| THE BOOK OF CONSTITUTIONS AND ORDINATIONS OF THE ORDER OF PREACHERS (LCO) Ordinations are marked with an asterisk. ( * ) |
| SECOND SECTION ON GOVERNMENT ITSELF
| |
| 297. bis. | In transacting business, that factor has the force of law which, the majority
of those who must be convoked being present, is satisfactory to the
majority absolutely, that is, which exceeds half the number of votes cast
without counting invalid votes and abstentions, canon 127, paragraph I,
being observed.
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| 298. | A conventual prior has ordinary power according to the norm of law, both for the
internal forum and the external forum, for the brothers assigned to his convent or
residing there.
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| 299. | A prior, "not taking pleasure in ruling but in serving with charity"(1):
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| * 300. | A prior should:
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| 301. | I. Ordinarily a prior takes office by canonical election confirmed by a
superior. He continues in office not beyond three years, after which the
same office can be accepted again, but not immediately for a third term in
the same convent.
II. His term of office begins from the date of acceptance and is terminated on
the same date at the end of three years.
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| * 302. | I. If it should happen that a prior's three-year term of office is terminated
within the three months which precede the celebration of a provincial
chapter or the election of a prior provincial, the prior's authority is
extended until the completion of the chapter, or if a prior provincial is
elected outside a chapter, until the prior provincial has taken office.
II. Where, for a just cause, it may seem not to be expedient that the election of
a prior be celebrated within a month after a vacancy of the office, the prior
provincial, having consulted the chapter of the convent, can appoint the
out-going prior or the subprior in capite as his vicar for the government of
the convent for not longer than six months, unless within that six-month
period a provincial chapter is to be celebrated.
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| * 303. | If he judges it opportune, a prior can appoint as his vicar any priest assigned to his
convent who shall have whatever authority the prior shall have granted to him.
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| * 304. | In the absence of the prior, the subprior, and the vicar, the priest who is older in
the order of profession, having active voice and assigned to the convent, shall be
regarded as vicar.
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| * 305. | A prior who is prevented by illness from properly fulfilling his duties shall resign
from office if hope of recovering his health is not evident within six months.
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| * 306. | At the end of his term of office, a prior shall present a report on his administration
according to the procedure given in the statute of each province.
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| 307. | The conventual chapter is a gathering of the brethren under the chairmanship of
the prior to consider or to resolve those matters which pertain to the common and
apostolic life as well as to the good administration of the convent.
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| 308. | I. The brethren who enjoy active voice in the convent belong to the chapter.
II. When there is a question of acceptance for profession, all solemnly
professed brothers have a vote and must be convoked in accord with n.
208.
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| * 309. | I. There shall be a secretary for the chapter elected by the chapter in a single
scrutiny.
II. At the prior's discretion and with the consent of the chapter, the professed
brethren who are non-vocals can occasionally be summoned and heard
without, however, having a vote.
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| 310. | It is the business of the chapter:
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| * 311. | I. It is also the business of the chapter:
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| * 312. | I. The right of convening the chapter, which must be held several times a
year, pertains to the chairman alone.
II. The convening of the chapter must always be done publicly and in writing. III. Before the chapter, capitulars can propose matters to be discussed to the chairman; if one-third of the chapter proposes some business, the chairman is obliged to present it for discussion. During the chapter, no business shall be proposed unless the chairman shall have given consent for it or shall have called for it. IV. Lest anything to be decided in chapter should be proposed abruptly, the entire agenda shall be made known to the vocals at least a day or two before the chapter is assembled provided there is no danger in delay. V. When there is a question of admission to profession, at least half must be present of those who have voice and reside habitually in the convent. VI. The chairman can determine what must be kept secret.
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| * 313. | I. In reaching decisions a simple majority of votes, not counting abstentions,
is sufficient, canon 127, paragraph I, being observed.
II. If the votes are tied, the chairman can postpone the decision for a short time before he settles the matter. III. Ordinarily matters shall be decided by secret votes. |
| 314. | The conventual council, under the chairmanship of the prior, is a gathering of the
brethren whose consent or advice he is obliged to seek according to our laws.
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| 315. | The members of the council are:
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| * 315. bis. | In convents where there are eight or fewer vocals, upon a petition of the
conventual chapter, the prior provincial can grant that the council of this
convent not be distinct from the chapter. (A-240)
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| * 316. | The secretary of the council is elected by the council itself in a single scrutiny; if he is not one of its members, he has no vote. He shall record in a book reserved for
this purpose the matters discussed and the resolutions of the council.
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| * 317. | I. Except in cases expressly stated in the law, the votes of the council are decisive and not merely consultative.
