General Statutes Part II

THE CONSTITUTION OF THE FRATERNITY AND THE SERVICE OF ITS GOVERNMENT

Part II
GENERAL STATUTES

TITLE I:
THE CONSTITUTION
OF THE FRATERNITY

Constitutions: 161, 162, 163

TITLE II:
THE MISSION OF
THE MINISTERS

Constitutions: 164, 165, 166, 167, 168

TITLE III:
OFFICES OF THE ORDER

Chapter 1
General Statutes

DISTINCTION AND
CONFERRAL OF OFFICES

Constitutions: 169,170,171,172

Chapter 2
General Statutes

RESIGNATI0N AND REMOVAL
FROM OFFICES AND POSITIONS

Constitutions: 173, 174, 175

Chapter 3
General Statutes

NORMS TO BE
OBSERVED IN ELECTIONS

Constitutions: 176, 177, 178, 179

TITLE IV:
THE GENERAL CHAPTER

Chapter 1
General Statutes

AUTHORITY AND CONVOCATION
OF THE GENERAL CHAPTER

Constitutions: 180, 181, 182, 183

115. In the letter of convocation, the Minister General recommends among other things that the Ministers Provincial send to the General Council, in sufficient time a written report, in consultation with their Councilors, on the important questions which are considered appropriate for discussion in the General Chapter.

The Minister General, in consultation with his Council and in sufficient time, then sends a summary outline of the proposed questions to be discussed to the Ministers Provincial and through them to all the friars of the Provinces.

The Minister General shall appoint a preparatory commission with the consultation of his Council. The commission should be appointed two years before the opening of the General Chapter.

116. Through their respective Ministers Provincial, all the friars may then send their responses to the Minister General and his Council, whether related to the questions already proposed or to new questions pertaining to the good of the Order. (CN 631,3)

From the various questions submitted, the General Council selects and prepares an agenda for the Chapter. However, before any new proposals may be discussed, the consent of the General Chapter is required.

117. The Minister General with the consultation of his Council shall appoint a secretary and assistant secretaries who are not vocals.

118. Prior to the General Chapter, the Minister General should send to each of the Provinces and Vice Provinces a list of the elected and appointed offices of the Order. The Ministers Provincial may then indicate the names of those friars capable of fulfilling a particular office.

Chapter 2
General Statutes

VOCALS AT THE CHAPTER

Constitutions: 184

119. 1�. Besides the Minister Provincial and the Vice Provincial, two delegates from every Province participate in the General Chapter.

2�. Provinces with over one hundred solemnly professed friars will elect an additional delegate.

3�. A Province or Vice Province which has less than thirty solemnly professed friars is entitled to be represented by their Provincial or Vice Provincial at the General Chapter.

4�. A Province or Vice Province that has thirty to thirty-nine solemnly professed friars is entitled to be represented by their Provincial or Vice Provincial and one delegate at the General Chapter.

5�. It is the duty of each elector to give conscientious consideration to the selection of those who are most suited to represent the Province at the General Chapter.

6�. In order to achieve a more just and complete representation of all segments of the Order at the General Chapter, the Minister General, with the consent of his Council, may appoint two friars to attend the General Chapter without active voice.

7�. The capitulars should be elected or appointed at least one year prior to the opening of the Chapter. Their election shall be published immediately.

8�. The elected delegates should be more numerous than the ex officio members.

120. The elected delegates to the General Chapter should be elected by written ballot. At the appointed time the ballots are to be sent to the Minister Provincial. The Minister Provincial, with the assistance of two tellers, counts the ballots.

The friars who have the most votes are considered elected. The friars who have the next greater number of votes, after the elected friars, are considered alternate delegates.

If the Ministers Provincial and the Vice Provincials are legitimately impeded from being present at the General Chapter, they are represented by their Vicars.

Chapter 3
General Statutes

SESSIONS OF THE CHAPTER

I. The Opening of the Chapter

Constitutions: 185

121. The Chapter begins with the call of the vocals. Each one then takes his place in the following order:

1�. the Minister General with his Council;

2�. the ex-Minister General;

3�. the Ministers Provincial and the delegates of
the Provinces, according to the date of origin of the Province;

4�. the Vice Provincials;

5�. the appointed delegates.

122. In the first session of the Chapter, after the address of the Minister General, the officers of the Chapter are to be elected:

1�. two tellers, whose duty it is to see that the votes are cast by each voter secretly, diligently and one by one. (CN. 173,I)

2�. three judges skilled in canon law who are to consider the controversial cases.

3�. two examiners who are to review the financial state of the General Council.

4�. in the same session the Secretary and Under-Secretaries of the Chapter previously designated by the General Council are presented.

