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THE GENERAL CONSTITUTIONS

THE GENERAL STATUTES

OF THE ORDER OF FRIARS MINOR

ENERAL

URIA

OFM

Rome 2021

GENERAL CONSTITUTIONS

OF THE ORDER OF FRIARS MINOR

ONGREGATION FOR

ELIGIOUS

AND

ECULAR

NSTITUTES

Prot. M. 64-1/84

DECREE

The General Chapter of the Order of Friars Minor, celebrated in 1985 at Assisi, revised and

promulgated their Constitutions which had been renewed according to the wishes of the Second

Vatican Council and adapted to the current Canon Law. The Minister General with his

Definitory submitted them for approval to the Apostolic See.

The members of the Order of Friars Minor, following the footsteps of the poor and crucified

Christ, intend to live the Gospel radically in the Church according to the form which the

Seraphic Father and Founder of the Franciscan Family lived offered to his sons, and which

Pope Honorius III confirmed. For this reason, they seek to live according to the Gospel in a

spirit of prayer and in fraternal community. Inspired by the Seraphic Father himself, they

recognise all men as their brothers and they desire to serve them willingly in the spirit of

Franciscan minority as witnesses and heralds of penance, reconciliation, justice and peace. In

order that such a wonderful but difficult undertaking may be more effectively pursued, useful

assistance is offered to all the members of the Order not simply by the Rule composed by the

Seraphic Father and approved by the Apostolic See, but also by these Constitutions which have

been renewed.

After having examined the text through its Consultors and bearing in mind the favourable

decision of the Congressus of 30 September of this year, the Congregation for Religious and

Secular Institutes, by this present decree, approves and confirms the Constitutions of the Order

of Friars Minor, with the changes suggested by that same Congressus, according to the copy

written in Latin and retained in the archives of the Congregation.

The Friars Minor are to press forward with renewed vigour after the example of St. Francis

who followed Christ and the Church with a great love, in order that they may bear witness to

the men of our age about following the poor and crucified Christ, about the highest

contemplation, about zeal for the truth of the Gospel and about fidelity towards the Church. In

their Franciscan apostolate, they are to be constantly concerned to imitate the Seraphic Father

in his love and concern for all men, and especially for the poor.

For the rest, everything required by law is to be observed, all things to the contrary

notwithstanding.

Given at Rome on 8th December 1986,

on the Solemnity of the Immaculate Conception

of the Blessed Virgin Mary.

EROME

ARD

AMER

Prefect

†

INCENTIUS

AGIOLO

Archbishop

Secretary

ENERAL

URIA

OF THE

RDER OF

RIARS

INOR

Prot. 070101

DECREE

The general legislation of the Order - apart from the (approved) Rule which is its foundation

- now consists of two distinct juridical collections (cf. CIC 587), namely: THE GENERAL

CONSTITUTIONS, which, together with the Rule, constitute the fundamental code of

legislation, and GENERAL STATUTES, which gather together other norms, as a kind of

complement to the General Constitutions.

After a long and careful preparation, the General Chapter, celebrated in 1985 at Assisi,

worked out the text of the new General Constitutions and passed it so that it could be submitted

to the Apostolic See for approval.

By a decree of 8th December, 1986 the Congregation for Religious and Secular Institutes

approved and confirmed these same Constitutions with certain changes to the text proposed by

the Congressus of the Congregation.

Since all that the Congregation required has been carried out, using the faculties which

belong to us in virtue of our office and having obtained the decision of the General Definitory

given at its meeting on 22 July, 1987, by this present decree,

we promulgate and declare promulgated

THE GENERAL CONSTITUTIONS.

We declare and order that all the prescriptions contained in these Constitutions shall come

into force on 17 September, 1987.

May the most blessed Virgin, handmaid and mother of the Lord, the same “mother of mercy,

who brought forth a new army of the poor in her dwelling-place” (cf. Leg. S. Clarae, 8) of the

Porziuncola, the head and mother of our Order, grant us the help we need to be born continually

into the true life of the Friars Minor.

Given at Rome from the General Curia of the Order,

2nd August 1987.

OHN

AUGHN

OFM

Minister General

OUIS

RENNAN

OFM

Secretary General of the Order

ONGREGATION

FOR THE

NSTITUTES OF

ONSECRATED

IFE

AND

OCIETIES OF

POSTOLIC

IFE

The Vatican, 31

October 2003

Prot. 61-1/2003

DECREE

Reverend Father,

your letter of the 9

October last (Prot. n. 093694), through which you submitted, for the

approval of this Office, the request for the modification of articles n. 1 §2; 168; 169 §1; 170 §2;

171 §§1-2; 173; 174; 175 §2 of the General Constitutions of your Order according to the

attached text, arrived.

Not having found any irregularities or incompatibilities with the universal law of the Church

in the above mentioned petition, this Congregation for the Institutes of Consecrated Life and

Societies of Apostolic Life approves and confirms the modifications of the above mentioned

articles of the General Constitutions.

Taking advantage of the occasion, I am pleased to greet you cordially in the Lord.

DUARDO

ARD

ARTÍNEZ

OMALO

Prefect

Fr. J

ESÚS

ORRES

Sub-Secretary

ONGREGATION

FOR THE

NSTITUTES OF

ONSECRATED

IFE

AND

OCIETIES OF

POSTOLIC

IFE

The Vatican, 22

May 2004

Prot. M 64-1/97

DECREE

Reverend Father,

your letter of the 25

last (Prot. n. 094326), through which you submitted, for the approval

of this Office, the request for the modification of article 5 §2 of the General Constitutions of

your Order according to the attached Latin text, arrived.

Not having found any irregularities or incompatibilities with the universal law of the Church

in the above mentioned petition, this Congregation for the Institutes of Consecrated Life and

Societies of Apostolic Life approves and confirms the modification of the above mentioned

article of the General Constitutions.

Meanwhile, note is taken of the translations into Italian, Spanish and English of the text of

the new Formula of Profession refered to in art. 5 §2.

Taking advantage of the occasion, I am pleased to greet you cordially in the Lord.

†

RANC

ODÉ

Prefect

†

IERGIORGIO

ILVANO

ESTI

Secretary

ENERAL

URIA

OF THE

RDER OF

RIARS

INOR

Prot. 094742

DECREE

The General Chapter, celebrated in Assisi in May 2003, made some changes to the General

Constitutions, precisely to Articles: 1 §2; 168; 169 §1; 170 §2; 171 §§1-2; 173; 174; and 175

§2.

The Congergation for the Institutes of Consecrated Life and Societies of Apostolic Life,

through a letter of the 31

October 2003, approved them (Prot. n. 61-1/2003) and, at the request

of the Minister General, with the previous consent of his Definitory, through a Letter of the

May 2004, also approved Article 5 §2 (Prot. n. M 64-1/97), in which is given the Latin

text of the Formula of Profession, which is an exact translation of the Italian text approved on

the 29

March 2000 by the Congregation for Divine Worship and the Discipline of the

Sacraments (Prot. n. 1010/99/L).

We, therefore, having consulted the General Definitory during the Meeting of 5

July 2004,

in virtue of the faculties invested in us,

PROMULGATE

AND DELARE PROMULGATED

the following modified articles of the General Constitutions, that is: 1 §2; 5 §2; 168; 169 §1;

170 §2; 171 §§1-2; 173; 174; and 175 §2, and we ordain that the respective norms should come

into force from the 8

December 2004.

OSÉ

ODRÍGUEZ

ARBALLO

Minister General

ANDRO

VEREND

IGILLO

Secretary of the Order

Rome, 15

July 2004,

the Feast of St. Bonaventure

ONGREGATION

FOR THE

NSTITUTES OF

ONSECRATED

IFE

AND

OCIETIES OF

POSTOLIC

IFE

Prot. M. 64 -1/2003

DECREE

MOST HOLY FATHER

The Minister General of the Order

of Friars Minor, in the name of the General Chapter,

asks of Your Holiness

the approval of the modifications made to Art. 168

of the General Constitutions of his Institute.

The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, after

having examined the proposed modifications, by the present Rescript, approves and confirms

them, according to the Latin text, presented with the request of the 8th December 2009, a copy

of which is preserved in its Archives.

All things to the contrary notwithstanding,

Vatican City, 14th December 2009,

Franc Card. Rodé CM

Prefect

P. Sebastiano Paciolla O.Cist.

Undersecretary

ENERAL

URIA

OF THE

RDER OF

RIARS

INOR

Prot. 100621

DECREE

The General Chapter of the Order of Friars Minor celebrated in Assisi in 2009 changed the

text of Article 168 of the General Constitutions.

The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, by its

letter of 14th December 2009, approved the said change of text (Prot. N. M. 64-1/2003).

Therefore, after having obtained the opinion of the General Definitory in its meeting of

11th November 2009, by virtue of the faculties granted to us by our office, by means of the

present Decree,

WE PROMULGATE AND

DECLARE PROMULGATED

The amended text of Article 168 of the General Constitutions and we order that its

prescriptions have the force of law from 19th March 2010.

OSÉ

ODRIGUEZ

ARBALLO

OFM

Minister General

IDAN

RATH OFM

Secretary General of the Order

Given at Rome, 2nd February 2010,

The Feast of the Presentation of the Lord.

EDITOR

’

S NOTE

The General Definitory, following a carefully review of the respective texts during the Meeting

of 2

February 2010, also approved the translations of the General Constitutions into the three

official languages of the Order: English, Italian and Spanish, to be used while keeping in mind

that the authentic text is that in Latin.

ABBREVIATIONS AND ACRONYMS

1. Sacred Scripture

1 Cor

First Letter to the Corinthians

1 Pt

First Letter of Peter

1 Th

First Letter to the Thessalonians

1 Tm

First Letter to Timothy

2 Cor

Second Letter to the Corinthians

2 Tm

Second Letter to Timothy

Col

Letter to the Colossians

Eph

Ephesians

Heb

Hebrews

Gospel according to John

Gospel according to Luke

Gospel according to Mark

Gospel according to Matthew

Phil

Letter to the Philippians

Book of Psalms

Rom

Letter to the Romans

Book of tobit

2. Documents of the Church

Apostolicam Actuositatem

Ad Gentes

CIC

Code of Canon Law

Dignitatis Humanae

Evangelii Nuntiandi

Ecclesiae Sanctae

Gaudium et Spes

Lumen Gentium

Litt. SCR

Letter of the Sacred Congregation for Religious, “De S. Regula

eiusque interpretatione necnon de paupertate franciscana”

(2.11.1970)

Litt. CIVCSVA

Letter of the Congr. for Institutes of consecrated life and Societis of

apostolic life (31.X.2003)

Litt. CIVCSVA

Letter of the Congregation for Institutes of consecrated life and

Societis of apostolic life (22.V.2004)

ORSPR

Ordo romano-seraphicus professionis religiosae

Optatum Totius

Perfectae Caritatis

Presbyterorum Ordinis

Redemptor Hominis

Sacrosanctum Concilium

Unitatis Redintegratio

3. Writings of Saint Francis and Franciscan Sources

Adm

The Admonitions

AF X

Analecta Franciscana, vol. X

Ant. Laudes

Antiphon at Lauds

Ant. Magn

Antiphon at Magnificat

Bullarium Franciscanum

1 Cel

First Life of Thomas of Celano

2 Cel

Second Life of Thomas of Celano

CSun

Canticle of Brother Sun

FLtC

Form of Life given to Saint Clare

Leg Per

Legend of Perugia

LtC I

Letter to the Custodes I

LtCl

Letter to Clerics

LtF II

Letter to the Faithful II

LtM

Letter to a Minister

LtO

Letter to the Whole Order

Off Rhyth

Rhythmic Office

Rule of 1223 (approved by papal bull)

Rnb

Rule of 1221 (not approved by bull)

RSC

Rule of St. Clare

SBMV

Salutation of the Blessed Virgin Mary

Salute to the Virtues

Test

Testament

4. Documents of the Order

Bah

“The Gospel Challenges us”, Plenary Council, Salvador de Bahia

1983

CG 1979

Acta Capituli generalis ordinarii, Assisii 1979

GGCC

General Constitutions

CPO 81

“Document sur la formation” Plenary Council, Rome 1981

CPO 01

Plenary Council of the Order of Friars Minor, Guadalajara 2001,

Romae 2001

Mad

“La vocation de l’Ordre aujourd’hui”, Declaration of the General

Chapter, Madrid 1973

Med F

“De institutione in Ordine Fratrum Minorum,” Document of the

extraordinary General Chapter, Medellin 1971

Med M

“Vocatio missionaria franciscana in mundo hodierno”, Document of

the extraordinary General Chapter, Medellin 1971

OPR

Ordo romano-seraphicus professionis religiosae for the First Order

and Third Order Regular, 2001

5. Official Gazette of the Holy See

AAS

Acta Apostolicae Sedis

CHAPTER I

“TO OBSERVE THE HOLY GOSPEL

OF OUR LORD JESUS CHRIST”

(Rb 1,1)

TITLE I

The foundations of our Order

RTICLE

§1 The Order of Friars Minor, founded by St. Francis of Assisi, is a fraternity.

In this

fraternity the friars follow Jesus Christ more closely under the inspiration of the Holy Spirit;

through profession they dedicate themselves totally to God whom they love above all, living

the Gospel in the Church according to the form observed and proposed by St. Francis.

§2 The friars, as followers of St. Francis, are bound to lead a radically evangelical life,

namely: to live in a spirit of prayer and devotion and in fraternal fellowship; they are to offer a

witness of penance and minority; and, in charity towards all mankind, they are to announce the

Gospel throughout the whole world and to preach reconciliation, peace and justice by their

deeds;

and to show respect for creation.

RTICLE

§1 The Rule of the Friars Minor, confirmed by Pope Honorius III

is the foundation of the

life and legislation of the Order. Everything contained in it is to be understood and observed in

a living context

according to the mind of St. Francis especially as expressed in his writings,

and in keeping with the understanding of the Church and the sound traditions of the Order.

§2 For an ever-deeper knowledge and faithful observance of “the spirit of the Founder and

his aims”,

the friars are to endeavour to study, understand and venerate not only the Rule, but

also the writings of St. Francis and his followers.

RTICLE

§1 The Order of Friars Minor is made up of clerical friars and lay friars.

By their profession,

all friars are completely equal in their religious rights and obligations except for those that arise

from Sacred Orders.

§2 The Order of Friars Minor is included by the Church amongst the clerical Institutes.

RTICLE

§1 The Friars Minor, embodied in the People of God, paying attention to the new signs of

the times

and responding to the conditions of a developing world, are always to be of one mind

with the Church; they are to adopt as their own and foster as much as they can the Church’s

undertakings and aims.

§2 All the friars are to show obedience and reverence to the Lord Pope, to whom they are

bound in a special way by their Rule and by their vow of obedience.

In pastoral matters,

however, they are to be subject to the authority of the Bishop.

Moreover, they are always to

Cf. Rb 8,1; 12,3; Rnb 5,4; 18,2; 19,2; Test 27.33.

Cf. Test 14,15; CIC 573; 662.

Cf. Rnb 17,3.

Cf. Test 15.

Cf. GS 4.31.

Cf. PC 2b.

Cf. Rb 3,1-3; Rnb 3,3-10; 15,1; 17,5; 20,1; Test 18.38.

Cf. GS 4.

CIC 208; 209; 210.

Cf. Rb 1,2; CIC 590.

Cf. CIC 678,1.

follow bishops and priests with due honour and reverence, according to the desire and example

of St. Francis.

TITLE II

Profession

RTICLE

§1 In a more complete fulfilment of their baptismal consecration and in answer to the divine

call, the friars give themselves totally to God, their supreme love;

through profession of

obedience, poverty and chastity, which they are to live in the spirit of Saint Francis, they

contract a covenant with God and life becomes, as it were, for their whole existence, a sacrifice

offered to God in charity.

§2 In our Order, profession is made into the hands of one’s legitimate minister in these words:

To the Praise and Glory of the Most Holy Trinity,

I, Brother N.N.,

since the Lord inspired me

to follow more closely the Gospel

and the footprints of Our Lord Jesus Christ,

before the Brothers here present and

in your hands, Brother N.N.,

with firm faith and will:

vow to God, the Holy and Almighty Father,

to live all the days of my life

[or: for… year(s)]

in obedience, without anything of my own and in chastity,

and, at the same time, I profess

the life and Rule of the Friars Minor,

confirmed by Pope Honorius,

and promise to observe it faithfully

in accordance with the Constitutions of the Order of Friars Minor.

Therefore, I give myself to this fraternity with all my heart

so that, through the efficacious action of the Holy Spirit,

guided by the example of Mary Immaculate,

through the intercession of our Father St. Francis

and of all the Saints

and supported by your fraternal help,

I can constantly strive for perfect charity

in the service of God, of the Church and of mankind.

RTICLE

§1 In religious profession, the friars promise, by a public vow, to observe the three

evangelical counsels, are consecrated to God through the ministry of the Church and are

incorporated into the Order of Friars Minor with rights and duties determined by universal and

proper law.

§2 Not only must friars observe the evangelical counsels faithfully and in their entirety, but

they must also conduct their life in accordance with the Rule of Saint Francis, these General

Constitutions and other regulations of proper law and thus strive for the perfection of their

state.

Cf. Test 6.10.

Cf. LG 44.

Cf. CIC 607,1.

Cf. CIC 607,1; 654.

Cf. CIC 598,2.

RTICLE

§1 By their vow of obedience, the friars follow Jesus Christ who “placed his will at the will

of the Father”;

they deny themselves;

and they submit their own wills to their legitimate

Ministers and Guardians “in all those things which they have promised the Lord to observe”.

In this way they may attain more completely to personal maturity and the freedom of the

children of God.

§2 For the good of the Church and the Order, all the friars owe to the Minister General, the

legitimate successor of St. Francis, the highest obedience and respect, as a sign of the unity and

fellowship of the whole fraternity.

§3 “Through charity of the Spirit”, the friars “should voluntarily serve and obey one

another”;

together they should seek out the signs of the will of the Lord God.

RTICLE

§1 By their vow of poverty, Friars Minor follow Jesus Christ who “made himself poor for us

in this world”;

they renounce the right to use and dispose of material goods without the

permission of their Ministers and Guardians; indeed, after solemn profession they also renounce

the right of ownership. As humble servants they entrust themselves to the providence of the

heavenly Father.

§2 The friars are to recall that the highest poverty has its source in Christ and his poor

Mother; mindful of the words of the Gospel, “Go, sell all that you own and distribute the money

to the poor”,

they are to seek to share the lot of the poor.

§3 For the poor life of the Friars Minor, it is not sufficient that they submit totally to their

Ministers and Guardians in the use of things; rather they ought to be poor materially and

spiritually and ought to lead an industrious and sober life.

After the example of Christ they

ought to rejoice “when they live among people [who are considered to be] of little worth and

who are looked down upon, among the poor and the powerless, the sick and the lepers, and the

beggars by the wayside.

They ought to give clear evidence of all these things in an individual

and communal manner as well as in new ways.

RTICLE

§1 By their vow of chastity, the friars, “for the sake of the kingdom of heaven”,

lead a

celibate life in purity of soul

and body, so that with an undivided heart, they may ponder on

the things of the Lord,

and so that, in their evangelical and fraternal life, they may love “the

Lord God with every effort, with every affection, every emotion, every desire and every

wish”.

§2 All the friars are to consider chastity as a gift of God, which is a sign of the world to come

and a source of greater fruitfulness. All the aids, both natural and supernatural, recommended

by the Church and the Order are to be used in order to preserve this gift.

§3 Ministers, Guardians and all friars are to remember that chastity is preserved more

securely when charity thrives in community life; therefore, they are to give great attention to

fostering brotherly love in the fraternity.

LtF II 10.

Cf. Mt 16,24.

Rb 10,3.

Cf. PC 14.

Cf. Rb 1,3.

Rnb 5,14.

Rb 6,3.

Cf. CIC 600.

Lk 18,22.

Cf. LtF II, 47; CIC 600.

Rnb 9,2.

Mt 19,21.

Cf. Adm 16,2; CIC 599.

1 Cor 7,43.

Rnb 23,8.

Cf. CIC 599.

Cf. PC 12.

§4 To live the vow of chastity, the friars are to preserve purity of heart, and are to endeavour

to regard all creatures with humility and devotion, conscious that they have been created for

the glory of God.

TITLE III

Laws of the Order

RTICLE

The authentic interpretation of the Rule of Saint Francis is reserved to the Holy See. The

General Chapter, however, has the right to adapt the same Rule to the changing times; it also

has the right to make interpretations of the Rule, but these need the approval of the Holy See.

RTICLE

Those elements of the Rule which have been accepted in current Canon Law or which, with

the Holy See’s approval, have been declared authentically in the General Constitutions, are to

be understood and observed in the sense in which they have been accepted or declared there.

RTICLE

§1 The General Constitutions provide the basic norms to regulate the life of all friars

everywhere in accordance with the Rule.

§2 All the friars are to strive to observe with the greatest care, the laws contained in these

General Constitutions. Unless these are faithfully observed, fraternal fellowship and

evangelical perfection can hardly be achieved in a manner proper to the Order.

§3 The friars of Eastern-Rite Churches, who constitute an outstanding sign of the universality

of the Franciscan charism, are likewise to strive to observe these Constitutions and their

particular law.

RTICLE

The General Chapter is competent to enact, change, derogate from, complete and abrogate

the General Constitutions, with due regard for the requirements of c. 587,2.

RTICLE

§1 As complementary norms of the General Constitutions, the General Statutes are to be

observed by all.

§2 The General Chapter is competent to enact, change, derogate from, complete and abrogate

the General Statutes.

RTICLE

§1 The declarative interpretation of the General Constitutions belongs to the General

Chapter; their authentic interpretation however, is reserved to the Holy See.

§2 An interpretation of the General Constitutions made by the Plenary Council of the Order

or by the General Definitory as an administrative act, has force only for the cases for which it

was given.

§3 The authentic interpretation of the General Statutes belongs to the General Chapter.

Outside of Chapter, it belongs to the Plenary Council of the Order and the General Definitory;

such an interpretation has force only for those cases for which it was given until the next

General Chapter, unless it is approved by that same Chapter.

Cf. Rnb 23,2.

Cf. CIC 578; 587,1.

Cf. Test 6.10.

RTICLE

§1 Provinces and other entities of the Order (by whatever name they are designated) must

have their own particular Statutes, drawn up to meet the needs of places and times and in a way

that is not contrary to the norms of these General Constitutions and General Statutes.

§2 Special statutes and rules of order for the whole Order or for any one of its entities are to

be drawn up by the competent authority.

RTICLE

§1 No Minister can dispense from matters that pertain to the substance of religious life, or

from constitutive laws of the General Constitutions unless the contrary is expressly stated.

However, for a just and reasonable cause the Minister General can, with the consent of his

Definitory, dispense from laws contained in the General and particular Statutes.

§2 For a just and reasonable cause, even habitually in particular cases, the following can

dispense from disciplinary laws made by the Order, unless an exception has been expressly

made:

1. the Minister General in favour of individual friars in the whole Order;

2. the Minister Provincial in favour of his own friars, wherever they reside, and of other

friars staying in his Province, unless the dispensation is reserved to the Minister General;

3. the Guardian in favour of his own friars, wherever they reside and of others staying in

his district, unless the dispensation is reserved to the Ministers.

§3 However, the habitual dispensation in favour of the friars of an entire Province belongs

to the Minister General, while that in favour of the friars of an entire House belongs to the

Minister Provincial.

RTICLE

§1 Dispensations and other concessions of any kind granted in writing by the Ministers to

individual friars or fraternities do not lose force when the authority of the one who granted it

has expired, unless it appears otherwise from clauses added to the document.

§2 A favour denied by the Minister General or Minister Provincial cannot be granted validly

by the respective Vicar, even should the denial be mentioned, without the Minister’s approval.

Cf. CIC 587,4.

Cf. CIC 94; 95.

Cf. CIC 37; 46; 81.

Cf. CIC 65,1.

CHAPTER II

THE SPIRIT OF PRAYER AND DEVOTION

(cf. Rb 5,2)

TITLE I

The life of prayer

RTICLE

§1 Faithful to their profession, the friars, when they pray, follow Christ who gives thanks

most profoundly to the Father and “is living to intercede for us”.

§2 Following in the steps of Saint Francis, who “did not just pray but became totally a

prayer”,

removing every impediment and setting aside every care and anxiety, the friars are

to serve, love, honour and adore the Lord God with a clean heart and a pure mind”, since they

must pray continually and never lose heart”,

for “that is the kind of worshipper the Father

wants”.

RTICLE

§1 Mindful that they have been created in the image of the beloved Son of God,

the friars

are to praise the Father, the Son and the Holy Spirit along with all their creatures;

they are to

restore all good things to the Lord God Most High and give him thanks for everything.

§2 They are to exalt and celebrate with renewed joy each day the love which the Father,

“who created us and redeemed us and will save us by his mercy alone”, has for the world and

for us.

RTICLE

§1 Following the example and teaching of St. Francis, the friars are to have “all possible

reverence and honour”

for the Sacrament of the Most Holy Body and Blood of the Lord,

because in it is contained the entire spiritual good of the Church.

The friars are to foster in

themselves by suitable means the love and diligent care for this great Mystery.

§2 All friars who live in the same place or who happen to be there are to make every effort

to celebrate the Most Holy Eucharist in common every day, purely and with reverence, so that

it may be truly the centre and source of the whole fraternal fellowship.

§3 Right up to his death Saint Francis wanted “these most holy mysteries to be honoured

above all things and to be reverenced and to have them reserved in precious places”.

Following his example, the friars are to have at least an oratory in every house wherein to

reserve the Most Holy Eucharist so that fraternal fellowship and devotion towards so great a

mystery may be fostered.

RTICLE

§1 Since the life and Rule of the Friars Minor is the observance of the Holy Gospel,

the

friars are to apply themselves to the reading and meditation of the Holy Gospel and the other

Heb 7,25.

2 Cel 95.

Lk 18,1.

Jn 4,23; Rnb 22,26.29-30.

Cf. Adm 5,1.

Cf. CSun 3.

Cf. Rnb 17,17.

Rnb 23,8.

LtO 12.

Cf. PO 5.

Cf. Test 11.

Cf. LtO 12.30-33; CIC 663,2; 902.

Test 11; CIC 608.

Cf. Rb 1,1.

Scriptures,

so that by increasing their understanding of the Word of God, they may attain to

the perfection of their state more fully.

§2 As followers of Saint Francis, the friars are to have the greatest veneration for “the most

holy names and words” of the Lord and they are to preserve them with reverence”;

they are

to conduct sacred celebrations of the Word of God in common and with the people of God.

RTICLE

§1 The friars are to celebrate the Liturgy of the Hours as the Rule prescribes

so that the

whole course of the day and night may be consecrated by the praise of God.

§2 Wherever friars live or come together, the Liturgy of the Hours is to be their common

prayer and as a rule it is to be celebrated in common, without prejudice to the friars’ freedom

to recite the Office of the “Our Father” according to the Rule.

§3 The common celebration of the Liturgy of the Hours pertains not to a specific place but

to the fraternity. However, a church or oratory is to be preferred, because it is a holy place and

because the people of God can take part in the prayer of the friars more easily there.

RTICLE

Solicitous for the spirit of prayer and devotion, all the friars are to devote time each day to

mental prayer, either by themselves or in common.

RTICLE

The Statutes are to determine the time and other circumstances of common celebrations and

common prayer, such as the Eucharist or the Liturgy of the Hours, or the Word of God, or

mental prayer.

RTICLE

§1 The friars are to attach great importance to pious exercises, sanctioned by the tradition of

the Order, which are centred on the mysteries of Christ’s life and which foster union with him.

§2 The friars are to have a special devotion to the Virgin Mary, in the mystery of the

Immaculate Conception, for she is “the Virgin made Church”.

They are to make known and

foster Franciscan forms of the cult of Mary, and are to imitate the Patroness of the Order, who

called herself “the handmaid of the Lord”.

§3 Moreover, the friars are to have devotion to the Seraphic Father Francis and are always

to follow his life and teaching since he is “the model of the minors”.

§4 All pious exercises are to be firmly rooted in Sacred Scripture and theological doctrine,

and they are to be adapted to the liturgical norms of the Church.

RTICLE

§1 Remaining faithful to their resolve to live among simple people, the friars are to promote

sound forms of popular piety by which they can nourish the Christian life of the faithful as well

as their own.

§2 The friars are to strive to pray with the people, taking on the reality of their lives and

sharing sincerely in their hope and faith.

Cf. PC 6; CIC 663,3.

Test 12.

Cf. SC 84.

Cf. Rb 3,3; RC1 3,3.

Cf. CIC 663,3.

SBMV 1; cf. CIC 663,4.

Lk 1,38.

Cf. SC 13.

RTICLE

§1 Keeping in mind that all temporal things must be subordinate to the spirit of holy prayer

and devotion, the friars are to take care that this spirit suffers no harm from an excess of

activity.

§2 In order to keep in their hearts the good things that the Lord reveals to them,

the friars

are to exercise a necessary discretion in the use of the communications media.

RTICLE

The contemplative dimension of our Franciscan vocation is to be encouraged even by new

forms of prayer; these should respond to the sensitivity of today’s world so that the willingness

to pray might be increased as well as projects for community and individual prayer.

RTICLE

§1 To strengthen their spirit of prayer and devotion, the friars are to observe faithfully a

period of recollection at the appointed time as well as the retreat each year.

§2

The duration of recollection and the retreat, as well as other new forms and circumstances

which help cultivate the spirit of prayer, are to be determined in the Statutes.

RTICLE

§1 Each and every friar must desire that hermitages or places of retreat and solitude should

be set up as a witness to the contemplative life that flourishes in our Order.

§2 When friars who are called to this life for a shorter or longer period make a reasonable

request, their Ministers are to grant them permission with the Lord’s blessing.

§3 The life of the friars in these places can be governed by that simple rule which the

Seraphic Father himself composed for hermitages, adapted to the particular conditions, or by

norms enacted in accordance with the Statutes.

TITLE II

Life of penance

RTICLE

§1 The Lord has kindly given the Friars Minor the gift “to begin to do penance”.

Always

heeding the words of Jesus Christ, “Repent and believe the Good News”,

the friars are to

renew without ceasing their spirit of conversion.

§2 The friars are to remember that on leaving the world

they renounced the spirit of the

flesh as contrary to all that is good;

therefore, they are to seek to bear fruit worthy of penance

through a constant conversion of their heart, mindful of the words of St. Francis: “they must

desire above all things to have the Spirit of the Lord and his holy manner of working (within

them)”.

§3 Just as Saint Francis began a life of penance by serving lepers and saw Jesus Christ in

them, so the friars are to seek to serve the least of humanity in penance, recognising in them

the Son of God.