II. In more urgent cases when more members cannot be present, it is necessary that at least two councillors besides the chairman be present. (O-240; MC-278) III. The syndic shall always be summoned to participate in council deliberations without, however, having a vote unless he is already a member of the council. IV. Other officials of the convent shall be summoned to the council to be heard
when the business to be dealt with pertains to their office.
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| 318. | It is the business of the council:
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| * 319. | The council shall meet at least once a month and shall conduct its business
according to the rules given above for the conventual chapter, nn. 312 and 313.
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| 320. | The subprior takes the place of the prior and provides him assistance in the
administration of the convent.
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| 321. | The subprior shall have the qualifications required in n.443, I and II.
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| * 322. | I. A subprior is to be appointed by the prior within three months after he
accepts the office of prior, according to the norm of number 310 , # 2.If he
is not appointed within this period, the right of appointing him reverts to
the prior provincial. He can be reappointed to a second term immediately
but not to a third term without the consent of the prior provincial.
II. The subprior remains in office until the newly elected prior appoints a subprior according to the norm of paragraph I. III. If the subprior ceases to hold office for some other reason the prior must
appoint a new subprior within a month; otherwise the right of appointing
him reverts to the prior provincial. (I, II, III: MC-279; C-175)
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| * 323. | Ordination abrogated. (O-242; MC-280)
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| * 324. | In the absence of the prior, the subprior can preside over the conventual chapter
and council and can also appoint a vicar for a short time.
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| 325. | When a prior leaves office, the subprior is designated in capite, and from then
until a new prior is present in the convent, the subprior by virtue of his office has
the same authority and jurisdiction as a prior.
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| * 326. | A subprior in capite cannot make notable changes in the convent and is obliged to
present a report on his administration to the new prior in the presence of the
council.
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| 326. bis. | I. A conventual lector is elected for three years by the conventual
chapter and is confirmed by the prior provincial.
II. It is the duty of a conventual lector, according to the determinations of a provincial chapter: |
| 327. | The syndic of the convent, under the direction of the prior, is the administrator of
temporal goods; he exercises his office according to the norms established for
administration.
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| * 328. | I. Any brother enjoying active voice can be appointed syndic of the convent
provided he is truly qualified for this office.
II. He is appointed for a three-year period and can be appointed immediately
for another three years but not for a third time except with the consent of
the prior provincial.
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| * 329. | I. When the office of syndic is vacant, the prior is obliged to see to the
appointment of a new syndic within a month, observing n.318,1.
II. A conventual prior is forbidden to fulfill the office of syndic himself.
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| * 330. | A prior with the consent of the conventual council appoints the sacristan and
the librarian. For the apppointment of other officials he may deem useful he
does not need the consent of the council. (O-244; MC-282)
A provincial chapter shall determine the conditions, length of service, duties, and other opportune matters for each official.
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| 331. | A superior in his house has ordinary power according to the norm of law just as a
prior in his convent and is bound by the same obligations, the necessary
modifications having been observed.
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| 332. | I. A superior of a house is appointed for three years by the prior provincial,
having consulted the brethren of the house, or by the regional prior if this
concerns a brother assigned in a regional vicariate and unless the statutes
of the vicariate provide otherwise. He can be appointed in the same
manner for another three years immediately following, but not for a third
time.
II. The three-year period having elapsed, the prior provincial or regional prior
is obliged to appoint a superior within a month. However, a superior of a
house shall remain in office until his successor is present in the house,
unless the prior provincial shall have determined otherwise.
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| * 333. | The council of a house shall not be distinct from the chapter. The superior,
however, shall decide nothing without consulting the vocals or obtaining their
consent in those matters for which a conventual prior needs advice or consent.
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| * 334. | In case of necessity, according to the judgment of the prior provincial, the superior
himself can discharge the office of syndic.
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| * 335. | I. 1. A filial house dependent on a convent can be established by a
provincial chapter;
III. The brethren living in a filial house, although assigned to the convent, shall
not be counted to make up the total number of brethren required for a
convent properly so called.
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| * 336. | The provincial chapter shall determine norms for the brethren living outside a
convent or house, especially concerning their rights and obligations toward the
convent of their assignment.
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| * 337. | What has been established above for convents and houses holds good also for
convents and houses which are immediately subject to the Master of the Order,
unless in a particular case the Master of the Order himself shall have determined
otherwise.
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| 338. | I. The prior provincial is a major superior and the proper ordinary of the
brethren.
II. In his province he has power corresponding to that which the Master of the
Order has in the whole Order, and with greater authority, to the power a
conventual prior has in his own convent.
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| 339. | The duties of the prior provincial include:
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| * 340. | The prior provincial is obliged to visitate his whole province twice in four years by
himself if he can or by someone else. He shall, however, visitate the convents of
the novitiate and the studentate each year.
|
| * 341. | The prior provincial:
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| * 342. | The prior provincial shall have a register in which he shall record his activities.
