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Constitutions OSM
21 - STUDY


157. Every friar should recognize the necessity of cultural development for his own life and for his service to the Church and world. Therefore, he should view continuing attention to the studies as an indispensable means for his integral formation. The local community, the province and the Order shall give him real support in his responsible efforts in this field.

158. Candidates for the Novitiate must have a diploma or other legally recognized school certificate which places them on the level with their peers. according to the educational standards proper to each country.

158. Taking into consideration their future activities, all friars should be guaranteed an appropriate philosophical- theological or technical formation at all levels, according to each one's abilities and level of preparation. Programs should conclude with the attainment of the diploma or legally recognized certificate. Practical experiences in the community and apostolic service which respect each individual's program should be organized in order to integrate courses and balance eventual specialized studies. These experiences should be regularly evaluated and adapted to each person's level of studies.

160. A period of formation in the humanities and sciences is necessary to assure our friars a profound knowledge of human nature, of the world and of God and to bring them to an under-standing of life's true necessities. In this way, they will be prepared to seek out a discover in the study of theology Christian responses to the problems of their contemporaries.

161. The study of theology, undertaken according to individual abilities, is indispensable for all friars. They will thus be able to acquire an adequate knowledge of divine revelation in order to deepen their religious and moral convictions and carry out their mission in the Church. In accordance with a fundamental aspect of our charism, we Servants of Mary must especially deepen our knowledge of the role of the Mother of God in the mystery of Christ and of the Church in order to communicate the richness of this knowledge to the faithful and lead them to authentic Marian devotion. This knowledge will facilitate our contribution in the field of ecumenism.

162. A knowledge of the history of our Order, its outstanding personalities and its historical places strengthens each friar in his vocation, facilitates his involvement in the reality of the Order, makes him aware of his religious identity, and encourages him to make the spiritual values of our family better known within his milieu.

In order to guarantee this knowledge, priors and those responsible for formation, at all levels of the Order, must promote appropriate and effective programs.

163. The vitality of the Order and the effectiveness of its contributions to the needs of the Church demand that every province and vicariate encourage its friars to

attain degrees and academic specializations. The area of specialization should be chosen and planned in agreement with the community and the compe-tent authorities.

164. In order to foster personal contact among the friars of the various provinces and vicariates and to bring about an authentic sharing of energies, talents and resources, there should be centers of study in the Order, especially at the level of specialisation; these can be international inter-provincial or inter-community in nature. These centres may be under the prior general or under priors or vicars provincial.

165. In keeping with servite tradition, friars dedicated to research and teaching should be aware of their particular responsibility and strive to make a valid contribution to studies within the Order and the Church. With the co-operation of the community, they must avoid accepting responsibilities which are incompatible with their specific apostolate.

166. Vacation periods should be seen as an integral part of the process of spiritual, pastoral, cultural and social formation.

167. Priors and vicars provincial, with the consent of their respective councils, must guarantee all friars a year for spiritual, theological, pastoral or cultural renewal. In fraternal dialogue, they should encourage each friar and arrange times when he can be freed from his ordinary responsibilities and take advantage of the year of renewal. The friar, for his part, will present in advance a detailed program for the approval of the competent authority.

168. The prior general is the person primarily responsible to the Order and the Church for formation and studies.
Each province and vicariate is responsible for the complete formation of its own friars. The directory will determine the general outline of programs and indicate who is responsible for their implementation and evaluation.


22 - HOLY HORDERS


169. All of us participate in the priesthood of Christ; there are those among us, however, who are called in virtue of a particular vocation and the needs of the Church to the permanent diaconate or the ministerial priesthood. These should strive to attain those spiritual and doctrinal riches which are required for serving God and animating and guiding his people.

The formation of these friars will be regulated by universal law and the program of studies of the Order.

170. Admission to Holy Orders requires that the master with his co-workers present a report to the community on the suitability and willingness of the candidates. The judgement of the conventual Chapter should be expressed in a consultative vote and sent to the competent authority together with the report of the master.

The final decision rests with the prior provincial of the province to which the candidate belongs, having heard the opinion of the council.

23 - STRUCTURE AND AUTHORITY IN THE ORDER


171. Our Order is composed of communities at the conventual, provincial and general levels; for each there is a corresponding chapter and prior.

172. Within the Order, the authority which all the friars must obey reside in chapters and priors. This authority is exercised in a spirit of service in accordance with what is established in these Constitutions and universal law. Moreover, each of us is bound to obey the Supreme Pontiff as our highest superior by reason of the vow of obedience.

173. At the beginning of their terms, conventual, provincial and general priors make their profession of faith in accord with a formula approved by Apostolic See.