RTICLE

§1 The Father, who is rich in mercy, has reconciled us to himself through Christ, and has

given to all men and women the ministry of reconciliation. The friars, therefore, are to be

Cf. Rb 5.

Cf. Adm 21,2.

Cf. CIC 666.

Cf. Acta Cap. Gen. 1979, QV 173.

Cf. CIC 663,5.

Test 1.

Mk 1,15.

Cf. Test 4.

Cf. Rnb 22,9; Adm 12,2.

Rb 10,8.

Cf. Mt 25,31-46; Rnb 23,4.

reconciled to the Lord God, to themselves, to the fraternity and to all of humanity. They are to

exercise this ministry in their words and deeds, acting as ambassadors of Christ.

§2 Remaining steadfast under the correction of God’s mercy, the friars “are to examine

themselves most diligently daily”

so that they may observe more sincerely the Rule that they

have accepted.

They are to approach the sacrament of reconciliation frequently

and they are

always to begin to serve the Lord God.

§3 Mindful that penance or conversion has a social aspect, the friars are to seek to celebrate

the sacrament of reconciliation in common among themselves, and with the people of God, in

accordance with universal law.

RTICLE

§1 In a spirit of conversion, the friars are to accept gladly the sufferings of this present time

and have patience in tribulation, so that, while sharing in Christ’s suffering, they may be filled

with perfect joy.

§2 Fasting and other works of penance, according to the needs of places and times, are to be

practised in common, in accordance with the Statutes, as a sign of the Order’s sharing in the

mystery of the Passion of Jesus Christ and in order to bring relief to his members who are

suffering from hunger, poverty, sorrow and hardship.

§3 The friars are to consider the period from the feast of All Saints to Christmas, the season

of Lent and every Friday as times of penance.

RTICLE

§1 When any friar falls ill, he is to bear his infirmity with patience and in peace, and is to

give thanks to his Creator, knowing that every day he is carrying the holy cross of our Lord

Jesus Christ.

§2 The friars who are ill or who are advanced in years are to be comforted by a community

celebration of the Sacrament of the Anointing of the Sick and by the Mystery of the Body of

Christ.

RTICLE

§1 When our sister bodily death approaches, the friars are to be refreshed by Holy

Communion as viaticum.

As far as possible, this viaticum is to be a community celebration.

§2 All the friars, following the example of St. Francis, are to remember that death is the

passage from mortal life to the glory of the Lord and a final offering of life by which profession

is brought to perfection.

RTICLE

The friars are to pray for the deceased friars,

for their parents and for the benefactors of the

Order, in accordance with the Statutes.

Cf. 2Cor 5,18-20.

1 Cel 42.

Cf. 1Cel 34.

Cf. CIC 664.

Cf. 1Cel 103.

Cf. Rom 8,18.

Cf. 1Pt 4,13.

Cf. Rb 3,5-6; CIC 1250.

Cf. Rb 10,9; Rnb 10,3; CSun 10-11; Adm 5,8.

Cf. CIC 1001; 1004.

Cf. CIC 921,1.

Cf. CSun 12-13.

Cf. Rb 3,4.

CHAPTER III

“YOU ARE ALL BROTHERS”

(Mt 23,8; RnB 22,23)

TITLE I

Fraternal fellowship

RTICLE

As sons of the heavenly Father and brothers of Jesus Christ in the Holy Spirit,

the friars,

following the Gospel way of life revealed by the Lord to St. Francis,

lead a brotherly life in

common,

and love and support one another more than a mother loves and supports her child

according to the flesh.

RTICLE

Since the love of God that has been poured into their hearts by the Holy Spirit,

all the friars

are to have among themselves, to the highest degree, a family spirit

and mutual friendship.

They are to practise courtesy, cheerfulness and all other virtues in such a way that, united in

real fraternity and encouraging one another unceasingly to hope, peace and joy,

they may

achieve full human, Christian and religious maturity.

RTICLE

Every friar is a gift of God to the fraternity.

Therefore, even though they possess different

characters, cultures, customs, talents, abilities and qualities, the friars are to accept one another

just as they are and as equals, so that the whole fraternity may become a privileged place of

meeting with God.

RTICLE

All the members of the Order are brothers and minors in name and in fact, although they

may exercise different offices, duties and ministries in the Order.

RTICLE

§1 In order to promote fraternal union all the more, the friars are to anticipate one another in

mutual love, serve one another with a ready heart, encourage useful undertakings and rejoice

when the work of others is successful.

§2 The life of fraternal fellowship demands the following from the friars: a single-minded

observance of the Rule and Constitutions; a similar lifestyle; sharing in the activity of the life

of the fraternity, especially in common prayer, evangelisation and domestic duties; and the

handing over of all financial gains for the use of the fraternity, whatever their source.

RTICLE

Friars are to refrain from any activity that may harm the fraternal union. If, however, “there

should be some brother who wishes to live according to the flesh and not according to the Spirit,

the brothers with whom he is [living] should admonish, instruct and correct him humbly and

diligently”.

Cf. LtF II 49-53.

Cf. Test 14.

Cf. CIC 607,2.

Cf. Rb 6,8.

Cf. Rom 5,5.

Cf. Rb 10,5.

Cf. Rnb 7,16.

Cf. Test 14.

Cf. Mad 12.

Cf. CIC 668,3.

Rnb 5,5.

RTICLE

All the friars must serve the weak, the sick and the elderly among them” as they would wish

to be served themselves”.

Therefore, all the friars, and particularly the Ministers and

Guardians, are to show great care for them, visit them, offer appropriate help to them for their

personal needs, both spiritual and material, and express to them grateful appreciation.

100

RTICLE

§1 In close union with the friars entrusted to them, the Ministers and Guardians are to seek

to build up the fraternity “as a family united in Christ”

101

in which God is sought above all

things. In their practice of virtue and in their observance of the laws and traditions of the Order,

they are to be an example to the friars.

102

§2 In order to promote responsible and active obedience, the Ministers and Guardians are to

listen to the views of the friars either separately as individuals or in meetings; in fact, they are

to ask for these views and encourage them, without prejudice, however, to their authority to

decide and command what must be done.

103

§3 The friars are to offer assistance willingly to the Ministers and Guardians, on whom a

heavier burden has been laid; they are to make their views known to them and put their

decisions into practice wholeheartedly and in a spirit of faith.

RTICLE

The Guardian, along with the friars in the local chapter, is to arrange the domestic life in a

suitable way in the interest of a genuine, real and intimate fraternity.

RTICLE

In order to safeguard the family life of the fraternity, enclosure is to be observed in every

House, in accordance with the Statutes, in such a way that a part of the House always remains

reserved to the friars alone.

104

RTICLE

§1 In accordance with the Rule and the tradition of the Order, the common habit of the Friars

Minor consists of a brown tunic with a capuche, and a white cord.

105

The friars are to wear it as

a sign of their Franciscan life.

106

§2 In the use of clothes and footwear the friars are to be attentive to poverty and humility

and are to refrain from anything which smacks of vanity.

107

RTICLE

The Ministers and Guardians and all the friars are to take great care that the more important

events of the Order become known not only to the friars, but to others as well.

RTICLE

Wherever they may be, the friars are to visit and help one another spiritually and

attentively.

108

In order to carry out this command of St. Francis more easily and more

completely, adequate norms regarding the relationships between the various entities of the

Order are to be provided in the General Statutes and in particular Statutes.

Rb 6,9.

100

Cf. CIC 619.

101

ES II,25.

102

Cf. CIC 619.

103

Cf. PC 14; CIC 618.

104

Cf. CIC 667,1.

105

Cf. Rb 2,14-15; Test 16.

106

Cf. CIC 669,1; 1Cel 22.

107

Cf. Rb 2,14-15; CIC 282,1; 284.

108

Cf. Rnb 7,15.

RTICLE

The friars are to exercise a fitting and gracious hospitality towards everyone, but especially

towards their brothers and sisters of the whole Franciscan family.

RTICLE

In order that their fraternal life in Christ Jesus may become the leaven of fellowship among

all mankind, the friars are to receive everyone with kindness and be well-disposed to friend and

foe alike,

109

whether they come to us, or we go to them.

110

RTICLE

As a witness to their poverty and charity, the friars are bound to relieve the needs of the

Church, offer assistance to those who are in real necessity, and share what they have with the

poor, out of the goods destined for the use of the fraternity,

111

in accordance with the particular

Statutes.

RTICLE

§1 The Ministers and Guardians, as well as the other friars, are to fulfil their family

obligations towards the parents, relatives and benefactors of the friars in an appropriate manner,

and they are to include them in the prayers of the fraternity.

§2 Assistance is to be given to the parents of friars who are in need, commensurate with their

necessity and in accordance with the decision of the Minister and Guardian.

TITLE II

Relations with the entire Franciscan Family

RTICLE

§1 The friars are to bear in mind at all times that the charism granted by God to St. Francis

reveals and manifests its manifold fruits not only among the Friars Minor but also among the

other members of the Franciscan family.

§2 The friars are to endeavour with all their might to nourish and promote the full

development of this Franciscan charism among all those who are imbued with the spirit of St.

Francis; they are to seize any opportunity to come together to offer assistance in common

undertakings.

§3 Spiritual assistants of every entity and level of the Franciscan family are to be chosen

with care, in accordance with universal and proper law.

RTICLE

§1 Fully acknowledging their close relationship with one another, and recognising in them

the same charism, the friars are always to have great care and concern for nuns of the Second

and Third Order of St. Francis.

112

§2 It is the duty of the First Order to maintain and watch over the spiritual union with nuns

of the Second and Third Order, as well as to encourage their federations; their autonomy of life,

however, particularly that of government, is always to be safeguarded.

RTICLE

§1 The Ministers exercise that authority over monasteries of nuns associated with our Order

in accordance with CIC 614 which is set down in the nuns’ own law.

§2 The Ministers Provincial who have the duty of visiting monasteries of nuns in accordance

with their law, are to carry out this task at suitable times either personally or through

delegates.

113

109

Cf. Rnb 7,14.

110

Cf. Mad 15,17.

111

Cf. CIC 640.

112

Cf. FLtC 2.

113

Cf. CIC 628,1.

RTICLE

In order that the contemplative life of the monasteries of nuns may flourish the more perfectly

and effectively in the Church and in the world, the spiritual assistants are to help the nuns to

form themselves in the spirit of prayer, in a living witness of genuine poverty and in missionary

zeal.

RTICLE

Insofar as necessary and possible, the Ministers and Guardians are to strive to offer spiritual

support to the brothers and sisters of the Third Order Regular, of Franciscan Secular Institutes

and of Franciscan Societies of Apostolic Life; they are also to strive to promote co-operation

with them in the works of evangelisation.

RTICLE

§1 The First Order has been entrusted with the care of the Secular Franciscan Order. This

displays the spirit of St. Francis in the world; it shares in the life, witness and mission of the

Franciscan charism and it makes its own necessary and complementary contribution to the

fullness of that charism.

114

§2 The Friars Minor are to value the Secular Franciscan Order, assist it with special care,

and foster it through reciprocal vitality and mutual assistance, in such a way that it may be

imbued all the more with a genuine Franciscan spirit and may be promoted in the world,

especially among the young.

115

RTICLE

§1 The Minister General and the Minister Provincial, as well as having the power to erect

and visit the fraternities, exercise a wide authority in the Secular Franciscan Order, in the

manner determined by the Rule and the proper law of the Secular Franciscan Order.

116

§2 The friars are to give spiritual and pastoral assistance willingly as is prescribed in the Rule

and the proper law of the Secular Franciscan Order.

RTICLE

The spiritual assistants shall take care that all brothers and sisters of the Secular Franciscan

Order, faithfully following the footsteps of Saint Francis, spread throughout the world the

message of the Gospel and that specific form of Franciscan spirituality regarding fraternity,

witness and ministry.

RTICLE

With due regard for the requirements of law, the Ministers Provincial enjoy the faculty of

erecting, within the territory of their own Province, modalities of associations of the faithful

which are in some way related to the Order. They have the power to delegate this to other

friars.

117

114

Cf. CIC 303; 677,2.

115

Cf. CIC 677,2.

116

Cf. CIC 303; 312,2.

117

Cf. CIC 312,2.

CHAPTER IV

“PILGRIMS AND STRANGERS IN THIS WORLD”

(1Pt 2,11; Rb 6,2)

TITLE I

Peaceful and humble

(cf. Rb 3,11)

RTICLE

As followers of Jesus Christ, “Who humbled himself, even to accepting death”,

118

and

faithful to their specific calling as Minors, the friars are to go through the world “in joy and

gladness”

119

as the servants and subjects of all, peaceful and humble of heart.

120

RTICLE

Conscious “that what a man is before God that he is and nothing more”,

121

the friars are to

acknowledge God as their supreme and only good; they are to strive to please him always in all

things, and they are to be glad that they are thought of as worthless, simple and despicable.

122

RTICLE

§1 In order that they may follow more closely and express more clearly the self-emptying of

the Saviour,

123

the friars are to have the life and condition of the little ones in society, always

living among them as minors. In this social environment they are to work for the coming of the

Kingdom.

124

§2 By their way of life, as a fraternity and as individuals, the friars are to behave in such a

way that no one is kept from them, particularly those who usually are socially and spiritually

neglected.

RTICLE

Constantly denying themselves

125

and in an uninterrupted conversion to God, the friars are

to display a prophetic image by the example of their lives, in order to refute “the false values”

of our age.

126

RTICLE

§1 The friars are to live in this world as promoters of justice and as messengers and agents

of peace,

127

overcoming evil and doing good.

128

§2 The friars shall proclaim peace by word and cherish it so deep in their hearts that no one

is stirred to anger or scandal, but rather that everyone is called back to peace, meekness and

kindness through them.

129

RTICLE

§1 In protecting the rights of the oppressed, the friars are to renounce violent action and have

recourse to means that are otherwise available even to the powerless.

130

118

Phil 2,8.

119

Adm 20,2.

120

Cf. Rnb 16,6; LtF II,47; SV 16-18.

121

Adm 19,2.

122

Cf. Adm 19,1.

123

Cf. LG 42.

124

Cf. Mad 22; Bah 28.29.

125

Cf. Rb 2,17; Rnb 1,3; 17,14.

126

Cf. Bah 31.

127

Cf. Mad 16; Bah 38; Med F 56b; Med M 25.26.

128

Cf. Rom 12,21.

129

Cf. Rb 3,11; Rnb 14,2-4; Test 23; Mad 31.

130

Cf. Med M 27.

§2 Conscious also of the terrible dangers that threaten the human race, the friars are to

denounce in the strongest terms every kind of warlike action and the arms race as a very serious

calamity for the world and a very great injury to the poor;

131

they are to spare neither work nor

sacrifice to build up God’s kingdom of peace.

132

RTICLE

Freed of all fear by the poverty they have chosen and joyfully living in the hope that is based

on the promise,

133

while also promoting mutual acceptance and benevolence among men and

women, the friars are to be instruments of the reconciliation that has been brought about by the

cross of Jesus Christ.

RTICLE

Following closely in the footsteps of Saint Francis, the friars are to maintain a reverent

attitude towards nature,

134

threatened from all sides today, in such a way that they may restore

it completely to its condition of brother and to its role of usefulness to all mankind for the glory

of God the Creator.

135

TITLE II

They shall not acquire anything as their own

(Mt 16,24; RB 6,1)

RTICLE

§1 As pilgrims and strangers in this world, having given up personal property, the friars are

to acquire neither house nor place nor any other things for themselves, in accordance with the

Rule.

136

Therefore they are to dedicate themselves and everything they use for their life and

work to the service of the Church and the world in poverty and humility.

§2 The buildings that are constructed for the friars and everything which the friars buy for

themselves or which they use are to be in keeping with poverty according to the circumstances

of places and times.

137

§3 Goods that are given for the use of the friars are to be shared for the benefit of the poor

in accordance with what the particular Statutes legitimately prescribe.

RTICLE

The ownership of buildings and goods that the friars need for their lives and work is to remain

in reality under the control of those whom the friars serve - benefactors, Church or the Holy

See.

RTICLE

§1 If a candidate for the Order has property, he is to dispose of it before temporary profession

in such a way that, while he retains ownership for himself, he consigns the administration,

usufruct and use of these goods during the time of his temporary vows to whomever he pleases,

but not to the Order. This must be done by way of a valid document.

138

§2 To change these dispositions for a just reason, and to take any action concerning this

property, the permission of the Minister Provincial is required in accordance with the particular

Statutes.

139

131

Cf. Bah 38.

132

Cf. Med M 25-27; Bah 32-36.

133

Cf. Mad 24.

134

Cf. CSun; SV 18.

135

Cf. Mad 25.

136

Cf. Rb 6,1; Test 24.

137

Cf. Test 24.

138

Cf. CIC 668,1.

139

Cf. CIC 668,2.

RTICLE

§1 By virtue of the vow of poverty, in accordance with the Rule, each friar who is about to

make solemn profession must, before that profession, renounce in writing the ownership of all

that he actually possesses or will possess through necessary inheritance. This act of

renunciation will come into force on the day of profession.

140

The property is to be assigned to

a person or persons of his choice, but preferably in favour of the poor. It is not lawful for him

to keep back anything for himself in any way.

141

§2 No friar, for any motive, should dare to induce a friar about to be professed to leave

anything to him or to the Order.

142

§3 The particular Statutes shall indicate what is to be done so that a renunciation of property

before solemn profession will have force in civil law from the day of profession.

143

TITLE III

“They should do their work faithfully and devotedly”

(Rb 5,1)

RTICLE

§1 Led by the spirit and example of Saint Francis, the friars, like those who are truly poor,

are to consider work and service as a gift of God.

144

For this reason they are to present

themselves as little ones of whom no one is afraid, because they seek to serve and not to

dominate.

145

§2 Recognising that work is the ordinary and chief way of providing what is needed, each

and every friar should serve and “should work faithfully and devotedly”,

146

fleeing idleness

which is “the enemy of the soul”.

147

RTICLE

§1 The friars are to strive to have the habit of working.

148

They can exercise their own craft,

“if it is not against the good of the soul and can be performed honestly”.

149

§2 The friars are to be attached to no specific work, as if it were their own, even if they have

laboured at it for a long time; they are always to be ready to give up places and undertakings

and to take on new and necessary tasks.

RTICLE

§1 With the freedom the Rule grants them in choosing work, and with a view to times,

regions and needs, the friars are to choose those activities in which their witness of Franciscan

life will shine forth.

150

In a particular way they are to seek the aspect of solidarity and service

to the poor.

151

§2 The support of life must be neither the primary purpose nor the sole norm in choosing

work.

152

Indeed the friars are to be prepared to offer their service without remuneration.

RTICLE

§1 In selecting any work or service, account is to be taken of fraternal life, both at local and

provincial level from which no friar may exempt himself. Account is also to be taken of the

140

Cf. CIC 668,4.5.

141

Cf. Rb 1,1; 2,5; Rnb 1,1-3; 2,4.

142

Cf. Rb 2,7-8; Rnb 2,2-3, 5-6.

143

Cf. CIC 668,4.

144

Cf. Rb 5,1.

145

Cf. Mt 20,28; Mad 19.

146

Rb 5,1.

147

Rb 5,2; cf. Test 21.

148

Cf. Med F 54b-c.

149

Rnb 7,3; cf. Test 20.

150

Cf. CIC 671.

151

Cf. Rnb 9,2; Med F 54e; Mad 28.

152

Cf. Rnb 22,25; Test 21; Mad 29.

talents of each friar in such a way that an activity may be taken on and carried out co-

responsibly in fraternity, in accordance with the dispositions of the particular Statutes.

153

§2 As remuneration for their work the friars are to accept what is necessary, and they are to

do this humbly.

154

However, whatever they acquire by their personal labour, or on behalf of the

Order, or whatever comes to them in any way through a pension, grant or insurance is acquired

by the fraternity.

155

RTICLE

§1 As far as possible the domestic work in our fraternities is to be done by all the friars

themselves.

156

§2 When others work for the fraternity, the norms of civil law must be observed with justice.

RTICLE

When the fruits of their work and other means do not suffice for the support of the fraternity,

the friars are to have recourse to the table of the Lord

157

and they are to “go begging for alms

with full trust”,

158

in accordance with the norms of the Statutes.

159

RTICLE

§1 All the friars are to use money in a way that befits the poor and with a strong sense of

responsibility to the fraternity, “as is fitting for servants of God and followers of the most holy

poverty”.

160

§2 In the use of money the friars are to be wholly dependent on the Ministers and Guardians,

not only as regards asking permissions, but also in presenting an accurate account of income

and expenditures.

§3 The friars, especially the Ministers and Guardians, are to avoid carefully any kind of

accumulation, bearing in mind the needs of the poor.

161

153

Cf. Med F 54c.

154

Cf. Rb 5,34.

155

Cf. CIC 668,3.

156

Cf. CPO 81 21.

157

Cf. Rnb 7,8; Test 22.

158

Rb 6,2.

159

Cf. CIC 1265.

160

Rb 5,4.

161

Cf. Litt SCR, 2.11.1970.

CHAPTER V

GOD HAS SENT YOU INTO THE ENTIRE WORLD

FOR THIS REASON

(LtO 9)

TITLE I

The friars have been called to evangelize

RTICLE

§1 As the Son was sent by the Father, so all the friars, guided by the Holy Spirit, are sent to

proclaim the Gospel in the whole world, to every creature and to make everyone know by the

witness they give to his voice, that no one is all-powerful except God.

162

§2 All the friars are to share in the task of evangelisation that belongs to the whole Church.

After the example of Saint Francis, who “made a tongue out of his whole body”,

163

they are to

be ready to receive the inspiration of the Lord,

164

and, wherever they have been called and sent,

they are to build up all the nations in word and deed through the purity of their entire life.

165

RTICLE

Wherever they are and whatever they do, the friars are to dedicate themselves to the task of

evangelisation: in fraternal fellowship through their contemplative and penitential life and the

various tasks they perform for the fraternity; in human society through their intellectual and

material activities, through the exercise of a pastoral office in parishes and other ecclesiastical

institutions; and finally by announcing the coming of God’s kingdom through their witness of

a simple Franciscan presence.

166

RTICLE

In fulfilling the task of evangelisation, the friars are to proclaim Jesus Christ and him

crucified;

167

desiring only to follow in his footsteps, they are to bring to everyone they meet the

peace and the good of the Lord,

168

as well as the certain hope of a better world.

169

RTICLE

When they wish to admonish people about penance,

170

the friars are first to bear fruits worthy

of penance themselves,

171

knowing that no one can evangelise who has not first accepted

evangelisation.

172

RTICLE

§1 The whole fraternity, that is the Order, the Province, the House, as well as every friar, is

not to live for itself alone; it must benefit others,

173

and seek for that same fraternal fellowship

with all mankind which it cultivates in its own midst.

174

§2 Since this fraternal fellowship, based on prayer and penance, is the first and foremost

witness to the Gospel

175

and a prophetic sign of a new human family, the manner of life of the

162

Cf. LtO 9.

163

Cf. 1Cel 97.

164

Cf. Rb 12,1.

165

Cf. LtO 9.

166

Cf. Med M 13; Bah 17.

167

Cf. 1Cor 2,12.

168

Cf. Test 23.

169

Cf. Mad 31.

170

Cf. LtC I 6.

171

Cf. LtF II, 25.

172

Cf. EN 24; Bah 15.28-29.

173

Cf. Off Rhyth ant. Laudes in AF X 383.

174

Cf. EN 15; Med M 2; Mad 15.31.33; Bah 22-23.

175

Cf. Jn 13,35; CIC 673; EN 69; Med M 10.

friars among the nations is to be such that whoever sees or hears them will glorify and praise

the heavenly Father.

§3 In order that the Church may always be seen more and more as the sacrament of salvation

for our time, the friars are to set up fraternities in the midst of the poor and in secularised groups

and consider them a privileged means of evangelisation.

RTICLE

The friars are to promote union and cooperation among all members of the Franciscan

family, for a more effective proclamation of the Gospel.

176

TITLE II

Methods of evangelisation

RTICLE

§1 The witness of one’s life, or the silent proclamation of the kingdom of God, is a kind of

initial step and the first method of evangelisation.

177

It can and must be given by all the friars,

clerics and lay,

178

by those who preach, pray or “work”, by the young and the old, by the healthy

and the sick,

179

in such a way that, as they live their life as minors in fraternity, they make

known the fact that they are Christians.

§2 The witness of the Word, or explicit proclamation,

180

is another way of evangelisation

and it is carried our by those who, by their word or their office, announce the name and the

doctrine, the life and the promise, the kingdom and the mystery of Jesus of Nazareth, Son of

God.

A. They are to live subject to all among the nations and acknowledge that they are

Christians (Rnb 16,6)

RTICLE

The friars are to hold the Catholic faith, which is a gift of God, in very great esteem. Putting

aside all human respect, they are to profess their faith humbly, staunchly and joyfully before

all.

181

RTICLE

The friars are not to seek or accept privileges for themselves or their fraternities,

182

except

that of minority. As Saint Francis pointed out, the friars bear fruit in the Church of God if, as

minors, they remain in the status proper to their vocation.

183

RTICLE

§1 Living among the faithful the friars are to consider themselves indebted to God for his

favours and they are to work with all their strength so that, in unity and charity, all may

persevere in the true faith and penance.

184

§2 As the desire grows among peoples to live and practise their faith in ways that are adapted

to their own particular genius,

185

the friars are to lend aid readily to further this work of

inculturation.

186

176

Cf. Med M p.II, c.III 4-6.

177

Cf. EN 21; Rnb 16,6.

178

Cf. Rnb 17,5.

179

Cf. Rnb 23,7.

180

Cf. EN 22; Rnb 16,7.

181

Cf. Rnb 16,6.

182

Cf. Test 25-26.

183

Cf. 2Cel 148; cf. Leg Per 115.

184

Cf. Rnb 23,7.

185

Cf. Med M 14.

186

Cf. CPO 81 9.

RTICLE

§1 The friars are to strive to listen reverently to others with unfeigned charity, learn willingly

from the people among whom they live, especially from the poor, who are our teachers,

187

and

be ready to enter into dialogue with everyone.

188

§2 The friars are to discern the seeds of the Word and the secret presence of God in the world

of today, as well as in the many elements of other religions and cultures,

189

to the study of which

they are to dedicate themselves with great reverence.

RTICLE

The evangelisation of cultures is most important and is to be promoted energetically by the

friars; thereby truly human values grow in all sectors of life and abuses harmful to human

dignity are eradicated.

190

RTICLE

§1 The ecumenical spirit is to be encouraged everywhere and, if circumstances permit, ways

and means are to be sought for cooperation with all other Christians,

191

with due regard for can.

755.

§2 By a kind and reverential presence among them, the friars are to work with believers of

other religions in order to build up the people God has given them.

192

§3 As followers of Saint Francis and of the first missionaries of the Order, the friars are to

be especially concerned to go humbly and devoutly among the nations of Islam,

193

for whom

also no one is all-powerful except God.

194

RTICLE

§1 Thoroughly conscious of the importance and seriousness of social problems, the friars are

diligently to learn and to teach the Church’s doctrine regarding the social order, the family, and

the human person. They are also to investigate critically other cultural elements as suitable for

beginning a dialogue to evoke a Christian response.

195

§2 Since a large part of mankind is still in bondage to need, injustice and oppression, the

friars, along with all people of good will, are to devote themselves to establishing a society of

justice, liberation and peace in the Risen Christ.

196

They are to investigate carefully the causes

of each situation, and take part in undertakings of charity, justice and international solidarity.

197

§3 They are also to work humbly and staunchly in the bosom of the Church and of the Order,

so that the rights and human dignity of all may be promoted and respected.

198

RTICLE

§1 After the example of Saint Francis, whom the Lord led among lepers, each and every friar

is to give preference to the “marginalised”, to the poor and oppressed, to the afflicted and

infirm;

199

rejoicing when they live among them,

200

they are to show them mercy.

201

§2 In fraternal fellowship with all the lowly of the earth and looking on current events from

the viewpoint of the poor,

202

the friars are to exert every effort so that the poor themselves

187

Cf. Bah 11; Vinc. a Paulo, Entretiens, Coste X 332.

188

Cf. Med M 24.

189

Cf. AG 9; LG 16.

190

Cf. EN 20.

191

Cf. AA 27; AG 15; Med M p.II c.II, 2E; MF 50.61.

192

Cf. Med M 21.24, p.II c.II,2F.

193

Cf. Rb 12,1; Rnb 16,3.

194

Cf. LtO 9.

195

Cf. EN 31.

196

Cf. Med M 25.26.27; Mad 34; Bah 32-37.

197

Cf. AA 8.14; UR 12.

198

Cf. RH 17; Mad 35; CPO 81 3.9.15.

199

Cf. Bah 24-31.

200

Cf. Rnb 9,2.

201

Cf. Test 1-2; Lk 10,25-27.

202

Cf. Bah 31a.

become more fully conscious of their own human dignity and that they may safeguard and

increase it.

203

RTICLE

§1 When they encounter important people, the powerful and the rich, the friars are neither to

despise nor judge them.

204

Rather are they to admonish even them about penance and encourage

them to restore all their goods to the Lord God, who is always present in the poor.

205

§2 After the example of Saint Francis, the Friars Minor are to approach those people who

threaten life and liberty to offer them the good news of reconciliation and conversion, as well

as the hope of a new life.

206

RTICLE

Faith is born in the hearts of mankind not through controversies, but through the work of the

Holy Spirit, who grants his gifts to everyone as he wishes.

207

When people are unwilling to

accept their testimony, the friars are to place their trust in prayer and patience, and “when they

have not been received, let them flee into another country to do penance with the blessing of

God”.

208

B. “They are to proclaim the work of God when they see that it pleases the Lord”

(Rnb 16,7)

RTICLE

100

The friars to whom the Lord has given the grace of preaching are to proclaim the Good News

of salvation in such a way that they put forward the mystery of Christ faithfully and in its

entirety, teaching everyone to fear and love the creator of heaven and earth, and to do

penance.

209

RTICLE

101

§1 Friars in holy orders enjoy the faculty of preaching everywhere, with due regard for the

requirements of law. Lay friars who are approved by their Minister enjoy the same faculty of

preaching to members of our family everywhere, except for the liturgical homily, as well as to

the lay faithful in accordance with the prescriptions of the Episcopal Conference.

210

§2 Ministers of the Word and all theologians are to be formed with the greatest care, so that

they may minister spirit and life to others.

211

§3 The Ministers of the Order are to examine candidates for the ministry of the Word in

accordance with the requirements of universal and proper law and they are to approve them if

they are suitable.

212

§4 In order to preach to the friars in their own churches or oratories, the permission of the

Minister or Guardian is required.