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| 343. | Ordinarily, a prior provincial takes office by canonical election confirmed by a
superior, and he continues in that office for four years. He can be elected to
another four years but not immediately for a third time unless the required interval
of time has been dispensed.
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| * 344. | I. The four-year term is computed from one provincial chapter to another,
disregarding the few days, weeks, or months which occasionally fall short
of or exceed the completion of the four-year period, and it is terminated on
the day immediately before the vigil of the beginning of the provincial
chapter.
II. If it should happen that a prior provincial's four-year term ends when the
Order has no Master or within four months before a general chapter (see n.
354, I), in either case it is understood that his term is extended until the
following provincial chapter which will be celebrated after the completion
of the general chapter.(A-247; O-246)
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| 345. | I. A prior provincial can at will appoint any priest as his vicar whether over
the whole province or over any part of it.
II. 1. A vicar provincial appointed in this way has whatever authority the prior provincial shall have granted excepting always the appointment or removal of superiors;
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| * 346. | When he leaves his province or, in any case, the country, the prior provincial
should appoint a vicar.
If no vicar shall have been designated, the socius of the prior provincial becomes the vicar ipso facto unless the provincial chapter shall have determined otherwise.
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| 347. | The vicar of the province has the same authority as the prior provincial.
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| * 348. | I. When a prior provincial leaves office in accord with n.344,I, the vicar of
the province, according to the determination made in the statute of the
province will be: either the prior of the convent where the next provincial
chapter is to be celebrated or, if that convent does not have a prior at that
time, the prior of the convent where the last chapter was celebrated and so
on back -- or the prior provincial himself who has left office.
II. When the prior provincial leaves office for any other reason, the vicar of the province will be the socius of that 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 celebrated or if that convent does not have a prior at that time, the prior of the convent where the last chapter was celebrated and so on back. If there is no socius, the procedure of paragraph I should be followed. (QC-240; W-248) III. When a prior provincial is prevented from exercising jurisdiction, recourse must be made to the Master of the Order. If recourse is not possible, the socius of the prior provincial becomes the vicar of the province, as given above in paragraph II. IV. A prior provincial who is prevented by illness from properly fulfilling his duties without hope of recovering health within six months, shall resign from office. V. If he cannot express his desire to resign or does not wish to do so, the
socius of the prior provincial must summon the provincial council and
preside over it even without the prior provincial. This council can have
recourse to the Master of the Order who shall 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.
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| * 349. | The vicar of the province remains in office until the newly elected or postulated
prior provincial is present in the place where the chapter is being held who, from
that moment, shall discharge the office of vicar of the province and preside over
the chapter.
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| * 350. | Anyone who shall have discharged the office of vicar of the province on the death
or removal of the prior provincial must give a report on his administration to the
provincial chapter.
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| 351. | I. A provincial chapter, over which the vicar of the province or the prior
provincial presides, is a gathering of the brethren who meet to discuss and
to decide those things which pertain to the fraternal and apostolic life and
to the good administration of a province as well as to hold elections for a
province.
II. Besides the ordinary chapter mentioned in the preceding paragraph, an
extraordinary chapter solely for carrying out the election of a prior
provincial can be held.
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| * 352. | The vocals of a provincial chapter are:
I. 1. regional priors;
III. If it shall have been determined in the statute of the province, a non-prioral
house can send one delegate to a provincial chapter, in a manner
equivalent to a convent, when the house is established in a foreign
nation where no presence of the same province exists. (T-87; MA-139;addition in italics by A-248; material in bold abrogated by B-263 )
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| 353. | A chapter shall be celebrated regularly every four years or when a prior provincial
is to be elected and, indeed, at a time determined by provincial custom.
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| * 354. | I. If, however, it should happen that the chapter is to be held within six
months before a general chapter, counting from the first day of the
month determined in the acts for its celebration, the provincial chapter shall
be postponed until after the promulgation of the acts of the general chapter
to a date which the Master of the Order shall have designated after
consulting the prior provincial.
II. The celebration of a provincial chapter shall not be omitted even if a prior provincial has already been appointed. III. If it should happen that a prior provincial ceases to hold office before the
end of the four-year term, when a general chapter has already been
convoked but three months before its celebration, the Master of the Order,
upon the petition of the council of the province, can allow the celebration
of an extraordinary provincial chapter for electing a prior provincial (see
nn. 503,II, and 351,II). (MA-94; abrogated by Avila, A-249)
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| * 355. | The chapter, which the vocals shall not fail to attend, shall be convoked by the
prior provincial or by the vicar of the province at least three months before it is to
be celebrated.
