CHAPTER VIII

CONSTITUTIONS AND ORDINATIONS

240. Notes.

For a clearer presentation of the changes made in LCO by the Chapter, the same method is followed as was used in the Acts of the General Chapters of Walberberg (183), Rome (307), Avila (188), Oakland (208), Mexico (248) and Caleruega (Chapter IX, p.90, notes).

The numerical order of LCO is followed. At each number specific signs show whether the text was approved for the first, second or third time:

	a confirmed constitution (three chapters)
	an approved constitution (two chapters)
	an introduced constitution (one chapter)

(note: if the approval or introduction of a constitution was made with an ordination, it is indicated by the sign [O]).

	Ordination voted on for the second time, abrogating a previous ordination
	Ordination accepted for the first time.

[A] A text is abrogated

New texts are printed in italics.

Since a good interpretation of changes made demands a knowledge of the preceding text and its history, references to the preceding chapters are made with the following signs:

O = Oakland, 1989
M = Mexico City, 1992
C = Caleruega, 1995

The abbreviation "Tech" indicates changes made:
- for a simple change in the revision of the text or in the Latin, cf. nn. 88 § I; 407; 408; 409
- to harmonise the text with other numbers of LCO, cf. nn. 385 § I, 1 § , 497 § I and 499 § III, 4 §
- to accommodate the liturgical year cf n. 71 § II

Declaration

241.

This Chapter has voted for the insertion (cf. LCO 285 § I) of the ordinations of the General Chapters in Walberberg (1980) and Rome (1983), which are in LCO. These ordinations are indicated with the words "Insert. def". viz. nn. 73 § II 2°, 107, 131, 207 § II, 208, 312 § V, 317 § III-IV, 348 § IV-V, 362 § IV, 370 § I-II, 375 § II, 385, 386 § I-II, 388, 413 § II, 415 § IV 1°, 436, 609.

CHANGES IN LCO

242.

Tech. Deletion: "Pentecost"

71. Ord. § II - Exceptions are Holy Week, Easter, the week in which Christmas occurs; likewise the weeks in which Mass for the dead is celebrated whether for an anniversary (n.70 § II) or the death of a brother (n.73) or of the Pope (n.74)

243.

Insert. def. (W - 193; R - 312)

73. Ord. § II - On the death of a brother:

§ I as in LCO.

§ II - In the whole province of his affiliation:

1 § each priest and each convent will celebrate one mass;

2 § each brother who is not a priest shall participate in one mass. The same shall be done in the convent of his assignation, if a brother was assigned outside the province of affiliation.

244.

Tech.

88. Ord. § I - It is especially the responsibility of the conventual prior:

1 § -2 § as in LCO

245.

97. Ord. § I - For anyone to be promoted to the Master in Sacred Theology, it is required:

1° that he be commendable for his way of life and prudence;

2° that after completing complementary studies he shall have devoted himself totally to intellectual work for at least ten years.

3° that he be presented by the commission for the intellectual life of the province to the provincial chapter and proposed by two thirds of the vocals of the same chapter, or by the Master of the Order, if this concerns a brother living in a convent or institute immediately subject to him.

4° that a commission of at least three experts in the scientific specialisation of the person being promoted, who have been selected by the Master of the Order, pass a favourable judgement on his work and his ability to continue it.

5° that he be promoted by the general chapter or by the Master of the Order with his Council.

6° that the recently promoted master give a public lecture.

246.

Insert. def. (W - 201)

107. Ord. - A province or vicariate shall draw up a plan of its total apostolate and prepare the brothers for this, and it shall co-ordinate its resources on the basis of unity, strength and continuity of apostolate. This planning shall take into account the actual needs of the Church and of the same province or vicariate and the future development of problems.

247.

(M - 258; C - 168)

129. Const. - Since the Marian Rosary is a way to contemplate the mysteries of Christ and a school for developing the evangelical life, it should be regarded as a form of preaching appropriate for the Order, in which the teaching of the faith is conveyed in the light of the Blessed Virgin Mary's participation in the mystery of Christ and the Church.

Therefore, the brethren should preach the use of the rosary, which is to be considered a characteristic mark of the Order, and promote its associations so that it may become more vital each day.

248.

Insert. def. (W - 203)

131. Ord. - The office of preaching the kingdom of heaven, which has already been begun by the incarnation of the Word of God and tends towards the restoration of all things in Christ, urges us to promote the right order of society.

249.

(M - 259; C - 169)

139-bis Const. § I - The brethren need the permission in writing of their major superior to publish books.

§ II ut in LCO.