213

RTICLE

102

§1 The preaching of the Word, which is intended for the instruction and edification of the

people,

214

is to have its origin in Sacred Scripture, as it is received in the tradition of the Church,

and in the living context of the needs and circumstances of peoples.

203

Cf. Med M 12.23; Mad 35.

204

Cf. Rb 2,17.

205

Cf. Rnb 17,17; Adm 18,2.

206

Cf. Rnb 7,14.

207

Cf. 1Cor 12,7 ff.; Lk 12,12.

208

Test 26.

209

Cf. Rnb 16,7; CIC 760.

210

Cf. CIC 757; 758; 759: 764.

211

Cf. Test 13.

212

Cf. Rb 9,2.

213

Cf. CIC 765.

214

Cf. Rb 9,3.

§2 In order that preaching may be truly prophetic, the signs of the times are to be carefully

examined and perceived in the light of the Gospel.

215

RTICLE

103

§1 With the Holy Spirit speaking in the hearts of those who hear him, the friars are to preach

briefly with words that are chaste and pure about the virtues and vices of the present time.

216

§2 In carrying out the work of preaching, the friars are to remember that those who hear them

listen more willingly to witnesses than to teachers, and indeed, they only listen to teachers if

they are also witnesses:

217

therefore, they are to preach first to themselves.

RTICLE

104

In announcing the Gospel, the friars are to work with patience and humility and show a great

reverence for the consciences of all. Setting aside any kind of proselytising, they are to expect

nothing from their listeners except what the Lord shall have given them.

218

RTICLE

105

§1 Imbued with an indefatigable zeal, the friars who are entrusted with the task of preaching

are to devote themselves to preaching the Word of God in the particular Churches, in season

and out of season, solicitously and continuously, but not against the wishes of the diocesan

Bishop.

219

§2 In accordance with the venerable tradition of the Order, the friars are to assist the

particular Churches by disseminating Sacred Scripture and the Catholic faith, using means

which are suitable and which have been adapted to persons and times.

RTICLE

106

The friars are to be especially concerned to engage in catechetical instruction.

RTICLE

107

By means of the popular preaching highly esteemed from the beginnings of the Order,

ministers of the Word are to show special attention to those who are simple and illiterate, and

are to present the truth of the Gospel in a manner suited to them.

RTICLE

108

Friars are willingly to assist and promote the sanctification of each person; priests are to do

this particularly through the ministry of the sacrament of reconciliation.

RTICLE

109

§1 The friars are to use the instruments of social communication for evangelisation and

human development, and are to prepare themselves in a manner that is appropriate and in accord

with our charism and status. They are not to forget, however, that a spirit of minority has a

greater efficacy in spreading God’s Word.

§2 The friars need the permission of their Minister in order to publish writings dealing with

questions of religion and morals.

220

RTICLE

110

The friars who are experts, particularly in the theological sciences, and whose works are of

great benefit to the task of evangelisation, enjoy in our Order a well-grounded freedom to

215

Cf. GS 4.

216

Cf. Rb 9,3-4.

217

Cf. EN 41.

218

Cf. LtM 6-7.

219

Cf. Rb 9,1; Med M 15-16; p.II c.IV 1a.

220

Cf. CIC 832.

conduct their investigations and, with due regard for the requirements of law, to publish the

results of these “professing the truth in love”.

221

TITLE III

Organizing the task of evangelization

RTICLE

111

All those works that contribute to the task of evangelisation that the people of God must

fulfil, and which are in accord with our status of fraternity and minority, can be taken on by our

Order.

RTICLE

112

§1 It is the duty of the General and Provincial Chapters to examine whether or not the Order’s

activity regarding the choice, the specific forms of action and the force of witness responds to

the demands of the present time and Franciscan evangelisation; it is also their duty to establish

suitable plans and ways to further the apostolate.

§2 The activities to be taken on by the friars are to be defined by consultation in local

chapters, with a view to the real needs of mankind, the Church, the Order, and of individual

friars; this is to be done, however, without prejudice to the faculty of Ministers and Guardians

to determine which works are to be chosen and to which friars they are to be entrusted.

RTICLE

113

Norms for the acceptance, direction, distribution and renunciation of ministries and works

of evangelisation are to be provided in the General Statutes or particular Statutes.

RTICLE

114

§1 It is the duty of the Conferences of Ministers Provincial to coordinate the works which

provinces undertake to carry out in fraternal co-operation, without prejudice to their autonomy;

it is also their duty to find appropriate ways of fostering that co-operation.

§2 The Ministers are to cooperate, readily and profitably, with the Conferences of Major

Superiors, in order to render assistance to one another, to establish a close relationship with the

Episcopal Conferences as well as with individual Bishops, and to effect a better coordination

of works and activities. Likewise, friars are to be permitted to participate in undertakings that

help in the formation of religious.

222

RTICLE

115

§1 The friars who work in the particular Churches are to be ready to help the Bishops and

their collaborators to carry out their pastoral plans, particularly those which are in keeping with

our Franciscan charism.

§2 In order that our fraternity may be prophetic in fulfilling its duty to evangelise, the friars

are to be eager to live the Franciscan charism according to the mind of the Church and in union

with the life of the fraternity.

223

TITLE IV

Missionary evangelization

RTICLE

116

§1 Our entire fraternity is missionary and shares in the mission of the Church, following the

example of St. Francis and the desire he expressed in the Rule.

224

Each friar, therefore,

conscious of his own responsibility, is to play his part in missionary work.

221

Eph 4,15; GS 62; CIC 218.

222

Cf. CIC 708.

223

Cf. CPO 81 11; CIC 677,1.

224

Cf. Rb 12,1-2; Med M 2.

§2 The friars are to be concerned that the Order adapts itself to the character of each people

and that it is established in the whole world from the outset, and they are to see that the Order

becomes part of the particular Churches.

225

RTICLE

117

§1 In our Order those friars are called missionaries who, in accordance with the Rule and by

divine inspiration, wish to dedicate themselves to carrying out the missionary activity of

evangelising and are sent by the competent Minister.

226

§2 The purpose of missionary activity is to bring the Gospel of our Lord Jesus Christ among

peoples or groups where that joyful News has never been heard, and to assist those who have

accepted the Gospel in building up the particular Church.

§3 Missionary activity remains necessary in all the particular Churches until, using all the

resources and means necessary, they have been fully established or re-established in their

former vigour.

RTICLE

118

§1 “Those friars who, by divine inspiration, desire to go among non-believers, should ask

permission from their Ministers Provincial”,

227

whose duty it is to decide if they are suitable

and if it is opportune to send them.

228

§2 Individual friars are to foster among the faithful an awareness of their missionary

responsibility.

229

RTICLE

119

§1 The authority to direct and supervise missionary evangelisation in the Order belongs to

the Minister General with his Definitory.

§2 The Minister General is to take special care of missionary friars and of the missionary

work of the Order; the Ministers Provincial are to have the same care in their Provinces.

230

§3 It is the duty of the Minister General to promote, direct and co-ordinate within the Order

undertakings and works that concern its missionary activity, in accordance with the guidelines

of the General Chapter and the norms of the General Statutes.

RTICLE

120

§1 It belongs to the Minister General, with the consent of his Definitory, to accept any new

missionary undertakings on behalf of the Order, and to draw up the necessary agreements,

whether these undertakings have been offered by the Holy See or by the local Ordinary.

231

§2 The competence of others in accepting missionary undertakings and sending friars into

missionary activity as well as promoting the missionary effort of the Order at every level and

in every way, is to be provided for in the General Statutes and the particular Statutes.

RTICLE

121

§1 The Ministers Provincial are to be sure that missionaries receive appropriate formation so

that they will be able to satisfy the demands of their future responsibility more effectively.

§2 Given the progress of time and the profound changes in society, missionaries must renew

themselves, so that they may always respond to the needs of their ministry. It is the duty of the

Ministers to see that this renewal is given to all missionaries through suitable programs of on-

going formation.

232

225

Cf. AG 18.40; Med M p.II c.II 2; c.IV la.

226

Cf. Rb 12,1-2; Rnb 16; CIC 784.

227

Rb 12,1.

228

Cf. Rb 12,2; Rnb 16,4.

229

Cf. Med M p.II, c.I 7.

230

Cf. Med M p.II, c.I 1.

231

Cf. CIC 790,1.

232

Cf. Med M p.II, c.I 4Bb.c.

TITLE V

The Holy Land

RTICLE

122

The friars are to have a special place in their hearts for the Land made holy by the earthly

light of the Son of God and his poor Mother, Land venerated by St. Francis. There, in a special

way, they are to be witnesses to the Gospel of Jesus Christ and his kingdom of peace.

RTICLE

123

§1 The task of taking care of the Holy Land, committed to our Order by the Holy See,

consists in the following: guarding the holy places, promoting divine worship within them,

fostering the devotion of pilgrims, carrying out the task of evangelisation there, exercising

pastoral activity in accordance with the spirituality of the Order, and establishing and

conducting apostolic works.

§2 The Custody of the Holy Land is an international entity governed by the Custos or

Guardian of Mount Sion. Elected by the General Definitory for six years, he rules the Custody

with ordinary power in accordance with the General Constitutions and the Statutes.

RTICLE

124

The international character of the Holy Land, as well as the work of inculturation, is to be

fostered with every care, and each Province is always to seek to have one or another friar there.

RTICLE

125

All the Provinces of the Order are to foster the activity of the Commissaries of the Holy Land

in accordance with the General Statutes.

CHAPTER VI

“THEY MUST DESIRE TO HAVE THE SPIRIT OF THE LORD

AND HIS HOLY MANNER OF WORKING WITHIN THEM”

(Rb 10,8)

TITLE I

Principles of education

RTICLE

126

The purpose of Franciscan education is that all friars and candidates may follow Christ

continuously in the world of today, under the influence of the Holy Spirit,

233

in accordance with

the form of life and Rule of St. Francis.

RTICLE

127

§1 The education of the friars must be, at one and the same time, human, Christian and

Franciscan.

234

§2 Since education must lead friars to full human maturity, the members of the Order are to

be instructed so that they can develop their physical, mental, moral and intellectual talents in a

harmonious manner,

235

and so that they may be prepared for an active participation in social

life.

§3 In order that friars may convert themselves daily and fulfil the demands of their baptism,

their education is to have a character that is, above all, Christian. It is especially to foster a

relationship with God, with mankind and with other creatures, as well as a spirit of ecclesial

fellowship, ecumenism and apostolic service.

236

§4

The primary task of education is to present and to experience the Franciscan manner of

living the Gospel and of learning the practice of fraternal life, minority, poverty and work, as

well as the vision of evangelisation and mission within our Order.

237

RTICLE

128

Franciscan education is to be complete and therefore it is to take into account not just the

whole person but also each aspect of one’s vocation, especially the dynamic relationship

between the personal and social dimension.

238

RTICLE

129

§1 In education, the mystery of God dwelling in each person with his special gifts is to be

considered with great reverence, in so far as it concerns the development of fraternity by

personal contact and dialogue.

239

§2 For the stability of an appropriate education, a sense of responsibility is to be awakened

and encouraged, so that each one may learn “to use his freedom with discretion and act on his

own initiative and energetically” with the fraternity,

240

and so that a healthy critical sense

towards events may be fostered.

241

233

Cf. Rnb 2,1.

234

Cf. Med F 4-18.

235

Cf. CIC 795.

236

Cf. Med F 43-45.52-53.55-58.59-61.

237

Cf. Med F 29-32.46-54; CPO 81 8.9.12-14; Bah 41; Rnb 1.

238

Cf. Med F 18-19; CPO 81 13.30.

239

Cf. Med F 4.17.33-34.

240

Cf. OT 11b; cf. Med F 16-22.

241

Cf. Med F 33.

RTICLE

130

The educational environment is to be real and authentic, marked by a familial atmosphere

necessary in fraternity.

242

Account is also to be taken of the concrete reality of each culture and

of the age in which one is living.

243

RTICLE

131

§1 Education is to be open to new forms of life and service inspired by the Franciscan vision

of the world and humanity.

244

§2 Wherever local circumstances are favourable, education is to be open to the promotion of

a common programme with the other members of the Franciscan family.

245

RTICLE

132

In order that the friars may be able to live up to the demands of fraternal fellowship, of

service to mankind, and of solidarity with the poor, the gradual acquisition of self-control, along

with self-denial after the example of Christ is to be encouraged.

246

Discipline, therefore, is to

be considered a necessary part of the whole training system.

247

RTICLE

133

Education in the Order is to be organic, gradual and consistent. To achieve this, the general

and particular Statutes are to determine the appropriate means, offices and duties.

RTICLE

134

The authority to regulate and supervise education in the Order belongs to the Minister

General with his Definitory.

TITLE II

On-going formation

RTICLE

135

The on-going formation of the friars is a journey of their whole life, both personal and in

community, in which their own gifts, their witness to the Gospel and their choice of calling are

constantly developed, after the example of St. Francis, who always invites us anew “to begin

to do good”.

248

RTICLE

136

On-going formation is to be based on Franciscan spirituality. It is always to take account of

every dimension of the Friar Minor and should be able to further his progress on a personal,

spiritual, doctrinal, professional and ministerial level.

249

RTICLE

137

§1 It is the duty of each friar, as the one ultimately and decisively responsible, to take care

of his on-going formation and to follow it through.

250

§2 Since the primary centre of on-going formation is the local fraternity itself, the duty of

making sure that the ordinary life of the fraternity promotes formative action belongs to each

friar and, above all, to the Guardian.

251

242

Cf. Med F 21.

243

Cf. CPO 81 3.15.69.

244

Cf. CPO 81 7.10-11.

245

Cf. CPO 81 81.

246

Cf. Phil 2,7.

247

Cf. OT 11b.

248

Cf. 1Cel 103; CPO 81 45-46.

249

Cf. Med F 42; CPO 81 48; CIC 661.

250

Cf. CPO 81 48.

251

Cf. CPO 81 49.

§3 It is the duty of all Ministers and Guardians, with the assistance of Chapters at every level,

to animate and direct on-going formation and, in accordance with the Statutes, to provide

whatever help is necessary.

252

TITLE III

Formation personnel

RTICLE

138

Responsibility for formation belongs to all the friars; primarily, it belongs to the Minister

General for the whole Order and to the respective Ministers for the Provinces and other entities

of the Order.

RTICLE

139

§1 In order to establish an adequate formation, the provincial fraternity is to be aware that it

is a formative community, insofar as the example of life of all the friars of the Province is of

the utmost importance in fostering Franciscan values among all.

§2 The official formation personnel in the Province, for continuing formation, for the

pastoral care of vocations as well as for initial formation, are those friars expressly named in

accordance with the Statutes. For this serious and responsible duty, suitable friars, particularly

mature in Franciscan life, are to be chosen.

RTICLE

140

§1 The fraternity of a formation house is of great importance for initial formation. And so it

is to be made up of friars who, being aware of their special responsibility for formation, give

effective aid to those who are being formed to the Franciscan life.

253

§2 The responsibility for initial formation falls to all the friars attached to formation houses;

in the strict sense, however, it falls to the master or rector and to the formation team if there is

one, with each one doing his share in accordance with the Statutes.

§3 In a formation house, the master or rector, along with the friars of the house, particularly

with the formation team if there is one, is to direct all formation and to coordinate formative

activities. However, this is to be done with due regard for the whole fraternity, whose proper

direction belongs to the Guardian.

RTICLE

141

§1 At each stage of initial formation, one of the formation personnel is to attend to each of

those in formation as he makes his way.

254

§2 In the closest intimacy of spirit and activity, formation personnel are to be anxious to lead

candidates to take an active part in their own formation.

255

RTICLE

142

In accordance with their respective Statutes, the Order and the Provinces are to draw up

programmes for the preparation of formation personnel and teachers, provide for their on-going

formation, and supply them with the means necessary to carry out the duty entrusted to them.

256

RTICLE

143

Those engaged in formation in the Order, in the Provinces and the Conferences of Ministers

Provincial are to consult with one another so that they may study their own experiences, foster

mutual cooperation and promote unity of orientation by means of common criteria.

257

252

Cf. Rnb 18,1; CPO 81 51; CIC 661.

253

Cf. Med F 20.25; CPO 81 28.65.

254

Cf. Med F 23; CPO 81 42.

255

Cf. Med F 20; CPO 81 4.

256

Cf. CPO 81 63.80.59.

257

Cf. CPO 81 22-23.

TITLE IV

Pastoral care of vocations

RTICLE

144

All the friars, especially those engaged in the pastoral care of vocations, are to make the

people of God aware of their obligations concerning the vocation of all, and are to help those

who come to us to set their intentions within the context of the Kingdom of God.

258

RTICLE

145

§1 Aware also of the attraction St. Francis has, the friars are to take care to present to all

people his way of life and values as an essential element of our vocation; the friars are to live

with such diligence, genuineness and joy that these others can choose and share this life.

259

§2 The responsibility for encouraging and supporting new vocations belongs to all the

fraternities and to all the individual friars.

260

§3 The pastoral care of vocations is to be carried out in cooperation with other promoters of

vocations in the particular Churches, especially with other promoters of the Franciscan

family.

261

RTICLE

146

§1 The seeds of a vocation are to be fostered with diligent care in families, in our seminaries

and in other institutes where those who offer some hope of entering the Franciscan family are

living.

262

§2 The purpose of this care is, above all, to foster and promote human and Christian maturity

in the aspirants.

263

RTICLE

147

The animation and coordination of the pastoral care of vocations is to be determined in the

Statutes.

TITLE V

Initial formation

RTICLE

148

§1 Initial formation begins on the day a candidate is admitted to postulancy in our Order and

lasts until the day of his definitive commitment, ratified by solemn profession.

§2 In the Order, initial formation comprises three stages: postulancy, novitiate and the period

of temporary profession.

RTICLE

149

Postulancy is the period of time during which the candidate asks to embrace our life with the

intention of preparing himself properly for the novitiate; during the same period the provincial

fraternity, considers its reply concerning his admission to the novitiate, while the appropriate

knowledge is being obtained on both sides.

264

RTICLE

150

In order that the purposes of postulancy may be fulfilled, a candidate is assisted by the friars

to know himself, to complete his initial Christian formation if need be, to consider the intimate

258

Cf. Med F 12.

259

Cf. Med F 6; CPO 81 25.10.

260

Cf. Med F 13; CPO 81 24.

261

Cf. Med F 12.

262

Cf. Med F 37.

263

Cf. Med F 36.

264

Cf. Rb 2,1 ff.; CPO 81 38.

causes of his own vocation, and to attain to and experience the Franciscan life in a gradual

way.

265

RTICLE

151

Norms concerning admission to postulancy, the time of postulancy, its organisation and

nature are to be determined in the General Statutes and the particular Statutes, with due regard

for the requirements of law.

266

RTICLE

152

The novitiate is when life in the Order begins. It is a period of more intense formation. It is

organised so that the novices may know and experience the form of life of St. Francis, may

form their minds and hearts more deeply in his spirit, and so that, after they have appraised

their own calling from the Lord better, their resolution and suitability may be tested.

267

RTICLE

153

§1 For a deeper knowledge of the Franciscan life, the novices are to apply themselves to the

study of the Rule and the other writings of St. Francis as well as the Franciscan sources; they

are also to study the General Constitutions, the General Statutes, the particular Statutes and the

history of the Order and the Province.

268

§2 For a more intense experience of Franciscan life, the novices are to apply themselves to

exercises of contemplation, penance, poverty, fraternity, work and humble service of the needy

of our age, both inside and outside the House, in accordance with the Statutes.

269

RTICLE

154

§1 The formation of novices is to be carried out in an integrated manner, so that their

formative journey may be accomplished by a gradual and active sharing in the life of the

particular Church and of society.

270

§2 With due regard for the requirements of law, the Ministers can, in accordance with the

Statutes, decide that several periods of apostolic activity are be spent outside the community of

the novitiate in order to complete formation of the novices, provided that the novitiate does not

exceed two years.

271

RTICLE

155

Universal and proper law concerning admission to the novitiate, education in it, dismissal

from it, its place, its duration, its regulation and its validity is to be observed.

272

RTICLE

156

§1 When the time of novitiate has been completed, if a novice is judged to be suitable, he is

to be admitted to temporary profession. By that profession he is incorporated into the Order.

273

§2 The Minister Provincial is competent to admit a novice to first profession, after the

consultative vote of his Definitory, which is required for validity.

274

§3 Universal and proper law is to be observed concerning the time and circumstances of

temporary profession.

275

265

Cf. Med F 38; CPO 81 39.

266

Cf. CIC 597.

267

Cf. Med F 40; CIC 646.

268

Cf. CPO 81 27.

269

Cf. CPO 81 29.

270

Cf. Med F 41; GGSS 73; 166,2.

271

Cf. CIC 648,2-3.

272

Cf. CIC 641-653.

273

Cf. CIC 653,2; 654.

274

Cf. CIC 656,3.

275

Cf. CIC 655-657,1.

RTICLE

157

The period of temporary profession is that during which formation is brought to completion

so that the friars may lead more fully the life proper to the Order and carry out its mission more

effectively, and during which the friars prepare themselves to make solemn profession.

276

RTICLE

158

§1 The friars in temporary profession must continue their specifically Franciscan formation

in its various aspects, in theory and in practice; if it is thought to be appropriate, they are to do

this in conjunction with other members of the Franciscan family.

277

§2 This formation is to be given to all the friars in accordance with the General Statutes and

particular Statutes, which must define the conditions, time and programme.

RTICLE

159

§1 When the period of temporary profession has been duly completed, the friars who freely

ask and have been found suitable, are to be admitted to solemn profession. By that act they are

incorporated into the Order definitively.

278

§2 The Minister Provincial is competent to admit friars to solemn profession, after the

consultative vote of his Definitory, which is required for validity.

§3 Universal and proper law is to be observed concerning the time and circumstances of

solemn profession.

279

TITLE VI

Other aspects of formation

A. Doctrinal, professional and technical formation

RTICLE

160

§1 All the friars, in accordance with their talents, are to receive an appropriate formation in

philosophy, theology, pastoral care, the sciences and the arts, so that they may be of more use

in the building up of the Kingdom of God.

280

§2 Special Statutes are to deal with the programme of this formation.

RTICLE

161

So that the Order may pursue its mission more closely, each Province is to be responsible

not just for the Franciscan formation of its members, but also for their education in the sciences

and the arts, in accordance with the needs of the Church, the Order and the Province, and

according to the grace of work which has been given to each.

281

RTICLE

162

All the friars are to apply themselves eagerly to studies according to their circumstances so

that, appreciating the progress of science and the arts, with an open mind, they may be well

prepared to announce the Gospel and respond to the culture of our age.

282

276

Cf. CIC 659,1.

277

Cf. CPO 81 30.

278

Cf. CIC 657,1.

279

Cf. CIC 657-658.

280

Cf. CPO 81 7.8.17.

281

Cf. Rb 5,1; CPO 81 74.

282

Cf. CPO 81 3.82.

B. Formation to ministries

RTICLE

163

No matter what ecclesiastical ministry they have been called to, the friars must be trained by

means of the necessary courses and a suitable apprenticeship, whether spiritual or pastoral, with

due regard for the requirements of law.

283

RTICLE

164

Education for ministries and holy orders is to be marked with a Franciscan spirit, in such a

way that the ministries may be exercised in fidelity to this spirit.

284

RTICLE

165

Admission of friars to ministries and holy orders pertains to the competent Minister

Provincial, with due regard for the requirements of law.

285

TITLE VII

Promotion of studies in the Order

RTICLE

166

§1 Franciscan studies, as well as philosophical and theological studies, are to be encouraged

and pursued with special care in the Order and in the Provinces.

§2 The greatest attention is to be given to forming teachers skilled in spirituality, Franciscan

history, philosophy and theology, who are to minister spirit and life according to the mind of

St. Francis and the other Masters of the Order.

286

RTICLE

167

§1 The Order of Friars Minor has the right and duty to have its own houses of study, which

are under General, Provincial, Inter-Provincial or even Inter-Franciscan administration.

287

§2 The Order of Friars Minor has the right and duty to have its own houses of study to prepare

candidates for holy orders, as well as its own higher institutes of religious sciences.

§3 The houses of study in the Order must observe the norms established by universal and

proper law.

288

283

Cf. CIC 659,3.

284

Cf. LtC1; LtO.

285

Cf. CIC 1019,1.

286

Cf. Test 13; CPO 81 32.

287

Cf. CPO 81 75 ff.

288

Cf. CIC 659,3.

CHAPTER VII

“THE FRIARS ARE BOUND TO OBEY

BROTHER FRANCIS AND HIS SUCCESSORS”

(Rb 1,3)

The structures and government of the Order

and the administration of goods

PART I

THE STRUCTURES OF THE ORDER AND

GOVERNMENT IN GENERAL

TITLE I

The structures of the Order

RTICLE

168

The Order of Friars Minor is made up of friars incorporated into Provinces, Custodies or

Foundations immediately subject to the Minister General and governed in accordance with the

norms of universal and proper law by the same Minister General with his Definitory.

RTICLE

169

§1 The Province, the basic unit in the life and mission of the Order, is made up of friars

incorporated in it, living together in Houses and governed by the Minister Provincial with his

Definitory in accordance with universal and proper law.

§2 The Province of the Holy Places, however, is called the Custody of the Holy Land, by

reason of tradition; its special character is determined in its own Statutes.

RTICLE

170

§1 The competent authority for the erection, division, union, and suppression of Provinces

is the Minister General with the consent of his Definitory.

289

§2 A new Province can be erected when there are, in the judgement of the General Definitory,

all the elements necessary for its establishment and for leading the life and mission of the Order

in accordance with these Constitutions and the General Statutes.

RTICLE

171

§1 At the proposal of the Provincial Definitories concerned, the Minister General can, in

special circumstances, erect several Houses or groups of friars of one or more Provinces into

an autonomous or non-autonomous Custody, which is governed by a Custos. He must, however,

have consulted all concerned beforehand and have the prior consent of his own Definitory.

§2 Unless it is otherwise stated, an autonomous Custody, which has not yet been constituted

a Province due to special circumstance is equivalent to a Province: whatever the Constitutions

have to say about Provinces and their government applies to an autonomous Custody and its

government.

RTICLE

172

The prescriptions of the General Statutes are to be observed in setting up other entities

required by the needs of life and activity of the Order.

289

Cf. CIC 581; 585.

TITLE II

Authorities of the Order and offices in general

RTICLE

173

The supreme authority of the Order resides in the General Chapter, that of a Province in the

Provincial Chapter and that of an autonomous Custody in the Custodial Chapter, in accordance

with these Constitutions.

290

RTICLE

174

The following are Major Superiors in the Order: the Minister General, the Minister Provincial,

the Custos of the Holy Land, the Custos of an autonomous Custody and their Vicars.

291

RTICLE

175

§1 The Minister General enjoys ordinary authority over each and every friar, as well as over

Provinces and Houses. He exercises it alone or with his Definitory or with the Plenary Council

of the Order in accordance with universal and proper law.

292

§2 The Minister Provincial and the Custos of an autonomous Custody rule his Province or

Custody with ordinary authority, alone or with his Definitory or with his respective Council, in

accordance with universal and proper law of the Order.

293

§3 The Guardian rules his House with ordinary authority, alone or with the local Chapter, or

respectively and in the cases specified by law, with the discretorium if there is one, in

accordance with these Constitutions and the Statutes.

RTICLE

176

§1 When universal or proper law requires the consent of his council, the Minister General or

Provincial acts invalidly contrary to the vote of the General or Provincial Definitory

respectively. So too the Guardian acts invalidly contrary to the vote of the local Chapter or

discretorium.

§2 However, if for valid action, they are required only to ask advice, Ministers and Guardians

are bound to seek the opinion of their Definitory and local Chapter or discretorium, but they

are not obliged to follow it if they think the matter should be decided otherwise. In an urgent

case they may ask advice even individually, by letter or another means of social

communication.

294

RTICLE

177

Even when consent or consultation is not prescribed by law, the Ministers and Guardians are

to listen willingly to the friars in matters which concern the fraternity, and, though it is up to

them to decide in such cases, they are not to act too easily against a consensus of the friars.

295

RTICLE

178

§1 The following are offices of government in the Order: the Minister General, Vicar

General, Definitors General, Visitator and Delegate General, Minister Provincial, Vicar

Provincial, Definitors Provincial, Custos, Vicar and Discreets of the Holy Land, Guardians,

Vicars and Discreets of Houses.

§2 All other offices do not involve government: they are offices in a broad sense or positions.

§3 All offices are conferred in accordance with universal and proper law.

290

Cf. CIC 631; 632.

291

Cf. CIC 620.

292

Cf. CIC 622.

293

Cf. CIC 622.

294

Cf. CIC 127,1.

295

Cf. CIC 618.

RTICLE

179

The Minister Provincial and other officials of a Province cannot be, at the same time, officials

of the General Curia.

RTICLE

180

No office or position of any kind that is to be exercised outside the Order may be accepted

without consultation with the fraternity and without the permission of the respective Minister

or Guardian.

TITLE III

The conferring, exercise and loss of offices

RTICLE

181

§1 Offices and positions of the Order are conferred either by election that is duly confirmed,

by postulation in accordance with the law which is admitted by the Minister General with the

consent of his Definitory, or by appointment which is preceded by an appropriate

consultation.

296

§2 There are three methods of election in the Order: by written ballot, by ballot with tokens,

by roll call.

§3 Election takes place ordinarily in a Chapter or Capitular Congressus, and extraordinarily

in a meeting of the General or Provincial Definitory, in accordance with the Constitutions and

Statutes.

§4

In a spirit of co-responsibility and fraternal service the friars must accept election to the

offices mentioned in article 178.

297

RTICLE

182

All solemnly professed friars are eligible for the offices and positions of the Order, provided

that they have the requirements and qualifications established by universal law or by the proper

law of the Order.

RTICLE

183

§1 In conferring the office of Minister General it is required for validity that the candidate

be solemnly professed at least ten years; for the other general offices of government and for the

offices of Major Superiors it is required that they be solemnly professed at least five years.

298

§2 Other offices are to be conferred in accordance with the Statutes, without prejudice to

universal law.

RTICLE

184

§1 Unless some other provision has been made, one who has been elected by the Chapter or

Definitory, cannot exercise authority until he has been confirmed by the President of the

election. The President, however, is to confirm immediately a friar who has been properly

elected if he is found suitable and there is no just cause in the way.

§2 If the confirmation of an election pertains to the President, and he is elected to the office,

confirmation then devolves on the voting member who is senior by first profession.

RTICLE

185

§1 The Ministers and Guardians are to carry out their service of authority with humility; and

docile to God’s will in fulfilling their duty, they are to watch over the friars as children of God

and they are to encourage their voluntary obedience with respect for the human person.

299

§2 All the friars who hold an office or position are to keep in mind always that they are bound

to secrecy, whether natural or entrusted.

