for the rights of the regent in matters of study.
Ordination
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:
  • 1

    Process of Canonization, MOPH XVI, p. 178, n. 3.

  • 2

    Humbert of Romans, Expositio Regulae, XVI: Opera de vita regulari, ed Berthier 1, p. 72.