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| * 356. | When the letter of convocation has been received:
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| * 357. | It shall be determined in the statute of the province:
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| * 358. | A provincial chapter shall be celebrated in the following manner:
I. on the day before, or on the very day designated for the beginning of the chapter:
III. 1. Together with the reports presented by various superiors as determined in the statute of the province, among the matters to be considered by the commissions, there should be questions on apostolic activity, the state of personnel, the disciplinary and economic aspects of the province;
V. It also pertains to the diffinitorium:
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| * 359. | In a provincial chapter all matters shall be decided ordinarily by secret vote. If
sometimes the votes are tied, the chairman (praeses) shall break the tie with his
vote.
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| 360. | Full ordinary power according to the norm of law belongs to the chairman
(praeses) and the diffinitors over the whole province, convents, and brothers, until
the end of the chapter, n.361, II, being observed.
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| * 361. | I. The chapter shall be terminated within a month. However, with the
consent of the Master of the Order, it can, in a special case, be extended
for fifteen days.
II. For a reasonable cause, approved by the Master of the Order, the chapter
can be interrupted, but not beyond fifteen days. During the interruption, the
authority mentioned in n.360 belongs to the prior provincial.
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| * 362. | I. The processus verbalis (official report) of each session shall be prepared by the actuary which, having been approved by the chapter and signed by the
chairman (praeses) and the actuary himself, shall be placed in the archives
of the province.
II. The place and date of the next provincial chapter shall be assigned in the acts. III. The names of the deceased brethren, to which a brief synopsis of their life is added, shall be placed in the acts. IV. The acts shall be written in Latin or a modern language accepted by the general council and five copies, certified by the signatures of the chairman (praeses), the diffinitors, and the actuary, and by the seal of the province, shall be sent to the Master of the Order as quickly as possible so they can be examined and approved. If the acts are not written in one of the languages accepted by the general council, a translation shall be made into Latin or into one of those languages and five copies of the translation shall be sent to the Master of the Order with the addition of two copies in the original language. After corrections have been made, the Master shall send a letter of
approval along with the text to the province. One copy of the acts shall be
sent to the archives of the Order and another for publication in abbreviated
form in the Analecta of the Order.
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| * 363. | I. The acts may not be published before the approval of the Master of the
Order. After approval, however, they shall be printed either in Latin or the
vernacular, promulgated by the prior provincial, and sent to the convents of
the province. Moreover, they shall be read publicly in each convent
according to the determination of the chapter itself.
II. The authority of the acts begins from their promulgation and is
terminated with the promulgation of the acts of the following chapter.
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| * 364. | A prior provincial cannot change or rescind the acts of a chapter, nor can such
authority be delegated to him by the diffinitors; he can, however, interpret the acts
of a chapter and in a particular case dispense from them.
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| 365. | In each province there shall be a provincial council whose consent or advice the
prior provincial must seek according to our laws and common law.
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| 366. | Provided they are assigned to the province or are sons of the province assigned to
convents under the immediate jurisdiction of the Master of the Order yet not
belonging to the general council, the following belong to the provincial council:
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| * 367. | The secretary of the council, elected by the council in a single scrutiny, does not
have a vote if he is not one of its members and is bound to secrecy just as the other
members. He shall record in a book reserved for this purpose the matters discussed
and the resolutions of the council.
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| * 368. | I. Councillors cannot be removed or cannot resign their office, except with
the consent of the Master of the Order. If it should happen that a
councillor leaves office outside a provincial chapter, a new councillor
designated by the provincial chapter shall be substituted for him with the
approval of the Master of the Order.
II. All must be summoned to the council and be present at its deliberations
unless they are dispensed by the prior provincial for a just cause.
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| * 369. | I. In more urgent cases when more are not able to be present, it is necessary
that besides the chairman at least two councillors must be present. (O-248;
MC-288)
II. When there is concern about matters pertaining to the studium, the
professors, and the students, or even about an apostolic school, the regent
and the moderator of institutional studies shall always be present. (A-251; O-248)
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| * 370. | I. The syndic of the province shall always be summoned to participate in the
deliberations of the council without, however, having a vote unless he is
already a member of the council.
II. When there is concern about matters pertaining to their office, the master of novices or students, and of cooperator brothers, the directors of schools and of colleges, and other province officials shall always be present that they may be heard. III. When something of particular importance concerning his community is
discussed, the superior should also be present.
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| * 371. | Lest anything that is to be decided should be proposed abruptly, the councillors
should be informed of the agenda in due time unless a particular decision is urgent.
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| 372. | I. The duty of the provincial council is to assist the prior provincial in
properly fulfilling his office especially in those things which have been
established by the provincial chapter and which in the course of time appear
to be useful or necessary for promoting the apostolate and regular life.