296

Cf. CIC 181,1; 182,1; 625,3.

297

Cf. CIC 177,1.

298

Cf. CIC 623.

299

Cf. CIC 618.

RTICLE

186

§1 When they enter into office, the Ministers are bound to make the Profession of Faith

personally according to the formula approved by the Apostolic See.

300

§2 The Ministers are to make their profession of faith before the respective Chapter or the

President of the Chapter or his delegate; if they have been appointed, they are to do this before

the one who has appointed them or his delegate.

RTICLE

187

§1 Offices are lost by the expiry of the term, by resignation accepted by the competent

authority, by transfer, by removal and by deprivation, with due regard for universal and proper

law.

301

§2 An office is also lost by acceptance of another office, whether within or outside the Order,

which is incompatible with it.

PART II

GENERAL GOVERNMENT

TITLE IV

The General Chapter

RTICLE

188

The General Chapter must be a true sign of the fraternal fellowship of the whole Order. The

following matters pertain to the General Chapter: to inquire into and to safeguard the patrimony

and life of the Order; to look into new ways and means for growth in the Order and to promote

its appropriate renewal; to enact proper laws; to elect the supreme governing body of the Order

- that is, the Minister General, the Vicar General and the Definitors General; to treat of other

major matters.

302

RTICLE

189

§1 The General Chapter is governed by these Constitutions, by the General Statutes and by

the rules of order approved by the same Chapter, without prejudice to universal law.

§2 The method of convoking the Chapter, its procedure and whatever else may be judged

necessary or advisable, are to prescribed in the Statutes.

303

§3 All friars can send the General Chapter their views on questions that concern the good of

the Order.

304

RTICLE

190

§1 The ordinary General Chapter must be held every six years at the time of Pentecost and

in the place named by the Minister General after he has consulted the Plenary Council of the

Order.

§2 After having consulted the Presidents of Conferences, the Minister General can, with the

consent of the General Definitory, convoke an extraordinary Chapter, in which elections can

also be held for those offices that then chanced to be vacant, when provision for those offices

is a Chapter responsibility.

RTICLE

191

§1 A President is to be requested of the Holy See for the election of the Minister General. If

none is appointed by the Holy See, the Chapter itself, by written ballot is to elect a President

for the election from among the Chapter Members themselves.

300

Cf. CIC 833.

301

Cf. CIC 190; 624,3.

302

Cf. CIC 578; 631,1.

303

Cf. CIC 631,2.

304

Cf. CIC 631,3.

§2 The President of the Chapter in other sessions is the Minister General or, in his absence,

the one specified in the Chapter’s rules of procedure.

RTICLE

192

As legitimate Chapter Members the following are bound to gather in Chapter:

1. the Minister General, the Vicar General, the Definitors General and the Secretary

General;

2. Ministers Provincial and the Custos of the Holy Land or, when they are impeded, their

Vicars or, if the latter are impeded also, another friar designated by the Definitory or

respectively the Custodial Discretorium;

3. Chapter members specified in accordance with the General Statutes.

305

TITLE V

The Plenary Council of the Order

RTICLE

193

The Minister General with his Definitory, the Secretary General and the Councillors elected

and designated in accordance with the General Statutes, together make up the Plenary Council

of the Order.

RTICLE

194

The duty of the Plenary Council, assembled collegially, is the following:

1. to offer assistance to the Minister General and his Definitory in governing and inspiring

the Order;

2. to encourage relations and communications between the General Curia and the

Conferences, and between the Conferences themselves;

3. to implement the decisions and decrees of the previous Chapter; to enact decisions and

decrees proposed by the General Definitory even if they are contrary to the articles of

the General Statutes; these are to have force until the next Chapter;

4. to interpret the General Constitutions or General Statutes in accordance with article 15

par. 2-3 of the General Constitutions;

5. to help prepare the next General Chapter and to offer advice regarding its location;

6. to discuss the finances of the Order.

RTICLE

195

§1 Unless it has otherwise been expressly determined, the Plenary Council of the Order has

a consultative vote.

§2 The procedure of a Plenary Council is set down in its rules of procedure.

TITLE VI

The Minister General

RTICLE

196

The Minister General is elected in General Chapter for a six-year term; when that term has

expired he can be re-elected only for another six years without an intervening vacancy.

306

RTICLE

197

§1 The Minister General, with the consent of his Definitory, can issue decrees for the whole

Order which remain in force until the next General Chapter; at that time, they lose all force,

unless they are confirmed by the Chapter.

§2 The Minister General, with the consent of his Definitory, can issue decrees for individual

Provinces and for regions whose Ministers form a conference. However, he must first consult

305

Cf. CIC 631,2.

306

Cf. CIC 625,1.

with the Definitory of the Province concerned or the Conference of Ministers Provincial. These

decrees remain in force until rescinded.

RTICLE

198

The Minister General can take any friars to provide for the needs and advantage of the whole

Order or one of its entities, after having listened to the view of the Minister concerned.

RTICLE

199

The Minister General, either personally or through others, is obliged, according to special

Statutes, to make a canonical visitation of Provinces and other entities of the Order dependent

on Provinces at the time a Minister Provincial must be elected in Chapter; he is to visit other

entities at a suitable time. He is also to visit them fraternally to foster and strengthen their

Franciscan spirit.

RTICLE

200

§1 When the Minister General is absent or impeded, the Vicar General, who possesses

ordinary vicarious power, governs the Order; however, he is not to use his power contrary to

the mind or will of the Minister General.

307

§2 Should it happen that the Vicar General is also absent or impeded from his office, the

Definitor who is senior by first profession or by age, in a case of equality of profession, takes

his place with the name and office of Pro-Vicar.

RTICLE

201

§1 If the office of Minister General becomes vacant outside of Chapter before the Feast of

Pentecost in the year prior to a General Chapter, the election of a new Minister General to

complete the six-year term is carried out by the Presidents and Vice-Presidents of the

Conferences of Ministers Provincial, convoked along with the General Definitory by the Vicar

General and collegially assembled within two months counted from the time of vacancy.

§2 If the office of Minister General should become vacant after the Feast of Pentecost in the

year prior to a General Chapter, the Vicar General takes over government of the Order until the

next Chapter.

TITLE VII

The General Definitory

RTICLE

202

§1 The General Definitory, as a collegiate body in accordance with the law, is made up of

the Minister General, the Vicar General and the Definitors General. As the council of the

Minister General, it is made up of those named above with the exception of the Minister

General.

308

§2 When matters concerning them are dealt with, the secretaries and the heads of other

offices, commissions or councils of the General Curia can be summoned to sessions of the

General Definitory in order to express their views.

§3 The Secretary General discharges the office of notary in all sessions of the General

Definitory.

RTICLE

203

§1 The General Definitory, as a collegiate body, must act in accordance with the law; as

council of the Minister General it is to assist him and express its consent or advice in accordance

with universal and proper law.

307

Cf. CIC 131; 620.

308

Cf. AAS 77(1985)771.

§2 The Minister General, the Vicar General and the Definitors General are to encourage

frequent contacts with the Conferences of Ministers Provincial and with the Provinces, in such

a way that they can share in the life experience of the whole Order.

RTICLE

204

The Minister General with the Vicar and Definitors General form the supreme collegial

tribunal in the Order, with the Secretary General functioning as actuary.

RTICLE

205

The Definitory is governed by special Statutes approved by the General Definitory itself.

TITLE VIII

The Vicar General

RTICLE

206

The Vicar General is elected in General Chapter for a six-year term; when that term has

expired he can then be elected only for another six years without an intervening vacancy.

RTICLE

207

In addition to what articles 200-201 prescribe, the Vicar General assists the Minister General

in the discharge of his office and can be delegated by him to handle other items of business.

RTICLE

208

Should the office of Vicar General become vacant outside of Chapter, the election of a new

Vicar General to complete the six-year term must be carried out by the General Definitory.

TITLE IX

The Definitors General

RTICLE

209

The Definitors General, the number of whom is determined in the General Statutes, are

elected in General Chapter for a six-year term; when that term has expired, they can be elected

only for another six years without an intervening vacancy.

RTICLE

210

Should the office of Definitor General become vacant outside of General Chapter, another

friar is elected by the General Definitory to complete the six-year term after consultation with

the Ministers Provincial of the Conference for which the Definitor who left office had been

elected.

TITLE X

The Secretary General and Offices of the General Curia

RTICLE

211

§1 For the general affairs of the Order there is to be a Secretary General. The General Statutes

are to make provision concerning his election and office.

§2 The Secretary General is the notary of the Order.

RTICLE

212

For the proper and efficient government of the Order, there are to be certain offices in the

General Curia listed in the General Statutes; these are governed by norms approved by the

General Definitory.

TITLE XI

Visitators and Delegates General

RTICLE

213

Elected by the Minister General with his Definitory, the Visitator General makes canonical

visitation of the Provinces or other entities and, according to the Rule, he admonishes, comforts

and charitably corrects the friars

309

in the name of and by the authority of the Minister General.

During the visitation it will be his concern to learn the circumstances of the friars, to examine

their undertakings, to encourage their activities and, above all, to promote the spirit of fraternity

and the observance of our Rule

310

RTICLE

214

Delegates General are elected by the Minister General with his Definitory to perform special

duties in the name of and by the authority of the Minister General.

PART III

PROVINCIAL GOVERNMENT

TITLE XII

The Provincial Chapter, the Capitular Congressus

and the Plenary Council of the Province

RTICLE

215

§1 It is the responsibility of the Provincial Chapter to examine the present state of life and

activity of the friars of the Province, to search for and propose suitable means for its growth

and improvement, to discuss and, by common council, to decide on new undertakings and

affairs of major importance, and to carry out elections.

§2 The enactment of particular Statutes belongs to the Provincial Chapter; these Statutes,

however, need approval by the General Definitory. The Provincial Chapter draws up other

special Statutes for the Province on its own authority.

RTICLE

216

§1 The Provincial Chapter is governed by these Constitutions, the General Statutes, the

particular Statutes and its rules of procedure.

§2 Without prejudice to the prescriptions of these Constitutions and the General Statutes,

matters which concern the composition, convocation and holding of the Provincial Chapter, as

well as the elections that are to be carried out in Chapter, are to be defined in the particular

Statutes.

RTICLE

217

Within three months of the Chapter - unless the Statutes make other provisions - at the time

set by the President of the Chapter along with the Definitory of the Province, the Capitular

Congressus for the conferral of offices that are vacant takes place.

RTICLE

218

A Plenary Council can be established in a Province to treat of matters of major importance.

It is governed by the norms of the General Statutes and particular Statutes.

309

Cf. Rb 10,1; Rnb 4,2.

310

Cf. CIC 628,1.

TITLE XIII

The Minister Provincial

RTICLE

219

A solemnly professed friar enrolled in the Province is to be elected as Minister Provincial.

In a particular case, a friar of another Province can be elected in accordance with the General

Statutes.

RTICLE

220

§1 The Minister Provincial is elected for a period of time determined in the General Statutes.

§2 The prescriptions of the General Statutes are to be observed with regard to re-election and

vacancy of office.

RTICLE

221

§1 The Minister Provincial is to visit his friars frequently, admonish and comfort them

spiritually, and correct them humbly and charitably.

311

At the time specified by the General

Statutes, he is obliged to make canonical visitation of all the Houses and friars.

312

§2 All matters concerning canonical visitation are set forth in greater detail in the General

Statutes, in particular Statutes and in special Statutes.

TITLE XIV

The Provincial Definitory

RTICLE

222

§1 The Provincial Definitory, as a collegiate body in accordance with the law, is made up of

the Minister Provincial, the Vicar Provincial and Provincial Definitors. As the council of the

Minister Provincial, it is made up of those named above with the exception of the Minister

Provincial.

313

§2 The Provincial Secretary discharges the office of notary in all sessions of the Provincial

Definitory.

§3 The General Statutes and particular Statutes are to make provision for the election and

number of Provincial Definitors.

RTICLE

223

As a collegiate body, the Provincial Definitory is to act in accordance with law; as the council

of the Minister Provincial it is to assist him and express its consent or advice in accordance

with universal and proper law.

RTICLE

224

The Provincial Definitory is the collegiate tribunal of first instance in contentious and

criminal cases of the Province.

314

RTICLE

225

Outside of the Provincial Chapter, the authentic interpretation of the particular Statutes

belongs to the Capitular Congressus, the Provincial Definitory and the Plenary Council of the

Province when it is in session. An interpretation given outside of Chapter has no force beyond

the next Provincial Chapter unless that Chapter approves it.

RTICLE

226

Neither the Minister Provincial nor the Visitator General can alter decisions and decrees

issued by the Definitory, without the consent of that same Definitory.

311

Cf. Rb 10,1; Rnb 4,2.

312

Cf. CIC 628,1.

313

Cf. AAS 77(1985)771.

314

Cf. CIC 1427,1; 1717.

TITLE XV

Conferences of Minister Provincial

RTICLE

227

§1 Ministers Provincial and others specified in the Statutes can by mutual agreement,

establish a Conference of Ministers Provincial.

§2 The Conference of Ministers Provincial are governed by the General Statutes and their

own Statutes, drawn up with the common consent of the members and approved by the General

Definitory. These proper Statutes are to prescribe all that concerns the nature, composition,

convocation and celebration of the Conferences, as well as the items of business they are to

deal with.

TITLE XVI

The Vicar Provincial

RTICLE

228

The Vicar Provincial assists the Minister Provincial in the discharge of his duty; he

substitutes for the Minister Provincial with ordinary vicarious power when the Minister

Provincial is absent or impeded; he also substitutes for him until the election of a new Minister

Provincial when the office of Minister Provincial becomes vacant outside of Chapter.

RTICLE

229

The Vicar Provincial is elected for the same period of time for which the Minister Provincial

is elected, in such a way that the office of Vicar always becomes vacant when the Minister

Provincial is to be elected in Chapter.

TITLE XVII

The Secretary of the Province and others offices

RTICLE

230

§1 In each Province there is to be a Secretary of the Province. The General Statutes and

particular Statutes are to make provision for his election and duties.

§2 The Provincial Secretary also holds the office of notary of the Province.

RTICLE

231

§1 In each Province there are to be other offices and positions, and commissions are to be

set up, when their contribution appears necessary or advisable in various sectors of life and

activity.

§2 The General Statutes and particular Statutes govern the offices or positions and

commissions referred to in the preceding paragraph.

PART IV

GOVERNMENT OF HOUSES

TITLE XVIII

The House

RTICLE

232

A House is a fraternity legitimately established under the authority of a Guardian in a fixed

place or dwelling. All the friars are to be assigned to a specific House.

315

Cf. CIC 608; 655.

RTICLE

233

A House is erected by the Minister Provincial with the consent of his Definitory, and with

the prior written consent of the diocesan Bishop.

316

RTICLE

234

A legitimately erected House can be suppressed by the Minister General on the advice of his

Definitory. Beforehand, however, he must have listened to the Provincial Definitory and

consulted the diocesan Bishop.

317

RTICLE

235

§1 Any erection or suppression whatever must be done by decree.

§2 The Minister General is to be notified of the decree of erection issued by the Minister

Provincial.

RTICLE

236

Friars who are forced to live alone by special circumstances so that they are unable to possess

the fullness of a common fraternal life are to foster and manifest the same spirit of fraternity.

Therefore, the Ministers and the friars themselves are to see to it that they go from time to time

to the Houses or friars nearest them so that they can receive the mutual benefits and joys of

charity.

TITLE XIX

The Guardians and Vicars

RTICLE

237

In accordance with universal law and the proper law of the Order, the principal responsibility

of the Guardian is to foster the welfare of the fraternity and of the friars, to exercise watchful

care over the religious life and discipline, to direct activities, to promote an active and

responsible obedience among the friars in a spirit of true fraternity.

318

RTICLE

238

Unless the General Statutes and particular Statutes prescribe otherwise, a Vicar for each

House is elected to assist the Guardian.

RTICLE

239

The Guardian and Vicar are elected for the period of time and in the manner established by

the General Statutes.

TITLE XX

The local Chapter and Discretorium

RTICLE

240

§1 The local Chapter, at which the Guardian or his substitute presides, constitutes the

fraternal government of a House, in accordance with the General Constitutions, the Statutes

and rules of procedure.

319

§2 In Houses where there is no discretorium the local Chapter functions as the council of the

Guardian.

320

316

Cf. CIC 609,1.

317

Cf. CIC 616,1.

318

Cf. CIC 618.

319

Cf. CIC 95.

320

Cf. CIC 627,1.

RTICLE

241

It is the duty of the local Chapter, particularly through dialogue, to study and promote

common projects, to foster harmony and an active and responsible cooperation among all, to

examine and evaluate what has been done by the fraternity or by individual friars, and to treat

of matters of major importance.

RTICLE

242

§1 All the solemnly professed friars in each House make up the local Chapter.

§2 The particular Statutes are to make provision for the manner in which those friars not yet

solemnly professed are to participate in the local Chapter.

RTICLE

243

§1 A local discretorium can be established as the council of the Guardian, in accordance with

the particular Statutes.

321

§2 If there is one, the local discretorium is made up of the Vicar and the Discreets.

PART V

THE ADMINISTRATION OF GOODS

RTICLE

244

§1 As juridical persons, the Order, the Province and the House are to be able to acquire,

administer, alienate and use temporal goods, in accordance with universal law and the proper

law of the Order.

322

§2 The Ministers and their legal representatives, as well as all the friars that have the

permission of their Ministers, can perform juridical acts, which concern temporal goods, in civil

law.

RTICLE

245

§1 Goods that are necessary for the life and work of the friars and are in their possession are

either ecclesiastical goods and are regulated by the prescriptions of universal and proper law,

or else they are the property of benefactors to be used and administered as they wish.

323

§2 In order to be faithful to their vocation in the concrete conditions of life, the friars are

always to look out for new forms of expropriation which are suited to their circumstances.

RTICLE

246

§1 For the whole Order, and each Province and House, there must be a Bursar or

administrator of goods distinct from the Ministers and, as far as possible, from the Guardian. It

is he who is to administer goods under the direction of, and in dependence on, the respective

Minister or Guardian.

324

§2 To assist the Bursar in discharging his duty there are to be finance committees, set up in

accordance with the General Statutes and particular Statutes.

325

§3 Whenever civil law requires the assistance of a legal representative for contracts,

especially for contracts of alienation, and for other juridical transactions involving temporal

goods, this representative is to be appointed in accordance with the Statutes.

RTICLE

247

§1 The General Statutes and particular Statutes are to make provision for the election and

duty of Bursars.

321

Cf. CIC 627,1.

322

Cf. CIC 634,1.

323

Cf. CIC 634,1; 635,2; 1257,1.

324

Cf. CIC 636,1.

325

Cf. CIC 1280.

§2 Bursars and others who play a legitimate role in the administration of property are to carry

out their duty diligently and be vigilant that no goods placed in their care in any way perish or

suffer damage.

326

RTICLE

248

§1 In order to act validly in handling financial matters, the General, Provincial and local

Bursars are obliged to observe universal law and the proper law of the Order.

§2 The duties and the limits of the ordinary administration of Bursars are to be determined

in the General Statutes.

§3 Bursars act invalidly when they go beyond the limits and manner of ordinary

administration, unless they have first received in writing the faculty to do so from the competent

authority.

327

RTICLE

249

§1 Expenditures, alienations, debts and other items of business go beyond the limits of

ordinary administration when they require the permission or consent of the competent authority

in accordance with universal law or the General Statutes and particular Statutes.

328

§2 In addition, any alienation of immovable property, of movable goods artistically or

historically valuable, or of votive offerings donated to the Church, is reckoned to be an act of

extraordinary administration. For the alienation of these items it is always necessary to have

recourse to the Minister Provincial, with due regard for the prescriptions of universal and proper

law.

329

RTICLE

250

It is the duty of the respective Minister and Guardian to supervise carefully the administration

of all goods that belong to the Order, the Provinces or Houses subject to them. Moreover, they

are to regulate the whole matter of the administration of temporal goods.

330

326

Cf. CIC 1284.

327

Cf. CIC 1281,1.

328

Cf. CIC 1292,1-2.

329

Cf. CIC 638; 1292,2.

330

Cf. CIC 1276,1.

CHAPTER VIII

THE MINISTERS ARE TO ADMONISH THE FRIARS

AND HUMBLY AND CHARITABLY CORRECT THEM

(Rb 10,1)

TITLE I

The admonition and correction of the friars

RTICLE

251

§1 As the Lord says, the friars are not to judge or condemn or pay attention to the smallest

sin of others. Rather they are to think of their own sins with bitterness of soul.

331

§2 When they know a friar has sinned, all the friars are neither to shame nor defame him, but

they are to have great compassion for him and keep private the sin of their brother. When he

sins they are to help him spiritually as far as possible, and are to admonish, instruct and correct

him humbly and diligently.

332

§3 According to the words of St. Francis, the friars are not to become angry or disturbed

because of the sin of another, since anger and disturbance hinder charity in themselves and in

others.

333

§4 The friars, especially the Ministers, are to be compassionate and, impelled by charity, are

to seek out the friar who has sinned. No friar is to go away without experiencing compassion.

334

§5 If any of the friars sins, he is to have recourse to his Minister with confidence, strive for

conversion and obey the commands of the same Minister.

335

RTICLE

252

§1 The Ministers and Guardians, as well as the other friars, are to forestall evil and strengthen

those who are falling, as best they can, by prudent vigilance and brotherly warnings, in order

to safeguard the common good and the good of individuals.

§2 If, in order to safeguard the good of individuals or of the fraternity, the Ministers are

forced to admonish, correct or punish, they are to perform their service kindly and charitably,

in accordance with universal law and the proper law of the Order.

336

RTICLE

253

§1 In applying penalties of universal law the norms of that law are to be observed.

§2 External violations of the laws of the Order, when these are penal, are to be punished with

penalties prescribed by proper law in proportion to their gravity and with regard for scandal,

frequency, recidivity and incorrigibility. All such penalties are ferendae sententiae and may be

imposed by the Minister, alone or with his Definitory.

TITLE II

Departure and dismissal from the Order

RTICLE

254

The norms of universal law and of the General Statutes apply concerning temporary absence

or exclaustration, whether this is freely requested or imposed by the Holy See on a friar against

his will.

337

331

Cf. Lk 6,41; Rnb 11,10.

332

Cf. LtM 15; Rnb 5,5.8.

333

Cf. Rb 7,3.

334

Cf. LtM 9; Lk 15,20.

335

Cf. Rb 7,1-3.

336

Cf. Rb 10,1-2.

337

Cf. CIC 686,1.3; 687.

RTICLE

255

§1 If during temporary profession a friar, for grave cause, asks to leave the Order, he can

obtain an indult to leave from the Minister General, with the consent of his Definitory.

338

§2 When the period of temporary profession has expired, a friar is free to leave the Order.

Moreover, after consulting his Definitory, the Minister Provincial can, for a just cause, prevent

him from making subsequent profession.

339

RTICLE

256

A solemnly professed friar is not to request an indult to leave the Order except for very

serious reasons that he has carefully considered before the Lord. He is to present his petition to

the Minister General, who will forward it, along with his opinion and that of his Definitory, to

the Holy See, to whom alone is reserved the concession of such an indult.

340

RTICLE

257

An indult notified to a friar brings with it, by law, a dispensation from vows and from all

obligations deriving from profession, unless the indult has been rejected by the friar in the act

of notification.

341

RTICLE

258

§1 A friar is held to be automatically dismissed from the Order in those cases specified in

universal law.

342

§2 In such cases, if the facts are evident, it is sufficient for the Minister Provincial with his

Definitory to issue a declaration of fact.

343

He is to take care, however, to notify the dismissed

friar of the declaration and keep the evidence collected in the archives of the Province. This

notification must be sent to the General Curia along with a summary of the documents.

RTICLE

259

Friars must be or can be dismissed from the Order for other crimes of a more serious nature,

in accordance with universal law and the General Statutes.

344

RTICLE

260

With legitimate dismissal, vows, rights and obligations deriving from profession cease

automatically. However, if the friar is a cleric, he cannot exercise holy orders until he finds a

Bishop who will receive him or at least allow him to exercise holy orders.

345

RTICLE

261

Since each and every friar must perform all services gratis as their Ministers and Guardians

direct, if one leaves the Order legitimately or is dismissed from it legitimately, he can claim

nothing from the Order for whatever service he may have performed in it. The Order is to show

equity and evangelical charity towards these friars.

346

338

Cf. CIC 688,2.

339

Cf. CIC 688,1; 689.

340

Cf. CIC 691,1-2.

341

Cf. CIC 692.

342

Cf. CIC 694,1.

343

Cf. CIC 694,2.

344

Cf. CIC 695; 696; 697 ff.

345

Cf. CIC 701.

346

Cf. CIC 702,1.2.

GENERAL STATUTES

OF THE ORDER OF FRIARS MINOR

EDITOR’S NOTE

The General Definitory, following a carefully review of the respective texts during the

Meeting of 29

November 2021, also approved the translations of the General Statutes

into the three official languages of the Order: English, Italian and Spanish, to be used

while keeping in mind that the authentic text is that in Latin.

THE GENERAL CURIA

OF THE ORDER OF FRIARS MINOR

DECREE

Prot. N. 100402

The legislation of the Order, apart from the approved Rule which is its foundation, is

presented in two juridical collections (cf. CIC 587) at the moment. These are the General

Constitutions, which, with the Rule, constitute the fundamental code of our legislation, and the

General Statutes, which, redacted and approved by the General Chapter celebrated in Assisi in

2009, gather together other norms as a complement to the same General Constitutions.

Having carried out the necessary revision and having the consent of the General Definitory,

we, using the faculties invested in us by our office and in virtue of the present Decree

promulgate and declare promulgated the

GENERAL STATUTES

and prescribe that all contained in these Statutes is obligatory throughout the entire Order

on and from the 19

March 2010.

May Mary, the mother of mercy and advocate of the poor, who obtained for her servant, our

Father Francis, the privilege to “conceive and give birth to the spirit of gospel truth” (St.

Bonaventure, Major Legend, 111,1), strengthen the renewed will of the Order to persevere

faithfully in the same spirit. May she help us to make progress in the observance of the Holy

Gospel and to serve the world, the Church and the Kingdom.

Given in Rome,

at the General Curia of the Order,

December 2009.

OSÉ

ODRÍGUEZ

ARBALLO

OFM

Minister General

BR. AIDAN MCGRATH, OFM

Secretary General

GENERAL CURIA

OF THE ORDER OF FRIARS MINOR

Prot. 106145

DECREE

The General Chapter of the Order of Friars Minor celebrated in Assisi during the Feast

of Pentecost 2015, made some modifications to the General Statutes, in Articles: 21;

158 §3; 201 b.

Therefore, having reviewed them and having obtained the consent of the General

Definitory, in its Session of 7

December 2015, by virtue of the faculties that belong to

us,

WE PROMULGATE

AND DECLARE PROMULGATED

the following modified Articles of the General Statutes, i.e.: 21; 158 §3; 201 b, and we

prescribe that the respective norms become obligatory in the Order from the 19th March

2016.

Br. Michael A. Perry, OFM

Minister General

Br. Aidan McGrath, OFM

Secretary General

Rome, 8

December 2015

Solemnity of the Immaculate Conception

of the Blessed Virgin Mary

MINISTER GENERAL

OF THE ORDER OF FRIARS MINOR

Prot. N° 110716

DECREE

The General Chapter of the Order of Friars Minor, held in Rome from July 3 to

18, 2021, made some changes to the General Statutes, as required by Art. 14 §2 of the

General Constitutions. In particular, some articles have been inserted ex novo (45,

64§2, 125, 142 §4, 142 §6, 195 §3, 200 §5, 250, 256, 259), others have been modified

(126, 127, 142 §2, 151 §1, 160, 183 §1, 217 §2); one article has been given a new

position (41/265), others, while unchanged, have received a different numbering (41-

44; 125-143; 251-273).

We, therefore, having completed a necessary and careful review and obtained

the vote of the General Definitory during the September 15, 2021, Congress, by virtue

of the faculties vested on us,

WE PROMULGATE AND

DECLARE PROMULGATED

the!above-mentioned!modified!articles!of!the!General!Statutes!and!order!

that!the!respective!norms!take!effect!throughout!the!Order!on!January!1,!2022.

Br. Massimo Fusarelli, OFM

Minister General

Br. Giovanni Rinaldi, OFM

Secretary General

Rome, November 29, 2021

Feast of all the Saints of the Seraphic Order

CHAPTER I

“TO OBSERVE THE HOLY GOSPEL

OF OUR LORD JESUS CHRIST”

(Rb 1,1)

RTICLE

The Ministers and Guardians are to ensure that each Friar has a copy of the Rule and

Testament of St. Francis, together with the General Constitutions and Statutes.

RTICLE

§1 Each week, in so far as is possible, at least some portion of the Rule or Testament of St.

Francis is to be read in fraternity. At the end of the reading, the Guardian is to read the

exhortation and the blessing of the Seraphic Father.

347

§2 The Ministers and Guardians, in the interest of a continuous renewal of the spirit, are to

ensure that the writings of St. Francis, the General Constitutions and other documents that have

emanated from the General or Provincial Chapters for a better interpretation and updating of

the Rule are read and explained at an appropriate time.

§3 All that has been prescribed in the proceeding paragraphs is to be more explicitly defined

in the Particular Statutes.

RTICLE

§1 It is the responsibility of the Provincial and Custodial Chapters, in accordance with the

norms of articles 16 and 215 §2 of the General Constitutions, to draw up Particular Statutes

appropriate to the situations and needs of places and people. These Statutes are to be

promulgated by the Minister Provincial or Custos of an autonomous Custody after they have

been approved by the Minister General with the consent of the Definitory.

§2 Provinces and Autonomous Custodies of the same territory or Conference can make

common particular statutes for those Entities, which are to be approved by the Chapter of each,

and then by the Minister General with the consent of his Definitory.

§3 It is the responsibility of the Provincial Definitory or Custodial Council in newly erected

Provinces and Custodies to draw up transitional Norms analogous to the Statutes mentioned in

§1 of this article, which, having been approved by the Minister General with the consent of the

Definitory, remain in force until the first Provincial or Custodial Chapter.

§4 The Statutes of other Entities of the Order which are not autonomous are to be approved

by the Minister, General or Provincial, from whom the Entity depends, with the consent of the

respective Definitory.

RTICLE

§1 The General Definitory, if it thinks it appropriate, may issue Special Statutes either for

the whole Order or for individual regions.

§2 It is the duty of the Provincial Chapter to draw up Special Statutes for matters about which

Special Norms are required in the Province. It pertains to the Conference itself, in accordance

with its own Statutes, to approve the Special Statutes of a Conference of Ministers Provincial.

