2.5.0. Introduction - lawfulness and validity of acts
The provincial chapter is a community act, whose value and consequences transcend the provincial community and the time at which it takes place.
The provincial chapter in fact elects delegates for the General Chapter and draws up proposals for the latter. In addition it can make decisions which, after the approval of the Rector Major with the consent of his council (cf. C 170), have binding force for all the confreres of the province, including those who have not taken a direct part in the decision-making.
Its realisation therefore is governed by norms which guarantee that its acts are valid and lawful. These norms are listed in the universal law and in our own proper law (Constitutions and General Regulations), from which the provincial chapter derives its authority.
The observance of the laws concerning validity and lawfulness, and precision in compiling official documents, ensure clarity and expedition at successive stages of the work and eliminate delays, reference back, explanations and sanations.
As a service to provincials and moderators of provincial chapters the following list of norms and juridical indications is provided. These norms refer to:
2.5.1. Canonical erection of houses
The canonical erection of the house is indispensable (cf. can. 608, 665§1) before the confreres can meet in an assembly which has the power of validly electing the delegate to the provincial chapter, and before the president of such an assembly of the confreres, who is the Rector according to C 186, can take part by right in the chapter (C 173, 5).
For individual houses which existed before 1926 as communities in their own right (and not “filiali” i.e. dependent on another community) it is sufficient that there be evidence of its existence before that date in which houses were canonically erected without individual documentation. The same form of erection was made for the houses of Poland existing before 1930.
It is necessary therefore:
It should be remembered that “the one in charge” of a canonically erected house, if he has not been appointed Rector, cannot take part by right in the PC and cannot organise the election of the Delegate of the community to the PC.
For the canonical erection of a house the Provincial must ensure that it has at least three confreres (cf. can.115 §2); after consulting his council and obtaining the written consent of the diocesan bishop or the equivalent (can. 609 §1), the Provincial must make formal application to the Rector Major (cf. can.608-610); and finally have received from the Rector Major himself the decree of the canonical erection (cf. C. 132 § 1,2).
In the case of canonically erected houses with less than six confreres the norms of R 163 apply: if possible the provincial should arrange that they meet together so as to form the number of at least six members under the presidency of the rector who is senior by first profession. Thus united they will elect the delegate for the provincial chapter and his substitute. If however because of special circumstances the members of a house with less than six professed members cannot join with another in like condition the provincial will join the community with less than six professed members to a larger one (with six or more professed) and together the members of the two communities with equal rights (both active and passive) will proceed to the election of the delegate and his substitute for the provincial chapter. It should be remembered too that the rector even of a community with less than six professed members (provided it be canonically erected) takes part in the provincial chapter by right.
In the case of houses not canonically erected the provincial will assign the group of confreres concerned to a house already canonically erected in which they can fulfil their duties and exercise their rights as electors together with the confreres of that house. It should be remembered that the “one in charge” of a house not canonically erected does not take part by right in the PC.
Appointments
A verification must be made to see that the appointments of those who take part by right in the provincial chapter are in order and have not lapsed. This is especially important in places where the provincial chapter takes place at a time when there is normally a change of personnel and new assignments.
An appointment is in order when:
The Superior Council, on 23.6.1978, made the following decisions concerning entry into office and its cessation:
What has been said above is to be applied, case by case:
For a vice-rector, given that with the approval of the provincial he can take the place of the rector if the latter is seriously impeded (cf. C 173, 5), there must be a formal document regarding his appointment as vice-rector. Sufficient for this purpose is the letter of obedience given to the confrere. There must also be a formal document indicating that the provincial has recognised the serious impediment preventing the participation of the rector in the provincial chapter and approves his substitution by the vice-rector.
Calculation of number of confreres and the various lists needed
The calculation of the number of confreres who belong to a province (or a vice-province) for purposes of the provincial chapter is very important. It determines:
On this account it is very important to have the following lists of confreres.
The norms governing the compiling of each of these lists are as follows:
It should be noted that this list of confreres belonging to the province “for purposes of the provincial chapter” does not coincide with the list that is asked for each year for statistical purposes; the latter includes also confreres in “irregular” situations.