5�. The Secretary has the duty to record faithfully and diligently the acts of the Chapter. At the beginning of each session he publicly reads all that occurred in the previous session.

123. The Minister General presents two written reports to the Chapter.
The first describes the moral state of the Order and explains what was accomplished and attempted for growth during his term. This report previously examined and approved by his own Council is accompanied by appropriate comments and suggestions which he and his Council deem opportune.

The second report, prepared by the General Econome and approved by the Minister General and his Council, presents the financial state of the General Council with an account of the income and expenses for the six year period of the administration together with any liabilities or debts still outstanding.

All the other offices of the Order present a report of their activities.

124. The Ministers Provincial present to the Chapter an accurate written report on the moral and economic state of their respective Provinces previously read and approved by their respective Councils.

The report includes the number of friars as well as the friars received, deceased or separated from the Order since the last General Chapter. It should also contain other important matters and propose recommendations that promote the growth of the Province or the Order.
Likewise Vice Provincials of Vice Provinces will give their reports.

125. Copies of the reports of the Minister General, the offices of the Order, the Ministers Provincial and Vice Provincials are to be distributed ahead of time to all the capitular members so that they can be informed of their contents and properly discuss them.

The secretaries are responsible for providing the proper translations.

2. Election of the President
and Work of the Chapter

Constitutions: 186

126. At the conclusion of the reports, the president of the Chapter is elected in one votation by a written ballot. The Minister General declares as elected the one who has carried a relative majority. In the event of a tie, the elder in solemn profession or age is elected.

127. With the election of a president, whose task it is to immediately take up the work of the Chapter, all authority passes automatically to the Chapter.

128. During the following session of the Chapter, the reports submitted by the Minister General, the Ministers Provincial and the Vice Provincials, and the other officials are to be carefully considered. Questions concerned with the ordinary government of the Order are also considered.

3. The Election of the
Minister General and His Council

Constitutions 187, 188, 189

129. Before the election of a new Minister General and his Council, a day is set aside for reflection and prayerful recollection. The Mass of the Holy Spirit is celebrated.

130. According to our tradition, the election of the Minister General takes place in the presence of a delegate from the Apostolic See if it chooses to send one.

131. For the election of the Minister General and his Council, the Inter-Provincial Conferences or other similar groups with representatives from various Provinces may present to the president and through him to the Chapter a number of names for each office.

Before the election of the Minister General, the president may propose a consultation regarding possible candidates for each office.

132. If a friar not present at the Chapter should be elected Minister General, he is to be summoned immediately and no business is to be transacted until his arrival. If a friar not present at the Chapter is elected as Vicar or as Councilor, he is quickly summoned but the Chapter is not suspended.

133. Announcement of the election of a new Minister General is to be sent as soon as possible to the Apostolic See and to each Province of the Order.

The prescriptions found in the ceremonial of our Order concerning the installation of the new Minister General, the transfer of the seal of the Order and the act of obedience made by all the friars are to be faithfully fulfilled.

134. At the first session the following day, under the presidency of the newly-elected Minister General, the election of the other members of the Council shall take place beginning with the Vicar General and then the four General Councilors.

In the election of the Vicar and the Councilors, particular consideration is to be given to their skills. Also consideration shall be given to the presence on the General Council of the various geographic-linguistic areas as well as the proper representation of the diverse Provinces.

The Vicar General and each of the General Councilors is elected in a separate ballot. An absolute majority is needed for election. In the third votation a relative majority is sufficient.

By means of a new votation and a relative majority of votes, one of the Councilors is selected as the first General Councilor, taking into account the qualifications and abilities of each friar.

Finally, after the proposal of the Minister General, the election of the Secretary General takes place.

4. The Remaining Chapter
Sessions and Its Conclusion

Constitutions: 190

135. In these final sessions, presided over by the newly elected Minister General and his Council, the greatest possible attention is to be given to the continual growth of the religious and the apostolic life of the Order.

136. The Secretary of the Chapter is to record faithfully and accurately the capitular acts in the book of the General Chapter.

In the last session of the Chapter, the acts are to be signed by the Secretary, the Minister General and the tellers and placed with great care in the archives of the Order.

A summary accompanied by a message from the Minister General is to be sent as soon as possible to each of the Ministers Provincial who in turn quickly share it with all the friars of their respective Provinces.

TITLE V:
THE GENERAL
GOVERNMENT
OF THE ORDER

Chapter 1
General Statutes

THE MINISTER GENERAL

Constitutions: 191, 192

137. The Minister General may entrust a responsibility to a friar of his choice anywhere in the Order.

He first consults with the respective Minister Provincial as well as with the friar concerned.