RTICLE

§1 All that is established in art. 17 §§2-3 of the General Constitutions with regard to

dispensations applies, with the necessary adjustments, also to the Custodes and the Presidents

of Federations and Foundations.

§2 The authority that is competent to dispense from the provisions of Particular and Special

Statutes is to be determined in the same Statutes.

347

Cf. Test 40-41.

RTICLE

If on a particular matter there is not an express provision in the Statutes of the Order or of a

Province, provided it does not concern the exercise of the power of governance or the

imposition of penalties, the question is to be resolved by taking into account laws and general

decrees enacted in similar matters, if any exist. Otherwise, in order to have a temporary

substitute norm, recourse is to be made to the General or Provincial Definitory. Their decisions

remain in force until the next General or Provincial Chapter.

348

Cf. CIC 19.

CHAPTER II

THE SPIRIT OF PRAYER AND DEVOTION

(cf. Rb 5,2)

RTICLE

The Friars are to celebrate the Eucharist, the Liturgy of the Hours and other sacred

ceremonies in common and, as far as possible, with the Christian faithful.

RTICLE

It is the duty of the local Chapter, with the approval of the Minister Provincial with the

consent of the Definitory, to establish the times and other circumstances of the Eucharistic

celebration and of prayer in common, whether it concerns the Liturgy of the Hours and of the

Word of God, or other celebrations in harmony with the nature of the Order, observing,

however, the norms given by the competent authority.

RTICLE

§1 The annual retreat is to last at least five days.

§2 The time of mental prayer and other periods of recollection, as well as their modality, are

to be determined in the Particular Statutes.

RTICLE

The Guardians are to ensure that, on the occasion of a period of recollection or at another

suitable time, a Chapter of renewal of life is held, in which the Friars are to discuss what seems

necessary and useful for cultivating the religious life of the House and for increasing fraternal

charity.

RTICLE

§1 Ministers and Guardians are to ensure that adequate time is given to spiritual reading,

especially of Holy Scripture, even in common.

§2 Prayer is to be inspired by the writings and example of St. Francis as well as by the

teaching of the Franciscan Masters.

RTICLE

In determining the details in the Particular Statutes, the following are to have special

importance:

a. devotions to the mystery of the Incarnate Word, proper to the Order, at appropriate times

such as Advent, Lent, etc.;

b. the principal feasts of the Blessed Virgin Mary and Marian devotions of the Order;

c. the commemorations of St. Francis, both the Transitus and the feast of the Stigmata; and

the patron feast of the Province;

d. the community celebration of the renewal of religious profession.

RTICLE

The holy places and places of retreat consecrated to the memory of St. Francis and the Saints

are to preserve an atmosphere of silence and recollection in order to remain havens of intimate

prayer for both the Friars themselves and the friends of St. Francis and the Order. The influx of

pilgrims to these same places, however, should be an occasion for making the means of

salvation available to people and for giving witness to Franciscan life.

349

Cf. CIC 1234 §1.

RTICLE

The blessing of sacred places in the area of a Province pertains to the Minister Provincial,

unless this is reserved to the Diocesan Bishop (cf. can. 1207). The Minister can bless the Way

of the Cross even in places other than houses of the Province. If he grants permission for

erecting an oratory, he himself can allow this to be designated for secular purposes (cf. can.

1224 §2).

RTICLE

§1 The Ministers are to strive earnestly to have at least one hermitage or House of prayer

erected in the territory of their own Province or of the Conference of Ministers Provincial.

§2 The Friars that reside in such places are to try to receive willingly, without detriment to

their own recollection, groups of the faithful and to initiate them into Franciscan prayer.

RTICLE

§1 Friars that have received the faculty to hear other Friars’ confessions from their own

Minister Provincial can hear the confessions of all the Friars of the Order everywhere.

350

§2 The Friars, no matter where they may be, can confess to any priest approved by his

Ordinary.

RTICLE

The forms of penance, adapted to the circumstances of time and place, are to be established

in the local Chapter in accordance with art. 34, §§2-3 of the General Constitutions.

RTICLE

The Particular Statutes are to establish the suffrages to be offered in common for each

deceased Friar and at least one Mass is to be celebrated for him by each priest of the Province.

RTICLE

§1 Parents and benefactors, both living and deceased, share in the prayers and suffrages

offered in the fraternities of the Order.

§2 The suffrages for the deceased father and mother of a Friar and for benefactors are to be

offered in accordance with the Particular Statutes.

350

Cf. CIC 968 §2; 969 §2.

CHAPTER III

“YOU ARE ALL BROTHERS”

(Rnb 22,33)

RTICLE

The Ministers and the Guardians are diligently to ascertain and take care that what is

necessary is provided to the Friars according to the conditions of places, times and people so

that superfluous things are not permitted or necessary things denied.

RTICLE

The juridical condition of retired Bishops who return to a Province or Custody is to be

defined in particular Statutes, noting however that they cannot enjoy active and passive voice

in the Order.

RTICLE

§1 The old and infirm Friars are to enjoy all the benefits of common life in fraternity and of

ecclesial and social companionship so that, from their experience and fidelity, they may offer

witness to the consecrated life and give the services of which they are capable.

§2 Each and every Friar is to show particular reverence and sense of gratitude to the older

Friars.

§3 The Ministers and Guardians are to assure fraternal assistance and suitable help of every

kind to the sick Friars.

RTICLE

§1 Within the Province mutual relationships are to be encouraged between the Friars

themselves and the Houses. In addition, interprovincial relationships are also to be promoted in

accordance with appropriate norms established in the Particular Statutes.

§2 Due services of fraternity and charity are to be shown by all Friars, especially by the

Ministers and Guardians, to the Friars and Provinces that, through adverse circumstances, are

in grave difficulty.

§3 The Ministers, observing the requirements of law, are to provide for the personal and

material needs of other poorer Provinces.

RTICLE

The Ministers Provincial with their Definitories, aware that the Order is a true Fraternity,

are to willingly cooperate to the best of their ability in supporting the initiatives and works of

the Order, as well as the Houses immediately subject to the Minister General, by supplying

Friars and material means.

RTICLE

§1 It is the duty of the Guardian, with the local Chapter or Discretorium, and with the

approval of the Minister Provincial, to fix the limits of the enclosure in accordance with the

Particular Statutes.

§2 The Guardian may alter the limits of the enclosure or even remove them as an exception

only and for a just reason.

RTICLE

The Friars are permitted, in special circumstances, to wear clothes different from what is

determined in article 48 §1 of the General Constitutions, in the Particular Statutes or by the

Provincial Definitory.

RTICLE

§1 If urgent necessity, Christian charity or evident usefulness require the Guardian or

Minister Provincial to be absent for a prolonged period, these reasons must be approved by the

respective superior Minister. Those that will be absent are to remember to make provision so

that the Friars do not suffer any harm or inconvenience by such absence.

351

§2 A Guardian or Minister Provincial who is about to leave the confines of his territory,

even for a short time, is to inform the person who, by law, must take his place.

RTICLE

§1 Friars are to be appointed in each House and Province, according to the norms of the

Particular Statutes, to compile the chronicle, take care of the archives and exercise other offices

necessary for the life of the fraternity.

§2 Libraries, especially the more noteworthy and valuable ones, are to be preserved with

great care, protected and cared for according to the needs of our times. The same is valid for

the archives, museums and works of art.

RTICLE

§1 The General Spiritual Assistant of the Secular Franciscan Order (SFO) and Franciscan

Youth (YOUFRA), is named by the Minister General for the whole Order according to the SFO

General Constitutions and Statutes for the SFO spiritual assistant.

§2 The Assistant for national and regional Fraternities is named by the respective Major

Superiors, for local Fraternities by the Minister Provincial or Custos in the area of their own

jurisdiction.

RTICLE

§1 The General Assistant animates and coordinates in particular the assistants of the Order

of Friars Minor in their spiritual and pastoral care for the SFO Fraternities and YOUFRA which

receive help from our Order.

§2 The General Assistant provides his service with other General Assistants of the First

Order and TOR, jointly providing spiritual and pastoral care to the SFO and YOUFRA

considered together, and cooperating according to the norms of the Statute for assistance and

the respective Ordinance.

351

Cf. CIC 629.

CHAPTER IV

“PILGRIMS AND STRANGERS

IN THIS WORLD”

(1Pt 2,11; Rb 6,2)

TITLE I

On the manner of working and travelling

RTICLE

The Friars, always living in humility and cheerfulness of heart, are to refrain from all pride

and avarice, to diligently attend to their daily work and to be ready to give their service to all

people.

RTICLE

§1 It pertains to the Guardian to promote and regulate all work in his respective House. He

is to remember, however, that his principal responsibility is to unite and protect the Friars

assigned to the various tasks in the fraternity.

§2 It is the responsibility of the local Chapter not only to deal with the problems regarding

the progress of work, evangelisation and pastoral care, but also to seek solicitously reports on

the work of each Friar in order to establish and foster fraternal communion.

RTICLE

§1 It is lawful, and even appropriate, for the Friars to submit themselves to the laws on

assistance, social security and pensions in accordance with the norms of the Particular Statutes,

without prejudice to art. 79 §2 of the General Constitutions.

§2 The Friars are to willingly accept the service of the health services from those societies

instituted for this purpose.

RTICLE

§1 When the fruits of work and other subsidies are not sufficient for the support of the

Fraternity, the Friars, according to the circumstances of places and in dependence on the

Minister Provincial and the Guardians, may have recourse to benefactors, as the situation will

suggest best.

§2 Where it should seem necessary and appropriate to the Minister Provincial, as well as

suitable for giving witness, the Friars may seek alms from door to door,

352

but within the

confines of their own Province.

§3 Permission to travel into the territory of another Province to gather alms is not to be

granted except with the consent of the Minister of that Province.

RTICLE

It is not licit for the Friars to accept perpetual legacies, perpetual offerings or stable forms

of income that would exempt them from the need to work. Legacies that are satisfied through

a single act and do not have a character of perpetual income may be accepted, in accordance

with the norms of the Particular Statutes.

RTICLE

The Friars are to refrain from seeking travel permissions that the Ministers and Guardians

cannot reasonably grant. Permission to travel is not to be granted unless the journey is

undertaken for reasons compatible with poverty.

352

Cf. Test 22.

RTICLE

Friars on a journey must go to our Houses and are to be always received with courteous

hospitality.

RTICLE

§1 The Minister General can grant permission to travel to all Friars of the entire Order.

§2 Ministers Provincial have the faculty to grant permission to travel to their own Friars in

accordance with the Particular Statutes. In order to grant permission to travel beyond these

limits, however, they need the consent of their Definitory.

§3 If a Friar’s sojourn in another Province goes beyond three months, his Minister Provincial

is to inform the Minister Provincial of that Province. And if a Friar is to remain in any House

of that Province, his own Minister is to obtain prior approval of the competent Minister.

§4 The competence of the Guardian with regard to travel is to be determined by the

Particular Statutes.

RTICLE

The Ministers and Guardians, each time they grant travel permission in writing, are to

specify the time and places of the journey in the letters of obedience.

RTICLE

Vacations, which are to be granted to the Friars at an appropriate time in accordance with

the Particular Statutes, are to be arranged in such a way that the duties of the fraternity are

provided for and, at the same time, that they respond to the purposes and spirit of our poverty.

TITLE II

On the tasks of the Office of Justice,

Peace and Integrity of Creation (JPIC)

RTICLE

The main task of the General Office for Justice, Peace and Integrity of Creation, in

dependence on the Minister General, is:

§1 To ensure that JPIC becomes part of the life and service of the Order by collaborating

with the Secretariat for Formation and Studies as well as with the Secretariat for the Missions

and Evangelisation, in cooperation with the JPIC Animators and Commissions of all levels.

§2 To educate the Friars on matters regarding JPIC.

RTICLE

§1 The General Office of JPIC is to be helped by the International Council for Justice, Peace

and Integrity of Creation, constituted in accordance with the norms of the Special Statutes

approved by the Definitory General.

§2 Each Conference and Province is to draw up Statutes in which the integration of JPIC

into the life and service of the Order is provided for during both initial and ongoing formation

as well as for those that are, in a specific way, engaged in JPIC.

RTICLE

§1 A Commission for JPIC, composed of members from each Entity of the Conference, is

to be instituted in each Conference. The task and function of the Commission, as well as the

norms for the election of its President, are to be established by appropriate Statutes, which

require the approval of the Conference.

§2 The said Commissions, in all that regards JPIC, must cooperate in a suitable way with

the Franciscan Family, with “Franciscans International”, with the Commissions of the Dioceses

and Religious Institutes as well as with the organisations of civil Society that enjoy a good

reputation.

RTICLE

§1 Each Province and the other Entities of the Order are to have an Animator of JPIC.

§2 Wherever it is possible, a Council or Commission is to be appointed, which is to help the

Minister Provincial and the JPIC Animator in promoting the formation and work of JPIC within

the confines of the Province.

§3 The tasks of the Animator of JPIC, who always operates in dependence on the Minister

Provincial or Custos, are to be defined in Special Statutes. He will promote and coordinate the

integration of JPIC into the life and services of the Province or Custody; and, above all, he will

support JPIC undertakings on all levels.

RTICLE

The fraternal dimension of Franciscan life and the call to be a lesser brother have direct

implications for how the Order of Friars Minor must respond to the evil of the sexual abuse of

children and vulnerable adults. As “brothers to all”, all friars are called to have respect for the

dignity and worth of every human being, in particular of minors and vulnerable adults. To

ensure a coherent Order-wide response to this call:

§ 1 A Standing Committee for the Safeguarding of Minors and Vulnerable Adults is

established.

§2 Each Entity is obliged to establish structures, procedures, resources, and educational

programmes for all matters related to the safeguarding of minors and vulnerable adults for friars

and collaborators according to the types of pastoral and educational activities undertaken.

§3 Where it is judged to be more effective, several Entities in the same geographical area or

within the same Conference of Ministers Provincial can set up common structures, procedures,

resources, and educational programmes in collaboration with the particular Church.

§4 The Order's Standing Committee for Safeguarding Minors and Vulnerable Adults must

be informed of all these structures, procedures, resources and educational programmes, and will

report to the Minister General and his Definitory.

§5 The actual functioning of these structures, procedures, resources, and educational

programmes is to be evaluated by the Visitator General during the canonical visitation, using

the assistance of external experts in the field when necessary.

CHAPTER V

GOD HAS SENT YOU INTO THE ENTIRE

WORLD FOR THIS REASON

(cf. LtO 9)

TITLE 1

The General Norms of Evangelisation

RTICLE

§1 The Friars, in accordance with art. 84 of the Constitutions, are to dedicate themselves to

the task of evangelisation wherever they may be and whatever work they may be doing so that

they may announce the coming of the Kingdom of God through simple Franciscan presence,

witness of life, words and deeds.

§2 It is the duty of the Chapters, both General and Provincial, to examine and evaluate the

ministry of evangelisation of the Friars and to propose instructions and suitable ways and means

for promoting Franciscan evangelisation.

353

RTICLE

§1 It is the duty of the Minister General with his Definitory to animate, take care of and

discern the evangelisation of the Order, to direct missionary evangelisation and to supervise

it.

354

§2 In exercising this duty, the Minister General uses the General Secretariat for the Missions

and Evangelisation.

§3 It pertains to the office of the Secretary General for the Missions and Evangelisation to

help the Minister General, through advice and action, in all that regards evangelisation.

RTICLE

It is the duty of the General Secretariat for the Missions and Evangelisation, in dependence

on the Minister General:

1. to support the testimony of Franciscan presence and to animate activities of

evangelisation;

2. to care for and promote, through suitable means and initiatives, evangelisation in the

Order;

3. to coordinate and accompany the missionary activities of the Order and Provinces;

4. to discern, in the light of the Franciscan charism and of the demands of our times, all

initiatives of evangelisation;

5. to promote an ever-greater collaboration between the Provinces and between the

Conferences of Ministers Provincial.

RTICLE

§1 The General Secretariat for the Missions and Evangelisation is composed of two sections:

one for Evangelisation and the other for the Missions.

§2 The General Secretariat for the Missions and Evangelisation is regulated by Special

Statutes approved by the Minister General with the consent of his Definitory.

RTICLE

§1 The International Council for the Missions and Evangelisation, composed of delegates

from all the Conferences of Ministers Provincial and of other Friars, in accordance with the

Special Statutes, helps the General Secretariat for the Missions and Evangelisation.

353

Cf. GGCC 112 §1.

354

Cf. GGCC 119 §1.

§2 Each Conference of Ministers Provincial elects a Delegate in accordance with the norms

of the Conference itself and of the Special Statutes of the International Council for the Missions

and Evangelisation.

RTICLE

§1 It pertains to the Minister Provincial with his Definitory to direct the activity of

evangelisation within the Province, in accordance with the legislation of the Order, bearing in

mind the decisions and instructions of the General and Provincial Chapters.

§2 Each Province is to have its own Secretariat for the Missions and Evangelisation, over

which the respective Secretary presides. The Secretariat is composed of the Secretary, the

Animator of the Missions, the Animator of Evangelisation and other Friars, in accordance with

the Particular and Special Statutes.

RTICLE

§1 It is the duty of the Provincial Secretary for the Missions and Evangelisation to promote

and coordinate, in dependence on the Minister Provincial, all evangelisation in the Province.

His task is to be more precisely determined in the Particular and Special Statutes.

§2 The duty of the Animator of the Missions, in addition to what is established in the

Particular and Special Statutes, is to animate and promote the spirit and the initiatives of

missionary activity within the confines of the Province, to support communications of the

Province with the Friars in the missions and to collect alms that, in dependence on the Minister

Provincial, are to be spent for the benefit of missionary works.

§3 It pertains to the Animator of Evangelisation to coordinate, in accordance with the

Particular and Special Statutes, all activity that belongs to the different forms of evangelisation.

§4 The Provincial Secretary for the Missions and Evangelisation is elected during the

Capitular Congressus or, outside Chapter, by the Provincial Definitory. If it is necessary, the

Provincial Secretary for the Missions and Evangelisation can assume the office of Animator of

the Missions or the office of Animator of Evangelisation at the same time.

§5 The Animator of the Missions and the Animator of Evangelisation are elected during the

Capitular Congressus or, outside Chapter, by the Provincial Definitory.

RTICLE

§1 An Interprovincial Secretariat for the Missions and Evangelisation is to be instituted, if

possible, for each Conference of Ministers Provincial. The main task of this Secretariat is to

animate and promote cooperation, formation and exchange of experiences in the area of

evangelisation and to set up relationships between the different Provincial Secretariats and

between these and the General Secretariat for the Missions and Evangelisation.

§2 In each Conference of Ministers Provincial there is to be instituted, if it seems

appropriate, an Interprovincial Council for the Missions, composed of the Delegate for the

Missions and Evangelisation and by the Animators of the Missions, to promote the missionary

spirit and activity within the Conference of Ministers Provincial and participation in the

missionary initiatives of the Order; to animate interprovincial cooperation in the area of

Missionary Evangelisation and, in accordance with the Special Statutes of the General

Secretariat for the Missions and Evangelisation, to set up relationships with the General

Secretariat for the Missions and Evangelisation.

§3 The Interprovincial Secretariat for the Missions and Evangelisation and the

Interprovincial Council for the Missions are regulated by their own Statutes, in accordance with

the norms of the Statutes of the respective Conference of Ministers Provincial and of the Special

Statutes of the General Secretariat for the Missions and Evangelisation.

TITLE II

On the task of organising evangelisation

RTICLE

§1 It is the responsibility of the Provincial Chapter, in accordance with the norm of art. 112

§1 of the General Constitutions and taking into account the decisions of the General Chapter or

of the Minister General with his Definitory and the inclination of each Friar, to decide about

works of evangelisation: in the pastoral ministry of parishes, in carrying out preaching, in

schools, in social assistance, in professional work and in other activities either approved by

tradition or responding to new demands.

§2 In making decisions, mentioned in §1, account must be taken of the works that the

Province can carry out better in cooperation with the particular Church and other Provinces and

which serve the greater usefulness of the whole Order.

RTICLE

§1 The Provinces, as well as the Conferences of Ministers Provincial, are to have appropriate

norms for regulating activities of evangelisation. These norms, however, must be

accommodated to the orientations of the Order and to the decrees issued by the Episcopal

Conferences.

§2 The Ministers Provincial, keeping in mind also the requirements of their own

Conferences and of the entire Order, are also to identify and define the tasks and services for

which the training of specialists is required and to have the greatest care in making provision

for their training.

RTICLE

The acceptance of parishes, or of other works that are entrusted to the Province by the

Diocesan Bishop

355

, pertains to the Minister Provincial with the consent of his Definitory. The

Minister Provincial must draw up a written agreement about the matter with the Bishop, in

accordance with can. 681 §2.

RTICLE

§1 In accepting parishes, of which the Minister General must be informed, the Minister

Provincial is to have preference for those in which witness to minority and fraternity can better

shine forth.

§2 If a parish is erected in a church of the Order, the relationships between the fraternity and

the parish, especially regarding the use of the church,

356

are to be carefully defined in the

agreement.

§3 The aforesaid agreements are to be made even for parishes which have been entrusted

for a long time to a Province or Custody, and are to be completed by mutual agreement with

the Ordinary of the place.

RTICLE

§1 It pertains to the Minister Provincial to admit or present to the Bishop for the exercise of

pastoral offices those Friars whose suitability has been sufficiently established.

357

§2 The Friars who, by reason of an agreement, are engaged in any office, in so far as they

are religious, are subject to the visitation and correction of the Minister Provincial and to the

supervision of the Guardian. In all things relating to their service, however, they are subject to

the authority of those for whom they give the service.

358

355

Cf. CIC 520 §1.

356

Cf. CIC 520 §2.

357

Cf. CIC 682 §1.

358

Cf. CIC 678 §2.

§3 Those exercising any pastoral ministry in Dioceses are subject to the jurisdiction of the

local Ordinaries, in accordance with the norm of law, in all that concerns the faithful exercise

of the pastoral office and the proper ordering of the care of souls.

359

RTICLE

§1 The Ministers, Guardians and Friars engaged in pastoral ministry are to commit

themselves so that they may appropriately cooperate with diocesan and regional Institutions in

all that pertains to the organisation and methods of evangelisation.

§2 Fraternities of the same diocese or region are to encourage mutual relationships and

closer cooperation between them as well as with members of Institutes of Consecrated Life

who reside and work in the same territory.

RTICLE

The apostolate of the education of youth, even in schools, is to be suitably promoted so that

the laity may be properly formed for the service of the Church and human society and so that

ecclesiastical and religious vocations may be encouraged.

RTICLE

The Minister and Friars in each Province, in accordance with article 97 of the General

Constitutions, are to have special concern for those excluded from social life in our time.

RTICLE

In order to publish books treating questions of religion and concerns morals Friars need the

permission of the Minister Provincial, who grants it after receiving the appropriate judgment of

the censors (cf. can. 832). This permission is also necessary for any translation (cf. can. 829,

GGSS 109 §2).

TITLE III

On organising Missionary Evangelisation

RTICLE

§1 The Minister General, with the consent of his Definitory, can assign missionary

undertakings to individual Provinces or groups of Provinces, having consulted the Ministers

and Provincial Definitories concerned. The same Minister can accept such missionary

undertakings in the name of the entire Order and assign them to groups of Friars coming from

various Provinces, having consulted the respective Ministers.

§2 The Missionary Evangelisation of the whole Order is regulated by Special Statutes that

are approved by the Minister General with the consent of his Definitory.

RTICLE

§1 It pertains to the Provincial Chapter and, if the matter is urgent, to the Provincial

Definitory outside Chapter, to request and accept from the Minister General a missionary

undertaking in a territory where a Province of the Order has not yet been established or, having

shown grave reasons, to withdraw from one; this renunciation, however, requires the approval

of the Minister General.

§2 A Province establishing a new mission in a country where there is no presence of the

Order must inform the President of the Conference in the region where the new mission is

located. It must seek to collaborate with neighbouring Provinces and Custodies in the work of

initial and ongoing formation, and in other areas of animation and the organisation of

missionary evangelisation.

§3 It is the duty of the Minister Provincial, with the prior consent of his Definitory, to accept

any special activity in a region where the Province has missionary work.

359

Cf. CIC 678 §2.

§4 The Province has the duty to provide sufficient and suitable Friars and aid to the

missionary undertakings assigned to it.

RTICLE

§1 The Provinces that have their own Friars incorporated into another Province because of

missionary evangelisation are to ensure that the good of that Province is continually promoted.

§2 Entities of Missionary Evangelisation that still cannot suitably maintain themselves are

to be helped in every way by the General Secretariat for the Missions and Evangelisation, under

the mandate of the Minister General with his Definitory, in accordance with the Special

Statutes.

RTICLE

The missionary spirit is to be animated in the whole Province and in every Fraternity,

especially in the Houses of formation and even among the members of the whole Franciscan

Family as well as among other Christian faithful.

RTICLE

§1 The spirit of missionary cooperation, participation and communion is to be promoted in

each Province through the Franciscan Missionary Union.

§2 The Provincial Animator of the Missions is also the Promoter of the Franciscan

Missionary Union, unless it is otherwise provided for in the Particular Statutes.

RTICLE

§1 The Ministers, with the consent of their Definitories, can, in accordance with the law,

accept and send those lay faithful who freely offer themselves for the work of missionary

evangelisation.

360

§2 The rights and obligations of the lay faithful in the work of missionary evangelisation

work must be defined in a contract that is also valid, if possible, in the civil forum.

RTICLE

The Minister Provincial, having heard the advice of his Definitory, is to kindly accept the

proposal of a suitable Friar

361

who manifests the desire to work in any work of missionary

evangelisation of the Order.

RTICLE

§1 If the Province does not have its own missionary undertaking, the Minister Provincial,

through the General Secretariat for the Missions and Evangelisation, is to procure for the Friars

the possibility of joining the missionary undertakings of the Order or of another Province.

§2 In this case, it is the responsibility of the Minister Provincial to draw up an agreement in

which the length of time for giving the service and rights and obligations of the Friar concerned

are to be outlined.

RTICLE

The Ministers Provincial are to ask the Minister General, through the General Secretariat

for the Missions and Evangelisation, for an obedience for the Friars who wish to go on the

missions outside their own Province and they are to inform the same Secretariat of their

definitive re-entry into the Province.

RTICLE

§1 The alms collected within a Province or Conference of Ministers Provincial for the

benefit of missionary work are to be spent, in dependence on the same Ministers Provincial, on

missionary undertakings, in accordance with the Particular and Special Statutes.

360

Cf. CIC 784; 785.

361

Cf. Rb 12, 2.

§2 The General Secretariat for the Missions and Evangelisation is to be supported by the

contributions of all the Entities of the Order. The General Chapter is to determine ways and

means of providing such help

TITLE IV

The Custody and the Commissariats

of the Holy Land

RTICLE

Each Province is to try to have a suitable Friar always in the Custody of the Holy Land to

give his services for at least four years, without prejudice to the right of the Minister General

to send Friars from any Province, having consulted, however, the Minister Provincial and the

Custos of the Holy Land.

RTICLE

§1 The Minister General, with the advice of his Definitory and having consulted the Custos

of the Holy Land and the Ministers Provincial concerned, is to ensure the establishment of a

Commissariat of the Holy Land, presided over by a Commissary, in each Province or at least

in each region or nation, having taken the particular circumstances into consideration.

§2 It pertains to the Commissaries of the Holy Land to promote, within their territory, the

knowledge of, interest in and devotion to the Holy Places and also to organise pilgrimages to

them. It also pertains to them to solicit financial assistance in their own territory, in accordance

with particular law, to encourage apostolic activity for the promotion of the works of the Holy

Land.

§3 The office of Commissaries of the Holy Land and the management of the Commissariats

are regulated in accordance with the General Constitutions and Statutes.

RTICLE

The Commissariats of the Holy Land are of two kinds, in accordance with how they are

erected:

1. In a House directly dependent on the Custody of the Holy Land or erected by it in the

territory of another Province.

2. In a part of a House belonging to another Province: In this case the Commissariats are

subject to the visitation of the Minister Provincial of the House in which they have their

headquarters and they must present a three-year report to the Provincial Chapter.

RTICLE

The Commissaries of the Holy Land and, if it seems useful, also the Vice-Commissaries,

are elected for three years during the Capitular Congressus of the Custody if it is a question of

Commissaries of the first kind and in the Capitular Congressus of the Province if it is a question

of Commissaries of the second kind.

RTICLE

The Commissaries and the Friars assigned to a Commissariat are not to function outside the

confines of the region assigned to them, except with the permission of the competent Ministers

in accordance with the Statutes.

CHAPTER VI

“THEY MUST DESIRE TO HAVE

THE SPIRIT OF THE LORD

AND HIS HOLY MANNER OF WORKING”

(Rb 10,8)

TITLE I

General Norms on Education

RTICLE

§1 It is the responsibility of the Minister General with his Definitory to regulate and

supervise education throughout the entire Order, in accordance with art. 134 of the General

Constitutions.

§2 In exercising this office, the Minister General uses the General Secretariat for Formation

and Studies. The duty of the Secretary of this Office is to help the Minister General, through

advice and activity, in matters that regard formation.

§3 The Franciscan formation of the entire Order is to be regulated in accordance with the

Ratio Formationis and Ratio Studiorum that are approved by the Minister General with the

consent of his Definitory.

RTICLE

§1 It is the duty of the General Secretariat for Formation and Studies, in dependence on the

Minister General:

1. to moderate all formative activity in the Order;

2. to promote and coordinate formation and studies with suitable means and appropriate

initiatives;

362

3. to ensure the implementation of all that has been expressed and decided by the authorities

of the Order with regard to formation and studies and to oversee their observance;

363

4. to develop an ever-greater cooperation and dialogue between formators.

364

§2 The General Secretariat for Formation and Studies is regulated by Special Statutes

approved by the Minister General with the consent of the General Definitory.

§3 Each Entity of the Order is to provide support for the General Secretariat for Formation

and Studies. It pertains to the General Chapter to establish the means and methods of such help.

RTICLE

§1 The International Council for Formation and Studies, composed of Delegates from all the

Conferences of Ministers Provincial and other Friars, helps the General Secretariat for

Formation and Studies in accordance with the Special Statutes.

§2 Every Conference of Ministers Provincial is to elect a Delegate in accordance with the

norms of the respective Conference and of the Special Statutes of the International Council for

Formation and Studies.

RTICLE

§1 It is the duty of the Minister Provincial with his Definitory, in accordance with article

138 of the General Constitutions, to moderate and oversee education in his Province in

accordance with common and proper law.

§2 It pertains to the Provinces and other competent Entities to apply the norms of the General

Constitutions and General Statutes as well as the other documents of the Order to the specific

circumstances of persons and places.

362

Cf. PCO 81, 74.

363

Cf. PCO 81, 74.

364

Cf. PCO 81, 74.