The following are to be considered as belonging to the province (or vice-province) for the purpose of the PC:
The making of definitive transfers belongs to the Rector Major (cf. R 151). Definitive transfer is considered to have taken place in the following cases:
Temporary transfer is brought about:
Confreres who are also temporarily transferred are counted and vote only in the province where they currently reside.
In accordance with R 166 the following are to be considered as “lawfully absent” (and hence to be included in the list):
The confreres referred to here, those temporarily absent for reasons of study, health, or for work given them by their own provincial, are not “transferred”, even temporarily, to another province. They:
It should be noted that the work given them by their own provincial, which is referred to here must be effectively a work for their own province of origin. This is evidently not the case of a confrere who resides and works in an inter-provincial house: in a formation community or an inter-provincial study centre, for instance, the formation or teaching personnel belong in all respects to the province of the territory in which the house is situated, and are counted only in that province. Here it is a matter of “temporary transfer” as long as their assignment lasts.
To be still more precise the following, although still belonging to the province (or vice-province), must not be counted for purposes of the provincial chapter and must therefore not be included in the above-mentioned general list:
The practice is that for the purposes of the provincial chapter, confreres who have made a formal request to leave the Congregation are not counted, even though the request is still under consideration and has not reached a definitive conclusion
The “general list” of the confreres of the province is the one to be used for calculating
As soon as this general list has been compiled, a copy is to be sent to the Moderator of the GC29, according the norms and the forms he provides. It is his duty to verify the calculations of the individual provinces (or vice-provinces), so as to ensure the validity of the election of delegates to the General Chapter.
2.5.3.2. List of those who take part in the provincial chapter “by right”.
This is a list that the Provincial or Moderator of the PC will communicate to the confreres, so that they know which members attend the chapter by right.
In accordance with C 173 the following are members “by right” of the provincial chapter:
As was said earlier, the composition of the chapter of the circumscriptions with a special statute is laid down in the respective decree of erection.
Lists of confreres having “active voice” (electors).
They are of two kinds of lists:
This list is compiled in each community and includes all perpetually and temporarily professed confreres who reside in the community concerned, including those of other provinces (or vice-provinces) who are there temporarily for reasons of study, health, or for a mandate received from their own provincial of origin (cf. R 165,2).
To this list, which is important for the election at provincial level, belong all the confreres, both perpetually and temporarily professed, included in the “general list” of the province, except those who are deprived of active and passive voice.
Those deprived of active and passive voice, even though they be included in the general list of the confreres of the province, are:
In the case of the “absentes a domo”, their being deprived of active and passive voice must be clear from the document by which the provincial (with the consent of his council) grants permission for absence; cf. the letter of the Vicar General of 20.01.1985. .
2.5.3.4. Lists of confreres with passive voice (eligible for election).
There are three kinds of Delegates: Delegates of the community for the PC, Delegates of the province for the PC, and Delegates of the province for GC28. For this reason there are three types of lists:
It includes all the perpetually professed members of the community (including those of other provinces residing there even if only for reasons of study and health),
This list includes all the perpetually professed members on the “general list” of the province (list 2.4.3.1), with the exception of:
For the election within the provincial chapter of the delegate or delegates of the province to the General Chapter, it should be kept in mind that all the perpetually professed on the “general list” (list 2.4.3.1) are eligible for election, except:
The corresponding minutes of the election of delegates of the local communities and their respective substitutes must be drawn up on the appropriate forms and be examined by the relevant provincial commission.
This provincial commission for the examination of the minutes of the election of the delegates of the communities will be appointed by the provincial in agreement with the Moderator of the provincial chapter.
The corresponding minutes of the election of the delegates of the province must contain the following details:
The minutes drawn up on the appropriate forms, must be endorsed by the signatures of the one presiding over the scrutiny and of the scrutineers.
The minutes relating to the election of delegates to the GC28 and their substitutes must be drawn up only on the special forms provided for the purpose by the Moderator of the GC28 and in accordance with the instructions they carry..
These minutes must be sent without delay to the Moderator of the GC28, who will pass them to the appropriate juridical commission appointed by the Rector Major for the prescribed examination (cf. R 115).