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Constitution

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257

  1.  
    1. The Master of the Order, with the consent of his council, may establish a vice-province. It ought to have, in the territory assigned to it, two convents properly so called and twenty-five voters; furthermore, it should be able to provide from its own resources so that it may have the conditions for the stability of the new province to be established.
    2. A vice-provincial presides as major superior over a vice-province; he is elected by the chapter of the vice-province. A vice-province has the obligations and rights of a province.
  2. In a territory where there is no province or vice-province, and where there are local needs or a well-founded hope of making a permanent foundation of the Order, the Master of the Order may, with the consent of his council, erect a general vicariate with specific territory. He must first have consulted the brothers due to be assigned to the vicariate and the council of the relevant province. The statues by which the general vicariate is governed shall be prepared by the vicariate and approved by the Master of the Order and his council.
    In this case, after the brothers of the vicariate have been consulted, a vicar general is appointed, in the first instance, by the Master of the Order for four years.
    Relations between this general vicariate and other vicariates which may exist in the same place shall be determined according to n. 395.
Constitution
Published on

246

Only those brothers may be promoted to orders who:

  1. are solemnly professed;
  2. have the necessary qualities;
  3. are presented by their own major superior;
  4. are approved by the conventual council whose responsibility it is to ensure that they have the requirements for ordination.
Constitution
Published on

617

  1. No brother shall take any part in the administration of goods belonging to people who are not members of the Order, whether they are physical or moral persons, apart from an exceptional case and then with the permission of the prior provincial.
  2. If an obligation to give an account is attached to this administration, then the prior provincial’s permission should be granted with greater reluctance and strictly for the time required.
Constitution
Published on

545

  1. If through its superiors, or its ordinary or delegated administrators, a convent, province or the Order incurs debts and obligations within the limits of their office, the moral person itself is responsible for them.
  2. Similarly, if a deputed administrator contracts debts and obligations, the moral person in whose name the transactions took place is responsible for them.
  3. If a brother contracts debts and obligations without a superior’s permission, he himself is responsible for them, not the Order, province or convent.
Constitution
Published on

497

  1. Without prejudice to n. 491, § II, and with the exception of those who in accordance with n. 352, § I and § III are already represented, the following elect a delegate to a provincial chapter, provided they enjoy active voice (see nn. 440 and 441):
    1. brothers directly assigned to houses of the province;
    2. unless the provincial statute stipulate otherwise, brothers directly assigned to houses or convents under the immediate jurisdiction of the Master of the Order, always excepting those who belong to the general council;
    3. brothers indirectly assigned outside the province, pro­vided they are not superiors;
    4. brothers assigned to convents for which an agreement has been reached in accordance with n. 391, 4 and 5, provided that they are not conventual priors.
  2. Given the requirements of n. 490, § I concerning the number of voters required for the election of the socius of a prior, other voters living outside the convent who for a grave reason cannot participate in the election of the socius in the convent of their assignation (see n. 491) shall be joined to a specified electoral college by the prior provincial with his council.
  3. Given the requirements of n. 443, § I, all the brothers who have active voice in the election of a delegate are also eligible from the same college to which they belong.
Constitution
Published on

497

  1. Without prejudice to n. 491, § II, and with the exception of those who in accordance with n. 352, § I and § III are already represented, the following elect a delegate to a provincial chapter, provided they enjoy active voice (see nn. 440 and 441):
    1. brothers directly assigned to houses of the province;
    2. unless the provincial statute stipulate otherwise, brothers directly assigned to houses or convents under the immediate jurisdiction of the Master of the Order, always excepting those who belong to the general council;
    3. brothers indirectly assigned outside the province, pro­vided they are not superiors;
    4. brothers assigned to convents for which an agreement has been reached in accordance with n. 391, 4 and 5, provided that they are not conventual priors.
  2. Given the requirements of n. 490, § I concerning the number of voters required for the election of the socius of a prior, other voters living outside the convent who for a grave reason cannot participate in the election of the socius in the convent of their assignation (see n. 491) shall be joined to a specified electoral college by the prior provincial with his council.
  3. Given the requirements of n. 443, § I, all the brothers who have active voice in the election of a delegate are also eligible from the same college to which they belong.
Constitution
Published on

467

  1. Having consulted brothers of sound judgement from outside the community, the prior provincial may confirm or cassate an election and accept or reject a postulation, if he judges that the good of the Order demands this, even if the election has been carried out according to law; he shall not, however, defer his decision any longer than is necessary.
  2. If it seems to the prior provincial that the legitimate postulation should be confirmed, he himself shall have recourse to the Master of the Order for a dispensation; having obtained it, he may confirm the one postulated in accordance with § I.
Constitution
Published on

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
Published on

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
Published on

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
Published on