250.

(C - 170 ) The words in the text "where it is opportune" are abrogated.

167. Ord. § I - Before they are admitted to the noviciate, aspirants to the Order are to:

[A] be prepared for the novitiate for a period of time.

251.

(C - 172)

191. Ord. § I et II as in LCO.

§ III - While maintaining n. 207, the right of conducting the examination belongs to the convent where the brother made his novitiate or where he is actually assigned, and the examiners are the brethren designated by the prior provincial or by the prior and his council, according to what is determined in the statutes of the province. The examination, however, can be held outside the convent of the noviciate or of assignment.

252.

Insert. def. (W - 218; R - 330)

207. Ord. § II - When a brother has spent the aforesaid year outside his proper province, the vote of the chapter and the vote of the council are only consultative. In this case, however, a vote of the council of the province of affiliation is always required. If it is favourable, the prior provincial can admit the brother to profession, but not if it is contrary.

253.

Insert. def. (R - 331; C - 213)

208. Ord. - Solemnly professed brothers assigned to a convent outside their own province by reason of study do not have a voice in the chapter when it considers admitting brothers to profession from other provinces; they can, however, be consulted before the vote of the chapter and council if the profession of students from other provinces living with them in the convent is considered.

254.

256-bis Ord. § I - For the union of two entities (provinces, vice-provinces or vicariates), there are required:

1 § the vote of the council of each entity in regard to mutual matters concerning the union;

2 § the consultations of the brothers and chapters of all the convents and houses in the same entities in the manner elaborated by each entity;

3 § a special statute approved by the Master of the Order for the celebration of the chapter of each entity in which the entities vote whether the union is to be proposed to the Master of the Order, and for the celebration of the first assembly " ad instar capituli" of the new entity;

4 § the decision of the master with his council; the first superior of the new entity is appointed by the master of the Order.

§ II - The fusion of two entities and the union or fusion of many entities is done as in § I mutatis mutandis.

§ III - In the case of the division of a province the manner of proceeding is elaborated by the council of the province and approved by the Master of the Order with his council.

255.

258. Const. § I - If any province for a period of three years shall not have three convents or thirty-five vocals, the Master of the Order, having consulted his council, shall declare that it no longer enjoys the right of participating in general chapters as a province and shall reduce it to a vice-province or a general vicariate according to the norm of n.257 unless a general chapter has already been convoked.

256.

[O]

270. Const. - § I et II as in LCO.

§ III - Assignation, however, outside one's own province for the purpose of study does not suffice for having a voice in elections. The other rights and obligations of the brother assigned by reason of studies will be determined by the prior provincial of the province of assignation with the prior consent of the provincial of the province of affiliation while safeguarding n. 208.

§ IV as in LCO.

§ V - Every brother from the time of first profession needs a direct assignation to a definite convent which is without a time limit. An indirect assignation by reason of office lasts only for the term of office. The prior provincial of the province of assignation with the consent of the prior provincial of the province of affiliation determines the duration of the indirect assignation by reason of studies. When the time of the indirect assignation has elapsed, the direct or simple assignation revives.

257.

271. Ord. § III - Direct assignations of the brethren (cf. appendix n.12) and indirect assignations by reason of studies shall be made in writing.

258.

Insert. def. (W - 242; R - 350)

312. Ord. § 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.

259.

Insert. def. (R - 351; A - 241)

317. Ord. § III -The syndic 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.

§ 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.

258.

(M - 281; C - 176) § II 2°: the words "to see that the conventual library is updated and supplied with the necessary books" are abrogated.

326-bis Const. § I -A conventual lector is elected for three years by the conventual

[A] 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:

1° as in LCO;

2° is abrogated;

3° - 5° as in LCO.

261.

The abrogation of an inchoation with an ordination.

[A]

331-bis - Const. -In the provinces there should be no house which does not have at least four brothers.

262.

Insert. def. (R - 356-bis)

348. Ord. § IV - A prior provincial who is prevented by illness from properly fulfilling his duties without hope of recovering his health within six months, shall resign from office.

§ V - If he cannot express his wish to resign or does not wish to do so, the socius of the prior provincial must convoke the council of the province 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 (cf. n. 351 § II) or appoint the vicar of the province as the vicar of the Master of the Order.

263.

352. Ord. - The vocals of a provincial chapter are:

§ I - 1° and 2° as in LCO;

3° conventual priors; the subprior, if the prior cannot be present on account of sickness or another grave reason approved by the prior provincial (M -283; C - 178);

4° et 5° as in LCO;

6° the delegate of a non-prioral house of at least four brothers having active voice in the territory of another nation where there is not another house of the same province.

