Spiritual Introduction...INSTRUMENTUM LABORIS CHAPTER III Spiritual Introduction CURRENT TEXT DRAFT...

INSTRUMENTUM LABORIS

CHAPTER III

Spiritual Introduction

CURRENT TEXT DRAFT TEXT MOTIVATION

Current Chapter IV Spiritual Introduction

Spiritual Introduction

a) “Our Order... is a very large company, a kind of general assembly which has come together from every part of the world under a common form of life” (2 Cel 192) This is what blessed Francis openly says of his seraphic Order which he properly calls a fraternity, all of whose members are united among themselves by fraternal bonds and relationships. Although he assigned them different ministries or positions, nonetheless he considered them “all brothers, both the Ministers and the others” (Rnb 221 and “all brothers...both clerical and lay, whether given to preaching, praying, or manual labor” (Rnb 17). Therefore, “it was his abiding desire and diligent concern to protect the bond of unity among his sons,

a) Fraternity is one of the principal elements of the charism of Franciscan life. St. Francis viewed it as a gift from God: “The Lord gave me some brothers”1. He considered its members “all my brothers, both the ministers and the others” 2, and quoted the Gospel saying “All of you are brothers” 3.

We used St. Francis’ own writings because today most Franciscan scholars hold that the authentic spirit of Francis is found in his own writings, not in the biographies.

1 Test, 14. 2 ER, 22: 26. 3 Ibid., 22: 33.

so that those whom the same spirit drew together and the father brought forth might be nurtured in the bosom of the same mother” (2 Cel 191) “This... is what makes the beauty of this family shine forth, whose many different virtues greatly pleases the head of the family” (2 Cel 192). b) Our Seraphic Father clearly perceived his fraternity patterned and wanted it ever to be formed after the image of both the community of the apostles called by the Lord “to be his companions and to be sent out to preach” (Mk 3: 14), and also of the entire Church wherein believers are made members of Christ in the communion of faith and charity as in the early Church, where the multitude of the faithful was of one heart and one mind. Hence, he insistently begged all the Friars, both the Ministers and the others, namely, the whole community: “'Stay awake praying at all times for the strength to... stand with confidence before the Son of Man'. And let us have recourse to Him as to the shepherd and guardian of our souls, who says: 'I am the good Shepherd... You are all brothers... since you have only one Father, and He is in heaven... You have only one Teacher, the Christ... For where two or three meet in my name, I shall be there with them'. Therefore, let us adhere to the words, examples, and teaching of Him who deigned to pray for us: 'Holy Father, keep those you have given me true Your name so that they may be one like us”' (Rnb 22).

b) The Seraphic Father invited the friars truly to be brothers: “Let no one be called “prior”, but let everyone in general be called a lesser brother. Let one wash the feet of the other” 4. “Wherever the brothers may be and meet one another, let them show that they are members of the same family. Let each one confidently make known his need to the other... When any brother falls sick, the other brothers must serve him as they would wish to be served themselves”5.

We used Francis’ own writings for the same reason as above.

c) St. Francis further said: “Let all the brothers not have power or control... especially among themselves... Let no brother do or say anything evil to another; on the contrary, through the charity of the Spirit, let them serve and obey one another

We highlighted the connection between brotherhood, obedience, and mutual service.

4 Ibid., 6: 3-4. 5 LR, 6: 7-9.

voluntarily. This is the true and holy obedience of our Lord Jesus Christ”6.

d) St. Francis conceived a fraternity founded on an original concept of obedience: “If the prelate, however, commands something contrary to his conscience, even though he may not obey him, let him not, however, abandon him. And if he then suffers persecution from others, let him love them all the more for the sake of God. For whoever chooses to suffer persecution rather than wish to be separated from his brothers truly remains in perfect obedience because he lays down his life for his brothers”7.

We highlighted the fraternal relationship between friars and their ministers in “perfect” obedience, which expresses a strong sense of belonging to fraternity.

e) Blessed Francis founded his fraternity upon the words of Jesus: “Let us have recourse to Him as to the Shepherd and Guardian of our souls, Who says, ‘I am the Good Shepherd... All of you are brothers. Do not call anyone on earth your father; you have but one Father in heaven.’”8.

We included a text from the writings of Francis that founds the brotherhood on the words of Jesus.

c) From the very first statement of his Rule St. Francis indicates the intimate bond and reciprocal influence between the gospel life, expressed by the vows and apostolate, and the common life, when he prescribes them jointly as necessary for the forming of the integral way of life of the Friars Minor. The Friars, therefore, are bound to profess this life “by living in obedience, without anything of their own, and in chastity”, persevering in fraternal and obedient communion with St. Francis and his successors. For this reason blessed Francis exhorts them saying: “Persevere in the instruction received and in holy obedience, and what you have promised Him fulfill with good and firm resolve. The Lord God presents Himself to us as to

We eliminated letter “c” because the themes of the vows and mission are treated respectively in Chapters I and IV.

6 ER, 5: 9, 13-14. 7 Adm, 3: 7-9. 8 ER, 22: 32-34.

sons” (EpOrd) namely, as the reward for the Profession of vows and common discipline. f) Blessed Francis entreated the friars: “Let each one

love and care for his brother as a mother loves and cares for her son”9; “They [the friars] must be careful not to be angry or disturbed at the sin of another, for anger and disturbance impede charity in themselves and in others” 10; “And if [a friar] would sin a thousand times before your eyes, love him more than me so that you may draw him to the Lord; and always be merciful with brothers such as these”11.

We created two new numbers to highlight concrete fraternal love.

g) Friar Francis exhorted brotherly love towards both confreres and all others: “Let them express the love they have for another by their deeds, as the Apostle says: Let us not love in word or speech, but in deed and truth. Let them revile no one. Let them not grumble or detract from others... Let them be modest… Let them not judge or condemn. As the Lord says, let them not consider the least sins of others; instead, let them reflect more upon their own sins”12.

d) Our Seraphic Father was accustomed to assemble his brothers to speak with them of the Kingdom of God. The Friars themselves yearned to gather together with St. Francis for a mutual exchange of sentiments and to inspire each other to a renewal of life (cf. I Cel 30) “And, indeed, since they despised all earthly things and never loved one another selfishly, but rather directed all their affection toward the common good, they sought to offer their very selves to meet any fraternal

h) The Seraphic Father was accustomed to assemble his brothers to speak with them about spiritual things. The friars too yearned to gather around him: “They gathered together out of desire and were delighted to stay together; but they found being apart a burden, parting bitter, and separation hard13. Francis commanded the friars and the Ministers to gather with the Minister General in Chapters to take care of “everything else that is not clear in the Rule14. He also

We highlighted the three levels of capitular gatherings.

