TITLE I

AUTHORITY IN THE FRATERNITY

125- Authorities, namely chapters and superiors, exist in our Congregation for the purpose of correctly ordering the life and works of the entire fraternity and to regulate them continually with suitable means.

126- §1. Since this community is a Public Association of the Christian Faithful, the brothers follow the norms of Canon Law for such associations and obey the Bishop of Birmingham. They also follow the Canons concerning religious institutes insofar as they apply, according to the directives of this Bishop. While the day to day interpretation of the Constitutions pertains to the General and Local Chapters, final authentic interpretations can be given only by the Bishop.

§2. The authority of the Friary Chapter is determined by the norms of the Constitutions and by the General Statutes.

127- §1. The superiors of our Congregation should exercise authority according to the norms of the common law of the Church and our own particular law.

§2. When according to the norm of law the superior needs the consent or counsel, his action is invalid if for whatever reason he failed to seek such consent or counsel, or should consent be required, if he acts against the deliberative vote given.
§3. When the superior requires the consent or counsel of his council, he himself does not have the right to vote (can. 127). If, however, the superior acts with or together with his council, then he may vote (can. 119).

§4. Consent and counsel are to be sought in joint meetings unless, should counsel alone be required, the General Statutes state otherwise. In every case, however, a written record must show that counsel or consent was duly sought and obtained.

128- §1. The chapter and the council should fulfill their role faithfully and each in its own way express the concern and participation of all the brothers for the welfare of the entire fraternity.

§2. Matters which rightly belong to the chapter may not be remanded to the respective council for solution except for a serious reason to be verified by two-thirds vote of the chapter.

§3. Experts, including lay persons, may be invited to the chapter or council meeting to obtain their advice.

129- §1. For validity of chapter acts the presence of two-thirds of the voting members is required.

§2. A two-thirds majority is likewise required in councils unless it is unforeseen that several voters will be impeded for more than a week and the matter is urgent, in which case an absolute majority suffices.

§3. The consent of the absolute majority of those present is required and sufficient to expedite individual items of business unless it is expressly stated otherwise for a given case.

TITLE II

OFFICES IN THE FRATERNITY

130- §1. Any brother elected to an office should humbly accept the ministry and faithfully fulfill it in a spirit of service. Those elected to an office are presented for approval to the Bishop of Birmingham.

§2. Only perpetually professed brothers possessing the qualifications required by canon law and our own particular law are eligible for offices in the Congregation.

§3. Only perpetually professed who have received the sacred order of presbyterate may hold the office of superior at any level.

131- §1. General Offices are those of Minister, Vicar, Councilor, Secretary, and Econome.

§2. Friary Offices are those of Local Minister and the Vicar of the friary.
§3. All other offices, taken in the broad sense in these Constitutions, are called duties or assignments.

132- §1. All General Offices are conferred in the General Chapter through election by written ballots unless otherwise stated. When an office becomes vacant outside of the chapter, the Vicar succeeds thereto by virtue of the law itself until new elections are held. Appointment is made to all other offices by the Minister General together with his Council.

§2. Local Ministers are elected in General Chapter or, for a just reason, outside of chapter by the Minister General with his Council through written ballots after proposal by the Minister General. The Vicar of a friary is elected in the Friary Chapter by written ballots by the perpetually professed members of the friary.

§3. Conferral of assignments is carried out by written ballots or by appointment, as may be determined in each instance by the Constitutions or Statutes.

133- §1. In holding elections common law of the Church and our own particular law are to be observed. However, except for the prescriptions of §§2 and 3 of this article, he is to be considered elected and proclaimed such by the praeses of the electoral college who, after the invalid votes have been subtracted, has obtained an absolute majority or who, after two inconclusive ballots, has obtained a relative majority in the third ballot. If the result is a tie after the third ballot, the elder in profession and then in age is to be considered elected.

§2. For the third and final successive election to the same office a qualified majority, namely, two-thirds of the votes is required and must be obtained in the first or second ballot. The same norm applies regarding a qualified majority also for the third and final successive election of the Local Minister to the same friary. Care should be taken to avoid having the brothers remain for too long a period in the same offices of governance without an interval (can. 624, §2).

§3. Five ballots are allowed for the election of the Minister General. After the second and inconclusive ballot, candidates requiring a qualified majority lack passive voice. In the fifth ballot only the two who received a relative majority in the fourth ballot enjoy passive voice. If several obtain the same relative majority, they are all candidates and lack active voice in the fifth ballot. He is to be considered elected who receives a relative majority of the votes and in the case of a tie the elder in profession and then in age.

§4. The Minister General shall be designated by canonical election according to article 133, §3, of these Constitutions. The other superiors shall likewise be constituted according to the norms of the Constitutions, in such wise, however, that if elected they need the confirmation of the Minister General according to law (can. 179, §§1-5). However, if they are nominated by the superior a suitable consultation should precede the election.