II. In the provincial council important business shall be decided by a decisive vote, unless it has been determined otherwise in our laws. III. If sometimes the votes are tied, the chairman (praeses) shall break the tie
with his vote, canon 127, paragraph I, being observed.
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| * 373. | Among other things, the following must be dealt with in the provincial council:
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| * 374. | Those things which by our law pertain to the competency of the diffinitorium of a
provincial chapter can be treated and settled by the prior provincial with his
council if necessity arises outside the chapter, except for nn. 279, II, and 358, IV.
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| * 375. | I. To the first provincial council that will be held following the completion of
the two-year period after the confirmation of the prior provincial, the prior
provincial is obliged to summon, besides the members of the council,
regional priors, vicars provincial, and conventual priors, unless it shall have
been determined otherwise by the provincial chapter for regional priors,
vicars provincial, and priors in remote regions.
II. In this council meeting, all those things are to be treated that shall seem useful for the good of the province; especially whether the ordinations and exhortations of the last provincial chapter have been put into practice shall be examined. |
| 376. | I. In each province there shall be a socius of the prior provincial who shall
assist him in the government of the province.
II. The socius shall be a priest who has completed at least thirty years of age. III. He shall be appointed by the prior provincial with the consent of the
diffinitorium of the provincial chapter.
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| * 377. | Ordinarily the socius should not be a local superior or a pastor.
|
| 378. | In each province there shall be a syndic (bursar, economic administrator,
procurator, steward, treasurer) who shall have charge of the goods of the province
in accord with the norms established for administration.
|
| * 379. | Neither the prior provincial nor a local superior may discharge the office of
provincial syndic.
|
| * 380. | It pertains to a provincial chapter to appoint various officials according to the
needs of each province and to determine their duties.
|
| * 381. | An archivist, appointed by a provincial chapter, has charge of the archives of the
province in which are stored:
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| * 382. | The prior provincial shall have a secret archive in which are kept secret documents,
the importance of which he is bound to convey to his successor. These documents
shall be burned after the death of the brothers mentioned in them provided this can
be done without prejudice to those who are still alive.
|
| * 383. | Documents pertaining to the actual government and administration of a province
shall be kept either in the secretariate of the province or with the officials
concerned. (See Appendix n. 14.)
|
| 384. | I. When a province has outside its own territory in some nation or region at
least fifteen vocals and one convent properly so called, a provincial chapter
can unite them into a regional vicariate so that the apostolic activity and
regular life of the brethren can be better coordinated.
II. It pertains to a regional vicariate:
|
| * 385. | I. A regional prior is in charge of the vicariate and has, in addition to the
faculties granted by the provincial chapter, the right to:
|
| * 386. | I. In every vicariate there shall be a council whose consent or advice the
regional prior must seek on important transactions according to the norm
of vicariate statutes.
II. The number of these councillors and the manner of their election or appointment shall be determined by the vicariate statutes. III. When the Prior Provincial according to the norms in LCO or determined in
the Statutes of the province or vicariate needs to treat of matters which
concern the vicariate, he must first consult the vicariate council before
consulting the provincial council; in cases where he confirms, appoints, or
removes the regional prior, he consults only the provincial council. (O-250)
|
| * 387. | All the brethren, especially those living outside the convent, shall gather
periodically to discuss matters of the apostolic and regular life and, if the occasion
presents itself, to formulate specific proposals for a future provincial chapter.
|
| * 388. | The officials of a regional vicariate shall be appointed according to the norm of the statutes.
|
| * 389. | Where the conditions for a regional vicariate indicated in n.384 above are wanting,
a provincial chapter can establish a provincial vicariate and draw up a special
statute for it. If there are at least ten vocals, they have the right of electing a vicar
provincial; otherwise, having consulted the brethren, a vicar provincial shall be
appointed by the prior provincial.
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| * 390. | I. To exercise the apostolate of the Order more effectively in the service of
the Church, it is necessary that provinces which are in the same region or
country, especially those which are in the territory of one episcopal
conference, be united not only by a bond of fraternal charity and that they
help one another occasionally by mutual support, but also that they
cooperate regularly in so far as possible according to special norms
accepted by those same provinces.
II. The same must be said about houses or convents under the immediate
jurisdiction of the Master of the Order so that the collaboration of all
entities of the Order in any one place may be attained effectively.
|
| * 391. | The following can be used to foster collaboration among the provinces of one
region or nation:
|
| * 392. | If it should happen that the provincial chapters of one region are held at the same
time, their diffinitoria can have a common meeting for several days to promulgate
common admonitions, declarations, or ordinations.
|
| * 393. | I. Where a province or vice-province has already been established and the
members of other provinces are sent there to exercise the apostolic
ministry, their work must be regulated in collaboration with the province or
vice-province of that territory so that, united in the same spirit and life,
they may cooperate effectively together especially for the coordination of
the apostolate in that territory, and so that, solicitous for the common
good, they may promote the development of the Order in that region.