He shall observe the same procedure in all other matters which affect individual friars or Provinces.

138. For actions that require consent or counsel at least two-thirds of the Council should be present in order for the action to be valid. If there is an urgent case, then a absolute majority would suffice. (CN119)

Chapter 2
General Statutes

THE GENERAL
COUNCIL OR DEFINITORY

Constitutions: 193, 194, 195, 196

Chapter 3
General Statutes

THE VICAR GENERAL

Constitutions: 197

139. If the Minister General ceases from office for any reason before the end of his term, he is to be succeeded by the Vicar, with all rights and duties, until the end of his six year term.

140. When the Vicar General is absent or temporarily impeded, his office is to be filled by the first Councilor.

Chapter 4
General Statutes

THE GENERAL COUNCILORS

Constitutions: 198, 199

141. The Councilors are not to assume other offices which prevent them from fulfilling their regular duties in the Order.

142. 1�. When it is prescribed that something is to be done with the consent of the Council it is intended that it is to be accomplished with the Councilors assembled together in Council.

However, in appropriate cases consent may be given without the Council being assembled. This should be done in accord with the Statutes approved by the General Council.

2�. If there is a question of entrusting a position or an office to a Councilor, after the proposal is made by the Minister General, the candidate is to leave the room and then the election is decided by secret vote.

143. At the first meeting of the General Council, the Vicar General and all the Councilors together with the Secretary General, take an oath before the Minister General to faithfully fulfill their office and to observe secrecy in all matters discussed at their meetings or confided to them by reason of their office.

144. If a General Councilor ceases from office, a new General Councilor is elected by the Minister General and Council voting collegially by secret ballot. A relative majority is sufficient for election.

145. i�. The seat of the General Council is in Rome in the fraternity of Saints Cosmas and Damian.

2�. The Minister General, the Vicar, the General Councilors and the Secretary General shall permanently reside there.

3�. The fraternity of Saints Cosmas and Damian and the friars and the fraternities directly subject to the General Council are governed by their proper statutes provided by the General Council.

Chapter 5
General Statutes

THE SECRETARY GENERAL

Constitutions: 200

146. 1�. It is the duty of the Secretary General to record the acts of the Council and of the Minister General, to diligently collect all the documents and acts of the Order and to conserve them for the archives.

2�. He shall send correspondence and documents to the Order, the Provinces and individual friars at the direction and in the name of the Minister General.

3�. By power of his office, the Secretary General is the notary of the ecclesiastical affairs of the Order.

4�. For better communication and coordination, the Secretary General maintains close contact and collaboration with the Provincial Secretaries.

5�. The Secretary General may express his opinion in the Council if requested, but he does not vote.

Chapter 6
General Statutes

THE OFFICES OF THE ORDER

Constitutions: 201

1 The Procurator General

147. 1�. The office of Procurator General, in the tradition of our Order, is entrusted to the Vicar General or to one of the other General Councilors.

2�. It is the duty of the Procurator General to take care of all the affairs of the Order with the Holy See except those that pertain specifically to another office.

3�. Therefore, no friar, whether the matter concerns himself or another, is permitted to conduct affairs directly with the Apostolic See without first informing and working through the Procurator General.

148. 1�. In matters pertaining to the whole Order or a certain Province, the Procurator General must first consult the Minister General and follow his wishes.

2�. In matters concerning individual friars the Procurator General does not deal with them without having first consulted the respective Minister Provincial.

3�. The Procurator is to keep a register of all his business with the Apostolic See, recording clearly and exactly each petition and reply.

2. The Finance Council

149. 1�. For the accountability and administration of the goods of the General Council and of the friars and fraternities directly dependent on it, the General Council has its proper Finance Council, under the presidency of the General Econome. (CN1280)

2�. The General Council approves statutes for the work of the Finance Council which should determine the number of its members, including experts.

3�. The Ministers Provincial are kept up to date on the economic situation of the General Council with an annual financial report prepared by the General Econome and signed by the Minister General.

150. To support the General Council and its activities every Province and Vice Province is to pay an equitable assessment. The actual sum is to be determined beforehand by the General Council after consultation with the respective Council of each Province or Vice Province.

3. The General Archivist

151. It is the duty of the General Archivist to order, take care of and catalogue the original or at least a copy of all the documents of the Order. These may be found either in various fraternities of the Order, in the archives of the Apostolic See, in civil or private archives and in various libraries.

152. Particular attention should be given to the collection of historical documents, titles, deeds, documents of purchase, contracts and the rare works of value compiled by the earlier writers of the Order.