174. The provincial council and the general council share the responsibility for governing with the respective priors and participate in their authority according to the norms of these Constitutions.

175. Whatever is stated in these Constitutions concerning the province, provincial chapter, provincial council and prior provincial is to be applied respectively to the vicariates, the vicarial chapter, the vicarial council and the vicar provincial, unless otherwise specified.

176. Two or more provinces or vicariates which intend to collaborate in their own interest may avail themselves of new juridical structures which are to be approved by the general council. Derogations from constitutional norms must be approved by the Holy See.

177. The respective priors preside at community acts of the priory, province and Order.

178. a) Terms of office at the provincial and general levels extend from one elective chapter to the next. b) Whenever an office becomes vacant, the person who fills it remains in office until the next elective chapter.

In computing the three or six year terms referred to in articles 200b), 225a), 232, 270 and 280a), the time spent in office by someone filling a vacancy is not to be considered.

24 - ELECTIONS AND DELIBERATIONS

179. In elections for which a method has been neither establishes nor delegated to others to determine: a) The presence of a majority of those who must be convoked is required, always respecting the norm of canon 166, paragraph 3.
b) For the validity of the election, an absolute majority of those present is required in the first two ballots.
c) On the third ballot, the two candidates who received the largest numbers of votes in the second ballot have passive voice. The two candidates abstain from voting. Invalid ballots and abstentions are not counted in determining the majority.
d) In the case of a tied vote, the senior in profession or, if equal in profession, the senior in age will be elected or become a candidate in subsequent balloting.


180. In elections for which postulation is not explicitly excluded, if after the penultimate ballot one of the candidate would have to be postulated, the election does not proceed further. Balloting begins again and the person needing postulation no longer has passive voice.

181. In elections by universal suffrage the majority is computed on the numbers of ballots received.

182. a) For the validity of capitular or collegial deliberations, the presence of the majority of those who must be convoked is required. b) A decision is valid if it obtains an absolute majority computed on the number of those present.

c) If the first ballot results in a tie, a second is taken. If the tie persists on the second ballot, the president can break the tie by his vote.

25 - MEMBERS OF THE ORDER


183. a) With solemn profession a friar is definitively incorporated into the Order and into the province that accepted him as a novice; he takes on completely the Order's life and responsibilities and acquires active and passive voice.

b) The parity of our rights and obligations founded on our equality is clearly established in article 9 of these Constitutions. Nevertheless, participation in holy Orders by a majority of friars marks our Order with the characteristics described by canon 588, paragraph 2.

184. The friar commits himself to co-operating in the mission of the Order within the Church, while the Order pledges to support him in the living out of his vocation.

185. Approval of a friar's request for incorporation in another province requires the consent of the councils of the two Provinces concerned.

186. Approval of a friar's request for incorporation in another province requires the consent of the councils of the two Provinces concerned.

187. When, at the request of a prior or a vicar provincial, a friar is officially assigned for a temporary period to a community under the jurisdiction of the prior general he enjoys:

a) all rights at the conventual level;
b) rights at the provincial level for the election of the prior or vicar provincial, for the participation of the provincial or vicarial chapter and for the election of the delegates to the general chapter.


188. A friar called under obedience to carry out a task or office in service to the Order enjoys all rights at the conventual and general levels. His rights at the provincial or vicarial level are determined by the respective directories.

189. The prior general must be notified of all acts of incorporation and of transfers from one province or vicariate to another.

190. a) When a friar promoted to the Order of bishop asks to live in a community of the Order after he has completed the work entrusted to him by the Apostolic See, he will enjoy all the rights accorded him by universal law. He will observe the obligations of profession compatible with his Episcopal ordination.

b) To encourage greater fraternity, ecclesiastical prelates who are members of the Order, in particular those entrusted with responsibility with our missions, may be invited to chapters by the respective priors, especially when problems of common interest are to be discussed.

191. With temporary profession a novice is incorporated into the Order and Province; he takes on the obligations established by the Constitutions and enjoys the rights granted to him by the same.

192. Novices gain suitable experience of our religious life and enjoys the privileges granted to them.

193. Procedures regarding transfer to another institute and departure or dismissal from the Order are governed by the provisions of universal law ( canons 684-704).

26 - THE CONVENTUAL CHAPTER


194. The friars of the community come together in chapter with the prior presiding.

195. a) All solemn professed members of the community have active and passive voice in chapter. b) Novices and those who have made temporary profession participate without the right to vote in chapters concerned with planning and renewal; their presence at other chapters is left to the decision of the conventual chapter itself.