II. To foster this cooperation, suitable norms shall be drawn up in writing
between the provinces of the place and the province which has brothers
exercising the ministry in those territories with the consent of the chapter
or council of each province and approved by the Master of the Order.
These norms shall be reviewed and evaluated every fourth year by those to
whom they pertain so that they retain a realistic relationship to the pastoral
needs of the local church.
|
| * 394. | The brethren belonging to different provinces who work in the same region where
no province has been established, should endeavor to exercise their apostolic
ministry with mutual collaboration and, if possible, under unified direction
according to norms established in common agreement by the provinces concerned
so that the work of evangelization might be exercised more fully and the
foundation of a new province might be gradually prepared. These norms shall be
reviewed and evaluated every fourth year by those to whom they pertain so that
they might be put into practice
|
| * 395. | I. Conferences of priors provincial and regional priors as well as vicars shall
be established according to nations or regions so that fraternal
collaboration is truly organized and has a permanent character. These
conferences shall be assembled regularly according to norms drawn up by
the participating members and approved by the Master of the Order.
II. To foster these mutual relationships, the assistants of the Master of the Order shall visit these regions frequently and remain there for some time. At an opportune time, they shall inform the Master of the Order and the general chapter about the activities and progress made there. |
| 396. | The Master of the Order, since he is the successor of St. Dominic and the principle
of the Order's unity, is the proper and immediate prelate of all the brethren,
convents, and provinces, in virtue of the profession of obedience made to him by
every member.
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| 397. | He obtains his office by canonical election and remains in it for nine years. The
time is computed from one elective chapter to the next elective chapter,
disregarding a few months -- not, however, exceeding six months -- which fall
short of or exceed the completion of nine years.
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| 398. | I. For a grave reason the Master of the Order can appoint and remove priors
provincial, conventual priors, and any other officials, as well as prioresses
of monasteries subject to the Order, and restrict their functions and
authority; he can also do in the Order whatever he and the diffinitors of a
general chapter can do according to our laws.
II. During his term of office, the Master of the Order is obliged to visitate the whole Order, either by himself, by his assistants or by others, at least twice. III. The Master of the Order cannot surrender the rights of his office to the
prejudice of his successors.
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| * 399. | Whenever in letters or rescripts of the Master of the Order the term "by the
authority of our office" (auctoritate officii nostri) or some other phrase equivalent
to it is used, it is to be understood to embrace both the ordinary and any other kind
of authority entrusted to his office.
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| 400. | The Master of the Order can appoint vicars for assisting him, either over the whole
Order or over one or more regions, one or more provinces, one or more convents.
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| 401. | I. A vicar over the whole Order has the same power as the Master himself
unless something else is provided for in law or in his letter of appointment.
Other vicars have whatever authority the Master himself shall have
determined.
II. All continue in office until they shall have been recalled by the Master of the Order. III. The office of vicar over the whole Order expires when the Master of the Order leaves office; the office of other vicars, however, continues until arranged otherwise by the new Master. |
| 402. | The vicar of the Order is the one who, when the Master leaves office outside a
chapter, takes the place of the Master of the Order until a Master has been elected.
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| 403. | On the death of the Master or his removal from office, the first assistant according
to the order of profession has the power ipso iure which belongs to the vicar of the
Order. However, he must convene the general council as soon as possible so that
from among the assistants the vicar of the Order may be elected.
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| 404. | I. It pertains to the elected vicar of the Order to convoke the vocals for the
election of the future Master, to prepare the general chapter (see n.415)
and to preside at the election of the same Master.
II. He cannot remove from office the assistants of the previous Master, the priors provincial or conventual priors, and he cannot appoint a new assistant or change anything in the state of the Order. |
| 405. | A general chapter, which has the highest authority in the Order, is a gathering of
the brethren representing the provinces of the Order for discussing and deciding
those things which pertain to the good of the whole Order and, if the occasion
presents itself, for electing the Master of the Order.
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| 406. | Three general chapters are recognized in the Order: an elective chapter, a
chapter of diffinitors, and a chapter of priors provincial.
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| 407. | The following are assembled and have voice in an elective chapter:
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| 407. bis. | For the election of delegates going to an elective general chapter, brethren
of houses under the immediate jurisdiction of the master of the Order are to
be joined among themselves by the general council so as to form two or
three elective colleges, depending on the number of delegates to be elected.
Each college must have at least twenty-five vocals. The same general
council will provide for the manner of conducting this election.
