| THE BOOK OF CONSTITUTIONS AND ORDINATIONS OF THE ORDER OF PREACHERS (LCO) Ordinations are marked with an asterisk. ( * ) |
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ON THE GOVERNMENT OF THE ORDER
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| 252. | The Order of Friars Preachers, which is ruled by a general chapter and the Master of the Order, is made up of provinces, each of which is ruled by a provincial chapter and the prior provincial.
Each province is made up of convents and houses, which are governed by a prior or superior.
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| 253. | I. A province consists of at least three convents, two of which must have at
least ten vocals. Furthermore, all the vocals of the province shall number
at least forty.
II. A province must have territory distinct from the territory of other
provinces.
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| 254. | Every province has the right:
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| * 255. | To establish a new province, besides the conditions given in n.253, it is necessary
that there be a well-founded hope that from vocations in its own territory it can
develop further in the regular and apostolic life.
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| 256. | It pertains to a general chapter or to the Master of the Order with his council to
establish provinces, to divide them, to unite one with another, or to suppress them.
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| * 256. bis. | (B-254)
III. In the case of the division of a province, the manner of proceeding shall be
worked out by the provincial council and approved by the master of the
Order with his council.
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| 257. | I.
In this case, having consulted the brothers of the vicariate, a vicar general is appointed the first time 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.
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| 258. | I. If any province for a period of three years shall not have three convents or
thirty-five vocals assigned in the province and habitually living there, 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 to a general vicariate (B-255)
according to the norm of n.257, I, unless a general chapter shall already
have been convoked.
II. When a province which has been reduced to a vice-province as in I for a period of three years shall again have the necessary conditions, the Master of the Order must declare that it enjoys all its rights. III. In regions where a provincial chapter cannot be celebrated because of
adverse circumstances, the Master of the Order, with the consent of his
council, can provide, while maintaining equity, for the manner in which a
province will be represented in a general chapter.
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| * 259. | I. Provinces are named and ranked among themselves according to current
traditions (see Appendix n.11). Those that may be founded thereafter shall
be ranked according to the time of their establishment.
II. Consequently, those who represent a province, such as a prior provincial, a diffinitor, or an elector, are ranked among themselves according to the order of provinces.
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| 260. | I. In our legislation the word convent is understood to be a community which
has at least six brethren assigned and habitually living there, of whom five
enjoy active voice and at least four are priests.
A community which does not have these conditions is called a house. II. Whatever is said of convents is also valid for houses, unless expressly
stated otherwise.
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| 261. | I. To establish or suppress a convent, the requirements of law having been
observed (see Can. 609-612; 616), the following are necessary:
III. A province is not permitted to establish a convent within the territory of
another, except with the consent of the Master of the Order, and of the
council of the province in which the foundation is intended to be made.
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| * 262. | When a house has the conditions required by our law for a convent properly so
called, the prior provincial, having consulted the chapter of the community and if
the council of the province approves, shall establish that house as a convent by his
own decree, and the brothers shall elect a prior.
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| * 263. | When a new community is immediately established as a convent properly so called,
the prior provincial shall appoint the prior according to the norm of n.373, 1.
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| * 264. | No convent can be reduced to the condition of a simple house except by a
provincial chapter.
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| 265. | The brethren are incorporated into the Order by first profession.
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| * 266. | The brethren are ranked among themselves according to profession in such a way,
however, that superiors precede others.
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| 267. | Every brother must be incorporated into a province. This incorporation which is
brought about with the beginning of the novitiate is called affiliation.
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| * 268. | Before beginning the novitiate, it must be declared expressly to postulants of
another province for what province an aspirant is being received as a son. If,
however, he shall have been admitted without any such determination, he will be a
son of the province in which he began the novitiate.
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| * 269. | Transfiliation from one province to another can be made by the Master of the
Order, with the consent, however, of each prior provincial and his own council.
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| 270. | I. Assignment is the appointment of a brother to some province or to a
definite convent with all rights and obligations unless it is clearly stated
otherwise.
II. Assignment is either direct or simple, or indirect by reason of office or of studies. III. Assignment, however, outside one's own province for the purpose of study does not suffice for having voice 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, number 208 being observed. (B-256, with an ordination) IV. Assignment by reason of office applies only to superiors; that made by reason of study applies only to students outside the province. V. Every brother needs a direct assignment to a definite convent from the time
of first profession and without a time limit. An indirect assignment by
reason of office lasts only for the term of office. The prior provincial of
the province of assignation, with the previous consent of the prior
provincial of the province of affiliation determines the duration of
indirect assignment by reason of study When the time of indirect
assignment has elapsed , the direct or simple assignment revives.(B-256,
with an ordination)
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| * 271. | I. A general chapter or the Master of the Order can freely assign brothers to
any province or convent; a provincial chapter, however, or a prior
provincial can make assignments within their own province.
II. A brother who has been assigned simply to a province by the Master of the Order or by a general chapter, needs an assignment to a definite convent besides. III. Direct assignments of the brethren (see Appendix n. 12) and indirect
assignments by reason of studies shall be made in writing (B-257)
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| * 272. | As soon as possible and not beyond a week from its reception, the letter of
assignment shall be read before the community in the convent to which a brother is
sent. From that moment a brother's appointment to that convent begins, even if
he cannot be present immediately.