4. The Postulator General

153. The Postulator General has the duty to promote the cause of canonization of the servants of God of our Order in collaboration with the local Ordinaries and the Congregation for the Cause of Saints. All information concerning friars, sisters and Secular Franciscans who have passed from this life and are greatly noted for their holiness is to be sent to him.

154. The Postulator is not to be removed from his office without first advising the Congregation for the Cause of Saints.

155. 1�. The Postulator is to administer the donations of the faithful offered for the causes, in accord with the instructions of the Congregation and to which he is to give an account each year in a formal report. The report together with the progress report of the causes, is to be presented first to the General Council.

2�. The Province that is promoting a cause of canonization appoints a local postulator who is to collaborate with the Postulator General.

5. The Director of Formation

156. The Director of Formation is the coordinator of the spiritual and intellectual development for the Order.

In collaboration with the Province Directors of Formation he shall promote courses of study for on-going formation which are proper to our charism.

6. The Secretary of the Missions

157. The Secretary General of the Missions has the duty to promote the work of evangelization in the Order.

He is the spokesman on the General Council for the needs of our missions and provides for their material needs and personnel.

He is the animator of the missionary spirit in the Provinces of our Order.

7. Other Offices

158. The duties and structure of all other offices are defined by the statutes of the General Council.

Chapter 7
General Statutes

THE PLENARY COUNCIL
OF THE ORDER

Constitutions: 202

Chapter 8
General Statutes

INTER-PROVINCIAL CONFERENCES

Constitutions: 203 

TITLE VI:
THE GOVERNMENT
OF THE PROVINCES

Constitutions: 204

Chapter I
General Statutes

THE PROVINCIAL CHAPTER

Constitutions: 205, 206

159. The Visitation, Chapter and election shall begin on the dates announced by the Minister General with the consultation of the Minister Provincial and his Council.

The date of the Visitation shall be announced at least two months beforehand by the Minister General.

The Minister General having consulted with his Council can, for serious reasons, anticipate or delay the Chapter for three months.

The Minister General or his delegate shall conduct the Visitation.

160. The Chapter members are divided into two classes: elected and ex-officio. The elected members shall be elected by all the eligible voters and shall be a majority of the total membership of the Chapter.

The ex-officio members shall include but not be limited to the present Minister Provincial and Council and the newly elected Minister Provincial and Council.

1: The timing of the
Chapter and Elections

Constitutions: 207, 208

161. If the election is held according to Method 1 (Direct Election), the Chapter is held immediately after the election under the direction of the President.

162. If the election is held in accord with Method 2 (in Chapter), the time of the election will be determined by the Chapter. The election will be preceded at least by the reports of the Visitator General and a period of recollection. Also, the Province may determine the time of election within the Chapter through its Provincial Statutes.

163. If the election is held in accord with Method 3 (determined by the Province), the time of the election will be determined by the Provincial Statutes.

2. Chapter Procedures

164. The Visitator presents to the capitulars his report on the religious observance noted during his canonical Visitation of the fraternities and friars.

The report of the outgoing Minister Provincial drawn up by him and his Council is examined. This report is to include the moral and economic state of the entire Province and the important events which occurred during his four year term.

Two examiners are to be nominated to review the economic administration of the Provincial Council during the past quadrennium.

165. After the report of the outgoing Minister Provincial has been examined and discussed, the Chapter is to make whatever decisions are necessary and useful to eliminate abuses that may have arisen and to promote the progress of the Province, principally in the spiritual life, the works of the apostolate and life in fraternity.

166. A copy of the Acts of the Chapter, officially signed by the President and Secretary of the Chapter and stamped with the seal of the Province, is to be kept in the Provincial Archives.

A summary, signed by the Provincial and his Secretary, is to be sent as soon as possible to the Minister General and to each religious fraternity in the Province.

167. It is the competence of the Provincial Chapter to establish or transfer the official residence of the Minister Provincial.

This decision must be promptly communicated to the Minister General.

Chapter 2
General Statutes

ELECTION OF A MINISTER
PROVINCIAL AND COUNCIL

Constitutions: 209, 210, 211

168. The Provinces may use one of the following systems of election:

1. Direct Election

The friars who have the right to vote shall receive ballots approved by the Visitator General and shall send them to the address (or person) decided by him. The counting of the ballots shall be done in the Province in the presence of the Visitator General.

The election of the Minister Provincial takes place first. If anyone in the first votation obtains an absolute majority, he is to be declared elected.

If a friar refuses election or if no one obtains an absolute majority, another votation is held between the two friars obtaining a relative majority and accepting nomination. The friar obtaining an absolute majority in this votation is elected as Minister Provincial.

Finally, another votation takes place to elect a Vicar and Provincial Councilors. A relative majority is sufficient for election. In this case the votes received for superior office are to be counted for the assignment of lower offices.