§3 Each Conference of Ministers Provincial, each Province and each other competent Entity

is to draw up its own Ratio Formationis and Ratio Studiorum, observing the requirements of

law and safeguarding the unity between initial and ongoing formation. These Rationes

Formationis et Studiorum, approved in accordance with the Particular Statutes, are to be ratified

by the Minister General.

§4 To encourage greater cooperation among formators of the same territory or Conference,

Provinces and autonomous Custodies of the same territory or Conference can compose a single

“Ratio Formationis” and “Ratio Studiorum,” which must finally be approved by the Minister

General.

RTICLE

§1 Each Province is to have a Secretariat for Formation and Studies over which the

respective Secretary presides. This Secretariat is composed of the Moderator of Ongoing

Formation, the individual Masters or Rectors of the Houses of Formation, the Animator of the

Pastoral Care of Vocations, as well as other Friars as is found necessary, in accordance with

the Particular or Special Statutes.

§2 It is the duty of the Secretary to promote and coordinate, in dependence on the Minister

Provincial, all the educational activity of the Province. His function is to be determined more

precisely in the Particular and Special Statutes.

§3 The Provincial Secretary for Formation and Studies is elected in the Capitular

Congressus, outside the Congressus, however, by the Minister Provincial with his Definitory

or by the Custos with the Council of an autonomous Custody.

RTICLE

§1 For the individual Conferences of Ministers Provincial there is to be established, if it is

possible, a Conference Secretariat for Formation and Studies, whose duty will be to promote

dialogue and collaboration on formation and studies and to meet frequently with both the

General Secretariat and the Provincial Secretaries for Formation and Studies.

§2 The Conference Secretariat for Formation and Studies is regulated by the Statutes of the

respective Conference of Ministers Provincial.

§3 The Conference Secretary for Formation and Studies is elected in accordance with the

Statutes of the Conference of Ministers Provincial.

RTICLE

In addition to the Secretariat for Formation and Studies of each Conference, a number of

Provinces together may have an Interprovincial Secretariat for Formation and Studies, which

is regulated by Special Statutes.

TITLE II

Ongoing Formation

RTICLE

§1 The Ministers are to ensure that programmes of Ongoing Formation are drawn up during

the Chapters.

§2 According to art. 139 §2 of the General Constitutions, there is to be a Moderator of

Ongoing Formation, in accordance with the norm of the Particular Statutes.

RTICLE

§1 All that regards the implementation of Ongoing Formation

365

is to be provided for in

Particular Statutes, with special attention to at least the first five years after solemn profession.

§2 With regard to Franciscan Ongoing Formation, where circumstances advise it,

Interprovincial or Inter-obedience Houses are to be established.

365

Cf. PCO 81, 59b.

TITLE III

On Formators

RTICLE

The formators in a House of Formation are to accompany the candidates and Friars still

placed in initial formation and to work with them to discern the will of God in their lives, to

examine more deeply the reasons for their decision to embrace the Franciscan life, to evaluate

their experience of Fraternal life and minority and to seek out the programme of Franciscan life

that is most suitable for each one.

366

RTICLE

§1 According to article 139 §2 of the General Constitutions, in each House of Formation a

Master or Rector is elected during the Capitular Congressus and, outside the Congressus, by

the Minister Provincial with his Definitory or by the Custos of an autonomous Custody with

his Council, in accordance with the Particular and Special Statutes.

§2 In each House of Formation the Formation Team is constituted by those Friars who are

expressly assigned there by the Minister Provincial, having consulted his Definitory. This Team

is to be composed with such unity and variety that it can best respond to the needs of the

individuals according to their age, maturity, level of studies and other conditions.

§3 Formators for the Friars who, for various reasons, reside outside the House of Formation

are to be determined in the Particular Statutes.

TITLE IV

The Pastoral Care of Vocations

RTICLE

§1 A Friar animator and co-ordinator of the pastoral care of vocations is to be appointed in

each Province by the Minister Provincial in accordance with the Particular and Special Statutes.

§2 It is the responsibility of this Friar to promote and direct activities for Franciscan

vocations either in his Province and with other Provinces, or with the entire Franciscan Family,

in accordance with the norms of the General Constitutions and Particular Statutes.

TITLE V

Initial Formation

RTICLE

§1 It belongs to the Minister Provincial or Custos of an autonomous Custody to admit a

candidate to the Postulancy, observing the Particular Statutes.

§2 The Postulancy must be made under the guidance of the Master, in accordance with the

prescriptions of the Particular or Special Statutes.

§3 The duration of the Postulancy is to be determined in the Particular Statutes so that it is

not shorter than one year or longer than two years.

RTICLE

The requirements for candidates to the Novitiate, besides those that may be established in

the Particular Statutes and observing the requirements of universal law, are as follows:

1. the right intention, free will and spiritual, intellectual and social suitability;

2. suitable physical and mental health, with due consideration given to possible dispositions

inherited from the family;

3. due personal maturity;

4. due intellectual or professional training.

367

366

Cf. PCO 81, 59b.

367

Cf. CIC 642.

RTICLE

§1 He who is to be admitted to the Novitiate is to declare in writing:

1. that he does not suffer from any grave and chronic sickness and that he knows that if he

has maliciously concealed it, his admission and, thereby, his profession also will be null;

2. that he is entering the Order of his own free will;

3. that he is prepared to render all his services free of charge in accordance with the

disposition of the Ministers and Guardians, in such a way that he cannot claim any

recompense in money from the Order if, at any time, he should abandon the Order or be

dismissed by the Minister.

§2 The declarations mentioned in §1 above, signed by the Guardian, two witnesses and by

the candidate himself, must be preserved in the archives of the Province. In the case of a minor,

these declarations must be signed by his parents or legal guardian.

RTICLE

A candidate must be free of impediments established in universal law in order to be validly

admitted to the Novitiate and he must have completed at least his seventeenth year of age. He

must show certificates of baptism and confirmation and letters of freedom together with the

other documents required by the Particular Statutes.

368

RTICLE

§1 The Minister General, observing the requirements of law,

369

can receive, with ordinary

power, candidates to the Postulancy, Novitiate and profession throughout the whole Order and

he can also admit them in the Custodies and Foundations dependent on him.

§2 It belongs to the Minister Provincial and the Custos of an autonomous Custody to admit

to the Novitiate candidates for their own Province or Custody, observing the norms of the

Particular Statutes.

370

The Custos of a dependent Custody, however, needs the delegation of his

Minister.

RTICLE

§1 The prescriptions of the Particular Statutes and Ritual of the Order are to be observed

with regard to the act or rite of beginning the Novitiate.

§2 The Minister who receives a candidate into the novitiate, or the Friar delegated by him,

presides at the rite. In extraordinary circumstances, however, as in the case of impeded

communication with the respective Minister or with the one who is to take his place, the Friar

who governs the Novitiate House enjoys this power, provided it is certain that the admission

has already been made in accordance with the norm of §2 of the preceding article.

§3 A document on the beginning of the Novitiate, signed by the President of the rite, two

witnesses and by the candidate himself, must be drawn up.

RTICLE

§1 In order to be valid, the Novitiate must be made in a House of the Order properly

designated for this purpose and it must last twelve months.

371

§2 The erection, transfer and suppression of a Novitiate House are to carried out by written

decree given by the Minister General, with the consent of his Definitory.

372

§3 In an exceptional case, the Minister General, with the consent of his Definitory, can

permit an individual candidate to make the Novitiate validly outside the Novitiate House in

another House of the Order, under the direction of a suitable Friar who is capable of carrying

out the function of Master.

373

368

Cf. CIC 642.

369

Cf. CIC 641.

370

Cf. CIC 641.

371

Cf. CIC 647 §2; 648 §1.

372

Cf. CIC 647 §1.

373

Cf. CIC 647 §2.

§4 The Minister Provincial can permit the group of Novices to reside for determined periods

of time in another House of the Order designated by him.

374

RTICLE

§1 A Novitiate is not to be begun without the permission of the Minister General, unless

there are at least three candidates.

§2 If there has not been a Novice for five continuous years, a new Novitiate year cannot be

made without the consent of the Minister General, even in Provinces or Custodies that have a

canonically erected Novitiate House.

RTICLE

§1 The Novice Master, under whose direction the Novitiate is made, is to be a solemnly

professed Friar. He is elected in the Capitular Congressus or, outside the Congressus, in

accordance with the norm of art. 88 §1 these Statutes.

375

§2 The direction of the Novices, under the authority of the Minister Provincial, is reserved

to the Master alone, who, with the collaboration of the Formation Team, organises the fraternal

life and the formative activity of the Novices, observing the Particular and Special Statutes and

without prejudice to art. 140 §3 of the General Constitutions.

376

§3 A judgement on the suitability of the individual Novices, observing the provisions of the

Particular and Special Statutes, is to be drawn up in writing twice a year by the Master with the

collaboration of the Formation Team. Signed by the Master himself, it is to be sent to the

Minister Provincial.

RTICLE

During the Novitiate the ordinary course of studies is to be suspended. Other studies that are

useful for the better formation of the novices, can be permitted or even prescribed, in

accordance with the norm of articles 152-153 of the General Constitutions. Studies, however,

which are consonant with the Novitiate, must be guided towards the knowledge and love of

God and towards developing a life nourished by faith

377

Therefore:

1. The novices are to be introduced to the theology of the religious life, especially the

theology of the Rule, to the history and spirituality of the Order, based especially on the

writings of St. Francis, and, at the same time, to learning the gospel life in practice

through fraternal communion and participation in the activities of the Friars.

2. The novices are to conform themselves to the life of Jesus Christ through daily reading

of and meditation on the Sacred Scriptures and, especially, on the Holy Gospel, in which

our Rule is rooted.

3. Under the guidance of the Blessed Virgin Mary, Mother of the Church, the novices are

to be taught to speak with God through a method of personal prayer; to live the Paschal

Mystery more deeply and to share more intensely in the mysteries of the Church through

an active celebration of the Liturgy.

4. The novices are to practise the exercises of piety recommended by the sound tradition of

the Order and in conformity with the norms of the Sacred Liturgy so that they may be

strengthened in the spirit of prayer.

RTICLE

100

§1 According to art. 154 §2 of the General Constitutions, the Particular Statutes can establish

one or more periods of apostolic exercise outside the Novitiate House, without prejudice,

however, to the specific formation of the Novitiate.

374

Cf. CIC 647 §3.

375

Cf. CIC 651 §1.

376

Cf. CIC 650 §2; 651 §2.

377

Cf. CIC 652 §5.

§2 This apostolic experience must be a genuinely formative activity,

378

organised in such a

way that it does not begin until after the first three months of the Novitiate and so that the

Novice can remain there for six continuous months and return there at least one month before

making temporary profession.

RTICLE

101

§1 The Novitiate is interrupted, so that it must be begun again and completed, if the novice

remains absent from the Novitiate House for more than three months, whether continuous or

interrupted, except in the case of an absence that occurs for the purpose of apostolic experience,

or if he has been dismissed by the Minister and has left the House, or if he has abandoned the

House without permission and with the intention of not returning.

379

§2 If any doubt remains about the suitability of a Novice when the time of the Novitiate has

ended, the Minister Provincial, having consulted his Definitory, can prolong the time of the

Novitiate, but not beyond six months.

380

§3 A novice can freely leave the Order and the Minister Provincial, having consulted the

Master, can dismiss him.

381

RTICLE

102

Having completed the Novitiate and if he is judged suitable, the Novice is to be admitted to

first temporary profession, to be renewed annually, unless it is established otherwise in the

Particular Statutes.

RTICLE

103

§1 It belongs to the Minister Provincial or the Custos of an autonomous Custody, observing

art. 156 §2 of the General Constitutions and having consulted the Master and Formation Team

of the Novitiate House, to admit the Novice to first profession and to receive it.

§2 It belongs to the same Minister or Custos, in accordance with the Particular Statutes, to

admit and receive the renewal of temporary profession.

382

§3 The Custos of a dependent Custody needs the delegation of his Minister.

RTICLE

104

§1 The duration of temporary profession is to be established by the Particular Statutes, but

it should not be shorter than three years, nor longer than six years, without prejudice to §3 of

this article.

383

§2 The Minister Provincial or Custos of an autonomous Custody, to whom it belongs to

admit a Friar to profession, can, for a just cause, permit solemn profession to be anticipated,

but not by more than three months.

384

§3 The same Minister or Custos of an autonomous Custody, having consulted the Definitory

or Council, can, in particular cases and in accordance with the norms of the Particular Statutes,

prolong the time of temporary profession, but in such a way that the total time does not exceed

nine years.

385

RTICLE

105

§1 The period of temporary profession must be spent in a House of formation or, in

accordance with the Particular Statutes, in another House of the Order, but always under the

direction of a suitable Friar, who carries out the function of Master.

378

Cf. PCO 81, 29.

379

Cf. CIC 649 §1.

380

Cf. CIC 653 §2.

381

Cf. CIC 653 §1.

382

Cf. CIC 656.

383

Cf. CIC 655.

384

Cf. CIC 657 §3.

385

Cf. CIC 657 §2.

§2 It belongs to the Master of the Friars in temporary profession, with the collaboration of

the Formation Team, to direct all formation activity in accordance with the norm of the General

Constitutions, these Statutes and the Particular and Special statutes.

RTICLE

106

§1 During the time of temporary profession, all the Friars must follow an integrated

formation that is properly Franciscan so that they may live out more fully the life of our Order

and carry out its mission in a more suitable way.

§2 In order for such Franciscan formation to be carried out, as well as the theological and

humanistic formation, individual Provinces or even various Provinces together are to have their

own programme common to all the Friars, taking into account the directives of the Ratio

Formationis and the Ratio Studiorum.

RTICLE

107

§1 A report on the suitability of Friars in temporary profession, signed by the Master and

the Formation Team, is to be sent to the Minister Provincial or Custos of an autonomous

Custody at least once a year.

§2 Solemn profession is to be preceded by a spiritual and Franciscan preparation of at least

one month’s duration, which the candidates must carry out in holy recollection and prayer,

reflecting and meditating on the importance of this unique and special act through which a

religious is consecrated to God for ever.

§3 It belongs to the Minister Provincial or Custos of an autonomous Custody, observing art.

159 §2 of the General Constitutions, to admit Friars to solemn profession and to receive it,

having consulted the Master, the Formation Team, the solemnly professed Friars of the House

in which the candidate spent the previous year and other Friars, in accordance with the

Particular Statutes. The Custos of a dependent Custody needs the delegation of the Minister

General or Provincial.

RTICLE

108

In judging the suitability of the candidates to the Order, in addition to all that is prescribed

by universal law for validity, attention must also be paid to their necessary human maturity and

disposition to work: this requires suitable severity of judgement during selection.

386

TITLE VI

Formation for Ministries and Holy Orders

RTICLE

109

§1 Each Province or several Provinces together, if it seems appropriate, are to have their

own Study Centre for the formation of Friars who aspire to ministries and Holy Orders,

governed by its own Statutes, the requirements of law being observed.

§2 The erection and the suppression of Study Centres pertain to the Minister Provincial or

Ministers Provincial with the consent of their respective Definitories, having consulted the

Minister General.

RTICLE

110

§1 Studies in the entire Order are regulated by a proper Ratio Studiorum, approved by the

Minister General with the consent of his Definitory.

§2 The Ratio Studiorum of each Province or of several Provinces, through which the

education of the Friars who aspire to ministries and Holy Orders is regulated, is to be drawn up

with attention paid to the provisions of universal law, of the Episcopal Conference and of the

laws and directives of the Order.

387

386

Cf. CIC 658.

387

Cf. CIC 659.

§3 This Ratio Studiorum is to be approved by the Minister Provincial or, if it is a matter of

several Provinces, by the respective Ministers, with the consent of the Definitory and is to be

communicated to the Minister General.

RTICLE

111

When the Friars are prepared for ministries and Holy Orders in Institutes that do not belong

to the Order or in Federated Institutes, which do not come under the immediate guidance of the

Province, the Minister Provincial must make sure that the education of the Friars is completed

with the Ratio Studiorum of the Order and of the Province in mind.

RTICLE

112

§1 It belongs to the Minister Provincial, for his own Province, to admit Friars to the

instituted ministries and confer them, having consulted the Master and, if there is one, the

Formation Team.

§2 The Minister Provincial can admit a Friar to Holy Orders,

388

having consulted the

solemnly professed Friars of the House and others who have the care of and the responsibility

for his formation, with prior consultative vote of his Definitory, provided that the religious is

considered suitable and deemed useful to that ministry for the Church and the Order (cf. can.

1025 §2).

§3 Only for a canonical cause, even if occult, the competent Minister Provincial can forbid

the elevation to the presbyterate of deacons destined for it.

§4 It pertains to the Minister Provincial to declare irregularities and impediments to the

reception and exercise of the sacrament of Order, unless their cause is occult, and to dispense

from them in those cases not reserved to the Apostolic See.

TITLE VII

Formation for Other Services and Offices

RTICLE

113

§1 The Friars who are assigned to or strive for some service or office, must acquire

professional, technical and scientific training according to their capacity.

§2 This formation must be such that it can usefully serve the life of fraternity, the mission

of the Church and the needs of humanity.

TITLE VIII

The Promotion of Studies in the Order

RTICLE

114

§1 The Ministers are diligently to promote academic studies and have at heart the suitable

preparation of experts and teachers in the Institutes of the Order or in others in accordance with

the needs of the Provinces and the entire Order.

§2 The Ministers are to promote intellectual activity through Institutes of Studies and

meetings in both the Provinces and the Conferences.

RTICLE

115

The Ministers are to ensure that Centres for Studies and research and the publication of

scholarly works are organised as our times require, taking into account the needs of the Order

and Provinces.

RTICLE

116

§1 The Pontifical University Antonianum, of which the Minister General is the Grand

Chancellor and Moderator, occupies first place among the Study Centres of the Order.

388

Cf. CIC 1025; 1029; 1051.

§2 The Pontifical University Antonianum, as a centre of high scientific quality, with

Franciscan specialisation as a priority, supported by the mark of internationality and inter-

Franciscan cooperation, proposes these objectives as being proper to itself, namely:

1. to be a centre of Franciscan research and study;

2. to be a centre for training professors and formation personnel for the entire Order;

3. to foster its own scientific research for the benefit and service of the various institutes of

the Order;

4. to be of assistance to the Order in creating a unity of thought and spirit in the Friars.

389

RTICLE

117

The Ministers Provincial must give their cooperation to the Minister General for the

attainment of the ends of the Pontifical University Antonianum by providing professors,

students and resources.

RTICLE

118

The Friars of our Order must give their work in the service of the Pontifical University

Antonianum in a spirit of cooperation and obedience to the Minister General, in accordance

with the Special Statutes and the decisions of the Order.

389

Cf. PCO, 81 80-86.

CHAPTER VII

“THE BROTHERS ARE BOUND TO OBEY

BROTHER FRANCIS AND HIS SUCCESSORS”

(Rb 1,3)

The structures and government of the order

and the administration of goods

PART I

THE STRUCTURE AND GOVERNMENT

OF THE ORDER IN GENERAL

TITLE I

The Structure of the Order

RTICLE

119

§1 In the Order, besides Provinces, which are the principal entities for its life and mission

(cfr. GGSS 169 §1), there are also other Entities which are called Custodies, which can be either

autonomous or dependent, as well as Federations and Foundations.

§2 All brothers shall favor and promote cooperation among Entities by suitable means and

initiatives

RTICLE

120

§1 Before a new Province is erected, it must be clear to the General Definitory that there is

a possibility of living the life and mission of the Order with the necessary requisites for

formation, government, collaboration and financial support, with due regard for the

requirements of law.

§2 A new Province of the Order is not to be established unless, having consulted those

interested, there are at least forty solemnly professed Friars and six Guardianates with a well-

founded hope for the growth and establishment of the Order.

§3 In order to verify these conditions and all the other elements helpful for knowing the real

status of Entities of the Order attention should be especially given to the canonical Visitation

diligently carried out.

RTICLE

121

§1 If Friars of one or more Provinces are living in a region where, in the judgement of the

General Definitory, there is a sufficient number of Friars with a well-founded hope for the

future growth of the Order, with the advice of the Ministers of the Conference of that region

and having consulted the Friars, the Ministers Provincial concerned, on their own initiative or

at the request of the Minister General, are to draw up an agreement. Once this is done the

erection of a new Province or, if the case requires it, of an autonomous or dependent Custody

can proceed, with due regard for the requirements of law.

§2 To erect an autonomous Custody, unless the particular circumstances advise otherwise,

and having consulted those interested, at least 25 solemnly professed Friars and four

Guardianates are required, as well as a well-founded hope for the growth of the Order.

§3 For special reasons and circumstances, the Minister General, with the consent of his

Definitory, can erect a Custody dependent on himself or on a Province provided that there are

at least fifteen solemnly professed Friars and three Guardianates.

RTICLE

122

An autonomous Custody, unless it is expressly indicated otherwise, is equivalent to a

Province and all that is established in the General Constitutions and in these Statutes concerning

the Provinces and their government is to be applied to an autonomous Custody and its

government.

RTICLE

123

When Friars from different Provinces are working in a region where it is not yet possible to

establish a new Province or Custody, the respective Ministers, on their own initiative or at the

request of the Minister General, having consulted the Friars concerned, are to enter into

discussion among themselves so that the Minister General may be requested to establish a

Federation, which, by its nature, is a temporary Entity ordered towards the future erection of a

Province or Custody. The Structure and administration of a Federation are regulated by proper

Statutes, formulated by those concerned and approved by the Minister General with the consent

of his Definitory.

RTICLE

124

§1 When a new Province or autonomous Custody is erected, the Minister Provincial, the

Vicar Provincial and the Definitors of a Province and respectively the Custos, Vicar and

Councillors of an autonomous Custody, are elected for the first time for a three-year period by

the General Definitory, with the prior consultative vote of the solemnly professed Friars of the

Province or Custody.

§2 The Minister Provincial and Vicar Provincial, elected according to §1, can be elected

again for a sexennium and another triennium respectively, the Custos and Custodial Vicar as

well as Provincial Definitors and Councillors of a Custody for three triennial periods at most.

§3 However, in the case of the erection of an autonomous Custody as a Province, the

Minister, Vicar and Definitors are properly elected in the Chapter.

§4 If, when a new Province or autonomous Custody is erected, it seems necessary that

temporary norms for organising and supporting their life should be issued in accordance with

art. 3 §3 of these Statutes, they are to be approved by the Minister General with the consent of

his Definitory.

RTICLE

125

Entities in the Order, whether it be a Province, an Autonomous Custody, a Dependent

Custody, a Federation or a Foundation, must begin the process of suppression in the presence

of the following circumstances: the small number of friars, the advanced age of most of the

members, a real incapacity for governance and formation, the lack of candidates for several

years, the lack of the necessary vitality in living and transmitting the charism in dynamic

fidelity, evangelisation and financial sustainability.

RTICLE

126

§1 During the canonical visitation, it pertains to the Visitor General to recognize whether in

the Province or autonomous Custody there are present all the elements suitable for fulfilling

the life and mission of the Order (cfr. GGSS 120 and 121 §2), which is to be considered among

his most important tasks.

§2 Having concluded the visitation, the Visitor General must send an accurate report on the

status of the Entity, particularly in regard to the aforesaid elements.

§3 Should the report of the Visitor General not consider suitable the aforementioned

elements in the Province or autonomous Custody, the Minister General, having verified the

conditions reported, with the General Definitory and with its consent, shall decide by decree

that the government of the Province or autonomous Custody – after appropriate consultation

and having informed the Conference of Ministers Provincial of the matter – is to prepare, within

three years after the Visitation – a plan, to be approved by the General Definitory, for resolving

the question regarding the nature of the Entity to be established.

§4 Three years having passed without a useful outcome, it pertains to the Minister General,

having consulted inasmuch as possible the friars of the Province or autonomous Custody, with

the consent of his Definitory to make provision.

RTICLE

127

For special reasons and circumstances, the Minister General, with the consent of his

Definitory, may erect a House or Entity, a Foundation or a dependent Custody, even in the

territory of a Province or Custody, having consulted the President of the Conference, the

Ministers Provincial and the local Custodes, as well as the friars involved. Such a House,

Foundation or Custody shall depend on the Minister General himself, or on one or more

Provinces or autonomous Custodies, and shall be governed by its own norms issued by the

competent authority. In the case of dependence on more than one Province or autonomous

Custody, the competence of each Minister and Custos concerning the dependent entity should

be carefully established according to the norms of GGSS 129.

RTICLE

128

§1 When the presence of friars of a Province in a certain territory requires a certain

autonomy of life and unity of mission, and the conditions for establishing a Custody are not

present, the Minister General with the consent of his Definitory, on his own initiative or by

request of the Minister Provincial with the consent of his Definitory, can erect a Foundation, to

which he is to give its own norms or Statutes.

§2 The Minister General, with the consent of his Definitory, can establish a Foundation

dependent on himself.

§3 Friars admitted to novitiate and to profession in a Foundation dependent on the Minister

General are to be enrolled in the same Foundation.

§4 Each Foundation has its own Statutes according to GGSS art. 3 §3.

RTICLE

129

§1 In order to erect a Custody or Foundation dependent on a Province within the territory

of another Entity of the Order, the vote of the Council of that Entity in which the erection is

being made is also to be sought before the decree of erection is made. If it is a matter of an

erection in the territory of several Entities, the same is to be requested from the Councils of all

the Entities.

§2 For the erection of a House within the territory of another Entity, after the respective

Conference of Ministers Provincial has been consulted, the consent of both the General

Definitory and of the Definitory of the Province or Provinces concerned is required, as well as

a prior agreement of cooperation between the parties.

RTICLE

130

For a House or other Entity dependent on several Provinces or on any Entity of the Order or

the Franciscan Family, in addition to the norms of article 129 §2, which are to be observed in

its erection, particular Statutes for the government, general and local visitation and elections

are to be drawn up and approved by the respective competent authorities.

RTICLE

131

The suppression of a Custody, Federation and Foundation pertains to the Minister General,

with the consent of his Definitory.

RTICLE

132

When it is established that in order to take an action the Superior requires the consent of a

college or of several persons, the same Superior can neither cast his vote with the others, nor

resolve with his vote a tie in votes (cfr. Authentic interpretation, can. 127 §1 14 May 1985, in

AASS 77/1985/771).

TITLE II

Authorities of the Order in Houses

RTICLE

133

§1 In Houses immediately subject to him, the Minister General, besides his supreme

authority, exercises also that authority, alone or with the Definitory, which the General

Constitutions and Statutes attribute to a Minister Provincial, either alone or with the Definitory,

in the Houses of his own Province.

390

§2 The Guardians of these Houses, elected by the Definitory General and confirmed by the

Minster General, have the same authority as other Guardians, unless otherwise stipulated.

TITLE III

Conferral, Exercise and Loss of Offices

RTICLE

134

§1 The Minister and Vicar General, the Minister and Vicar Provincial, the General and

Provincial Definitors, the Custodes and Custodial Councillors and the Custos and Discretes of

the Holy Land must be elected by written ballots in a secret vote.

§2 In elections by written ballots, unless determined otherwise by these Statutes or by

Particular Statutes, provided a majority of those who must be summoned are present, those who

have obtained an absolute majority of the votes of those present in the first or second vote, are

considered elected.

§3 Ballots can be signed either on the outside envelope or on a tab that is to be separated

from it. Any custom contrary to this norm is clearly prohibited, since a signature on ballots is

contrary to the secrecy of the vote (cf. can. 172).

§4 Following two indecisive scrutinies, a vote is to be taken between the two candidates

who obtain the greatest number of votes in the second scrutiny, or, if there are more than two,

between the two seniors by first profession and, in the case of parity of profession, between the

two seniors by age. In this third scrutiny, the one who obtains the greater number of votes is

deemed elected. If, after the third scrutiny, there is still parity of votes, the senior by first

profession is deemed to be elected and, in the case of parity of profession, the senior by age

391

RTICLE

135

§1 The following must be elected by secret vote using tokens: The Secretary General,

Procurator General, Secretary General for the Missions and Evangelisation, the Secretary

General for Formation and Studies, the Bursar General, Visitators and Delegates General,

Guardians and Presidents of Foundations and, unless determined otherwise, the Presidents of

Federations.

§2 The offices of Provincial Secretary, Provincial Secretary for Missionary Evangelisation,

the Provincial Secretary for Formation and Studies, the Provincial Bursar, Masters, Vicars,

Bursars and Discretes of the House and all the other offices are conferred through oral approval

or, in the judgement of the President, by tokens, unless provided for otherwise in the Particular

Statutes.

§3 Those Offices are conferred by appointment of the Minister General and, respectively,

of the Minister Provincial, for which this form is prescribed in Particular and Special Statutes,

with appropriate prior consultation.

392

§4 It pertains to the Provincial Definitory or to the Council of an autonomous Custody to

elect to those offices which the Capitular Congress did not consider within three months of the

conclusion of the Provincial or Custodial Chapter (cf. GGSS 217).

390

Cf. CIC 596 §1.

391

Cf. CIC 596 §1.

392

Cf. CIC 625 §3.

RTICLE

136

Incompatibility of offices, if it has not been established by either universal law or proper

law of the Order, can be declared by the competent authority.

RTICLE

137

All offices and positions, even those conferred outside of Chapter, always fall vacant at the

time of Chapter, unless it has been expressly established otherwise, or unless the Minister

Provincial, with the consent of his Definitory expressed through a secret vote, has requested

and obtained a prorogation in a particular case and for a grave reason from the Minister General,

with the advice of his Definitory.

RTICLE

138

§1 Norms regarding vacancy of offices do not oblige unless the prescribed period of time

has been fully completed or is from Chapter to Chapter.

§2 If an interval of vacancy is prescribed in the conferral of offices, it is required that the

period of time prescribed must be fully completed; that is, from Chapter to Chapter.

§3 Unless particular Statutes determine otherwise, in moving from a lower office to a higher

one and likewise from a higher office to a lower one, no interval of vacancy is prescribed.

§4 If the required vacancy is not observed, the conferral of an office is invalid, unless a

legitimate dispensation from the vacancy has been granted.

§5 The Minister General, with the consent of his Definitory, can dispense from the

completion of the vacancy for a just cause unless it concerns the offices dealt with in article

134 §1 of these Statutes.

RTICLE

139

§1 The President of the Chapter, after consulting the Chapter Members, can accept the

resignation from an office conferred during the Chapter, if the resignation is submitted during

the same chapter.

§2 The resignation of the Minister General made outside of Chapter has no effect unless it

is submitted to and accepted by the Holy See.

§3 The Minister General, with the consent of his Definitory, can accept the resignation of

the Vicar General, of a General Definitor and of a Minster Provincial outside of Chapter. This

holds good for the resignation from offices whose conferral is regulated in accordance with art.