7° the prior provincial who completed his term in the province immediately before the chapter.

§ II - as in LCO;

[A] § III - the words "ad instar conventus, when that house is erected in a foreign

[O] nation where there is no other presence of the same province. (A - 248)" are abrogated.

The text therefore remains:

§ III - If it will have been determined in the statute of the province, a non prioral house can send one delegate to a provincial chapter.

264. (C - 179)

358. Ord. - A provincial chapter shall be celebrated in the following manner:

§ I, II, III as in LCO;

§ IV - The words "approved or" are abrogated.

[A] Therefore the text remains as before the Chapter of Caleruega:

§ IV - When all these things have been done, the president with the diffinitors shall discuss and decide whatever they judge to be necessary or useful in such a way, however, that they cannot define those things which were rejected by a majority of the vocals.

265.

Insert. def. (W - 253; R - 357)

362. Ord. § 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 president, the diffinitors and the secretary, and by the seal of the province, shall be sent to the Master of the Order as soon as possible so that 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.

266.

Insert. def. (R - 359; A - 252)

370. Ord. § 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 - The master of novices, students and cooperator brothers, the directors of schools and of colleges, and other officials of the province shall always be present so that they may be heard, when matters pertaining to their office are discussed.

267.

(C - 180)

373. Ord. - Among other things, the following must be dealt with in the provincial council:

1 § The appointment or removal of a regional prior and a conventual prior.

2 § The presentation or removal of a parish priest after consultation with the chapter of the community to which the parish is entrusted.

3° - 6° as in LCO.

268.

Insert. def. (W - 257; R - 361)

375. Ord. § II - In this council meeting, all those things are to be treated that shall seem useful for the good of the province, and especially whether the ordinations and exhortations of the last provincial and general chapters have been put into practice.

269.

Insert. def. (R - 364; A - 257) Tech: "without prejudice to the rights of the prior provincial".

385. Ord. § I - A regional prior is in charge of the vicariate and has, besides the faculties granted by the provincial chapter, the right to:

1 § assign brothers who are in the vicariate, preserving the rights of the prior provincial;

2 § confirm a conventual prior according to n. 467 and appoint superiors of houses according to n. 332, unless the statutes of the vicariate provide otherwise;

3 § participate ex-officio in the provincial council, unless something different has been determined in the provincial statutes;

4 § participate ex officio in the provincial chapter (cf. 352 § I 1 § ).

271.

Insert. def. (R - 365; A - 258)

386. Ord. § I - In every vicariate there shall be a council whose consent or advice the regional prior must seek on important matters according to the norm of the vicariate statutes.

§ II - The number and manner of election or appointment of these councillors will be determined by the statutes of the vicariate.

271.

Insert. def. (R - 366; A - 260)

388. Ord. - The officials of a regional vicariate shall be appointed according to the norm of the statutes.

272.

(M - 297; C - 183) Tech.

407. Const. - In an elective general chapter the following are gathered and have voice:

§ 1 - In the election of the Master of the Order:

1 § ex-masters of the Order;

2 § each prior provincial;

3 § from each province, the diffinitor of the general chapter;

4 § vice-provincials and vicar generals concerning which in n. 257 § II;

5 § a socius of the diffinitor of a General Chapter from provinces having at least one hundred professed religious excluding however those who are assigned in vicariates and those directly assigned to houses under the immediate jurisdiction of the Master of the Order.

6 § the socius of the prior provincial going to a General Chapter from provinces having at least four hundred religious excluding however those assigned in vicariates and those directly assigned to houses under the immediate jurisdiction of the Master of the Order.

7 § the delegate from a province having at least ten and up to one hundred brothers assigned in vicariates or houses of the province outside the boundaries of the province, elected from them and by them, according to the statute of the province; furthermore, from a province having from one hundred and one to two hundred brothers assigned in vicariates, another delegate shall be elected and so on:

8 § from among the brethren directly assigned to houses under the immediate jurisdiction of the Master of the Order, two delegates if all the professed brothers total less than one hundred, three delegates if they total one hundred or more, chosen according to the norm n.407-bis

273.

(M - 299; C - 184) Tech.

407-bis Const. - For the election of delegates going to an elective General Chapter, 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.

274.

(M - 300; C - 185) Tech.

408. Const. - The following are assembled and have a voice in the general chapter of diffinitors:

1° - 5° as in LCO.

6° One delegate from among the brethren assigned to houses 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 according to the norm of n. 409-ter.

275.