2. Election in Chapter

The election of the Minister Provincial and a Provincial Council may be done by the Provincial Chapter.

Other matters may be specified in the proper law of the Province.

3.Election by a System
determined by the Province

The Province may adopt a system of election and submit it to the General Council for approval. The system must conform to the norms of canon law, the Constitutions and the General Statutes.

169. For the transfer of authority from the outgoing to the incoming Minister Provincial and for the installation of the newly-elected officers, the Ceremonial of the Order is to be followed.

Chapter 3
General Statutes

THE PROVINCIAL
CONGREGATION

Constitutions: 212

170. At the first meeting of the Provincial Congregation, the Minister Provincial, the Vicar, the Provincial Councilors and the Provincial Secretary take the oath before the President to maintain secrecy about whatever is discussed in any of their meetings and whatever is entrusted to them by reason of their office.

171. The Minister Provincial nominates the Provincial Secretary. He is approved by the Provincial Council.

The Secretary does not have active voice.

172. 1�. In the Provincial Congregation, the elections and appointments to the various offices and positions are to be made at the proposal of the President. (C.171; GS 176)

2�. When the President proposes someone present, let the nominee leave the room to allow greater freedom for discussion.

3�. The Director of Professed, Director of Novices, Econome, Local Ministers and others are selected in accord with the qualifications for each office.

4�. Councilors for each local fraternity shall be chosen and the number of Councilors is to be determined by the number of friars in the fraternity.

5�. In appropriate cases the Local Minister, Councilors and Econome may be chosen in some other way.

Chapter 4
General Statutes

THE MINISTER PROVINCIAL
AND HIS COLLABORATORS
IN GOVERNMENT

Constitutions: 213, 214, 215

1 The Minister Provincial

173. The Minister Provincial considers the Councilors as his closest collaborators maintaining a close fraternal union with them and sharing with them the government of the Province.

However, the Minister Provincial has a necessary and proper autonomy in those matters that pertain to his authority especially those which demand an effective and rapid response.

174. In his annual report to the Minister General, the Minister Provincial shall give an account of matters of importance which have occurred in the Province during the course of the year, and in addition shall send the following information:

1�. a record of those who enter the novitiate, with the name, status, and the day of entrance of each.

2�. a record of those admitted to temporary and solemn profession, with the name, status and day of profession of each.

3�. a record of those who received Sacred Orders, with the name, and the date of ordination of each.

4�. a record of academic degrees received by the friars or anything else of note.

2. The Vicar Provincial.

Constitutions: 216

3. The Provincial Council

Constitutions: 217, 218, 219

175. The Provincial Council is to meet at least every four months or as often as the Minister Provincial considers it necessary for the importance of current business demands. At these meetings, only the Minister Provincial, the Vicar and the Councilors have the right to vote; however, the Provincial Statutes may allow the Commissary Provincial to vote in certain situations.

The friars are to be prudently notified of important matters which have been decided at the meeting of the Council.

176. At these meetings of the Council, the members are to especially discuss whatever concerns the spiritual and temporal good of the Province.

Moreover, the Councilors, at these meetings, can propose whatever they believe is for the welfare of the Province as long as they have previously advised the Minister Provincial.

177. The Provincial Council is to determine a suitable assessment to be paid by each fraternity.

178. At the beginning of each year, the Minister Provincial gives a report to his Council on the spiritual, fraternal, apostolic, and financial state of the Province. This meeting also considers the annual reports sent by the Local Minister.

4. The Provincial Secretary

Constitutions: 220

179. The Provincial Secretary is to be present at all meetings of the Council and the Plenary Council of the Province. It is the duty of the Provincial Secretary to record the acts of these meetings and to send them, according to the nature of the matter, to the General Council and to the friars of the Province.

He is to gather all information and documents which pertain to the life in the Order and to convey that information to the friars of the Province in a suitable way. Moreover he shall establish regular contact with the Secretary General and the fraternities of the Province.

5. The Plenary Council

Constitutions: 221

180. The Plenary Council of the Province, which is to have a large representation of friars may be called by the Minister Provincial to discuss, together with the Council the problems that are of importance to the life of the Province at least once every four years.

181. The proper law of the Province shall determine the number of friars to be elected, the method of their election and the procedures of the Council.

182. The members of the Plenary Council itself have only consultative voice, but the deliberations of the Council must be communicated to the Province.

TITLE VII:
PROVINCES,
VICE PROVINCES
& COMMISSARIATES

Chapter 1
General Statutes

ESTABLISHMENT
AND SUPPRESSION
OF PROVINCES

Constitutions: 222

1. Provinces

183. 1. A new Province may be formed by dividing a Province or uniting parts of various Provinces. In such cases the interested Provinces must be consulted.