189 of these Statutes. If, however, a Minister Provincial resigns his office during a Chapter

presided over by himself, the resignation can be accepted by the Chapter under the presidency

of the Vicar.

§4 Resignation from other offices that have been conferred in election by written ballot or

by voting with tokens is subject to the acceptance of the respective Minister, with the consent

of his Definitory.

§5 The Minister General or the respective Minister Provincial can accept a resignation from

those offices conferred by verbal approval or by appointment.

RTICLE

140

§1 The Minister General, with the consent of his Definitory expressed through a secret vote,

observing the requirements of law, can decree the removal from office, for a very grave reason,

of either a Minister Provincial or the entire government of the Province.

§2 The respective Ministers, with the consent of their Definitories expressed through a secret

vote, observing the requirements of law, may decree, for a grave reason, the removal from other

offices conferred by election, whether by written ballot or by voting with tokens.

§3 Recourse, with suspensive effect, is directed to the Minister General and respectively to

the Holy See against a decree of removal, issued in the cases mentioned in §§1-2 of this article.

Hierarchical recourse, if undertaken, must be proposed before the Minster by whom the decree

of removal was issued within fifteen canonical days to be computed from the notification of

the decree. Once this time limit has elapsed without recourse being proposed, the office is

legally vacant.

393

§4 The respective Minister, with the consent of his Definitory, can decree the removal from

an office conferred by oral approval. The respective Minister may decree the removal from a

position conferred by appointment.

PART II

GENERAL GOVERNMENT OF THE ORDER

TITLE IV

The General Chapter

RTICLE

141

§1 The convocation of the General Chapter is to be made by the Minister General at least

six months before its celebration through a letter to the Order, in which the Chapter Members

are convoked and the day of its commencement and the principal topics are indicated.

§2 The method of procedure of the Chapter is established in its own Rules of Procedure.

RTICLE

142

§1 The text, or at least a summary, of all matters of major importance to be dealt with in the

General Chapter are to be communicated in good time to all the Friars through the Ministers

Provincial and Custodes.

§2 All Friars can send their opinions and proposals concerning the good of the Order either

directly to the General Chapter or through their Minister Provincial or Custos. In order for these

questions to be discussed in Chapter they need the approval of the Chapter, in accordance with

its Rules of Procedure.

RTICLE

143

§1 The most recent former Minister General must be invited to the Chapter as a legitimate

Chapter Member, but he is not obliged to attend.

§2 In addition to those mentioned in art. 192 of the General Constitutions, the following

must be summoned to the General Chapter as legitimate Chapter Members:

1. the Secretary General for the Missions and Evangelisation, the Secretary General for

Formation and Studies as well as the Procurator General and the General Bursar;

2. the Custodes of autonomous Custodies and of those dependent on the Minister General;

3. the Presidents of Federations.

§3 Each Conference of Ministers Provincial must elect, according to the norm of the Statutes

of the same Conference, one of the solemnly professed lay brothers residing in the territory as

a legitimate member of the General Chapter.

§4 In addition to the Minister Provincial, those Provinces with more than 300 friars in

solemn vows can elect one more member of the General Chapter; those Provinces with more

than 500 can elect two more.

§5 The General Animator of the Missions, the General Animator of Evangelisation, the

General Assistant of the SFO/YOUFRA; the Director of the General Office of Justice, Peace

and Integrity of Creation can be invited to the General Chapter.

§6 Substitutes are to be elected in case the Members mentioned in §§3 and 4 of this article

cannot be present.

§7 The Chapter may utilise the services of experts, whose participation is to be carefully

determined in the Rules of Procedure of the Chapter.

393

Cf. CIC 1737 §2.

TITLE V

The Plenary Council of the Order

RTICLE

144

The Plenary Council of the Order is to be convoked by the Minister General at the time and

place established by the General Chapter or when it seems opportune to the Minister himself,

with the consent of his Definitory, and, in addition, any time the majority of the Conferences

requests it.

RTICLE

145

§1 The Council Members of the Plenary Council of the Order are to be elected by the

Conferences of Ministers Provincial so that two Council Members are present from each

Conference.

§2 The Minister General, with the consent of his Definitory, can designate other Council

Members for the Plenary Council, provided that the designated Councillors do not exceed half

the number of the Conferences of Ministers Provincial.

§3 Friars, who may or may not be Ministers, can be elected as Council Members. The

election of Council Members is made by the Conferences as they see fit, so that the Council

Members will have been elected at least three months before the celebration of the Plenary

Council. The names of the elected Council Members and of their substitutes are to be sent to

the Minister General in good time.

RTICLE

146

§1 The Minister General, with the consent of his Definitory, compiles the list of questions

to be dealt with in the Plenary Council and is to ensure that this is sent to the members of the

Conferences of Ministers Provincial six months beforehand so that they may exchange ideas

on the matters proposed.

§2 It is the right of each Friar to propose to the Minister General, in good time, topics to be

dealt with during the Plenary Council; likewise, each Member is able to present questions to be

discussed during the assembly itself, if one third of the Council has approved them.

TITLE VI

The Meeting of Conference Presidents

with the Minister and Definitory General

RTICLE

147

§1 At least once every two years, the Minister General is to convoke a meeting of the

Presidents of the Conferences, either all of them or just those of a certain territory. The purpose

of the meeting is to consider, with a consultative voice, the issues, questions and matters of

major importance for the Order.

§2 The convocation and the presidency of this meeting pertains to the Minister General,

who, together with the General Definitory, is to take care of its preparation.

TITLE VII

The Vicar General

RTICLE

148

§1 The Vicar General, who enjoys ordinary vicarious power in the Order and who is

understood to be an Ordinary,

394

governs the Order when the Minister General is absent or

impeded.

§2 When the Minister General is present, the Vicar General exercises his authority in

accordance with the norm of the Special Statutes of the General Definitory

395

and can carry out

394

Cf. CIC 1737 §2.

395

Cf. CIC 1737 §2.

singular administrative acts: to issue decrees, precepts and rescripts.

396

The Minister General

can also give him other faculties.

§3 The Vicar General must refer to the Minister General important matters that need to be

dealt with and those that have been dealt with; he is never to act contrary to the will and mind

of the Minister General.

397

TITLE VIII

The General Definitors

RTICLE

149

§1 The number of General Definitors and the method of their election are determined by the

General Chapter.

§2 Each General Definitor is to be elected, taking account of the following: his training and

qualities in relation to the animation of the life and mission of the Order, his ability at

international ‘relations’ and team work, as well as his knowledge of languages and cultures.

§3 In the elections of the General Definitors it is very necessary to take regions and

languages into account, since the General Definitory of the Order, in so far as is possible, must

express its ethnic, cultural and geographic diversity.

RTICLE

150

It is the special duty of the General Definitors, elected for the whole Order, without prejudice

to articles 202-205 of the General Constitutions, to give advice to the Minister General in all

that concerns the life and mission of the Order, to fulfil any special duties entrusted to them by

the same Minister General and to promote the gospel life within the Entities and regions of the

Order.

TITLE IX

Offices of the General Curia

RTICLE

151

§1 In the General Curia, in addition to the General Secretariat for the general affairs of the

Order, there is to be:

– The General Procuration for relationships with the Holy See;

– The General Secretariat for the Missions and Evangelisation;

– The General Secretariat for Formation and Studies;

– The General Postulation for the causes of beatification and canonisation;

– The Office of the Bursar General;

– The Office for “Justice, Peace and the Integrity of Creation”;

– The Office for Nuns and Franciscan Institutes;

– The Office for the Secular Franciscan Order and for Franciscan Youth;

– The Office of Protocol and General Archives;

– The Office for Communications;

– The Development Office;

– The Office for the Safeguarding of Minors and Vulnerable Adults.

§2 In addition to the Offices enumerated in the preceding paragraph, others can be instituted

by the General Definitory.

RTICLE

152

The Secretary General, the Procurator General, the Secretary General for the Missions and

Evangelisation and the Secretary General for Formation and Studies are elected for a six-year

period by the Minister General with his Definitory. All other officials, unless prescribed

otherwise in these statutes, are appointed at the discretion of the Minister General.

396

Cf. CIC 35; 48-49; 59.

397

Cf. GGCC 200 §1.

RTICLE

153

§1 The Secretary General of the Order has the duty of properly coordinating, even for the

other offices, all the work that is done in the General Curia.

§2 The Secretary General attends the sessions of the General Definitory, but without having

a deliberative vote. He records in writing what has taken place, keeps the seal of the Order and,

under the authority of the Minister General, coordinates everything concerning administrative

matters that have to be dealt with. In addition, he is to ensure that the acts of the Curia are drawn

up and kept in the archives.

RTICLE

154

§1 The Secretary for the Missions and Evangelisation helps in coordinating and animating

the whole Order’s undertakings of missionary evangelisation and pastoral care.

§2 It also pertains to him to offer assistance to the Provincial and Inter-provincial Secretaries

for the Missions and Evangelisation in their work as animators of the Friars and the Christian

faithful.

RTICLE

155

§1 The Secretary for Formation and Studies helps in promoting research on the principles

of both initial and ongoing formation and in their application, in accordance with the norm of

universal and proper law.

§2 The Secretary for Formation and Studies, by mandate of the Minister General, is to visit

the Research Centres of the Order and the Houses of Formation and to promote relationships

between them and with the General Curia.

RTICLE

156

§1 A member of the Definitory or another Friar can be elected Procurator General.

§2 It is the duty of the Procurator General, in the name of the Minster General, to conduct

and expedite all of the Order’s business with the Holy See, except what pertains to the causes

of beatification and canonisation.

§3 Whenever the Procurator General is absent or impeded, the Secretary of the Procuration

manages the affairs of the procuration under the direction of the Minister General.

§4 Other Friars must not dare to by-pass the Procurator General and conduct or expedite

business at the Apostolic See that belongs to him.

RTICLE

157

It pertains to the Postulator General of the Order to name provincial Vice-Postulators,

designated by their Ministers Provincial, after hearing their own Definitory.

RTICLE

158

§1 The Bursar General’s office takes care of administering goods and contributions that, for

the good of the entire Order, are designated for the expenses of the offices of the General Curia

and of the Houses dependent on the Minister General, for the support of the needs of poor

Provinces and Custodies and for undertakings promoted by the General Definitory.

§2 The Council for Financial Affairs, the members of which are appointed by the Minister

General with the advice of his Definitory,

398

assists the Bursar General and Bursar General’s

Office.

§3 A legal representative separate from the General Bursar is to be named by the Minister

General, after consulting his Definitory for those transactions concerning temporal goods

which, according to civil law, require such an office.

398

Cf. CIC 1280.

RTICLE

159

The Bursar General, who presides over the Council for Financial Affairs, is to take care of

the proper administration of the temporal goods of the Order, in accordance with universal and

proper law. In addition, each year he presents the budget of income and expenditure for the

following year to the General Definitory and, following its approval, he takes care of its

execution; he always presents the accounts of income and expenditure of the preceding year to

the Definitory.

399

RTICLE

160

§1 Within the first six months of its mandate, the General Definitory shall establish an

International Commission for Economic Affairs, composed of experts proposed by the

Conferences of Ministers Provincial.

§2 Each year a financial audit will be conducted by an external competent agency which

will present its findings first to the International Commission on Economic Affairs for study

and then to the General Definitorium together with the Commission's comments and

observations.

§3 Once the General Definitory has studied and approved the report of the external agency,

the General Bursar is obliged to integrate the suggestions and proposals indicated by the

Minister General with the consent of his Definitory.

RTICLE

161

The offices of the General Curia, enumerated in art. 151 §1 of these Statutes, and others that

might be set up, are governed by Special Statutes approved by the Minister General with the

consent of his Definitory.

TITLE X

Visitators and Delegates General

RTICLE

162

The Visitator and Delegate General are not to interfere in the ordinary government of the

Provinces, unless in a particular case the Minister General, with the consent of his Definitory

expressed in a secret vote, has decreed otherwise.

RTICLE

163

It is the duty of the Delegate to inform the Minister General about matters of greater

importance whenever they arise and to give him a report on all that has been done and has

happened during the exercise of his office.

RTICLE

164

All that concerns the Visitator and Delegate General is to be prescribed in Special Statutes,

approved by the Minister General with the consent of his Definitory.

PART III

PROVINCIAL GOVERNMENT

TITLE XI

The Provincial Chapter

RTICLE

165

The Chapter is the most important institution for regulating the life and mission of the Friars

in a Province or Custody. The Particular Statutes determine the manner or form of the

participation of the Friars in the Chapter, in such a way, however, that the norms of Canon Law,

399

Cf. CIC 1287 §1.

the General Constitutions and Statutes are observed concerning the requirements for the

validity of elections and decisions.

RTICLE

166

§1 The ordinary Provincial Chapter is to be celebrated every three years. The President of

the Chapter, however, for a just cause and having consulted the Definitory, can postpone it for

three months beyond the three years or anticipate it by three months. To postpone or anticipate

the Provincial Chapter by more than three months the permission of the Minister General is

also required.

§2 The Minister General or his Delegate is the President of the Chapter in which a Minister

Provincial is elected. In other Chapters, the President is the Minister Provincial, unless the

Minister General or his Delegate is present. The Provincial Definitory, through a secret vote,

can ask the Minister General to appoint a Delegate.

§3 If it should happen that the Minister Provincial is missing from a Chapter of which he is

President, either because his resignation has been accepted or for some other reason, his place

is taken by the Vicar Provincial or, if he too is missing, by the Definitor who is senior by first

profession and, in case of parity of profession, by the one who is senior by age until the election

of the new Minister Provincial, who is elected by all the Members of the Chapter. He remains

in office until the next Chapter of the Province.

RTICLE

167

§1 Matters of greater importance to be dealt with in a Provincial Chapter are to be

communicated to the Friars by the Minister Provincial. If any matter is judged worthy of study,

it can be proposed in good time to the Definitory of the Province by a local Chapter.

§2 Individual Friars too can send their opinions and proposals to the Provincial Chapter.

Such matters are to be accepted and dealt with in accordance with the norms of the Particular

Statutes and of the Rules of Procedure of the Chapter.

§3 If in the Particular Statutes it is established that all the Friars of the Province or Custody

participate in the Provincial or Custodial Chapter, those who wish to attend must register

according to criteria contained in Particular Statutes or given by the President of the Chapter.

Participation is obligatory for the entire duration of the Chapter.

RTICLE

168

§1 If there is no provision in the Particular Statutes for all the Friars of the Province or

Custody to participate in the Provincial or Custodial Chapter, the following have active voice

in the elections as well as a deliberative and consultative voice in Chapter sessions until the

conclusion of the Chapter: the President of the Chapter, the Minister Provincial, the Vicar

Provincial, the Provincial Definitors, the former Minister Provincial according to Particular

Statutes, the Secretary of the Province, the Custodes in Provinces that have Custodies, the

Guardians, the Provincial Delegates, mentioned in the following article, and others who are

specified in the Particular Statutes.

§2 The Particular Statutes can reduce the number of Guardian who are Members of the

Chapter.

§3 The former Minister General must be invited to the Chapter of his own Province as a

legitimate Chapter Member; however, he is not obliged to attend.

§4 The Members of the Chapter must be convoked by the President and, without prejudice

to §3 of this article, they are obliged to attend unless they are legitimately impeded. They are

to inform the President of their absence in good time so that substitutes, if such are foreseen by

law, can be convoked.

RTICLE

169

§1 All the solemnly professed Friars of the Province enjoy active and passive voice in the

election of delegates, unless they have been deprived of it. Those who have an ex-officio voice

in Chapter do not have a vote in this election.

§2 The number of Delegates is to be established by the Particular Statutes but in such a way,

however, that it is not less than the number of the other Chapter Members who must attend the

Chapter.

§3 Friars who received an office or obedience from the Minister General enjoy active voice

in the Chapter of their own Province; and they enjoy passive voice only with the permission of

the same Minister.

RTICLE

170

§1 The election of the Minister Provincial and Vicar Provincial, if the term of their office

has elapsed, and the election of the Provincial Definitors is to be carried out in the ordinary

Provincial Chapter, except in the case mentioned in art. 124 §1 of these Statutes and in the

following paragraph.

§2 If special circumstances and very serious reasons seem to demand it, the Minister

General, with the consent of his Definitory expressed by secret vote, can reserve to himself and

the General Definitory the election of a Minister Provincial or even of a Provincial Definitory;

they can even elect a Friar from another Province as Minister. If the election of the Minister

Provincial alone has been reserved, the Vicar Provincial and the Definitors are elected by the

Chapter.

RTICLE

171

The ordinary Provincial Chapter, for valid reasons, can decide on the celebration of an

extraordinary Provincial Chapter, in which matters of greater importance for the life of the

Province can be dealt with and decisions taken; however, the elections dealt with in art. 134 §1

cannot be held. The celebration of such a Chapter is carried out after the manner of the ordinary

Provincial Chapter and is to be convoked by the Minister Provincial, who will also preside over

it.

RTICLE

172

§1 The acts of the elections of the Provincial Chapter or of the Chapter of an autonomous

Custody, drawn up in an authentic manner, are to be sent as soon as possible to the General

Definitory for ratification. Similarly, Particular Statutes or any changes made to them are to be

sent for approval as soon as possible.

§2 The matters dealt with during the Provincial or Custodial Chapter and the decisions taken

are to be communicated without delay to the Friars of the Province or Custody.

TITLE XII

The Capitular Congressus

RTICLE

173

§1 In addition to the Minister General or his Delegate, if he is present, the following have

the right to vote in the Capitular Congressus: the Minister Provincial, the former Minister who

left office in the same Chapter, the Vicar Provincial and the Provincial Definitors.

§2 If it should happen that the President of the Capitular Congressus, appointed in

accordance with art. 166 §2 of these Statutes, is impeded from exercising his office, the matter

is to be referred to the General Definitory. If, in the judgement of the Capitular Congressus, the

matter is urgent, the Minister Provincial is to preside.

RTICLE

174

The acts of the Capitular Congressus are to be sent to the General Definitory for ratification

in an authentic form, that is, duly signed and stamped with the Provincial seal. In these there

must be expressed: the time and place of elections, the identity and number of electors; and the

result of each ballot.

100

RTICLE

175

All that has been prescribed in the preceding articles in regard to the Chapter Congressus,

observing the requirements of law, is also valid for the Congressus of the Custodial Council of

an autonomous Custody.

TITLE XIII

The Plenary Council of the Province

RTICLE

176

If the Provincial Chapter wishes to have a Plenary Council of the Province instituted for the

immediate three-year period, it must be established at once after each Chapter, in accordance

with the following article and the Particular Statutes.

RTICLE

177

§1 The Plenary Council consists of: the Minister and Vicar Provincial, the Definitory and

the Secretary of the Province, as well as the Friars determined by the Particular Statutes

according to the various offices and certain others elected in accordance with the norms of the

same Statutes.

§2 All that concerns the composition, convocation and celebration of the Plenary Council is

to be prescribed in the Particular Statutes.

RTICLE

178

The Plenary Council of the Province, convoked by the Minister Provincial, only has a

consultative vote, unless the Particular Statures have expressly provided otherwise for specific

cases.

RTICLE

179

Those who have been elected to the Plenary Council remain in office until the next Chapter

unless the time of their mandate is reduced in the Particular Statutes.

TITLE XIV

The Provincial Minister and Custos

of an autonomous Custody

RTICLE

180

§1 Candidates for the office of Minister Provincial are proposed by all the solemnly

professed Friars of the Province and, except in the case of postulation, the Minister Provincial

must be elected from among those who have obtained a majority of the votes, even a relative

majority, as well as the prior approval of the General Definitory.

§2 In the case of the “Postulation” of a friar who has completed a first term of six years, and

immediately afterward completed a second term of three years as Minister Provincial, the Friar

postulated can be elected only for three years, at the conclusion of which he cannot again be

postulated.

§3 The number of candidates for the office of Minister Provincial is to be determined by the

Particular Statutes. The complete results of the votes for the candidates, however, must be sent

to the General Definitory.

§4 In the designation of candidates for the Office of Minister Provincial or of Custos, the

results of the first ballot must be communicated immediately to the Friars of the Province or

Custody. The result, however, of the last or only scrutiny, if only one vote was taken, is not to

be published.

RTICLE

181

§1 The Minister Provincial and the Custos of an autonomous Custody are elected by the

ordinary Provincial or Custody Chapter legitimately assembled.

101

§2 Without prejudice to the prescriptions of art. 180 of these Statutes, the Particular Statutes

can provide for the Minister Provincial and the Custos of an autonomous Custody to be elected

by all the solemnly professed Friars of the Province or Custody.

§3 The method of election is to be determined in the same Statutes in such a manner,

however, that all the Friars with the right to elect either are summoned to Chapter to carry out

the election during it, on the day and in the place laid down in the same convocation, or can

send their votes to the Chapter by letter. In this second case the votes are only to be scrutinised

in the Provincial or Custodial Chapter itself. All the rest is proceeded with in accordance with

the Particular Statutes.

§4 In a special case, for a just and serious reason and with the prior permission of the

Minister General requested through the President, the Provincial or Custodial Chapter can elect

a Friar of another Province or Custody as the Minister Provincial or Custos. He should be

endowed with the necessary requisites and qualities and not be under any impediment.

RTICLE

182

Without prejudice to the prescriptions of art. 124 §1 of these Statutes, the Minister

Provincial is elected for a six-year period. When that period is ended, he can be re-elected

immediately again for another three years only. He cannot be re-elected again unless he has

been out of office for at least three years.

RTICLE

183

§1 The Custos of an autonomous Custody, without prejudice to the prescriptions of art. 124

§1 of these Statutes, is elected for a three-year period. He may be re-elected for a second and

third three-year period, but not for more unless an interval of three years has intervened. After

the first nine years from the canonical erection of an autonomous Custody, the Custos is elected

for a six-year term; he may be re-elected for a three-year term.

§2 All that is established in these Statutes with regard to a Minister Provincial and to his

authority, unless it is otherwise provided for expressly, is also applied to a Custos of an

autonomous Custody.

RTICLE

184

§1 The Minister Provincial is to have his headquarters in a House of the Province, which

cannot be changed without the consent of the Provincial Chapter. Its transfer, however, is to be

communicated as soon as possible to the Minister General.

§2 The Minister Provincial must visit the Houses and the Friars frequently. He is to carry

out a canonical visitation of the Province and of the Custody dependent on the Province at least

once every three years in accordance with the norms of Special Statutes. When the canonical

visitation is completed, he is to send a summary report on the state of the Province and

dependent Custody to the Minister General.

RTICLE

185

The Minister Provincial, having consulted the Definitory, is willingly to convoke the Friars

to a meeting every time their coming together seems to be opportune or useful for promoting

religious life and activity, and for dealing with or examining matters of greater importance with

the advice of all.

RTICLE

186

§1 Whenever the Minister Provincial is impeded from exercising his office or leaves the

immediate vicinity of the Province, the Vicar Provincial takes his place by law with ordinary

power.

§2 Where the Vicar also is impeded, the Definitor who is senior by first profession assumes

the office and title of Provincial Pro-Vicar.

§3 The Vicar Provincial is not to introduce any innovations in the Province and is to refrain

from using his authority contrary to the mind and will of the Minister Provincial.

102

RTICLE

187

Admission to the Novitiate, to profession, to Holy Orders and, in like manner, the process

of dismissal from the Order and the erection of a House are reserved to the Minister Provincial

and, respectively, to the Custos of an autonomous Custody.

RTICLE

188

§1 If the office of Minister Provincial or of Custos of an autonomous Custody falls vacant

outside of Chapter, the Vicar Provincial or Vicar of the Custody provisionally assumes the

government of the Province or Custody. He must immediately inform the Minister General of

the vacancy of office.

§2 Unless otherwise provided for in the Particular Statutes and without prejudice to the

prescriptions of articles 170 and 189 of these Statutes, the Vicar Provincial and the Vicar of the

Custody are obliged, in the case of the vacancy of the office of Minister Provincial or Custos,

to convoke the Provincial Definitory or Custodial Council within 30 days of the vacancy of

office in order to elect the Minister Provincial or Custos of an autonomous Custody.

§3 The new Minister Provincial or new Custos must be elected by the Provincial Definitory

or Custodial Council using written ballots, having consulted the Friars of the Province or

Custody if it is so prescribed in the Particular Statutes; and they remain in office until the next

Provincial or Custodial Chapter. The election of the new Minister Provincial or Custos,

confirmed by the President of the election, needs the ratification of the Minister General, having

consulted his Definitory.

400

RTICLE

189

If it should happen that, outside the Provincial or Custodial Chapter, the offices of Minister

Provincial and Vicar Provincial, or of Custos and Vicar of the Custody, or of the Provincial

Definitors and Members of the Custodial Council, or even of all these offices together fall

vacant simultaneously, the subsequent conferral of these offices until the next Provincial or

Custody Chapter, pertains to the Minister General with his Definitory. Similarly, if it should

happen that in the course of the three-year period more than half of the above mentioned offices

should fall vacant, the subsequent conferrals are reserved to the Minister General with his

Definitory.

RTICLE

190

Whenever it is deemed necessary that the Minister Provincial or Custos should also be a

Guardian at the same time, permission must be sought from the Minister General.

RTICLE

191

It pertains to the Minister Provincial or to his delegate to certify each year the lists of alms

for the celebration of Holy Masses in all houses of the Province (cf. can. 958).

RTICLE

192

It is the duty of the Minister Provincial to define the purposes for which alms for several

Masses celebrated (known as binations or trinations) are designated, except those which parish

priests and parochial vicars must designate according to the purposes of the Ordinary of the

place (Authentic interpretation of can. 951 §1, 20 Feb. 1987, in AAS 79/1987/1132).

TITLE XV

The Provincial Definitory and Custodial Council

RTICLE

193

§1 A meeting of the Provincial Definitory is to be held at least twice a year and, in addition,

whenever it seems useful to the Minister Provincial or to the majority of the Definitors.

400

Cf. CIC 625 §3.

103

§2 The following must be summoned to the meeting and, unless they are legitimately

impeded, they must attend: The Vicar Provincial and the Provincial Definitors. The Secretary

of the Province attends the sessions of the Definitory, without, however, having deliberative

voice.

§3 Experts may be called to the Definitory Meeting any time it seems to the Definitory that

it would be useful with regard to the matters being dealt with.

RTICLE

194

§1 During the Definitory Meeting all that concerns both the spiritual and temporal good of

the Province or of the individual Houses, especially the education of those in initial formation,

as well as the religious life and the activity of evangelisation, is to be discussed; and, according

to what seems just, a decision is to be made.

§2 The matters to be dealt with during the Definitory Meeting are, as far as possible, to be

communicated beforehand to the Definitors.

§3 The Definitors, having given advance notice to the Minister Provincial, can propose what

they see contributing to the good of the Province.

§4 The matters decided during the Definitory Meeting for the good of the Province are to be

prudently communicated to the Friars.

RTICLE

195

§1 For the validity of both elections and decisions and of those acts for which the consent

of the Definitory is required, there must be at least four members of the Definitory present in

addition to the President.

§2 However, in the absence of some members of the Definitory, in order to complete the

quorum of five, the Secretary of the Province and other suitable Friars, as required, must be

taken on with the consent of the members of the Definitory present.

§3 If the Minister Provincial or the Custos of an autonomous Custody needs the consultative

or deliberative vote of the Definitory/Council, but it is not possible to reach the necessary

quorum mentioned in §2, he can convoke a meeting of the Definitory/Council in which its

members may participate by an appropriate means of telecommunication, provided that urgent

matters are involved and that there is certainty about the secrecy of the means of voting and

about the freedom of the individual Definitors/Council members who are not physically

present. Elections and other collegial acts are excluded from this possibility.

RTICLE

196

§1 The Minister Provincial is to faithfully set out the state of the Province once a year during

a Meeting of the Definitory.

§2 Similarly, at the same meeting, the annual reports of the Provincial Bursar and of the

individual Guardians, drawn up in accordance with the Particular Statutes, must be examined

and reviewed.

RTICLE

197

§1 During the Definitory Meetings all are to manifest their opinion, even when dealing with

arduous and difficult matters, and, if a vote is required, those who have the right must exercise

it.

§2 Weightier matters are not to be proposed and decided during the same session of the

Definitory Meeting, but, having carried out a suitable discussion, the decision is to be postponed

to another session unless, in the judgement of the same Definitory, it should appear otherwise.

RTICLE

198

The acts of each Definitory Meeting are to be faithfully and properly taken down in writing

by the Secretary and, after having been signed by all the members of the Definitory, preserved

in the archives of the Province. And if, during the Definitory Meeting, elections were carried

out by written ballot or by tokens, the acts are to be sent to the General Definitory for ratification

104

in the manner established by art. 174 of these Statutes. In elections held outside of Chapter, the

reason for the vacancy of office must be explained.

RTICLE

199

All that is prescribed in the preceding articles about Definitory Meetings, observing the

requirements of law, also has force with regard to the Custodial Council Meeting.

TITLE XVI

The Conferences of Provincial Ministers and Custodes

RTICLE

200

§1 The Conference of Ministers Provincial, Custodes and Presidents of other Entities is of

great importance for the promotion of unity, coordination and collaboration in the life and

mission of the Order.

§2 A Conference is erected by a decree of the Minister General, with the consent of his

Definitory, after the Ministers, Custodes and Presidents concerned have been consulted and

when the conditions exist for its usefulness.

§3 It is obligatory for every Province, Custody and Foundation to belong to a Conference.

§4 In the erection or re-structuring of a Conference of Ministers Provincial and Custodes, it

is necessary to keep in mind geographic proximity, the number of Provinces and other Entities,

as well as their language and culture, but in such a way that at least five members constitute it.

§5 When a Conference is no longer able to function in accordance with art. 201 of these

GGSS or when the number of Entities that are members of the Conference falls below five, the

Ministers Provincial and the Custodes of the Conference, either sua sponte or at the instigation

of the relevant General Definitor, shall initiate a process of evaluation with a view to a change

of juridical status. The President of the Conference is obliged to send a report on the process to

the Minister General at least once a year.

RTICLE

201

The principal duties and faculties of the Conferences are:

a. To bring together the Entities that constitute the Conference in order to devote

themselves jointly to the common good of the Friars and of the respective parts of the

Order.

To offer assistance to the Minister General and his Definitory in the government

and animation of the entire Order. To this end, in their meetings with the general

government, the Presidents of the Conferences are to be consulted in questions of

greater importance for the Order

c. Along with the Minister General and his Definitory, to discern about the erection,

unification and suppression of Provinces, Custodies and other Entities within its territory

and to collaborate in the execution of decisions.

d. To help initial and ongoing formation as well as the life and mission of the Friars within

its territory; to promote, with the Minister General and his Definitory, the work of the

apostolate and missionary evangelisation and to support jointly the spread and

establishment of the Order.

e. To discuss progress, major difficulties and problems existing in the territory of the

Conference and to inform the Minister General about the remedies taken.

f. To help, either through personnel or material resources, individual Provinces, Custodies,

Federations and Foundations of the Conference that are in difficulty because of a lack of

Friars or their advanced age or because of an inability to act in a determined ministry, or

because of poverty.

g. To discuss the questions to be dealt with in the General Chapter or Plenary Council of

the Order and to send their conclusions and proposals to the Minister General in good

time.