The superior should note the reading of the assignment in the council book and
notify the superior of the convent of previous assignment about this.
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| * 273. | Temporary appointment of a brother to a province or convent is called deputation,
given in writing by a major superior and imposing the obligations of an assignment
which have
not been expressly excluded but not granting its rights, saving, however, the right
of participating in elections in the convent of his assignment.
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| * 274. | Ordinarily deputation is not made for a period beyond six months. By way of
exception, however, especially because of teaching, it can be made for a year.
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| 275. | I. Led by an evangelical spirit and supported by the rule of St. Augustine, our
Order is governed, besides by all the laws of the Church and the decrees
and privileges which concern us (see Appendix n. 13), by the following:
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| 276. | I. A particular statute shall be considered as a constitution only when it shall
have been accepted by three successive general chapters and, indeed, by
way of inchoation in the first chapter, approbation in the second, and
confirmation in the third. This method of proceeding must also be
observed for the abrogation or substantial change of constitutions.
II. One most general chapter, however, is equivalent to three general chapters.
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| 277. | Inchoations which are made in general chapters do not begin to have force until
they have been approved and confirmed by two other chapters and have become
constitutions, unless, perhaps, the inchoation was made by way of an ordination.
However, inchoations which are contrary to constitutions shall not be made with
an ordination except rarely and for an urgent cause, which must always be stated
expressly by a chapter.
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| 278. | Every province is also governed:
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| 279. | I. The statute of a province is the collection of ordinations on the life and
government of convents and of the province, especially in those matters
which, according to our legislation, are to be determined by each province.
II. 1. One provincial chapter is competent to make ordinations to be inserted in the statute of the province, and to change them or abrogate them;
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| 280. | Every convent is also ruled by the ordinations of its superior and of others who in
various ways can take his place.
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| 281. | Our legislation and the ordinations of superiors do not bind the brethren under sin
but to a penalty only, unless by reason of a formal precept or because of contempt.
Interpretation, and Dispensation of the Laws of the Order
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| * 282. | I. Constitutions and ordinations of general chapters are promulgated by
publication in the acts of general chapters or in another manner determined
by the same chapters; unless otherwise expressly stated, they begin to have
force two months after promulgation counting from the date on which the
letter is signed by which the Master of the Order presents the acts of the
chapter to the brethren.
II. However, the ordinations of the Master of the Order are promulgated and
begin to have force in the manner determined by him.
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| 283. | I. A general chapter has the power of declaring that a particular law of ours
does not bind because of special circumstances of time and place or other
factors indicated in the declaration itself. In the interval from one chapter
to another the Master of the Order, having consulted his council, has the
same power.
II. If such a declaration is still proven opportune, it shall be renewed in each
general chapter.
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| 284. | The ordinations of a general chapter and of the Master of the Order retain their
binding force until they have been revoked by a similar authority.
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| * 285. | I. Ordinations which have remained in force through five successive chapters
and in the sixth have been approved, shall be inserted in the book of
constitutions and ordinations.
II. Ordinations which are found in the book of constitutions and ordinations
can be revoked by a general chapter until the next chapter; if, however, the
second chapter confirms what the first has done, they are definitively
abrogated (see Appendix n. 2).
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| * 286. | I. Ordinations which are found in the statute of a province remain in force
until they are revoked by a provincial chapter, n.279, III, being maintained.
II. Other ordinations of a provincial chapter remain in force until the date
when the acts of the following provincial chapter begin to have force.
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| * 287. | The ordinations of superiors and of those who take their place cease with their
office, n.284 being maintained.
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| * 288. | Ordinations made in canonical visitations remain in effect until the next visitation
made by a similar authority.
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| 289. | I. The legitimate customs of the Order or of a province retain the force of law
until they have been revoked by a general or a provincial chapter.
II. Customs contrary to the constitutions and the ordinations which are found
in this book are rejected.
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| 290. | The authentic interpretation of our laws pertains to a general chapter. However,
when this concerns the interpretation of constitutions, this interpretation does not
acquire the force of a constitution unless it has been approved by three successive
general chapters.
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| 291. | If any doubt occurs about some text of our laws outside the time of a general
chapter, a declarative interpretation by the Master of the Order must be observed.
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| 292. | I. It pertains only to a general chapter or to the Master of the Order to
dispense from the laws of the Order, either for the whole Order or
permanently for a province, or a convent, or the brethren.
II. A prior provincial in his province and a conventual prior in his convent can
dispense the brethren in matters which are not reserved to a higher
superior.
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| * 293. | Dispensations, nominations, and similar matters issued in any way whatever by a
general chapter or by the Master of the Order without a time limit remain in force
until they have been revoked by a similar authority; issued in any way whatever by
lesser chapters or superiors, they remain in force until the promulgation of the acts
of the following chapter or until their successors take office unless something
different is expressly stated in our legislation.
Art. III -- On the Formal Precept
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| 294. | A formal precept which binds gravely:
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| 295. | A general and provincial chapter, as well as superiors and others with delegation
from them, can give a formal precept.
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| * 296. | Precepts cease either by the passage of time or the termination of the authority of
the one giving the precept.
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| 297. | A precept is invalid:
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