2. To establish an Independent Vice Province as a Province it must have at least forty solemnly professed friars.

184. When a Province continues to have less than forty solemn professed friars, it must consult the General Curia concerning the more opportune decisions to be made. In particular, let the following be studied:

1�. the conditions enumerated above on the spiritual, fraternal, and apostolic vitality of the Province. (CN 222)

2�. a plan of development for the Province with the help of the Order.

3�. the financial situation of the Province for the care and the life of the friars.

4�. the eventual reduction of the numbers of the Provincial Councilors.

5�. the representation at the General Chapter.

6�. the will expressed by the two-thirds majority of the Province with regard to its juridical title.

2. Vice Provinces

185. If a Vice Province is to be established with friars and fraternities belonging to more than one Province, each Province shares in a fair way in the establishment of the new Vice Province working with each other in regard to the friars, fraternities, temporal goods and future planning.

186. To establish a Vice Province, there must be at least twenty solemnly professed friars, unless the General Council determines otherwise in a particular case.

3. Commissariates

187. The Provincial Chapter can establish a Commissariate with the approval of the Minister General and the consent of his Council. A Commissariate can be suppressed in the same way.

188. A Commissariate may be established for local fraternities which have a certain affinity among themselves but because of distance, language, or other valid reasons, cannot be taken care of by the Minister Provincial and Council. The number of friars who are to constitute a Commissariate shall be determined by the Provincial Statutes.

Chapter 2
General Statutes

GOVERNMENT OF
VICE PROVINCES
& COMMISSARIATES

Constitutions: 223

1 . Vice Provinces

189. The Council of a Vice Province is composed of a Vice Provincial and three Councilors, one of whom is the Vicar. The Council is elected in the same way as the Provincial Council. The Vicar takes the place of the Vice Provincial when he is absent or impeded.

190. The Vice Provincial and his Councilors are equivalent to a Minister Provincial and his Council. The Independent Vice Province is governed by the same norms as those which apply to a Province.

2. Commissariates

191. The Commissary and his Council, which must be at least two in number, shall be elected according to the Provincial Statutes.

192. The Commissary is the Vicar of the Provincial for the Commissariate. He takes part in the Provincial Chapter ex-officio and, when the Provincial Council treats of important affairs which concern the Commissariate, he has the right to vote in accord with the Provincial Statutes.

193. The Commissary should not initiate affairs of major importance without approbation of the Minister Provincial, as determined by the Provincial Statutes.

194. All other matters shall be determined by the Provincial Statutes.

TITLE VIII:
THE CANONICAL VISITATION

Constitutions: 224, 225, 226, 227

195. Canonical Visitations shall be announced at least two months bf:-forehand by letters to each fraternity of the Province. In this letter the Visitator shall ask the friars to recite the prescribed prayers, to have in readiness the books to be examined by the Visitator and that all members be present in their respective fraternities at the time of Visitation.

196. The particular books presented to the Visitator are: the books of visitations, reception and celebration of Masses, suffrages for the deceased, administration and acts of the fraternity.

197. The Visitation of persons, places and things is conducted in accord with the Ceremonial of the Order.

198. The Visitator shall speak personally with the friars and endeavor to understand the living conditions and the apostolates of the friars and the fraternities. He is to keep a record of replies and observations that pertain to the purpose of the Visitation.

199. When possible the Minister General and the Minister Provincial shall visit the friars informally for the purpose of promoting greater spiritual unity.

TITLE IX:
GOVERNMENT IN THE
LOCAL FRATERNITIES

Constitutions: 228

Chapter 1
General Statutes

THE LOCAL MINISTERS

Constitutions: 229, 230

200. The term of office for a Local Minister is four years. A Local Minister may have a second consecutive term in the same fraternity but not a third unless there is a grave reason. After the third term he cannot be elected to the same office either in this fraternity or another unless there has been a suitable interval.

201. Local Ministers are to watch over the administration of the goods of the fraternity without assuming the role of econome or interfering with his duties.

202. Without permission from the Minister Provincial, the Local Minister is not to undertake anything new that is of great importance.

203. The Local Minister must inform the Minister Provincial when he is to be away from his fraternity for more than ten days.

204. Each year, during the month of January, the Local Minister must send the Minister Provincial a report on the moral and economic condition of the fraternity, including any noteworthy happening during the past year. Before the report is sent to the Minister Provincial, it is to be reviewed by the Fraternity Council.