9 Ibid., 9: 11. 10 LR, 7: 3. 11 LtMin, 10. 12 ER, 11: 6-127. 13 1C, 39. 14 LtMin, 22.

need. They assembled willingly, they remained together even more willingly; living alone was hard for all, separation sad, and departure bitter” (I Cel 39). The Friars manifest these same reasons for being united when they assemble in any kind of Chapter. Blessed Francis frequently commanded the Friars and Ministers to gather together with their Minister General in Chapters in which he always greeted “his very beloved brothers... in Him who has redeemed and washed us in His blood” (EpOrd) with all his heart and gave them salutary exhortations. He also exhorts the Ministers Provincial that, as often as they can, each endeavor “to meet with his Friars... to treat of those matters which pertain to God” (Rnb 18) In the Friary Chapter, however, and “wherever the Friars may be... let them show that they are members of one family” (Rb 6).

asked each Minister Provincial to “come together with his brothers wherever they wish to treat of those things that pertain to God15. The same purpose is served at the local level by the Friary Chapter.

e) “Instructed by a revelation from on high,” St. Francis “understood that he had been sent by the Lord to win souls for Christ... And so the man of God with his companions repaired to an abandoned hut...” and then “having become a herald of the Gospel, went about the cities and towns proclaiming the Kingdom of God” (LM IV, 2,3,5). The following general apostolic exhortation of St. Francis confirms and expresses well this common apostolic effort of the whole Order recommended by Francis to all his Friars: “...All of us Friars Minor, useless servants, humbly beg and entreat all on earth, who are and who will be, that we all persevere in the true faith and in repentance, because otherwise none of us can be saved” (Rnb 23).

We eliminated letter “e” because the theme of evangelical witness is treated in Chapter IV.

f) Once blessed Francis had founded the brotherhood of the Friars Minor, “...very many, inspired by the ardor

i) The Franciscan family, like a luxuriant tree, is composed of the various branches of the Friars Minor;

We synthesized the paragraph.

15 ER, 18: 1.

of his preaching, bound themselves to observe the new obligations to do penance according to the way adopted by the man of God, which he decided to call the Order of 'The Brothers of Penance'... Virgins, too, were converted to perpetual celibacy, among whom was Clare, most beloved of God, of these virgins the 'first little plant'... She was a daughter in Christ of our holy Father Francis, the little poor man, and mother of the Poor Ladies” (LM IV, 6). Thereafter, the first Order itself, like a luxuriant tree, brought forth the various families of Friars Minor. Hence it is most fitting that all who consider Francis their Seraphic Father constantly cultivate fraternal communion so that always and everywhere the fullness of the Franciscan charism may flourish.

the consecrated women who choose “the form of life of the Order of poor sisters” 16 the Poor Clares; the religious men and women of the Third Order Regular; and all those who belong to the Secular Franciscan Order. Hence it is most fitting that all who consider Francis their common Father constantly cultivate fraternal communion so that always and everywhere the fullness of the Franciscan charism may flourish.

j) Franciscan brotherhood expands to include all of humanity, towards whom the friars are to be always welcoming: “Whoever comes to them, friend or foe, thief or robber, let him be received with kindness” 17. To whomever they encounter the friars are to announce peace: “The Lord revealed a greeting to me that we should say: ‘May the Lord give you peace.’’ 18. The spirit of fraternity extends to embrace all of creation, which St. Francis saw as a reflection of the beauty and goodness of God: “Praised be You, my Lord, with all Your creatures”19.

We expanded the concept of brotherhood to all of humanity and all of creation.

16 RsC, 1: 1. 17 ER, 7: 14. 18 Test, 23. 19 CtC, 5.

Title I: Franciscan Fraternity


Chapter IV, Title I: Franciscan Fraternal Life

Franciscan Fraternity

54. §1. The fraternal life finds its model and its unifying dynamism in the life of communion of the Blessed Trinity20, which transforms human relationships and creates a new type of solidarity21.

We gave a theological and spiritual basis for fraternity, referring to a magisterial text.

§2. Fraternal life is a particular manifestation of the communion which is the Church and a sign of that universal eschatological unity to which the Church strives as her final goal. A fraternity, with its sharing of goods, fraternal communion, and a common program of life is also a prophetic witness in a frequently very deeply divided world22.

We added this paragraph to underline the prophetic dimension of fraternity, drawing upon the document Fraternal Life in Community.

86 - § 1. The Friars profess a common way of life and are united in a true community, rooted and founded on love, structured by the same spiritual and legal bonds, and fashioned after the form of an ecclesial community in order to promote and express better the common profession of vows.

§3. In order to promote and better express the form of the Gospel life which, through divine inspiration, comes from the heart of St. Francis23, the friars are joined into a fraternity founded on the love of God, enlivened by the Holy Spirit, nurtured by the Word and Eucharist, and committed to the mission of the Church.

We reworked and enriched this paragraph.

§ 2. Since the Friars should strive continuously to build up this community, just as they have received a gift, each should employ it for the good of the other and all should do so for the common good. In each

§4. The friars are to build up, every day, with the help of grace, their communion of life. Therefore they are to welcome each other as gifts from God; to love each other with their whole hearts; to respect their

We provided concrete expressions of Franciscan fraternity.

20 See Fraternal Life in Community, 10. 21 See VC, 41. 22 See Fraternal Life in Community, 10 and CIC, canons 602 e 607. 23 See Test, 14.

Friary, in each Province, and in the whole Order they should strive to achieve and maintain this manner of life which perfects and exemplifies the nature of true brotherhood, namely, a family of brothers.

confreres’ rich yet fragile life history; to cultivate wide and open dialogue; to share their experiences with confidence; to trustingly make known their needs; to help one another and be supported by one another, and charitably serve one another24; to place their gifts and creativity at the service of each other; and to express their sense of belonging to the brotherhood of each Friary, Province, Custody, and of the entire Order.

55. §1. The friars are to be faithful to their calling to give witness and proclaim to all peoples the saving presence of the Lord Jesus Christ and the possibility of a more fraternal world. For this reason they are not to fear to creatively make the Gospel real by paying particular attention to the phenomena that are changing human relationships: means of communication, migration, and cultural, social, ideological and religious changes.

We created a new number regarding pluriculturality, based upon the Fraternal Congress of Nairobi.

§2. The relationships and the exchanges between cultures, in the teaching of the Church25, are values that also enrich fraternal life. Therefore the wide-ranging richness of the various cultures is to be welcomed by all the friars, who are to promote encounter and dialogue among them.