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| 408. | The following are assembled and have voice in a general chapter of diffinitors:
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| 409. | The following are assembled and have voice in a general chapter of priors
provincial:
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| 409. bis. | Each province which has at least ten brothers assigned in vicariates or
houses of the province outside the boundaries of the province has the right
to send one delegate elected from and by those brothers according to the
statute of the province to a general chapter either of diffinitors or priors
provincial. A special arrangement shall be made by the Master of the
Order with his council so that half of the provinces shall be represented in
one chapter and the other half in the next.
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| 409. ter. | For the election of delegates going to a general chapter of diffinitors or
priors provincial, all the brethren of the houses under the immediate
jurisdiction of the Master of the Order are to be gathered among
themselves by the general council to constitute elective colleges Each of
these colleges should have at least twenty-five vocals. The general council
will provide for the way in which this election is conducted. (C-187; B-276 with an ordination)
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| 410. | I. Some of the assistants of the Master of the Order designated by the Master
himself and the syndic of the Order are present, who have the right to
speak without, however, having a vote.
II. A delegate from every convent permanently under the immediate
jurisdiction of the Master of the Order, as well as experts designated by the
same Master can be summoned and heard without, however, having a vote.
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| 411. | I. A general chapter shall be held:
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| 412. | This is the sequence of general chapters: an elective chapter, a chapter of
diffinitors, a chapter of priors provincial, and so on.
From an elective chapter a new series of chapters begins according to the aforesaid
order even if the election of a Master must be held before the completion of a
nine-year period.
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| * 413. | I. The place and time of a chapter shall be determined by the preceding
chapter. The date assigned for the beginning of a chapter shall not be
postponed or anticipated more than six months except with the consent of
a majority of the provinces.
II. A general chapter shall be convoked by the Master or vicar of the Order by circular letter eight months before the date assigned for the celebration of the chapter. Prayers for the successful outcome of the chapter shall be indicated in this letter. III. When the office of Master of the Order is vacant, an elective chapter shall be convoked within a month from the date of the vacancy. This time period can be extended but not beyond six months if there is a truly grave reason and a majority of the provinces shall have given consent. IV. With the consent of his council, the Master or vicar of the Order can, for a
just cause, change the designation of the location for the next general
chapter.
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| * 414. | The Master of the Order shall appoint a secretary general of the chapter who shall
have charge of everything that pertains to the preparation and organization of the
chapter.
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| * 415. | I. Once the convocation has been made, the brethren who have the right shall
send to the Master or vicar of the Order the petitions and questions which
they wish to propose to the chapter.
II. Besides the vocals of the chapter, the right to submit proposals belongs to:
IV. 1. questions to be proposed to the general chapter by those who have the right or faculty to do so shall be sent to the Master of the Order six months before the celebration of the chapter;
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| * 416. | Before the two-month period which precedes the celebration of a general chapter,
each prior provincial shall send to the Master of the Order a critical report,
approved by the provincial council, concerning the state of the province according
to the form designed for this purpose by the general council in which more serious
problems and statistical as- pects are illustrated distinctly. A copy of this report
shall be distributed to each of the vocals at the chapter.
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| * 417. | A general chapter, under the chairmanship of the Master or vicar of the Order,
shall be celebrated in the following manner:
I. on the day before the beginning of the chapter:
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| 418. | I. It is strictly forbidden lest priors provincial dare to produce anything
through their decisions prejudicial to the diffinitors or diffinitors to the
priors provincial. And if they shall have attempted to do this, it shall be
held null and void.
II. The secrecy of the chapter must be observed by all the participants
concerning those matters which can cause harm or prejudice to the Order
or to the brethren. The chairman (praeses), however, can determine if
anything else must be kept under secrecy.
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| * 419. | I. The processus verbalis of the sessions, signed by the Master of the Order
and the actuaries, together with the documents pertaining to the chapter
itself shall be placed in the archives of the Order.
II. The printed acts of the chapter shall be sent as soon as possible to all the
provinces; there shall be at least two copies in every convent of the Order,
and they shall be read in the manner that has been determined by the
chapter itself.
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| 420. | The Master of the Order cannot change the acts and decrees of a chapter but he,
and he alone, can dispense from them and clarify their meaning.
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| 421. | A most general chapter (see n.276,II) is composed of the Master of the Order,
ex-Masters of the Order, priors provincial, and two diffinitors from each province,
elected by a provincial chapter.
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| 422. | The two diffinitors of a most general chapter:
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| 423. | I. A most general chapter shall not be convoked unless the majority of the provinces request it, and it shall be announced two years beforehand unless
the need for it is urgent.
II. The same regulations shall be observed for its convocation, preparation, and celebration as for general chapters. |
| 424. | I. Under the chairmanship of the Master or vicar of the Order, or of their
vicar, the general council is composed of the assistants of the Master of the
Order and of the procurator general, and the syndic of the order, (B-279)
whose consent or advice is required according to our laws and common
law.