(M - 301; C - 186) Tech

409. Const. - The following are assembled and have a voice in the General Chapter of provincials:

1° - 5° as in LCO.

6° One delegate from among the brethren assigned to houses 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 according to the norm of n. 409-ter.

276.

(C - 187)

[O]

409-ter Const. - For the election of delegates going to a General Chapter of diffinitors or prior provincials, all 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 (according as one or two delegates for each chapter are to be elected). 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.

277.

Insert. def. (W - 263; R - 375)

413. Ord. § 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.

278.

Insert. def. (W - 264; R - 376)

415. Ord. § 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;.

2° they shall be explained briefly in Latin or a modern language accepted by the General council and presented on as many separate pages as there are distinct questions. (A, n.272; O, n.259).

279.

424. Const. § I - Under the presidency of the Master or the 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, whose consent or advice is required according to our laws and the common law.

280.

429. Const. § I as in LCO:

§ II - The appointment of the assistants for the apostolate and for the intellectual life shall be made after consulting all the prior provincials.

§ III - The appointment of assistants for the relationships of the provinces with the Master of the Order shall be made after consulting the prior provincials concerned, who agreeing among themselves beforehand, shall present three names to the Master of the Order. The Master of the Order is bound to appoint one of these three or to request another three names to be presented.

281.

(M - 307; C - 188).

The words "the procurator general cannot at the same time be the Vicar of the Master of the Order, or vice versa" are abrogated.

432. Const. § I as in LCO;

[A] § II - is deleted.

282.

Insert. def. (R - 378; A - 274)

436. Ord. § 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.

283.

480. Ord. § IV - When the time fixed for the reception of ballots has elapsed, the president with the regional council shall make the scrutiny.

1° - 7° as in LCO;

8° but in the final scrutiny, whether it is the second (n.6°), or the third or fourth (n.7°), if an absolute majority is not obtained, provision for the office reverts to the prior provincial (cf. n. 464)

284.

(M - 318; C - 191) Tech.

497. Const. § I - Without prejudice to n. 491 § II and excepting those who according to norm n 352 § I, 6 § and § III are already represented, the following elect a delegate to the provincial chapter, provided they enjoy active voice: (cf 440 and 441):

1° - 3° as in LCO.

4° brethren assigned to convents for which an agreement has been entered into according to n. 391, 4 § and 5 § , provided that they are not superiors.

285.

Tech.

499. Ord. § III - If the vocals cannot be gathered together conveniently, the following norms apply:

1° - 3° as in LCO;

4° if, however, an absolute majority is not obtained in the first scrutiny, the provincial or regional prior with his council shall proceed according to the norms n. 480, § IV, 6° et 7°. In the final scrutiny whether it be the second, third or fourth, only those two are presented who in the preceding scrutiny received the greater number of the votes, without prejudice to n. 450 § III.

286.

(M - 320; C - 192)

522. Const. - For someone to be elected diffinitor or socius of a diffinitor or prior provincial for a General Chapter it is required:

1° - 2° as in LCO.

3° that he not be directly assigned in houses under the immediate jurisdiction of the Master of the Order.

287.

(C - 194)

566. Ord. § I - Every year, the syndic of the province, vice-province and general vicariate shall present to his respective council an accurate and complete report on the receipts and expenses, debts and credits of the province, on the transactions he has made, and on the economic state of the entity; he shall also propose a budget or estimate for the following year. All these reports must be approved by the council. Furthermore, the syndic must submit his economic report to the superior of the entity each month.

§ II - Likewise a regional prior and a vicar provincial shall send to their prior provincial an accurate report of the economic state approved by their respective councils in the same way as stated above in § I.

288.

(C - 200)

567. Ord. § II - Furthermore, each year, a prior provincial, a prior vice-provincial, and a vicar general should send to the Master of the Order a response to the questionnaire concerning major economic matters prepared by the syndic of the Order and approved by the Master of the Order.

289.

581. Ord. § I - A province must have a council for economic matters composed of the syndic of the province and at least two competent brothers. The president will be appointed by the provincial chapter. To this council may be added, if it seems suitable, trustworthy lay experts.

290.

Insert. def. (R - 391; A - 266)

609. Ord. § I. - Contracts of alienation, rent and, indeed, for an agreed annual payment, or of debts and obligations to be incurred, are subject to the rules on the limitation of expenses mentioned in nn. 590 and 592.

§ II. - In these contracts, however, the prior provincial with his council can give consent up to the sum defined by the Holy See for each region (cf. CIC 638, § 3). Otherwise, recourse to the Master of the Order is required.

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