§3. The friars are to seek to have a true understanding of the other. They are to welcome respectfully the originality of his culture and value its vision.

§4. The friars are to seek to live any eventual conflicts in the fraternal life as an occasion for human and spiritual growth. Moreover, by recognizing the limits of their own experiences and viewpoints, they are to care for mutual integration between the various cultures26.

24 See ER, 5: 14.. 25 See RM, 52; CV, 26; EG, 116; and Educating to Intercultural Dialogue in Catholic Schools, 33. 26 This entire number is drawn from the closing letter of the Fraternal Congress of Nairobi, Commentarium Ordinis (III, 2011) p. 9-14.

87 - § 1. Within the framework of the Order, the Province, and of each Friary mutually beneficial relations should be encouraged among the Friars to promote unity in life, government, education, and the apostolate.

56. §1. Within the Order, Conferences and Federations, Provinces and Custodies, and in each Friary, each called to be a house and school of communion27, mutually beneficial relations are to be encouraged among the friars in order to promote fraternal life, initial and continuing formation, and mission.

We enriched content by adding a magisterial reference and a reference to Conferences and Federations.

§ 2. In order to stimulate and maintain a sense of cooperation and responsibility on the part of each Friar, dialogue among the Friars for the exchange of information and for consultation should be encouraged at opportune times and in suitable ways, both in Chapters and Definitories as well as in informal personal and familial discussions.

§2. In order to stimulate and deepen the sense of belonging, participation, cooperation, and responsibility on the part of each friar, an atmosphere of mutual trust and openness28 is to be encouraged. There is to be effective communication and consultation among the friars, in Chapters and other formal meetings, in informal personal and familial discussions, and by using new means of communication29.

We enriched the content and added pertinent citations.

§ 3. It is the responsibility of all the Friars, however, to cooperate in discerning the will of God better. The Friars should always willingly carry out the decisions of the Superiors whose responsibility it is to guide the community according to the Rule and Constitutions.

§3. In order to deepen fraternal spirit, the friars are to cooperate in discerning the will of God by means of their prayer; evaluation of the changes occurring in the Church, in the Order, and in society; and attention to the signs of the times. The friars are to recall that they must carry out the decisions of the Chapters and of the Ministers, Custodes, and Guardians, whose responsibility it is to guide and lead the fraternity.

We enriched content and widened the vision.

57. §1. The friars are to gather in Chapter in order to discern in the light of the Holy Spirit the best ways to preserve and adapt the Franciscan charism and the spiritual patrimony of the Order30 in various historical and cultural situations.

We created a new paragraph which cites a magisteral document to highlight the role of Chapters in safeguarding charism.

88 - § 1. The communion of fraternal charity should be fostered in a special way through General and Provincial Chapters in which respectively the fraternity

§2. The communion of fraternal charity is to be fostered in a special way through General, Provincial, Custodial, and Friary Chapters. Chapters, in fact, are

We enriched content.

27 See NMI, 43. 28 See VC, 50. 29 See CIC, canon 633. 30 See VC, 42.

of the whole Order and that of the whole Province assembled in the name of the Lord must be expressed, confirmed, and perfected.

the most fitting occasions for communal discernment of the will of God for the fraternity31.

§ 2. Fraternal charity, however, should be promoted particularly by the Friary Chapter in which Friars earnestly endeavor to consider in the Lord all matters pertaining to their family, spiritual, and apostolic life, either by way of fraternal consensus or, pursuant to the Constitutions, as the council of the Guardian or as a collegial body.

§3. The Friary Chapter, which can act—pursuant to the Constitutions— either by way of fraternal consensus or as the council of the Guardian or as a collegial body, is in the tradition of the Order one of the most significant expressions of fraternal life. In it communion of life is fostered and all matters pertaining to the human, spiritual, family, and apostolic growth of the friars and of the fraternity are treated. Continuing formation is also cared for in Chapter, and all are involved in communal discernment, planning and evaluating activity, fraternal correction, and review of fraternal life.


§ 3. All Friars who, according to Const. n. 202, are members of the Friary Chapter must participate in it. They should freely and humbly express their own views with a lively sense of responsibility and offer their own personal experience in the solution of problems and the advancement of projects.

§4. All friars who possess the right according to Constitutions 225, §1 are to participate with a lively sense of shared responsibility and a creative spirit in Friary Chapter. They are to listen to and welcome with an open heart that which others say. They are to humbly and frankly32 express their own views. They are to offer their own contributions of ideas, talents, and experiences to renew fraternal and apostolic life, to solve problems that present themselves, and to plan and accomplish common projects.


89 - § 1. The regular observance of common life should neither hinder nor restrict the legitimate undertakings of individual Friars; rather, these should be encouraged, evaluated, and organized according to the needs and opportunities of both the community and the Friars involved.

58. §1. Ministers, Custodes, and Guardians are to be open and sensitive to the legitimate undertakings of individual friars begun after serious fraternal discernment, especially those concerning new forms of evangelization. In this way the friars can respond to the call of God by valuing gifts received and making

We expressed the content more positively and widely.

31 See CIC, canons 631-632. 32 See the concluding speech of Pope Francis to the Third Extraordinary General Assembly of the Synod of Bishops, October 18, 2014.

them fruitful for the good of the fraternity, the Church, and society33.

§ 2. The Friars, however, should not seek what serves only their own interests, nor engage in their own activities - in isolation as it were from the community- nor prefer their personal advantage to the good of the community.

§2. Personal activities and commitments of the friars are to be evaluated, discussed, and agreed-upon by the fraternity, so that they benefit both the person and the group. In each case the friars, as mature religious men, are to know how to place the good of the fraternity before their own personal interests.

We expressed the content more positively and concretely.

90 - § 1. Superiors should so exercise their authority toward the Friars that they express God's love for them and lead them to unity in charity. Consequently, the spiritual and temporal welfare of the community and of each Friar should be uppermost in their hearts.

59. §1. Ministers, Custodes, and Guardians are to exercise the service of authority with charity and familiarity34. They are to love the fraternity with constancy; to secure the necessary time for prayer and care for its quality; to foster human dignity and responsible active expressions of obedience; to instill hope and courage during difficulties; to keep alive the charism of the Order and the sense of being with the Church; and to accompany the continuing formation of the friars35.

We enriched the content, based upon the document The Service of Authority and Obedience.

§ 2. Friars should cheerfully support their Superiors by charity and obedience and share in their concerns by prayer and work so that Superiors may fulfill their office more fruitfully.

§2. The friars are to love their own Ministers, Custodes, and Guardians, obey them and respect them cheerfully, pray for them and generously work with them by helping them bear the weight of their service.

We updated language.

91 - § 1. Friars should always express their mutual love by courteous conduct; they should render spiritual and material services to one another for their mutual development and activity.

60. §1. Friars are to always express their mutual love by courteous Gospel conduct. They are to render spiritual and material services to one another as brothers for their mutual development and activity.


§ 2. The Friars should avoid judgments and any words or actions which may hinder or disturb peace, charity, and the duties of fraternal affection. They should be especially vigilant lest differences of situation or age give rise in the brotherhood to discrimination or favoritism. Rather, these differences should be an

§2. The friars are to avoid judgments and any words or actions which in any way might hinder or disturb peace and fraternal charity.

We divided this paragraph into two, in response to contemporary individualism, while making room for diversity of opinion.

33 See CIC, canon 618. 34 See LR, 10: 5. 35 See CIC, canon 619.

incentive to charity and integral relationships. They should promptly forgive offenses should any occur. §3. When legitimate differences of opinion do occur,

they are to express their views with both conviction and gentleness and listen respectfully to other points of view, and seek together the best solution.

§4. The friars are to foster a spirit of fraternal communion, avoiding any dissension caused by differences in age, culture, background, formation, interests or activities. They are to promptly forgive offenses should any occur.

92 - § 1. The Superiors and other Friars should exercise constant and provident charity in assisting older Friars and in caring for the sick so that spiritual comfort may be available to them, especially through the sacraments.

61. §1. The Ministers, Custodes, Guardians and all the other friars are to have particular attention and care for friars who are older, sick, infirm, or in difficulty, as they would want for themselves in similar circumstances36. They are to be of assistance to them spiritually especially through the sacraments, and humanly through concrete gestures of service. They are to offer them the necessary care and assistance.

We improved the content and added a Franciscan reference.

§ 2. Sick Friars should confidently disclose their condition so that they may receive whatever is necessary for the recovery of their health or the alleviation of their suffering. At the same time they should realize that by offering up their infirmities to God they contribute greatly to their own sanctification, to the works of the apostolate, and to the life of the community.

§2. Sick friars or those afflicted by some suffering are not to hesitate to disclose their condition, so that they may receive whatever is necessary for the recovery of their health or the alleviation of their suffering and discomforts. They at the same time are to bear faithfully their infirmities and sufferings37. They are to offer up to God their difficulties in union with the cross of Christ, knowing that in this way they contribute to their own sanctification, to the life of the fraternity, and to building up the Kingdom of God.

We improved the content and added a Franciscan reference.

26. § 2. The Sacred Convent in Assisi enjoys a primacy over all other Friaries since it has been entrusted with the care of the famous shrine where the mortal

62. §1. The Sacred Convent in Assisi, to which is annexed the Basilica of St. Francis which contains the body of our Seraphic Father, is the heart of the Order.

I We included here 26 §2 of the current Constitutions and simplified the language.

36 See LR, 6: 9. 37 See CtC, 24.

remains of our Seraphic Father lie in rest. The Friary has been declared head and mother of the whole Order and the church has been elevated to the rank of patriarchal basilica and papal chapel. All the Friars should consider the Sacred Convent the center of spirituality for the Order, the Provinces, and the Friaries and realize that they have a spiritual bond with it. It is fitting, therefore, to station Friars chosen from various Provinces of the Order at the Sacred Convent so that they may manifest and strengthen the love and fidelity of all the Friars of the Provinces in reference to Franciscan perfection and its charism, and be able to promote and foster its vitality. The Sacred Convent is governed by its own Statutes.

This place was proclaimed by Pope Gregory IX in 1230 as caput et mater totius Ordinis Minorum. For this reason friars from various Provinces and Custodies are stationed here, chosen to live and witness the Franciscan charism among fellow friars from different cultures.

§2. The Sacred Convent is governed by its own Statutes. L

Title II: Some Aspects of Fraternal Life


Current Chapter IV, Title II: Common exercises Some Aspects of Fraternal Life 93 - §1. The nature and discipline of the fraternity require that the Friars perform certain exercises in common and adopt certain external forms of life as appropriate means for strengthening and expressing the unity of life in common.

63. The very nature of fraternity as an icon of the Trinity requires that the friars reinforce communion in the fraternal life by means of certain exercises done in common. Likewise activities personally carried out by each friar are to be coordinated with the goals of the fraternity.

We included a reference to the Trinity and united the two paragraphs into one.

§2. Likewise, activities which are carried out personally according to the needs of each one's spiritual life and of the apostolate are to be coordinated with the goals of the community.

94 - A suitable schedule for community exercises which 64. The Friary Chapter as the privileged instrument for We enriched the content of the number and took

takes into account the spiritual and apostolic needs of each of the Friars should be established in the Friary Chapter and confirmed by the Major Superior.

communion, planning, and evaluation is to establish a schedule of common exercises, taking into account the daily needs of the fraternal life and of each friar. This schedule is to be confirmed by the Minister or Custos.

actual practice into account.

95 - §1. The Friars should be diligent in performing liturgical celebrations and other sacred services in common so that their spirit, thus refreshed in liturgical communion, may permeate their common apostolic activity and their whole family life.

65. §1. All the friars are to be diligent in communal participation in liturgical celebrations and in other times of prayer. Coming together around the Divine Mysteries strengthens communion between them and with the People of God38.


§2. Members of the same family, Friars should also share in the communion of the same table, expressing their love for one another and the similarity to the Eucharistic banquet. A brief spiritual reading should precede the meal.

§2. Since they are members of the same family39, the friars are to share joyfully at the same common table and at moments of recreation and fraternal conversation. When they are detained outside the friary they always are to remain in communion with their own fraternity.

We joined together paragraphs 2 and 3 and the last section of paragraph 4.

§3. They should also participate actively and joyfully in common recreation and fraternal conversation.

§4. Friars should assume community offices and carry out household chores gladly. When they are detained outside the Friary they should find comfort in the thought of their own community.

§3. The friars are to take care of the house and perform daily household chores as much as possible as a sign of fraternal minoritas.

We highlighted a Franciscan motivation.

96 - §1. In order to safeguard the privacy and freedom of common life better, access to the private quarters of the Friary should not be allowed to outsiders except for a just cause.

66. §1. In order to better safeguard the privacy and freedom of the fraternal life, the Friary Chapter is to reserve part of the Friary for the privacy of the friars, as confirmed by the Minister or Custos. For a reasonable cause and in individual instances, the Guardian may grant access as well to others40.

We joined together paragraphs 1-2 and updated language.

§2. It is the right of the Major Superiors to define or change the cloister limits. For a reasonable cause, however, the Guardian may suspend the cloister in individual instances.

38 See CIC, canon 663. 39 See CIC, canon 602. 40 See CIC, canon 667 §1.

§3. Silence which is conducive to work, study, and the spirit of prayer should be encouraged. Necessary discretion is to be observed in the use of communications media, and whatever is harmful to one's vocation and dangerous to the chastity of a consecrated person is to be avoided (can. 666).

§2. In the Friary the friars are to foster an environment conducive to work, study, and the spirit of prayer.

We divided this paragraph into two.

§3. The friars are to be formed for good use of social communication. It contributes to human development, to the acquisition of knowledge, to sharing information, to widening relationships, and, not least, to the work of evangelization. The friars are to use media maturely, responsibly, and moderately, taking care that its use not impoverish relationships with friars in the same Friary nor cause damage to one’s own consecrated life.

We used more positive and contemporary language.

§4. Friars of the Order and of other Franciscan families as well as guests who come to our Friaries should be received with religious charity and hospitality.

§4. Members of the entire Franciscan family, as well as any other guests who come to our Friaries, are to be received with goodness41, charity, and hospitality.

We broadened the sense of hospitality and inserted a Franciscan reference.

97 - §1. The religious habit of the Friars, the sign of our consecration and of our community and a witness to poverty, must be simple and modest, poor and becoming. It consists of a black tunic with a capuche and a white cord. In certain places, for a reasonable cause approved by the Minister General with the consent of his Definitory, the grey habit may be worn.

67. §1. The religious habit of the friars is a sign of consecration, fraternal life, and a witness to poverty. It is to be simple and modest, poor and becoming. It consists of a grey or black tunic with a capuche of the same color and a white cord, suspended to which, according to custom, may be worn the Franciscan Crown of the Blessed Virgin Mary. The choice of color of the religious habit is specified in Provincial or Custodial Statutes42.

We updated language, took note of the actual situation of the Order, and joined the first two paragraphs.

§2. According to custom, it is laudable to wear-suspended from the cord-the Franciscan crown of the Blessed Virgin Mary.

§3. The Friars must wear the habit of the Order. The Minister General, however, for particular reasons and

§2. The friars are to wear the habit of the Order. Provincial and Custodial Statutes, however, for

We took account of current practice.

41 See ER, 7:14. 42 See CIC, canon 669 §1.

as long as these last, may permit another form of dress. particular reasons and as long as these last, may permit another form of clothing. Such clothing is to be simple, modest, and becoming as well.

98 - §1. It is proper for Friars who are traveling through cities and places where there are Friaries of the Order to lodge at these insofar as this is possible.

68. §1. It is proper for friars who are traveling through cities and places where there are Friaries of the Order to lodge at these insofar as this is possible, taking care to courteously notify them ahead of time.

We added pre-notification.

§2. Vacations shall be granted in accordance with the Provincial Statutes and the diversity of times and needs in a manner, however, that is proper to religious.

§2. Vacations are to be granted in accordance with Provincial and Custodial Statutes and the diversity of times and personal needs, in a manner, however, that is proper to the Gospel profession of the friars.


99 - §1. Friars should gratefully pay their obligations toward their parents, relatives, and benefactors for whom we pray privately and in common, so that this may redound to their edification and spiritual welfare.

69. §1. The friars are to give thanks to God for their parents, relatives, friends, benefactors, and co-workers. They are to express their gratitude towards them by prayer and by supporting them in their difficulties.


§2. The Friars, who have chosen to serve God alone, should not become involved inopportunely in the affairs of their relatives; Superiors, however, should prudently and charitably assist such persons when they are in want.

§2. Since they have come to be a part of this fraternity, the friars are not to become involved inopportunely in the affairs of their relatives. But if family members find themselves in want, the Ministers, Custodes, and Guardians are to prudently and charitably assist them, as defined in Provincial and Custodial Statutes.

We created an administrative procedure to help friars’ families in cases of need.

§3. The respective Ministers may enroll those who have assisted the Order or Province in some outstanding way among the spiritual sons and daughters and friends of the Order or Province. A suitable diploma should be used to indicate that they share in all the spiritual graces of our brotherhood.

§3. Benefactors of the Order, Province, and Custody are to be remembered in prayer by the fraternity, and, if deemed advisable, they may be enrolled as friends of the Order, the Province, or the Custody with an appropriate recognition as established by the respective Minister or Custos.


100 - All those whom we employ should be treated charitably and respectfully. They should be assisted in leading a Christian life and should be paid a just wage stipulated by contract in conformity with the norms of civil law.

70. §1. All of those employed in Friaries and works of the Order are to be treated charitably and respectfully. They are to be paid a just wage stipulated by contract in conformity with the norms of civil law. The friars are to comport themselves with them respectfully and discreetly.

We divided this paragraph into two to note different aspects of our relationships with co-workers.

§2. The presence of co-workers does not exempt the friars from sharing responsibility and practicing subsidiarity both in domestic tasks and other works.

101 - The Friars should rejoice in being considered “lesser brothers” and in acting as members of one family. Whenever an order of precedence is required the general Statutes are to be observed.

We moved this number from the Constitutions to the Statutes.

Title III: Fraternal harity toward the Deceased


Current Chapter IV, Title III: The Duty of Charity toward the Deceased

Draft Chapter III, Title III: Fraternal Charity toward the Deceased

Motivations:

102 - §1. Since it is a good and holy thought to pray for the dead that they may be released from their sins, the Friars should exercise the greatest concern and charity toward our confreres, parents, relatives, and benefactors who have left this world. The souls of the Friars and all the faithful departed, for whom the Friars are bound to pray according to the precept of the Rule, should be assisted by devout suffrages.

71. §1. It is a good and holy thing, a sign of fraternal union, that the friars pray for the dead43, especially for confreres, relatives, friends, and benefactors, so that by means of the communion that exists among all the members of Christ, the departed may be granted spiritual assistance and the friars be granted the comfort of hope.

We reworked the paragraph based on the General Instructions for the Roman Missal, 335.

§2. The friars are to participate as much as possible in the funerals of confreres and the relatives of confreres as a sign of fraternal communion, as stipulated in Provincial and Custodial Statutes.

We created two new paragraphs.

§3. The friars are to visit and care for the graves of their confreres and maintain an updated necrology, in order to keep alive their memory.

§2. Every month a Mass should be celebrated in each Friary for our deceased confreres, parents relatives

§4. Each month a Mass is to be celebrated in each Friary for deceased confreres, relatives,

We added a Statutes reference because

43 See LR, 3: 4.

and benefactors. The Friars should participate in it; if they cannot they should attend another Mass or recite vespers.

friends, and benefactors, at which all friars are to participate. Those unable to be present are to perform another spiritual practice stipulated in Provincial and Custodial Statutes.

practices differ throughout the world.

§3. On the day after All Souls Day suffrages shall be offered as prescribed in the preceding paragraph; all Friar priests, however, shall offer the sacrifice of the Mass for the deceased.

§5. During the month of November, according to local custom, each fraternity is to commemorate the deceased of the Franciscan family. All friar priests are to offer the sacrifice of the Mass for them and all the friars celebrate the Liturgy of the Hours.

We noted differing local practices.

§4. Other suffrages are to be determined more exactly in the General and Provincial Statutes.

§6. Other suffrages are to be established more exactly in General, Provincial, and Custodial Statutes.

We slightly modified language.

Title IV: Relations with the Entire Franciscan Family


Current Chapter IV, Title V: Relations with other Franciscan Families

Title IV: Relations with the Entire Franciscan Family

114 - §1. Fraternal association and cooperation with Friars of the other families of our Seraphic Father St. Francis should be encouraged. Our Friars should, therefore, promote suitable initiatives and support those of the other families so as to strengthen the life and apostolate of the entire seraphic community.

72. Lively and reciprocal fraternal association and cooperation with all members of the entire Franciscan family are to be encouraged. The friars are therefore to promote suitable common initiatives so as to make the Franciscan charism more visible in the life and mission of the Church.

We joined these two paragraphs to underline Franciscan unity.

§2. Moreover, the unity of the Franciscan spirit in the First and Second Orders, in Franciscan congregations, and also in the Secular Franciscan Order should be fostered so that the seraphic charism may flourish in all its fullness.

115 - §1.Major Superiors should exercise authority in the houses of women religious affiliated or aggregated

73. §1. Our Seraphic Father St. Francis promised special and diligent care for St. Clare and her sisters44.

We added a Franciscan reference, updated language, and tried to foster good spiritual relationships.

44 See RSC, 6: 4.

to our Order and attend to their spiritual assistance in the manner decreed in their constitutions. They should also conduct canonical visitation in conformity with the norms of law.

Therefore the Ministers and Custodes are to exercise their ordinary authority in the monasteries of Urbanist Poor Clares united to our Order and attend to the spiritual assistance of all the Urbanist Poor Clares by providing them with competent and suitable friars. They are also to help the friars to both understand and esteem their charism and their mission.

§2. The Superiors should willingly provide them with competent confessors, preachers, spiritual advisors, and chaplains, all of whom are to effectively promote the nuns' contemplative life which must always play a prominent role in the Church and the spiritual and apostolic life of the sisters.

§2. The Ministers and Custodes are to attend to the spiritual assistance of the religious men and women affiliated or aggregated to our Order in the manner decreed in their constitutions, and help them to foster faithfulness to the Franciscan charism, communion with the Church, and union with the Franciscan family.


116 - §1. The Friars, particularly the designated assistants, should offer to the Secular Franciscan Order the means for leading a life of perfection and for cooperating in the works of the apostolate, in such wise that its members can effectively fulfill their responsibilities in the Church.

74. §1. The Ministers and Custodes are to attend to the spiritual assistance to the fraternities of the Secular Franciscan Order, in accordance with what is established in the Constitutions of the Secular Franciscan Order. The friars are to be knowledgeable about the spirituality of the Secular Franciscan Order and be willing to spiritually assist secular fraternities and to cooperate with them in evangelization and in the works of the apostolate.

We updated the entire number in conformity with SFO legislation.

§2. The Minister General everywhere, and the Minister Provincial in his own Province, have the right to do whatever is required, in conformity with the prescriptions of law and of the respective constitutions, for the erection and assistance of fraternities of the Secular Franciscan Order.

§2. The Ministers and Custodes have the right to canonically erect new local fraternities of the Secular Franciscan Order and to exercise “altius moderamen45” upon them while respecting their legitimate autonomy.

§3. The Provincial Chapter shall carefully select an assistant for the Secular Franciscan Order so that everything may be promoted and coordinated

§3. The spiritual assistant for the fraternities of the Secular Franciscan Order is appointed by the Minister or Custos, having consulted the Council of the

45 See CIC, canon 303.

properly. fraternity involved. 75. The friars are to cooperate as much as possible

with groups, scholars, and initiatives interested in or inspired by St. Francis, Franciscanism, or the “Spirit of Assisi”, in order to promote the Franciscan charism in ecclesial, ecumenical, inter-religious, academic, and social realms.

We created a new number to enlarge the horizons of Franciscanism.

Title V: Safeguarding Fraternal Life


Current Chapter IV, Title VI: Safeguarding Fraternal Life

Title V: Safeguarding Fraternal Life

117 - § 1. Friars in difficulty should be suitably helped by the other Friars, especially by the Superiors, even by discreet admonition or fraternal correction should this be necessary and charity so dictate.

76. §1. Friars in difficulty who have come to understand and recognize their inability to follow the Rule according to the Spirit are to have recourse to their Ministers, who are to receive them with charity and kindness and treat them like true brothers46.

We divided the paragraph into two and provided Franciscan references.

§2. All the friars, and especially the Ministers, Custodes, and Guardians, are to without delay come to the aid of a confrere who is in any type of difficulty. They are to listen to him, accompany him, admonish him, and correct him humbly and charitably47, being careful to not be angry or disturbed48, and always being merciful49.

§ 2. All should exercise fraternal charity toward those who have left the Order, remember them

§3. Those who have left the Order are to be treated by everyone with fraternal charity. The friars are to

46 See LR, 10: 4-5. 47 See ER, 5: 5. 48 See LR, 7: 3. 49 See LtMin, 7-10.

constantly to God in their prayers, and always treat them as true brothers.

remember them to God in their prayers, and always treat them as true brothers.

§4. The Ministers and Custodes are to treat the friars who have legitimately left or who have been legitimately dismissed from the Order with equity and Gospel charity50.

We moved current Constitutions 10 §3 to hear and made the language more positive.

118 - § 1. The following lack active and passive voice: a) one who is exclaustrated, no matter for what reason, until six months after his return to cloister; b) one who has requested reduction to the lay state or an indult of secularization from the Minister General and Provincial, during the time his request is pending with the ecclesiastical Superiors;

77. §1. The following lack active and passive voice: a) one who is exclaustrated for any reason, for a verified period of six months after his return to cloister; the time period may be prolonged at the judgment of the competent Minister or Custos with the consent of his Definitory, but for no more than one year; b) one who has requested from his Minister or Custos a dispensation from the obligations derived from sacred ordination or an indult of secularization, from the moment in which he made the request to ecclesiastical superiors51; c) one who absents himself illegitimately from the Friary for a period of up to three months, on the basis of a written declaration from his respective Minister or Custos52, as long as he remains outside the Friary, and then after his re-entry for a period of six months; the time period may be prolonged at the judgment of the competent Minister or Custos with the consent of his Definitory, but for no more than two years; d) one who has been received back into the Order after

We clarified the instances and timeframes of the privation of active and passive voice. We introduced a new restrictive norm to combat frequent abuses.

50 See CIC, canon 702. 51 See CIC, canons 290 n. 3 and 691. 52 See CIC, canons 665, §2 and 696, §2.

c) one who has been received back into the Order after having left it unlawfully, for three years from the time of his return.

having left it unlawfully for a period greater than three months, for a period of four years from the time of his return.

§ 2. Common law is to be observed with regard to the imposition of other penalties.

§2. Common law is to be observed with regard to the imposition of other canonical sanctions53.

119 - § 1. The right to dismiss a novice belongs to the novice's own Major Superior. Should there be danger in delay the local Superior with the consent of his Chapter may dismiss him.

78. The right to dismiss a novice belongs to the novice's own Minister or Custos. Should there be danger in delay the local Guardian with the consent of the Friary Chapter may dismiss him54.


§ 2. Common law is to be observed in what pertains to absence from a religious house, exclaustration, permission for leaving the Order, and the dismissal of Friars both in temporary and solemn vows (cann. 665, 1; 686, 1-3; 688, 2; 691; 695-702).

79. §1. In what pertains to absence from a religious house55, exclaustration56, permission to leave the Order57, and the dismissal of friars58, both in temporary and in solemn vows, common law is to be observed59.

We provided a more thorough listing of canonical citations.

53 See CIC, canons 1336-1340. 54 See CIC, canon 653. 55 See CIC, canon 665. 56 See CIC, canon 686, §1. 57 See CIC, canon 691. 58 See CIC, canons 694-696. 59 See CIC, canons 697-702.

§ 3. In each case of dismissal the reason for dismissal must be made known to the Friar in question and he should be given full liberty to defend himself. Before the decree of dismissal is issued, the Friar should be granted, with due observance of the law, the opportunity to leave the Order of his own accord.

§2. In each case of dismissal the reason for dismissal is to be made known to the friar in question and he is to be given full liberty to defend himself60. In any case, before the decree of dismissal is issued, the friar is to be granted, with due observance of the law, the opportunity to leave the Order of his own accord61.

Title VI: Fraternal Administration of Goods


Current Chapter IV, Title IV: The Administration of Goods in Common

Title VI: Fraternal Administration of Goods

80. The fraternal life requires a responsible, sharp-eyed, and transparent administration of goods at every level. Such administration is to be conducted according to criteria of poverty, minoritas, solidarity, and charity. It is always to be remembered that God is all good, supreme good, and totally good62, our true riches to sufficiency63, Who in His providence entrusts goods to our wise safeguarding and care.

We added a new introductory number which contains Franciscan references.

103 - § 1. The principal responsibility for the administration of the goods of the fraternity resides and is exercised in the Friary, Provincial, and General Chapters. With due precautions the General and Provincial Chapter may expressly authorize its respective Minister with his Definitory to handle acts of extraordinary administration.

81. §1. The principal responsibility for the administration of the goods of the fraternity resides and is exercised in the Friary, Custodial, Provincial, and General Chapters. A General, Provincial, or Custodial Chapter may expressly authorize its respective Minister or Custos with his Definitory to handle acts of extraordinary administration.


60 See CIC, canon 698. 61 See CIC, canons 691 and 290 n. 3. 62 See The Praises to be Said at All Hours. 63 See The Praises of God, 5.

§ 2. Ordinary and daily administration is the responsibility of the officials elected by counters in their respective Chapters. They are dependent on the Superiors, whose duty it is to see to the correct administration of the goods.

§2. General, Provincial, Custodial, and Friary Chapters are to elect by counters their respective economs and exactors, choosing friars who are capable of performing their task competently and diligently. They are to act dependent upon the direction of the Ministers, Custodes, and Guardians, following the norms of canon and civil law. The economs are to present detailed and complete administrative reports to their respective Chapters64.


§ 3. For the validity of any alienation, exchange, or lease of goods the written permission of the respective Superior and his council is required, according to the Statutes. If, moreover, it is a matter of an act of administration which exceeds the amount set by the Holy See, and also of items given to the Church in virtue of a vow, or items of precious art, or of historical value, besides the written approval of the Minister General and his Definitory the permission of the Holy See is also required.

§3. For the validity of any alienation, exchange, or lease of any property or personal goods, the written permission of the respective Minister or Custos and his Definitory is required, according to the Statutes. If, moreover, it is a matter of an act of administration which exceeds the amount set by the Holy See, or involves items given to the Church in virtue of a vow, or items of precious art or of historical value, besides the written approval of the Minister General and his Definitory the permission of the Holy See is also required65.

We updated language and added a canonical reference.

104 - Friaries, Provinces, and the Order itself, as well as other juridical persons of the Order are to be legally incorporated, according to the Provincial Statutes. Likewise, respective legal representatives of these juridical persons are to be appointed who, personally or through delegates, under the dependence of the Superiors, are empowered to carry out acts of administration valid under civil law. Should this become impossible other appropriate arrangements should be made.

82. Friaries, Provinces, Custodies, and the Order itself, as well as other juridical persons of the Order are to be legally incorporated, according to the Provincial or Custodial Statutes. Likewise, respective legal representatives of these juridical persons are to be appointed who, personally or through delegates, always under the dependence of the Ministers, Custodes, or Guardians, are empowered to carry out acts of administration valid under civil law. Should this become impossible other appropriate


64 See CIC, canon 636. 65 See CIC, canons 638 §3 and 1292, §2.

arrangements should be made in a manner stipulated in proper Statutes and according to civil and ecclesiastical law66.

105 - § 1. In each Friary, in each Province, and in the Order there should be one central administration which respectively shall unite all the sub-administrations of various offices, institutional activities, offerings, and the like.

83. §1. In each Friary, in each Custody, in each Province, and in the Order there is to be one central administration which respectively shall unite all the sub-administrations of various offices, institutional activities, offerings, and the like.


§ 2. The entire administration of a Friary, of a Province, or of the Order should be entrusted to the exactor and the econom by the respective Chapter. The exactor shall receive all receipts, assist the econom, and with him oversee the account books. The econom shall make all expenditures within the limits of his competence and procure whatever is necessary for the temporal sustenance of the community. The assignments of exactor and econom can be joined, if the Statutes so permit.

§2. The entire administration of a Friary, of a Custody, of a Province, or of the Order is to be entrusted to the exactor and the econom by the respective Chapter.

We updated language and divided this one paragraph into four for greater clarity.

§3. The exactor is to carefully receive all income, to work with the econom, and with him to oversee the financial registers.

§4. The econom is to make all expenditures within the limits of his competence, procure whatever is necessary for the temporal sustenance of the community, and maintain the financial registers of his office.

§5. The assignments of exactor and econom can be joined only by exception and with the permission of the Minister of higher instance.

106 - § 1. The office of Major Superior is incompatible with the assignment of both exactor and of econom.

84. §1. The offices of Minister and Custos are incompatible with the duty of either exactor or econom67.


§ 2. The Guardian may not exercise the office of §2. The Guardian may not exercise the duty of exactor We updated language and strengthened the

66 See CIC, canon 634 §1. 67 See CIC, canon 636 §1.

exactor or econom of a Friary unless necessity requires it and he is approved by the Minister Provincial with the consent of his Definitory. Permission is to be given in writing and recorded in the account book.

or econom of a Friary unless necessity clearly requires it and it is approved by the Minister Provincial with the consent of his Definitory. This permission is to be given in writing for a limited time period and conserved in the respective archives.

exceptional aspect of the concession.

107 - § 1. The Friary Chapter shall determine what acts of administration the Guardian and other officials are authorized to carry out habitually.

85. §1. Either Custodial or Provincial Statutes or the Friary Chapter are to determine what acts of administration the Guardian, the econom, and the exactor are authorized to carry out habitually.

We took into account differing practices in the Order.

§ 2. The Provincial Chapter shall decide what goods and administrative responsibilities belong to the Province. So, too, it shall define the competence of both the Minister Provincial alone as well with his Definitory, that of the Friary Chapter, and also the amount and the frequency of the assessments to be levied on the Friaries of the Province.

§2. Provincial and Custodial Statutes are to determine which goods belong to the stable patrimony68 and what are the administrative responsibilities of the Province and Custody. They further establish the contribution which the Friaries are to render to the Province or Custody, as well as the other specified forms of economic solidarity.

We divided this paragraph into two because they treat different topics.

§3. The Provincial Chapter is to define the competence of both the Minister Provincial alone as well as with his Definitory, and that of the Guardian alone as well as with the Friary Chapter.

§ 3. The General Chapter shall define what goods and administrative responsibilities belong to the Order. It shall determine the competence of the Minister General alone and with his Definitory. By deliberative vote it shall determine the assessments to be levied on the Provinces and General Custodies to meet the needs of the Order and of the poor Provinces.

§4. The General Statutes are to determine which goods belong to the stable patrimony and the works of the Order. They further establish the contribution which the Provinces and Custodies are to render to the Order for its needs, as well as other specified forms of economic solidarity.

We updated the language. We divided this paragraph into two because they treat different topics.

§5. The General Chapter is to define the competence of both the Minister General alone as well as with his Definitory.

108 - § 1. Friars, especially administrators, should beware of any unlawful activities and illicit acts of

86. §1. Keeping in mind the choice of Gospel poverty and the duty of solidarity as well as the need for

We reminded both the principles of poverty and the need for financial planning, and noted compliance to

68 See CIC, canon 1291 and the circular letter of August 2, 2014, of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, “Guidelines for Management”, 1.4.

administration as well as of every semblance of the amassing of goods and of trade.

financial planning, the friars are to beware of any unnecessary amassing of goods. In the exercise of economic matters they are to follow the General Statutes, canon law, and civil law69.

legislation.

§ 2. Agreements entered into by officials should be duly honored and the price of purchases paid exactly and on time.

§2. Agreements entered into by officials are to be duly honored and the price of purchases paid exactly and on time.

§ 3. Debts should not be contracted unless it is certain that the capital and interest on the debt can be repaid with certainty and within a reasonable time from regular income or from other sources.

§3. Debts are not to be contracted unless it is certain that the capital and interest on the debt can be repaid with certainty and within a reasonable time from regular income or from other sources70.

109 - § 1. If any official acts in the name and by mandate of a Chapter or the Major Superior with the consent of his Definitory, the respective juridical person is responsible and not the higher juridical person.

87. §1. If any official acts in the name and by mandate of a Chapter or the Minister or Custos with the consent of his Definitory, the respective juridical person is responsible and not the higher juridical person.

§ 2. No Friar can participate in any way in the administration of the goods of a physical or juridical person outside the Order unless by way of exception and with the written permission of the Major Superior.

§2. No Friar can participate in any way in the administration of the goods of a physical or juridical person outside the Order unless by way of exception and with the written permission of the Minister or Custos. In the case of a Minister or Custos, permission is required from the higher instance71.

§ 3. Should a Friar violate the law or cause damage through his own malice or fault, he alone will be responsible.

§3. Should a friar violate the law or cause damage through his own malice or fault, he alone will be responsible.

110 - It is the responsibility of Chapters to adopt uniform account books and to regulate the insurance of goods and of Friars as well as the safe deposit of money or other securities. These and other like matters are to be defined more exactly in the Statutes.

To the General Statutes, since it is an operational regulation subject to regular change.

111 - § 1. Under the careful supervision of the Superiors the officials are to record exactly and


69 See CIC, canons. 635 §2 and 640. 70 See CIC, canon 639. 71 See CIC, canon 600.

faithfully all receipts and expenditures, all business transactions, and changes in economic condition in the account books so that the financial status and statements of the entire administration and of each sub-administration will be clearly and distinctly evident. § 2. Before accounts and statements are rendered, the books recording receipts and expenditures are to be signed by the Superiors and officials and made available conveniently and without undue delay for the inspection of the Friars. They are also to be given to the visitator for inspection.


112 - § 1. Since the community itself is responsible, reports of receipts and expenditures of any administration are to be submitted to the Chapter and to the judgment of its members. Each year, however, a financial report of the Friary administration is to be sent to the Minister Provincial, unless the Provincial Statutes decree otherwise.


§ 2. In a Friary where there are fewer than three Friars de familia, the Guardian, himself, according to the Statutes, shall give the Minister Provincial a written report countersigned by the other Friar, of the entire administration of the Friary. In matters that would require the consent of the Friary Chapter, the Guardian, after consulting with the other Friar, must obtain the prior written consent of the Minister Provincial.

We eliminated this paragraph, since it contradicts the orientation of the Order regarding minimum numbers of friars in a friary.

113 - The financial administration of the Order and of the Provinces is to be dealt with in the General and Provincial Definitories and in the respective Chapters, according to the Statutes of each.


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