Constitution

A precept is invalid:

1. if it is not given in writing or if the formulas required by n. 294 is omitted;
2. if the local superior imposes a precept on an entire community without the previous consent of the prior provincial or, in a case of urgent necessity, of the conventual council; or if the prior provincial imposes it on a whole province without the consent of his council.

A general and provincial chapter, and also superiors and others delegated by them, have power to give a formal precept.

A formal precept which binds under pain of grave fault:

1. shall not be imposed unless there is question of matter which our laws regard as serious either in itself or from the circumstances, this after prudent consideration and sufficient investigation, and only in a case of true necessity;
2. must always be given in writing, for a specified period and must state clearly what is to be done or what is to be omitted;
3. must be given in the requisite formula: ‘we command (or we forbid) in virtue of obedience.’

1. Only a general chapter or the Master of the Order is empowered to dispense from the laws of the Order, either the entire Order or, permanently, a province, or a convent, or brothers.
2. A prior provincial in his province and a conventual prior in his convent may dispense the brothers in matters which are not reserved to a higher superior.

If a doubt about a text of our laws occurs outside the time of a general chapter, a declarative interpretation by the Master of the Order must be observed.

To give an authentic interpretation of our laws pertains to a general chapter. However, when it concerns the interpretation of constitutions, this does not acquire the force of a constitution unless it has been approved by three successive general chapters.

1. The legitimate customs of the Order or of a province retain the force of law until they are revoked by a general or a provincial chapter.
2. Customs contrary to the constitutions and ordinations found in this book, are rejected.

The ordinations of a general chapter and of the Master of the Order retain their binding force until they have been revoked by a similar authority.

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.

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.