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Ordination

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ordinatio

349

The vicar of the province remains in office until the newly elected or postulated prior provincial is present where the chapter is located, and who from that moment shall discharge the office of vicar of the province and preside over the chapter.

Ordination
In fieri:
No
Became in force:
First Promulgated:

348

  1. When a prior provincial ceases to hold office in accordance with n. 344, § I, the vicar of the province, as laid down in the statute of the province, will be: either the prior provincial himself ceasing from office or some brother who is or was a conventual prior in the province. or the prior convent where the next provincial chapter is to be celebrated or, if that convent does not have a prior at that time, the prior convent where the last chapter was celebrated, and so on, going back; – or the prior provincial himself ceasing from office.
  2. When a prior provincial leaves office for any other reason, the vicar of the province will be the socius of that prior provincial up to the day immediately before the vigil of the provincial chapter, from which day the vicar will be the conventual prior where the next provincial chapter is to be held, or if that convent does not have a prior at that time, the prior of the convent where the last chapter was held and so on, retrospectively. The latter ruling should be observed even if there is no socius.
  3. When a prior provincial is prevented from exercising jurisdiction, the Master of the Order must be approached. If this is not possible, the socius of the prior provincial becomes the vicar of the province, as set out above in § II.
  4. A prior provincial who, without hope of recovery within six months, is prevented by illness from properly fulfilling his duties, shall resign from office.
  5. If he is unable or unwilling to resign, the socius of the prior provincial must summon the provincial council and preside over it even without the prior provincial. This council has power to approach the Master of the Order who shall either convoke an extraordinary elective chapter (see n. 351, § II) or appoint the vicar of the province as the vicar of the Master of the Order.
Ordination
In fieri:
No
Superseded:
Became in force:
First Promulgated:

375

  1. Two years after a prior provincial has been confirmed in office, he must summon to the next provincial council, in addition to its members, regional priors, vicars provincial, and conventual priors, unless the provincial chapter has determined otherwise regarding regional priors, vicars provincial, and priors in remote regions.
  2. At this council meeting, all topics are to be dealt with that seem to be useful for the good of the province; first of all, there shall be a review of whether the ordinations and exhortations of the last provincial chapter and general chapter have been put into practice.
Ordination
In fieri:
No
Superseded:
Became in force:
First Promulgated:

373

Among other things, the following must be dealt with in the provincial council:

  1. the appointment or removal of a regional prior vicar provincial and of a conventual prior;
  2. the presentation or removal of a pastor;
  3. the erection of a house as a convent, in accordance with n. 262;
  4. the cassation of a decision of a conventual chapter or council, councillors assigned to that convent being excluded from taking part in the cassation;
  5. the transfiliation of a brother;
  6. temporarily excluding a brother from active voting rights for a grave reason;
  7. a declaration of the fact for the dismissal of a brother in accordance with common law (CCL 694, § 2). 
Ordination
In fieri:
No
Became in force:
First Promulgated:

352

The vocals of the provincial chapter are:

  1.  
    1. regional priors;
    2. vicars provincial elected in accordance with n. 389;
    3. conventual priors; if the prior cannot attend on account of sickness or another grave reason accepted by the prior pro­vincial, the subprior may take his place.
    4. socii of priors going to the chapter, in accordance with n. 490;
    5. delegates of the brothers, in accordance with nn. 497-501;
    6. a delegate of a non-prioral house with at least four brothers with active voting rights in the territory of any na­tion where there is no other house not another convent or another house of the same province.
    7. a prior provincial who immediately before the chapter completed his term of office in that province.
  2. If the vocals of the provincial chapter, elected in ac­cordance with the constitutions, are fewer than twenty, the statute of the province may make provision for extra voters. It is obliged to do this if there are fewer than ten vocals. These, of whom there may not be more than three, are to be constituted such by election and not by personal entitlement.
Ordination
In fieri:
No
Superseded:
Became in force:
First Promulgated:

348

  1. When a prior provincial ceases to hold office in accordance with n. 344, § I, the vicar of the province, as laid down in the statute of the province, will be: either the prior of the convent where the next provincial chapter is to be held or, if that convent does not have a prior at that time, the prior of the convent where the last chapter was held and so on, retrospectively, or the prior who is senior by profession in the province; or the prior provincial himself who has left office.
  2. When a prior provincial leaves office for any other reason, the vicar of the province will be the socius of that prior provincial up to the day immediately before the vigil of the provincial chapter, from which day the vicar will be the conventual prior where the next provincial chapter is to be held, or if that convent does not have a prior at that time, the prior of the convent where the last chapter was held and so on, retrospectively. The latter ruling should be observed even if there is no socius.
  3. When a prior provincial is prevented from exercising jurisdiction, the Master of the Order must be approached. If this is not possible, the socius of the prior provincial becomes the vicar of the province, as set out above in § II.
  4. A prior provincial who, without hope of recovery within six months, is prevented by illness from properly fulfilling his duties, shall resign from office.
  5. If he is unable or unwilling to resign, the socius of the prior provincial must summon the provincial council and preside over it even without the prior provincial. This council has power to approach the Master of the Order who shall either convoke an extraordinary elective chapter (see n. 351, § II) or appoint the vicar of the province as the vicar of the Master of the Order.
Ordination
In fieri:
No
Became in force:
First Promulgated:

341

The prior provincial:

  1. at the end of a visitation, shall convey to the brothers his observations and ordinations in writing;
    2. After visitation he shall report to the Master of the Order, both on the brothers, whether "they are persevering in peace, assiduous in study, fervent in preaching," and faithful in regular observance, and on the relationships between the province and the convents and the ecclesiastical authorities.
  2. 3. during the three months before leaving office, shall send a report on the state of the province to the Master of the Order, ensuring that it reaches him before the new election. In this he shall report both on the brothers, whether ‘they are persevering in peace, assiduous in study, fervent in preaching and faithful in regular observance,’1 and on the relationships between the province and convents and the ecclesiastical authorities.
Ordination
In fieri:
No
Became in force:
First Promulgated:

328

  1. Any brother with active voting rights may be appointed syndic of the convent provided he is truly quali­fied for this office.
  2. He is appointed by the prior with the consent of his council and with the approval of the Prior Provincial.
  3. II. He is appointed for a three-year term and can be appointed immediately for another three years but not for a third time except in case of necessity with the consent of the prior provincial.
Ordination
In fieri:
No
Became in force:
First Promulgated:

319

The council shall meet at least once a month and shall conduct its business according to the rules laid down above for the conventual chapter, nn. 312 and 313.

Ordination
In fieri:
No
Superseded:
Became in force:
First Promulgated:

313

  1. In reaching decisions a simple majority of votes is sufficient, not counting abstentions.
  2. If the votes are tied, the chairman can postpone the decision for a short time before he settles the matter without prejudice to CCL 127, § I.
  3. Ordinarily matters shall be decided by secret vote.
Ordination
In fieri:
No
Superseded:
Became in force:
First Promulgated: