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Constitutions OSM
38 - THE PROCURATOR OF THE ORDER
274. The duty of the procurator of the Order is to look after the interests of individual friars, communities, provinces and the Order in their relationship with the Apostolic See.
275. The procurator of the Order shall inform the prior general of business he is conducting in the Roman Curia, and shall always consult him on more important matters.
276. The procurator of the Order remains in office for six years and may be reelected.
If the office of procurator of the Order becomes vacant, the prior general and his council, after consulting the priors and vicars provincial, will elect as soon as possible a successor who will remain in office until the next general chapter.
39 - THE GENERAL COUNCILLORS
278. a) There are four general councillors. To the extent possible they should be of different nationalities and languages.
b) It is their duty to assist the prior general in the government of the Order and in the administration of its affairs. The nature of their office requires that they reside in Rome.
279. During the general chapter, the prior general, after consulting the priors and vicars provincials will assign to each councillor the provinces and vicariates he is to represent in the manner determined by the general council.
280. a) General councillors remain in office for six years and may not be elected to a third consecutive six year term. Postulation is excluded.
b) If the office of a general councillor becomes vacant, the general council, after consulting the priors and vicars provincial, will elect as soon as possible a successor who will remain in office until the next general chapter.
281. The general council is composed of the prior general, the four general councillors and the procurator of the Order if he has been named vicar general.
282. The general council, with collegial vote, is responsible for: a) erecting or suppressing a religious house in accord with canons 609, paragraph
285. a) The general council, with the full collaboration of all the provinces and vicariates, will elect: The secretary for the Centre of Communications; The president of the International Liturgical Commission of the Order; The secretary general for the missions; The general regent of the studies; The president of the Historical Institute; The archivist of the Historical Archives; The postulator of causes for beatification and canonization; The secretary for the Secular Order and lay groups; The general treasurer.
286. b) The general council will specify the responsibilities and manner of operation of the secretariats and the term of office of the individual officials.
The general council, with the full collaboration of all the provinces and vicariates, is free to organize the general curia with other secretariats and offices and to specify their duties.. Such secretariats and offices continue their functions at the discretion of the prior general.
287. The Procurator of the Order, general secretariats and general officials should be consulted by the general council when important matters within their competence are discussed.
1, and 616, paragraph 1, except for what is stated in article 268 a); b) granting consent to a province for the acceptance of a foreign mission; c) resolving differences between one province and another and between a province and a vicariate; examining appeals of friars; d) removing a prior provincial for particularly serious reasons, after having consulted the provincial council; e) acting as a provincial council for priories under the immediate jurisdiction of the prior general, except in matters referred to article 233e); f) providing practical interpretation of the Constitutions in particular cases; g) implementing the decisions of the general chapter regarding the erection, division or suppression of a province, the unification of various provinces and the determination of new boundaries. 40 - GENERAL SECRETARIATS AND OFFICIALS 283. After consulting the priors and vicars provincial. The prior general proposes the secretary of the Order who is elected by the general chapter 284. The duties of the secretary of the Order are; a) To draw up the public acts of the Order, of the prior general, of the general council and of the general chapter; b) To care fore the current and recent archives of the Order; c) To affect liaison among the general secretariats, in agreement with the general council and in the manner it shall determine; d) To see to the publication of the Acta Ordinis Servorum Beatae Mariae Virginis. 41 - SHARING AND ADMINISTRATION OF GOODS
288. The Servants of Mary, aware that whatever they possess is not only the fruit of their labour but also a gift of Providence, shall administer their possessions with prudence and wisdom in a spirit of service and solidarity.
The brothers responsible for the administration of goods, in carrying out his service contribute to the realization of an authentic spirit of poverty and sharing.
289. a) Priories, vicariates provinces and Order may acquire, possess, administer and alienate movable and immovable goods. With a view toward the common good,
vicarial and provincial chapters may make decisions regarding the goods of priories and of the vicariate or provinces. They may also establish norms for the surplus funds of conventual administrations.
290. Temporal goods are administered by conventual, vicarial and provincial treasurers under the direction and control of the respective priors, councils and chapters. Treasurers have responsibility and may take initiative in the area of their competence and within fixed limits.