Chapter 2
General Statutes

THE LOCAL FRATERNITY
COUNCIL AND CHAPTER

Constitutions: 231, 232

Chapter 3
General Statutes

LIBRARY AND ARCHIVES

Constitutions: 233

205. In each fraternity a convenient place is to be set aside for a library where the books of the fraternity are to be kept.

206. The Local Minister together with his Council is to determine the annual allotment to be set aside for the purchase of books.

207. A capable friar is to be placed in charge of the library. He is to keep an inventory of all books and to catalogue them so that they can easily be found. He takes care that the books removed for private use are returned and that the library is always in good order. With the consent of the Local Minister he purchases those books which can aid the cultural, spiritual, theological and scientific development of the friars.

208. In fraternities of formation there is to be a separate library for the use of the friars. It is to contain those books which are useful for the studies and cultural development of the friars in formation.

Books of this nature are to be bought at the expense of the Provincial fund. Therefore, in accord with the mind of the Minister Provincial, these books can be transferred from one fraternity to another.

209. In the offices of the Provincial Council and in each fraternity, a place is to be set aside for the archives, where the archivist can carefully keep the documents and writings in good order.

TITLE X:
ADMINISTRATION
OF GOODS

Constitutions: 234, 235, 236, 237, 238

210. 1�. Each year the Minister General, the General Council and the offices of the General Council shall submit a budget to be approved by the Minister General with his Council.

2�. The Minister General may authorize expenditures up to $25,000 and needs the consent of the Council for amounts in excess of $25,000.

3�. The Minister General and Council by a collegial vote shall establish other regulations for the administration of goods for its own use.

211. Each juridic person of the Order shall establish a Finance Council in accord with the universal law. (CN1280)

212. At the end of his term in office, the Local Minister must provide the new Minister with an inventory of the more valuable and venerable goods of the fraternity and Church and also the books of administration signed by the Fraternity Council.

TITLE XI:
FRATERNAL CORRECTION

Constitutions: 239, 240, 241, 242

If anyone gravely neglects the form of life he has professed, he shall be admonished by the minister or by others who know his fault. (TOR Rule, Art. 24)

213. The following offenses are set forth as requiring punishment as a means of correction.

1�. grave injury to the reputation of another friar by spoken or written word.

2�. stubborn disobedience and public contempt for or serious conspiracy against legitimate authority.

3�. serious misuse of funds or other resources which belong to the fraternity.

214. Punishment for external violations of the law of the fraternity are ferendae sententiae and can be imposed by the major superiors alone or with the consent of his Council. In the latter case, the following process should be followed:

1�. The friar shall be given written notice of the offense by the Minister Provincial and called to appear before a meeting of the Minister Provincial and his Council and be given a hearing

2�. The Minister Provincial and his Council shall give their judgment by secret vote. If the friar is found guilty, he shall be punished with a penalty, not excluding deprivation of any office or position he may hold and of active and passive voice from one to three years according to the gravity of the offense.

215. In imposing any penalty, the norms of canon law and the particular law are to be observed.

TITLE XII:
TRANSFER FROM ONE
PROVINCE TO ANOTHER

Constitutions: 243, 244, 245

TITLE XIII:
LEAVING THE FRATERNITY
AND DISMISSAL OF A FRIAR
FROM THE ORDER

CHAPTER 1
General Statutes

LEAVING THE FRATERNITY

Constitutions: 246, 247

216.1�. A novice or friar who has completed his time of temporary profession can freely leave the fraternity. (CN 688,I)

2�. A friar in temporary profession who has serious reason to leave the fraternity may obtain a dispensation from the Minister General with the consent of his Council. (CN 688,2)

217. If, after the novitiate or profession, a friar has legitimately left the fraternity, he can be readmitted by the Minister General with the consent of his Council, without need of repeating the novitiate. However, it is up to the Minister General to determine a suitable probationary period before the profession of temporary vows or solemn vows in accord with Art. 53 of the

Constitutions. (CN 690,1)

218. With the consent of his Council, the Minister General can give a solemnly professed friar an indult of exclaustration for a serious reason but not beyond three years. If he is a cleric he must have obtained the prior consent of the Ordinary of the place in which he is to live. It is his duty to obtain this permission from the Bishop. The extension of this indult beyond three years is reserved to the Holy See. (CN 686,1)

219. A solemnly professed friar should not ask for a dispensation to leave the fraternity, except for the most serious reasons which he has weighed before God. The friar shall take his request to the Minister Provincial who will forward it to the Minister General. The Minister General with his recommendation and that of his Council will sent it to the Apostolic See to whom the indult is reserved. (CN 691,1,2)

220. A solemnly professed friar may leave our fraternity to affiliate himself with another religious institute or diocese only with the permission of the Ministers General of both institutes and the consent of their respective Councils. (CN 684,1-2; 685; 693)

