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Constitution

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constitutio

283

  1. A general chapter has the power to declare that a specific law of ours does not bind because of special circumstances of time and place or other factors indicated in the declaration itself. In the interval from one chapter to another the Master of the Order, after consulting his council, has the same power.
  2. If such a declaration is still shown to be opportune, it shall be renewed in each general chapter.
Constitution
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281

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.

Constitution
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279

  1. 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.

  2.   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.
  3. 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.
Constitution
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278

Each province is also governed:

  1. by the statute of the province;
  2. by the ordinations of a provincial chapter;
  3. by the ordinations of the prior provincial as well as ofothers who, for whatever reason, are in charge of a province.
Constitution
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277

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.

Constitution
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276

  1. 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.
  2. One most general chapter is equivalent to three general chapters.
Constitution
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275

  1. 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:
    1. the constitutions of the Order;
    2. ordinations found either in the Book of Constitutions and Ordinations, or in the acts of general chapters;
    3. the ordinations of the Master of the Order;
    4. legitimate customs.
  2. 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).
Constitution
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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. During the time of indirect assignment, the previous direct assignment remains inactive; when the time of indirect assignation has elapsed, the direct, or simple, assignation revives.
Constitution
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267

Every brother must be enrolled in a province. This enrolment, which happens when he begins his novitiate, is called affiliation.

Constitution
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