291. a) In the administration of goods, vicarial and provincial treasurers are assisted by a financial council. The directory shall determine the competence of the financial council and establish norms for its operation and the selection and term of office of its members
b) In the use of goods, local communities, the provinces and the Order are bound by reciprocal rights and obligations according to the norms established by the Constitutions and directories. c) In addition to fulfilling the obligations mentioned above, the local communities, the provinces and the Order should treat and administer their goods as being at the service of the brothers and of the poor. In accordance with their means, they should be sensitive to and willing to help the families of the friars and friars who leave the Order, whenever they require assistance. b) The financial council of the Order is made up of the general treasurer, who acts as president, and at least three councillors elected by the general council. The councillors should be qualified friars and, if possible, of different nationalities. Lay experts may also participate in this council.
292. The accounting system for the various administrations will be determined by the directory, upon the recommendation of the financial council.
293. Conventual, vicarial, provincial and general activities of particular financial interest or importance must have their own financial administrations. The conventual, vicarial, provincial and general treasurers must include these administrations in the system of reporting described in the following article.
294. a) The conventual treasurer and other administrators in the community, in addition to the report required by the directory, must provide the conventual chapter with an annual report accompanied by a budget for the following year, which will be discussed and approved by the community. At the end of the fiscal year, the annual reports and budgets of conventual administrations are sent to the vicarial or provincial treasurer. If there are serious problems, he will inform the respective councils which will see to the matter.
The duties of the financial council of the Order are: 1) To assist the general treasures and the general council in resolving the principal financial problems of the Order; 2) To examine the financial reports and budgets of the vicariates, provinces and Order. b) Vicarial and provincial treasurers present the reports and budgets of their administrations to their respective provincial and vicarial councils for approval. They present the reports and budgets of the various priories to the vicarial and provincial chapters solely as information. Before the end of March they send to the general treasurer a detailed report of their administrations and of the various vicarial or provincial and conventual administrations.
295. a) The annual financial statements must be accompanied by a report that clearly describes the economic situation of the Vicariate or Province and by a budget for the following fiscal year.
b) A financial report of the entire Order and a budget for the general financial administration will be sent to the provincial and vicarial councils each year.
296. All acts regarding the juridical and civil recognition of the province and its priories, all contracts between the Province or priories and dioceses, contracts between the province and vicariates, titles to immovable goods and documents related to depths and obligations must be preserved in the provincial curia; copies or extracts are sent to the priory concerned and the general curia.
Every priory should have an inventory of goods of historical or artistic values.
297. No friar, without the written permission of the prior or vicar provincial, or the prior general if he is officially as-signed to a community under the general, may receive or keep, either personally or through others, the goods or money of others, on deposit or on any other form, even if given in confidence and secretly. Each year on occasion of the canonical visitation, the friar will give an accounting of the deposit.
298. a) All goods that result from our work or are received as gift, pension, subsidy or insurance of any kind are acquired for the Order.
b) The use of movable goods by the individual friar is regulated by the directory in accord with the spirit and vow of poverty.
299. The specification of acts which exceed the limits and manner of ordinary administration and the determination of conditions for their valid execution are left to the provincial and vicarial directories.
300. The maximum limits for expenses, which are not related to ordinary administration and which can be authorized by the vicarial or provincial council, the provincial or vicarial treasurer, the vicar or prior provincial and the conventual chapter and prior, are determined by the directory.
The maximum limits for extraordinary expenses by the prior general, the general treasure and the chapters and priors of priories under the immediate jurisdiction of the prior general, are determined by the general council.
301. Chapters and councils can grant permission to contract debts, to sell and mortgage movable and immovable goods, and to alienate precious objects or any other goods. Such transactions must be done in the manner and within the limits determined by the directory. They must respect the limits fixed by the Holy See whose authorization is required for sums exceeding these limits. The same authorization is required for items given to the Church in virtue of a vow or for precious goods of artistic or historic value.
The general council fixes the limits and determines the regulations for priories under the immediate jurisdiction of the prior general.
302. a) The contribution from each prioriy and administration for the needs of the vicariate or province is determined by the directory.
c) The general treasurer gives an account of his administration and makes a report of all the general, provincial, vicarial administrations to the general chapter and each year to the general council. d) The method for making these reports on the various administrations is determined by the respective vicarial, provincial and general council. b) The general council, taking into account the financial reports received, determines annually the contribution which every province and vicariate must send to the general curia.
303. The offerings of the faithful for the celebration of Masses should be diligently recorded and the intentions duly satisfied. The offerings for intentions not satisfied in due time should be sent to the provincial and general treasurers.