221. 1�. A friar who has completed the time of temporary profession can, if there are just reasons, be excluded from a subsequent profession by the Minister Provincial, after hearing his Council. (CN 89,I)

2�. If physical or psychological illness is contracted, even after profession, and in the judgment of experts it renders the friar unsuitable to lead the life of the Order, this constitutes a reason for not admitting him to the renewal of vows or the profession of solemn vows, unless the illness was caused by the negligence of the Order or by work performed in the fraternity. (CN 689,2)

3�. If a friar in temporary vows becomes insane, he cannot be dismissed from the fraternity even though he cannot make a new profession. (CN 689,3)

222. For serious reasons the Minister General with the consent of his Council can ask the Apostolic See to impose exclaustration on a friar. The Minister Provincial concerned should provide for the friar in an equitable and charitable manner.

Chapter 2
General Statutes

DISMISSAL FROM
THE FRATERNITY

Constitutions: 248

223. 1�. A friar is automatically dismissed from the fraternity:

        1)  if he abandons the Catholic faith in a notorious manner.
             
         2)  if he contracts marriage or attempts to marry even Civilly.
              (CN 694,1)

2�. In these cases the Minister Provincial with his Council, once the proofs have been collected, makes official declaration of the fact so that the dismissal is juridically established. (CN 694,2)

3�. In case of grave external scandal or threat of serious injury to the Order, a friar may be dismissed immediately from a local fraternity, observing the requirements of Law. (CN 703)

224. A friar must be dismissed from the fraternity if he has violated canons 1395, 1397 or 1398, except for crimes listed in canon 1392,2 where different provisions may apply. (CN 695,1). The provisions of canon 695 are to be observed in the process of dismissal.

225. 1�. If the dismissal from the fraternity is not imposed by law, the Minister Provincial should first of all seek out the friar and warn him in a kindly manner and try to help him so that he may be brought to change his ways and persevere in his vocation.

2�. Before dismissing the friar from the fraternity, the Minister Provincial should fraternally encourage him to leave. In all this, he should help him as much as possible.

3�. If the fraternal warnings which he has given repeatedly and in writing as specified by law have been in vain, the Minister Provincial can proceed in accord with universal law. (CN 697, 698, 699, 700).

Chapter 3
General Statutes

EFFECTS OF DEPARTURE

Constitutions: 249

226. An exclaustrated friar is excused from those obligations which cannot be reconciled with the new condition of his life. He remains under the jurisdiction and care of his Minister Provincial and also under the jurisdiction of the Ordinary, if he is an ordained friar. He may use the habit of the fraternity unless otherwise stated in the indult. He does not enjoy active or passive voice. (CN 687)

227. By lawful dismissal the vows cease automatically as well as the rights and obligations ensuing from profession. If the dismissed friar is a cleric, he may not exercise sacred Orders unless he finds a Bishop who will receive him after a suitable period of probation in the diocese, according to the norm of canon 693, or at least will permit him to exercise sacred orders. (CN 701).

TITLE XIV:
OBSERVANCE OF THE
RULE AND CONSTITUTION

Constitutions: 250, 251, 251

228. A copy of the Rule, the Constitutions and the General Statutes is to be given to each friar in his own language so that he can better conform his life and behavior to the poor and humble man of Nazareth.

229. Recognizing that it requires a life-long process of conversion to achieve the purpose of the vows, a chapter of the Rule or the Constitutions is to be read publicly each Friday, except on the solemnities, to encourage the friars to achieve that goal through the duties of life in fraternity.

230. For a just cause the following are able to dispense from the laws and disciplinary precepts of the fraternity, unless expressly stated otherwise:

1�. The Minister General can dispense each and every friar in the entire Order.

2�. The Minister Provincial can dispense the friars of his own Province, unless the dispensation is reserved to the Minister General.

3�. The Local Minister can dispense the friars of his fraternity and any guests, unless the dispensation is reserved to the major superiors.

231. An habitual dispensation for the benefit of the entire Province belongs to the authority of the Minister General. An habitual dispensation for the benefit an entire fraternity belongs to the authority of the Minister Provincial.

Here ends the General Statutes.

I, Brother Francis, your little servant, ask and implore you in the love which is God (Jn. 4:16) and with the desire to kiss your feet, to receive these words and others of our Lord Jesus Christ with humility and love, and observe [them] and put [them] into practice. And to all men and women who will receive them kindly [and] understand their meaning and pass them on to others by their example: If they have persevered in them to the end (Mt 24:13), may the Father and the Son and the Holy Spirit bless them. Amen. (11 LF, 87,88)