105

h. To draw up Special Statutes of the Conference and, if it is seen to be appropriate,

common Statutes for the Provinces, Custodies, Federations and Foundations of its

territory.

i. To encourage and cultivate relationships and collaboration with the local Church

Hierarchy and with other religious Institutes.

RTICLE

202

To promote sharing in the government of the Order and consultation more effectively, the

Minister General and the Definitors are to meet in council with the individual Conferences at

least once during the six-year period in order to:

a. communicate questions of greater importance concerning the government and direction

of the entire Order and to establish dialogue about them;

b. deal with matters that concern the life of the Friars, relationships between various

Entities, firm unity among the Friars and the promotion of an exchange of goods

throughout the worldwide Fraternity;

c. consult in an appropriate way concerning the erection, circumscription, unification or

suppression of the Entities of a Conference;

d. propose consultations about elections to be held at the General Chapter and to establish

how they are to be regulated.

RTICLE

203

The General Definitory is to meet with the Presidents of all the Conferences at least every

two years in order to examine their state, i.e. the state of the Conferences.

RTICLE

204

§1 The Conferences exercise their duty and authority in meetings or plenary sessions under

the direction or guidance of the President.

§2 The President of the Conference is elected by all the members of the Conference who

have deliberative voice. A Minister Provincial or a Custos of an autonomous Custody can be

elected to this office. The duration of the office and the duties of the President are to be defined

in the Special Statutes of the Conference.

RTICLE

205

The Ministers Provincial and the Custodes enjoy deliberative voice in the Conference, while

the Presidents of Federations and Foundations have a deliberative or consultative voice in

accordance with the provisions of the Statutes of the Conference.

RTICLE

206

§1 For someone to be elected in all elections held in a Conference of Ministers, it is

necessary to obtain an absolute majority of the votes of those who enjoy deliberative voice.

§2 The Conference enjoys the power of governance over individual Provinces, Custodies,

Federations and Foundations only in those matters expressly provided for in the General

Statutes of the Order or in the Special Statutes of the Conference.

RTICLE

207

In order to make the activity of the Conference more efficient, a permanent Secretariat may

be instituted. Its principal duty will be the preparation of the meetings or plenary sessions of

the Conference and the execution of decisions made by the Conference. The Secretariat

officials, their election or appointment and duties are to be defined in the Special Statutes of

the Conference.

RTICLE

208

In order to promote and safeguard the greater common good, mutual relations between the

Conferences, especially those nearest to one another, are to be encouraged, as well as

communication of news, common experiences and undertakings.

106

RTICLE

209

§1 Commissions of experts are appropriately recommended in each Province and Custody

or in several Entities together. Meetings are also to be called for the examination and

investigation of problems of the life and mission of the Friars that must be dealt with during

plenary sessions or meetings of the Conference.

§2 The institution of some permanent organisation between the Conferences of the same

Continent (e.g., Presidency, Secretariat, along with the General Definitors of each Continent)

is recommended for the animation of common activities, i.e., formation, studies, evangelisation,

justice, peace and the integrity of creation. These entities are to meet at determined intervals of

time.

RTICLE

210

§1 The Conferences with a greater number of Entities, especially if they are multi-cultural,

may establish Sub-Conferences for a determined region in order to deal with the special matters

that concern them in particular.

§2 The Conferences, along with the Minister General and his Definitory, are to promote new

kinds of international and inter-continental meetings within the Order for a better exchange and

sharing of goods of all kinds.

401

RTICLE

211

Each Conference of Ministers is to have its own Statutes, drawn up by the Conference itself

and approved by the Minister General with the consent of his Definitory; everything concerning

the composition and authority or competence of the Conference in the convocation and

celebration of its meeting or of its plenary session is to be prescribed in these.

TITLE XVII

The Vicar Provincial and the Vicar of a Custody

RTICLE

212

§1 Without prejudice to art. 229 of the General Constitutions, the Vicar Provincial can be

immediately re-elected only once and not again unless there has been an interval of three years.

§2 The Vicar of a Custody is elected for a three-year period at the end of which he can be

re-elected for a second and third three-year period, but not again unless there has been an

interval of at least three years.

RTICLE

213

When the Minister Provincial or the respective Custos is present, the Vicar Provincial or the

Vicar of a Custody exercises his authority in accordance with the General Constitutions and

Statutes as well as in accordance with the faculties conferred on him by the Minister Provincial

or Custos.

RTICLE

214

When the office of Vicar Provincial or Custodial Vicar falls vacant outside Chapter a new

Vicar Provincial is elected, without prejudice to the norm of art. 189 of these Statutes, by the

Provincial Definitory; a new Custodial Vicar is elected by the Custodial Council. Both remain

in their office until the next Chapter.

401

Cf. PCO 01 39.

107

TITLE XVIII

Provincial Definitors and Councillors

of an autonomous Custody

RTICLE

215

§1 The number of Provincial Definitors and Custodial Councillors is determined in the

Particular Statutes, keeping in mind, however, that their number is not to be less than four.

§2 The Provincial Definitors and the Custodial Councillors are elected in Chapter for a

three-year period; at the end of this they can be re-elected for a second and third three-year

period. After nine continuous years they cannot be elected again unless they have been out of

office for at least three years.

§3 Unless Particular or Special Statutes determine otherwise, elections for each Provincial

Definitor or Custodial Councillor to be elected take place one by one in separate scrutinies.

RTICLE

216

If a Definitor is lacking, for whatever reason, another must be elected in his place by the

Provincial Definitory, or, respectively, by the Custodial Council, without prejudice to art. 189

of these Statutes. He will remain in office until the next Chapter.

TITLE XIX

The Secretary and Bursar of the Province

and autonomous Custody and Other Offices

RTICLE

217

§1 The Secretary and Bursar of the Province or Custody are elected during the Capitular

Congressus and outside the Congressus, if it seems necessary, by the Minister Provincial with

the Definitory or by the Custos and the Custodial Council.

§2 The office of Secretary and Bursar lasts for three years, after which they may be re-

elected, but not for more than three three-year terms.

RTICLE

218

In addition to whatever else is entrusted to him, the duty of the Secretary to make records

of all that is done by the Definitory or by the Minister Provincial alone, or, respectively, by the

Custodial Council, or by the Custos alone, to review all documents and acts pertaining to the

whole Province or Custody, the individual Houses, or Friars, and to file them in the Archives.

RTICLE

219

In each Province and Custody, in addition to the offices and posts established by the law of

the Order, there are to be other posts, councils or commissions according as need requires, with

their own Statutes or norms.

RTICLE

220

Entities of the same territory or Conference, with the permission of the Minister General

after consultation with the General Definitory, can combine certain Secretariats or posts

according to proper law, in order to obtain greater cooperation. The Statutes, by which

appointments, work and membership of the aforesaid Secretariats and posts are regulated,

require the approval of the Minister General with the consent of his Definitory.

TITLE XX

Custodies dependent on the Minister General

or on a Province

RTICLE

221

A dependent Custody, mentioned in art. 127 of these Statutes, is governed by the Custos

and his Council in accordance with the General and Particular Statutes.

108

RTICLE

222

The Chapter of a Custody dependent on the Minister General or on a Province is to be

celebrated every three years. The Minister General or his Delegate presides if it is a matter of

a Custody dependent on the Minister General, the Minister Provincial or his Delegate presides

if it is a matter of a Custody dependent on a Province.

RTICLE

223

It pertains to the Custodial Chapter to draw up its own Statutes, which need the approval of

the Minister General or Provincial, with the consent of his Definitory. All that appears suitable

for the good of the government of the Custody, of the life and activity of the Friars is to be

provided for in these Statures.

RTICLE

224

§1 The Custos of a dependent Custody is assisted in the exercise of his office by at least

four Councillors, who are equivalent to Provincial Definitors, within the confines of the

Custody.

§2 The Custos and his Council, in accordance with the norms established in the Particular

Statutes, are elected for a three-year period either by the Definitory of the respective Province

or by the Custodial Chapter. They can be immediately re-elected to a second and third three-

year term but not beyond that, unless there has been an interval of three years. If the election,

however, takes place in Chapter, the confirmation of the Minister General with the consent of

his Definitory is required in the case of a Custody dependent on the Minister General, or that

of the Minister Provincial with the consent of his Definitory if the Custody depends on a

Province.

§3 The Particular or Special Statutes drawn up and adopted in Chapters of dependent

Custodies, as well as their modifications, need the approval of the Minister General or of the

Minister Provincial with the consent of the respective Definitory. The Acts of the dependent

Custody Chapter are to be sent as soon as possible to the respective Definitory for ratification.

RTICLE

225

§1 The Custos is to visit the Houses and Friars of the Custody at an appropriate time. He

has that authority over the individual Friars and Houses which has been delegated to him by

the Minister General or Minister Provincial, or which has been defined in the Statutes.

§2 The election of the Guardians and of the other officials of the Custody pertains to the

Custos with his Council. However, the elections need the approval of the Minister General or

Provincial, with the consent of the respective Definitory.

§3 The Custos must send a summary written report on the state of the Custody to the

Minister General or Minister Provincial each year and, in addition, he must inform him each

time about matters of greater importance.

PART IV

THE GOVERNMENT OF HOUSES

TITLE XXI

Houses

RTICLE

226

§1 Territorial boundaries are to be carefully observed for each House. Where they are not

determined and it seems necessary to do so, they are to be defined by the respective Ministers.

§2 The territory of a large city is common to all the Houses that happen to be there, unless

it has been decided otherwise between the interested parties.

§3 Houses that are dependent on different Provinces or Conferences are governed by proper

Statutes approved by the competent authority.

109

RTICLE

227

When a House is suppressed in accordance with art. 234 of the GGCC, it pertains to the

Minister Provincial with his Definitory to make provision concerning its goods, unless the

Minister General has already made provision, with due regard for the wishes of founders and

donors and for lawfully acquired rights.

402

RTICLE

228

§1 The Friars, always remaining in obedience and observing fraternal life, are not to leave

the House without the permission of their Guardian.

§2 If it is a matter of a lengthy absence from a House, the Minister Provincial or the Custos,

with the consent of his Definitory or Council, can, for a just cause, authorise Friars to live

outside a House of the Order, but not, however, for more than one year, unless it is for reasons

of health, study or an apostolate to be exercised in the name of the Order.

403

§3 Friars who live outside a House in order to assess their vocation do not enjoy active and

passive voice during this time.

§4 No Friar is to be granted permission to live a solitary life outside a House except for a

grave and special reason.

RTICLE

229

A House is to have a sufficient number of Friars for its existence and for the conduct of a

truly common life, as well as for the capacity to fulfil its commitments towards the mission of

the Order.

RTICLE

230

§1 A Guardianate must have at least three solemnly professed Friars legitimately assigned

to it and living there habitually.

§2 If, due to special circumstances, a Guardianate cannot be canonically erected, because of

the small number of Friars, the temporary nature of the service, or for any other reason, a filial

House is to be erected under some name (place, hospice, residence, etc.), but dependent on a

Guardianate in accordance with these General Statutes.

§3 A Guardianate can be reduced to a filial House for the same reasons mentioned in the

preceding paragraph, either retaining its juridical personality or not.

§4 At least the Provincial or Custodial Curia and all Houses of Formation (Postulancy,

Novitiate and Post-Novitiate) must be Guardianates.

RTICLE

231

§1 A filial House is part of a Guardianate, separated from it or not, enjoying its own juridical

personality or not, in which at least two solemnly professed Friars legitimately assigned to the

Guardianate must habitually live. It is governed either by the Guardian himself or by the one

who takes his place in the filial House, in accordance with the Particular Statutes concerning

the life and mission of the Order, in communion with the Fraternity of the Province.

§2 The norms of articles 233-235 of the General Constitutions are to be observed in the

erection or suppression of a filial House enjoying juridical personality.

§3 A filial House that does not enjoy juridical personality can be erected and suppressed by

the Minister Provincial with the consent of his Definitory.

§4 The reduction of a Guardianate to the state of filial House enjoying juridical personality

can be done by the Minister Provincial with his Definitory, the Minister General having been

informed.

RTICLE

232

§1 The Friars living in filial Houses, in accordance with their possibilities and

circumstances, are to participate regularly in the local Guardianate Chapter and they are to meet

402

Cf. CIC 616 §1.

403

Cf. CIC 665 §1.

110

frequently among themselves and with the Friars of the Guardianate in order to pray together,

to enjoy fraternity and to dialogue about their life and work, in accordance with the Particular

Statutes.

§2 The Guardian is to visit the filial Houses frequently and, as far as possible, gather the

Friars together to encourage mutual charity.

RTICLE

233

The Provincial Definitory, in order to meet the particular requirements of evangelisation and

the needs of migrant social groups, can establish itinerant Fraternities after the manner of filial

Houses.

TITLE XXII

Guardians and Vicars

RTICLE

234

A Friar, solemnly professed for at least three years and incorporated into the Province,

without prejudice to art. 246 of these Statutes, is elected Guardian.

RTICLE

235

§1 The Guardian is elected for a three-year period during the Capitular Congressus or, if

necessary during the three-year period, by the Definitory of the Province or respectively by the

Custodial Council. The same Guardian can be re-elected, without an interval, for a further three-

year period.

§2 A Guardian is not to be re-elected to a third three-year period unless the needs of the

Fraternity, of work or of the Province require it.

§3 He is not to be elected after the third three-year period, unless there has been an interval

of three years.

RTICLE

236

Guardians are not to assume on their own, and the Ministers are not to impose on them, any

duties that might impede them in the proper fulfilment of the office entrusted to them.

RTICLE

237

§1 If the common good demands it, the Minister Provincial with his Definitory, and

respectively the Custos with his Council, can transfer a Guardian, after prior consultation with

him, from one House to another through canonical election.

§2 The Minister Provincial with his Definitory can remove a Guardian from office for a just

and grave reason. The Custos with his Council can do the same, but with the approval of the

Minister Provincial and his Definitory. There is always the right to recourse against removal,

in accordance with art. 140 §3 of these Statutes.

RTICLE

238

A Guardian, even if the period of his office has ended and a new Guardian has been elected,

still exercises his office until the arrival of his successor, unless the Minister Provincial has

established otherwise.

RTICLE

239

If the office of Guardian falls vacant during the three-year period, by law the Vicar assumes

the government of the House until the election of the new Guardian, which must be carried out

within three months, unless in that particular case the Minister Provincial has provided

otherwise.

RTICLE

240

§1 The Vicar offers assistance to the Guardian in the exercise of his office, doing only what

is entrusted to him.

111

§2 When the Guardian is absent or impeded the Vicar takes his place. However, he may not

introduce any innovation that he knows is opposed to the Guardian’s will.

§3 If the Vicar should be absent or lacking, another Friar assumes the office in accordance

with the Particular Statutes.

RTICLE

241

§1 The Vicar is elected for a three-year period and can be re-elected for other successive

three-year periods. If the office of Vicar should fall vacant during the three-year period, a new

Vicar is elected.

§2 The Minister Provincial, with the consent of his Definitory, can remove a Vicar from

office for a just cause, without prejudice to art. 140 §3 of these Statutes.

TITLE XXIII

The Local Chapter and Discretorium

RTICLE

242

§1 The local Chapter is to be held frequently, at least six times a year.

§2 All that regards the competence, the frequency of celebration, the method of dealing with

matters, the making and carrying out of decisions and other particulars of both the Chapter and

Discretorium, if there is one, is to be specified in the Particular Statutes or Rules of Procedure.

RTICLE

243

§1 Matters to be dealt with in the Chapter or the Discretorium are proposed by the Guardian

or by Friars and, respectively, by the Discretes, the Guardian having been informed. They are

to be communicated, as far as possible, beforehand to the Fraternity by the Guardian himself.

In matters to be decided collegially, the decision or vote of the majority must prevail and its

execution must be ordered.

§2 The Minutes of each Chapter or Discretorium are to be recorded in a special book by the

Secretary appointed during the first session; they are to be signed by him after they have been

approved. The Minutes Book of the Chapter or Discretorium is to be shown to the Visitator,

whether Provincial or General, on the occasion of the visitation.

RTICLE

244

A Discretorium, if there is one, has the duty of giving effective assistance to the Guardian

in the exercise of his office and in the animation of the Fraternity, especially in the preparation

and celebration of the local Chapter. In addition, it is to give advice or consent, in accordance

with universal and proper law, on any subjects determined by the Particular Statutes or by the

same local Chapter, in order to expedite them more easily and more quickly.

RTICLE

245

§1 The Discretorium, of which the Vicar and Bursar are members ex officio, acts as the

Council of the Guardian

§2 Discretes, whose number is to be determined in the Particular Statutes, are elected for a

three-year period by the Provincial Definitory or, respectively, by the Custodial Council, at the

proposal of the local Chapter; they can be re-elected immediately for further three-year periods.

§3 If the common good demands it, the Minister Provincial or the Custos, observing art 140

§4 of these Statutes, can remove Discretes from office or accept their resignation for a just

cause.

§4 If the office of Discrete should fall vacant during the three-year period, a new Discrete

is to be proposed by the local Chapter and elected by the Provincial Definitory or, respectively,

by the Custodial Council.

112

TITLE XXIV

Residence in and transfer

to another Province

RTICLE

246

Friars who live in another Province for a legitimate reason are to share the rights and

obligations pertaining to the Friars of that Province after two years of residence; in the

meantime, the exercise of their rights in their own Province, is suspended, unless, after the

Friars concerned have been consulted, it has been established otherwise between the respective

Ministers Provincial. Sharing in the rights occurs from the beginning of the residence if there

is the intention of remaining there for at least two years.

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§1 Friars residing in another Province are subject to the authority of the Guardian of the

House in which they live or, if they live outside a House of the Order, of the Guardian of the

nearest House. In matters of greater importance, in accordance with what has been established

in the Statutes of the Province in which they reside as guests, they must obtain the permission

of the Minister Provincial of that Province, unless it has been agreed otherwise between the two

Provinces.

§2 The consent of their own Minister Provincial is necessary for Friars residing in another

Province to be conferred with offices and duties in that Province; if they have been elected

Guardians they must remain in that Province for at least the entire three-year period.

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If a district or House of a Province is entrusted to another by agreement signed by the

respective Ministers with the consent of the Definitories of the Provinces and confirmed by the

Minister General, the Friars of the other Province who reside in that district or House remain

under the authority of their own Minister Provincial for the period of time that the agreement

remains in force.

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249

In order for a Friar to be able to transfer to and be inscribed in another Province the consent

of the Definitory of his own and of the other Province is required. The transfer and inscription

of a solemnly professed Friar into another Province are to be communicated to the Minister

General.

PART V

THE ADMINISTRATION OF GOODS

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250

The stable patrimony is made up of all the fixed and movable assets that are legitimately

designated to guarantee the financial security of the Order. For the assets of the whole Order,

this designation is made by the Minister General with the consent of his Definitory. For the

assets of a Province, this designation is made by the Minister Provincial with the consent of his

Definitory and confirmed by the Minister General.

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251

Ministers and Guardians are to avoid leading, or allowing to be led in any way, the Order, a

Province or a House into sizeable debts or financial obligations, unless he knows with certainty

that the interest on the debt can be settled and the entire capital can be paid back over a not

excessively long period of time.

113

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252

It pertains to the General Chapter to lay down the amount above which, in contracting debts,

alienating goods or incurring extraordinary expenditure, the Minister General needs the

consent, expressed by secret vote, of the Definitory or of the Plenary Council.

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§1 The Provincial Chapter is to determine the extraordinary sum for the expenditure of which

the Minister Provincial must seek the consent of his Definitory.

§2 The Provincial Definitory is to determine the amount of extraordinary expenditure for

which the Guardian has need of the consent of the Discretorium of the House and another for

which he needs the consent of the local Chapter; similarly, it must determine the amount for

which the Guardian, having obtained the vote of the Discretorium or of the local Chapter, must

also have the permission of the Minister Provincial.

§3 In the building of Houses and Churches, as well as in the re-structuring of buildings, the

Particular Statutes are to determine whether the prior advice or consent of either the local

Chapter or Discretorium or of the Provincial Definitory is to be sought.

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To alienate property or to contract debts, the value of which exceeds two thirds of the

amount beyond which recourse must be made to the Holy See, the written permission of the

Minister General is required, with the prior consent of both the General and Provincial

Definitory, expressed by secret vote.

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255

The Provincial Chapter is to establish, in accordance with the diversity of regions or nations,

which goods of a value below the amount calculated according to the preceding article can be

alienated with the permission of the Minister Provincial, with the prior consent of the Definitory

expressed by secret vote, or, with the prior deliberative vote of only the Discretorium or local

Chapter similarly expressed by secret vote. The same holds good for contracting debts, without

prejudice in both cases to universal law.

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256

§1 Each Guardian is obliged to present to the Provincial Chapter and to the new Guardian

an inventory of the moveable goods of the House and of the sacred furnishings of the Church,

as well as accounts of income and expenditure during his term of office. This inventory and

account is to be signed by the local Chapter or by the Discretorium.

§2 Financial accounts are not to be signed in the local Chapter and Discretorium unless they

have been examined.

114

CHAPTER VIII

THE MINISTERS SHOULD ADMONISH

THEIR BROTHERS AND HUMBLY

AND CHARITABLY CORRECT THEM

(cf. Rb 10,1)

TITLE I

Correction and Punishment of Friars

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257

§1 Whenever the Minister Provincial or the Custos of an autonomous Custody has

knowledge which at least seems true (cf. can. 1717) of sexual abuse of minors or vulnerable

adults committed by a friar, he must act expediently and attentively according to the norms

found in the universal law of the Church and in accordance with the norms of the particular

Church and the State.

§2 Any behaviour of the Ministers and Custodes during their term of office "consisting of

actions or omissions aimed at interfering with or evading civil investigations or canonical,

administrative or penal investigations"

will give rise to the initiation of the disciplinary

procedure of removal from office and, if the circumstances justify it, to a penal trial for the

crime mentioned in can. 1379 §§1-2.

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258

§1 A Friar who has secretly or under a false name written, or has had written by another,

letters in which a calumnious fact is attributed to one of the Friars, is to be punished in

proportion to the gravity of the fault by deprivation of office or the position that he holds, as

well as by deprivation of active and passive voice for a certain time.

§2 Whoever has sown discord or has divulged grave defects of the Friars, either inside or

outside the Order, or has written injurious or defamatory letters against anyone and has been

convicted of this, is to be deprived of all offices and positions of the Order and is to be declared

unfit for them for a time established by the Minister Provincial with his Definitory.

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§1 A Friar who has not obeyed the Visitator or Delegate General, or has given grave and

false information to him, or has shown himself to be rebellious, or has shown contempt for his

orders, can be punished by the deprivation of active and passive voice for a six-year period or

with other penalties.

§2 Whoever has gravely insulted his Minister or Guardian, or has publicly despised his

orders, or has conspired against his authority, is to be punished with a penalty proportionate to

the gravity of the fault, not excluding, if it should be the case, the temporary deprivation of all

offices and positions in the Order and he is to make suitable amends.

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260

§1 A Guardian who obviously neglects his obligation to provide what is necessary for both

the Fraternity and the Friars is, after a second warning, to be removed from office by the

Minister Provincial and his Definitory.

§2 A Guardian, who has neglected to convoke meetings of the Discretorium or local

Chapter, or to present and submit to examination the accounts of administration during them,

in accordance with the General Constitutions and Statutes, can be punished by the Minister

Provincial and his Definitory after a second ineffective warning, even by removal from office.

115

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261

§1 A Guardian or Friar who in any way has misused money and alms destined for the benefit

of the Fraternity, even through its illegal administration, or has appropriated it, is to be punished

in proportion to the gravity of the fraud or fault.

§2 If such acts have been committed by the Minister Provincial or Custos of an autonomous

Custody, the Minister General with the consent of his Definitory can suspend him from office

and appoint a pro tempore Commissary (cf. can. 137 § 1). Moreover, he can be punished in

accordance with can. 1393.

§3 A Friar who has habitually failed to hand over for the benefit of the Fraternity the

recompense received for his work or under any other title and who has obstinately not given

due account of all the receipts and expenditure, or who, although capable of working, has

refused to do so and has caused grave damage to the Fraternity through his laziness, is to be

punished according to the gravity of the crime, not excluding dismissal from the Order.

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§1 A Minister or Guardian, who, without the required faculty has destroyed or changed a

construction begun or finished by his predecessor, or who has gravely neglected the

maintenance or necessary repairs of the Church or other properties, is to be deprived of office.

§2 A Minister, Guardian or Friar who is found to be gravely negligent in protecting objects

that are precious by reason of their artistic or historical value, or who has illegally appropriated

them for himself, alienated or destroyed them, is to be punished with a penalty in proportion to

the gravity of the fault.

404

§3 A Friar who has hidden documents preserved in the archives, has taken them out or

destroyed them, is to be punished according to the gravity of the fault.

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§1 The Minster Provincial can admonish a friar who is in the near occasion of committing

an offense, or against whom, after carrying out an investigation, there is grave suspicion that

he will commit an offense.

§2 He can also correct a friar who by his actions gives evil example or gravely disturbs the

order.

405

§3 It pertains to the Minister Provincial to impose a penance in the external forum according

to can. 1340 on all friars dependent on him according to the norm of the General Statutes.

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264

Recourse, with a suspensive effect, against penalties imposed is granted, without prejudice

to universal law and the prescription of art. 140 §3 of these Statutes.

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265

To initiate a case in the civil forum, whether in the name of some house or province, or in

his own name, every friar requires written permission given by the Minister Provincial.

TITLE II

The Transfer of Friars and Departure from the Order

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266

§1 A solemnly professed Friar cannot transfer to another religious institute except by

permission of the Minister General, with the consent of his Definitory, and by acceptance on

the part of the new Institute, in accordance with the law.

406

§2 In order for a professed religious in perpetual vows of another Institute to be able to

transfer to our Order, the norms of law are to be followed; he must remain in a House of the

404

Cf. CIC 638 §3.

405

Cf. CIC 1339 §2.

406

Cf. CIC 684 §1.

116

Order for at least three years under the direction of a suitable Friar before being admitted to

solemn profession, the requirements of law being observed.

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267

§1 The Minister General, with the consent of his Definitory, can grant an indult of

exclaustration to a solemnly professed Friar for a grave reason but not for more than three years.

In the case of a cleric the prior consent of the Ordinary of the place in which he is to reside is

also required. To prolong the indult or to grant it for more than three years is reserved to the

Holy See.

407

§2 Exclaustration can be imposed on a Friar for a grave reason by the Holy See

408

at the

request of the Minister General, with the consent of his Definitory, with due regard for equity

and charity.

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§1 An exclaustrated Friar is held to be relieved from the obligations that are incompatible

with his new conditions of life. He remains dependent on and subject to the care of his Minister

and also of the local Ordinary, especially if it a question of a cleric. He can wear the religious

habit, unless it is determined otherwise in the indult, but he lacks active and passive voice.

409

§2 If an exclaustrated Friar contracts any debts and obligations without the permission of

the Minister Provincial, he himself must take responsibility for them and not the Province or

House. The same holds good for a Friar illegally absent from a House.

410

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269

§1 A Friar in temporary vows, when his profession expires, can be excluded from making

subsequent profession by the Minister Provincial, having consulted his Definitory, if there are

just reasons.

411

§2 A physical or psychic illness, even contracted after profession and which, in the

judgement of experts, renders the Friar mentioned in the preceding paragraph unsuitable for the

life to be led in the Order, constitutes sufficient reason for not admitting him to the renewal of

temporary profession or to solemn profession, unless the illness has been contracted because of

the negligence of the Order or because of work carried out in the Order.

412

§3 If, however, a Friar becomes mentally deranged during temporary vows, even though he

is not able to make a new profession, he cannot be dismissed from the Order.

413

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270

A Friar, who, after finishing the Novitiate or after profession, has left the Order legitimately,

can be re-admitted by the Minister General with the consent of his Definitory without the onus

of repeating the Novitiate. It is up to the Minister General, however, to establish a suitable

probation before temporary profession and the duration of the vows before the Friar is admitted

to solemn profession, in accordance with art 104 of these Statutes.

414

TITLE III

Dismissal of Friars from the Order

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271

If dismissal is not imposed by law, the Minister Provincial is to carefully seek out the Friar

who has sinned, charitably and repeatedly admonish him and try to help him and lead him to

an amendment of his ways, so that he may persevere in his vocation.

407

Cf. CIC 686 §1.

408

Cf. CIC 686 §3.

409

Cf. CIC 687.

410

Cf. CIC 639 §3.

411

Cf. CIC 689 §1.

412

Cf. CIC 689 §2.

413

Cf. CIC 689 §3.

414

Cf. CIC 690 §1.

117

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§1 A Friar must be dismissed, in accordance with universal law, if he has committed the

crimes mentioned in CIC cann. 1397 and 1395.

§2 An exclaustrated Friar can be dismissed from the Order if he has not returned within six

months after the expiration of the period of exclaustration. A Friar can also be dismissed for

other reasons, provided that they are grave, external, imputable and juridically proven, as is

established in can. 696, and universal law being observed.

§3 A professed Friar in temporary vows can be dismissed also for reasons of lesser gravity

than those determined in can. 696 §1.

§4 The Friar always retains the right to communicate with the Minister General and to present

his defence to him directly.

415

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§1 To issue a decree of dismissal of Friars, the Minister General and his Definitory, which

for validity must comprise at least four members, are to proceed in collegial fashion in

accurately weighing the evidence, the arguments and the defence. If by a secret vote it is so

decided, a decree of dismissal is to be drawn up, which for validity must express at least in

summary form the reasons in law and fact.

416

§2 A decree of dismissal has no effect and cannot be executed unless it has been confirmed

by the Holy See. The decree, however, for validity must indicate the right of the dismissed Friar

to have recourse to the competent authority within ten days of receiving notification of the

decree. The recourse has a suspensive effect.

417

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§1 The Ministers and the Friars are to have concern for the spiritual, moral and social well

being of those who leave the Order or who have been dismissed from it, and they are to offer

them help, taking into account equity, their needs, the time passed in religion and the benefits

received by the Order.

418

§2 Concrete norms on the help to be given are to be determined in the Particular Statutes.

415

Cf. CIC 698.

416

Cf. CIC 699.

417

Cf. CIC 699.

418

Cf. CIC 699.