196. The chapter determines its program of conventual and apostolic work; periodically appraises its witness of community life; discusses and votes on the acceptance of candidates to the Novitiate, temporary and solemn profession and holy Orders; reviews the various financial administrations as determined by the directory and deals with all the business matters of the priory; conducts the elections that pertain to it in the manner established by the directory; sees that these Constitutions are known and put into practice. Acts and decisions of the chapter are recorded in written minutes.

27 - CONVENTUAL PRIOR, PARISH PRIEST & OFFICIALS


197. The prior is leader of the community and co-ordinates its activity. He must observe the Constitutions and capitular decisions and promote their observance.

198. The prior shall appoint his vicar.

199. The prior may dispense individual friars of the community from matters related to discipline for a just and proportionate reason. Moreover, he may grant friars permission to be absent from the priory for up to a week.

200. a) The prior's term of office is three years. His election must be confirmed by the prior or vicar provincial.

b) A friar that has held the office of prior for three consecutive three year terms cannot be re-elected to the same office in any priory until a sufficient period of time, determined by the directory, has passed.
c) The method for electing the prior is determined by the directory. For the priories dependent on the prior general, the method is determined by the general council. d) The directory of each Province or Vicariate establishes the years of solemn profession required for valid election to the office of conventual prior.


201. a) Every community elects the number of officials necessary for the administrative needs of the priory; it specifies their duties and their term of office.

b) The prior is responsible for the preservation and accessibility to researchers of documentation pertaining to the life of the community. This documentation should be preserved in the archives of the priory.

202. The method of electing the parish priest or pastor and his term of office are established by the directory.

Nevertheless, parish priest or pastors, assistant priests or parochial vicars ( associates), and moderators are appointed by the diocesan bishop following presentation by or consent of the prior provincial.
The parish priest or pastor has responsibility and may take initiative in accordance with the Constitutions, the directory and canonical norms.

28 - THE PROVINCIAL CHAPTER


203. The local communities of the Order are juridically united into provinces and vicariates with fixed boundaries.

204. a) The Province celebrates the chapter every three years for the election of the assistant provincial and councillors and for renewal, planning and provincial business.

b) Based upon a majority decision of the solemn professed residing in the Province, the directory shall establish either chapters or province-wide meetings to be celebrated in the intervening years in order to foster the unity, renewal and updating of the friars. The manner of celebrating these chapters or meetings is determined by the directory.
205. After consultation with the prior provincial, the prior general convokes the triennial chapter three months in advance, sets the date to begin balloting for the election of the prior provincial and fixes the time and place for the chapter members to assemble.


206. The agenda for the triennial chapter is prepared by the provincial council on the basis of proposals and suggestions requested and received from friars, communities and specialized groups.

One month before the celebration of the chapter, the agenda is sent to the friars of the province and to those who, according to the Constitutions, may participate in the chapter.

207. The following take part in the triennial chapter with the right to vote: the prior general and the newly elected prior provincial, assistant provincial and councillors; vicars provincial, priors and delegates elected by the province whose number must not be less than the number of those who participate by reason of their office; and, from the time of their election, the new assistant provincial and councillors.

208. All solemn professed officially assigned to a priory of the province on the day the chapter is convoked and who do not participate by right in the provincial chapter may elect and be elected delegates.

Those who live outside a priory in virtue of permission receive by the prior provincial participate in the election of delegates and of the prior provincial according to the agreement referred to in article 223 a).

209. The delegates to the provincial chapter are elected according to the following
proportions: a) one for every three friars, if the number of those eligible is not over 50; b) one for every four, if the number of those eligible is not over 100; c) one for every five. if the number of those eligible is not over 150; d) one for every six, if the number of those eligible is not over 200; e) remaining fractions are not counted.
The directory may establish a higher number of delegates or extend full right of participation to all the solemn professed officially assigned to priories of the province and to the friars of the province who are under direct jurisdiction of the prior general when the chapter is celebrated.
The directory will provide precise norms regarding the obligation to participate in the chapter.


210. All solemn professed members of the Province or those officially assigned to one of its priories when the chapter is convoked are eligible for the election to the office of prior provincial.

211. The prior provincial is elected by universal suffrage of the solemn professed friars officially assigned to the priories of the Province on the day the chapter is convoked; he is confirmed by the prior general. The newly elected prior provincial assumes office at the beginning of the chapter.