II. The Master of the Order can convoke the councillors to seek their advice and opinion whenever it shall seem beneficial to him even if this is required by no law. Art. VI -- On the Assistants to the Master |
| 425. | I. The assistants general help the Master of the Order in the exercise of his
office over the whole Order; with their consent or advice the Master
governs the Order, discussing and deciding questions of major importance
for the life of the whole Order.
II. The assistants general of the Master of the Order are to be not less than
eight and not more than ten. Two of them are put in charge of matters
concerned with the apostolate and the intellectual life in the Order
respectively; to the others is entrusted the concern for the relationship of
the provinces with the Order, and for other matters which may be
committed to them by the Master of the Order (see n.428).
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| * 426. | It pertains to the assistant for the apostolate in the Order, mainly:
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| * 427. | I. It pertains to the assistant for the intellectual life in the Order, mainly:
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| * 428. | I. The other assistants foster the mutual relationships of the provinces with
the Master of the Order and help him by communicating the decisions as
well as the directive norms of the central government to the provinces
committed to them, by knowing the provinces well, and according to the
arrangement of the Master of the Order, by often being present in them,
and also by visiting them in his place. However, they enjoy no authority
over individual provinces. (O-264)
II. Their chief function is to help the provinces and to promote collaboration
between those of the same region, putting into practice what has been said
about this in nn. 390-395. According to the decision of the Master of the
Order, they can also be put in charge of some Secretariates.
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| 429. | I. All the assistants are appointed by the Master of the Order, remain in office
for six years, and can be appointed again for another six years, always
leaving freedom for a new Master of the Order to change the brethren
belonging to the general council.
II. The appointment of the assistants for the apostolate and for the intellectual life is to be made after all of the priors provincial have been heard. (B-280) III. The appointment of assistants for the relationships of the provinces with
the Master of the Order shall be made after previously consulting the priors
provincial concerned, who, agreeing among themselves on the matter
beforehand, shall present three names to the Master of the Order. The
Master of the order must appoint one of these three or ask that three
new names be submitted. (B-280)
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| * 430. | At least three months before the beginning of a general chapter, each assistant shall
send to all the vocals of the general chapter a critical report on the more serious
problems within the area of his competency.
Art. VII -- On the Other Officials |
| 431. | I. Other officials of the general curia are: the procurator general, the
postulator general of causes of beatification and canonization, the secretary
general of the Order, the syndic of the Order, the archivist, and the general
promoters. Some experts and co-workers for the Master of the Order and
the curia can also be present.
Some of these officials and experts can be chosen from among the assistants of the Master of the Order. II. They are appointed by the Master of the Order himself, having consulted his council, and remain in office for six years; they can be appointed again for another six years, always leaving freedom for a new Master of the Order to change the brethren belonging to the general curia. III. The Holy See shall be notified of the appointment of the procurator and
postulator general.
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| 432. | It is the duty of the procurator general to transact business with the Holy See,
according to the faculties granted him by the Master of the Order.
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| * 433. | Every brother shall conduct the special business of a house or province with the
Holy See through the mediation of the procurator of the Order whose competency
it is to provide this service, saving always the right of anyone to manifest his
desires to the Roman Pontiff with full liberty (see Lumen Gentium, n. 37), and
saving LCO nn. 426,3; 427,5, and 434,1.
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| * 434. | The postulator general for causes of beatification and canonization:
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| * 435. | The secretary general of the Order:
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| * 436. | I. The syndic of the Order has charge of all goods according to the norms
established for administration.
II. He shall always be summoned to participate in the deliberations of the
general council without, however, having a vote unless he is already a
member of the council.
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| * 437. | I. The archivist has charge of the general archives, where documents
pertaining to the history of the Order are preserved, according to the norms
given above for provincial archives (nn. 381-383) with appropriate
modifications.
II. No one shall be admitted into the archives of the Order except with the
special permission of the archivist; moreover, nothing shall be conveyed to
externs who wish to inspect documents of a more recent period except
with the permission of the Master of the Order.
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| * 438. | I. It is the duty of the promoter general for nuns and sisters:
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| * 438. bis. | I. In the general curia immediately after the Master of the Order
come:
III. No brother shall be assigned to the general curia besides those who belong
to it according to the constitutions.
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| * 438. ter. | We ordain that in institutions immediately subject to the jurisdiction of the Master of the Order, the presiding officials are appointed for a six-year term by the Master of the Order after he has consulted the members of the institutions and the assistants who are concerned; they can be reappointed to the same office again. |
1. Rule of St. Augustine
2. Constitutions, (1954 edition) n. 452, II)