§5. The bishop of the principal house of our Fraternity, namely, the bishop of Birmingham, Alabama shall preside at the election of the Minister General (can. 625, §2).

134- §1. General Offices are conferred for a six year term. Friary Offices are conferred likewise for a six year term.

§2. Assignments conferred by a chapter are for six years if general, otherwise for three years. However, assignments conferred by nomination can be for a definite or indefinite time but not longer than a three year period which may then be renewed.

135- §1. To foster the bond of brotherhood and the unity of purpose of the brothers, the Minister General should maintain frequent contact with the brothers by way of personal dialogue, correspondence and reports on chapter and General Chapter meetings and on all matters relevant to the life of the Fraternity.

§2. At least once during his term of Office the Minister General, either personally or through a delegate, should conduct a canonical visitation and give a report of it at the ordinary General Chapter.

§3. During his visitation the Minister General or his delegate should deal with his confreres humbly and charitably, attentively review the life and the activities of the community according to the directories and in the Friary Chapter carefully illustrate and discuss all matters.

136- §1. Superiors are bound by law to residence, so as to be available for service to the brothers.

§2. The Minister General should keep his Vicar General continually informed about all matters of government and administration and willingly avail himself of his assistance in ordinary matters as well. Likewise, the Local Minister shall do the same in regard to his relationship with the Local Vicar of the friary.

§3. A superior who is about to absent himself or who is impeded in the exercise of his office shall forewarn his Vicar who should then carry on the affairs of office according to the law and mind of the superior.

137- §1. A brother should willingly resign an office conferred on him for the common good if the superiors consider him necessary for another office.

§2. Resignations from any office or assignment conferred by a chapter may be accepted by the chapter while it is in session or outside the chapter by the Minister General with the consent of or together with his Council, as the case may require. Resignation from office conferred in the Council may be accepted by the Minister General with the consent of his Council. Resignation from assignments conferred by nomination may be accepted by the nominating superior.

§3. The resignation of the Minister General outside of chapter may be accepted solely by the Diocesan Bishop in whose diocese the Generalate House is located. The resignation of other superiors may be accepted by the Minister General with the consent of his Council.

138- §1. No one is irremovable from an office or assignment in our Congregation. The brothers should enjoy, however, that stability which the good of souls and of the entire Fraternity as well as for the individual brothers themselves requires.

§2. The brothers shall not be removed from offices conferred for a specified time except for a serious and proportionate reason to be examined and legitimately proven by the Minister General with his Council and with due concern for justice and natural equity.

§3. The removal of any brother from office pertains to the same authority which is empowered according to number 137 of these Constitutions to accept the resignations from that office.

§4. Should it become necessary for the removal of the Minister General, the members of the General Chapter must petition the Bishop of Birmingham for such a removal. The Local Chapter may petition the General Chapter for a review of the ministry of the Local Minister, and, if necessary, he can be removed by the General Chapter after receiving the approval of the Bishop of Birmingham. However, in the case of absolute necessity, e.g. serious scandal, the Minister General has the authority to remove the Local Minister and must inform the Bishop of Birmingham.

139- The Minister General with the consent of his Council may for a just cause dispense from the law of incompatibility of offices or from a law disqualifying from offices which are sanctioned in our particular law.

140- No superior of our Congregation, without expressed concession from the competent Church authority, may dispense from the laws of the Church or the decrees of the Holy See.

141- §1. Friaries, due to the distance from other friaries of our Fraternity and other proportionate reasons, may be grouped into regions which are not distinct juridical persons. The establishment, change and disestablishment of regions belongs to the Minister General with the consent of his Council.

§2. A brother is appointed as Regional Superior by the Minister General with the consent of his Council.

§3. The term of and duration in this office are for a three year period which may be renewed at three year intervals as the case may require.

§4. The authority of the Regional Superior is delegated by the Minister General and therefore is not a higher superior nor is the Regional Superior considered to be an office in the strict sense of the term, since he lacks ordinary power. However, it is on the same level, although not a major superior, akin to or in extent to that of a provincial superior.

§5. For valid appointment the brother must be perpetually professed for at least five years and have the sacred order of the presbyterate.

§6. The extent of the authority of the Regional Superior, since it is delegated, is to be defined by the Minister General with the consent of his Council or may be determined by the General Statutes.

142- §1. If it seems opportune or necessary, two Regional Councilors, a treasurer and a secretary may be appointed by the Minister General with the consent of his Council.

§2. The brothers appointed Regional Councilors are to be at least perpetually professed for three years. The same requirement applies for the duty of treasurer and secretary.

§3. One of the two Regional Councilors is to be appointed by the Minister General with the consent of his Council as the Regional Assistant to the Regional Superior. He is to have the sacred order of the presbyterate.

§4. The norms of the Constitutions and General Statutes concerning the General Council, treasurer and secretary apply, with due modifications to the same regional offices.