212. The election of the prior provincial requires an absolute majority of votes obtained in secret balloting. There may be no more than four ballots; they proceed as follows:

a) On the first ballot one may vote for any friar on the list prepared in accord with article 210;
b) on the second ballot, one may vote only for a friar who, on the first ballot. Was among the ten highest in votes received;
c) on the third ballot, one may vote only for a friar who. On the second ballot, was among the five highest in votes received;
d) on the forth ballot, one may vote only for one of the two friars who, on the third ballot, received the most votes. These two friars abstain from voting.


213. In the event of a second, third or forth ballot for the election of the prior provincial, the number of the votes received by each candidate will be made public.

214. Whenever the number of votes is equal in ballots or in elections, preference is given to the senior in profession; if they are equal in profession, preference is given to the senior in age.

215. The method and the practical norms in the election of the prior provincial and for delegates, whenever they are elected, are determined by the directory.

216. The elective provincial chapter will follow the procedural norms found in the Regulations.

217. The prior provincial, the assistant provincial and the councillors take an oath according to the rite found in the Liturgical Directory.

218. The acts of the elective provincial chapter are approved by the provincial council and confirmed by the prior general.

219. Local communities are bound to observe and to put into effect all that is decided by the provincial chapter.

29 - THE PRIOR PROVINCIAL AND HIS ASSISTANT

220. The prior provincial is the leader of the Province. With the assistant provincial and the councillors, he encourages and co-ordinate the various activities of the Province.

221. It is the prior provincial's duty: a) to convoke the council periodically; b) to dispense a priory from the Constitutions in matters related to discipline for a
just and proportionate cause; to dispense the entire Province for a serious reason;
c) to confirm the acts of an elective vicarial chapter and to forward a copy to the prior general;
d) to grant dimissorial letters;
e) to grant permission to preach to our friars in the churches and oratories of the
Order, in accord with canon 76; f) to authorize friars to publish writings dealing with questions of religion or morals; g) to grant friars permission to be absent from the priory for a month, after having consulted the prior; h) to inform the prior general of the election of conventual priors and other important news in the Province.

222. The prior provincial, after consulting his council, is responsible for the following: a) officially assigning friars to the various communities, in accord with what is
established in the Constitutions;
b) admitting friars to the holy Orders in accord with article 170;
c) excluding, for a just reason, a friar for renewing his vows or making solemn
profession; d) initiating the canonical procedure for dismissal from the Order for any of the situations envisioned in canon 696.

223. With the consent of his council, the prior provincial is responsible for the following:
a) granting a friar permission to live outside the priory for a year, in accord with canon 665. By previous agreement with the friar concerned, the permission should specify his rights and obligations at the conventual and provincial levels.
b) granting, in accord with article 301, the written authorization required for the validity of alienation of goods and any other legal transaction which would adversely affect the patrimony of a priory or the Province.

224. It is the duty of the prior provincial to be vigilant regarding the religious commitment of the communities and the application of chapter decrees.
He must not act in the place of provincial officials nor do what pertains to local priors unless they are negligent in fulfilling their duties, and even then, only in a particular in-stance.
The prior provincial may convoke a conventual chapter and vote in it.


225. a) The prior provincial is elected for a term of three years and may only be reelected to one consecutive term. Five years of solemn profession are required for the validity of the election.

b) Whenever the office of prior provincial becomes vacant for any reason, the assistant provincial must organize the election of a successor by universal suffrage as soon as possible. The newly elected provincial will remain in office until the next elective chapter.

226. a) The assistant provincial is the principal councillor of the prior provincial in the government of the Province. During an absence of the prior provincial, he becomes the vicar.

b) He is a member of the council and presides over it when-ever the prior provincial is unable to do so. c) He ordinarily accompanies the prior provincial on the visitation of the priories of the Province, except for the priory in which he resides. d) Whenever the assistant provincial is also absent, the prior provincial appoints a friar of his choosing as vicar.

30 - VISITATION OF THE COMMUNITIES


227. The purpose of the canonical visitation is to examine the community life and work of the friars and the administration of the priory. It should have a predominantly fraternal and spiritual character and conclude with a conventual chapter in which problems brought to light are confronted with charity, firmness and moderation.
Adequate documentation regarding the visitation should be preserved in the archives of both the priory and the provincial curia.

228. The canonical visitation is made by the prior provincial accompanied by the assistant provincial, or another friar at least once a year, when it has not been made by the prior general.

The time and manner of the visitation can be agreed upon with the community itself. The prior provincial, for particular reasons, can delegate another friar to make the visitation.

229. During the visitation the prior provincial, or his delegate, should not make important decisions without first consulting the friar who accompanies him.

230. The prior provincial should visit vicariates at least once during his three year term and, if possible, participate in their elective chapter, in which he has the right to vote.

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