THE BOOK OF CONSTITUTIONS AND ORDINATIONS
OF THE ORDER OF PREACHERS (LCO)

Ordinations are marked with an asterisk. ( * )
SECOND DISTINCTION
ON THE GOVERNMENT OF THE ORDER

First Section: General Norms:
Chapters:
  1. on the structure of the Order; §252;
  2. on the law by which the Order is governed. §275
Second Section: On Government Itself:
Third Section: On Elections:
Fourth Section: On Economic Administration:

FIRST SECTION

GENERAL NORMS

Chapter XI

ON THE STRUCTURE OF THE ORDER

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.

Art. I -- On Provinces

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.

254. Every province has the right:
1. of incorporating to itself as sons those who enter its novitiate;

2. of providing suitably for the formation of its brethren, and, provided the necessary conditions are present, of having its own novitiate and center of institutional studies

3. of celebrating a provincial chapter;

4. of taking part in general chapters.
* 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.
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.
* 256. bis. (B-254)
I.   For the union of two entities (provinces, vice-province or vicariates) the following are required:

1. The vote of the council of each entity in regard to mutual matters concerning the union

2. Consultations of the brethren and the chapters of all the convents and houses in the same entities, to be done in a way worked out in the individual entities

3. A special statute approved by the Master of the Order for the celebration of a 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 meeting of the new entity after the manner of a chapter .

4. The decision of the Master of the order with his council; the first superior of the new entity is appointed by the master of the order.
II.   The union of two entities and the union or fusion of several entities should be done in the way described in I, with appropriate changes being made.

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.

257. I.   
1. The Master of the Order, with the consent of his council, can establish a vice-province which has, in the territory assigned to it, two convents properly so called and twenty-five vocals; furthermore, it should be able to provide from its own resources for maintaining the conditions stated for founding a new province.

2. Over a vice-province there is in charge as a major superior, a vice-provincial, elected by the chapter of the vice-province. A vice-province has the obligations and rights of a province.
II.   In a territory where no province or vice-province exists, because of local needs or the firm hope of implanting the Order in a permanent manner, the Master of the Order, having consulted first the brothers assigned to the vicariate and having consulted the council of the pertinent province, can, with the consent of his council, establish a general vicariate with a determined territory, which shall be governed by statutes prepared by the vicariate and approved by the Master of the Order and his council.

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.

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.

* 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.

Art. II -- On Convents

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.

261. I.   To establish or suppress a convent, the requirements of law having been observed (see Can. 609-612; 616), the following are necessary:
1. a petition made by a provincial chapter explaining the reasons;

2. approval by the Master of the Order;

3. a decree given in writing by the Master of the Order for validity.
II.   When this concerns transferring or reestablishing a convent in the same city, the decision of the prior provincial with the consent of his council suffices.

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.

* 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.
* 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.
* 264. No convent can be reduced to the condition of a simple house except by a provincial chapter.

Art. III -- On the Incorporation of the Brethren

265. The brethren are incorporated into the Order by first profession.
* 266. The brethren are ranked among themselves according to profession in such a way, however, that superiors precede others.
267. Every brother must be incorporated into a province. This incorporation which is brought about with the beginning of the novitiate is called affiliation.
* 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.
* 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.
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)

* 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)

* 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.

* 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.

* 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.

Chapter XII

ON THE LEGISLATION GOVERNING THE ORDER

Art. I -- On the Distinction of the Laws of the Order

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:
1. the constitutions of the Order;

2. the ordinations which are found either in the Book of Constitutions and Ordinations, or in the acts of general chapters;

3. the ordinations of the Master of the Order;

4. legitimate customs.
II.   Whenever the word constitution is used in our legislation, it bears a strict meaning applicable only to constitutions properly so called; however, the words our laws or our legislation indicate both constitutions and ordinations (see Appendix n. 1).
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.

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.

278. Every province is also governed:
1. by the statute of the province;

2. by the ordinations of a provincial chapter;

3. by the ordinations of the prior provincial as well as of others who in various ways are in charge of a province.
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;

2. the statute of a province or the changes to be made in it, just as all other ordinations of a provincial chapter, must be approved by the Master of the Order.
III.   Changes to be inserted in the statute of the province which affect the manner of celebrating a provincial chapter begin to have force only from the celebration of the following chapter.
280. Every convent is also ruled by the ordinations of its superior and of others who in various ways can take his place.
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.


Art. II -- On the Promulgation, Duration,
Interpretation, and Dispensation
of the Laws of the Order

* 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.

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.

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.
* 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).

* 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.

* 287. The ordinations of superiors and of those who take their place cease with their office, n.284 being maintained.
* 288. Ordinations made in canonical visitations remain in effect until the next visitation made by a similar authority.
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.

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.
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.
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.

* 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

294. A formal precept which binds gravely:
1. shall not be given unless it concerns something of itself or from circumstances grave according to our laws, after prudent consideration and sufficient investigation, and only in a case of true necessity;

2. must always be given in writing, for a specified period of time and must define precisely what is to be done or what is to be omitted;

3. must be expressed in the required formula, namely: "we command (or we forbid) in virtue of obedience."
295. A general and provincial chapter, as well as superiors and others with delegation from them, can give a formal precept.
* 296. Precepts cease either by the passage of time or the termination of the authority of the one giving the precept.
297. A precept is invalid:
1. if it is not given in writing or if the required formula mentioned in n.294 is omitted;

2. if a local superior imposes a precept on an entire community without the previous consent of the prior provincial or, in case of urgent necessity, of the conventual council; or if the prior provincial imposes it on the whole province without the consent of his council.


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