304. The prior general for priories under him and the prior provincial should see to it that all goods are duly insured and that all friars including those of vicariates are enrolled in the insurance programmes of their country, especially health insurance and old age pension.
c) If, in particular circumstances, the Order must make an extraordinary expenditure or if, in a special case, assistance is needed to meet particulars needs of a province or vicariate, the general council may impose an extraordinary contribution after consulting the vicarial and provincial councils. 42 - NUNS, SISTERS, SECULAR INSTITUTES,…
305. The Friar Servants of Mary, continuing an ancient and living tradition, constitute a single family with the women religious and with the members of secular institutes, the Secular Order and lay groups that share the same ideal, commitment to evangelical apostolic life and devotion to the Mother of God.
306. The friars should maintain a real and fraternal spiritual communion with the contemplative Servite nuns, appreciating their particular ministry of prayer.
Convents of contemplative nuns directly entrusted to the jurisdiction of the Order are assisted by our major superiors in accord with the norms of the universal law.
307. For mutual religious growth and more effective ecclesial service, the friars should collaborate with servite sisters and with the secular institutes aggregated to the Order. Councils and secretariats, wherever they exist, should promote mutual collaboration.
308. a) Every Servite community:
309. The general council ha the faculty to aggregate to the Order new congregations and secular institutes that request it, after having ascertained their spiritual affinity. Such aggregation involves the acceptance of the essential elements of our Constitutions, adoptions of the liturgical books of the Order and, if possible, use the name “Servants of Mary".
310. On the occasion of general, provincial and conventual chapters, the respective priors or vicars may invite nuns, sisters, and members of the secular institutes, the Secular Order and lay groups in order that their representatives may participate in the discussion of topics of common interest.
311. The prior general, prior provincial and conventual priors should encourage qualified and willing friars to foster among the religious and lay groups united with us an adequate knowledge of Servite history and spirituality and, above all, of the doctrine on the Virgin in the mystery of Christ and of the Church.
1. Should promote the development and updating of the Secular Order; 2. Should foster the formation of lay groups among the faithful who desire to live out their baptismal consecration according to the spirit of Order and who feeling themselves to be one family with the Servants of Mary, accept the commitments and norms proper to the group. b) It is the responsibility of the conventual chapter to recognize the Servite authenticity of a group which develops around a community of friars. In other cases, this responsibility pertains to the provincial council. Other Servite families (nuns, sisters, secular institutes) can recognize the authenticity of a group that develops near them. c) The provincial and vicarial council should establish secretariats for the animation and co-ordination of these groups. 43 - INTERPRETATION & OBSERVANCE OF THE CONSTITUT.
312. The general Chapter may make changes in the Constitutions. These changes take effect when approved by the Holy See. Before being inserted in the text of the Constitutions, changes must be approved by an absolute majority of votes in three consecutive general chapters and be confirmed by the Holy See.
313. Official interpretations of the Constitutions are given by a general chapter. Authentic interpretation is reserved to the Holy See. A practical interpretation binding
until the next general chapter may be given by the general council with all members present.
314. If one or more articles of these Constitutions cannot be observed in a province because of particular circumstances, the general council at the request of the provincial chapter will make a decision on the matter. This practical ruling will be valid until the next general chapter.
315. If a friar causes scandal or transgresses these Constitutions in a serious way, his priors should admonish him and use the most suitable means for his correction.
316. When the exercise of juridical power is necessary, the norms of universal law and the spirit of chapter 6 of these Constitutions are to be observed.
317. Should situations not foreseen in the Constitutional text arise; the general council will issue special norms that are valid until the next general chapter.
318. All friars must observe fully the present Constitutions in accord with the commitment made in religious profession. In this way they will progress toward the perfection of charity in service to the Kingdom of God.
44 - EPILOGUE
319. Since our ideal is to reach the perfect stature of Christ, we shall have only relationships of peace, mercy, justice and constructive love toward creatures. In our commitment of service, the figure of Mary at the foot of the Cross shall be our model. Since the Son of Man is still being crucified in his brothers and sisters, we, Servants of his mother, wish to be with her at the foot of those countless crosses in order to bring comfort and redemptive co-operation. In our surrender to an ever greater love, we shall take up our cross each day. Remembering the we are to be judged according to the words “I was hungry and you gave me to eat, naked and you clothed me ...", we wish to renounce our own interests in order to follow Jesus in his work of salvation. Although creation still groans in sorrow and anguish, we recognize that we are bearers of those forces that free creation from the slavery of corruption and bring it into the freedom of the children of God. This knowledge gives us the joy promised by Christ which no one can take from us. |
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